2018-34-BZ CEQR #18-BSA-107Q APPLICANT – Rothkrug Rothkrug & Spector LLP, for 102 Metro, LLC, owner; Sedona Fitness, lessee. SUBJECT – Application March 6, 2018 – Special Permit (§73-36) to permit the operation of physical cultural establishment (Sedona Fitness) to be located on portions of the cellar, first floor and the entirety of the second floor of an existing building contrary ZR §32- 10. C2-3/R3A zoning district. PREMISES AFFECTED – 102-02 Metropolitan Avenue, Block 3900, Lot(s) 1 & 5, Borough of Queens. COMMUNITY BOARD #6Q 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 Department of Buildings (“DOB”), dated February 1, 2018, acting on DOB Application No. 421481284, reads in pertinent part: ZR 32-00 & ZR 73-36 – Proposed physical culture establishment (PCE) is not permitted as of right as per ZR 73-36. Provide BSA Approval; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located partially within an R3-2 (C2-3) zoning district and partially within an R3A zoning district, a physical culture establishment (“PCE”) on portions of the cellar level, first 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, with a continued hearing on June 16, 2019, and then to decision on that same date; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, the Board was in receipt of one (1) form letter in support of the subject application; and WHEREAS, the subject site is located on the southeast corner of Metropolitan Avenue and 71st Avenue, partially within an R3-2 (C2-3) zoning district and partially within an R3A zoning district, in Queens, and is occupied by an existing two- (2) story plus cellar commercial building; and WHEREAS, while the subject site is located partially within an R3A zoning district where the subject special permit is not available, the entirety of the PCE exists within the R3-2 (C2-3) portion of the site; and WHEREAS, ZR § 73-36(a) provides that in C1- 2018-34-BZ CEQR #18-BSA-107Q (2) the Board, in any resolution granting a special permit, shall have specified how 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 823 square feet of floor space in the cellar level, 904 square feet of floor area on the first floor and 3,617 square feet of floor area on the second floor and includes areas for reception, lockers, restrooms and exercise activities; and WHEREAS, the applicant represents that the PCE began operation in January 2009, as “Sedona Fitness for Women,” and has the follow

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