2017-207-BZ CEQR #17-BSA-140M APPLICANT – Law Offices of Marvin B. Mitzner, LLC, for Ormonde Equities, owner; CorePower Yoga LLC, lessee. SUBJECT – Application June 9, 2017 – Special Permit (§73-36) to permit the legalization of physical culture establishment (CorePower Yoga) on the second floor of an existing building contrary to ZR §32-10. C4- 6A/R8B Upper West Side/Central Park West Historic District. PREMISES AFFECTED – 2030 Broadway, Block 1141, Lot 51, Borough of Manhattan. COMMUNITY BOARD #7M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta .....................................................................................4 Negative.......................................................................0 Absent: Commissioner Scibetta....................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated April 25, 2017, acting on Alteration Application No. 123042340, reads in pertinent part: “The proposed Physical Culture Establishment/Yoga Studio . . . is not permitted use as of right. A special permit is required from the Board of Standards and Appeals as per Section 32-31 . . . and 73-36 of the Zoning Resolutions”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, on a site partially in a C4-6A zoning district and partially in an R8B zoning district, the legalization of a physical culture establishment on portions of the first floor and the second floor of the subject building; and WHEREAS, a public hearing was held on this application on August 21, 2018, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Community Board 7, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the southeast corner of Broadway and West 70th Street, partially in a C4-6A zoning district and partially in an R8B zoning district, in Manhattan; and WHEREAS, the subject site has approximately 113 feet of frontage along Broadway, 146 feet of frontage along West 70th Street, 12,040 square feet of lot area and is occupied by a 12-story, with cellar, mixed-use commercial and residential 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 2017-207-BZ CEQR #17-BSA-140M 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 has an entrance on the first floor and occupies 3,564 square feet of floor area on the second floor, including a reception area, two yoga studios, restrooms and showers; and WHEREAS, the PCE has been in operation as CorePower Yoga since May 23, 2017, with the following hours of operation: Monday to Friday, 5:30 a.m. to 9:30 p.m., and Saturday and Sunday, 7:30 a.m. to 8:00 p.m.; and WHEREAS, the applicant represents that the PCE use is consistent with the vibrant mixed-use area in which it is located, that the PCE use is fully contained within

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