2017-37-BZ CEQR #17-BSA-082M APPLICANT – Law Office of Jay Goldstein, for Greenhorn Development, LLC, owner; Rumble Fitness LLC, lessee. SUBJECT – Application February 7, 2017 – Special Permit (§73-36) to permit the legalization of the operation of a Physical Cultural Establishment (Rumble Fitness) located in a portion of the first floor and cellar of an existing building contrary to ZR ZR §32-10. C6- 3X zoning district. 23rd Street, Block PREMISES AFFECTED – 142 West 798, Lot 66, Borough of Manhattan. COMMUNITY BOARD #4M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated January 15, 2017, acting on Alteration Application No. 122972417, reads in pertinent part: “Proposed Physical Culture Establishment in C6-3X zoning district is not permitted pursuant to ZR 32-10 and is referred to the Board of Standards and Appeals for special permit under ZR 73-36”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize the operation of a physical culture establishment (“PCE”) on portions of the cellar and first floor of a 13-story mixed-use commercial and residential building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on August 15, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the south side of West 23rd Street, between Seventh Avenue and Sixth Avenue, in a C6-3X zoning district, in Manhattan; and WHEREAS, the site has approximately 75 feet of frontage along West 23rd Street, 99 feet of depth, 7,406 square feet of lot area and is occupied by a 13-story, with cellar, mixed-use commercial and residential 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: (1) that such use is so located as not to 2017-37-BZ CEQR #17-BSA-082M 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 a total of 5,900 square feet of floor space as follows: 4,100 square feet of floor space in the cellar, including a gymnasium area, locker rooms, storage and an office, and 1,800 square feet of floor area on the first floor, used for reception, a private studio and locker area; and WHEREAS, the PCE has been in operation since January 2017 as Rumble Fitness LLC with the following hours of operation: Monday through Friday, 4:45 a.m. to 10:00 p.m., and Saturday and Sunday, 6:30 a.m. to 8:00 p.m.; and WHEREAS, the applicant represents that the PCE use is consistent with the mixed residential and commercial area, which includes commercial office buildings, community facilities, retail stores, restaurants and residences, and that the location of the PCE within the first floor and cellar of the existing building minimizes

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