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HomeMy WebLinkAboutMN-BZA-1970-04-21 �-' BOARD OF 'ZONING APPEALS, CITY OF ITHACA, CITY HALL, APRIL 219 1970 PRESENT: JOHN BENTKCWSKI, Acting Chairman DONALD LUCENTE JAMES ROGAN RALPH P. BALDIN I FRANK ALO BEVERLY MARTIN EDISON JONES, Building Commissioner & Secretary THE CHAIR: Calls meeting to order. MR. ALO: Nominate Beverly Martin for our Chairman. MISS MARTIN Deoline the nomination, MR. LUCINTE: Nominate John Bentkovski. MR. ROGAN: Second. MR. ALO: Mows that nominations be closed. JOHN BENTKOWSKI duly elected Chairman of Board of Zoning Appeals, City of Ithaca. THE CHAIR: Opens meeting. Our first case is that of Cutting Motore' Request for a Special Permit to Section 7, Column 4, of Zoning Ordinance. This is a re-hearing of the previous appeal and David Cutting is here to answer some questions. DAVID CUTTING: This is a drawing or rather a plot plan, and here is the south corner of the covered canopy. We came to you some meths ago to ask to put a sign up underneath the canopy. This is a General Motors product sign, carried by most automobile dealerships. It is put on a sign, will be lighted, and is the smallest sign that General Motors makes. We have two nice trees in the corner and we depded long ago never to remove these trees, and thepn- . agn that would work is this small one. We would rather not put any sign up than to put a large one above the treses. I think it is 38 feet high. This is an aerial photograph of our property. (Indicates where the sign would be erected) It would be is feet in from the edge of the road. Being in a B-4 sone, under petition, this could give us 250 square feet, and this request would keep us within that. It is 28 feet 6 inches and 8 by 8. -2- `.� DONALD LUCENTE: Is there any requirement for distance from the road? COMMISSIONER JONES: I believe 10 feet in that area. The front yard is 10 Feet and 5 Peet on the side. DAYID CUTTING: And this will be 15 feet in from the road and 5 feet 6 inches from the side. DR. HALDIN I: You were asked before if this sign was temporary and you said you would have to say it is, and I asked if it was lighted and you said, "I don't think so". Will this sign take the place of the others? MR. CUTTING: I would like to take that word "temporary" off. It won't last long. I would like to have something there first which you approve under the canopy. It is made out of wood and is really only temporary but it may last there two years. 148 square feet and 69 square feet now would give us 217 ware feet. THE CHAIR: Is there any one who wishes to speak in favor of this application? None. Is there any one who wishes to speak in opposition to �.. this application? None. -3- THE CHAIR: The next case is No. 874. Who is here representing? STANLEY TSAPIS: I am Stanley Tsapis, attorney for the appellant. We are here to appeal the order demanding that we remove the signs on the building, which are the lettering signs on three sides. The Supreme Court of Tompkins County has ordered us beck here after we took the appeal, to exhaust oar remedies, whish require that this Board act upon the application. We are asking for this exception because we need it and mast have it. This matter has a long history and many statements hare been made, m&W representations made, and $ome hard fWAngs created. We are here, like some of the new members of this Board, as inheritors of this problem.. The group now operating Roast Beef is in no way connected with Martin and Bassett, who created the business. The franchise has been sold to wily Pried Chicken. Also, we were not part of the oreati.on . , of the problem. The Donut Shop has nothing to do with the franchise of Roast Beef. The two problems have to be separated and I hope the Board can pat aside in their minds what has happened in the past, and Judge this appeal on its merits and in context with the present-day situation. The reason the Zoning Crdiaaae provided for signs was to prevent annoyances in the neighborhood. They want to maintain a certain stan.» . lard in the area, prw"t traffic hazards, and to make sure the local neighbors are consulted and considered. We have, here a petition sigro►d by 42 people in the neighborhood, Indicating no objection to the signs am urging the Board to consider this again. Darr signs are not out of keeping with the neighborhood nor the building. These signs are very attractive in relation to the kind of signs on Meadow Street, in keeping with the neighborhood and the manner in which the street is developing. We feel this sign is an integral part of the business; we need it for expanding competition that our company fades each day. , The cost of removal of the signs is a factor which we request you consider. We think it is within your ability to grant what we ask, 229 square feet of sign. That these signs be lit' ' is not any part of this appeal. We would however, consent to abide by any reference from this Board with relation to lighting the signs. The