2017-279-BZ CEQR #18-BSA-042K APPLICANT – Law Office of Jay Goldstein PLLC, for 87 Wythe Holdings LLC, owner; Will Bar LLC, lessee. SUBJECT – Application October 16, 2017– Special Permit (§73-36) to allow the legalization of a physical culture establishment (The Bar Method) on a portion of the second floor of an existing building contrary to ZR §42-10. M1-2 zoning district. 10th Street, Lot 2296, PREMISES AFFECTED – 97 N Lot 4, Borough of Brooklyn. COMMUNITY BOARD #1BK 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 – WHEREAS, the decision of the Borough Commissioner, dated September 28, 2017, acting on Department of Buildings (“DOB”) Application No. 321647063, reads in pertinent part: Proposed physical culture establishment in an M1-2 zoning district is contrary to Zoning Resolution section 42-10 and must be referred to the BSA; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within an M1-2 zoning district, a physical culture establishment (“PCE”) on a portion of the second floor of an existing two-story plus mezzanine commercial building, contrary to ZR § 42-10; and WHEREAS, a public hearing was held on this application on July 24, 2018, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, the Board was in receipt of two (2) form letters in support of this application; and WHEREAS, the subject site is a corner and through lot located on the north side of North 10th Street, bound by Wythe Avenue to the east and North 11th Street to the north, within an M1-2 zoning district in Brooklyn; and WHEREAS, the site has approximately 225 feet of frontage along North 10th Street, 200 feet of frontage along Wythe Avenue, 225 feet of frontage along North 11th Street, 45,000 square feet of lot area and is occupied by several buildings, including a two-story plus mezzanine commercial building in which the subject PCE is located; 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 2017-279-BZ CEQR #18-BSA-042K 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 applicant submitted evidence that the subject PCE occupies 3,131 square feet of floor area on the second floor with two exercise studios, an office, a staff room, locker rooms, and a reception area; and WHEREAS, the applicant represents that the PCE has been in operation since July 2017 as The Bar Method with the following hours of operation: Monday through Sunday, 5:30 a.m. to 9:30 p.m.; 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 because it is located in a

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