2017-151-BZ CEQR #17-BSA-124M APPLICANT – Law Office of Jay Goldstein, for AC Bowery Owner LLC, owner; Grand Unicorn Experiment, lessee. SUBJECT – Application May 18, 2017 – Special Permit (§73-36) to permit the legalization of physical culture establishment (Grand Unicorn Experiment) on the cellar and first floors of an existing commercial building contrary to ZR §32-10. C6-1G zoning district. PREMISES AFFECTED – 161 Bowery, Block 424, Lot 6, Borough of Manhattan. COMMUNITY BOARD #3M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta..............................................................................4 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Chief Plan Examiner of the Manhattan Borough Office of the Department of Buildings (“DOB”), dated April 19, 2017, acting on DOB Application No. 123076027, reads in pertinent part: Proposed use of portion of cellar and first floor as a Physical Culture Establishment (PCE) is not permitted as of right in C6-1G Zoning District and is contrary to ZR Section 32-10 . . . .; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C6- 1G zoning district, a physical culture establishment (“PCE”) in portions of the cellar and first floor levels of an existing seven-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on November 21, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHERAS, Community Board 3, Manhattan, waived its recommendation for this application; and WHEREAS, the subject site is located on the east side of Bower, between Delancey Street and Broome Street, in a C6-1G zoning district, in Manhattan; and WHEREAS, the site has approximately 23 feet of frontage along Bowery, a depth of 114 feet along the southern lot line and a depth of 115 feet along the northern lot line, 2,670 square feet of lot area and is occupied by a seven-story plus cellar commercial building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board may permit physical culture or health establishments as defined in Section 12-10 for a term not to exceed ten years, provided that the following findings are made: 2017-151-BZ CEQR #17-BSA-124M 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 1,782 square feet of floor area on the first floor with an exercise studio, locker area and retail space, and 1,842 square feet of floor space in the cellar of the subject building containing a second open exercise studios, bathrooms, showers and office space; and WHEREAS, the PCE has been in operation as Mark Fisher Fitness Bowery since November 2016 with the following hours of operation: Monday through Friday, 6:00 a.m. to 10:00 p.m., and Saturday through Sunday 7:00 a.m. to 6:00 p.m.; and WHEREAS, the applicant represents that the PCE use will neither impair the essential nor future use or development of the surrounding area because it is of limited size, loca

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