2017-286-BZ CEQR #18-BSA-047Q APPLICANT – Eric Palatnik, P.C., for Ditmars Associates LLC, owner; KCOR Ditmas LLC, SUBJECT – Application October 27, 2017 Permit (§73-36) to permit the operation of Culture Establishment (The Rock Health & be located within the cellar level of a proposed story retail building contrary to ZR §32-10. 2A/R5D zoning district. 31st PREMISES AFFECTED – 22-06 Street, 844, Lot 40, Borough of Queens. COMMUNITY BOARD #1Q Granted on ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta..................................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated October 12, 2017, New Building Application No. 421318586, pertinent part: “Respectfully request this application referred to the Board of Standards Appeals for approval of a physical establishment as per ZR 32-31, and permit pursuant to ZR 73.36”; and WHEREAS, this is an application §§ 73-36 and 73-03 to permit, in an R5D zoning district, the operation of a physical establishment on a portion of the first floor a three-story commercial building, contrary § 32-10; and WHEREAS, a public hearing was held application on October 11, 2018, after due publication in The City Record, and then to the same date; and WHEREAS, Community Board recommends approval of this application; and WHEREAS, the subject site is located north side of 31st Street, between 23rd Avenue Ditmars Boulevard, in an R5D (C4-2A) zoning in Queens; and WHEREAS, the subject site has approximately 125 feet of frontage along 31st Street, between and 145 feet of depth, 35,217 square feet of is occupied by a one-story commercial building three-story, with cellar, commercial building; WHEREAS, ZR § 73-36(a) provides 8X, C1-9, C2, C4, C5, C6, C8, M1, Districts, and in certain special districts as the provisions of such special district, the permit physical culture or health establishments defined in Section 12-10 for a term not to years, provided that the following findings (1) that such use is so located as impair the essential character future use or development surrounding area; and (2) that such use contains: (i) one or more of the following regulation size sports facilities: handball courts, basketball 2017-286-BZ CEQR #18-BSA-047Q of floor area on the first floor, including and common lobby, and 11,551 square feet space in the cellar, including a juice bar, gymnasium, locker rooms and restrooms; and WHEREAS, the PCE will operate as Health and Fitness with the following operation: Monday to Friday, 24 hours per Saturday and Sunday, 6:00 a.m. to 10:00 p.m.; WHEREAS, the applicant represents use is consistent with the vibrant commercial which it is located and that the PCE use contained within the envelope of an existing and WHEREAS, in addition, the applicant that sound attenuation measures, including thermal and acoustical insulation and concrete, will be provided within the space disturb other tenants in the building; and WHEREAS, the Board finds that the so located as not to impair the essential character future use or development of the surrounding WHEREAS, the applicant states that the provide facilities for classes, instruction and for physical improvement and weight reduction; WHEREAS, the Board finds that the use is consistent with those eligible pursuant § 73-36(a)(2), for the issuance of the special and WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and the thereof, and issued a report which the deemed to be satisfactory; and WHEREAS, the applicant represents will be fully sprinklered and that an approved alarm—including area smoke detectors, manual stations at each required exist, local audible alarms and connection to an FDNY-approved station—will be installed in the entire PCE WH

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