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Council upholds zoning board decision, denies Broadway Enterprises' appeal
Summary
After lawyers and engineers argued the project should proceed under a previously approved site plan, the Rochester City Council denied Broadway Enterprises LLC’s appeal to continue development under older standards, voting that prior approvals had lapsed and the Unified Development Code now applies (5–2).
The Rochester City Council denied an appeal from Broadway Enterprises LLC seeking to continue a previously approved two‑phase development under older land‑development standards. Staff recommended denial of appeal CD2026002 on the grounds that the prior site approval had lapsed under a one‑year timeline in the Land Development Manual and that the Unified Development Code (UDC) now governs the site.
Applicant counsel John Beatty and engineer Ryan Schoenfeier argued the project was a legitimate phase‑two completion of a plan approved in 2020 and that pandemic‑ and reconstruction‑related delays were practical difficulties not self‑created. Schoenfeier described the site as intentionally integrated with an adjacent Starbucks and argued the proposed building fits existing context. Staff and several council members questioned whether the applicant requested timely extensions and whether allowing the prior plan to live on would undermine the UDC’s purpose.
Council member Keane moved to deny the appeal; the motion passed 5–2 after discussion that emphasized the legal criteria for quasi‑judicial decisions and the UDC’s lapse/renewal standards. Council member Palmer and Fredericks voted against the motion and cited unique pandemic and construction delays as mitigating factors. The denial requires the applicant to rework the proposal to comply with current standards or pursue variances through the zoning appeals process.
