ZONING BOARD OF APPEALS

COMMON COUNCIL CHAMBERS - CITY HALL

JULY 11, 2017  5:00 PM

ZBA Case No.: 34-16                                                                                     Zone: OA

1404 Genesee Street                                                                                       Special Use Permit/Area Variance

Applicant: C. Lewis Tomaselli Architects

Owner: Catholic Charities

The applicant is seeking an extension of one year from this date for the approved Special Use Permit and Area Variance which were granted on July 12, 2016.  The project did not receive the necessary funding from the Homeless Housing and Assistance Program (HHAP) and will be re-applying for funds.

Pursuant to Section 2-29-68 of the Zoning Ordinance of the City of Utica, the applicant is seeking a special use permit and an area variance in order to operate a mission at the above referenced property.

The project will require substantial rehabilitation to accommodate the emergency shelter program with 13 beds, as defined as a mission in accordance with the Zoning Ordinance of the City of Utica.  This will require a
Special Use Permit from the Zoning Board of Appeals. 

The shelter will be for runaway and homeless at risk 12-18 year old male youths.  There will be staff on site at all times with counseling and family meeting space located on the accessible first floor and staff office space located on the second and third floor.  The third floor is also being considered for transitional apartment space. 

The existing off-street parking will be re-striped to conform to the City’s parking requirements, including the addition of a handicap drop off zone at the rear entry of the building, some new sidewalks and landscaping.  The parking lot is accessed through a driveway off Genesee Street on Catholic Charities adjoining property. 

A new entry canopy will be added to the rear of the building for new accessible entry to provide protection from the elements.  This addition will require an area variance for the reduction in the side yard setbacks from 20’ to 12’-9” and 17’-5”.

The applicant is seeking an area variance for the maximum lot coverage in an Office/Apartment zoning district.  The proposed lot coverage will be 21.7% where 20% is the maximum percent allowed.

Representatives from C. Lewis Architects and Catholic Charities presented the application to the Board.  The representatives reiterated that this facility will be staffed 24 hours a day and is located directly next door to their offices.   The maximum stay for the youths will be one month and then are either reunited with family or referred to transitional housing facilities.  They stated that the closest location for a similar service is Syracuse or Albany.  The youth will be referred from school administration, law enforcement, or other agencies serving youth in the community.  During the day, the youth will be in school or during holidays and vacations, the youth will participate in tutoring, educational activities or community service projects.  A curfew is in place for the evenings for the participants.

There were approximately 15 people present in favor of the application.  On July 12, 2016, the Board voted to approve the Special Use Permit and Area Variance as requested.

ZBA Case No.: 28-17                                                                                     Zone: RS-2

445 Van Roen Road                                                                                       Area Variance

Applicant: My Ly Nguyen

Owner:  My Ly Nguyen

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 construction of a shed at the above referenced property.

The applicant has constructed a 12’ x 24’ (288 sf) shed several years ago, however they have recently enclosed a portion which was open for a patio.  In accordance with Section 2-29-491 of the Zoning Ordinance of the City of Utica, 100 sf is the maximum allowable size for an accessory structure in a residential zoning district.  The applicant is seeking an area variance in order to increase the size of the shed to 288 sf.

In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure or use which exceeds six (6) feet in height shall be located closer than a distance equal to its height from any side or rear property line.  The height of the shed is 10’.   The applicant has approximately 5’ from the rear property line, therefore, the applicant will require an area variance for the reduction in the rear yard setback.

ZBA Case No.:  29-17                                                                                                Zone: RT-1

1601, 1603, 1605, 1609 St. Agnes Ave, 1606 St. Jane Ave,

CTM #330.34-4-8, CTM #330.42-2-55, CTM #330.42-2-56                         Special Use Permit

Applicant: Kathy Hughes      

Owner: Gospel Light Baptist Church

Pursuant to Section 2-29-68 of the Zoning Ordinance of the City of Utica, the applicant is seeking a special use permit in order to establish a day care center/pre-school at the above referenced addresses.

In accordance with Section 2-29-173 (d)(6) of the Zoning Ordinance of the City of Utica, a day care center is a specially permitted use within a residential two-family zoning district.

