CB2 rejects sidewalk platform proposal for Kiko NYC over ADA and easement concerns

Kiko NYC sought approval for a three‑table, six‑seat sidewalk cafe built on a raised platform that the applicant said was part of the landlord's facade and that DOT had conditionally approved. Board members and Chair Donna Raftery pushed back, saying DOT's conditional approval does not amount to an affirmation of ADA compliance and that the dining‑out rules require the sidewalk cafe to be "level with the adjacent sidewalk." (Chair Donna Raftery).

The applicant's representative said DOT told them the platform could be approved as part of the facade and asserted the arrangement was ADA accessible because staff demonstrated an interior turning path. Board members disagreed. "The rules are very clear that there shouldn't be a platform," Raftery said, and members asked the applicant to provide the DOT conditional approval in writing and to demonstrate an easement or other legal basis if the platform overlapped public property.

Committee members worried that a removable ramp or other temporary measures would not satisfy the standards for a newly created accessible outdoor dining space. One member noted DOT explicitly told applicants they do not certify ADA compliance and that responsibility ultimately rests with property owners and operators. The committee signaled it would deny platform proposals that require exceptions and asked the applicant to return with clear documentation of DOT's position and the legal property status of the platform.

Next steps: applicant to provide written DOT conditional approval and documentation clarifying whether the platform sits on private property (landlord facade) or public property/easement, and how ADA circulation will be maintained without removable ramps.