ZONING BOARD OF APPEALS AGENDA

COMMON COUNCIL CHAMBERS – CITY HALL

DECEMBER 17, 2024   5:00 PM

ZBA Case No.: 28-24                                                                                       Zone: RM

Address:          1130 Steuben Street                                                                  Use Variance

Applicant:        John Blonner

Owner:             John Blonner

Pursuant to Section 2-29-32(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking approval of a use variance in order to utilize the above referenced property for auto sales.

The applicant received a use variance in 1999 to operate an auto sales establishment for approximately 11 vehicles.  Since that time, there has been a lapse of use as an auto sales establishment.  In accordance with Section 2-29-62 of the Zoning Ordinance of the City of Utica, if a nonconforming use is discontinued for a period of one year (12 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.  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 re-establish the auto sales yard and expand to approximately 30 vehicles for sale at this location.  The applicant has indicated that repairs will not take place at this location.  Only interior and exterior cleaning will take place to prepare the vehicles for sale. 

The applicant was denied a use variance for the establishment of an auto sales yard at this location in September 2024 for approximately 32 cars.  The Board requested that at least 14 cars shall be removed from the property within 90 days of the September meeting.  The Board explained to the applicant that he has the right to file another use variance application to the Zoning Board of Appeals with a new plan drawn to scale with fewer proposed cars.  The applicant is now proposing 30 cars at this location. 

Any approved plan will need Site Plan review and approval from the Planning Board and will need to comply with the requirements for a parking lot in accordance with the Codes Department.

ZBA Case No.: 29-24                                                                                       Zone: RM

Address:          1309 Neilson Street                                                                  Area Variance

Applicant:        Sultan Shami

Owner:             Sultan Properties, LLC

Pursuant to Section 2-29-32(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking approval of an area variance in order to install fencing at above referenced property.

The applicant is proposing to replace an existing 6’ high chain link fence in the front of the home and in the side yards with a 6’ high solid white vinyl fence.  The proposed fence will replicate the fence that is located on the adjacent property.  The applicant has stated that he will install the new fence in line with the neighboring fence to keep the look cohesive on the block. 

In accordance with Section 2-29-185 (c)(2) of the Zoning Ordinance of the City of Utica, all fences measuring more than three feet high are prohibited in the front yard of both inside and corner lots, therefore, the applicant will be required to receive an area variance for the height of the proposed fence.