HomeMy WebLinkAboutBZA Decision Letter - Appeal 2977 - 122-124 W. Buffalo St. (TLP) - 04-13-15i 0
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CITY OF ITHACA
108 E. Green Street 3rd Floor Ithaca, NY 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
PHYLLIS RADKE, DIRECTOR OF ZONING ADMINISTRATION
Telephone: Planning & Development — 607 - 274 -6550 E -Mail: cpyott @cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Sign variance Findings & Decision
Applicant: David H. Smith, Tompkins Learning Partners
Appeal No.: #2977
Zoning District: B -1a
Hearing Held On: April 7, 2015
Property Location: 122 -124 West Buffalo Street
Requirement for Which Variance is Requested: Sign Ordinance, Sections 272 -6. B. (2) & 272 -9 A.
Applicable Section of City Zoning Code: dumber of signs limited to two wall signs or one pole sign.
Distance of signage to public right of way is a minimum of 10 feet.
Public Hearing: The public hearing was held on April 7, 2015. No interested parties spoke in favor or
against this appeal.
Motion: A motion to grant the variance requests was made by Marshall McCormick.
Environmental Review: Type II Action under Environmental Quality Review Ordinance, Section 176 -5 C.
(18). (Acts of ministerial nature where no discretion is involved.)
Planning & Development Board Recommendation: The Planning Board can identify no long -range
planning issues with this appeal and supports granting it. Engineering staff have done a preliminary
review and do not believe it creates a vehicular line -of -sight issue at the intersection.
Factors Considered:
1. 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 sha�� 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 size of the sign is the smallest possible size for its purpose. Yes Z No [:]
Reasons: The signs are well within the maximum allowed square footage for signs in this zone. The two
signs can have a maximum of 50 SF apiece. The two signs will have a combined area of 7.7 SF.
2. 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 is appropriate for the size of the sign. Yes Z No [:]
Reasons: The number of letters on the signs is minimal. These letters help promote the location of the
business and indicate the entrance to the business. The mix of letters and logos is contextual and the
signs are easy to read.
3. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into
considerations. Existing signs in the neighborhood are similar to the proposed sign. Yes Z No ❑
Reasons: This is a commercial neighborhood and there are numerous commercial signs. These signs
include a pole sign for a daycare facility across the street from Tompkins Learning Partners, where a pole
sign and a wall sign are proposed to be located.
4. The character of the neighborhood. The proposed use shall not be detrimental to the general
amenity of the neighborhood character, 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. Yes ® No ❑
Reasons: The proposed signs will not affect the character of the neighborhood. As a matter of fact, the
character of the neighborhood is improved because the applicant is not seeking the 50 SF allowed for
each sign, but is providing two signs that are only 7.7 SF in area, combined.
5. 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. Yes ® No ❑
Reasons: According to the City Engineer's Office, the proposed signs will not be an impediment to views
and vistas or affect the views of on- coming traffic. Public interest will be upheld.
Second Motion to Grant Variance: Made by Teresa Deschanes
Vote: Teresa Deschanes, Yes
Steve Beer, Yes
Marshall McCormick, Yes
Determination of BZA Based on the Above Factors:
Taking into consideration the five factors for a Sign Variance, the BZA finds the proposed sign is in
keeping with the general purpose of the Sign Ordinance. The BZA further finds that the variances from
Sign Ordinance, Section 272 -4 A. (1), are the minimum variances that should be granted in order to
preserve and protect the character of the neighborhood and the health, safety, and welfare of the
community.
April 13, 2015
et and of Zoning Appeals, Date
Directo of Zoning Administration
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