mix place

A potential snag to proceed with rezoning a section of Mix Place was fairly quickly remedied during Tuesday’s Planning & Development Committee meeting. 

Earlier this year, Edwin Smart had filed a petition to rezone his property at 4 Mix Place to allow him to convert the one-family dwelling into a professional architectural office building. Smart has requested that the words “and other similar professionals” be included in the permit that allows for offices for attorneys, physicians and/or dentists, not exceeding four offices in a single structure. 

He would like to operate his Smart Design architecture firm on the premises, and he purchased the property with that goal in mind. 

Smart had sent out a letter to the surrounding neighborhoods earlier this summer to introduce himself and his intentions and to offer residents the opportunity to call or email him with questions, comments and concerns. 

He had previously said that he has only heard positive feedback; however, he and the committee discussed the lack of response from Mike Ognibene, the property owner of 1 Mix Place, which is listed on the petition for rezoning.

“One thing that we have outlined in the application, I think, is there is no negative impact to Mr. Ognibene and his properties. He hasn’t expressed an opinion either way.  So my attorney, using the Whiting Law Firm out of Le Roy, they actually did get him on the phone. He was noncommittal,” Smart said. “And then we did send him information and asked for an affidavit. And he just never, after that initial conversation, he never responded. And we tried for several months, probably three months. And we actually tried to motivate him to do this by contacting his attorney in a very friendly way.

“This would actually bring his apartment building into compliance. And 1 Mix is a single-family residence originally back there as well,” he said.

That was a good point, Committee Chairman Duane Preston said.

“Why is 1 Mix being considered at this point? Why can’t we keep that R-1?” Preston said.

Smart wasn’t sure why, only that “that’s what I was counseled to do.”

Smart’s request first went to City Council, and the recommendation from city management was to consider including 1 and 3 Mix, a single-family residence, and a two-building, eight-unit apartment building to bring them into the R-3 district for zoning compliance. 

Code Enforcement Officer Doug Randall said that those addresses were on the paperwork “that we received from the applicant.” A committee member then suggested excluding some of that information.

“Absolutely, my recommendation would be to approve the application with the exception of 1 Mix Place,” Randall said. 

Smart had no issue with that.

“I’m eager to get started,” he said, answering The Batavian after the meeting about what happens next. “So I'm not 100 percent certain yet. I think what they just voted on is to make a referral back to City Council, I believe this still has to go in front of the county after this stage, which I think is, it's very standard procedure. And I'm hoping that everybody is supportive and that the City Council votes for the zoning change.

“And then from there, it becomes a more typical building permit process. That's where I would take the drawings that we've come up with and submit them to the building department, and then we will have to go through a special use permit per the zoning law,” he said. “And that's where, again, we hope that language change includes us because, you know, I'm not a dentist or a doctor.”

When Ed Smart initially saw his prospective new abode at 4 Mix Place, there was an obvious misgiving about the place.

“The first time I walked through it, it was raining inside the building,” he said during an interview with The Batavian Wednesday. “We appreciate beautiful buildings, so I'd love to see this thing restored to its glory and then some. It's just a beautiful piece of property. And, you know, over the time that I have owned it, I've invested in it, even without being able to use it, until I know I can use it for the use I want.”

And what he wants, which he has officially requested as smartDESIGN Architecture with a letter to the city, is to move his architectural company into the premises that are zoned residential 1A and obtain a zoning code update to amend that to residential 3 to allow for professional offices in that section of the city.

Smart is requesting to amend a section in the zoning code to read “offices for attorneys, physicians, dentists, another similar professional, not exceeding four offices in a single structure.” The current code does not include “and other similar professionals” in that section.

City Manager Rachael Tabelski recommended to City Council this week that if the group opted to grant the request, it may also want to consider including 1 Mix, a single-family residence, and 3 Mix, a two-building, eight-unit apartment building, to bring them into the R-3 district for zoning compliance.

Smart wants to bring his staff of about 11 people plus himself — give or take, depending on business needs at any given moment —  and set up shop at the Mix Place site.

Formerly a residence with ample grounds and gardens, trees and smaller buildings, the site was built in 1809 by Ebenezer Mix, and has been a single-family residence and fixture for decades, until the last several years, when left unoccupied it has been vandalized, heavily damaged, and then discovered by Smart. It failed to sell at an auction before he made an offer and purchased it about two years ago, he said.

“I fixed quite a few things that needed attention. There were thieves and vandals that got in there and stole the copper, and they left a big hole in the roof where they ripped the vent stack out of the roof water had just been dumped in there, and it completely destroyed two rooms, and it partially destroyed a couple of others. 

"So I fixed the roof, it was all hot water heat before, which of course, was covered, so I got some heat in there and then also ran dehumidifiers around the clock for months, actually. So then dried it out. And so it's been warm and dry,” he said. “And, then also, we've done some maintenance around the property. So, again, just trying to be a good neighbor, before we can get in there, we took out a whole lot of dead trees, where limbs were falling and things like that, but maintaining the attractive trees that are in there, with no intention of clear-cutting like that it’s too beautiful of a yard. We recently put a roof on the shed … and are working on a roof now for the little gazebo in the back, which is a beautiful little building, so I keep trying to keep things neat over there.”

He sent out a letter to the surrounding neighborhoods earlier this month to introduce himself and his intentions and to invite residents the opportunity to call or email him with questions, comments and concerns. To date, he has only heard positive feedback, he said.

SmartDESIGN does not get a lot of in-person visitors, he said, and oftentimes staff is off-site to tend to customer needs, so he does not expect there to be an issue with traffic. One employee works in Arizona, two others in Central New York that commute one day per week, and remote work is encouraged, he said. The company has been located on Harvester Avenue in Batavia for 19 years.

His firm “delivers architectural and design services throughout the United States,”  he said in his application. “On an average day, there will be five to seven people in the office. With a full office, parking for 10 vehicles would be necessary and can be accommodated at the property.

His intent is to maintain the historic character of the building, he said, including “all roofs, windows, doors, siding and shutters” that will be repaired, and “the entire building will be painted with a “historically-appropriate color palette.”

Despite that first glimpse of a raining interior, why here?
“So when I made the decision that I was going to start looking, (4 Mix Place) popped up on our radar, and we went and took a look … nobody else really had the will to take this project on. There's certainly people that have the finances, but those people didn't have the will. So this is something where I really, really liked this building, I really liked that spot in the city. I think our use is a good fit for the community, and I think we can bring that building back to its past glory,” Smart said. “I would like to have a community opening next year to celebrate our 20th anniversary. We would love to celebrate it in that building.

“One of the things I’d like to emphasize is that anything that we do in that space isn’t anything that couldn’t be undone in the future. This house has been there for 200 years, and it’s going to have a life after me, but it will be my final home and will be here for the life of my business.”

Smart encourages neighborhood residents to contact him with comments at (585) 345-4067, Ext. 112 or by email at esmart@smartdesignarchitecture.com.

City Council is expected to vote on his request, which may include being forwarded to the city’s Planning & Development Committee, during its next meeting on July 10.