PREMISES AFFECTED - 202 West 236th Street, a/k/a 5757 Broadway, Borough of The Bronx.

121-93-BZ

APPLICANT - Kenneth H. Koons, Architect, for Pauline O'Sullivan, owner.

SUBJECT -Application November 23, 2004 Reopening for an extension of term of variance for an eating and drinking establishment, without restrictions on entertainment and dancing, Use Group 12, located in a C23 within an R6 zoning district.

PREMISES AFFECTED - 202 West 236th Street, a/k/a 5757 Broadway, southwest corner of Broadway and West 236th Street, Block 5760, Lot 150, Borough of The Bronx.

COMMUNITY BOARD #8BX

APPEARANCES -

For Applicant: Kenneth H. Koons.

ACTION OF THE BOARD - Application granted on condition.

THE VOTE TO GRANT -

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin...... 4

Negative:...... 0

THE RESOLUTION-

WHEREAS, this is an application for a reopening and an extension of the term of a variance previously granted by the Board; and

WHEREAS, a public hearing was held on this application on March 1, 2005 after due notice by publication in the City Record, and then to decision on March 29, 2005; and

WHEREAS, Community Board No. 8, Bronx, recommends approval of the subject application; and

WHEREAS, the premises is within a C23 (R6) zoning district, is located on the southwest corner of Broadway and West 236th Street, and is currently improved upon with a fourstory plus cellar building, with an eating and drinking establishment without restrictions on entertaining or dancing (Use Group 12) and stores on the ground floor, and residential units on the second and third floors; and

WHEREAS, on February 14, 1989, under BSA Calendar No. 70287BZ, the Board granted a special permit under Z.R. §73241, legalizing the existing eating and drinking establishment at the premises; and

WHEREAS, this special permit subsequently lapsed, though the eating and drinking establishment remained in active operation at the site; and

WHEREAS, on June 6, 1995, under the subject calendar number, the Board granted a variance under Z.R. § 7221, legalizing the eating and drinking establishment use, and waiving certain bulk regulations related to a proposed expansion of the establishment; and

WHEREAS, on January 7, 1997, under the subject calendar number, the Board granted an amendment to the approved plans; specifically, the proposed enlargement of the eating and drinking establishment was abandoned, and therefore omitted from the plans; and

WHEREAS, the applicant now seeks an extension of the term of the use variance for ten years; and

WHEREAS, the Board has determined that the evidence in the record supports the grant of the requested extension of term.

Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, so that as amended this portion of the resolution shall read: "to extend the term of a variance for an eating and drinking establishment without restrictions on entertainment or dancing (UG 12), previously granted by the Board, for a term of ten years; on condition that this use shall substantially conform to drawings for the ground floor and cellar of the building filed with this application marked `Received March 10, 2005' (2) sheets; and on further condition:

THAT the term of this variance shall be limited to ten years, to expire on June 6, 2015;

THAT the above condition shall appear on the certificate of occupancy;

THAT all conditions from prior resolution(s) not specifically waived by the Board remain in effect and shall be listed on the certificate of occupancy if listed previously;

THAT the interior layout and all exiting requirements shall be as reviewed and approved by the Department of Buildings;

THAT all plans for the second and third floors previously stamped by the Board in relation to its January 7, 1997 grant remain in effect;

THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and

THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted."

(DOB Application No. 200918230)

Adopted by the Board of Standards and Appeals, March 29, 2005.