Planning commission denies special-use permit for North Krause/Lodi market, cites unresolved safety and licensing issues

The Syracuse Planning Commission on April 7 denied without prejudice a special-use permit application for 308–18 North Krause Ave. and Lodi Street, an application from a local store owner to expand to food service and related retail uses.

The applicant, who identified himself as Fawaz Al Harvey and said he owns the business at 208 North Cross, told commissioners he has invested thousands of dollars in repairs and interior upgrades and that adding hot food sales is needed to keep the operation viable. "I built a brand new bathroom, paint, did a new ceiling, everything inside," Al Harvey said during the public hearing. "It's hard to stay in business without having food."

Staff and the Syracuse Police Department's Crime Prevention Through Environmental Design (CPTED) team raised several unresolved site-safety items, including a recommended pedestrian demarcation between storefront and parking, surveillance and lighting quality, and window security. The zoning administrator told the commission that staff supported the police CPTED recommendations and suggested they be made conditions of approval. The applicant said he had installed multiple cameras and made other improvements but objected that proposed lighting aimed toward residential windows had produced neighbor complaints.

Neighbors who spoke in opposition said the neighborhood already has a full-service supermarket nearby and expressed concerns about operating hours, signage, parking, and a history of code issues at the location. "This store basically sells junk food and tobacco," said Chris Bianchi of 207 Gertrude Street, urging denial and tighter conditions if the commission were to recommend approval.

A separate, decisive licensing issue factored into the commission's action: the city's tobacco retail licensing rules. Staff noted the City's 2023 tobacco retail license ordinance bars new tobacco retailers within 750 feet of a school, park or existing licensed retailer and recorded that the applicant's parcel falls within 750 feet of Finnegan Park and the Holly Green Play Lot. Staff said the applicant's City of Syracuse tobacco retail license application was denied on June 12, 2024, and therefore the commission could not recommend approval of a permit expecting lawful tobacco sales. The zoning administrator warned that selling tobacco at the location would subject the owner to enforcement and possible closure.

After public comment and discussion about adding the police recommendations as conditions, a motion to deny the special-use permit without prejudice carried. Commissioners said the denial leaves the applicant able to reapply after addressing outstanding issues, including rethinking a business model that relies on tobacco sales and meeting CPTED recommendations. The commission noted staff would help the applicant with site inspections and follow-up before any reapplication.

The commission also required, as a recommended condition noted during review, that the small triangular area shown as grass on the site plan be installed and protected from parking to prevent it becoming a mud pit.

The denial was procedural and not final: "You can reapply," the chair said, noting the commission had many open questions that could not be narrowed in a single hearing.

Votes and next steps: the motion to deny without prejudice passed; the applicant may return with revisions addressing CPTED recommendations, site improvements, and with a business plan that does not rely on tobacco sales.