Planning Board has twice previous turned down our request, but this time has voted to take no position either for or against the petition. I say this, knowing that this Board is not bound by any recommendation by the Planning Hoard. I find it iiteresting that they have preferred not to oppose or recommend any action bythis Board - previous to this time, as you all know, they flatly rejected our application. Just because this identifying mark takes the form of lettering is not less of a sign than the Golden Arches of Mac Donald's, nor the orange top of Howard • Johnson's, nor any symbol. I submit our sign is different; it contains lettering. If that were a flat piece of yellow, would it be any less of a sign than the golden arch? Now I would request your permission to call several witnesses. JET MACK9 245 Hayts Roadp Ithaca# being drily sworn, '< answered as follows: BY MR. TSAPISs What is your full name? A. John F. Mack. Q. Are you employed at present? A. Yes, by Kentucky Roast Beefs a subsidiary of Kentucky ,hied Chiakern, which is operating now at 744 Buffalo Street. Q, What is your capacity there? A, Supervisor of Ithaca Roast Beef. Q. The subject of the premises before this Board tonight? �.. A. Yes„ right. Q. Are you here to apply for permissions to retain the signs on your building at present? A. Yes, Q. Is Mr. Martin relating to this corporation in any way? A, No. in no way. Q. How about Mr. Bassett? A. That is also true for Mr. Bassett. Q. Is your personal relationship separate and apart from them? A. Yes. Q. Do you have any interest over the Donut Shop? A. Ne. Q Is there arq relationship between that operation and your operation? A. No. Q. Do you own the signs on the building? A. Yes. Q. Is this part of a national advertising identification scheme? A. Yes, this is the Number One store in the nation and fits in with our general scheme; it A me of the fox company owned operations in this area. Ih fact,, it was the pilot operation in the Nast. Q. Is this building as it exists, the one advertised throughout the country? A. That's right. Q. Have you asked in your petition that these signs be lit? A. No, in no way. Q. Have you lit them? A. No, as far as m' knowledge goes, there is no wiring provided in the building for this. Q. Do you need these signs for the attracting of customers? A. We need them to promote this national image, for recognition, so people knew what is there. Q. Did you and David Gersh go about the neighborhood and ask the neighbors to come tonight? A. That is right. Q. Did you ask them to sign a petition? A. If they couldn't be present - and we asked if they had any objections and if anything was offensive to them in the area, so anybody we have talked to could see the building. Q. Laid the people you talked to sign a petition? A. Right, and not one refused. Q. Did you go to every house in the area? A. We vent to every one. Appellant's Exhibit 1 marked for identification, being such list of signatures Q. Z show you Appellant's Exhibit 1, marked for identification, and dated April 210 1970. Is that the petition you circulated throughout the neighborhood? A, Yes, sire Q. Would you readthe petition, and we will leave it with the Board to consider. A. Reads: "We, the undersigned, live or own property near the Col. Sanders Kentucky Beef. building. 'do have seen the signs on the side of this building, reading "Kentucky Beef" and know that the owners of this business are asking permission to use and display these signs. We have no objection to this request and believe that the use of these signs would not detract from the appearance of our neighborhood or otherwise be undesirable." (Lists names) Q. What is the size of the signs requested? A. 229 Square feet, total. �.. Q. You were not connected with the original application, nor the can• struotion of the building? A. 3h no ray. I awo November lot, 1969. MR. LUCENTS: How late do you stay open? A. Sloven o'clock and we are considering closing earlier than that. And let me say that I do not believe that it would be a help to have the signs an the building lit. There aaren's air wires there atyay. DR. BALDINI: Are you aware that the first photos shown here did not shat these signs nor the bucking plate nor the bolt holes? A. No. DR. BALDINI: You talk about a national image. I wonder when did Kentucky Roast Beef decide thein national image had to be different than the initial plans of the building? It would seem, if you are trying to establish a national image, like the golden arches$ which have no words an them, that it would not be similar. MR. TSAPIS: It is my understanding that they did show a picture of Kentucky Roast Beef with a picture of the buildings. Q. Hr. Naok# who owns and operates the Kentucky Roast Beef franchise that operates there now? A. Kentucky Fried Chiokent out of Lo dsville, MMtu01y. They purchased it from Fred Martin and Associates and they are completely divorced from it neat. THE CHAIR: When did your purchase the franchise? A. October 1st, 