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HomeMy WebLinkAboutZBA Sign Variance 2/27/2012 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, February 27, 2012 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of Trish Schaap , owner, requesting special approval per the requirements of Chapter 270 , Section 270-30B "Accessory Buildings and Uses Authorized by Special Approval Only" of the Town of Ithaca Code to be permitted to maintain a second dwelling unit in an accessory building on the property located at 181 Iradell Rd , Tax – _ — Parcel-No: -24.= 1s2-,-=2 -__ _ 1 Appeal of Richard and Janet Krizek, owners , requesting variances from the requirements of Chapter 270 , Section 270-60 "Yard Regulations" and Section 270-62C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a garage in the front yard , insufficient yard setbacks , and insufficient lot width at the setback line located at 128 and 134 Poole Rd , Tax Parcel Nos . 28 . - 1 -34.9 and 28 . - 1 -34. 19, Low Density. . Residential . Appeal of Richard Furnas , owner requesting variances from the requirements of Chapter, 270 , Section 270-219 . 1 B ( 1 ) and Section 270-219 . 1 B(5) "Solar Collectors and Installations" and Chapter 270 , Section 270-71 "Yard Regulations" of the Town of Ithaca Code to be permitted to construct 2 pole mounted solar array panels in the front yard and within the front yard setback located at 111 Clover Ln , Tax Parcel No . 59 . -2- 13 , Medium Density Residential . Appeal of Walter and Joyce Wiggins, owners , Scott Wiggins, applicant/agent, requesting variances from the requirements of Chapter 221 , Section 221 -6B(2) (b) and Section 221 =613(2) ( b) (3) " Regulated Signs" , Section 221 =7C(4) and Section 221 -7D(6) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to maintain two freestanding signs and three awning signs at 1150- 1154 Danby Rd , Tax Parcel No . 36 . - 1 -4. 5 , Planned Development Zone 1 . Assistance will be provided for individuals with special needs , upon request. Requests should be made not less than 48 hours prior to the public hearings. Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : February 15 , 2012 Published : February 17 , 2012 y / Zoning Board of Appeals Minutes of February 27, 2012 Final Mr. Furnas stated that the size was a curious thing because it wasn't 15' x 15' x 15'. Chairperson Sigel argued that it presented a very large face and the nature of the beast was that not a lot of energy is collected if there's not a lot of surface area . Mr. Furnas stated that it might have been helpful to have simulations from various locations. Chairperson Sigel responded that the board was familiar with solar arrays and has seen them installed . They have a good idea of what they look like and can imagine what they would look like in the front yard . Chairperson Sigel moved to adjourn the appeal of Mr. Furnas per his request until such time that he requests to be put back on the agenda with a modified application . Mr. Krantz seconded . Vote—carried unanimously. ZO RESOLUTION 1012-013; Aftumment Richard E mas, 111 Cloven 40. Tax Parre! No. 59. Motion made by Kirk Sig% seconded by Ron Krantz Reno/ved, that at the request of the app/ican4 this board adjourns the appeal of Richard Fumas, requesting variances from the requirements of Chapter 270, Section 270-219. 18(1) and Section 270"219. 18(5) "Solar Co/lectors and Insta/ladonsmand Chapter 270, Section 27&71 "Yard Regulations"of the Town of Ithaca Code to be permitted to construct 2 pole mounted solar array panels in the front yard and within the front yard setback located at 111 Clover Ln, Tax Parre/ No 59. 243, Medium Density Residential, until such time as the app/lcant wishes to have it put back on the agenda with a modified plan. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Mounbn and Rosen. NAYS: None. Motion was carried unanimous/y. ARRgall of Waiter and 3oyce Wiggins, owners, Scott Wiggins, appilcant/agent, requesting variances from the requirements of Chapter 221, Section 221-68(2)(b) and Section 221-6113(2)(b)(3) " Regulated Signs", Section 221-7C(4) and Section 221- 7D(6) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to maintain two freestanding signs and three awning signs at 1150-1154 Danby Rd, Tax Parcel No. 36.44.5, Planned Development Zone 1. Scott Wiggins appeared before the board as the Managing Director of La Tourelle Resort and Spa . He explained that there were two issues—one being the signs and the other the awnings. Mr. Wiggins stated that there were three awnings on the site—one on the front of John Thomas Steakhouse, one at the front entrance of La Tourelle Resort and Spa, and one at the front I ntrance of August Moon Spa . La Tourelle and August Moon Spa are in the same building, but Page 11 of 16 1 Zoning Board of Appeals Minutes of February 27, 2012 Final have separate entrances. Once the awnings had letter put on them they became signs and he unknowingly had the awnings made with letters longer than permitted by Town Code. He explained that it was a directional issue for them because of the different businesses operating from the site. The request was to keep the awnings with the current lettering rather than have to replace the awnings with correct sized lettering. Chairperson Sigel asked the board if they had any questions regarding the awnings. He thought that they seemed minor and commented that they could not really be seen from the road . He agreed that they functioned as an interior informational service. Mr. Wiggins went on to explain that there were currently three signs on the property. He described the large concrete sign with gold lettering and two sign boxes sitting on concrete pillars, which do not have a sign permit. The two concrete pillars originally held a large lighted ball each . The light balls were replaced with signs some time in the past 8 to 10 years. He explained said that the signs were