2017-240-BZ CEQR No. 18-BSA-016M APPLICANT – Troutman Sanders LLP, Rooster Harlem LLC, owner. SUBJECT – Application August 15, 2017 Permit (§73-244) to permit the legalization conversion of the cellar level of an existing drinking establishment without restrictions limitation on entertainment and dancing (UG Rooster Harlem Restaurant located on the cellar C4-4A (Special 125th Street District). PREMISES AFFECTED – 310 Lenox Avenue, 1723, Lot 69, Borough of Manhattan. COMMUNITY BOARD #10M ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, and Commissioner Sheta..............................................................................4 Negative: ......................................................................0 Abstain: Commissioner Scibetta..................................1 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated March 23, 2018, Alteration Application No. 104522508, pertinent part: “The proposed Use Group 12A Eating Drinking Establishment is contrary to Resolution Section 32-21, as it permitted within a C4 zoning district such use is within 100 feet of a Residence District boundary”; and WHEREAS, this is an application §§ 73-244 and 73-03 to permit, in a C4-4A district and the Special 125th Street District, operation of an eating or drinking establishment 100 feet from the boundary of a residential district, contrary to ZR § 32-21; and WHEREAS, a public hearing was held application on February 27, 2018, after due publication in The City Record, with a hearing on March 27, 2018, and then to decision same date; and WHEREAS, Community Board 10, recommends approval of this application; and WHEREAS, the subject site is located southeast corner of Lenox Avenue and Street, in a C4-4A zoning district and the Special Street District, in Manhattan; and WHEREAS, the subject site has approximately 100 feet of frontage along Lenox Avenue, frontage along West 126th Street, 8,493 square lot area and is occupied by a three-story, commercial building; and WHEREAS, ZR § 73-244 provides that: In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the 2017-240-BZ CEQR No. 18-BSA-016M portion of Community District 5, Manhattan, bounded by West 22nd Street, a line 100 west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, line 100 feet east of Sixth Avenue; and WHEREAS, the Board notes that in the foregoing, its determination herein is also and guided by, inter alia, ZR §§ 73-01 through and WHEREAS, as a threshold matter, notes that the site is within the boundaries designated area in which the subject special available; and WHEREAS, the applicant proposes to subject eating or drinking establishment located cellar of the subject building; and WHEREAS, the applicant represents subject eating or drinking establishment operates the following hours of operation: 6:00 p.m. a.m., Thursday, 6:00 p.m. to 4:00 a.m., Saturday, and 10:00 a.m. to 2:00 p.m., Sunday; WHEREAS, the applicant represents occupancy of the cellar level is limited to and that there are two waiting areas with feet of floor space, which is more than the feet required for 200 persons; and WHEREAS, the Board finds that eating or drinking establishment will minimum of four square feet of waiting area zoning lot for each person permitted under the capacity determined by the New York City Code; and WHEREAS, the applicant states that to the cellar level of the subject building is feet from the nearest boundary of a residential district; and WHEREAS, the Board finds that the the subject eating or drinking establishment minimum of 100 feet from the nearest boundary residential zoning district; and WHEREAS, the applicant states that most of the existing eating or drinking establishment first floor of the subject building take transportation or arrive by foot and that the layout of the subject eating or drinking establishment pro

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