2016-1-BZ CEQR #16-BSA-063M APPLICANT – Akerman, LLP, for Union Square Associates, LLC, owner; CrossFit Union Square, LLC, lessee. SUBJECT – Application January 4, 2016 – Special Permit (§73-36) to permit a physical culture establishment (fitness center) on a portion of an existing building's ground and cellar floors. C6-1/C6-4 (Special Union Square District) zoning district. PREMISES AFFECTED – 1 Union Square West, Block 842, Lot 21, Borough of Manhattan. COMMUNITY BOARD #2M Granted on condition. ACTION OF THE BOARD – 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 December 2, 2015, acting on Alteration Application No. 121186260, reads in pertinent part: “Proposed change of partial cellar use to a physical cultural or health establishment as defined by ZR 12-10 is contrary to ZR 32- 10”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, partially in a C6-1 zoning district and partially in a C6-4 zoning district, in the Special Union Square District, the legalization of a physical culture establishment on a portion of the first floor and in the cellar of a nine-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on October 11, 2018, after due notice by publication in The City Record, and then to decision on October 11, 2018; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 5, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the northwest corner of Union Square West and East 14th Street, partially in a C6-1 zoning district and partially in a C6-4 zoning district, in the Special Union Square District, in Manhattan; and WHEREAS, the subject site has approximately 52 feet of frontage along Union Square West, 117 feet of frontage along East 14th Street, 6,032 square feet of lot area and is occupied by a nine-story, with 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 2016-1-BZ CEQR #16-BSA-063M 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 subject PCE occupies 6,950 square feet of floor space as follows: 390 square feet of floor area on the first floor, used as an entrance, and 6,560 square feet of floor space in the cellar, including a reception area, fitness area with climbing ropes, pull- up bars and gymnastic rings, restrooms, recovery room and storage; and WHEREAS, the PCE has been in operation as Reebok CrossFit Union Square since January 1, 2015, with the following hours of operation: Monday to Friday, 5:00 a.m. to 9:00 p.m., Saturday, 9:00 a.m. to 12:00 p.m., and closed Sunday; and WHEREAS, the applicant represents that t

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