internally lit. Mr. Wiggins understood the issue to be that there were a total of three freestanding signs on the property and they only had a sign permit for one freestanding sign on the property. He added that the pillars were located within the required setback from the road . Chairperson Sigel confirmed that the nearest edge of the sign face to the road was approximately 121/2 feet instead of 15 feet. He said that variances would be needed for the insufficient distance as well as the fact that they were two additional signs where only one freestanding sign was allowed . Mr. Wiggins thought that the Code allowed two signs at the front entrance, but acknowledged that three were not permitted . Mr. Krantz asked Mr. Bates if only one sign was allowed for a site with multiple businesses. Mr. Bates explained that it was considered one property because it was all on the same tax parcel number. He added that they have on-premises signs on the property. Mr. Wiggins explained that the John Thomas Steakhouse has a small sign in front of it, which consists of its logo on a stake. La Tourelle has a small copper plaque on the front of the building . Mr. Wiggins recognized that there were a lot of functioning businesses on the site and thought that the signs were tasteful . He added that they've never had a complaint from neighbors or anyone elsd. Mr. Rosen thought that there was a complaint, which prompted the appearance before the board. Ms. Whitmore clarified that it was an internal complaint from Town staff; it was not a complaint from a neighbor. Attorney Brock explained that La Tourelle was the first Planned Development Zone, formally referred to as a Special Land Use District. The current PDZs have wording to allow more than sign . She went on to say that the Codes and Ordinances Committee would be revising the sign ordinance during 2012 . Page 12 of 16 1 Zoning Board of Appeals Minutes of February 27, 2012 Final Mr. Rosen thought that the number and size of signs on site was relatively small and tasteful given the number of businesses on site. Chairperson Sigel agreed and thought it seemed reasonable. Chairperson Sigel asked if the concrete La Tourelle sign would remain unlit. Mr. Wiggins responded that they disconnected the flood lights on the sign because they did not meet the Town's outdoor lighting law. He had not thought through whether or not lighting would be allowed on the sign . He was prepared to have no lighting on the sign, other than the fact that it was the largest sign and that it would be beneficial to the businesses at night. Mr. Wiggins would pursue with his Code Enforcement Officer any opportunities for lighting of the sign . Attorney Brock explained that that issue was that the light shown up and under the Town's lighting law, lights cannot do that. She said that it would be acceptable to have a downward facing light mounted on the top of the sign. Mr. Rosen thought that it would be a benefit to the public to have the sign lit because it was a safety hazard at night to have the sign dark. Chairperson Sigel agreed. PUBLIC HEARING Chairperson Sigel opened at 8 : 32 p. m . and invited the public to address the board . There being I o one, he closed the public hearing at 8: 32 p.m . SEQR Chairperson Sigel asked if the action was exempt under SEQR. Attorney Brock reviewed the SEQR regulations and determined that the board needed to make an environmental determination . Chairperson Sigel moved to make a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form . Mr. Mountin seconded . Vote--carried unanimously. xa RESOLU77ON 2012 I4: EnvlronmenW A &%esgment Walftr Wlgg&& 1350-3354 p&j&IK Rd, Tax Parcel Na 36. -1 -4,5 Motion made by Klrk 5/gel, seconded by Dave Mountin. Reso/ved" in regards to the appeal of Walter WIggins, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: AYES.• Sigel, Krantz, Mountin and Rosen. NAYS: None. Page 13 of 16 t Zoning Board of Appeals Minutes of February 27, 2012 Final Motion was carried unanimously. Chairperson Sigel moved to grant the appeal of Walter Wiggins requesting variances from the requirements of Chapter 221, Section 221-6B(2)(b) and Section 221-6B(2)(b)(3) " Regulated Signs", Section 221-7C(4) and Section 221-7D(6) ""Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to maintain two freestanding signs and three awnings at 1150 4154 Danby Rd, Tax Parcel No. 36.44. 5 with conditions on setbacks of the freestanding signs, modifications to all signs, and compliance with the outdoor lighting law, and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. Mr. Mountin seconded . Vote- carried unanimously. ZR RESOLUTION 2032-0Mv Sign !Variance, IWaiftr ft g" 1150-1154 &aft Rd. Tax Pane/ No. 3B. -1-4.5 Motion made by Kirk Sigel, seconded by Dave Mountin. that this board grants the appeal of Walter WIggins, requesting variances from the requirements of Chapter 221, Section 221-6B(2)(b) and Section 221 48(2)(b)(3) "Regulated Signed; Section 121-7C(4) and Section 221-7D(6) "Business and Industrial District Signs" of the Town oflthaca Code to be permitted to ma/nia/n two free standing signs and three awning signs at 11501154 Danby Rd, Tax Parcel No. 36. -1-4.5, Planned Development Zone 1, based upon the following: Findings: That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That while the benefit to the applicant, which is labeling their business may be achleved by other means feasible which would involve fewer signs, that the signs that they have already installed are reasonable and in keeping with the neighborhood and do benefit the applicant more than any detriment to the health, safety and welfare of the community, 2. That there will not be an undesirable change in Me neighborhood character or to nearby properties given that the signs have existed for many years and that they are not large signs, 3. That while the request is substantial, being for three freestanding signs where only one is allowed, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, 4. That the request MY not have adverse physical or environmental affects given that no new consbvctfon is involved, and 5 That while the alleged difl9culty was self-created, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. I Page 14 of 16 Zoning Board of Appeals Minutes of February 27, 2012 Final Conditions: 1. That the two freestanding signs be no less than 12 feet from the pavement, Z. That for all signs, no modifications be made that would be more out of compliance than what the signs are currently, and 3. That all three freestanding signs maybe lit in compliance with the Town s Outdoor Lighting Law. