When Burgers & Cupcakes opened this winter on W. 23rd St. in Chelsea, people were understandably excited—hopefully more so for the restaurant’s cool pink and orange digs than for the underwhelming food. (Can you say dry mouth? You need a shake with your burger so you can wash down the fat with some fat.) But now the iconic cupcake marking the location is in danger because it’s said to violate pesky city rules. It seems the canopy that supports the 3-foot-tall, $20,000 Styrofoam treat is too close to a fire hydrant, according to the city’s Transportation Department, which regulates sidewalk space. In a wildly creative move, the restaurant’s co-owner Bill Liederman likened the night-light cupcake to the Empire State Building, and was feeling none too firefighter-friendly yesterday when he was ordered to remove it by April 12 or pay a fine up to $2,000. We have one question—can’t they just circumcise the gargantuan canopy so that it only protrudes eight and not fifteen feet according to the regulations?