35-14-BZ CEQR #14-BSA-118Q APPLICANT – Gerald J. Caliendo, RA, AIA., for Demetrius Partridge, owner; Mara Parr Corp. dba CKO Kickboxing, lessee. SUBJECT – Application February 12, 2014 – Special Permit (§73-36) to permit the operation a physical culture (CKO Kickboxing) within the existing building. C4-2A zoning district. PREMISES AFFECTED – 40-06 Astoria Boulevard, Astoria Boulevard South 28.0 feet east of the intersection of Steinway Street and Astoria Boulevard, Block 00686, Lot 12, Borough of Queens. COMMUNITY BOARD #1Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Commissioner Ottley- Brown, Commissioner Montanez and Commissioner Chanda..............................................................................4 Negative:..........................................................................0 Absent: Vice-Chair Hinkson...........................................1 THE RESOLUTION – WHEREAS, the decision of the Queens Borough Commissioner, dated January 16, 2014, acting on Department of Buildings (“DOB”) Application No. 420630561, reads in pertinent part: “Proposed Physical Culture Establishment in a C4-2A zoning district requires a Special Permit from the Board of Standards and Appeals pursuant to § 73-36 Z.R.”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to legalize, on a site located within a C4-2A zoning district, a physical culture establishment (PCE), which operates on the second floor of three (3) story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on November 17, 2015 after due notice by publication in The City Record, and then to decision on December 15, 2015; and WHEREAS, Community Board 1, Queens, recommends approval of this application; and WHEREAS, Vice-Chair Hinkson, Commissioner Ottley-Brown and Commissioner Chanda performed inspections of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the south side of Astoria Boulevard, between Steinway Street and 41st Street; and WHEREAS, the site has approximately 40 feet along Astoria Boulevard, and is occupied by a three (3) story commercial building; and WHEREAS, the PCE occupies approximately 4,821 sq. ft. on the second floor of the subject building and has been in operation since December 2013; and WHEREAS, the parking requirements for the PCE, as set forth in ZR § 36-21, are waived under ZR § 36- 231; and WHEREAS, the PCE operates as Maba aka CKO 35-14-BZ CEQR #14-BSA-118Q Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03 to legalize, on a site located in a C4-2A, a PCE operating on the second floor of a three (3) story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received December 2, 2015”—Six (6) sheets; and on further condition: THAT the term of the PCE grant will expire on December 1, 2023; 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 compliance under Local Law 58/87 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 sound attenuation measures shall be implemented and/or maintained as shown on the Board- approved plans; THAT the above conditions will appear on the Certificate of Occupancy; THAT all DOB and related agency application(s) filed in connection with the authorized use and/or bulk will be signed off by DOB and all other relevant agencies by December 15, 2019; THAT this approval is limited to the relief granted by the Board in response to specifically cited 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 complia

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