ZBA 9-15-26

Zoning Board meeting

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September 2, 2026

 

 

 

Greetings Neighbors,

 

Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, SEPTEMBER 15, 2026 at 5:00 pm in the Common Council Chambers of Utica City Hall.

 

According to Section 2-29-77 of the City of Utica Zoning Ordinance, with respect to an application for a variance, 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 or concerns, contact Patti DeCarr at (315) 792-0181 or pdecarr@cityofutica.com.

ZONING BOARD OF APPEALS AGENDA

COMMON COUNCIL CHAMBERS – CITY HALL

SEPTEMBER 15, 2026   5:00 PM

 

ZBA Case No.: AV-26-003                                                                              Zone: RM

Address:          1200-1202 Howard Avenue                                                      Area Variance

Applicant:        Teoka Muhammad

Owner:             Courtney Muhammad

 

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 legitimize the installation of a fence at the above referenced property.

 

The applicant has installed a 6’ high solid wood fence to replace a damaged 3’ high picket style fence that was originally on the property but deteriorated due to age and repeated car crashes.   The 6’ high fence runs along the sidewalk back approximately 2’ on Howard Avenue and extends around to Eagle Street to the neighboring side property line.

 

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 fence. 

 

The applicant has complied with Section 2-29-181(b) of the Zoning Ordinance of the City Utica, which states in the RM and R1 Districts no obstruction to vision, other than an existing building, post, column or tree, exceeding 24” inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their points of intersection.

 

 

ZBA Case No.: AV – 26-0004                                                                          Zone: CBD

Address:          343-345 Bleecker Street                                                            Area Variance

Applicant:        Waleed Saleh

Owner:             Joel DeJesus Castro

 

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 establish a neighborhood convenience store at the above referenced property.

 

The applicant is proposing to open a new neighborhood convenience store which will operate strictly as a retail provider of pre-package snacks, confections, and sealed beverages.

 

The applicant will be required to receive an area variance for the measured distance to another neighborhood convenience store.  In accordance with Section 2-29-346(d) no such use shall be located within 2,000 linear feet of a similar existing use regardless of the zoning district in which such existing use is located and measured from lot line to lot line.

 

In accordance with Section 2-29-246 (c) of the Zoning Ordinance of the City of Utica, the applicant will be required to file an application with the Planning Board for a Special Use Permit.  s part of the application for a special use permit the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries and services (i.e., trash removal, snow plowing, etc.); provisions to manage and regulate potential impacts of use, including but not limited to: litter and refuse by store patrons, excessive noise, loitering, crime prevention; signage, including both permanent and advertising/promotional signage; staffing; landscaping; and a building floor plan.