ZBA 10-13-20

Zoning Board meeting

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September 30, 2020

 

Greetings Neighbors,

Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, October 13, 2020 at 5:00 pm via Webex from Utica City Hall.  In order to access this meeting go to:

 

https://cityofutica.my.webex.com/cityofutica.my/j.php?MTID=mcd301109546d09eb969169f4329eb7ac

 

Meeting number (access code): 132 421 7914

Meeting password: tVZJSuaJ264

Join by phone

+1-408-418-9388 United States Toll

 

According to Section 2-29-108(3)(b) of the City of Utica Zoning Ordinance, with respect to an application for a variance or special use permit, the clerk of the board shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property.

This letter shall serve as written notice of stated ordinance.

If you have any questions feel free to Patti DeCarr at (315) 792-0181.

ZONING BOARD OF APPEALS

OCTOBER 13, 2020 5:00 PM

 

https://cityofutica.my.webex.com/cityofutica.my/j.php?MTID=mcd301109546d09eb969169f4329eb7ac

 

 

ZBA Case No.: 41-20                                                               Zone: RS-1

160 Deerfield Drive West                                                           Area Variance

Applicant: Emile & Carrie Charbel

Owner: Emile & Carrie Charbel

 

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 erect a fence at the above referenced location.

 

The applicant is proposing to erect a 6’ vinyl fence around the perimeter of the property, however, since the property is located on a corner lot, it is considered to have two front yards.  The fence will run in line with the front edge of the house on Deerfield Drive West and will run parallel with Dawes Avenue and extend to the property line and along the back and side of the property.  The fence will need to be located at least a minimum of 18’ from the edge of the pavement to clear the city right-of-way.   

 

In accordance with the Zoning Ordinance of the City of Utica, a maximum height of 3’ solid style fence is allowed in the front yard in a Residential Single-Family zoning district.   The applicant will be required to receive an area variance for the proposed height and location of the fence.

 

 

ZBA Case No.: 42-20                                                   Zone: RS-2

1210 Hillview Drive                                                      Area Variance

Applicant: Samir Sabanagic

Owner: Samir Sabanagic

 

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 location.

 

The applicant is proposing to construct a 30’ x 28’ (840 sf) detached garage at the above referenced property.  The proposed height of the garage will be approximately 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 proposed garage will be finished with vinyl siding and a shingled roof to match the house.  Two 11’ x 10’ overhead doors will be installed along with windows on two sides of the garage. 

 

ZBA Case No.: 43-20                                                           Zone: RT-1

1314 Rutger Street                                                              Area Variance

Applicant: Ronald Sperry

Owner: Michael Bagge

 

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 location.

 

The applicant is proposing to construct a 12’ x 17’ (204 sf) shed on the side of this property.  In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory storage structure in a residential zoning district is 100 sf.  The applicant will be required to receive an area variance to increase the size of the proposed storage unit to 204 sf. 

 

In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, 10’is the maximum height for a storage structure in a residential district.  The proposed height of the shed is 14’-4”, therefore, the applicant will be required to receive an area variance for the height of the shed.

 

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.  The applicant is proposing to locate the shed approximately 10’ from the side property line.  The applicant will be required to receive an area variance for the location of the shed. 

 

ZBA Case No.: 44-20                                                           Zone: RT-1

1407, 1417, 1419 Dudley Avenue                                           Area Variance

CTM #318.82-2-31, 318.82-2-61.1, 318.82-2-27

            318.82-2-26

Applicant: John & Alicia Crosby

Owner: John & Alicia Crosby

 

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 installation of a fence at the above referenced location.

 

The applicant has installed a 6’ wood stockade fence in the front yard approximately 2’ from the edge of the sidewalk and runs along the side property line to an existing fence in the rear of the property. In accordance with the Zoning Ordinance of the City of Utica, a maximum height of 3’ solid style fence is allowed in the front yard in a Residential Two-Family zoning district.   The applicant will be required to receive an area variance for the proposed height and location of the fence.

 

ZBA Case No.: 45-20                                                          Zone: RS-2

445 Van Roen Road                                                             Major Home Occupation

Applicant: Myly Nguyen

Owner: Myly & Huong Nguyen

 

Pursuant to Section 2-29-176 of the Zoning Ordinance of the City of Utica, the applicant is seeking a Major Home Occupation Permit in order to operate a nail salon at the above referenced property.

 

In accordance with Section 2-29-176 of the Zoning Ordinance of the City of Utica, in a general sense, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence. The standards for home occupations are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential uses of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.

The applicant is proposing to utilize the former attached garage which has been converted to living space for a nail salon.  This area has a separate entrance and a separate bathroom.

The owner will be the only nail technician at this location.  The proposed hours of operation will be Monday – Saturday 9:00 am – 5:00 pm by appointment only – approximately 2-3 hours per day.

The applicant has stated that there will only be one nail station and two pedicure stations for instances such as a mother and daughter attend together.  There will only be one client at a time and this will allow for parking in the driveway which can accommodate six (6) cars. 

 

No signage will be installed.

 

ZBA Case No.: 46-20                                                              Zone: RT-1

512-514 Mandeville Street                                                       Area Variance

Applicant: Richard Panetta

Owner: Richard Panetta

 

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 location.

 

The applicant is proposing to construct a 10’ x 12’ (120 sf) shed on the side of this property.  In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory storage structure in a residential zoning district is 100 sf.  The applicant will be required to receive an area variance to increase the size of the proposed storage unit to 120 sf. 

 

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.  The applicant is proposing to locate the shed approximately 4’ from the rear property line.  The applicant will be required to receive an area variance for the location of the shed. 

 

 

ZBA Case No.: 47-20                                                                 Zone: RS-2

1259 Hammond Avenue                                                              Area Variance

Applicant: Asim Huskic

Owner: Asim Huskic

 

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 parking area in the front yard at the above referenced location.

 

In accordance with Section 2-29-382 of the Zoning Ordinance of the City of Utica, in residential districts or properties adjoining residential districts, parking is prohibited in all front yards. The applicant has installed a large section of concrete in the front yard of the home to allow for at least three (3) additional parking spaces.  This house is situated on a corner lot and the applicant has an existing driveway on the Arthur Street side of the home.