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Planning Commission rescinds recommendation on 308 Gifford Street after state ABC preemption
Summary
The Syracuse City Planning Commission voted to rescind its Dec. 18 recommendation on a special use permit for a proposed liquor store at 308 Gifford Street after staff said state Alcoholic Beverage Control law preempts local zoning review for that use. The rescission clears the way for a minor site plan review process instead.
The Syracuse City Planning Commission voted to rescind its Dec. 18 recommendation on a special use permit for 308 Gifford Street after staff said state Alcoholic Beverage Control (ABC) law preempts local zoning review for liquor stores.
Staff told the commission the Common Council had denied the special use permit and that, following consultation with the city corporation counsel and the state, it was determined the state ABC law removes local jurisdiction over zoning review for that specific use. "Because it's a liquor store, the state ABC law preempts our zoning review of it, and, therefore, you did not have jurisdiction to take up the SUP," a staff member said.
Commissioners moved to rescind their earlier action so the applicant can proceed under a minor site plan review process. A motion to rescind the commission's December action was made, seconded and passed by voice vote.
Staff said the city will revise the zoning code language to avoid repeating situations where a use category inadvertently implies a local special use review that is preempted by State ABC law. The commission recorded the rescission on the record to clear jurisdictional questions and allow the applicant to move forward with the administrative minor site plan review.
The commission held a separate special use permit for 620 Wolf Street for the applicant's potential late arrival and did not act on that item tonight.
