HomeMy WebLinkAboutBZA Decision Letter - Appeal 2992 - 308-318 Elmira Rd. (Maguire Fiat Chrysler) - 08-20-15
CITY OF ITHACA BOARD of ZONING APPEALS
Sign Variance Findings & Decision
Applicant: Thomas Schickel, RA, for Maguire Family Enterprises
Appeal No.: 2992
Zoning District: SW‐2
Hearing Held On: A Public Hearing was held on July 7, 2015; however, the Board did not have a quorum.
Deliberations and decision were carried over to the August 11, 2015 BZA Special Meeting. Prior to the continuation
of the meeting on August 11, 2015, Board members Moriah Tebor and Steve Wolf, who were absent at the July 7,
2015 hearing, reviewed the audio recording of the July hearing and the submitted material for the case in order to
participate in deliberations and vote on the variance requests.
Property Location: 308‐318 Elmira Road
Requirement for Which Variance is Requested: Amount of signage allowed on a pole sign and the number of pole
signs allowed for each freestanding business.
Applicable Section of City Sign Ordinance: Section 272‐7 A.
Members Present:
Steven Beer, Chair
Moriah Tebor
Steven Wolf
Hearing: A Public Hearing was held on July 7, 2015 and adjourned to the August 11, 2015 BZA Special Meeting.
Motion: A motion to grant the variance requests on August 11, 2015 was made by Steven Wolf.
Tompkins County Review per Section 239 ‐l and ‐m, New York State General Municipal Law: The Tompkins County
Planning Department reviewed the proposal and found no negative intercommunity or county‐wide impacts.
Environmental Review: Type: Unlisted Action
The Planning Board acting as Lead Agency for Environmental Review for Site Plan Review and the requested Zoning
Variances determined on July 28, 2015 that this proposed project will result in no significant impact on the
environment and made a Negative Declaration for the purposes of Article 8 of the Environmental Conservation Law,
which was filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
Planning & Development Board Recommendation: The Planning Board could identify no long‐range planning issues
and supports granting this appeal, stating the applicant will remove an existing pole sign erected on a parcel of land
that has now been consolidated with 310‐318 Elmira Road.
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
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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 shall 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. Extending the sign so it projects 36 inches
from the face of the building, is the smallest projection that can meet the purposes listed above.: Yes No
Reasons: The existing Maguire Chrysler Dealership has one pole sign advertising the makes of cars sold by Chrysler.
This sign is 48 SF and is large because multiple car brands must be advertised. The applicant wants to add a new
dealership that requires its own advertising sign. The pole sign will only be 16 SF. However, the maximum amount of
signage allowed for a pole sign is based on the amount of the property’s street frontage and, in this case, is limited to
56.6 SF. The additional sign will create 64 SF of pole signage. In addition, the Sign Ordinance only allows one pole
sign for each freestanding business operation.
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 No
Reasons: The pole sign lettering is limited to the product’s name: “FIAT.”
3. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into consideration.
Yes No
Reasons: The applicant explained that nearly all of the car businesses on Elmira Road have two pole signs. This is
because many car businesses represent more than one dealership. Generally, franchise agreements require that the
dealership have a freestanding sign, advertising the manufacturer. The Board takes this fact into consideration.
4. The character of the neighborhood. The proposed use shall not be detrimental to the general amenity of the
neighborhood character so as 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: Elmira Road has a number of car dealerships and most have required additional freestanding signs for
different car manufacturers. The additional pole sign will not be out of neighborhood character.
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: The additional sign and amount of signage is not inconsistent with other car dealerships on Elmira Road.
Having a visible sign near the entrance to the dealership will increase the ability to safely locate the site when driving
and will be beneficial. It will not affect open spaces, views, and vistas.
Second Motion to Grant Variance: Made by Moriah Tebor
Vote: Moriah Tebor: Yes
Steven Beer: Yes
Steven Wolf: Yes
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Determination of BZA Based on Above Factors:
Taking into consideration the five factors for a Sign Variance, the BZA finds that the Benefit to the Applicant
outweighs the Determinant to the Neighborhood or Community. The BZA further finds that 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.
_____________________________ August 20, 2015_
Secretary, Board of Zoning Appeals, Date
Director of Zoning Administration