President Pro Tempore Chair

Council Member 6th Ward Council Operations and

RICHARD S. CONTI Ethics
151 Chestnut Street
Albany, New York 12210 Member

Telephone: 518-436-8546 City of Albany Law, Buildings and Code

Enforcement
e-mail: rc6thward@aol.com
Common Council Housing and Community
Development

March 21, 2017

To: Albany Board of Zoning Appeals

Fr: Richard Conti, Council Member 6th Ward

Re: 288 Lark Street; Application for a Special Use Permit to allow a tavern to operate until 2AM

The subject property is located in a C-1 Neighborhood-Commercial zoning district which, under current
zoning, requires a Special Use Permit for the requested use for operation of a tavern with hours of
operation until 2AM. Under proposed zoning revisions (ReZone Albany) that are currently pending before
the Common Council the proposed use would only require a Conditional Use Permit for operation as a
tavern; hours of operation until 2AM would be a permitted use for the new zoning district. This
application is being considered under current zoning requirements. The subject property formerly housed
DeJohns Restaurant and Pub and, immediately before that, LuLus Caf and Gallery.

I have no objections to this application and I fully support its approval. With regard to the two requests
before the Board:

Hours of Operation: hours of operation until 2am under current zoning is not inconsistent with
similar uses within the zoning district and the Lark Street corridor. Additionally, under ReZone
Albany the requested hours of operation would become a principle permitted use. I anticipate that
the Common Council will retain that provision within the ReZone Albany proposal;

Tavern: the applicant proposes to limit alcohol service to beer and wine. Due to the number of full
liquor licenses within 500 feet of the proposed use, any expansion would require separate approval
and a public hearing by the State Liquor Authority.

Although not a subject of this application, the applicant proposes additional redevelopment of the upper
floors at 288 Lark Street and redevelopment of the vacant property at 286 Lark Street.

Since this application meets the standards for approval of a Special Use Permit under section 375-27 of the
City of Albany; would bring a long vacant property back into use; and contributes to the further economic
development of the Lark Street corridor and benefit the surrounding residential neighborhoods, I support
its approval and urge favorable action by the Board.