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Mount/n and Rosen. NAYS: None. Motion was carried unanimously. Agenda Item- Cancellation of March 2012 meeting Mr. Bates reported that there were no applications for the board to consider at the March 19, 2012 meeting . Chairperson Sigel moved to cancel the March 19, 2012 meeting . Mr. Rosen seconded. Vote— carried unanimously. ff RESOLUTION Afa 20,12w-Wdr C nwilation ofMawh 19. 2012 meeHno Motion made by Kirk Sigel, Seconded by Rob Rosen. Resolved, that this board cancels its March 19, 2012 meeting due to there being no applications for appearance before the board A vote on the motion resulted as follows: A YES: Sig% Krantz, Mountin and Rosen. NAYS. None. Motion was carried unanimous/y. Agenda Item—Appointment of 2012 Vice Chairperson Chairperson Sigel moved to Ks moved to appoint Dave Mountin as vice chair. Mr. Rosen seconded . Vote—carried . ZS RESOLUTION 2032-017; Nomination of Vke-Chap fog 2012 Motion made by Kirk Sigel, Seconded by Rob Rosen. Page 15 of 16 1 ( d ' 3 .. ....... s ADOPTED RESOLUTION ZB RESOLUTION 2012-014 Environmental Assessment Walter Wiggins 1150-1154 Danby Rd Tax Parcel No. 36:1 -4.5 February 27, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin . Resolved , in regards to the appeal of Walter Wiggins, that this board makes a negative determination of environmental significance based on the information in the Part I —?- --- environmental assessmeritsfwmr -and -forthe-reasons stated Ji—the-Pam-il- en0r`ohmenf5I` assessment form . A vote on the motion resulted as follows: AYES: Sigel , Krantz, Mountin and Rosen . NAYS : None. Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS. TOWN OF ITHACA, I , Carrie Coates Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 27"' day of February 2012. Deputy Towii Clerk Town of Ithaca . ff , ) s ADOPTED RESOLUTION ZB RESOLUTION 2012-015 Sign Variance Walter Wiggins 1150-1154 Danby Rd Tax Parcel No. 36.-1 -4.5 February 27, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin . Resolved , that this board grants the appeal of Walter Wiggins, requesting variances from the requirements of Chapter 221 , Section 221 -6B(2)(b) and Section 221 - _ r w - -- - BB (2) (b)(3)-�"Regulated Signed Section 221 = QC )land Section 221--71)(6)- Business --- and Industrial District Signs" of the Town of Ithaca Code to be permitted to maintain two free standing signs and three awning signs at 1150- 1154 Danby Rd , Tax Parcel No. 36. - 1 -4.5 , Planned Development Zone 1 , based upon the following . Findings: That-the benefit to the applicant outweighs any detriment to the-health , safety and welfare of the community, specifically. 1 . That while the benefit to the applicant, which is labeling their business may be achieved by other means feasible which would involve fewer signs, that the signs that they have already installed are reasonable and in keeping with the neighborhood and do benefit the applicant more than any detriment to the health , safety and welfare of the community, 20 That there will not be an undesirable change in the neighborhood character or to nearby properties given that the signs have existed for many years and that they are not large signs, 3 . That while the request is substantial, being for three freestanding signs where only one is allowed , that nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, 4. That the request will not have adverse physical or environmental affects given that no new construction is involved , and 5 . That while the alleged difficulty was self-created , that nevertheless the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community. Conditions. 1 . That the two freestanding signs be no less than 12 feet from the pavement, ZB RESOLUTION NO. 2012-015 Page 2 of 2 2 . That for all signs , no modifications be made that would be more out of compliance than what the signs are currently, and 36 That all three freestanding signs may be lit in compliance with the Town' s Outdoor Lighting Law. A vote on the motion resulted as follows: AYES : Sigel , Krantz, Mountin and Rosen . ,NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: - :- - I , Carrie Coates Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 27th day of February 2012 . elk / Deputy Tom- lark Town of Ithaca I La Tourelle — sign variance PART II = ENVIRONMENTAL ASSESSMENT (To be completed by the Town) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,_Part 617.6 YES NO X If no a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : None Anticipated for public streets. However, this action will improve existing traffic patterns within the property boundaries. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None Anticipated. The proposed variances will have no effect on aesthetic, agricultural, archaeological, historic, cultural, or natural resources, or community or neighborhood character. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly. None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. The proposed variances have the approval of the Town 's sign review board. ( Planning Board) and will have no physical effecron. the use of land. . