2017-50-BZ CEQR #17-BSA-085M APPLICANT – Jay Goldstein, Esq., for 819 Realty Group LLC, owner; Beast Fitness Evolved, lessee. SUBJECT – Application February 21, 2017 – Special Permit (§73-36) to permit the legalization of a Physical Cultural Establishment (Beast Fitness Evolved) in a portion of the cellar first floor of an existing building contrary to ZR §32-10. C4-3A zoning district. 5th Avenue, Block PREMISES AFFECTED – 458 1010, Lot 40, Borough of Brooklyn. COMMUNITY BOARD #6BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated January 25, 2017, acting on Alteration Application No. 320916657, reads in pertinent part: “The proposed additional Cultural Establishment in C4-3A Zoning District is not permitted pursuant to ZR 32-10 and is referred to Board of Standards and Appeals (BSA) for a special permit under ZR 73-36”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, in a C4-3A zoning district, the operation of a physical culture establishment (“PCE”) on portions of the cellar and first floor of a four-story mixed-use commercial and residential building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on August 15, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Community Board 6, Brooklyn, recommends approval of this application; and WHEREAS, the subject site is located on the northwest corner of 5th Avenue and 10th Street, in a C4-3A zoning district, in Brooklyn; and WHEREAS, the site has approximately 50 feet of frontage along 5th Avenue, 96 feet of frontage along 10th Street, 4,788 square feet of lot area and is occupied by a four-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 defined in Section 12-10 for a term not to exceed ten years, provided that the following findings are made: (1) that such use is so located as not to impair the essential character or the 2017-50-BZ CEQR #17-BSA-085M 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 proposed PCE will occupy 3,442 square feet of floor space as follows: 1,676 square feet of floor space in the cellar, including an exercise room, bathrooms with a shower and a business area, and 1,766 square feet of floor area on the first floor, including reception, retail, a bathroom and a training area; and WHEREAS, the PCE will be operated as Beast Fitness with proposed hours of operation of Monday through Friday, 5:00 a.m. to 9:00 p.m., and Saturday and Sunday, 9:00 a.m. to 4:00 p.m.; and WHEREAS, the applicant represents that the PCE is limited in size and wholly contained within the building, reducing its visibility from the street, and that the surrounding area contains a vibrant mixed of commercial, residential and community-facility uses; and WHEREAS, with regards to sound attenuation, the applicant represents that all typical partitions at the studio will be isolated from adjacent structure, that all ceil

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