Landlord Didn't Maintain Open Public Plaza

DOB issued a violation notice to landlord for violating Section 27-50 of the City's Zoning Resolution. Landlord had gotten an as-of-right plaza bonus when the building was constructed, giving it more floor area. In return, landlord was required to provide 24-hour public access to all areas of the plaza. Landlord had installed a four-foot high wrought iron fence around the entire plaza area. The fence separated the sidewalk from a garden area of the plaza. The fence had no gates and neither the fence nor any gate blocked access at any time from the sidewalk to the plaza walkways. The ALJ ruled against landlord and fined it $2,500.
Landlord appealed, claiming that the fencing had openings that allowed for walkway access to the property. Landlord claimed that the fencing and adjoining plant beds were permitted. ECB ruled against landlord. The Zoning Resolution requires that the plaza be unobstructed from its lowest level to the sky. The law permits railings if they are no taller than 3 feet 8 inches. Even if the fence could be considered a railing, it was too tall. And the fence was used as a barrier between the sidewalk and the garden area of the plaza.

733 Tenants Corp.: ECB App. No. 41202 (6/26/08) [3-pg. doc.]