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

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

in Dept. of Buildings (DOB) 9 years and 11 months ago

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ventilated | 9 years and 10 months ago

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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.

flyingfish | 9 years and 10 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!!