December 8, 2022

Greetings Neighbors,

Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, DECEMBER 20, 2022 at 5:00 pm in the Common Council Chambers of Utica City Hall.

According to Section 2-29-77 of the City of Utica Zoning Ordinance, with respect to an application for a variance, 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) 792-0181 or pdecarr@cityofutica.com.

ZONING BOARD OF APPEALS

COMMON COUNCIL CHAMBERS – CITY HALL

DECEMBER 20, 2022 5:00 PM

ZBA Case No.: 28-22                                                       Zone: NMU

2632 and 2634 Genesee Street                                         Area Variances

Applicant:  Stewart’s Shops Corp.

Owner: Vincent Carfagno, JVCAJ Corp and Jeffrey Lamandia

Pursuant to Section 2-29-32(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking area variances in order to construct a gasoline/convenience station at the above referenced properties.

The applicant is proposing to demolish the Raspberries at 2634 Genesee Street along with the residence at 2632 Genesee Street and consolidate the two lots for the purpose of constructing a gasoline/convenience station.  The proposed plan includes the construction of a 3,975 square foot, wood-framed building, three gasoline pump islands and twenty-four parking spaces.  The height of the proposed Stewart’s building is 23’9” which is less than the neighboring residential properties and similar to the existing Raspberries building.  Much of the asphalt parking lot that currently exists on the 2634 Genesee Street lot will be removed and replaced with topsoil and grass.  Ingress and egress for the proposed project will be via single curb cuts on both Genesee Street and Woodlawn Avenue – West.

In accordance with Section 2-29-126(c)(4)(B) of the Zoning Ordinance of the City of Utica, the maximum lot width permitted in a NMU zoning district is 100’.  The applicant is proposing to consolidate the two parcels which will result in a lot width of 180’.  The applicant will be required to receive an area variance for the increase in lot width.

In accordance with Section 2-29-126(c)(5)(A) of the Zoning Ordinance of the City of Utica, the front yard setback is the average of the street.  The applicant is proposing to construct the gasoline pump island 30’± from the front property line and the store will be located approximately 120’± from the front property line.  The applicant will be required to receive an area variance for the increase in the front yard setback.

In accordance with Section 2-29-126(c)(5)(B) of the Zoning Ordinance of the City of Utica, the maximum façade length permitted in a NMU zoning district is 60’.  The applicant is proposing a façade length on the store of 75’.  The applicant will be required to receive an area variance for the increase in façade length.

ZBA Case No.: 24-22                                                                 Zone: R1

102 Arlington Road                                                                    Area Variance

Applicant:  C. Lewis Tamaselli Architects

Owner: Thomas & Anne Nelson

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 construct an addition to the garage at the above referenced property.

The applicant is proposing to construct a ___ x ___ addition to the front of the garage and a ___ x _____ addition to the rear of the garage to allow the homeowner to utilize the newly renovated space for a first floor bedroom suite.   The addition will match the existing material on the garage.  The proposed addition in the front of the garage will remain in line with the existing house which is 8’ 9” from the side property line, however, the rear addition will be approximately 5’ 7” from the side property line.    

In accordance with Section 2-29-126(e)(5) of the Zoning Ordinance of the City of Utica, the minimum side yard setback is 20’ total both sides.  The applicant will only have side yard setbacks of 18’ 5” (total) at the front of the home and 15’ 3” (total) at the rear of the home.  The applicant will be required to receive an area variance for the reduction in the side yard setback.   

ZBA Case No.: 25-22                                                           Zone: RM

322 N. Oscar Street                                                             Area Variance

Applicant:  Carlo Graziadei

Owner: Carlo Graziadei

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 legitimize the construction of an addition at the above referenced property.

The applicant has commenced construction of a 34’ x 34’ (1,156 sf) one story addition to the existing structure.  The addition will extend to the north of the home.  A 16’ wide overhead door will be installed on the front of the addition.  The applicant will extend the existing driveway and utilize the same curb cut at the street for access to the addition. 

In accordance with Section 2-29-126(d) of the Zoning Ordinance of the City of Utica, the minimum rear yard setback in a Residential Mixed zoning district is 10’.  The applicant has constructed the structure on the rear property line, therefore will require an area variance for the reduction of the rear yard setback.

ZBA Case No.: 26-22                                                            Zone: UMU

107-109, 111- 113, 115, 117, 123 Seneca Street                  Temporary Use

CTM #318.043-2-59, 61, 62, 63, 64

Applicant:  Mark Mojave

Owner: Mark Mojave

Pursuant to Section 2-29-31(b)(5) of the Zoning Ordinance of the City of Utica, the applicant is seeking a approval of a temporary use at the above referenced properties.

The Zoning Board of Appeals may grant, after due notice and public hearing, the temporary occupancy and use of a structure or lot in any district for a purpose that does not conform with the district requirements provided that such occupancy and use is a temporary one and subject to any reasonable conditions and safeguards which the Board may impose to minimize any injurious effect on the neighborhood or contiguous property. The permit shall be granted for a period of 12 months and shall be renewable for a period of not more than 12 months.  The applicant will be required to receive approval from the Board for the extension after 12 months.

The applicant is requesting permission to lease the office and the vacant properties as a dispatch center for shuttle bus rentals.  No customer drop off or pick up will take place at the site. 

ZBA Case No.: 27-22                                                          Zone: RM

130 Eagle Street                                                                 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 use variance in order to operate a restaurant/banquet hall at the above referenced property.

The applicant is proposing to operate the former soup kitchen, Hope House, as a restaurant/banquet hall.  The applicant has stated that the commercial kitchen is still in place with areas for dining tables.  Three employees will operate the restaurant until which time there is a need for more staff.  The hours of operation for the restaurant will be seven days per week 9:00 am – 11:00 pm.  The banquet hall will operate Monday – Friday 9:00 am – 7:00 pm and 9:00 am – 2:00 am on the weekends. 

The applicant has stated that the second floor lacks a separate entry, therefore, cannot be utilized for residential space.  The former owner, Peter Maurin House Inc, used this space for the offices for Hope House.  The applicant has indicated that parking is available on site for customers.