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. There is no further growth planned for this property at this time. This proposed signage is for development that is currently there. C6. Long term, short term, cumulative, or other effects not identified in Cl-059. Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff CB other attached. Check as applicable.) PART III = DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WELL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board Cz . Name of Lead Agency eparer' s Signature(If different from Responsible Officer) Kirk Sigel , Chairperson Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signatu of Respo�nsibll& Officer in Lead Agency TOWN OF ITHACA DEC 2s 20H 215 N. Tioga Street, ITHACA, N.Y. 14 TOWN CLERK 2734721 PLANNING 2734747 CODE ENFORCENT & Z NING 273ml;TQWN OF ITHACA PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 3-1656 CODE ENFORCEMENT FAX (607) 2734704 Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review. ZBA Amearance Fee: $100_ Please check all that apply• Area Variance Use Variance r a Sign Variances �- ke Sprinkler Variance s Special Approval r.k The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to 66006 i2 �X ► 5 �; �45 5Il ifs � 3 � !3 T eFO AA- /� cEs is / e3ull ' 116 at / 1 J�c� , 1��� �►� , Town of Ithaca Tax Parcel No. as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (atmch any additional sheets as necessary): By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. Print Name Here: J IA r I/W l //l/S Signature of Owner/Appellant: Date: Signature of Appellant/Agents Date: Home/Cell Telephone Number: �� ' 3 67 � " 1 Y906 Work Telephone Number : Email Address S C0TV m P)7 oL)/Z &)Ijh�O�. NOTE: A Granted Variance expires 18 months from the date of its filing. Construction work associated with any veriance(s) must commence within 18 months of Sling. Your attendance at the meeting is strongly advised. Revised 11/9/2010 i AA A44 s000r Spa December 17, 2011 TO : Town of Ithaca Zoning Board of Appeals FR: Scott D. Wiggins — Managing Director RE : Request for Variance to Sign Ordinance Overview . La Tourelle Resort and Spa currently has three signs at the entrance to the resort. • Large concrete wall with large lettering — illuminated by floodlights on two sides • Free standing sign box on stone pedestal at NORTH side of resort entrance drive — with sign box illuminated from within • Free standing sign box on stone pedestal at SOUTH side of resort entrance drive — with sign box illuminated from within History : La Tourelle has permission from the Town of Ithaca for the concrete block sign located on the resort' s front lawn. During the 80 ' s and 90 ' s — La Tourelle also had two stone pillars at the front of the driveway with a light ball on each post — illuminating the entrance to L ' Auberge Restaurant and La Tourelle. Around 2005 — the lights on the stone pillars were replaced with a sign box with business names listed on plexiglass signboard which were illuminated from within. These signs apparently never had permits applied for. The Planning Board has previously approved the sign boards for the two freestanding signs, but the signs themselves have not been approved. The Problems : 1 ) There are now two signs and a concrete wall sign at the entrance to the resort. 2) All signs have illumination 3 ) The freestanding signs on the stone pillars are only 12 ' 6" (easternmost edge of sign box) from the highway pavement edge ( 13 ' 8" to base of stone pillar) - and code requires 15 ' minimum. Moving the stone pillars or purchasing new sign boxes would provide a financial hardship . Due to the issues above, the sign permit request was denied on November 1, 2011. Proposed Solution : We request a variance permitting us to keep both freestanding signs at the resort driveway entrance and the concrete block sign on the front lawn. We will eliminate the floodlights on the concrete sign. We also request that the two freestanding signs be allowed to exceed the minimum code requirement by 2 ' 4" in their setback from the highway pavement. Front Sign — Backlit - North • Location— Resort Entrance— 1„ north of driveway • Stone Pillar—30"wide/53.5" d tall • Sign Box—30" Tall/60.5" Long/ 10" Deep • Resort sign on one side and John Thomas on other side • Sign box has interior lighting • 14'5"from Danby Road pavement to stone pillar Front Sign — Backlit - South • Location— Resort Entrance— south of driveway i rn Stone Pillar—30" wide/53.5" JoK�►pin; tall STEA H Sign n Box—30" Tall/60.5" : Long / 10" Deep • Resort sign on one side and John Thomas on other side • Sign box has interior lighting • 14'5" from Danby Road pavement to stone pillar 1 Concrete Wall S Lighted • Located on east lawn near resort entrance • Concrete construction ,,,,,,•,,,, • 50" — 55" in height _s "176 Ion SO r+ g Re , • 13" deep • Brass Lettering measur 40" x 150" • Sign lit with exterior floodlight on both sides - -A S 04*01'sw loo. -- )uiit)�RY w G G!v w r-G ONYSEG GAS f LM M ' fm j {$4/Q.450 p . 2` co 1Cj 40 / WWN OF ITHWA .�oG o v o o •f t� a f t Lgp9/P.1047 ee ,w m S03 50'12°E e L C4 w 100.00' (100-x') r a /f gal c� f l f f 'SANITARY SEM LM ° t f SS 38 I Mh CEO ni r Nf� a r CO/ LT t f L� 1 ,,Ior�ft� �� � Sjl� �< TA V`�" -1) ►VCS �� s �o r , t s ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be compl-ette�d by Applicant) Applicant: '� c_ v hZ44 tr✓5 Address of Property Requiring the Variance: Jp ,gs✓� [•1 / �� j Tax Map No. . 6 " � a TEST: No area variance will be granted without consideration by the Board of the following factors: 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No,)<' Reasons : ,✓— c C di.+ u cSS� �N " /iJ5 Cf 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No X Reasons: f/�- A �LA a G . is i S di OW 3 . Whether the requested variance is substantial: Yes No Reasons: 4 A/12 A/'b Csv L tszr tfcai✓ 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No Reaso s: d5 lie Al 5 . Whether the alleged difficulty was self-created: YeSA No . Reasons: �. Revised 11/9/2010 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 = PROJECT INFORMATION o be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name 7000 U,-*Z TJ -? trs 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Tax Parcel Number: ,s� 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? S. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initial 04 rs 20 Acres 6-1 rs Acres >10 rs) Acres 7. How is land zoned presently? c L & Will proposed action comply with existing zoning or other existing land use restrictions? YES NO K If no, describe conflict briefly: :5 8rdr 4)110 0W> 9. Will proposed action lead to a request for new: Public Road? YES NO )L Public Water? YES NO .X. Public Sewer? YES NO L 100 What 181 be present land use in the vicinity of the proposed project? Residential X Commercial 3_ Industrial Agriculture Park/Forest/Open Space _ )<' _ Other Please Describe: ,�o4l lXej> Lfs ' /"/9 //40�7 Q4�i> x ro � 71iel.cil 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO.,>C If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name (Print or Type): Signature and Date: l II Revised 11/9/2010 N TOWN OF ITHACA OFIp - 9 215 NORTH TIOGA STREET, ITHACA, N .Y. 14850 �.�� Yo4 www.town . ithaca. ny. us CODE ENFORCEMENT = BRUCE W. BATES, DIRECTOR Phone (607) 273-1783 Fax (607) 273-5854 November 1 , 2011 Scott Wiggins La Tourelle Resort and Spa 1150 Danby Rd Ithaca, NY 14850 Re: Sign Permits Dear Mr. Wiggins, Enclosed are copies of the sign permit applications that were submitted on October 24, 2011 . These sign permit applications have been denied with the exception of the two freestanding direction signs for parking. The freestanding directional sign is exempt and a refund of $62 is being processed . The enclosed copies serve as official denial of the sign permit applications and may be used to appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals; an application to the Zoning Board of Appeals may be found on the Town's website www.town. ithaca. nv. us. Should you have any questions, feel free to contact me at the above number or via email at bbates@town. ithaca. ny. us. Sincerely, Bruce W. Bates • f OF IT,;, TOWN OF ITHACA 821 0¢4 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 2734721 PLANNING 273-1747 CODE ENFORCEMENT 2734783 PUBLIC WORKS 2734656 FAX (607) 273-1704 October 12, 2011 Walter Wiggins 308 N Tioga Street Ithaca, NY 14850 RE: 1150-1154 Danby Rd (TPN 36.:1 -4.5, 36.-1 -4.2) Dear Mr. Wiggins, Our office has had an open complaint regarding illegal signage on your property following your last planning board appearance. The signage violations must be corrected before a final Certificate of Occupancy can be issued for Building Permit #8269. The Temporary Certificate of Occupancy (TCO) expired August-24, 201 I ; a new TCO must be obtained in order to allow time for the sign violations to be corrected. Please submit the $100 TCO fee by October 21. 2011. A complete inventory of signs on the property was submitted to our office and reviewed. The property is in Planned Development Zone #1 and requires a permit for the signs. In 1986 sign permit #171 was issued for a 62.5 square foot 'U Tourelle" concrete sign to be in the front yard near Danby Road It appears that the Town used the `Business and Industrial Districts" portion of the sign law to regulate that sign as an increase allowance was required and was granted by the Planning Board Several. of the current signs on the property were erected without proper permits. The followhm scans must be removed or a sign permit obtained: yarlancea will be .reaaired for- the sign nermitst - 1 .- Freestanding sign at the north side of the entry from Danby Road 2. Freestanding sign at the south side of the entry from Darby Road 3. John Thomas freestanding sign in front of restaurant. For signs 1 -3: A variance from 221 =6(B)(2)(b) will be required for these signs as there is already a freestanding sign on the property (sign permit #171). An additional variance will be required if the freestanding signs are closer than 15' from the edge of the pavement as required by 221 AC)(4). 4. John Thomas awning sign 56 Li;Tourelle awning sign 6. August Moon awning sign y For signs 4-6: The awning signs will require variances from 2214(D)(6) as the lettering does • not comply. Variances may also be required from 221-6(B)(2)(bx3) depending on the size of the awning and the total number of signs that will remain on the property. 7. The Family Reading Banner. This sign violates 2214(A)(8), which prohibits banners. In addition, the floodlights on the concrete sign (SP 171) and the John Thomas signs are a violation of 1734(c) and must. be removed. The signs must be remove& or all aunlicad n materials (Sign Permits. Sian Review Board and Zoning Board of Aummb) and a correction ubm for the illegal lighting must be submitted to the Town by November 18. 2011. During. the review of the signs it was discovered . that Tax Parcel Number 36.1-4.2 is a landlocked parcel. In 2005 there was a Subdivision Approval granted by the.Planning Board to allow this parcel to be divided from the improved parcel (now TPN 36.1-4.5) but was required to be consolidated with an adjacent property to the south. This consoHdndm must oocar by November 18. 20110 N you have any questions, do not hesitate to contact our office. Thank you for your time and cooperation. SiQe ely, Senior Code --:_—Enforcement Officer=. cc: Herb Engman, Town of Ithaca Supervisor Bruce Bates, Director of Code Enforcement Mike Smith, Environmental Planner Scott Wiggins, Managing Director BP8269 Property file ir. s TOWN OF ITHACA D 215 N. T10ga Street, ITHACA, N.Y. 14850 DEC 28 2019 1^ ' TOWN CLERK 2734721 PLANNING 273=1747 CODE ENFORCENT & ZO 2734 -- PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 2734 56 TOWN OF I T H L ;A FAX (607) 2734704 CODE ENFORCFI/: T Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon at site plan or subdivision review. ✓'�S ZBA Appearance Fee: 5100 Pufl� st+ct��M� _' U' �s '0 Please check all that apply: �� � _ r _ r Area Variance rr���K �41 ri > Zt Use Variance r; l C ' ? E/ ie YSfk N -f'i ,F„ry 3 ';� . i•.ft':t� r f-' 'u's ». .5 a 'v"�Ba .