December 3, 2020
Greetings Neighbors,
Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, DECEMBER 15, 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=mc7dc720fbab1cb347486be16978691d5
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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
DECEMBER 15, 2020 5:00 PM
https://cityofutica.my.webex.com/cityofutica.my/j.php?MTID=mc7dc720fbab1cb347486be16978691d5
ZBA Case No.: 48-20 Zone: RS-1
756 Herkimer Road Use Variance
Applicant: Karen Corrigan-Rider
Owner: Green Garden Properties LLC
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 re-establish a single-family residential property into a multi-family structure.
The applicant is proposing to re-establish a multi-unit structure in a Residential Single Family zoning district into a 5-unit residence. The property was previously converted to a 4-unit structure, however, has not been utilized as such since June 2012. The applicant is also proposing to add an additional unit for their residence.
In accordance with Section 2-29-83 of the Zoning Ordinance of the City of Utica, whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished and the use of the premises thereafter shall be in conformity with the regulations of the district. The applicant will be required to receive a Use Variance for this proposal.
ZBA Case No.: 53-20 Zone: RT-1
1010 State 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 subdivide a parcel at the above referenced property.
The applicant is proposing to subdivide a parcel which is currently 40’ x 107’ into two substandard lots which will measure 40’ x 50’ and 40’ x 57’. In accordance with Section 2-29-173 of the Zoning Ordinance of the City of Utica, the minimum lot size for a single family home in a Residential Two-Family zoning district is 50’ x 100’ or 5,000 sf. The applicant will be required to receive area variances for the creation of two substandard lots.
The applicant is proposing to construct a small home on the lot in the rear of the property. Both properties will share an existing driveway.
ZBA Case No.: 54-20 Zone: CN
2019 Sunset Avenue Special Use Permit/Area Variance
Applicant: Yahya Kassim
Owner: Yahya Kassim
Pursuant to Section 2-29-605 and 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking a special use permit and an area variance in order to operate a neighborhood convenience store at the above referenced location.
The applicant is proposing to operate a neighborhood convenience store with two employees seven (7) days a week from 8:00 am – 11:00 pm. Deliveries will occur between the hours of 8:00 am and 6:00 pm. The applicant has stated that there are five (5) off-street parking spaces available along with on-street parking across the street. The applicant is proposing to install trash/garbage receptacles in the door. Security cameras will be installed on site. The existing signage will be revised with new faces.
A neighborhood convenience store is defined as a retail sales business of less than 6,000 square feet of gross floor area per floor which specializes in providing household products and foods and may also provide for any or all of the following as an accessory use: the sale and/or rental of audio/video recordings of any format, provided that an adult-oriented business is specifically prohibited; the preparation and sales of delicatessen sandwiches and foods; and the use of no more than two amusement devices such as pinball machines, video games or other similar devices.
In accordance with Section 2-29-605 of the Zoning Ordinance of the City of Utica, no such use shall be located within 2,000 linear feet of a similar existing use regardless of the zoning district in which such existing use is located and measured from lot line to lot line. The applicant will be required to receive an area variance for the location of the store.
ZBA Case No.: 55-20 Zone: RT-1
1320 Rutger Street Area Variance
Applicant: Pavel Stoyan
Owner: Pavel Stoyan
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 install a fence at the above referenced property.
The applicant currently has a 6’ high white vinyl fence along the side of the property. They are proposing to continue the existing fence along the property line to extend out toward the sidewalk. This will only be an addition of three (3) new panels. The fence will not run along the sidewalk.
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.
