ZBA 11-16-21

Zoning Board meeting

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NOVEMBER 16, 2021 5:00 PM


ZBA Case No.:  32-21                                                            Zone: R1

503 Pleasant Street                                                                Area Variance

Applicant:  Placido Heraclio

Owner: Placido Heraclio

Pursuant to Section 2-29-67(4)(a) 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 property.


The applicant has installed a 6’ high wood stockade fence in the front yard on the Taylor Avenue side of the property.  The fence is approximately 2’ from the inside edge of the sidewalk. 


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



ZBA Case No.:  32-21                                                             Zone: RM

Arnold Avenue/2012 Sunset Avenue                                          Use Variance

CTM #329.008-1-19, 329.008-1-20,


Applicant:  David Kleps/C2C Construction

Owner: Sturges Manufacturing

Pursuant to Section 2-29-67(4)(b) of the Zoning Ordinance of the City of Utica, the applicant is seeking a use variance in order to expand a legal non-conforming use in a Residential Mixed (RM) zoning district at the above referenced properties. 


In accordance with Section 2-29-82 of the Zoning Ordinance of the City of Utica, a nonconforming use shall not be expanded beyond the area of the existing structure in which the use is located, unless granted a use variance from the Zoning Board of Appeals.


The applicant is proposing to construct a 265’ x 40’ (10,600 sf) addition to the rear of the existing building.  The expansion will be added to the existing manufacturing facility and will be constructed with a corrugated exterior metal siding.  The pitch of the roof will match the existing structure.  The addition will extend along the rear of the building and on to two adjacent vacant lots on Arnold Avenue. 


This addition will eliminate the current truck and forklift traffic on the existing pavement at the west side of the existing building for the dumpster.  The dumpster will be relocated to the south side on the existing paved area adjacent to the existing truck dock.   The hours of operation will remain as the existing hours currently.   


In accordance with Section 2-29-585 of the Zoning Ordinance of the City of Utica, when a commercial use adjoins a R1 or RM district, a solid six-foot high fence, measured above the existing grade, shall be erected along any lot line that adjoins said residential district with the exception of the front lot line and corner side lot line.  The applicant will be required to erect a fence along the rear property line on Sunset Avenue and the side yard property lines on Arnold Avenue.