HomeMy WebLinkAboutBZA 3120-301 E. State St.-Decision Letter-3-5-2019CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
Gino Leonardi, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E -Mail: gleonardi@cityofithaca.org
CITY OF ITHACA BOARD of ZONING APPEALS
Sign Variance Findings & Decision
Appeal No.: 3120
Applicant: Whitham Planning & Design for City Centre Associates, LLC., Owner
Property Location: 301 East State Street
Zoning District: CBD -120
Applicable Section of City Sign Ordinance: Section 272-6 B (2).
Requirement for Which Variance is requested: Size requirements of permitted signs.
Publication Dates: February 27, 2019 and March 1, 2019.
Meeting Held On: March 5, 2019.
Summary: Appeal of Whitham Planning & Design on behalf of the owner City Centre Associates, LLC
for a sign variance from Section 272-6 B (2), size requirements of permitted signs. The property at 301 E.
State Street is located on a triangular lot that fronts on E. State Street, S. Aurora Street, and E. Green
Street. The applicant proposes to install one projection sign on the E. State Street side of the new City
Centre building. The building is 8 stories and approximately 100 feet in height and the applicant proposes
to install the sign approximately 35 feet above the sidewalk grade. The projection sign is a two sided sign
that contains the branding name and logo on each side of the sign. The calculated area of the sign is 100
square feet per side, for a total of 200 square feet. The sign will project approximately 48" from the face
of the building and have 23" illuminated letters mounted on the sign. The sign ordinance allows
businesses either one freestanding sign or two wall signs provided no individual sign exceeds the
maximum square footage of 50 square feet. The sign is 200 S.F. of the 50 S.F. required by the ordinance.
The property is located in a CBD -120 use district in which the proposed use is permitted. However, the
Sign Ordinance, Section 272-18 requires that variances be granted before a sign permit is issued.
Note: Variance is granted per the conditions stated in the determination.
Public Hearing Held On: March 5, 2019.
No public comments in favor or in opposition.
Members present:
Steven Beer, Chair
Teresa Deschanes
Steven Wolf
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: This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance
("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is not subject to
Environmental Review.
Planning & Development Board Recommendation:
The Planning Board considers this sign package appropriate in scale and design in the downtown core The
Board does not anticipate any negative impacts and supports this appeal.
Motion: A motion to grant the variance request was made by Steven Wolf.
Deliberations & Findings:
The Board discussed the size, lighting, and scale of the sign. The Board weighted the benefit to the
applicant vs. the character of the neighboring properties concerning the size and lighting. The proposed
variance for the size of the sign would result in a 100 % increase above the allowable square footage. The
issue of having a lite sign, 24 hours per day for that size of sign; the Board felt that this proposal would be
a substantial variance. The Board suggested to the applicant that they propose a compromise, taking into
consideration the comments made by the Board. The applicant could then present the proposal to the
Board for consideration. The applicant decided that they would like to amend their proposed and reduce
the size and limit the times that the sign would be lite. The applicant proposed to reduce the size of the
sign to 80 SF per side for a total square footage of 160 SF for the projection sign. The sign letters would
be reduced from 23" to 20" per letter which would proportionally reduce the size of the sign. The Logo
will remain the same size at 37". Furtheiniore, the applicant proposed to limit lighting times of the sign,
to be turned on at 4:00 PM and turn off at 11:00 PM each day (7 days per week).
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.
Given the up zoning and the scope and scale of the building, the sign as amended is appropriate. The
functions of way finding, branding, and the sign location as designed and scaled, is a reasonable
compromise between the applicants' interest and the character of the surrounding area.
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.
The number of letters is not extraneous. There are as few number of letters in the sign as necessary and the
number is appropriate for the size of the sign. The sign also contain a logo that is fitting for the purpose.
3. Other signs:
The context of existing signs in the vicinity of the proposed sign shall be taken into considerations.
The other proposed signs on this building are by right. Some of the signs located in the neighboring
vicinity have been granted variances similar to this proposal.
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.
The applicant agreed to reduce the size and period of illumination, in respect to the understating of the
traditional character of the neighborhood and protecting public values. The resulting proposal of the
applicant to reduce and limit the illumination of the sign is appropriate.
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 conversations concerning the permitted sign area, visual clutter, and light pollution, resulted in the
resolve that the variance conditions integrate the public interests.
Second Motion to Grant Variance: Made by Teresa Deschanes.
Vote:
Steven Beer, Chair Yes
Teresa Deschanes Yes
Steven Wolf 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, Section 272-6 B (2) 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
community.
*Condition: The size of the overall sign shall be 80 SF per side for a total square footage of 160 SF for
the projection sign. The sign letters would be no larger than 20" per letter and the Logo will remain at the
same size, having a 37" diameter dimension. The illumination of the sign will be limited to 4:00 PM and
turn off at 11:00 PM each day (7 days per week).
, _ / _March 21, 2019_
� 'ard of Zoning Appeals Date