THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 1688 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 000651 ZSM (L.U. No. 912-A), grant of a special permit and authorization pursuant to Sections 81-066 and 81-90 of the Zoning Resolution. Body By Council Members Eisland and McCaffrey WHEREAS, the City Planning Commission filed with the Council on October 20, 2000, its decision dated October 18, 2000 (the "Decision") on the application submitted by The Museum of Modern Art, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit and authorization pursuant to Sections 81-066 and 81-90(1) of the Zoning Resolution to permit: 1) a special permit pursuant to Section 81-066 of the Zoning Resolution to modify: a. the provisions of Article VII, Chapter 7, to allow the distribution of permitted floor area without regard for district boundary lines; and b. the rear yard requirements of Section 33-26 to allow encroachment into a required 20-foot rear yard at the easterly portion of the zoning lot; and 2) an authorization pursuant to Section 81-90(1) of the Zoning Resolution to modify the mandatory street wall requirements to allow the minimum height along a portion of the West 54th Street frontage to be less than 72 feet above curb level; in connection with a proposed enlargement of an existing museum use on a property located at 11 West 53rd Street (Block 1269/Lots 11, 12, 13, 14, 20, 58, and 165), in C5-P, C5-2.5, and C5-3 districts, partially within the Preservation Subdistrict and partially within the Fifth Avenue Subdistrict, in the Special Midtown District, Borough of Manhattan (ULURP No. C 000651 ZSM) (the "Application"); WHEREAS, the Application is related to Application Numbers C 000649 ZMM (L.U. No. 910), amendment to the Zoning Map and N 000650 ZRM (L.U. No. 911), amendment to the text of the Zoning Resolution; ____________ Page 2 of 3 C 000651 ZSM Reso. No. 1688 (L.U. No. 912-A) WHEREAS, the City Planning Commission has made the findings required pursuant to Section 81-066 of the Zoning Resolution; WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter; WHEREAS, upon due notice, the Council held a public hearing on November 21, 2000 on the Decision and Application; WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Impact Statement ("FEIS") for which a Notice of Completion was issued on October 6, 2000 (CEQR No. 00DCP007M); and WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; RESOLVED: The Council finds that the action described herein will have no significant effect on the environment; and Pursuant to Sections 197-d and 200 of the New York City Charter and on the basis of the Decision and Application, the Council approves the Decision with the following modification: The Council's approval is expressly conditioned on the following: 1.) that the plan referred to as "Drawing No. Z-6", "Ground Floor Plan" in paragraph 1. of the City Planning Commission's resolution approving this application (C 000651 ZSM) be amended to reflect that the entrance to the through-block lobby on East 54th Street shall not contain a marquee or other projection extending beyond the building line. _________ Page 3 of 3 C 000651 ZSM Reso. No. 1688 (L.U. No. 912-A) Adopted. Office of the City Clerk, } The City of New York, } ss.: I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on December 19, 2000, on file in this office. ............................................ City Clerk, Clerk of Council