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