210-13-BZ CEQR #14-BSA-006Q APPLICANT – Sheldon Lobel, P.C., for MDL+S owner; Richard Bundy, lessee. SUBJECT – Application July 8, 2013 – Variance 21) to legalize the operation of a physical establishment (The Physique). C1-4/R7A district. PREMISES AFFECTED – 43-12 50th Street, on the west side of 50th Street between 43rd Avenue Queens Boulevard. Block 138, Lot 25, Borough COMMUNITY BOARD #2Q ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Vice Chair Collins, Commissioner Brown, Commissioner Hinkson and Commissioner Montanez .........................................................................4 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Queens Borough Commissioner, dated June 6, 2013, acting on Department of Buildings Application No. 420465455, reads pertinent part: “Proposed physical culture establishment not permitted in a C1-4/R7A zoning district as-of-right or by special permit;” and WHEREAS, this is an application under ZR 21, to permit, within a C1-4(R7A) zoning district, legalization of a physical culture establishment (PCE) a former manufacturing building, contrary to ZR and WHEREAS, a public hearing was held application on April 8, 2014, after due notice publication in the City Record, with a continued on June 17, 2014, and then to decision on July 22, and WHEREAS, the premises and surrounding site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson, Commissioner Montanez, Commissioner Ottley-Brown; and WHEREAS, Community Board 1, recommends approval of the application; and WHEREAS, the Queens Borough President recommends approval of the application; and WHEREAS, the site is located on the west 50th Street, between Roosevelt Avenue and 43rd and Queens Boulevard, with 102 feet of frontage Street, a depth of 100 feet and a total lot area of sq. ft.; and WHEREAS, the site is occupied by a one-story basement building designed as a factory building, 19,715 sq. ft. of floor area; and WHEREAS, the PCE occupies 9-857 sq. ft. area on the basement level and is operated as Phyzique; and WHEREAS, the PCE has been in operation site since approximately 2003; and WHEREAS, the applicant represents manufacturing building for dolls and doll clothing accessory offices was built in approximately 1950, 210-13-BZ CEQR #14-BSA-006Q conforming use tenant by relocating the building’s and WHEREAS, the applicant notes that local retail service establishment uses are dependent on visibility and direct access to attract customers need cannot be met with below grade space; and WHEREAS, further, the applicant notes windows are located well below eye level of pedestrians and do not provide sufficient visibility for businesses located at the basement level; and WHEREAS, the applicant asserts that the also not desirable for conforming use such as since there is very little access to light and air; and WHEREAS, the applicant also notes that the the basement level is not conducive to confirming because local retail and service establishments subject area of Queens generally occupy spaces less than 4,000 sq. ft.; and WHEREAS, accordingly, since the basement is more than twice that size, it would need subdivided into two or three smaller spaces marketable to a broader range of uses; and WHEREAS, the applicant states that the building’s layout with little street exposure and a circulation that is located in the northeast corner of the make the subdivision of the space impractical, impossible; and WHEREAS, the applicant asserts that requirements of a PCE use differ from those conforming commercial uses in that the PCE does require the same amount of street exposure, suited to a large open floor place, and does not any significant capital expenditures to the manufacturing building to accommodate a fitness center; and WHEREAS, accordingly, the Board finds aforementioned unique physical conditions, considered in

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