19690 when Mr. Martin was with the cospuW as a corporate officer, and he sold out and went to work as an employee, and since than has resigned. Originally he owned the franchise and operated it, and then sold it back to the parent company and they now owan and operate that franchise. DAVID G SH, having first been duly swroxrn, answered as follows: BY MR. TSAPIS: Q. Your name, address and occupation? A. David Gersh, 213 Richard Placer partner in the firm of Wiggins, Tsapis, Colder, Holmberg and Gersh. Q. At my request did you investigate the traffic problems created by this store, which is the subject matter of this proceeding in the City of Ithaca? A. Us. Ih doing some prelimWary research, I faced that the reason behind the sign restrictions and the Zoning Ordinance is to avoid creating a neighborhood nuisasme, and second, avoiding traffic hasardso and because • I admit nV om lack of knodedge I spars with Chief of Police, Herbert Van Ostrxnd and discussed traffics patterns in and about Meadow Suet with him, and these signs as they now exist. Q, Did he indicate any traffie problem as a result of the display of the signs in that area? A. No. He indicated to ms there had been no aacidents, to his knowledge, caused by these signst and seoond, as a police officer, these signs could not possibly cause any distraction or traffic hasard because of their location back from the road and because they were high in the air. He Indicated that he would Like to appear before the Hoard but had a prier oomaittmont. I went around with Jobn Moak to see the neighbors in the ansa and although we spent three or four hours knocking on doors, not being able to see soars people who were at work# but did knock on their doors, without exceptiien from the Kentucky Hoof building in all, direa- tions, and all of these peapie who were home,, posted us enthusiastically and sapportod the application, thought the signs attractive and wanted us to know they had no objection tcthe signs anA in fact, supported our application. We asked them to appear tonight, or if they could not, to sign this application. ,Q, Have you filed our mailing affidavit also? A. Right, I have. THE CHAIR: What is the purpose of the signs? A. The basic purpose is a sump orbial purpose, to identify this eastablishrmmat, and attrsot customers. THE CHAIR: What were the reasons you mentioned, the reasons for the restrictions? A. To avoid having a subject promises with an over-abundaraa of of signs in terms of area or design, to create a nuisances in the area, and to avoid traffic hassards or distractions. THE CHAIR: We talk about polution. I think signs can create visual polutAon. A. I submit that the people best able to maks that determination are the people who have to look at these signs every day, and these are the sane people who told moa these signs were nice cued they felt added something to the neighborhood and think they are an asset, MR, TSAPIS: The thing I hoped to avoid in the beginning was to divorce this application, from the past. I know certain reprh►sentations were made acid mein that misrepresentation ware made, but now I ask you to ,fudge this application �.. on its merits, re-assess it as to what yam, have dans along that street for some time! and I submit that along that strest have such signs, and I respectfully urge this Hoard to consider this matter on its om and not on what has occurred in the past. e e^ s° DR. BALDINI: Who brought the ease to the Suprema Court? MR. TSAPIS: I did it in Vincent Giordano's name. I think when I first boomw involved, Mr. Martin was a member of the corporation but when it was argued in March, he was not part of the organisation. Regardless of what Martin has said or done, I an asking you to consider this in and of itself, on its own merits, tonight. That is what Judge Bryant has asked you to do bg reforring it back here. mNg J. SULLIVAN: 206 -south Meadow Street. We are apprroodmately only about loo feet from the sign on Maadow Street and we have no objection. We Zook at that sign emery day and don't seoar:ything wrong with it. I think it helps their business some; I have seen people come in fror4 sayp a football game and they find the place. It doesn't bother me at all and I live right across the road from it. MR. L fTM: Would you object if it was lit? r A. That I isouldn't answer. They said they didn't want it lit. If didn't drag bugs, it would be all right with me. MRS. SULLNAN: I think we are qualified to speak because we look at two sides. I thank it is an attraction instead of a dis- traction. I too have observed mwW oars see the sign �.. and pull in because the sign attracts them. ANNA MAHOM: 703 West green Street. I have no objection to that sign and I live right around the corner. BLANCHS THOMPSM: I live right on the side of it. No objection unless they light them. They have so maw lights around there now gun can't even sleep. Yq back yard is just U*L day air night. That Donut Shop operates 24 hours a ciy« You think the cars are coming right through the house. 