2016-4254-BZ CEQR #17-BSA-020M APPLICANT – Mango & Lacoviello, LLP, for Central Harlem Plaza Commercial Unit, LLC, owner; Infitme LLC, lessee. SUBJECT – Application September 15, 2016 – Special Permit (§73-36) to permit the legalization of a physical culture establishment (I Love Kickboxing) on a portion of the first floor of an existing building. C4-5X zoning district. PREMISES AFFECTED – 120 Lenox Avenue a/k/a 47 116th Street, Block 1600, Lot 7501, Borough of West Manhattan. COMMUNITY BOARD #10M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Montanez……………………………………………….4 Negative: .........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated August 30, 2016, acting on Alteration Application No. 122704733, reads in pertinent part: “ZR 32-10, ZR 73-36: Proposed use as a physical culture establishment, as defined by ZR 12-10, is contrary to ZR 32-10 and must be referred to the Board of Standards and Appeals for approval pursuant to ZR 73-36”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, in a C4-5X zoning district, a physical culture establishment (“PCE”) located on a portion of the first floor of an 11-story mixed-use commercial and residential building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on May 16, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 10, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the east side of Lenox Avenue, between West 117th Street and West 116th Street, in a C4-5X zoning district, in Manhattan; and WHEREAS, the site has approximately 202 feet of frontage along Lenox Avenue, 450 feet of frontage along West 117th Street, 350 feet of frontage along West 116th Street, 80,731 square feet of lot area and is occupied by an 11-story, with cellar, mixed-use commercial and residential building; and WHEREAS, ZR § 73-36(a) provides that in C1- 2016-4254-BZ CEQR #17-BSA-020M Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and WHEREAS, the Board notes that pursuant to ZR § 73-04, it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the subject PCE occupies 3,002 square feet of floor area on the first floor, consisting of a lobby with reception desk, training floor with floor- mounted boxing bags, locker rooms, toilets, a break room and storage space; and WHEREAS, the PCE has been in operation as I Love Kickboxing since March 15, 2016; and WHEREAS, the facility operates Monday through Friday, 6:00 a.m. to 10:00 p.m., and Saturday and Sunday, 9:00 a.m. to 3:00 p.m.; and WHEREAS, the applicant represents that the PCE is entirely contained within the existing building in an area characterized by a mix of commercial and residential uses and that the PCE has not attracted significant additional t

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