203-15-BZ CEQR #16-BSA-025M APPLICANT – Kramer Levin Naftalis & Frankell LLP, for Margaret Cotter, Liberty Theaters, owners. SUBJECT – Application August 28, 2015 – Variance (§72-21) to allow the restoration, reuse and enlargement of an existing commercial building located partly in a C6-4 district/Special Union Square District and an R8B district. The building is Tammany Hall and is a landmark. PREMISES AFFECTED – 44 Union Square East, Block 0872, Lot 078, Borough of Manhattan. COMMUNITY BOARD #5M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Vice-Chair Hinkson, Commissioner Ottley- Brown, Commissioner Montanez and Commissioner Chanda...............................................................................4 Negative:...........................................................................0 Recused: Chair Perlmutter...............................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated October 28, 2015, acting on Department of Buildings Application Nos. 121193047, reads in pertinent part: 1. ZR 22-10. Proposed Use Group 6 and 10 are not permitted in the R8B zoning district portion of the zoning lot per ZR Section 22-10. There are no bulk and use regulations for a commercial use in a residential zoning district. 2. ZR 118-31. Proposed enlargement does not meet the minimum street wall height requirements of 85 feet per ZR Section 118-31. 3. ZR 118-42. Proposed enlargement does not meet the principal entrance requirements per ZR 118-42; and WHEREAS, this is an application under ZR § 72- 21, to permit, on a landmark site partially within a C6-4 zoning district and partially within an R8B zoning district, partially within the Special Union Square District, the conversion and enlargement of an individual New York City landmark building known as Tammany Hall (the “Building”); and WHEREAS, the proposed conversion and enlargement does not comply with zoning regulations for use, minimum street wall height and principal entrance, contrary to ZR §§ 22-10, 118-31, and 118-42; and WHEREAS, a public hearing was held on this application on January 22, 2016, after due notice by City Record, publication in the with a continued hearing on February 23, 2016, and then to decision on March 22, 2016; and WHEREAS, Vice-Chair Hinkson, Commissioner Montanez, Commissioner Ottley-Brown, and Commissioner Chanda performed inspections of the subject site and neighborhood; and WHEREAS, Community Board 5, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the northwestern portion of the block bounded by Union 17th Square East, to the west, East Street, to the north, 16th Irving Place, to the east, and East Street, to the south; the site has 79 feet of frontage along Union Square East 17th and 150 feet of frontage along East Street, it contains 1 203-15-BZ CEQR #16-BSA-025M proposed, the applicant seeks the following waivers: (1) use (the proposed UG6 or 10A retail uses are not permitted in the R8B zoning district, as per ZR § 22-10); (2) street wall height (a mandatory street wall height of 85’-0” to 125’-0” is required pursuant to ZR § 118-31, a street wall height of 49’-7½” is proposed); (3) location of principal entrance (as per ZR § 118-42, if a use occupies at least 40-percent of the floor area of a building or portion of a building that fronts on Union Square East, then the principal entrance to that use shall be located on such street, the applicant proposes to locate the principal 17th entrance of the Building for the office uses on East Street); and WHEREAS, the applicant states that, in accordance with ZR § 72-21(a), the following are unique physical conditions which create an unnecessary hardship in developing the site in compliance with applicable regulations: (1) the history of the development of the site; and (2) the location of the subject site within two zoning districts; and WHEREAS, the

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