Planning commission grants Alias Coffee event‑space special use permit for one year, requires renewal review

The Troy Planning Commission voted Wednesday to grant a one‑year special use permit to Alias Coffee — operated by Hernan Lopez — allowing the business to expand into the remainder of its building and change occupancy to an assembly/event space.

Why it matters: The permit permits a use not normally allowed in the zoning district and the commission debated whether the special use should be permanent, temporary or tied to the current applicant. The board and staff clarified that a special use permit is issued to the applicant and applies to the specified property; whether the permit “runs with the land” or transfers to a successor owner depends on the type of permit and legal interpretation.

Applicant architect Adam Patel summarized the project and the changes to the building, saying, "We're looking to expand the use of the Alias Coffee Cafe from the approximately 1,000 square foot use at the front of the building to the remainder of the building, including changing the occupancy type to an assembly space." The project includes two new restrooms, a new egress door, accessible egress modifications and a change to the front door swing.

Board members pressed staff and the applicant on whether a permanent special use would carry forward if ownership changed. Planning staff explained three time-length options: permanent (which can run with the land in some circumstances), a fixed term that would expire on a set date, or denial. The applicant said he is in the process of purchasing the building but is not yet the owner and that the transaction is imminent.

After discussion the commission offered a compromise: issue a one‑year permit and require the applicant to return for renewal or consider permanent status after the board's legal questions about transferability are answered. The applicant accepted the arrangement, citing an immediate need to proceed with construction and permit issuance. A commissioner moved that the board "give him a special use permit for 1 year, and he would come back at that time to see if we could give him a permanent one once our questions are answered." The motion was seconded and passed by voice vote.

The board directed the applicant to file a renewal application near the one‑year mark; planning staff advised the applicant to "submit your renewal probably in March" of the year prior to the expiration to allow time for review. The commission and staff also recommended that applicant follow up with corporation counsel on whether a permanent permit would transfer with a sale or whether a new occupant would have to obtain its own special use permit.

Provenance: Project presentation and applicant introduction at 07:22–08:18 (Adam Patel and Hernan Lopez). Final motion and vote granting a one‑year special use permit occur at 24:52–24:59 (motion, second, voice vote).