2019-8-BZ CEQR #19-BSA-071X APPLICANT – Rothkrug Rothkrug & Spector LLP, for Fordec Realty Corp., owner; Blink Jerome Avenue Inc., lessee. SUBJECT – Application January 11, 2019 – Special Permit (§73-36) to permit the operation of a physical culture establishment (Blink Fitness) on a portion of the first and the entire second floor of an existing building contrary to ZR §32-10. C8-2 zoning district. PREMISES AFFECTED – 3000 Jerome Avenue, Block 3321, Lot 9, Borough of Bronx. COMMUNITY BOARD #7BX – 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 Borough Commissioner, dated December 20, 2018, acting on Department of Buildings (“DOB”) Application No. 220664181, reads in pertinent part: Proposed Physical Culture establishment in C8-2 Zoning district is contrary to section 32-10 ZR and requires a special permit from BSA (73-36); and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, on a site located within a C8-2 zoning district, a physical culture establishment (“PCE”) on portions of the first floor and second floor of a proposed 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 7, the Bronx, waived its recommendation 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 east side of Jerome Avenue, between Bedford Park Boulevard and East 204th Street, within a C8-2 zoning district, in the Bronx; and WHEREAS, the site has approximately 100 feet of frontage along Jerome Avenue, 100 feet of depth, 10,000 square feet of lot area and is under construction of a proposed two- (2) story plus cellar 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 2019-8-BZ CEQR #19-BSA-071X 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 proposed PCE will occupy 5,000 square feet of floor area on the first floor with the PCE entrance, men’s and women’s locker rooms with bathrooms and showers, an exercise area, offices and storage; and 10,000 square feet of floor area on the second floor with exercise areas and exercise machines and office space; and WHEREAS, the PCE is proposed to operate as “Blink Fitness,” 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
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