ZONING BOARD OF APPEALS

COMMON COUNCIL CHAMBERS – CITY HALL

FEBRUARY 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 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).

ZBA Case No.: 01-23                                                        Zone: NMU

517 Albany Street CTM #319.53-2-62                               Use Variance/Area Variance

Applicant:  Michael Maugeri

Owner: Michael Maugeri

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 construct an addition on the existing auto repair/body shop at the above referenced location.

In accordance with Section 2-29-62(b)(1) of the Zoning Ordinance of the City of Utica, a nonconforming use, which existed at the time of adoption of this chapter, may be expanded within any portion of the existing structure in which it is located upon site plan review and approval from the Planning Board. 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 has stated that their previous business was located within the new hospital footprint and were forced to relocate.  This addition will allow the applicant to consolidate the shops under one facility.

The applicant is proposing to construct a 65’ x 75’ (4,900 sf) addition to the existing auto related use at this location.  The proposed addition will be 10’ from each property line.  In accordance with Section 2-29-126(C)(5)(B) of the Zoning Ordinance of the City of Utica, the maximum façade length for a structure in a Neighborhood Mixed Use zoning district is 60’, therefore the applicant will be required to receive an area variance for the increased overall size of the façade length.

There will be one additional 14’ x 14’ overhead door on the Albany Street side of the building.  A 12’ x 10’ overhead door will be installed on the Bleecker Street side of the building.   The exterior of the addition will match the materials of the existing building. 

ZBA Case No.: 02-23                                                    Zone: UMU

350 Leland Avenue                                                        Area Variance

Applicant:  Utica Sign and Graphics

Owner: Charlie DiGristina

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 Urban Mixed Use zoning district is 60 sf.  The applicant is proposing to replace the existing sign and install an 80 sf internally illuminated sign above the storefront.  The sign will be red and black with white lettering.  The applicant will be required to receive an area variance for the increase in size from 60 to 80 sf.