� } Na.. ... 22EA �^' � .L^R' t• R s -."ff`y f 1Lr�'^ Y :.� � f5 Sign Variances ay. 3 K • x ,ti ..p 4�t Shy'* 3 Yzavp J rhea _N' R.e Sprinkler Varm• nce3E" _ �e r•wr�wr�n v. � _ rr4 ^�e�rr++ s � 1r'y_tx Y£� . _._ � Y ' Sial Approval 4t Yo-xa , r ✓}7. max a3a -. UFn ; fdM s£v�;3F��, �rvJ •M+g d�sl�fr, The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to I�Ca iS �J� a wlyf lIV11, S l,) 17 y f.3u611 o3P s i b wr)ric�1'%iz?�✓ LLFwer /jA — at A j as 040 O f L U PTown of Ithaca Tax Parcel No. "S tb as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach ay additional sheets as necessary): By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. �,.c� I ► Print Name Here: 1 `iew r✓ Signature of Owner/Appellant: Date: Signature of Appellant/Agent: Date. Home/Cell Telephone Number: Work Telephone Number : t Lira � t7 z)U/zelle . C a:! l Ema11-Address-�� _ NOTE: A Granted Variance expires 18 months from the date of its Sling. Construction work associated with any varlance(s) must commence within 18 months of Sling. Your attendance at the meeting is strongly advised. Revised 1IM2010 '` ar d lkr4 #00*r Spa December 17 , 2011 TO : Town of Ithaca Zoning Board of Appeals FR: Scott D . Wiggins — Managing Director RE : Request for Variance to Sign Ordinance Overview . La Tourelle Resort and Spa currently has three awnings over the covered walkways to the entrances to three separate businesses . Those awnings have lettering indentifying the business that entrance applies to. Those awnings are located at the entrances to . • La Tourelle Resort • August Moon Spa • John Thomas Steakhouse The Problems . Because the front of the awnings have lettering they are considered signs =- and the lettering on our awnings exceeds approved letter size. Due to the issues above, the sign permit request was denied on November 1, 2011. Request for Variance . La Tourelle has six businesses operating within three buildings . Visitors arrive by vehicle for many reasons including dinner in the steakhouse or brunch in the bistro — a massage in the spa or a wedding in the banquet room — a university retreat in the yellow barn suite or a visit to a barn apartment tenant. These awnings help direct visitors to the three main businesses of the Resort, Spa and Steakhouse . The lettering on the awnings is large in order to provide identification of each entrance while visitors are in their vehicles . The replacement of the three awnings with correct letter size would be expensive . We request that the lettering on the three entrance awnings be permitted to remain at its current size. La Tourelle Awning • Located at main entrance to resort • Front of awning is 48" tall and 10'5" wide • Lettering on front is 8" x 60" • Awning is 22' long 7 August Moon Spa Awning • Located over Spa entryway on south side of resort • Front of awning is 48" tall and 120" wide. • Lettering on awning is 8" tall x 70" long n • Awning is 18' long 1 John omas Signs & Awning • Located on front lawn of restaurant and entryway JT Parking (left) Sign is 18" x :w 24". Wooden stake is 56 tall • JT Identifier (right) Sign is 15" x 30" and wooden stake is 45" tall .� ►►�-��n►�i,ti Parkin, JT Awning (center) Front of sicaM�ousr _J awning is 22" x 84" with lettering 10" x 40" Awning is 106" long t# ' Front of restaurant, including signs and awning are illuminated with a floodlight ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM -�- (to be completed by Applicant) Applicant: 5C -0 T'1 yV/41� 40WeIA/S Z f-1 Address of Property Requiring the Variance: 7/ Cj��,'�n� -( C) Tax Map No.: J Ave TEST: No area variance will be granted without consideration by the Board of the following factors: 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No Reasons; 40W ±E&2 / S , 4 _e7rtiVL t lVFC'� cn� ov rsJ4 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No -x Rearms ns: 3 . Whether the requested variance is substantial: Yes No „ Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No Reasons: �0 0 crs ivo r /9-F?'576re-' i �� t�/S c_x'L ��_ 1 i�1 �1r�rcy✓�-i� � C044Y Alz S. Whether the alleged difficulty was self-created: Yes. No — Reasons: ;S: �.. 0 20:-✓WG_ Cam - �✓ �-� d6 1 41(/ - Gal i a SI S . S iLG 7 Revised 1119n010 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION o be completed by Applicant or Project Sponsor) 1. Applican�nsor 2. Project Name 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Tax Parcel Number: 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? S. Describe project briefly: (Include project purpose, present land use, current and fature construction plans, and other relevant items): (Attwhmnav ate sh s if necess to ad I describe the ro sed r�ect. 6. Amount of land affected: Initia 04 :2b Acres 6-1 rs Acres >10 Acres 7. How is land zoned presently? s & Will proposed.action comply with existing zoning or other existing land use restrictions? YES . NO If no, describe conflict briefly: 9. Will proposed action lead to it request for new: Public Road? YES NO Public Water? YES NO ,Y,. Public Sewer? YES NO 10. What Is. the present land use in the vicinity of the proposed project? Resldeutlal ,�_ Commercial Industrial Agriculture . Park/Forest/Open Space -V _ Other- Please Describe: � X6 V s c 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO If yes, list agency name and permit/approval/ftmdin9: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: csnt/S asor Name v J a.