2018-119-BZ CEQR #19-BSA-013K APPLICANT – Rothkrug Rothkrug & Spector 4th 8701 Avenue LLC, owner. SUBJECT – Application July 17, 2018 Permit (§73-36) to permit the operation of cultural establishment (Dolphin Fitness) to on a portion of the first floor and the entirety second floor of a commercial building contrary §32-10. C4-2A Special Bay Ridge District. 4th PREMISES AFFECTED – 8701 Avenue, 6050, Lot 8, Borough of Brooklyn. COMMUNITY BOARD #10BK Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Sheta and Commissioner Scibetta………4 Negative: ………………………………………………0 Absent: Commissioner Ottley-Brown………………1 THE RESOLUTION – WHEREAS, the decision of the Commissioner, dated July 10, 2018, Department of Buildings (“DOB”) Application 321171307, reads in pertinent part: Proposed physical culture establishment not permitted as-of-right in a C4-2A district per ZR Section 32-10 and therefore requires a ZR Section 73-36 special from the Board of Standards and Appeals; and WHEREAS, this is an application under 73-36 and 73-03 to permit, on a site located C4-2A zoning district and in the Special District, a physical culture establishment portions of the first and second floors of two- (2) story plus cellar commercial building, to ZR § 32-10; and WHEREAS, a public hearing was held application on January 8, 2018, after due publication in The City Record, with a hearing on January 15, 2019, and then to that same date; and WHEREAS, Community Board 10, recommends approval of this application; WHEREAS, Commissioner Ottley-Brown Commissioner Scibetta performed inspections subject site and surrounding neighborhood; WHEREAS, the subject site is located southeast corner of 4th Avenue and 87th Street, 2A zoning district and in the Special District, in Brooklyn; and WHEREAS, the site has approximately of frontage on 4th Avenue, 122 feet of frontage Street, 10,920 square feet of lot area, and by a two- (2) story plus cellar commercial building; WHEREAS, the Board has exercised over tax lot 8 since February 5, 2008, when, Cal. No. 152-07-BZ, the Board issued a special to legalize the operation of a PCE on condition work substantially conform to plans filed application; the term of the grant expire on 2018-119-BZ CEQR #19-BSA-013K Districts, and in certain special districts as the provisions of such special district, the permit physical culture or health establishments defined in Section 12-10 for a term not to years, provided that the following findings (1) that such use1 is so located as impair the essential character future use or development surrounding area; and (2) that such use contains: (i) one or more of the following regulation size sports facilities: handball courts, basketball squash courts, paddleball racketball [sic] courts, tennis or (ii) a swimming pool of a minimum 1,500 square feet; or (iii) facilities for classes, instruction programs for physical improvement, body building, weight reduction, aerobics martial arts; or (iv) facilities for practice of massage New York State licensed masseurs or masseuses. Therapeutic or relaxation services may provided only as accessory to programmed facilities as described in paragraphs (a)(2)(i) through (a)(2)(iv) of this Section; and WHEREAS, ZR § 73-36(b) sets forth findings that must be made where a physical health establishment is located on the commercial building or the commercial portion mixed building in certain commercial districts; WHEREAS, because no portion of PCE is located on the roof of a commercial the commercial portion of a mixed building, additional findings set forth in ZR § 73-36(b) be made or addressed; and WHEREAS, ZR § 73-36(c) provides special permit shall be issued unless: (1) the Board shall have referred application to the Department Investigation for a background check the owner, operator and all principals having an interest in any application filed under a partnership or corporate name and shall have receiv

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