Property owner claimed that a complying development was difficult because the High Line crossed the lot. Romanoff Equities applied to BSA for a variance to construct a twelve-story, 215-foot tall office building at 437 West 13th Street, a site occupied by a portion of the High Line. The original design included cantilevering a portion of the building ten feet over the High Line and using the first three floors for retail space.

Residents and preservation groups opposed the proposal, while others supported certain aspects of the application. Manhattan Community Board 2 approved the proposal but recommended that Romanoff reduce the total floor area. The City Planning Commission submitted a letter stating that it supported the height and setback waivers, but objected to the original proposal’s total floor area, the extension of retail uses above the second floor, and cantilevering any portion of the building over the High Line.

During the hearing process, Romanoff modified the proposal to a ten-story building with a two-foot cantilever that would not extend over the High Line, and agreed to use only the first two floors for retail. Romanoff still needed a variance because the project included a noncomplying retail use and exceeded the M1-5 district’s permitted floor area and minimum setback and rear yard requirements. (read more…)