� i po (Prinf z: Signature and Date: Reviwd 11/7/2010 3. . � OFIp TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 �. ¢ www . town . Ithaca . ny. us CODE ENFORCEMENT an BRUCE W. BATES, DIRECTOR Phone (607) 273- 1783 Fax (607) 273-5854 November 1 , 2011 Scott Wiggins La Tourelle Resort and Spa 1150 Danby Rd Ithaca , NY 14850 Re : Sign Permits Dear Mr. Wiggins, Enclosed are copies of the sign permit applications that were submitted on October 24 , 2011 . These sign permit applications have been denied with the exception of the two freestanding direction signs for parking . The freestanding directional sign is exempt and a refund of $62 is being processed . The enclosed copies serve as official denial of the sign permit applications and may be used to appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals, an application to the Zoning Board of Appeals may be found on the Town's website www.town . ithaca . ny. us . Should you have any questions, feel free to contact me at the above number or via email at bbates@town , ithaca. nv. us. Sincerely, Amo� Bruce W. Bates Mu2 SIGN PERM1TAPPLICATION TOWN OF T1'HACA - 215 NORTH TIOGA STREET, ITHACA, NY 14880 (647) 273-1783 FEE - $50.00 APPLICATION FEE AMOUNT RECEIVED mg $2.00 PER SQUARE FOOT OF SIGNAGB AREA DATE RELIVED DATE OF APPLICATION ZONING DISTRICT 4 Al 1 Y ZoAl i f TAX PARCEL NO. APPLICANT S c�6 I t W t w/4 LA(6 mom c ) go 77 -? 73 —2 :73 y PRoPERTY owmm W*gzra� kllghfS OWNERS ADDRESS 3408 4?✓. VA44 5T. 3TH464 lv LOCATION OP SIGN W Al / nM O /✓ -7ZDn/7' nl %2�}�Cl� !a °N•� ca•�•r S t ir/� F{O VS G SIZE OF SKIT: WALL SIGN FREESTANDING SIGN ILLUMINATION ATTACH SCATS DRAWING, BLUEPRW, OR PHOTOGRAPH ACCURATELY TM FOLLOWING: ( 1) SIZE OF SIGN; (2) Un TERINGat (3) LOCJJXION ON BUILDING OR PRIMUMof (4) SETBACK, (5) NORTH POMr. SIGNATURE OF APPLICANT _ ATE ��Z1�11 SIGNATURE OP PROPERTY OWNER DATE FOR OFFICE UM ONLY: APPROVED HY TnLR DATE, DENIED UNMR SECTION DATE ACTION: SIGN PEVffiOARD DATE DECCISION_ - . - ZONING BO OF APPEALS; DATE OF APPEAL DATE OF BEARING DECISION Revised 3/5 /2010 L gi�F Off{ ; MI. A 1 # Wiwi Yd� k ?rte✓.tom. - pc"°x" j SIGN lPlE1ltMITA1?MCATI0N TOWN OF ITHACA 219 NORTH TIOGA STREET, ITHACA, NY 14#50 (60) 2734783 AM ICAMM: FEE - $50.00 APPLICATION FEE AMOUNT RECEIVED PLUS $2.00 PER SQUARE FOOT OF SIGNAGE AREA DATE RECEIVED DATE OF APPLICATION l ) ZONING DISTRICT Ni Al" l)6V ,ZoAhr t TAX PARCEL NO. 3 b - r - �• APPLICANT PHONE ( PROPERTY OWNER__WA Ll OWNERS ADDRESS 3 To4 *1 Sr -X�7ho%4, n/ y PHONE ( LOCATION OF SIGN SIZE OF SIGN: WALL SIGN FREESTANDING SIGN ILLUMINATION ATTACH SCALE DRAWING, BLUEPRINT, OR PHOTOGRAPH ACCURATELY REPRESENTING THE FOLLOWING: ( 1) SIZE OF SIGN; (2) LETTERING; (3) LOCATION ON BUR DING OR PREMSES; (4) SETBACK; (5) NORTH POINT. SIGNATURE OF APPLICANT DATE_ SIGNATURE_OF PROPERTY OWNER DATE FOR OFFICE USE ONLY: APPROVED BY TITLE. DATE . DENIED UNDER SECTION DATE SIGN REVI 'BOARD DATE DECISION- " ZONING BOARD OF APPE-Ai S. �K DATE OF DATE OF HEARING DECLSION Revised 1/ 5 /2010 4 4 76 SIGN PERMMAPMCATION TOWN OF ITHACA 213 NORTH TIOGA STREET, TTHACA, NY 14830 (607) 273-1783 FEB.• $50:00 APPLICATION FM AMOUNT RECEIVED PI,US VIM P.M. SQUARE FOOT OF MGNAGE AREA DATE RECEMM DATE OF APPLICATION ZONING DISTRICT 14W It W ZOO TAX PARCEL No APPLICANT . Sc.o1T k l Cr )n1S PHONE ( PROPERTY owNER wFl 4r W141 JALS OWNER'S ADDRESS PHONE t ) or - 2 �7 2 - LOCATION OFSIGN AJa/�/i�J� oil �Ra✓j —n/?/RA�/C� To ► �.SaiZ'T SIZE OF SIGN: WALL sIGN FREESTANDING SIGN II.LUMINATION ATTACH SCALE DRAWING, BLUEPRnrr, OR pEKyTOGRAPH ACCURATELY REPRESEi�PTING THE FOL LOWINQ ( 1) SIZE OF SIGN; (2) LETTER[M; (3) LACA ON ON BURRING OR PREM[3BS; (4) SETBACK; (5) NORTH POINT. SIGNATURE OF APPLICANT ATE /af z� I J ► SIGNATURE OF PROPERTY OWNER DATE FOR OFFICE USE ONLY: APPROVED BY TYTIB. HATE DENIED UNDER SECTION DATE ACTION: SIGN REYISDARD DATE ZONING BO } O AEMAi 4; DATE OF APPAL DATE OF HEARMG DECISION Revised 1/ S/ 2010 Sm�° r OCT 2 4 2011 '��s�e,a as`sfmr.4`tte '� � IDKi," !::. `�..j �+�.7_ �°ial✓,.1 ��-Stsia�a.�i?�3�.�:� ''.da`}it'. COD 1 1 —WN OF NORTH 1 w FEB $50M APFtJCATMN FEE AMOUNT RBCMVED.0o em $2o11 PER SQUARE FOOT OF SIGNAGE AREA DATE RIVEID � DATE OF • : : • 1 I : PROPERTY OWNER�W�4708WK W14t 14=5 • W I '1 ' ADDREW.3 i LOCATMN OF 0 At SZM OF SMN@o WALL IffrANDIM ' i ; ti AS dre 09fl4 CH 60> UIAMONATM14 M : WALE DRAWM WA)EFKWq OR : : • t tl : AM AM)RA7ELY ' 1 :f ' ' l :ia :f 1 t , I : " • ' • 1 t ✓i : • ' SIGN: J JI a P. (3) LOCA • : ON BUZJDM • ; 1 :1, „ iMS SMSACK9. • ; : • i SIGNATURE • )DATE Slat : E OF FRGPBwff • I :f ; 1 kA 1 1 M : s 1 ; I APPROVED SIGNFIEV DATEOF �PATE OF HEARING 1 � I ' M1: • i .r N s OCT 2 4 2011 �. TOWN OF 111liv� . WN OF ITMCA 215 NORTH TIOGIA STRM.91 P!8/ICA, NY 148 FBB SSO. 'APPLICATION FEE A )ril''RBt�[VBD SZ.UO.P SQZJARB OP ARBk DATB DATB OF APPLACATMNt I L . . 7ANII� DL�TRB;F 1?�n �IlrV r I 4s- - 1. TAR jrj%mm. 1 ' APPIJCMr. PR0PEr0�11Pffit 368 ovo ro4 sT. -��I►�7�9, _�/y LACATIDN OF Si@i &WAbI /ti 0A1 i�oA/Y rAZIAti /d4T 57 •9 SIZZOFSIGN: WALL � TANDMSM II1.U�T Im ATTACH SCALE DMVIM DIAMPIMM OR P h DCRAM ACCtMMMY . .. . T= FoEjDWff4Q ( 1) sm OP smm&o (2)un i'P1mft (3)LOCATION ON BUMLIHM OR P 84 _(4) SBTBACM (S) N013H POW. SI@lATt11tB OP APPLICANT STO'PiAT=OAP=P=ff �'�" l pA _ to 2 FOIL Off= m (mars APPROVW Trrm _AATa 221 —'j u DEN= UNM lq®cIIDN I Ts 16 SIGN IWV16W`�oAitD D!RTs ZQj= MMun no Ann= t DATE OF APPEAL DATB OF SBARQK3 DAN " X 'k2.ao ±' . 62o. � Reviaed 1/5/1010 ro / . 6O D OCT 24 2011 TpWrt:OF iI�NNCa (wln c �ssT�tB�tgrrxwc�,rtY Baas -; a" MI r Ems` r $%W SQv �ciorr a s�oNA+aB ARSE ' DATB 4 I to `t 1t DATB CF APpL1CR'rit j ZONQ+R} DL4TR1Cr PC:A � . .. 0 .T..O/ E� J : TAX �r 5 �o i i':. =1n GG �i�lS s '. p ( 6'0 . x. 2 �3 -' : �3 F 1 PRIM lgbl� l� � roNAf 7;;=47;;=440J:5 % ra rCHovsrocwT ass T � SM wAU, s r;. > �RM ATrA%M VXME DM%gM BIAIM JW* 0R OURAM AOCURATBLY THB!POLLOWiNO: (1) STS OF =wI** (2) ' JR'mulmm (S). T M CN BUMLDM OR PRA (4) SBTBAM* (5) NOM PCW* SMMATM OP AYA.