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HomeMy WebLinkAboutBZA Decision Letter - Appeal 3033 - 120 S. Aurora StCITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Phyllis Radke, Director of Zoning Administration Telephone: 607-274-6550 Fax: 607-274-6558 E -Mail: cpyott@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Sign Variance Findings & Decision Applicant: Appeal No.: 3033 Zoning District: CBD -140 Hearing Held On: August 23, 2016 Property Location: 120 South Aurora Street Publication Dates: August 15 & 16, 2016 (The Ithaca Journal) Requirement for Which Variance is Requested: Number of Signs in a Commercial District Applicable Section of City Sign Ordinance: 272-6 B. (2) Public Hearing: August 23, 2016 Summary: Appeal of Matt Jalazo for Hotel Ithaca, LLC, owners of 120 South Aurora Street, for a variance from Sign Ordinance, Section 272-6 B. (2), which allows a maximum of two wall signs per business in the commercial zoning district and limits the size of each sign to a maximum 50 SF. Hotel Ithaca is currently constructing a multi -story Marriott Hotel at 120 South Aurora Street at the east end of Ithaca Commons. On November 4, 2014, Hotel Ithaca was granted Sign Variances from Section 272-6 B. (2), which provides that each business in a commercial district is limited to two building (wall) signs and each sign cannot be larger than 50 SF. In 2014, Hotel Ithaca requested the Board grant variances to erect six wall signs. The Board approved four of the six signs. Two of the approved signs are directional signs to be located on west side of the hotel. The third approved sign advertises the hotel's restaurant. The fourth approved sign was a combination address and "name" sign at the front entrance facing Aurora Street. On March 1, 2016, the Board approved one additional sign to be located on the third -floor level, facing the Commons. Hotel Ithaca's current appeal to the Board is a request for one additional sign for the hotel at 120 South Aurora Street. The proposed sign is a wall sign with the "Marriott" name, to be located on exterior of the 10th -floor level and facing East Green Street. This proposed sign will be 50 7 —*SF, which also exceeds the 50 -SF Sign Ordinance maximum size threshold. Hotel Ithaca believes the size and lighting scheme of the requested sign are appropriate for the hotels' massing and location. The 120 South Aurora Street property is in a CBD -140 Zoning District where wall signs are permitted; however, Section 272-18 requires the applicant receive variances for the number and size of the additional signs requested, before a Sign Permit can be issued. * Changed during the August 23, 2016 hearing to 50 SF, the allowable maximum size for any one sign. Tompkins County Review per Section 239 -1 & -m of New York State General Municipal Law: Tompkins County has reviewed the proposal, as submitted, and has determined it has no negative intercommunity, or county -wide impacts. Environmental Review: The City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Planning & Development Board Recommendation: The Board previously approved the size and location of this signage and has no further issues with this appeal. Motion: Made by Marshall McCormick. 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: Reasons: The elevation drawings of sightlines submitted by the applicant demonstrate the sign is not overly large for the massing of the building. 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 are appropriate for the size of the sign. Reasons: There could not be many fewer letters for this proposed sign. The 11 letters are one more than the actual name of the company occupying the building. 3. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into considerations. Existing signs on the Commons are similar to the proposed sign: Yes ® No ❑ Reasons: In context to other signs, this sign is not too large. It is within the 50 -SF limitation. The number of signs for this building is justified because of the building's unique location and adding this additional sign further helps identify the building. 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. Reasons: The construction of the sign allows light to be reflected off an opaque surface behind the sign, greatly decreasing glare and light pollution. The size and shape of the sign are similar to other signs in Downtown Ithaca. 2 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: Reasons: Though the sign will be in public view, it will not affect any vistas and, as shown in the line of sight information submitted by the applicant, the visual impact on neighboring streets will be very minimal. Second Motion to Grant Variance: Made by Teresa Deschanes. Vote: Teresa Deschanes: Yes Steven Beer: Yes Marshall McCormick: Yes Moriah Tebor: Yes Determination of BZA Based on Above Factors: The BZA, taking into consideration the five factors for a Sign Variance, finds the Benefit to the Applicant outweighs the Determinant to the Neighborhood or Community. The BZA further finds that variances from Sign Ordinance, Section 272-6 B. 2, 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 25, 2016 Secretav, Boa rd o o n i ng Appeals Date Director f 'ng Administration 3