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Home My WebLink AboutZBA Minutes 2014-06-16 TOWN OF ITHACA ZONING BOARD OF APPEALS Monday June 16, 2014 Present: Rob Rosen, Chair, Christine Decker, George Vignaux and Chris Jung Absent: Bill King, John DeRosa, and Kirk Sigel Staff Present: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town, Paulette Terwilliger, Town Clerk Meeting was called to order at 7:03 pm Appeal of Veteran Volunteer Firemen's Association, owner and Robert Travis, agent, requesting a variance from the requirements of Chapter 221-6 and 221-7 "Signs" of the Town of Ithaca Code, to be able to replace an existing self-illuminated copy-change sign, approximately 37 +/- square feet in area and 7+/- feet tall, with a new self-illuminated freestanding copy-change sign in the same location. Copy-change signs are not permitted in the Light Industrial Zone and the existing copy-change sign never received approval from the Zoning Board of Appeals, located at 638 Elmira Rd, Tax Parcel No. 33.-3-5.1, Light Industrial Zone (LI). There were no representatives for the applicant. The Board discussed the appeal noting that this sign, although illegal, has been there for over 20 years. Ms. Brock noted that there is no "grandfather"right because the sign has been there that long because it was and continues to be an illegal sign. The term"grandfathered in"is a legal term and should not be considered by the Board. The Board should be considering granting a variance for a freestanding, copy change sign on its own merits. The Board noted that the Town has not received any complaints regarding the sign in the 20+ years and the sign is placement of the sign in the raised bed under a tree is tasteful and blends in. ZBA Resolution No. 2014-015 SEOR—Sign Variance Veteran Volunteer Firemen's Association 638 Elmira Rd, TP 31-3-2.7, LI Moved: Rob Rosen Seconded: George Vignaux Resolved that this Board makes a negative determination of environmental significance based on the information given in Parts I and 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Vote: Ayes—Rosen, Jung, Decker and Vignaux Unanimous In drafting the resolution to grant the variance for the sign, the Board was very clear that this sign was being allowed because it was smaller than what could be requested as a non-copy Approved 7/21/2014 pg. l changing sign and given the location of the sign on the property it is unobtrusive and the conditions imposed regarding lighting and placement will ensure that it remains tasteful. Public hearing was opened and there was no one wishing to address the Board on this appeal. The hearing was closed. ZBA Resolution No. 2014-016 Sign Variance Veteran Volunteer Firemen's Association 638 Elmira Rd, TP 31-3-2.7, LI Moved: George Vignaux Seconded: Chris Jung Resolved that this Board grant the appeal of Veteran Volunteer Firemen's Association, owner and Robert Travis, agent, requesting a variance from the requirements of Chapter 221-6 and 221-7 "Signs" of the Town of Ithaca Code, to be able to replace an existing self-illuminated copy-change sign, approximately 37 +/- square feet in area and 7+/- feet tall, with a new self- illuminated freestanding copy-change sign in the same location with the following: Conditions 1. That the sign shall not contain any digital or electronic messaging elements, and 2. That the sign shall be illuminated only from one hour before sunset until midnight, or until one hour after the end of events that evening at the applicant's property, whichever is later. 3. That the sign be built substantially as indicated in the plans submitted with this application and With the following: Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible, and 2. That there will not be an undesirable change to the neighborhood or to nearby properties given that this sign has been there for 20 years and that this is not a residential district, but a Light Industrial zone, and that the signs placement beneath large trees tends to minimize its visual impact and the sign size will be limited to 37 square feet where 50 square feet is the usual maximum size, which also reduces its visual impact, and 3. Although the request is substantial, being that free-standing copy-change signs are not allowed in the zone, the size of the sign is limited to 37 sq feet counting the supports which is substantially smaller than the 50 square feet that is permissible for non-copy- change signs in that zone, and ZBA June 16, 2014 pg 2 4. That while the alleged difficulty is self-created by the applicants desire to replace their sign, the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community for the reasons stated above and for the reasons stated in the SEQR form. Vote: Ayes—Rosen, Vignaux, Jung and Decker Unanimous Appeal of Asher Grossman, owner and Davick Huckle, agent, Paul Kriegstein, applicant, requesting a variance from Chapter 270-144 "Permitted Principle Uses", to be permitted to operate an auto sales commercial business in a Light Industrial Zone, located at 618 Elmira Rd, Tax Parcel No. 33.