2017-98-BZ CEQR #17-BSA-110M APPLICANT – Rothkrug Rothkrug & Spector LLP, for Riverside Center Parcel 2 BIT Associates, LLC, owner; SoulCycle 21 West End Avenue, LLC, lessee. SUBJECT – Application March 29, 2017 – Special Permit (§73-36) to operate a physical culture establishment (SoulCycle) within an existing building. C4-7 zoning district. PREMISES AFFECTED – 21 West End Avenue, Block 1171, Lot 164, 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 Sheta and Commissioner Scibetta………4 Negative: ………………………………………………0 Absent: Commissioner Ottley-Brown……………...…1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated June 20, 2017, acting on DOB Application No. 121324717, reads in pertinent part: Proposed Physical Culture or Health Establishment in Zoning District C4-7 is not permitted as of right. A special permit is required from the Board of Standards and Appeals as per ZR 32-10, ZR 73-36; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C4-7 zoning district, a physical culture establishment (“PCE”) on a portion of the first floor of an existing 45- story plus cellar and mezzanine mixed-use residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on January 15, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Community Board 7, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the southwest corner of West End Avenue and West 61st Street, within a C4-7 zoning district, in Manhattan; and WHEREAS, the site has approximately 260 feet of frontage, 333 feet of depth, 83,139 square feet of lot area, and is occupied by a 45-story plus cellar and mezzanine mixed-use residential and commercial 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: 2017-98-BZ CEQR #17-BSA-110M 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 3,801 square feet of floor area on the first floor with a spin cycling studio, reception, retail area, lockers, men’s and women’s restrooms with showers, laundry area, storage areas, and an office; and WHEREAS, the applicant represents that the PCE has been in operation since December 2016, as “SoulCycle” with the following hours of operation: Monday through Saturday, 5:30 a.m. to 11:00 p.m.; and, Sunday, 7:00 a.m. to 9:00 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 the PCE is located within an existing building and in an area characterized by mixed-use buildings a
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