ZONING BOARD OF APPEALS

COMMON COUNCIL CHAMBERS – CITY HALL

OCTOBER 17, 2023  5:00 PM

ZBA Case No.: 18-23                                                               Zone: UMU

205 Water Street                                                                     Area Variances

CTM #318.8-1-52.5 & 318.8-1-52.2

Applicant:  Amanda Potter

Owner: Potters’ Property Management LLC

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 properties.

The applicant is proposing to install a 4’ x 8’ (64 sf) double sided aluminum sign with wooden posts on each of their two properties.  In accordance with Section 2-29-134 of the Zoning Ordinance of the City of Utica, 60 sf is the maximum size permitted for a free-standing sign in an Urban Mixed Use zoning district.  The maximum area of freestanding, multitenant and projecting signs includes both sides of a two-sided sign.  Therefore the applicant will be required to receive an area variance for each sign on both properties. 

The applicant has stated that the signs will be a type of no trespassing signs to clarify the property boundaries to visitors to the area and prevent any insurance claims that can harm their business. 

ZBA Case No.: 19-23                                                           Zone: Central Business District

270 Genesee Street                                                             Area Variance

Applicant:  NBT Bank

Owner: Albert Mazloom

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 fencing at the above referenced property.

The applicant is proposing to install a 6’ high black three rail aluminum fence along the south side of the parking lot and along a portion of the front of the parking lot.  The fence will be set back 5’ from the inside edge of the sidewalk.  The fence will be similar in style to the City parking lot across the street.  The applicant has received review and approval from the City of Utica’s Scenic and Historic Preservation Commission.

In accordance with Section 2-29-185 of the Zoning Ordinance of the City of Utica, fences are not permitted within the Central Business District, therefore, the applicant will be required to receive an area variance in order to construct a fence at this location.  

ZBA Case No.: 20-23                                                          Zone: NMU

910-916 Mohawk Street                                                      Area Variance

Applicant:  Akram Alharbi

Owner: Maria Giglio

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 open a neighborhood convenience store at the above location. 

The applicant is proposing to sell exotic snacks and drinks from around the world that will provide alternative, healthier snack options. The applicant lists the following as products and services for sale: unique chips, exotic fruit and nut mixes, specialty popcorn, and an innovative snack bar. There will be no alcohol or tobacco sold.

The proposed store will operate between the hours of 10:00 AM – 10:00 PM. Trash removal will occur on Wednesday, provided by the Oneida-Herkimer Solid Waste Authority, and snow removal will be the responsibility of the owner. Five onsite parking spots will be provided.

In accordance with Section 2-29-346(d) of the Zoning Ordinance of the City of Utica, the applicant will require an area variance to operate a neighborhood convenience store at this location as several other neighborhood convenience stores are located within 2,000 linear feet of this property.

ZBA Case No.: 21-23                                                    Zone: CBD

100 Rutger Street                                                        Area Variance

Applicant:  C. Jeffrey Taw, AIA

Owner: HP Utica Preservation LLC

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 fencing at the above referenced property. 

The applicant is proposing to install a 6’ high aluminum picket style fence around the perimeter of the property to increase security for the tenants.  The owners are completely renovating the building and the grounds.

In accordance with Section 2-29-185 of the Zoning Ordinance of the City of Utica, fences are not permitted within the Central Business District, therefore, the applicant will be required to receive an area variance in order to construct a fence at this location.  

The application for the fence has received review and approval from the City of Utica’s Scenic and Historic Preservation Commission.