-3-2.7, Light Industrial Zone (LI). The Board discussed the appeal and Mr. Kriegstein explained that the license and associated sales of cars would be in support of the taxi business for the most part and supplemental to the car repair business. As stated in the submission, they did not feel there would be a significant impact and his business relies on this type of license to acquire used vehicles for taxis and to rollover used cabs and allow for the sale of repaired vehicles on occasion. The Board felt that the lot has a fixed number of parking spaces and the addition of a used car sales use would simply reallocate some of the spaces to that use. The sale of a few used cars per month will not significantly increase traffic to this site ZBA Resolution No 2014-017 SEAR Use Variance—Auto Sales 618 Elmira Rd., TP 33.-3-2.7 Moved: Christine Decker Seconded: Chris Jung Resolved that this Board makes a negative determination of environmental significance based on the information given in Parts 1 and 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Vote: Ayes—Rosen, Jung, Decker and Vignaux Unanimous The public hearing was opened, there was no one present and the public hearing was closed. In drafting the resolution, the Board discussed at length that only 4 vehicles would be allowed and that the applicant stated that this is an ancillary use and vehicles would mainly be advertised online and the used car license used to purchase replacement taxicabs and sell the existing ones. The primary purpose for the used car sales is not intended to be the draw to the location,but allowing a small sign in the windshields to indicate to people pulling into the business which cars that may be parked there are the ones for sale is permissible. No banners, large fluorescent number signs covering the windshield etc. are to be allowed. Given that the nature of the business will have other vehicles parked in the lot, a small notice of which car(s) are for sale is allowed and will be a condition of the use permit. ZBA June 16, 2014 pg 3 ZBA Resolution No 2014-018 Use Variance— Auto Sales 618 Elmira Rd., TP 33.-3-2.7 Moved: Rob Rosen Seconded: Christine Decker Resolved that this Board grants the appeal of Paul Kriegstein, requesting a variance from Chapter 270-144 "Permitted Principle Uses", to be permitted to operate an auto sales commercial business in a Light Industrial Zone, located at 618 Elmira Rd, with the following Findings: 1. That the applicant has demonstrated unnecessary hardship, including all of the following; that they cannot realize a reasonable financial return as substantiated by competent financial evidence given the evidence submitted showing a loss on the property for the last 5 years and the fact that the property has been vacant for the last 5 years, and 2. That the hardship is unique and does not apply to a substantial portion of the district or neighborhood given that the parcel is small for the district and the property has had a history of retail use, an orientation for retail use, and is therefore unsuited to light industrial uses as those in the district, and 3. That the requested variance will not alter the essential character of the neighborhood given that the use is similar in nature to a light industrial use and is not inconsistent with other uses allowed in the Light Industrial zone, and that the sale of up to 4 vehicles at any one time is not inconsistent with the use permit previously granted by this Board for the car repair business, and 4. That the alleged hardship is not self-created given this property's long history of difficulty in finding tenants and in addition, those tenants that have been there in the recent history also have not been allowed uses in Light Industrial zones. Conditions: 1. That the cars for sale are located among the other cars in the parking areas indicated on the approved site plan and not up by Elmira road or in the field next to the parking area, and 2. That there will be no more than 4 vehicles for sale at any one time, and 3. That no outside advertising of the vehicles for sale are displayed such as streamers, or flags and notice of which vehicle is for sale is limited to one sign in each vehicle not to exceed 187 sq inches. Vote: Ayes—Vignaux, Rosen, Decker and Jung Unanimous Approval of Minutes The minutes of the May meeting were reviewed and one change was made