Commercial Lease - Need to get a C of O changed - and Zoning question?

In plain English: 1-Of course your LL doesn’t want to lay out the cash, and you would be an idiot to undertake a change in CofO, which is in the domain of the landlord, and not the tenant. 2-You most likely need a special permit for a Physical Culture establishment (though you might be exempt). You can read more at: https://www1.nyc.gov/nycbusiness/description/special-permit-for-physical-culture-establishment http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2013-010.pdf 3-If you’re getting your information from the LL’s architect, you are not getting good information. Even if consulting an independent professional, you still may not be getting good advice.

ventilated

in Dept. of Buildings (DOB) 10 years and 2 months ago

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flyingfish | 10 years and 2 months ago

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I have found a commercial space in Brooklyn in an M1-1 zone which is currently listed as a cosmetics manufacturing factory on the C of O (which dates from 1965 – the building is from 1910\. I want to rent this, and use it as a movement studio – and there are some extensive renovations – plumbing, electric, walls and floors. The architect, in consultation with some expeditors says that we will need an Alt-1 permit – changing the C of O – because it is a change of use. (the current owner is not a cosmetics manufacturer – that is left over from the previous owner.) SO – as a tenant – he is expecting me to take care of this – paying for the expeditor, etc. (He will give me a break in the rent, free rent etc. – he just doesn’t want to outlay any cash.) A) I love the space – but I am not sure it makes sense to me to wait to rent something if it takes a long time to get the C of O changed – so how long can I expect for this? As a tenant – would yo uget involved in this? (I like the space a LOT) B) Is it certain that I will need to get a Alt-1? C) Is it ok for my use in that zone?WHat do we put on a C of O for a dance Studio? (School, for instance, might need a variance. THe architect says we could call ti an office?) Help! Thank you!

flyingfish | 10 years and 2 months ago

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I have since seen that Use 9 of the code is for Theatrical Studios/Dance Studios – so it seems we could fall under that use and not need a variance. I guess my big question is: as a renter – a tenant – would you get involved in a space that needed a C of O change- and you were responsible for filing for it? There’s the wait involved – and the expense. I need to be in business by September – so I’d need to rent alternative space until the construction were done – which is after the C of O was approved. Worth the wait? And the expense? Is there any downside rick to this? Thanks!!