2016-4472-BZ CEQR #17-BSA-058Q APPLICANT – Sheldon Lobel, P.C., for Marino 63-12, LLC, owner; Body By Fitness Health Inc., lessee. SUBJECT – Application December 28, Variance (§72-21) to permit the legalization Physical Culture Establishment (Body By within the cellar and first floor of an existing building contrary to ZR §32-10. C1-3/R4 zoning district. PREMISES AFFECTED – 245-01–245-13 Avenue aka 245-13 Jericho Turnpike, Block 8659, 1, Borough of Queens. COMMUNITY BOARD #13Q Application granted ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Sheta Commissioner Scibetta………………………..…….…5 Negative:……………………………………….………0 THE RESOLUTION – WHEREAS, the decision on behalf of the Borough Commissioner of the Department of Buildings (“DOB”), dated December 2, 2016, acting on Application No. 421320305, reads in relevant A physical culture establishment, as defined by ZR 12-10, is not permitted in a C1-3/R4 Zoning district as-of-right pursuant to ZR 10 or by special permit pursuant to ZR 31. Refer to the Board of Standards Appeals for approval; and WHEREAS, this is an application under ZR 21 to legalize, on a site located within an R4 zoning district, the operation of a physical establishment (“PCE”) contrary to ZR § 32-10; WHEREAS, a public hearing was held application on April 10, 2018, after due notice publication in The City Record, with continued on September 13, 2018, and November 20, 2018, then to decision on that date; and WHEREAS, performed inspections of the surrounding neighborhood; and WHEREAS, Community Board 13, recommends approval of this application; and WHEREAS, Queens Borough President, Katz, and New York City Councilmember Barry Grodenchik recommend approval of this application; and WHEREAS, the Board was also in receipt form letters in support of approval of this application; and WHEREAS, the subject site is bound by Avenue to the south, Braddock Avenue southwest, 246th Street to the east and 245th Street the west, within an R4 (C1-3) zoning district, Queens; and WHEREAS, the site has approximately 2016-4472-BZ CEQR #17-BSA-058Q configuration of the space would further frustrate right uses; and WHEREAS, the applicant submits that the has continuously operated at the site since the permit approval in 1994, despite the expiration special permit on July 19, 2004, and the rezoning around June 2013, and provided evidence continuity of use including building management records showing real estate taxes paid by the 1993/1994, 1997/1998 and 2005-2012; correspondence between the PCE and building management from 2002, 2003 and 2004; a page from the October September 2000 Queens Yellow Pages listing subject site address as the location for “American Physique Fitness Club”; certificates of insurance for “American Physique of Bellerose, located at the subject site address, for the policy of May 22, 2000, through May 22, 2001, May 2001, through May 22, 2002; and photographs premises showing the presence of the PCE August 2016 and September 2017; and WHEREAS, with regards to the hardship involved with configuring the space for an as-of-right applicant notes that the cellar portion of the space neither direct access to the street nor windows, the space unappealing to retail tenants as sales because of the lack of visibility; further, the floor located in the cellar is not currently accessible from other commercial unit located in the building, conversion of the PCE space to an as-of-right use require costly renovations; and WHEREAS, in addition, the applicant states the subject building is the only building within feet subject to the 2013 rezoning rendered conforming and, therefore, unique; and WHEREAS, the Board finds that the history the use of the site, in part, as a PCE is a condition that creates unnecessary hardship practical difficulty in developing the conformance with applicable zoning regulations; WHEREAS, in satisfaction of ZR § 72-21(b),

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