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HomeMy WebLinkAboutBZA 3240 - 307 College Ave - Decision-1 CITY OF ITHACA BOARD of ZONING APPEALS Sign Variance Findings & Decision Appeal No.: 3240 Applicant: GreenStar Cooperative Market, Inc. on behalf of property owner Josh Lower Property Location: 307 College Ave Zoning District: M U-2 Applicable Section of City Zoning Code: §272-6B(2) Requirement for Which Variance is Requested: Number and Size of Permitted Signs in a Commercial Zone. Publication Dates: December 1, 2022 and December 6, 2022. Meeting Held On: December 6, 2022 Summary: Appeal of GreenStar Cooperative Market for a sign variance from §272 -6 B(2), number and size of permitted signs in a commercial zone. The applicant’s Collegetown location is on the first floor of the mixed-use building at 307 College Avenue. At the time of the building’s construction, the applicant obtained a sign permit to install the “GreenStar Natural Foods Market” and projecting logo sign. Window graphics in the north facing store window were later installed without a permit. The applicant recently applied for another permit to install window graphics along the bottom of the storefront windows on College Avenue. In the Mixed Use 2 (MU-2) district, each business is allowed a maximum of two building signs, and the applicant is currently proposing to keep all four building signs. In addition, this storefront location allows a maximum of 60 SF of signage, and the current proposal includes 73.2 SF of signage. All four signs are currently installed. The applicant proposed to remove the projecting logo sign at the time the storefront window graphics were installed and then reinstall the projecting sign, if approved by the BZA. Staff has allowed the projecting sign to remain until the conclusion of this appeal, and the applicant will remove any signs not approved by the BZA as soon as possible. Public Hearing Held On: December 6, 2022 Members present: Michael Cannon Donna Fleming Andre Gardiner Joseph Kirby David Barken, Chair CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Lisa Nicholas, Director Telephone: 607-274-6550 Fax: 607-274-6558 Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: The Tompkins County Department of Planning & Sustainability has reviewed the proposal as required by New York State General Municipal Law §239-l, -m, and -n and has no comments or recommendations. Environmental Review: This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and is not subject to Environmental Review. Planning & Development Board Recommendation: The Board supports this sign variance and feel the signs add to the vibrancy of the building façade. They also support economic vitality finding the signs help the store remain a viable business. The Board finds the sign package has no long-term impacts to planning. Ithaca Landmarks Preservation Commission Recommendation: Not applicable. Motion: A motion to grant variance #3240 for 307 College Avenue was made by M. Cannon. Deliberations & Findings: The Board noted that the signage proposed fit well within the context of the use and would have minimal impact on the character of the neighborhood. Factors Considered: 1. Environmental Impact The proposed variance is a Type 2 action and no further environmental review is required. Furthermore, the Board finds no evidence of environmental impacts resulting from the requested signage. 2. Size of sign: The purpose for which the sign is erected and the distance from which the sign is intended to be read and the character of the adjacent streets shall be taken into consideration. In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account legitimate business interests to be promoted by the sign and the speed limits and traffic conditions on adjacent streets. The applicant is proposing four signs on the storefront of 307 College Avenue. The proposed signs exceed the maximum square footage allowed for the building by 13.2 SF, with a proposal of 73.2 SF and a maximum of 60 SF allowed. The number of signs is also exceeded with a maximum of 2. However, the Board finds that the signage proposed is appropriate for the size of the building and is compatible with the existing streetscape on College Avenue. 3. Number of letters: A sign with few letters need not be as large as one with many letters to be seen at the same distance. The number of letters are appropriate for the size of the sign. The proposed signs feature the products sold in the store with images, one word descriptors or the company’s logo. It is not possible to reduce the wording or lettering on the signs and still maintain their purpose. 4. Other signs: The context of existing signs in the vicinity of the proposed sign shall be taken into considerations. Retail businesses located near this location have comparable signage to the proposed sign package. While many do meet the requirements of the Sign Ordinance, the proposed signage is not out of character for other commercial or mixed use buildings in the vicinity. 5. The character of the neighborhood: The proposed use shall not be detrimental to the general amenity of the neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of neighboring parties. The proposed sign will not be detrimental to the neighborhood character. The new storefront is located in the MU-2 district, which is intended for mixed uses including retail. The Board finds the proposed sign package to be consistent with the zoning district and appropriate to the size and scale of the building. 6. Public Interest: The protection of public interest and the desirability of maintaining open spaces, views and vistas shall be considered insofar as possible. The proposed signage will not affect open spaces, views, and vistas. The proposed signage will not impact any scenic views or open spaces. The signage serves as identification and marketing for the business along the streetscape. Second Motion to Grant Variance: Made by J. Kirby. Vote: 5-0-0 Michael Cannon YES Donna Fleming YES Andre Gardiner YES Joseph Kirby YES David Barken, Chair YES Determination of the BZA Based on the Above Factors: The BZA, taking into the five factors for a sign variance, finds that the benefit to the applicants outweighs the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning Ordinance, §272-6B(2). is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ___________________________ December 6, 2022 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals