ZONING BOARD OF APPEALS
COMMON COUNCIL CHAMBERS - CITY HALL
JUNE 13, 2017 5:00 PM
ZBA Case No.: 21-17 Zone: RS-2
316 Richardson Avenue Area Variance
Applicant: Jeffrey Abdoo
Owner: Jeffrey Abdoo
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 an addition to a garage at the above referenced property.
The applicant is proposing to construct a 24’ x 24’ (576 sf) addition to an existing 24’ x 32’ (768 sf) garage. The exterior will match the existing materials. The addition will extend off the rear of the existing garage because the parcel is long and narrow. The addition will not be visible from the street.
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.
ZBA Case No.: 22-17 Zone: RS-1
120 Marlboro Road Area Variance
Applicant: Rosalyn Reichman
Owner: Rosalyn Reichman
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 property.
The applicant is proposing to erect a 6’ high wood shadow box style fence on the side property line in the front yard area. The fence will run 16’ along the side property line. The applicant currently has a similar portion of fencing on the other side of the property which she would like to replicate.
In accordance with Section 2-29-447 of the Zoning Ordinance of the City of Utica, all solid fences measuring more than three (3) feet high are prohibited in the front yard. Therefore, the applicant will be required to receive an area variance for the height and location of the fencing.
ZBA Case No.: 23-17 Zone: RS-2
1600 Burrstone Road Area Variance
Applicant: Bonacci Architects
Owner: Utica College
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 re-construct an air supported dome facility at the above referenced property.
An area variance was previously granted for an 81’ high air supported dome which was used for track and field, practice fields for football and soccer, and other sports and fitness activities.
The previous dome which collapsed was located behind the existing football stadium where there were practice fields. The length of the dome was 500’ and width of the dome was 270’; this width required 81’ height. In order to utilize the same footprint and the existing foundations, in accordance with International Building Code and 2016 NYS Uniform Code Supplement which has changed since the construction of the original dome regarding permissible methods of snow removal, the required dome height shall be 95’ high for the exact size of the previous dome. The new dome will provide accelerated snow shedding as follows: steeper slope, hence the increased height, increased heat and increased air pressure for a stiffer structure.
In accordance with Section 2-29-172 of the Zoning Ordinance of the City of Utica, the maximum allowed height for a structure in an RS-2 zoning district is 60’. The applicant is seeking an area variance from the height restrictions due to the collapse of the dome which will need to be rebuilt.
Pursuant to section 239 – l, - m, and – n of New York State General Municipal Law, if a municipality has adopted zoning or subdivision regulations, any such non-ministerial zoning or subdivision action must be referred to Oneida County Department of Planning for review, if such actions involve real property lying within 500 feet of the following:
A municipal boundary;
The right of way of an existing county or state road;
The boundary of a county or state park or other recreation area;
The boundary of any county or state owned property on which a public building or institution is located
ZBA Case No.: 24-17 Zone: CN
230-238 Roosevelt Drive Special Use Permit
Applicant: Abraham Fada
Owner: Ashford-Clinton Corp.
Pursuant to Section 2-29-68 of the Zoning Ordinance of the City of Utica, the applicant is seeking a special use permit in order to operate a neighborhood convenience store at the above referenced property.
In accordance with Section 2-29-4 of the Zoning Ordinance of the City of Utica, a Neighborhood Convenience Store is defined as any 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. Neighborhood convenience stores shall not include the dispensing of gasoline or other motor vehicle fuels.
In accordance with Section 2-29-605 of the Zoning Ordinance of the City of Utica, neighborhood convenience stores shall be special permit uses within the Neighborhood Commercial (C-N) Zoning District. 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. As part of the application for a special use permit to the Zoning Board of Appeals, the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries
and services (i.e., trash removal, snow plowing, etc.); provisions for parking, both on- and off-street; provisions to manage and regulate potential impacts of use, including but not limited to: litter and refuse by store patrons, excessive noise, loitering, crime prevention; signage, including both permanent and advertising/promotional signage; staffing; landscaping; and a building floor plan.
The applicant is proposing to purchase the property and utilize two storefronts for a convenience store and deli. The proposed hours of operation will be 8:00 am – 12:00 am seven days a week. The store will employ five people. They are proposing to sell groceries to include but not limited to alcohol, tobacco, lottery tickets, coffee, ice cream, snacks and hot and cold sandwiches.
The applicant has stated that parking is available on site for 25 cars. The parking lot will be paved and striped. The façade of the building will also be updated.
The applicant currently operates two other convenience stores located at 5 Oswego Street and 919 Bleecker Street.
ZBA Case No.: 25-17 Zone: CCBD/Gateway
525-527 Oriskany Street W. Use Variance
Applicant: 525-527 Oriskany St. LLC/Dr. Angela Elefante
Owner: 525-527 Oriskany St. LLC
Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking an use variance in order to operate an auto-related business at the above referenced property.
