2018-101-BZ CEQR #18-BSA-145M APPLICANT – Kenneth K. Lowenstein, for Riverside Center Parcel 2 BIT Associates, LLC., owner; Central Rock Gym, lessee. SUBJECT – Application June 27, 2018 – Special Permit (§73-36) to permit the operation of a Physical Culture Establishment (Central Rock Gym) to occupy portions of the cellar and ground floor of an existing 45-story condominium building contrary to ZR §32-10. C4-7 zoning district. PREMISES AFFECTED – 21 West End Avenue, Block 1171, Lot 164, Borough of Manhattan. COMMUNITY BOARD #7M Application granted on ACTION OF THE BOARD – condition. 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 June 7, 2017, acting on DOB Application No. 121324717, reads in pertinent part: Proposed physical culture or health establishment in zoning district C4-7 is not permitted as of right. A special permit is required from the Board of Standards and Appeals as per ZR 32-10, ZR 73-36; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C4-7 zoning district, a physical culture establishment (“PCE”) on portions of the cellar level and first floor of an existing 45-story plus cellar and mezzanine mixed- use residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on November 8, 2018, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, the Board was in receipt of one letter in support of this application; and WHEREAS, Community Board 7, Manhattan, recommends approval of this application; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the subject site and surrounding neighborhood; and WHEREAS, the subject site is located on the southwest corner of West End Avenue and West 61st Street, within a C4-7 zoning district, in Manhattan; and WHEREAS, the site has approximately 260 feet of frontage along West End Avenue, 308 feet of frontage along West 61st Street, and is occupied by a 45-story plus cellar and mezzanine mixed-use residential and commercial building, in which the subject PCE is located; and WHEREAS, ZR § 73-36(a) provides that in C1- 2018-101-BZ CEQR #18-BSA-145M satisfactory; and (2) the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and 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 applicant submitted evidence that the subject PCE occupies 1,157 square feet of floor area on the first floor with a reception area, and 9,243 square feet of floor space on the cellar level with a climbing gymnasium area, fitness area, restrooms, changing area, and mechanical areas; and WHEREAS, the applicant represents that the PCE has been in ope

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