Illegal roof space used for 5 years while case was pending. After receiving a Landmarks permit in 2000 to add a decorative wooden trellis to its roof garden, owners of Sushi Samba, a Greenwich Village restaurant made popular by Sex & The City, instead built a steel-reinforced trellis that it covered in canvas roofing, making its second floor usable year round. After receiving warning letters, Samba applied to Landmarks to legalize the roof; Landmarks denied and a court upheld its decision. During this three-year period, Samba’s second floor remained operational year-round.

Landmarks issued 17 NOVs and sued, seeking penalties and the removal of the illegal roof. With the suit pending, Samba applied to Landmarks to construct a permanent enclosed second floor. Landmarks approved in 2004, setting a January 31, 2007 deadline for completed construction. When Samba still had its illegal roof in place in the summer of 2006, Landmarks sought a final order and penalties. Judge Paul G. Feinman agreed, ordering Samba to dismantle the roof and pay penalties. Samba appealed the order and a few months later finally dismantled the roof. (read more…)