Albany BZA hears Larkin HiFi cabaret appeal; board reserves decision pending mailed notice and further record review

The Board of Zoning Appeals held a de novo hearing on Jan. 8 on an appeal of the city clerk’s denial of a cabaret license for Larkin HiFi at 199 Lark Street. The board heard procedural arguments, testimony from the applicant and co‑owners, legal guidance from city counsel, and several public commenters, and ultimately reserved formal action pending completion of mailed notice and clarification about the evidentiary record.

The applicant’s counsel asked the board to accept substituted notice — posting on the building, email to a neighborhood leader and publication in the Times Union — and argued the city’s mailed‑notice requirements were onerous for a small business. City counsel (Jason) said the Unified Sustainable/Urban Standard (USBO) requires mailed notice for policy decisions listed in table 375.502 and cited USBO Section 375‑504(6)(c)(2) as the controlling notice provision. The city’s position, as explained on the record, is that those mailed‑notice rules apply to an…