208-13-BZ CEQR #14-BSA-122K APPLICANT – Issa Khorasanchi, for Kenneth Segal, owner; Dimitriy Brailovskiy, lessee. SUBJECT – Application July 8, 2013 – Special Permit (§73-36) to legalize the use of a physical culture establishment (Fitness Gallery) located on the second floor of a two story commercial building. C8-1/R4 zoning district. PREMISES AFFECTED – 1601 Gravesend Neck Road, Gravesend Neck Road, between East 16th and East 17th Street, Block 7377, Lot 29, Borough of Brooklyn. COMMUNITY BOARD #3BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Vice-Commissioner Hinkson, Commissioner Ottley-Brown and Commissioner Montanez ...................3 Negative:...........................................................................0 Abstain: Chair Perlmutter................................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated September 12, 2013, acting on DOB Application No. 320693291, reads, in pertinent part: Proposed physical culture establishment in C8 district is not a use permitted as of right, per ZR 32-10; and WHEREAS, this is an application under ZR §§ 73- 36 and 73-03, to permit, on a site partially within a C8 zoning district and partially within an R4 zoning district, the legalization of a physical culture establishment (“PCE”) operating in portions of the second story of a two-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on June 17, 2014, after due notice by publication in the City Record, with a continued hearing on July 29, 2014, and then to decision on September 16, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and WHEREAS, Community Board 15, Brooklyn, recommends disapproval of this application; and WHEREAS, the subject site spans the north side of Gravesend Neck Road between East 16th Street and East 17th Street, partially within a C8 zoning district and partially within an R4 zoning district; and WHEREAS, the site has approximately 202 feet of frontage along East 16th Street, approximately 209 feet of frontage along Gravesend Neck Road, approximately 82 feet of frontage along East 17th Street, and 28,405 sq. ft. of lot area; and WHEREAS, the site is occupied by a two-story 208-13-BZ CEQR #14-BSA-122K partially within an R4 zoning district, the legalization of a PCE operating in portions of the second story of a two- story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received June 26, 2014” Three (3) sheets; and on further condition: THAT the term of the PCE grant will expire on August 1, 2023; THAT the PCE not will operate within the R4 portion of the site; THAT there will be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT accessibility and egress compliance will be as reviewed and approved by DOB; THAT fire safety measures will be installed and/or maintained as shown on the Board-approved plans; THAT the above conditions will appear on the Certificate of Occupancy; THAT substantial construction will be completed in accordance with ZR § 73-70; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans will be considered approved only for the portions related to the specific relief granted; and THAT DOB must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, September 16, 2014. A true copy of resolution adopted by th

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