4 7f I an 70 years old and I can't fall asleep right That place shouldn't be open 24 hours a day right beside people's hoes. I just wouldn't want any light around there, lit up like day all the time. I never have to turn an lights to get around the house. I don't care about Kentucky Beef if they don't light those big lights. I live an Cleveland Avonne right next to ,the Donut Shop. MRS, STAFFORD: 303 South Meadow Street. Some on* made the remark that they went south on Meadow Street to get the names of people 1n favor of this. Until tonight I didn't know this mosting was going to be hers. I understood two weeks ago that we wos1d be notified again when the meeting was going to takes place. I would like to know when +they- Tat those signatures because no one has stopped at x' house at arty tire. Why should Untucky Beef have L an excerption when friends of mine have not been able to? MR. TSAPIS: Because every case is different, This Board has ruled on =` cases who" they permit these signs and others they have ruled against. MRS. STAWORD: I am opposed because what is to hinder them from wiring those signs up and lighting them? MR. TSAPIS: This Hoard can, prevent that. This is not ccntemplaterd. At no time have we asked that they be lit, BEVERLY MAATIR: How many Rentuo1W Beef stares are there? MR. MACKt 939 I think„ to be mmot. MR. TSAPIS t Whether the third or the stye-third stem, under those conditions should the sign be permitted? THE CHAIR: Mars. Stafford brought a point up. She is concerned about the business of the signs being lit, with the sockets and bulbs in. MR. TSAPISt The bulbs ars in. THS CHAIRt you are saying to us that the signs will not be lit? MR. TSAPISt Absolutely. TEM CHAIR t What is to prevent you fress selling your franchise and our having a now appeal? MR. TSAPIS: That could happen. .: THE CHAIR: Then we have to consider What Mr. Martin xepre�, to you. MR. TSAPISt Because we ars here asking your permission to oaatit�e our business and aigboctr who succeeded us would have to comms k+sfcP<♦ this Board and o owin" this Board these signs should be lit, then, and I subnit at that time you would have a right to say "No". As fair as we are cart. c erned, we represmt to youthat these signs will not be lit; at no time have we asked for it. I could not say some orae else could not come and appeal an that basis, Our application is net for a lighted sign„ and anybody who wants it would have to cone before this Hoard as we did. I tirill never appear before this Hoard and ask that they be lit. Z=UPI{►ffi SBSSICN, BOARD OF ZCNINQ APPEALS, CITY OF MALA, APRIL 21, 1970 it was moved and seconded that the first order of busing ss In wAsoutive session will be a queue of open meetings w idle • oaadsa►oting +sxoaut3." sessions. lane 3aaesiasa►.. BALDI'NI s Move that this Board go along with the valing of the Attorney t3eewnIq that the reed of the *vete mast be kept; that &Vtody abstaiabW not sign ballot, and that we would inforsoally agree that all ballets of We Board be with rums, date and erase ager. BW1 WSKI s Second. YtrB s Yes •. 6 No. .. 0 ALO: Mwe that this body will oli xlywto wosoutive sessions and opon its entire meeting to the public. NO SHCCKD. The reasons for oont41--'ng the executive sessions are as follows: 1. The Hoard fools that the p►alblio wa111 be batter served by +Jds mocative session. 2. That its doUberatiow c t*roing the petition ars not as important as its decisions. Thwof+are, as a ocaprodso between the open or closed sossia% the decision has been reached that there shall be a psbhies record of the gate talo,, together with the name, the date and the *as* number, and this shill be a ,matter of record. FROM r Board of Zoning Appeals TO: Casa Cowwdl DAM April 229 1970 MR40 tAN'DUM: It is suggested by the Hoard of Zoning A,ppsals that the Canon Council consider the feasibility of cone sideving the signs ereated on property as either taomble by square footage or assessed with the baUdirtg. �.. CASE NO. 867: Catting Motors ALQt Move that the applioatiovn be granted. EEN'PKOOKl: second. VOTK: Yea - 6 No - 0 CMS N0. 874: Kmtuoky Beef L l=z: move that the application be granted in mmordame, v th the teati,eorW of the appellant, that the appellant wM nev%,, appear before this Hurd petd tiomUg that the signs be 41 load hated. ROQAN t Secsond. VOTE: Yes - No » 5 r.. 10 Als. Lte, si Cie o1 0 r�ati -( CoC. Sys �ec'� UAL G►a.�c ,;"K ItA st t%c ftu f of Axo-AiA7 �I 8M 44 I"W/ -14ta V.0- ~841 df ' ' ' apt c�,ell �earw►iSSia� '16 k�e a,,,,�Q �`.c�ola,�, �S� Sites +eA W*,40AC Of VUA. A&#01not -vc Sy AOK l✓ r � �. j1 /J �i f tGy ✓C�. L g�LCst zl,..,, �� WIGGINS. TSAPIS GOLDER AND HOLMBERG p `� ATTORNEYS AND COUNSELORS AT LAW 908 NORTH TIOGA STREET ✓ A.J,�� ��,.- %f,--Q�4j!,�I/I JI L/I _.. / / �` /�, ,����� � ITHACA. NEW YORK 14850 I CLQ0 z:19 -7 A- -,Z /14 L 67 - y so I WIGGINS. TSAPIS GOLDER AND HOLMBERG ATTORNEYS AND COUNSELORS AT LAW 308 NORTH TIOGA STREET ITHACA. NEW YORK 14850