ZBA 1-17-23

Zoning Board meeting

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JANUARY 17, 2023  5:00 PM


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 Board voted to table the application at the December meeting and requested that the applicant bring the leasee with him to the next meeting along with submit the answers to the criteria for a use variance.  The Board would like the applicant to eliminate the banquet hall portion of the application and submit details of the liquor license, a floor plan and a code review.


The applicant is now proposing to open a take-out style restaurant with only a few tables to dine-in at this location.  The proposed hours of operation are Tuesday through Sunday from 10:00 am – 9:00 pm – closed Mondays.  It will be named Cory’s Cookup.  There will be three employees and will be family owned.  No alcohol will be served at this location. 


The applicant previously was 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. 


During the Zoning Board of Appeals meeting on December 20, 2022, Bryan Macancela presented the application to the Board.  He stated that they have 12 parking spaces available for the business.  They explained that the industrial kitchen equipment is still in place.  Mr. Macancela stated that a previous food truck owner is looking to lease the space.


Several neighbors spoke in opposition to the proposed project. 


The Board had questions to whether or not alcohol will be served and who will retain the liquor license for this business.  Also had questions for Dan Cozza, Chief Building Inspector, regarding fire separation for the two floors along with sprinkler requirements.