2017-44-BZ CEQR #17-BSA-089M APPLICANT – Sheldon Lobel, P.C., for Hong Diep Realty Incorporated; owner; LCAT Ventures, LLC, lessee. SUBJECT – Application February 14, 2017 – Special Permit (§73-36) to permit the legalization of the operation of a physical culture establishment (F45 Training Flatiron) in the cellar and ground floors of an existing building contrary to ZR §32-31. C6-3A zoning district. 20th PREMISES AFFECTED – 123 West Street, Block 796, Lot 23, Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta.............................................................................4 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated May 6, 2016, acting on Alteration Application No. 123000019, reads in pertinent part: “Proposed Physical Culture Establishment . . . is contrary to ZR 32-10”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, in a C6-3A zoning district, the legalization of a physical culture establishment (“PCE”) on the first floor and cellar, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on January 9, 2018, after due notice by publication in The City Register, and then to decision on the same date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the subject site and surrounding neighborhood; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application, stating that the PCE is a well-run operation with minimal or no disturbance to the neighborhood and to the rest of the building in which it is located; and WHEREAS, the subject site is located on the north side of West 20th Street, between Sixth Avenue and Seventh Avenue, in a C6-3A zoning district, in Manhattan; and WHEREAS, the subject site has approximately 46 feet of frontage along West 20th Street, 92 feet of depth, 4,206 square feet of lot area and is occupied by a five-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 2017-44-BZ CEQR #17-BSA-089M § 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 a total of 3,023 square feet of floor space as follows: 1,710 square feet of floor area on the first floor, including a check-in area, fitness area with sleds, benches and other exercise equipment and a bathroom, and 1,313 square feet of floor space in the cellar, featuring locker rooms with restrooms, storage and a mechanical room; and WHEREAS, the PCE has been in operation since March 2017 as F45 Training Flatiron with the following hours of operation: 5:00 a.m. to 9:00 p.m., Monday through Friday, 9:00 a.m. to 4:00 p.m., Saturday, and 10:00 a.m. to 12:00 p.m., Sunday; and WHEREAS, the applicant represents that the PCE use is located entirely within an existing mixed-use building and consistent with the commercial c

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