By STEVE JONES Staff writer
The Common Council chambers will be packed again when a developer seeking to put a bar and restaurant with adult entertainment on Greenway-New London Road goes back in front of the Zoning Board of Appeals on Wednesday, April 3.
The five-member volunteer board will meet at 6:30 p.m. on April 3 at City Hall.
When the appeal by Kyle Endemann of Oneida was first heard, over 150 people packed the chambers, virtually all of whom were opposed to the idea.
Endemann has a purchase offer on a property at the intersection of Route 365, a plot owned by Russell Johnson, a former ZBA member.
The building would be 4,500 square feet, with a 62-vehicle parking lot.
Adult entertainment is already allowed in the area based on the zoning — due to being isolated from residences, schools, religious sites and public parks. Endemann needs a use variance for permission for the bar and restaurant, which are not allowed there because of the zoning, which is F-1, a code defined mostly by agricultural uses.
Endemann or his attorney, David G. Goldbas of Utica, must make a case by covering all five terms of a use variance. The key component in this case seems to be whether the new use will alter the character of the neighborhood. That was the argument used by many of the opponents who spoke out against it at the February meeting.
The type of adult entertainment Endemann is proposing at the business is defined within the city’s code for such uses as "adult cabarets" — nightclub, bar, restaurant or similar which features live performances characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
By board rules, an item can be tabled twice without action before it must either be acted upon or dismissed, though the board can choose to leave it tabled for up to two more meetings. Likely this appeal will be dealt with one way or another at the April 3 meeting.
Another tabled item can also be heard April 3. In March, the board tabled half of a two-part request from Dominick St. Properties regarding the parcel at 5655 Rome-Taberg Road. The company obtained a special use permit to establish used car sales, though the permit does not allow for body work or collision repair. The approval did include one requirement: that the company install a 6-foot-high fence on the east side to protect the residence on its border. Dominick St. Properties still needs a use variance for permission to establish a repair service with body work and collision repair. The board tabled that request so that the new owners could provide financial details necessary for approval — evidence that a reasonable return could not be achieved with an allowed use.
Here are the new agenda items, all of which are two-part requests:
¿ Lisa Holmes, 102 E. Sycamore St., needs two area variances to build a split-level deck. One is for permission to reduce the required 10-foot set back to six inches for the construction of a deck more than three feet above grade. The other is for permission to reduce the required five-foot set back to six inches for the construction of a deck less than three feet above grade. The single-family dwelling is assessed for $65,800, according to city records.
¿ Bruce and Lisa Nelson, with interest in property on South James Street, need a use variance for permission to establish a mini storage facility on a new 200-by-180-foot pad with four 120-by-20-foot storage buildings on it. They also need an area variance for permission to install crushed stone. The 4.36-acre vacant parcel is assessed for $14,000.
¿ Jerry Jones, owning property at 6639 Bartlett Road, needs a use variance for permission to establish a used automobile sales location with two display areas. He is also seeking an area variance for permission install an eight-foot-tall fence in the front, side and rear yards. The parcel has a single-family dwelling and is assessed for $84,700.