�CAKr TB �f► 1 OF = � i0lzY I rt SKi�1ATl�tB �PROP�?YOWNt�.. . AprikoV®BY '11TIg DA'I'S - DOMUNMSBCrMk on I - tot r�Y 2�( h1L3� ,► PAU u SIGN RBV��FBQARD a�•1s DATB OF APIA/. DATB orBBARII�10 DBCLRON 50 oa Re ►is.a 1/5/2010 OF ITS TOWN OF ITHACA 215 N. T108a . Street, ITHACA, N.Y. 14850 TOWN CLERIC 273 4721 P6ANNM 273-1747 CODE EMORClO Uff 2734793 PUBLIC WORKS 2734636 FAX (607) 273=1704 October 14 2011 Walter wiggins 308 N Tiogs Street Ithaca, NY 14850' RE: 115061154 Danby Rd (TPN 36:1-4.5, 36: 1 -4.2) Dear M1r.Viggins; Our office has had an open complaint regarding illegal signage on your property following your last planning board 'appearance. The signage- violations must be corrected before a final Certificate of Occupancy can be issued for Building Permit #8269. The Tempos y Certificate of Occupancy (TCO) expired August 24, 2011 ; a new TCO must be obtained in order to allow time for the sign violations to be corrected. Pteass mbodt the $100 TCO ite.bv Oetober 21. 2011. A complete inventory of signs on the property.,.was submitted to out office and reviewed The property is in Planned Development Zone #1 and requires a permit for the signs. In 1986 sign permit #171 was issued for a 62.5 square foot "La TourelW concrete sign to be in the front yard near Danby Road It appears that the Town used the "Business and Industrial Districts" portion of the sign law to regulate; that sign as an increase allowance was required and was granted by the Planning Board. Several of current signs on the property were erected without proper permits. 1 . Freestanding sign at the north side of the entry f rom; Danby Ro & 2. Freestanding sign at the south side of the entry 'from Dantiy Road 3. John Thomas freestanding sign in front of mot. For signs 1 -3: A variance from 221-6(B)(2)(b) win be required for these: signs as there is already a freestanding sign on the property (sign permit #171). An additional variance will be required if the, freestanding signs are closer than 15' from the edge of the pavement as required by 221-6(Cx4). 4. John Thomas awning sign 5. La Tourelle awning sign 6. August Moon awning sign For signs "so The awning signs will require variances from 221=7(Dx6) as the lettering does not comply. Variances may also be. fequired rom 22140)(2)(bx3) depending on 'the size of the awning and the total number of signs that will remain on the property. 70 The Family Reading Banner. This sign violates 221 =4(Ax8), which prohibits banners., In addition, the floodlights on the concrete sign (SP 171 ) and the John Thomas signs are a violation of 1734(c) and must be removed - The sinus must be remove& or all appileadon materials (Sian, Permit _ Sim Reybw Board and Zonim Board of AnnuM and a correction plan for4he.,ill nd liandna meat be submWed to do Town bY4 November 18. 20116 During the review of the signs it. was: discovered. that Tax Nml :: Number 36: 1 -4.2 is a landlocked parcel. In 2003 there was a Subdivision Approval granted by the Planning Board to allow this parcel to be divided from the improved parcel (now TPN 36 1 -4.3) but was required to be consolidated with an adjacent property to the south. This SgWWiafi ft mud occur br November 18. 2011- N you have any questions, do not hesitate to contact our office. Thank you for your time and cooperation. Sincerely, Senior Code . Enforcement Officer cc: Herb Eagman, Town of Ithaca Supervisor Bruce Bates, Director of Code Enforcement Mike Smith, Environmental' Planner Scott Wiggins+ Managing Director BP 8269 Property file VIVO Y 1 sk • :t ' . • :' M :1 :11 • I f • MA j 1) t r M 't • WOOF) m BE p r/ : • c. c , A ARM br a '� I • I c 'i . c. r r 1 11 ; • ! ♦ L • r • ti 61 • • :� ' • I :1 ' • i • :1 1 • SRIr 4 t1 I ' • • • • � tMl: • • Y � 1 1 � fTompwki1w.Co�unty �--- DEPT_ TKENTPOF PLANNING_ I M .IAA 1 121 East. Stiff .; 'f 2012 ; . �� 1 2 ,EN lih111 York 14$50 j Edward C. Marx, AICP TOWN ( ? ;: � Commissioner of Planning C �1� 'iio p;)60�7 `274-5560 and Community Sustainability ```' Fax (609=274-5578 January 13 , 2012 Mr. Bruce Bates, Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 4 , -m and -n of the New York State General Municipal Law Action: Sign Variance for La Tourelle Resort 1150 Danby Road, Town of Ithaca Tax-Parcel No: - 36.4-4.5, PDZ- 1 , Scott Wiggins, Appellant. Dear Mr. Bates : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 —1, -m and —n of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning & Community Sustainability InAsion through Diversity FILE DATE &4 g . PB Resolution No. 2012.005 : Recommendation to Town of Ithaca Zoning Board of Appeals Sign Variances - LaTourelle Resort & Spa 1150 Danby Road Tax Parcel No. 36. 14.5 Sign Review Board (Planning Board), February 7, 2012 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1 . This action is consideration of a recommendation to the Zoning Board of Appeals regarding sign variances for the LaTourelle Resort & Spa property located at 1150 Danby Road (NYS Route 96B) , Town of Ithaca Tax Parcel No . 364 4 .5 , Planned Development Zone No . 1 . The proposal is to keep the three existing freestanding entrance signs near Danby Road and the three existing awnings with lettering. Walter Wiggins, Owner; Scott Wiggins, Applicant, and 2 . The Planning Board, at a Public Hearing held on February 7 , 2012, has reviewed and accepted as adequate 2 packets of materials (one packet for entrance signs, one packet for awning signs) date stamped January 5 , 2012, along with other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for sign variances for the existing entrance and awning signs . The Planning Board further recommends that such approval be subject to the following condition: a. any lighting for the signs shall comply with all applicable sections of the Town of Ithaca Outdoor Lighting Law (Chapter 173) . Vote: Ayes : Wilcox, Collins , Conneman, Beach, Baer, Bosak, Erb STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA* I, Debra DeAugistine , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution 'is, an exact copy-of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the OkL day of _ , 2012 . _ First Deputy own Clerk