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HomeMy WebLinkAboutBZA Decision Letter - Appeal 2977 - 122-124 W. Buffalo St. (TLP) - 04-13-15i 0 ir 'Q4 °° C° ° ° ° ° ° a ° U 0 D0 0 °. ° ° C° p A ° ° P O ° RATti 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 2