244-14-BZ CEQR #15-BSA-082M APPLICANT – Eric Palatnik, PC, for Chong Duk Chung, owner. SUBJECT – Application October 9, 2014 – Special Permit (§73-36) to operate a physical culture establishment (K-Town Sauna) within an existing building. C6-4 zoning district. PREMISES AFFECTED – 22 West 32nd Street, 32nd Street between Fifth and Sixth Avenues, Block 00833, Lot 57, Borough of Manhattan. COMMUNITY BOARD #5M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter; Vice-Chair Hinkson, Commissioner Ottley-Brown and Commissioner Montanez……………………………………………….4 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated September 11, 2014, acting on DOB Application No. 121985174, reads, in pertinent part: Proposed change of use to a physical culture establishment as defined by ZR 12-10 is contrary to ZR 32-10 and must be referred to the Board of Standards and Appeals for approval pursuant to ZR 73-36; and WHEREAS, this is an application under ZR §§ 73- 36 and 73-03, to permit, on a site within a C6-4 zoning district, a physical culture establishment (the “PCE”) on the third and fourth floors of a seventeen story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on June 16, 2015, after due notice by publication in the City Record, and then to decision on August 25, 2015; and WHEREAS, Vice-Chair Hinkson and Commissioner Ottley-Brown performed site and neighborhood inspections of the premises and surrounding area; and WHEREAS, Community Board 5, Manhattan, recommends denial of this application; and WHEREAS, the subject site has approximately 75 32nd Street, feet of frontage along the south side of West 5th Avenue, to the east, and Broadway, to the between west, in Manhattan; and WHEREAS, the site contains approximately 7,406 sq. ft. of lot area and is located within a C6-4 zoning district; it is occupied by a seventeen-story commercial building; and WHEREAS, the proposed PCE shall occupy 13,263 sq. ft. of floor area on the third and fourth floors of the subject building; and WHEREAS, the PCE shall operate as K-Town Sauna; and WHEREAS, the PCE will operate 24 hours per day, seven days per week; and 244-14-BZ CEQR #15-BSA-082M prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617 and § 6-07(b) of the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-4 zoning district, a physical culture establishment (the “PCE”) on the third and fourth floors of a seventeen story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received August 6, 2015,” - Seven (7) sheets; and on further condition: THAT the term of the PCE grant shall expire on August 25, 2025; THAT there shall be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT fire safety measures shall be installed and/or maintained as shown on the BSA-approved plans; THAT the above conditions shall appear on the Certificate of Occupancy; THAT all DOB and related agency application(s) filed in connection with the authorized use and/or bulk shall be signed off by DOB and all other relevant agencies by August 25, 2019; THAT this approval is limited to the relief granted by the Board in response to specifically cited DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT DOB must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, and any other rele

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