The applicant is proposing to operate an auto rental business at this location. The proposed hours of operation will be 7:30 am – 6:00 pm Monday – Friday, 8:00 am – 2:00 pm on Saturday and 11:00 am – 4:00 pm on Sunday. The applicant has stated that the site has space for parking of 80 cars and the building is approximately 1600 sf. The applicant has estimated approximately 60 vehicle rentals on Monday; 20 vehicles rentals Tues-Thurs; and 20 vehicle rentals on the weekend. The majority of customers are pick up/drop off.
The site will not have any areas for maintenance or gas facilities. The diagram submitted indicates an area for a car wash bay in the future which may require further review and approval based on the size and the setback requirements.
In accordance with Section 2-29-233 of the Zoning Ordinance of the City of Utica, the Auto Overlay (A-O) District protects and enhances older City neighborhoods along major and secondary thoroughfares or proximate to commercial and employment centers by regulating automobile uses and their potential impacts. The A-O District permits automobile-related commercial uses, such as vehicle service stations, repair stations and sales/rental operations.
This property is located in the Central Business District, however, it is not located within the City of Utica’s Auto-Overlay district, therefore, the applicant is applying for a Use Variance in order to operate this type of business at this location.
The applicant has stated that this property has previously been utilized as a Hess gas station, a Greyhound bus station and most recently, Labor Ready (a staffing company) for the past 17 years.
Pursuant to section 239 – l, - m, and – n of New York State General Municipal Law, if a municipality has adopted zoning or subdivision regulations, any such non-ministerial zoning or subdivision action must be referred to Oneida County Department of Planning for review, if such actions involve real property lying within 500 feet of the following:
A municipal boundary;
The right of way of an existing county or state road;
The boundary of a county or state park or other recreation area;
The boundary of any county or state owned property on which a public building or institution is located
ZBA Case No.: 26-17 Zone: CN
1111 Kossuth Avenue Special Use Permit
Applicant: Pasang Tamang/Mohamed Hussein Area Variance
Owner: Saratoga Cigars, LLC
Pursuant to Section 2-29-68 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 property.
In accordance with Section 2-29-4 of the Zoning Ordinance of the City of Utica, a Neighborhood Convenience Store is defined as any 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. Neighborhood convenience stores shall not include the dispensing of gasoline or other motor vehicle fuels.
In accordance with Section 2-29-605 of the Zoning Ordinance of the City of Utica, neighborhood convenience stores shall be special permit uses within the Neighborhood Commercial (C-N) Zoning District. 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. As part of the application for a special use permit to the Zoning Board of Appeals, the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries
and services (i.e., trash removal, snow plowing, etc.); provisions for parking, both on- and off-street; provisions to manage and regulate potential impacts of use, including but not limited to: litter and refuse by store patrons, excessive noise, loitering, crime prevention; signage, including both permanent and advertising/promotional signage; staffing; landscaping; and a building floor plan.
The applicant is proposing to operate a small grocery store serving the Nepali community. The proposed hours of operation will be 8:00 am – 10:00 pm seven days a week. They anticipate two or three employees at this location. The store will not sell beer, cigarettes or lotto.
ZBA Case No.: 27-17 Zone: RS-2
405 Brody Drive Area Variances
Applicant: Sarah Haddad
Owner: Sarah Haddad
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 10’ x 12’ (120 sf) shed in the rear of the property. The applicant has stated a need for storage due to the limited space of the one stall garage. The shed will be vinyl sided and have one overhead door.
In accordance with Section 2-29-491 of the Zoning Ordinance of the City of Utica, 100 sf is the maximum allowable size for an accessory structure in a residential zoning district. The applicant is seeking an area variance in order to increase the size of the shed 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 (6) feet in height shall be located closer than a distance equal to its height from any side or rear property line. The height of the shed is 10’. The applicant has approximately 5’ from the side property line, therefore, the applicant will require an area variance for the reduction in the side yard setback.
ZBA Case No.: 13-17 Zone: RT-1
1543 Miller Street Use Variance
Applicant: Ramon Collado
Owner: Ramon Collado
Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking an use variance in order to legitimize the conversion of a two-family home to a four-family home at the above referenced property.
The applicant has recently converted a two-family home into four one-bedroom units. The applicant has stated that it was difficult to rent the property as a two-family structure. The applicant feels that one-bedroom units are in high demand in that area.
In accordance with Section 2-29-173 of the Zoning Ordinance of the City of Utica, only single-family and two-family homes are permitted in a Residential Two-Family zoning district. The applicant is required to receive a use variance in order to legalize the conversion of this property.
