2016-4270-BZ CEQR #17-BSA-028K APPLICANT – Sheldon Lobel, P.C., for 540 Fifth Avenue Corp., owner. SUBJECT – Application October 12, 2016 – Special Permit (§73-36) to permit the operation of a physical culture establishment (iLoveKickboxing) in the cellar and first floor of an existing building. C4-3A zoning district. 5th Avenue, Block PREMISES AFFECTED – 540 1041, Lot 41, Borough of Brooklyn. COMMUNITY BOARD #6BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown............................................3 Negative: ..........................................................................0 Abstain: Commissioner Sheta…………………………1 WHEREAS, the decision of the Department of Buildings (“DOB”), dated February 2, 2017, acting on Alteration Application No. 321400453, reads in pertinent part: “Proposed physical culture establishment on first floor and cellar spaces is not as of right as per ZR 32-10 except by special permit as per ZR 73-36”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, in a C4-3A zoning district, the operation of a physical culture establishment (“PCE”) in the cellar and on the first floor of a five-story, with cellar, mixed-use residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on August 8, 2017, after due notice by publication in The City Record, and then to decision on October 17, 2017; and WHEREAS, Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and former Commissioner Montanez performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 6, Brooklyn, waives its recommendation for this application; and WHEREAS, the subject site is located on the west side of 5th Avenue, between 14th Street and 15th Street, in a C4-3A zoning district, in Brooklyn; and WHEREAS, the site has approximately 25 feet of frontage along 5th Avenue, 98 feet of depth, 2,447 square feet of lot area and is occupied by a five-story, with cellar, mixed-use residential and 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 years, provided that the following findings are made: 2016-4270-BZ CEQR #17-BSA-028K 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 3,873 square feet of floor space as follows: 2,000 square feet of floor area on the first floor, including a reception area, seating area, shop, restroom and mat area, and 1,874 square feet of floor space in the cellar, used for a lower lobby, locker rooms, coffee, restrooms and storage; and WHEREAS, the PCE has operated as iLoveKickboxing.com since April 2017 with the following hours of operation: Monday through Friday, 6:00 a.m. to 9:00 p.m., Saturday, 9:00 a.m. to 2:00 p.m., and Sunday, 9:30 a.m. to 12:00 p.m.; and WHEREAS, the applicant represents that the PCE use will not impair the essential character or the future use or development of the surrounding area beca

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