Planning & Development Committee

If a popular fast-food restaurant chain has things its way, multiple properties — including the sites of Batavia Restaurant Supply and Beverly’s Floral & Gifts —  will be demolished in lieu of a bigger, wraparound establishment on a southwest corner in the city.

Hopkins Sorgi & McCarthy PLLC, representing Carrols Corp., has proposed moving the current Burger King, at 230 West Main St., Batavia, into space now occupied by 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a northern portion of 6 South Lyon St.

If approved, Burger King would replace and relocate the existing restaurant with a drive-through service, the company says.

The project site is zoned commercial C-2, and the company’s future plans would require a special use permit, the company said in a letter submitted as part of a concept plan review during Tuesday’s city Planning and Development Committee meeting.

The applicant and apparent Burger King franchise owner is Ken Mistler, and Hopkins Sorgi & McCarthy are expected to return to a future committee meeting on July 18 for further discussion about the project. Mistler was not available for comment Sunday.

UPDATE 6/27/23 12:30 a.m.: Ken Mistler said that the city goofed and erroneously listed him as the applicant of this project, though he is not. 

The current Burger King structure was built in 1977 and has an assessed value of $690,000.

Renderings from Hopkins Sorgi & McCarthy PLLC. 

The Batavia Planning & Development Committee on Tuesday night approved a slightly modified plan to enclose a 1,700-square-foot patio on the west side of City Slickers Bar & Grill at 59 Main St.

Owner Ken Mistler's request focused on making the patio a bit smaller than what had been previously approved (in July 2014), reducing the size from 99 feet to 64 feet, and adding a small awning over the structure, which will feature six 12-foot, 6-inch retractable overhead doors -- four on the west side and one each on the south and north sides. The patio is located in an area next to M&T Bank.

"Patrons will be able to access (the patio) from the restaurant and also from the side and front of the patio," Mistler said, noting that the project will cost around $60,000. "(By enclosing it), we hope to utilize it more, especially in inclement weather."

Last week, Mistler's proposal was approved by the Genesee County Planning Board.

The patio will be able to seat 61 people, said Mistler, who added that he hopes to complete the project within the next several weeks.

In other action, the committee:

-- Approved a request by Michael Mammano, sign company agent, to place two lighted signs on the building at 69-71 Main St., which is being transitioned from First Niagara Bank to Key Bank. One sign will measure 2 feet, 8 inches by 17 feet, 10 inches and will go on the north elevation of the building and the other will measure 2 feet by 13 feet, 5 inches and will be placed on the south side of the building.

-- Approved a request by Batavian David Pero to subdivide property on Webster Avenue, the site of his sons' disposal business, Trash Away, LLC.  The larger parcel, consisting of vacant land, will not be used for any commercial venture at this time, Pero said.

-- Recommended that the City Zoning Board of Appeals denial a request by Randy White to create a second driveway -- measuring 16 feet wide by 60 feet long -- on his Lyon Street property. The board was not in favor of the additional overage and the fact that the applicant would be turning a larger portion of his yard into a second driveway.