2018-50-BZ CEQR #18-BSA-120M APPLICANT – Eric Palatnik, P.C., Strategic Venture LLC, owner; EPOC Fitness Inc., lessee. SUBJECT – Application April 6, 2018 (§73-36) to permit the operation of Physical Establishment (Orange Theory Fitness) cellar of a commercial building contrary C6-4.5 (Special Midtown District). 45th PREMISES AFFECTED – 45 West 1261, Lot 16, Borough of Manhattan. COMMUNITY BOARD #5M Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, and Sheta…………………………………………………...4 Negative........................................................................0 Absent: Commissioner Scibetta……………………….1 THE RESOLUTION – WHEREAS, the decision of the Buildings (“DOB”), dated March 15, Alteration Application No. 122760119, pertinent part: “Proposed ‘Physical Culture Establishment’ is not permitted As-Of-Right as ZR 32-10”; and WHEREAS, this is an application §§ 73-36 and 73-03 to permit, in a district and the Special Midtown District, of a physical culture establishment on first floor and cellar of the subject building, ZR § 32-10; and WHEREAS, a public hearing was application on August 21, 2018, after publication in The City Record, and then August 21, 2018; and WHEREAS, Community Board waives its recommendation for this application; WHEREAS, the subject site is north side of West 45th Street, between and Fifth Avenue, in a C6-4.5zoning Special Midtown District, in Manhattan; WHEREAS, the subject site has approximately feet of frontage along West 45th Street, depth, 8,158 square feet of lot area and 16-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 the provisions of such special district, permit physical culture or health establishments defined in Section 12-10 for a term not years, provided that the following findings (1) that such use is so located impair the essential character future use or development surrounding area; and (2) that such use contains: (i) one or more of the regulation size sports handball courts, basketball squash courts, paddleball 2018-50-BZ CEQR #18-BSA-120M available; and WHEREAS, the subject PCE entrance on the first floor and will occupy feet of floor space in the cellar, including fitness studio, restrooms and showers; WHEREAS, the PCE will operate Theory Fitness, with the following hours Monday to Friday, 6:00 a.m. to 10:00 Saturday and Sunday, 8:00 a.m. to 12:00 WHEREAS, the applicant represents use is consistent with the vibrant commercial which it is located, that the PCE use is within the envelope of an existing building subject site has pedestrian access to facilities within the vicinity; and WHEREAS, in addition, the applicant that sound attenuation measures will be the space so as to not disturb other building; and WHEREAS, the Board finds that so located as not to impair the essential future use or development of the surrounding WHEREAS, the applicant states that provide facilities for classes, instruction for physical improvement and weight reduction; WHEREAS, the Board finds that use is consistent with those eligible pursuant 73-36(a)(2), for the issuance of the special WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and thereof, and issued a report which deemed to be satisfactory; and WHEREAS, the applicant represents will be fully sprinklered and that an alarm—including area smoke detectors, stations at each required exist, local audible alarms and connection to an FDNY-approved station—will be installed in the entire PCE WHEREAS, by letter dated August Fire Department represents that it has this application; and WHEREAS, the Board finds that, conditions and safeguards imposed, disadvantage to the community at large proposed special permit use is outweighed advantages to be derived by the community no adverse effect on the privacy, qu

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