49-12-BZ APPLICANT – Powerhouse Gym “FLB” Inc., for Laterra, Inc., owner; Powerhous Gym “FLB” Inc., lessee. SUBJECT – Application August 8, 2018 – Extension of Term of a previously approved Special Permit (§73-36) which permitted the operation of a physical culture establishment (Powerhouse Gym) in a portion of an existing one-story commercial building which expired on June 12, 2017; Waiver of the Rules. C2-2R5B zoning district. PREMISES AFFECTED – 34-09 Francis Lewis Boulevard, Block 6077, Lot 1, Borough of Queens. COMMUNITY BOARD #11Q 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, this is an application for waivers of the Board’s Rules of Practice and Procedure, an extension of the term of a special permit previously granted pursuant to ZR § 73-36, which expired on June 19, 2017; and WHEREAS, a public hearing was held on this application on June 25, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 11, Queens, recommends approval of this application; and WHEREAS, the Board was in receipt of one (1) letter from the Auburndale Improvement Association, a civic association within whose boundary lines the subject site is located, stating no objection to the subject application; and WHEREAS, the subject site is located on the northeast corner of Francis Lewis Boulevard and 34th Avenue, in an R5B (C2-2) zoning district, in Queens; and WHEREAS, the site has approximately 101 feet of frontage along Francis Lewis Boulevard, 108 feet of frontage along 34th Avenue, 10,156 square feet of lot area and is occupied by an existing one- (1) story plus cellar commercial building; and WHEREAS, the subject physical culture establishment (“PCE”) is located within portions of the cellar (4,736 square feet of floor space) and first floor (6,239 square feet of floor area) of the existing building; and WHEREAS, the Board has exercised jurisdiction over the subject site since July 22, 1997, when, under BSA Cal. No. 215-96-BZ, the Board granted a special 49-12-BZ substantial prejudice absent a waiver of the Board’s Rules; and WHEREAS, by letter dated June 22, 2019, the Fire Department states that the place of assembly space and the sprinkler system have been inspected and found to be in compliance with the Fire Department’s Rules and Regulations, and the Fire Department has no objection to the Board’s rendering a decision on the subject application, as the Bureau of Fire Prevention will continue to inspect these premises annually; and WHEREAS, pursuant to ZR § 73-03(f), the applicant has satisfactorily demonstrated compliance with the conditions of the previous term and the Board finds that the circumstances warranting the original grant still obtain; and WHEREAS, accordingly, the Board finds that a ten (10) year extension of term is appropriate, with the conditions set forth below. Therefore, it is Resolved, that the Board of Standards and Appeals does hereby waive Rule § 1- 07.3(b)(2) of its Rules of Practice and Procedure and amends the resolution, dated June 19, 2012, so that, as amended, this portion of the resolution reads: “to permit an extension of term for ten (10) years, to expire on June 19, 2027, on condition that the use and operation of the site shall conform to drawings filed with this application marked ‘August 15, 2018’-Four (4) sheets; and on further condition: THAT the term of this grant shall expire on June 19, 2027; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from this Board; THAT minimum three (3) foot wide exit pathways to required ex

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