Subcellar, cellar, and first floor of 11-story hotel may be used for hotel and retail uses. On January 28, 2009, the City Council approved Crosby Street Hotel LLC’s special permit application requesting an additional 19,116sq.ft. for hotel and retail uses within an 11-story hotel at 79 Crosby Street in SoHo, Manhattan. The surrounding neighborhood is mostly three- to seven-story buildings and loft buildings with ground floor retail.
Normally prohibited below the floor level of the second story in M1-5B districts, hotel and retail uses may be allowed in such areas through a special permit from the City Planning Commission. In order for the Commission to grant the special permit, it must find that the owner of the space, or a predecessor in title, has made a good faith effort to rent the space to a permitted use at fair market value. In cases where the building occupies less than 3,600sq.ft. of lot area, the Commission must also find that the good faith marketing effort was actively pursued for at least six months prior to the date of the special permit application.
The Commission granted the special permit, finding that the applicant had made the requisite good faith marketing effort for more than six months. The Commission noted that the applicant had enlisted the help of a real estate broker familiar with marketing space in SoHo, placed weekly advertisements in four periodicals, and notified industry groups and the Industrial Space Bank at the New York City Economic Development Corporation before submitting the application.
None spoke in opposition at Council’s public hearing before its Subcommittee on Zoning & Franchises, and the Subcommittee recommended approval as did the Land Use Committee. The full Council approved the application shortly thereafter.
ULURP Review
Lead Agency: CPC, Type II action
Comm. Bd.: MN 2, App’d, 36-1-0
Boro. Pres.: App’d
CPC: App’d, 13-0-0
Council: App’d, 46-0-3
Council: Crosby Street Hotel (C 080505 ZSM – spec. perm.) (Jan. 28, 2009).