November 6, 2020

Greetings Neighbors,

Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, November 17, 2020 at 5:00 pm via Webex from Utica City Hall.  In order to access this meeting go to:

According to Section 2-29-108(3)(b) of the City of Utica Zoning Ordinance, with respect to an application for a variance or special use permit, 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 feel free to Patti DeCarr at (315) 792-0181.

 ZONING BOARD OF APPEALS

NOVEMBER 17, 2020 5:00 PM

https://cityofutica.my.webex.com/cityofutica.my/j.php?MTID=m3c8a367817f1231c1cc4e6c7bd2dc5c5

ZBA Case No.: 44-20                                                            Zone: RT-1

1407, 1417, 1419 Dudley Avenue                                           Area Variance

CTM #318.82-2-31, 318.82-2-61.1, 318.82-2-27

            318.82-2-26

Applicant: John & Alicia Crosby

Owner: John & Alicia Crosby

Pursuant to Section 2-29-67(d)(1) 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 location.

The applicant has installed a 6’ wood stockade fence in the front yard approximately 2’ from the edge of the sidewalk and runs along the side property line to an existing fence in the rear of the property. In accordance with the Zoning Ordinance of the City of Utica, a maximum height of 3’ solid style fence is allowed in the front yard in a Residential Two-Family zoning district.   The applicant will be required to receive an area variance for the proposed height and location of the fence.

This meeting of October 13, 2020 was held virtually via WebEx.

No representation on behalf of the application was present on the WebEx for the meeting.

At the October meeting of the Zoning Board of Appeals, the Board voted to table the application since the Zoning Board of Appeals does not approve zoning requests in the absence of the applicant or a designated representative until the Board has had an opportunity to discuss the project with the applicant or his/her designated representative.  This applicant will be afforded the opportunity to discuss the project at this meeting.

ZBA Case No.: 48-20                                                            Zone: RS-1

756 Herkimer Road                                                                Use Variance

Applicant: Karen Corrigan-Rider

Owner: Green Garden Properties LLC

Pursuant to Section 2-29-67(d)(2) of the Zoning Ordinance of the City of Utica, the applicant is seeking a use variance in order to re-establish a single-family residential property into a multi-family structure.

The applicant is proposing to re-establish a multi-unit structure in a Residential Single Family zoning district into a 5-unit residence.  The property was previously converted to a 4-unit structure, however, has not been utilized as such since June 2012.  The applicant is also proposing to add an additional unit for their residence.

In accordance with Section 2-29-83 of the Zoning Ordinance of the City of Utica, whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished and the use of the premises thereafter shall be in conformity with the regulations of the district.  The applicant will be required to receive a Use Variance for this proposal.

ZBA Case No.: 50-20                                                                   Zone: RS-2

11 Shelly Place                                                                             Area Variance

Applicant: Smajic Construction

Owner: Frederick DeCarlo

Pursuant to Section 2-29-67(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 rear of the home at the above referenced property.

The applicant is proposing to remove an attached shed on the rear of the house and construct a 30’ x 40’ (1,200 sf) addition to the rear/side of the home.  The addition will include a 600 sf garage and a 600 sf new master bedroom.  The exterior materials will match the existing house.  There is an existing driveway which leads to this area.

In accordance with Section 2-29-172 of the Zoning Ordinance of the City of Utica, 10’ is the minimum side yard setback required in a Residential Single Family Medium Density zoning district.  The applicant is proposing to reduce the side yard setback to 5’.  Therefore, the applicant will be required to receive an area variance for this proposal. 

ZBA Case No.: 51-20                                                                     Zone: RM-1

515-519 Rutger Street                                                                  Area Variance

Applicant: William Milham

Owner: William Milham

Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to construct a shed at the above referenced location.

The applicant is proposing to construct a 12’ x 14’ (168 sf) shed on the side of this property.  The shed will be placed in line with the front of the house/garage at the edge of the pavement.  It will be located approximately 4’ from the side of the existing garage.  The shed will have an overhead door on the front of the structure. 

In accordance with Section 2-29-492 of the Zoning Ordinance of the City of Utica, the maximum size for an accessory storage structure in a residential zoning district is 100 sf.  The applicant will be required to receive an area variance to increase the size of the proposed storage unit to 168 sf. 

The property at 515 and 519 Rutger Street will need to be consolidated through the City of Utica’s Engineering Department prior to any building permit issuance.

ZBA Case No.: 52-20                                                                     Zone: OPR

2306 Genesee Street                                                                     Area Variance

Applicant: Thomas Droz

Owner: Thomas Droz

Pursuant to Section 2-29-67(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to reduce the required parking at the above referenced location.

The applicant is proposing to construct a new driveway on the north side of the property to extend from Genesee Street to the rear of the property with parallel parking on each side of the proposed driveway.  The property currently has seven parking spaces in the rear of the property.  In accordance with Section 2-29-384 of the Zoning Ordinance of the City of Utica, the minimum required parking spaces for an office use is 4.5 spaces per 1,000 square feet of open sales/display area plus one space per company vehicle.  The applicant has stated that 20 spaces would be required based on a new tenant who will be occupying the property.  The applicant will be required to receive an area variance for the reduction in required parking to 14 spaces.

In accordance with Section 2-29-382 of the Zoning Ordinance of the City of Utica, in residential districts or properties adjoining residential districts, parking is prohibited in all front yards.  In reviewing the application, it appears that the applicant is seeking parking in the front yard of the property.  Therefore, an area variance will be required for this proposal.