The applicant has proposed to operate a day care/pre-school center at this location which was previously a church and an elementary school.  The applicant is proposing hours from 9 am – 2 pm for the pre-school and flexible hours for the day care, based on the needs of the parents.  They are proposing approximately 94 children in attendance and 29 employees at this site.  They will be utilizing the former school building which has delineated classrooms.

A 40’ x 100’ parking lot across St. Agnes Avenue is available for the parking requirements which are one space per employee plus one space per every 10 children or students.

ZBA Case No.: 30-17                                                                                     Zone: RS-2

1300 Woodbury Rd/506 Keyes Road                                                                        Area Variance

Applicant: Dino Duracak

Owner: Dino Duracak

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 install a pool at the above referenced property.

The applicant is proposing to install a 15’ above ground pool in the rear of the property.  The pool will be located between the newly constructed deck and the existing fence in the rear.  In accordance with Section 2-29-601(c)(2) of the Zoning Ordinance of the City of Utica, the swimming pool shall be not less than eight feet from any lot line as the lines relate to the principal structure or accessory structure. Distance to the lot line shall be measured from the rim of the pool.  The applicant is proposing to locate the pool approximately 4’ from the rear property line.  The applicant is requesting an area variance to reduce the rear yard setback from 8’ to 4’.

ZBA Case No.: 31-17                                                                                     Zone: OPR

2307 Genesee Street                                                                                       Area Variance

Applicant: Andrew Kinney

Owner:  John C. Calogero

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 employ additional professionals at the above referenced property.

In accordance with Section 2-2232(h)(1), (2) of the Zoning Ordinance of the City of Utica, there shall be a maximum of two professionals allowed per lot, regardless of the size of the lot and provided that the density standards are maintained 8,500 square feet of lot area per professional.

The applicant is proposing to have three (3) full-time professionals and two (2) part-time professionals on staff at this location.  The part-time staff will be on premise on Saturdays from 8 am – 12 pm. 

ZBA Case No.: 32-17                                                                                     Zone: RS-1

712 Locust Drive                                                                                            Area Variance

Applicant: Rick Dennea

Owner: Anthony DeFazio

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 deck at the above referenced property.

The applicant is proposing to remove the existing concrete stairs and construct an 8’ x 16’ deck to the front of the property.   In accordance with Section 2-29-171(f)(6)(a) of the Zoning Ordinance of the City of Utica, the minimum front yard setback in a residential single family zoning district is 25’.  The applicant is proposing to have approximately 17’ from the edge of the city right-of-way to the edge of the deck.  The applicant will be required to receive an area variance in order to reduce the front yard setback from 25’ to 17’.

ZBA Case No.: 33-17                                                                                     Zone: I-1

2101 Oriskany St/2160 Erie Street                                                                 Area Variance

Applicant: Amerco Real Estate

Owner: 2160 Erie, LLC

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 install signage at the above referenced property.

The applicant is proposing to install signage on the newly located UHAUL facility at the above referenced property.  On the East elevation (198 sf), the signage will include (1) 7’ x 12’ facial illuminated sign, (3) 2’ x 9’ black facial mounted signs, (1) 9” x 2’ building address and (1) 29’ x 2’ white facial sign; the West elevation (30 sf) will include (1) 2’ x 15’ facial non-illuminated sign; and the South elevation (102 sf) will include (1) 2’ x 15’ facial non-illuminated sign and (1) 2’ x 36’ facial non-illuminated sign.  Total square footage of signage will be 330 sf. 

In accordance with Section 2-29-340 of the Zoning Ordinance of the City of Utica, the maximum area for signage in a light industrial zoning district is 90 sf.  The applicant will be required to receive an area variance to increase the area of signage to 330 sf.

 ZBA Case No.: 34-17                                                                                     Zone: RT-1

1210 City Street                                                                                              Area Variance

Applicant: Patrick Morgan

Owner: Patrick Morgan

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 construction of a shed at the above referenced property.

The applicant has installed an 8’ x 10’ shed in between his home and the property next door.  Due to the limited available space on this parcel, the applicant positioned the shed approximately 3’ from the neighboring property. 

In accordance with Section 2-29-495 of the Zoning Ordinance of the City of Utica, no accessory structure or use which exceeds six (6) feet in height shall be located closer than a distance equal to its height from any side or rear property line.  The height of the shed is approximately 8’.   The applicant has approximately 3’ from the side property line, therefore, the applicant will require an area variance for the reduction in the side yard setback.