2018-174-BZ CEQR #19-BSA-056M APPLICANT – Rothkrug Rothkrug & Spector LLP, for 3rd A & L 1440, LLC, owner; 305 Fitness Studio Avenue LLC, lessee. SUBJECT – Application November 13, 2018 – Special Permit (§73-36) to permit the operation of a Physical Culture Establishment (305 Fitness) to occupy the cellar, first and second floors of an existing two-story building contrary to ZR §32-10. C1-9R8B zoning district. 3rd Avenue, Block PREMISES AFFECTED – 1440 1510, Lot 38, Borough of Manhattan. COMMUNITY BOARD #8M – 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 Deputy Borough Commissioner, dated October 10, 2018, acting on Department of Buildings (“DOB”) Application No. 123376444, reads in pertinent part: Proposed Physical Culture Establishment is not […] permitted as-of-right per ZR 32-31. Secure BSA’s approval per ZR 73-36; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located partially within a C1-9 zoning district and partially within an R8B zoning district, a physical culture establishment (“PCE”) on portions of the cellar level, first floor and second floor of an existing two- (2) story plus cellar commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on April 23, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Community Board 8, Manhattan, recommends approval of this application; and WHEREAS, the Board was in receipt of one (1) form letter in support of this application; and WHEREAS, the subject site is located on the west side of Third Avenue, between East 81st Street and East 82nd Street, partially within a C1-9 zoning district and partially within an R8B zoning district, in Manhattan; and WHEREAS, the site has approximately 26 feet of frontage along Third Avenue, 102 feet of depth, 2,609 square feet of lot area and is occupied by a two- (2) story plus cellar commercial building; and WHEREAS, the applicant represents that the subject lot extends approximately two (2) feet into the R8B zoning district and the PCE is located entirely within the C1-9 portion of the subject site; and WHEREAS, ZR § 73-36(a) provides that in C1- 2018-174-BZ CEQR #19-BSA-056M each of the findings required by this Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and 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 represents that the PCE occupies 810 square feet of floor space in the cellar with storage space; 2,350 square feet of floor area on the first floor with the PCE entrance, reception area, DJ booth, exercise studio and restroom; and, 905 square feet of floor area on the second floor with men’s and women’s restrooms, lockers, a waiting space and an office; and WHEREAS, the PCE opened in

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