Planning commission approves special‑use permit for 228 Comanche, sends application to town board after public debate

The Kya Planning Commission voted Nov. 19 to approve a special‑use permit for a bar at 228 Comanche Street and referred the application and staff‑recommended conditions to the town board for final action.

Supporters at the meeting said the business has been an established community presence and owner‑occupation would provide long‑term stability. ‘‘I’ve known Ted and Corey for over seven years and their commitment to our community is unwavering,’’ said Lynette, who identified herself as manager of Elizabeth Kitchen and Bar and the Kya/Ka Bar. Multiple speakers, including the property owner of 228 Comanche, said they support the sale to the applicants.

Opponents urged caution. Joey, who said he leases 222 Comanche, told commissioners the applicants owe unpaid rent and face ongoing litigation; he said two cases were filed in the New York Supreme Court and offered to provide evidence to staff. Those allegations were not litigated at the meeting and remain unresolved. Staff responded that allegations about past business conduct do not affect the land‑use decision: “As far as any of the issues that have been raised in public, they don't pertain to building and ... have no bearing on our decision,” a staff representative said, urging commissioners to focus on zoning, building and fire code compliance.

Staff and the Safebuilt review identified a set of conditions the applicants must meet before final occupancy, including fire‑code upgrades and an ADA‑compliant restroom. Commissioners discussed occupancy and safety: seating was described by applicants as about 40 seats (staff and commissioners estimated total occupancy with staff and standing patrons could range higher; applicants said the final occupancy will be set by stamped plans and the building/fire review). The record included approximate figures mentioned at the meeting — seating around 40, with potential total occupancy estimates discussed up to about 80 — but commissioners noted the final number depends on the fire‑safety inspection and stamped plans.

Commissioners also discussed parking and pedestrian safety tied to a CDOT street redesign. Staff described future street work that will narrow travel lanes, add tuck‑in (parallel) parking or ‘‘bump‑outs’’ and raised crosswalk islands intended to slow traffic, improve sidewalks and reduce conflict between vehicles and pedestrians. Applicants said deliveries will use the alley and that a fenced patio area behind the building (described in staff materials) would be included within the liquor perimeter; the commission clarified the applicants do not plan outdoor amplified live bands.

After discussion the commission made a motion to approve the special‑use permit for 228 Comanche with the conditions outlined in the Safebuilt review and to forward the application to the town board. The motion was moved by Commissioner Wendy, seconded, and passed by voice vote. The town board will consider the application and the conditions recommended by staff and Safebuilt.

The record includes competing public claims about the applicants’ past business disputes; those claims were offered as evidence by commenters but were not resolved at the hearing. The commission’s action was limited to land‑use findings and conditions required to meet building and fire codes.

What happens next: the application and the conditions required by Safebuilt will be transmitted to the town board for final review and any licensing decisions (liquor‑license transfers or new liquor licenses) proceed through separate administrative processes.