ZONING BOARD OF APPEALS
COMMON COUNCIL CHAMBERS - CITY HALL
NOVEMBER 12, 2019 5:00 PM
ZBA Case No.: 25-19 Zone: RS-2
401 Deerfield Drive East Area Variance
Applicant: Brian Szot
Owner: Brian Szot
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a garage at the above referenced property.
The applicant is proposing to construct a 36’ x 28’ (1008 sf) detached garage at the above referenced property. The proposed height of the garage will be 15’. In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, a garage in a Residential Single Family zoning district shall not exceed 616 sf. The applicant will require an area variance for the increase in the size of the garage.
The garage will have two overhead doors utilizing the existing curb cut at the street and connecting the driveway area of the house. The exterior materials for the garage will match the existing materials on the house.
ZBA Case No.: 50-19 Zone: CCBD
430 Court Street Area Variance
Applicant: AAA Northeast
Owner: AAA Northeast
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to install signage at the above referenced property.
AAA would like to install a 50 sf AAA logo sign on the south face (Court St) side of the building and a 25 sf logo sign on the north face (State St.) side of the building. In accordance with Section 2-29-340 of the Zoning Ordinance of the City of Utica, 50 sf is the maximum size permitted for facial signage in the Central Business District, therefore, the applicant is seeking an area variance for the increase in the size.
ZBA Case No.: 51-19 Zone: RM-1
932 Rutger Street Area Variance
Applicant: Pastor Chris Tringali
Owner: Methodist Church of New Hartford
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a shed at the above referenced property.
The applicant is proposing to construct an 8’ x 10’ shed in the rear of the property. The applicant is proposing to install the shed approximately 3’ from the side property line due to the parking area on the lot. In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure or use which exceeds six feet in height shall be located closer than a distance equal to its height from any side or rear property line. Therefore, the applicant will be required to receive an area variance for the location of the shed. The height of the shed is approximately 8’.
ZBA Case No.: 52-19 Zone: RS-2
401 Herkimer Road Area Variance
Applicant: David J. Bonacci, AIA
Owner: Gerald Capraro
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a shed at the above referenced property.
The applicant is proposing to construct a 12’ x 40’ shed (480 sf) to accommodate storage needs at this business. In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory structure in a Residential Single Family zoning district is 100 sf. The applicant will be required to receive an area variance to increase the size of the proposed shed to 480 sf.
The shed will be placed approximately 5’ from the east property line. In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure or use which exceeds six feet in height shall be located closer than a distance equal to its height from any side or rear property line. Therefore, the applicant will be required to receive an area variance for the location of the shed.
ZBA Case No.: 54-19 Zone: RS-1
120 Proctor Blvd Area Variance
Applicant: Elizabeth McKee
Owner: Elizabeth McKee
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a shed at the above referenced property.
The applicant is proposing to construct a 12’ x 20’ shed (240 sf) to accommodate storage needs at their home. The applicant will be replacing a smaller existing shed. An additional 6’ porch will be added to the shed for back yard enjoyment. In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory structure in a Residential Single Family zoning district is 100 sf. The applicant will be required to receive an area variance to increase the size of the proposed shed to 240 sf.
The shed will be placed approximately 6-8’ from the side property line and 3’ from the rear property line. In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure or use which exceeds six feet in height shall be located closer than a distance equal to its height from any side or rear property line. Therefore, the applicant will be required to receive an area variance for the location of the shed. The proposed shed will be 10’ high.
ZBA Case No.: 55-19 Zone: RT-1
1111 Stark Street Area Variance
Applicant: Joshua Goodson
Owner: Joshua Goodson
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a shed at the above referenced property.
The applicant is proposing to construct an 8’ x 24’ shed (192 sf) to accommodate storage needs at their home. In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory structure in a Residential Single Family zoning district is 100 sf. The applicant will be required to receive an area variance to increase the size of the proposed shed to 192 sf. The applicant will also require an area variance for the height of the proposed shed. The maximum height permitted is 10’ and the applicant is proposing 12’ high.
The shed is proposed to be placed at the front property line on the Wager Street side of the property. In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure shall be located in any required minimum front yard. The applicant will be required to receive an area variance for the location of the shed.
ZBA Case No.: 56-19 Zone: CN
335 South Street Use Variance
Applicant: Hasica Pajazetovic
Owner: Hasica Pajazetovic
Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking a use variance in order to establish an auto repair business at the aforementioned address.
The applicant received a use variance in 2005 in order to operate strictly as auto repair only. The following were the conditions of the approval:
- All vehicles requiring service shall be parked behind the solid wood stockade fence.
- There shall be no evidence (e.g., signs, vehicles) of the repair business on the South Street side of the property.
- In addition, there shall be no freestanding or internally illuminated signs on the Seymour Avenue side of the property.
- The business shall be restricted to strictly automobile repair; no sales shall be permitted.
- The applicant shall secure any and all necessary permits and approvals.
The applicant is now seeking a variance in order to sell approximately ten (10) cars at a time.
ZBA Case No.: 57-19 Zone: RT-1
910 Kellogg Avenue Use Variance
Applicant: Jennifer Vohuinkel
Owner: Michael Lynch
Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking a use variance in order to establish an animal rescue at the above referenced location.
The applicant is proposing to operate an animal rescue at this location. The proposed hours of operation will be Tues – Sat 10:00 am – 6:00 pm and by appointments on Sunday and Monday. This will be a volunteer rescue. No employees will be employed.
Fencing will be added to the exterior to enclose and area for the animals outside.
ZBA Case No.: 58-19 Zone: RT-1
1126 Seymour Avenue Area Variance
Applicant: Rafael Collado
Owner: Rafael Collado
Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to legitimize the construction of a fence at the above referenced location.
The applicant has constructed a 6’ high vinyl solid fence in the front yard area of the home. A maximum height of 3’ is allowed for solid fences in the front yard in a Residential Two-Family zoning district. The applicant will be required to receive an area variance for the height of the fence.
ZBA Case No.: 59-19 Zone: CH
106-110 Whitesboro Street Use Variance
Applicant: Marianne Reynolds Area Variance
Owner: Venus of Malta
Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking a use variance in order to install billboard/off premise signage at the above referenced location.
In accordance with Section 2-29-341 of the Zoning Ordinance of the City of Utica billboard signs shall be allowed only in the I-1 and I-2 Zoning Districts, therefore the applicant is seeking a use variance.
The applicant is proposing to erect banners for off premise advertising on the side of the building. The four banners will stretch from the top to the bottom of the building. Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking area variances in order to increase the size of the proposed signage where 400 sf is the maximum size allowed. No billboard shall exceed 30 feet in height from ground level or 400 square feet in sign area. No billboard sign shall be permitted within 300 feet of any residential property or within 750 feet of any historic district, park, school, church, government building or similar institutional use
