127-04-BZ CEQR#04-BSA-142K APPLICANT - Eric Palatnik, P.C., for Abraham Leser, owner; Absolute Power and Fitness, lessee. SUBJECT - Application March 10, 2004 - under Z.R.§73-36 the legalization of an existing physical culture establishment, located on the fourth floor of a four story building, situated in a C4-3 zoning district. PREMISES AFFECTED - 5313/23 Fifth Avenue, between 53rd and 54th Streets, Block 816, Lot 1, Borough of Brooklyn. COMMUNITY BOARD #7BK APPEARANCES - For Applicant: Eric Palatnik ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chair Srinivasan, Commissioner Miele, and Commissioner Chin.............................................3 Negative:....................................................................0 Absent: Vice-Chair Babbar........................................1 THE RESOLUTION - WHEREAS, the decision of the Brooklyn Borough Commissioner dated February 26, 2004, acting on Department of Buildings Application No. 301366590, reads: “Legalization of existing Physical Culture Establishment requires BSA approval as per ZR 73-36”; and WHEREAS, a public hearing was held on this application on May 10, 2005 after due notice by publication in The City Record, and then to decision on June 7, 2005; and WHEREAS, Community Board No. 7, Brooklyn, recommends approval of this application; and WHEREAS, this is an application under Z.R. §§ 73-36 and 73-03, to permit, within a C4-3 zoning district, a Physical Culture Establishment (“PCE”) on the fourth floor of an existing four-story commercial building; and WHEREAS, the site was previously the subject of a BSA variance granted under Calendar No. 249- 25-BZ, which permitted the erection of a commercial building that was partially within a residence district; and WHEREAS, the site is currently occupied by a four-story commercial building; and WHEREAS, the PCE occupies approximately 9,830 square feet of floor area on the fourth floor of the building; and WHEREAS, the PCE has been in operation since August of 2002; and WHEREAS, the applicant states that the PCE has facilities for classes, instruction and programs for physical improvement, bodybuilding, weight reduction, martial arts and/or aerobics; and WHEREAS, the hours of operation are as follow: 5 AM to 12 PM Monday through Thursday, 5 127-04-BZ CEQR#04-BSA-142K Establishment on the fourth floor of an existing four- story commercial building; on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received May 23, 2005”-(1) sheets; and on further condition: THAT this grant shall be limited to a term of eight years from June 7, 2005, expiring June 7, 2013; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT the hours of operation shall be limited to: 5 AM to 12 PM Monday through Thursday, 5 AM to 10 PM on Friday, and 8 AM to 8 PM on Saturday and Sunday; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT all fire safety measures indicated on the BSA-approved plans shall be installed and maintained; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, June 7, 2005. A true copy of resolution adopted by the Board of Standards Printed in Bulletin Nos. 25-2

… (truncated, full text in PDF)