> For the complete documentation index, see [llms.txt](https://www.uppermonroe.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.uppermonroe.com/hot-topics/matters-related-to-planning-and-zoning/completed-53-avondale-park-or-application.md).

# COMPLETED: 53 Avondale Park | Application

## Background

The current owner of 53 Avondale Park recently applied to legalize a formerly unpermitted finished attic apartment he “inherited” when the property was purchased last summer.

A *prior* owner had finished the apartment & rented it out without prior approval by the City. A city inspector shut the unit down when it was discovered. The current owner purchased the property knowing it was not legal. The unit is no longer being rented.

The current legal use of the property is as a three family residence. If permission is granted for an attic apartment, the property would then permanently become a legal four family residential building.

The owner reached out by email to notify UMNA of his intent to apply for permission to change the legal use. The opportunity to talk about the application early in the process is warmly welcomed by UMNA.

**Lydia Crim**, UMNA Community Connector for the Avondale Park area and **Rome Celli**, a nearby neighbor on Werner Park, interviewed the owner by phone on March 25, 2026.

### <mark style="background-color:yellow;">UPDATE: April 23, 2026</mark>

The attic of 53 Avondale Park will not be converted to a rental apartment and the property will not be converted to a four unit building. 53 Avondale Park will remain a legal three family property.

On Monday, April 20th the City Planning Commission (CPC) held a public hearing on the application to waive certain code requirements that would allow a change in the use of 53 Avondale Park from a three family to a four family by adding an attic apartment. The application had been under review by city staff and the all-volunteer members of the CPC for several weeks after the owner submitted the application. CPC deliberations after the hearing resulted in a majority vote to deny the application.

To his credit, the owner followed all the required procedures related to the application process. In addition, the owner proactively reached out to the [Upper Monroe Neighborhood Association](https://www.uppermonroe.com/) to review the situation. As many neighbors know, property owners do not always comply with city code in cases like this one. In fact, the prior owner of 53 Avondale had finished the attic without city permission a number of years ago only to be shut down by a city inspector after-the-fact. The current owner purchased the property in 2025 knowing an attic apartment was not allowed. Since then he has not attempted to rent out or otherwise improve the attic. UMNA expressed appreciation to the owner for responsible behavior.

UMNA representative, Lydia Crim, a Community Connector in the area of Avondale Park and nearby neighbor, Rome Celli, from Werner Park spoke with the owner at length. After doing so UMNA followed its normal operating procedure to encourage residents near the property and around Upper Monroe to learn more and comment. Lydia, Rome & Avondale resident, Paul Kizior (also Secretary of UMNA) hand delivered notices to every door on Belmont, Avondale, Hinsdale and Rosedale. In addition, the twelve members of UMNA’s Leadership Team were also encouraged to offer their comments. UMNA collected comments using an online survey tool.

Comments on the matter skewed overwhelmingly in opposition to the application due mostly to parking related concerns and the already high percentage of rental units on Avondale. After reviewing comments and considering the broader issues facing our community, UMNA president, Peter House, delivered UMNA’s comments against the waivers in person at the hearing. Paul Allen, an Avondale neighbor, also presented comments in opposition to the waivers at the hearing.&#x20;

***

#### **The owner's request: To permit the conversion of a third floor attic space into one, 1-bedroom apartment, thereby creating a four-family dwelling, in a legally existing three-family dwelling, an action requiring City Planning Commission approval.**

#### <mark style="color:red;">YOU ARE STRONGLY ENCOURAGED TO READ THE OFFICIAL STAFF REPORT ASSOCIATED WITH THIS APPLICATION</mark>

{% file src="/files/9SdUPatQpkfn1UVIzuoI" %}

[**CLICK HERE TO SEND COMMENTS TO THE UPPER MONROE NEIGHBORHOOD ASSOCATION**](https://docs.google.com/forms/d/e/1FAIpQLSdJUGVD3C-sX459SgJRMTWQLJx2SQpdLCBTs3qr9SvDKPMljw/viewform?usp=header)

***

*The following is a layperson's description of the situation as described to UMNA reps by the owner of the property.*

* City permission is required because the overall size of the lot is too small for a four family under the current code. This is a very common situation for multi-family homes in UM and across the City of Rochester. Most existing multi-family homes are not required to meet the current code standard. (They are “grandfathered in”.) Adding an additional living unit triggers the rule and, by implication, requires special permission;
* In addition, the proposed apartment is smaller than what is allowed under code for a one bedroom apartment. This is due to the sloped angle/shape of the roofline that defines the space and the existing knee walls that are do not allow for a five foot ceiling height.

