2017-227-BZ CEQR #17-BSA-137M APPLICANT – Sheldon Lobel, P.C., for 313 LLC, owner; Fuelsoul Group LLC dba Orangetheory Fitness, lessee. SUBJECT – Application July 14, 2017 – Special Permit (§73-36) to permit the operation a Physical Cultural Establishment (Orangetheory Fitness) on a portion of the first floor of an existing building contrary to ZR §32-10. C6-4M Special Garment Center District. 37th PREMISES AFFECTED – 313-321 West Street, Block 761, Lot 22, Borough of Manhattan. COMMUNITY BOARD #4M 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 Department of Buildings (“DOB”), dated June 20, 2017, acting on Alteration Application No. 122898926, reads in pertinent part: “Proposed Physical Culture Establishment . . . is not permitted as of right . . . and is contrary to ZR 32-10”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, in a C6-4M zoning district and the Special Garment Center District, the legalization of a physical culture establishment (“PCE”) on the first floor, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on October 31, 2017, after due notice by publication in The City Register, and then to decision on January 9, 2018; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application, stating that it believes the PCE constitutes a well-run operation with minimal or no disturbance to the neighborhood and to the residential portion of the building within which the PCE is located; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the north side of West 37th Street, between Eighth Avenue and Ninth Avenue, in a C6-4M zoning district and the Special Garment Center District, in Manhattan; and WHEREAS, the site has approximately 100 feet of frontage along West 37th Street, 99 feet of depth, 9,875 square feet of lot area and is occupied by a nine- 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 2017-227-BZ CEQR #17-BSA-137M 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 4,053 square feet of floor area on the first floor as follows: a lobby, reception area, office, changing rooms, toilets, showers, closets, and a fitness studio with treadmills and other exercise equipment; and WHEREAS, the PCE has been in operation since October 13, 2017, as Orangetheory Fitness with the following hours of operation: 5:00 a.m. to 9:00 p.m., Monday through Thursday, 5:00 a.m. to 8:00 p.m., Friday, 7:00 a.m. to 1:00 p.m., Saturday, and 8:00 a.m. to 2:00 p.m., Sunday; and WHEREAS, the applicant represents that the PCE use will neither impair the essential character nor the future use or development of the surrounding area beca

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