I think the first isn't a flaw, and the second isn't a flaw in the relevant sense. I think the height is just right because I find it really well proportioned to the area, and I think its stoutness makes the curves look more dramatic. Obviously this contention might reduce to mere opinion. As for the second though, I'm not sure that's a flaw in the relevant sense because, though I suppose this could have been built anywhere, it was built here and I don't think that counts as a design flaw per se.
Especially when you take into consideration the complexities surrounding choosing a location, if this building were built elsewhere we can count on it being designed differently, either because of finances or zoning. In fact, in this pocket of 'lower' Yorkville, developers needn't shoot for height because they can be sure there'll be a market for units that cost more per square foot due to there being fewer of them. I think that adds to the prestige of the area, and is part of its draw. Part of what makes this building attractive to me, in other words, is that it's exclusive (e.g. not tall).