ADAM Community Center or Place of Worship in Troy?

As you may know, I serve on the Troy Zoning Board of Appeals (ZBA). For the most part, our meetings rarely deal with controversial issues. The 12/17/13 and 1/21/14 meetings may be the exceptions. As originally scheduled, at tonight's meeting we are being asked to interpret whether the proposed principal use of property at 4924 Rochester Road "constitutes a community center, a club, place of worship, or some other use under the City’s Zoning Ordinance." FYI... this is the old location of Marinelli's Restaurant in Troy.

For additional background information, here are a couple of excerpts from a letter written by City Manager Brian Kischnick to Dr. Md. Nural Amin...

The proposed ADAM Community Center was given approval by City Administration on October 2, 2013, based on representations that the proposed use of the building was a community center - and not a place of worship - under the provisions of the City of Troy Zoning Ordinance. This determination was based on floor plans and supporting documentation provided by you. There are significant zoning implications associated with this determination, since places of worship are required to be located at least 50 feet from abutting properties and have different parking requirements. The existing building location does not meet the place of worship zoning thresholds...

...City Administration has also received information from Troy business owners and residents about the proposed use, challenging the community center zoning classification. Based on this information and also the lack of definition of a community center, I believe that there is some ambiguity, and therefore as Zoning Administrator, I will be requesting that the Zoning Board of Appeals render an interpretation on this item. Section 15.04.D of the City of Troy Zoning Ordinance provides the authority for the Zoning Board of Appeals to interpret the Zoning Ordinance. It is anticipated that having the Zoning Board of Appeals make the interpretation will eliminate the ambiguity and provide administrative finality. Furthermore, considering this item in the public realm will provide transparency and opportunity for input by residents...

So, what's the controversy? Click here and proceed on to page 159. Also, an image was posted to Facebook over the past few days with the following statement: "New Islamic Center in Troy?" I debated whether or not to post the image but decided against it because some of the comments being made had little to do with the actual issue we will be debating.

There is only one issue that will be decided by the Troy ZBA: Does the proposed use of the property at 4924 Rochester Road qualify it as a community center, a club, a place of worship, or some other use under the City’s Zoning Ordinance?

Here's some more news on this issue... It now looks like we will not be voting on this item at tonight's ZBA meeting. This morning, I received the email below.

Board members:

Yesterday City staff discovered a defect in the public hearing notice mailing requirements for the 3 cases the Board is scheduled to hear tonight. The Zoning Ordinance and State Law require the City send properties within 300 feet of the subject property written public hearing notices. Some properties were not sent these notices. The City is in the process of identifying why notices were not sent.

This means that the Board can conduct tonight’s meeting in the usual manner, with the exception that they will not be able to deliberate or render decisions on variances and the interpretation.

To allow staff to make correct public hearing notification, we will recommend to the Board that each public hearing be continued to the regularly scheduled January 21, 2014 ZBA meeting. The January 21, 2014 meeting would be conducted in the usual manner.

Feel free to contact me with any questions you may have.

Paul Evans
Zoning & Compliance Specialist
City of Troy