<div align="center"><figure><img src="/files/4f9NuYB2nC9Q4WJiAaHM" alt=""><figcaption><p>Photo above dates from 2025 (found online) with text and arrows added by UMNA</p></figcaption></figure> <figure><img src="/files/45wyLdHKzWI5PxVG5Dlv" alt=""><figcaption><p>Layout provided by owner. Does not show ceiling slope or knee walls</p></figcaption></figure></div>

***

{% file src="/files/XZgDw3pKDMLvShaPMVfc" %}
Cick on this link to open the letter and read the owner's description of his proposed project.
{% endfile %}

***

UMNA expects the unit will be required to meet applicable NYS fire code; likely involving installation of a sprinkler system and a fire safety egress (commonly a fire escape) as well as smoke and CO detection devices

The owner has indicated no additional onsite parking spaces would be required by the city even though a new living unit would be added. The owner indicated he did not plan on adding onsite parking spaces. Tenants and their guests who are unable to fit in the current onsite parking will have to park on the street.

Since the attic had been improved by the prior owner the current owner indicated there would only be minor construction to make the apartment habitable from a code compliance standpoint.

***

**The City Planning Commission (CPC) will hear public comments and rule on his application on Monday, April 20, 2026. Details below.**

**You are encouraged to submit your opinion to UMNA and to submit your comments directly to the City of Rochester. Details below.**

[**CLICK HERE TO SEND COMMENTS TO THE UPPER MONROE NEIGHBORHOOD ASSOCATION**](https://docs.google.com/forms/d/e/1FAIpQLSdJUGVD3C-sX459SgJRMTWQLJx2SQpdLCBTs3qr9SvDKPMljw/viewform?usp=header)

***

## Property: 53 Avondale Park

Exterior photos below were taken in 2025 when the property was offered for sale. Interior photos were provided by the owner and, presumably represent the current condition and configuration.

<div><figure><img src="/files/ZuJtZ0v1KXDBSygTLqZ3" alt=""><figcaption></figcaption></figure> <figure><img src="/files/vy8SAQo2eU2lSlvt85PT" alt=""><figcaption></figcaption></figure> <figure><img src="/files/Kzxy0ALl1boaysRexeut" alt=""><figcaption></figcaption></figure></div>

<div><figure><img src="/files/LJHkba71XAXtgE4Dyjhy" alt=""><figcaption></figcaption></figure> <figure><img src="/files/EecNXEzaz5Xn7QLU0I5V" alt=""><figcaption></figcaption></figure> <figure><img src="/files/pjhgsPxLGm1p1aPxx6bV" alt=""><figcaption></figcaption></figure></div>

<div><figure><img src="/files/n47U452mfDD87YDb0oNt" alt=""><figcaption></figcaption></figure> <figure><img src="/files/cHmESNVv0Uk7KP9qXCCT" alt=""><figcaption></figcaption></figure> <figure><img src="/files/Ie9XsmAHKtBaJXZoo16s" alt=""><figcaption></figcaption></figure></div>

***

[**CLICK HERE TO SEND COMMENTS TO THE UPPER MONROE NEIGHBORHOOD ASSOCATION**](https://docs.google.com/forms/d/e/1FAIpQLSdJUGVD3C-sX459SgJRMTWQLJx2SQpdLCBTs3qr9SvDKPMljw/viewform?usp=header)

Contact <umna@uppermonroe.org> if you have questions about this matter.

***

### [City Planning Commission (CPC)](https://www.cityofrochester.gov/departments/neighborhood-and-business-development/city-planning-commission) - Public Hearing Information

<figure><img src="/files/2USfhgUofyS2wCOqqXTG" alt=""><figcaption></figcaption></figure>

## How to comment on a current CPC case

1. Submit written comments by email, mail, or deliver them to City Hall.
   * **Email:** [planningcommission@cityofrochester.gov](https://mail.google.com/mail/?view=cm\&fs=1\&tf=1\&to=planningcommission@cityofrochester.gov)
   * **Mail:** Zoning Office c/o Planning Commission, 30 Church St. Rm. 125B, Rochester, NY 14614
   * **Written comment submission deadline:** close-of-business, the business day before the hearing by **4:00 P.M.**
   * Written comments must include the project address and the commentor's, first name, last name, address, and contact information.&#x20;
2. Speak at the public hearing.
   * **Location:** City Hall, City Council Chamber, 30 Church St. Rm. 302-A, Rochester, NY 14614.
   * Comments may not exceed 3 minutes in length or 10 minutes for neighborhood associations.&#x20;

***

Contact <umna@uppermonroe.org> if you have questions about this matter.

<figure><img src="/files/TCohCIsrbvCwsStTuFj1" alt="" width="188"><figcaption></figcaption></figure>


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