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HomeMy WebLinkAboutBZA Decision Letter - Appeal 3054 222 Elmira RoadCITY 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 Appeal No.: 3054 Applicant: Ithaca Joint Venture Property Location: 222 Elmira Road Zoning District: SW -2 Publication Dates: November 17 and November 18, 2016. Meeting Held On: November 28, 2016 Requirement for Which Variance is Requested: Setback requirements. Applicable Section of City Sign Ordinance: 272-913. Public Hearing Held On: November 28, 2016 Members Present: Steve Beer, Chair Teresa Deschane Marshall McCormick Moriah Tebor 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 that it has no negative intercommunity, or county wide impacts. Environmental Review: Type 1 The City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and that 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 does not identify any long term impacts and supports granting it. 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: The size of the sign is much smaller than most signs in the area. It has been erected in such a manner that it does not impede pedestrian or vehicular traffic and can be easily read. Also, the massing is in character and fitting with adjacent commercial buildings in the zoning district 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. This sign just has the name of the business and its address. Therefore the number of letters used are no more than what text is needed to convey this information. 3. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into considerations. With respect to other signs in the zoning district, this sign is much smaller and markedly more stylistic than the most signage erected by neighboring businesses. 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. As a matter of fact if most signs were constructed in a similar fashion, the commercial district would look much better. 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: The location of the sign maintains open views and vistas. There has been no public comment in opposition or seem to be any reason why the Board should not grant the variance requested. Second Motion to Grant Variance: Made by Moriah Tebor. Vote: Teresa Deschane, Yes Steve Beer, Yes Marshall McCormick, Yes Moriah Tebor, Yes Determination of BZA Based on the Above Factors: The BZA, taking into consideration the five factors for a sign variance, finds that the Benefit to the Applicant outweighs the Determinant to the Neighborhood or Community. The BZA further finds that variances from Sign Ordinance, Section272-9B is 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 communitv. December 6, 2016 Secre ar Board of oning Appeals, Date Directo f Zon' dministration