The site for the skyscraper forms an L-shape, wrapping around several existing buildings and fronting both Third Avenue and 88th Street. Last year the developer carved out a lot measuring four by twenty-two feet on the development’s 88th Street front. Doing so allowed the owner to avoid strict zoning requirements, including height limits for narrow buildings between two low-rise buildings. The move also allowed the owner to designate space on the side facing 88th Street as a required rear yard, when in practice it would serve as an entrance to the skyscraper. The Department of Buildings approved the carve-out.
In May 2016, after construction had begun, the scheme came to the notice of Council Member Ben Kallos who, with Manhattan Borough President Gale Brewer, requestedthat Buildings immediately stop construction at the site for a review. Together, they called the 88 square-foot lot “the smallest created in modern times” and “unbuildable” with “no legitimate purpose.” Buildings stopped construction at the site shortly after.
Working with the City, the developer proposed increasing the carved out lot to ten by twenty-two feet. On October 27, 2016, Buildings approved the increased size, stating that the agency considered the now larger lot “developable.”