with the Town Clerk's approval. Motion made by Mr. Vignaux and seconded by Mr. Rosen to adopt the minutes as amended. Unanimous. ZBA June 16, 2014 pg 4 Concurrence with lead agency designation The Board agreed that the Planning Board should be lead agency in the proposed Greenways project. If the project needs to come to the Zoning Board, this is a Type 1 and the Zoning Board would be able to use the Planning Board's SEQR determination but can still submit comments to the Planning Board for their consideration. Motion made by Mr. Vignaux, to concur with the designation of the Town Planning Board as Lead Agency for the Greenways project, seconded by Mr. Rosen,unanimous. Meeting was adjourned at 8:32 p.m. Submitted by Paulette Terwilliger Town Clerk ZBA June 16, 2014 pg 5 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Lori Kofoid, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O ADVERTISEMENT O NOTICE OF PUBLIC HEARINGS June 16, 2014 Zoning Board of Appeals arra tlaaazx to alrtia-thlaxAtbnOa nd: t';1 y�rr r 4Va Ved the above, ptateotaoti is,4 ,tX,bp nngd;czardre:�.t kya:dD Yat�h� kra wd A99 004,Wief and p s9vat m nfahap'tyg d Wow ,�nit�gdRad4'adafiy��nn,ir�, �dtcd4d+r�d, !Ealk�i� did, �A`��,6A^,�JdCv,t316�Pdrr1 , 6f2'k3/494 CNi*dxA,6,0F Location of Sign Board Used for Posting: APOF Town Clerk's Office 215 North Tiorya Street � TJa y Ida �44, Pm, Ithaca, NY 14850 c t,V Y�fi A�n � aavrt��ua�ttrG 1"nawda,,r�an�,ra� �uaB�h�y'�a rinuatud 4xtaX7�>thr�' Date of Posting: Wednesday May 28, 2014 �aXaa,cnh >t � 6 naptt 2�1 rr:+lgna rar ajrra ar rlh �a a a ahtl to r� aaarr°an axla4l'rt� Date of Publication: Friday May 30, 2014 ail nxf",wWjy + s Xua a Net in,ar a,"an 9 T 41" 9aat tall, welch aa;nGw adf, turner oted'drogwarodinro tea 1py i c;haanrgra sign in the mama toxo. turn.Copychaggo VOrvie are raac'perndt6O*th4/,kX 1n> Lori Kofoid #WdO zmneind 4 axr uao Deputy Town Clerk reiv'y-d aa,tjh Sip aaooatuasn nG^Fa'4waG Mans kho aha p y aet 7-001%&�irhd of ajo,io� raxc�uinr�� lnfi��dxa� AN 1�0 2 tt,t o tdn• drd�4t1 canatt,dk STATE OF NEW YORK) avatar rlar r, ina an n °a auaoAaY''atrriqrda 1ndXaad�a,. aan4,f>naaA tana nld. COUNTY OF TOMPKINS) SS: pan, arl,, lrr. l� a c a ;talaa TOWN OF ITHA R 6nua µSa na(tt rd to q,x a k7 ah ztfka anrhemin2 taiiaata a lva, VJvykut krp �ata1�9�raa:+z�nY Sworn to and subscribed before me this —_ day of O,IwE r04at rax v, 2014 atad�atuty �nFSaU"5 l�MltaYtt '�BrudcYrar rna�� _.. t t?hkacl/Ru@ay k a 2014 N tar Public lel � AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Lori Kofoid,being duly sworn, deposes and says,that deponent is not a party to the actions,is over 21 years of age with a professional address of 215 North Tioga Street,Ithaca,New York. That on the 28th day of May,2014,deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 638 Elmira Rd,Tax Parcels 31-3-5.1,Sign Variance Allen Becker Burkhart Services Inc Karen Dieter 88 Hillview Rd 6917 Vista Parkway North 631 Elmira Rd Spencer,NY 14883 West Palm Beach,FL 33411 Ithaca,NY 14850 Elmira Rd,LLC Ferrara Realty,Inc Susheng Gan and Ying Chai PO Box 6437 408 S.Albany St 202 Winthrop Rd Ithaca,NY 14851 Ithaca,NY 14850 Ithaca,NY 14850 Grigorov Family LLC Iacovelli Bros Construction Ithaca Realty,LLC 629 Coddington Rd 610 Elmira Rd A 1150 East 28''St Ithaca,NY 14850 Ithaca,NY 14850 Brooklyn,NY 11210 L Developers of NY,LLC Mitchell Ventures,LLC People of NY State )81 N.Triphammer Rd 122 Ithaca Beer Dr Empire State Plaza Building Lansing,NY 14882 Ithaca,NY 14850 Albany,NY 1.2238 Mary and Robert Swansbrough Leo Teeter&Ann Lillie Yunis Realty Inc 15 Piper Rd 214 Wood St 214 E.Church St Newfield,NY 14867 Ithaca,NY 14850 Elmira,NY 14901 618 Elmira Rd,Tax Parcel 33.-3-2.7,Use Variance Hazel Cortright Karen Dieter Eddy Hill Inc 653 Elmira Rd 631 Elmira Rd 16 E Enfield Center Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 JAMNA Hospitality JCL Developers of NY,LLC Thomas and Mary McGuire 654 Elmira Rd 2981 N.Triphammer Rd 247 Piper Rd Ithaca,NY 14850 Lansing,NY 14882 Newfield,NY 14867 Mitchell Ventures LLC People of NY State Town of Ithaca 122 Ithaca Beer Dr Empire State Plaza Building 215 N.Tioga St Ithaca,NY 14850 Albany,NY 12238 Ithaca,NY 14850 Veteran Volunteer Firemen's Association David Huckle 638 Elmira Rd Pyramid Brokerage thaca,NY 14850 Gateway Center / 401 East State St,Suite 302 Ithaca,NY 14850 00W%1" Affidavit of Service by Mail Zoning Board of Appeals Meeting 6/16/14 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. Lori KoOid,Deputy To4n Cle k Town of Ithaca Sworn to before me this 28th Day of May 2014. r. Nota Public Debra DeAugistine Notary Public-State of New York No-01 DE6148035 Oualified in Tompkins County MY Commission Expires: June 19,20—4Z 2