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Commission recommends special-use permit for 1641 West Genesee (Sofit Hibachi) with strict compliance conditions
Summary
The Planning Commission recommended that the Common Council approve a special-use permit for a new restaurant at 1641 West Genesee Street, provided the owner cures all open property-maintenance violations by a May 1 deadline and secures required building permits within 12 months, or the permit will be rendered null and void.
The Planning Commission voted to recommend approval of a special-use permit (SP-2510) for a proposed Sofit Hibachi restaurant at 1641 West Genesee Street, subject to strict conditions imposed because the property currently has open code-enforcement issues.
The applicant (property owner) said the restaurant would be a sit-down Hibachi operation in a roughly 1,000-square-foot space and described proposed hours (noon–8 p.m. Sundays; other weekday and weekend hours discussed during the hearing). Staff described an ongoing conditional certificate-of-compliance process with Code Enforcement and said the owner must address several outstanding property-maintenance violations before a certificate can be issued.
City staff recommended the commission proceed with a conditional recommendation so the owner can apply for permits; the commission attached two special conditions: (1) all open property-maintenance violations on the subject property must be cured, inspected and approved by May 1, and (2) all required permits related to the commercial operation (building, mechanical, fire suppression, hood/ventilation, electrical, etc.) must be obtained within 12 months of the Planning Commission approval. Commissioners emphasized that if the May 1 condition is not met, the recommendation to council should reflect that the permit is null and void and the owner would not be able to operate the restaurant.
The commission also completed SEQR review and issued a negative declaration for this action prior to the recommendation vote. The recommendation will be forwarded to the Common Council for final action; staff and commissioners noted the council can deny a recommendation if conditions are not met.
