ZONING BOARD OF APPEALS
COMMON COUNCIL CHAMBERS – CITY HALL
MARCH 21, 2023 5:00 PM
ZBA Case No.: 27-22 Zone: RM
130 Eagle Street Rehearing/Use Variance
Applicant: Bryan Macancela
Owner: Bryan Macancela
Pursuant to Section 2-29-32(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking a rehearing/use variance in order to operate a restaurant at the above referenced property.
The Board voted to deny the use variance at the January meeting as there wasn’t any representation from the applicant, no floor plan submitted, no code review was submitted, and the use variance criteria was not addressed as previously requested by the Board at the December Zoning Board of Appeals meeting.
The applicant is now proposing to operate a restaurant at this location. The proposed hours of operation are Tuesday through Sunday from 10:00 am – 9:00 pm – closed Mondays.
The second floor apartment will be brought into code compliance by meeting both the exiting and fire separation requirements of the NYS building code.
The applicant has now submitted the information requested by the Board (floor plan, code review and use variance criteria).
In accordance with Section 2-29-34 of the Zoning Ordinance of the City of Utica, a motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
The Board voted to rehear the application. Chuck Tomaselli represented the applicant at the meeting. He explained that the restaurant can only accommodate up to 50 people. No alcohol will be served at this location. Mr. Tomaselli stated that there are 13 off-street parking spaces available along with on-street parking.
The Board voted to once again to table the application for a use variance and requested that the applicant be present or available at the next meeting and the applicant shall submit an interior layout of the proposed restaurant indicating the number of patrons and tables, etc. The Board discussed the options of no access from the rear of the property; no alcohol will be served; and possible fencing separating the residential properties around the parcel.
ZBA Case No.: 03-23 Zone: Industrial
1002 Oswego Street (1001 Noyes Street) Area Variance
Applicant: Upstate Cerebral Palsy, Inc.
Owner: 1002 Oswego St. LLC
Pursuant to Section 2-29-32(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.
In accordance with Section 2-29-134 of the Zoning Ordinance of the City of Utica, the maximum size for a wall sign in an Industrial zoning district is 90 sf. The applicant is proposing to install two large wall signs on two sides of the new building. The applicant will be required to receive an area variance for the increase in the proposed signage.
The first sign will be on the front of the building and will be approximately 298 ± SF and will read Giotto Center Community Health & Behavioral Services. The sign will be LED internally illuminated channel lettering with the company logo incorporated.
The second sign will be on the south side of the building which fronts on Oswego Street for the traffic heading northbound. This sign will be approximately 128 ± SF and will read Giotto Center Community Health & Behavioral Services. The sign will be LED internally illuminated channel lettering with the company logo incorporated.
ZBA Case No.: 05-23 Zone: R1
54 Sunnyside Drive Area Variances
Applicant: Henry Donlon
Owner: Henry Donlon
Pursuant to Section 2-29-32(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to install a swimming pool and erect a fence at the above referenced property.
The applicant is proposing to install a 16’ x 32’ in-ground pool on the side of the home. The parcel that the house is located on is a triangular shaped lot. In accordance with Section 2-29-184 of the Zoning Ordinance of the City of Utica, private pools shall not be located within a front yard in any district. Since this property is considered to have two front yards because of the shape of the parcel, the applicant will be required to receive an area variance for the proposed location of the swimming pool.
The applicant is also proposing to install a 6’ high privacy fence 2’ from the property line which will encompass a portion of the property behind the house along with the area around the proposed swimming pool on the side of the house. In accordance with Section 2-29-185 of the Zoning Ordinance of the City of Utica, all solid fences measuring more than three feet high are prohibited in the front yard. The applicant will be required to receive an area variance for the increased height of the fence since this property is considered to have two front yards because of the shape of the parcel.
In accordance with Section 2-29-181 of the Zoning Ordinance of the City of Utica, in the RM and R1 Districts no obstruction to vision, other than an existing building, post, column or tree, exceeding 24 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their points of intersection. The applicant has proposed to keep the proposed fence behind the 30’ triangle which is required for visibility.
