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Home My WebLink AboutMN-BZA-1967-12-04 BOARD OF BORING APPEALS, CITY OF ITHACA, CITY BALL, ITiikCA, NtW YORK DECIM IR 49 1947 PRESENT= RICHARD COMSTOCR, Chairman GROFFREY WRAVER GEORGE R. "AM, JR. W. H. EWOOD RALPH P. BALDINI JDHN EWANICRI GLtNN ROW►, Deputy Building Commissioner THE :BIR: The meeting will now corse to order. This board is the Board of toning Appeals, oposting, under the provisions of the City Charter of the City of Ithaca and the Zoning Ordinance of the City of Ithaca. In hearing any matters this Board is not bound by the strict rules of evidence but can limit this to hearing sufficient evidence to sustain the case. We request the ap- pellants and others speaking eonsernang the case to identity themselves, giving names and addresses, and ask furtber that any on* speaking, confine btamelf to pertinent toots only. The members of the hoard pres:nt besides myself are Ma. Wearier Mr. Pfann, lir. 31wood, Doctor Haldini, Mr. Domicki, and ,.,... Mr. Bode, Deputy Building Commissioner. Tfie case we are con- r s#de sddering tonight is number 777, the Appeal of Ithaca Lum's 114 Corporation, 5030 Biscayne Boulevard, Miami, Merida, for a special permit owler Section 70 Celwm 49 for a sign at 374- 376 tlmira Road in as I-1 Dstrict. -2- THE CPAIRt Who is appearing in favor of the appl4estion? STEVEN JULL4310t I am Steven Juliano, representative for Lun's, but any ob- jectione to reply to, I would like to have Ed give them. ("Id" referring to Edward Buechel. of Ithaca Plastics. 303 Nest Green Street. Ithaca, N.Y.) This gentleman is from Ithaca Plastica. Wor alone per- mitted, largev than 50 square feet in area but in no cue larger than 250 square feet in area. Our three signs as shown on plans constitute more than 50 square fMet •but les than 2SO square feet. The construction Is approved, and we are applying for a special permit under sections of the Zoning Ordinances 1 Sign. 110 square fiiot, 2 ciono 64 square feet each, to"Hag 238 square foot. TIM MAIM Do you anything to present, sir? MR. JULIAM: nothing except the else of the sign and its details. THE CRAIRt Do you have any charts showing the signs* for the Inspectlot of the Board members? A. Yes. DOCTOR BALDINIt Do you have a plan with you where those *lost ars to be? A. I think that lar. Bods brought it with his. (hoard members look at plan) Appellant's Exhibit 1 marked for identification, being free-standitS sign Appellant's Exhibit 2 marked for identification# being 1 photograph of free-standing sign Appellant's Exhibit 3 marked for identification, showing where the two signs will be affixed to building MR. JU IANOt First we are requesting the rises so that oat presentation will not conflict with the other. I would like to take them in some order. THE CRAIRt Your sire is so indicated hero? A. That is right. I work for Lum's and I an here representing them and we all are vary interested in this out here. They request that the sign be placed 10 fest off of the property lino. In vier of the facts - I know you have your rules -3- and you state that the minimum is a 25 foot setback. Now- ever, in most Instance$ on that road other signs are in violation and on that fact I do not think that Lve*s should be discriminated against by having it placed 25 feet setback. I wish to present these as exhibits also. 1 do knew that MacDonald*s has a great interest in their property and I Nish to protect it and not have anything obscured that People Haight not see. Appellant's Eabibits 4 and 5 marked for identification These signs do not met the 25 root setback. On the north end of MooDonald's, you can hardly see our sign and if we are to place our sign that far back we will request Mat all other people will do the ease. Our building is 10 fast back of our property line. And there is Curly"s across the way. MR. lUVU: Is Curly's back 25 feet? A. I don't think so, but I have never measured it. I think that the arch is on the property bins. MR. PrANN: The provisions have to be complied with. If he asked for an exception maybe under that he could get by, but the ap- plication p- piication to for a -pec i a l pelted t and not an except i on. MR VXAVU a Your building i s. 1d'feat off the property line? MR. JVLIAMQ: Yes. We 'would be defeating our Mole purpose to put that sign anywhere else. I!Rt,. NOVA: The building to back just 10 feat. Tn CHAIR: As for as I can see, the sign regulation is quite clear. MR. PTAHHI Maybe tlery could get back for an exception. Tits provisions here show that you can shop special conditions except use of land. MR. HRAVRRI Can you apply for an exception wtars a sign is involved? MR. PPANNt I do net know if that is the answer. MR. JULIAMO: That covers a multitutda of sins. I can, and I think you can understand that the sign will do no good If we have to place it 25 feet back because that would be completely ob-' iiterated by our building and Macbenald's. �4 THS CHAIRS The section rooms clear. Mt. WRAVSRs Mr. Pfann means that maybe you should make application for an exception. THE CRAIRs This is a special sign permit you are asking for in this cam, MR. JMIAMt I would like to apply for whatever I need. I an not here -a to try to get everybody else to move their signs back 23 fe t. I would like to go through any forwslities that I have to In order to have our sign where we need it. MR. SODA: This appeal is strictly on sieve, gentlewen. That is all you are have for tonight. You may instruct an what they can do other on this setback. This is strictly for sine. THE CVM4- Perhaps we can not answer the question on size alone. MR. 'ttE�A°vER: Do we have the right to act on sine alone? MR. HADA: To this extent. My department is going to make sure he sets it back 25 feet. Mt. JMIAMO: I wrest the okay on the sista of the sign, yes, but I went to. take these things in order. MR. BODAs The Board can pass on sise alone tonight. MR. JULIMOs We would have to apply for an exception for location? When is the next bearing? MR. WSAVIRs One month from now. MR. JUL,IANO: Bali, I can violate the rules and get a Court order, and see about this. It has bonen do". I can take that altesne 1406 THE MAIM We are bowed by the regulations as we interpret them here. MR. BODAs And any of these regulations would cern up before this DO&IMI at the next hearing under an exception for setback. THE CLMIRs The Board of Zoning Appeals can decide only on the request. that is presented to them. It am not take up anything that is not included on the application. What is the total square footage now? MR. JMXAN4s 238 square feet. THE CHAIR: (Figuring from plan): I find horse that this is 246.6 square feet DR. BAWINI: 246.6 square feet is what we get also. THE CHAIR: Is there anything else to present? Either in favor or in opposition? None. XXlCUPIVS USSItN, BOARD OF ZONING APPEALS, CITY OF ITHACA, DBCSMBBH:4, 1967 CASE NO. 777 Dr. Baldini s Move to grant this special permit (See. 8-21, floe Permitted I-1) provided sign is set back 23 feet friss the public right-of-wway, and 30 feet from any other property line. Mr. Nraeickis Sewed. VOTZS Yes - 3 No - 1