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New York City PRACTICE UPDATE

Dan Braff Secures Two Zoning Authorizations from the City Planning Commission for a 188-Space Public Parking Garage in Midtown Manhattan

On August 9, 2017, the City Planning Commission voted unanimously to approve two Zoning Authorizations in connection with the extension of term of a pre-1961 special permit for a 188-space public parking garage in Midtown Manhattan. Specifically, the first Zoning Authorization retroactively extended the term of the special permit from October 9, 2002 to October 9, 2012, and the second Zoning Authorization further extended the term from October 9, 2012 to October 9, 2022, thereby bringing the special permit current. Manhattan Community Board 5 also voted to approve the applications in July. The seven-story free standing garage was originally developed pursuant to a special use permit from the City Planning Commission granted on October 2, 1957, which allowed a public parking garage with more than 150 spaces. This first approval was granted for a term of 25 years, and was subsequently modified and extended, with the most recent extension expiring on October 9, 2002.

As part of the second Zoning Authorization (2012-2022), the owner committed to constructing several safety upgrades to the garage, which were intended to bring the garage into greater compliance with the current zoning regulations applicable to public parking garages under the New York City Zoning Resolution. By reactivating and extending the term of the special permit through two Zoning Authorizations, the owner avoided the need for a new special permit from City Planning, which would have been subject to the Uniform Land Use Review Procedure (ULURP).

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