Greetings Neighbors,

Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, FEBRUARY 16, 2021 at 5:00 pm via Webex from Utica City Hall.  In order to access this meeting go to:

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 or concerns, contact Patti DeCarr at (315) 792-0181or pdecarr@cityofutica.com.

ZONING BOARD OF APPEALS

FEBRUARY 16, 2021

https://cityofutica.my.webex.com/cityofutica.my/j.php?MTID=m1dc51edb605deb63760f8de2ea17ae98

ZBA Case No.: 05-21                                                 Zone: RS-1/R1

41 Brookline Drive                                                      Area Variance

Applicant:  Richard Simpson

Owner: Richard Simpson

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 24’ x 24’ (576 sf) garage in the side yard of the property.  The garage will be located at the end of the paved driveway area on the Leibel Place side of the home.  In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, the minimum side yard setback shall be 5’.  The applicant is proposing to construct the garage approximately 2’ from both side yard property lines.  The applicant will be required to receive an area variance for this request.

The applicant has stated that the home has had issues with flooding and the garage will serve as a dry storage area for items that cannot be stored in the basement due to the flooding issue.

ZBA Case No.: 06-21                                                         Zone: RS-2/R1

437 Jeanette Drive                                                              Home Occupation Permit

Applicant: Kenneth Henkle

Owner: Kenneth Henkle

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

The applicant is proposing to convert a 10’ x 12’ bedroom of his home into a home office for a gun brokerage office. 

The applicant will be a broker that deals with the regulatory paperwork.  No need for guns to ever enter the house.  Most of the clients will be assisted by phone, regular mail and e-mail, little to no customer traffic will take place at the residence.  The hours of operation will be Monday – Friday; 9:00 am – 5:00 pm.  No signage will be installed. 

The applicant will be required to receive a home occupation permit with the following conditions:

1. No more than one room or 25% of the gross area on one floor of said residence, whichever is less, shall be used for such purpose. Use of accessory buildings and garages or carports, whether attached or detached, for these purposes is prohibited.
2. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating or the structure of the fire district in which the structure is located.
3. No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residents in the neighborhood.
4. There shall be no outside storage of any kind related to the home occupations.
5. No use shall create noise, dust, vibration, odor, smoke, gas, electrical interference, fire hazard, or any other hazard than can normally be expected to occur in a residential neighborhood.
6. No retail sales or displays for retail sales are permitted, except those products made at the premises.

ZBA Case No.: 07-21                                                       Zone: RM-1/RM

28-30 Scott Street                                                          Special Use Permit

Applicant: Cimbria Badenhausen

Owner: Cimbria Badenhausen

Pursuant to Section 2-29-68 of the Zoning Ordinance of the City of Utica, the applicant is seeking special use permit in order to operate a not-for-profit agency at the above referenced property.

The applicant is proposing to lease the property to the Mohawk Valley Latino Association (MVLA) to answer the needs of their community during this time of economic crisis, and beyond.  MVLA will partner with Midtown Utica Community Center (MUCC) to enhance their outreach and offer supplemental programming in workforce training, life skills, landscape design and sustainable food systems with edible landscapes.  MVLA members will lean permaculture and other frameworks for developing resilient ecosystems through the School for Ecosystem Advocacy, a program being developed for MVLA.  Cornhill is a diverse community. LaAbundancia Community Center will provide a space for residents of Cornhill to grow, prepare and eat traditional foods, celebrate holidays, the arts and the many Latino and Hispanic cultures which make the Mohawk Valley their home.

Over the next year, MVLA is launching the School for Ecosystem Advocacy.  Through this program, participants will learn to create landscapes that control stormwater, remediate toxic soil, increase soil carbon storage and create edible landscapes using permaculture design techniques.  The members of MVLA and MUCC and our neighbors in Cornhill will design the property so that it meets these goals.