Glens Falls zoning board denies use variance for proposed 113 Bay Street restaurant

The Glens Falls Zoning Board of Appeals denied a use-variance application April 21 from a prospective tenant seeking to open a restaurant at 113 Bay Street, concluding the applicant failed to meet the four-part legal test required for a use variance.

Denver Seaman, a zoning staff member who presented the application, told the board that “a use variance is different part than an than an area variance. It requires what we call a strict scrutiny test, and all 4 questions on this application must be answered.” The applicant, a local chef who operates Scratch Kitchen at 199 Orange Street, described plans for a daytime café focused on breakfast, lunch and coffee with some meals-to-go and the occasional sale of flowers and plants.

The board’s discussion centered on the statutory four-part test for a use variance. Members agreed the applicant had not demonstrated the required unnecessary hardship. Board members noted the applicant does not own the…