2017-101-BZ APPLICANT – Carl A. Sulfaro, Esq., for M & R Rockaway, LLC, owner; Burn Fitness 247, LLC, lessee. SUBJECT – Application April 5, 2017 – Special Permit (§73-36) to permit a physical culture establishment (Burn Fitness) within an existing commercial building. C2-3/R5D zoning district. PREMISES AFFECTED – 104-06 Rockaway Beach Boulevard, Block 16176, Lot 001, Borough of Queens. COMMUNITY BOARD #14Q Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta………………….………….…5 Negative:……………………………….…..…………0 THE RESOLUTION – WHERESA, the decision of the Department of Buildings (“DOB”), dated November 28, 2017, acting on Alteration Application No. 421413848, reads in pertinent part: “The proposal to occupy the premises as a Physical Culture Establishment . . . is contrary to Section 32-10 ZR”; and WHERESA, this is an application under ZR §§ 73-36 and 73-03 to permit, in an R5D (C2-3) zoning district, the legalization of a physical culture establishment on a portion of the first floor of the subject building, contrary to ZR § 32-10; and WHERESA, a public hearing was held on this application on December 11, 2018, after due notice by publication in The City Record, and then to decision on January 8, 2019; and WHERESA, Community Board 14, Queens, recommends approval of this application; and WHERESA, the subject site is located on the northeast corner of Rockaway Beach Boulevard and Beach 105th Street, in an R5D (C2-3) zoning district, in Queens; and WHERESA, the subject site has approximately 415 feet of frontage along Rockaway Beach Boulevard, 155 feet of frontage along Beach 105th Street, 64,352 square feet of lot area and is occupied by a one-story mixed-use commercial and community-facility building; and WHERESA, the Board has exercised jurisdiction over the subject site since April 24, 2001, when, under BSA Calendar Number 252-00-BZ, the Board granted a special permit to allow the operation of a PCE within a portion of the first floor of the subject building for a term of ten (10) years, expiring April 24, 2011, on condition that there be no change in ownership or operating control of the PCE without prior application to and approval from the Board, that the hours of operation of the PCE be limited to Monday to Friday, 5:30 a.m. to 11:00 p.m., and Saturday and Sunday, 6:30 a.m. to 8:00 p.m., that fire-protection measures, 2017-101-BZ from the Department of Investigation which the Board shall determine to be satisfactory; and (2) the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.; and WHERESA, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and WHERESA, 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 WHERESA, 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 WHERESA, the subject PCE occupies 5,807 square feet of floor space on the first floor, including a reception area, group fitness and aerobics areas, a cardiovascular fitness area, a free-weights training area, locker rooms and restrooms and accessory offices; and WHERESA, the PCE has bee

… (truncated, full text in PDF)