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HomeMy WebLinkAboutMN-BZA-1970-01-23 a BOARD OF MKING APPEALS, CITY OF ITHACA, CITY HALL, JANUARY 23rd, 1970 P312SM: EDISCM JONES, Building Commissioner JOHN BENTKOWSBI E RALPH P. BALDINI FRANK ALO JAMBS ROGAN DCKALD LUCK MR. jam: As a first order of business, will some one volunteer as Temporary Chairman. Mr. Beatkowski? MR, HSNTEOWSEIs In view of the fact that Beverly Martin is not here at the present time, I will act as the Acting Chairman. Opens meeting. We will start with Case No. 8639 a re- hearing an Appeak.of Shano, Incorporated, 710 Hancock Street, Ithaca, Now York, for a special permit, sign size, at 710 Hancock Street, under provision of Sectiea 7, Column 4, in an I-1 District. Who is appearing? DAVID B. GERSH: My name is David Gersh and I appear here with Roger Bassett on behalf of Shan*, Incorporated, asking for special permit, a sign exceeding size in an industrial zone. Appellant's Exhibits 1 through 20 marked for identification I would like to have Mr. Bassett sworn. ROGER BASSETT, having first been duly sworn, answered as follows: BY MR. GEM t Q. For the record will you give your name and address? A. Roger Bassett, 111 Franklin Stroet, Ithaca. Q. Are you a resident of the City of Ithaca? A. Yes. Q. you and your family live here? A. Yes, for seven years and I have worked here for seven years. li Q. You are associated with Franchise Dynamics? A. Yes, the Ithaca corporation. Q. That is H. Salt, Esq., FISH & CHIPS? A. Yes. 2- Q. Does ]`ranohise Dpnami.cs own any other franchise in Ithaca? Ae Yes, We Donut. Q. Who owns the parcel at 710 Hancock Street? A. Shano, Incorporated. i Q. Is that the location of your proposed shop? A. Yes. Q. And are you authorised by Shano to appear on its behalf tonight? A. Yes. Q. And what are you requesting? A. A special permit to put up signs of 204 square feet. Q. Hew is the parte; at 710 Hancock Street sowed? A. I-1 Industrial. p Q. Would that permit this useage, a Fish and Chips shop? A. Yds, it does. We believe we could have even built in a more restricted sofae. Q. Have you oomplied with all requirements of the Zoning Ordinance, light, size and height and so forth? A. lose Q. You are not hers requesting a variance? A. True. Q. Nor an exception? A. True. Q. You are asking for a special permit? A. True. Q. Do you know what is the maximum authority in permitting signs? A. Yes, I understand they oeuld grant up to 250 square feet. Q. And your request is what? A. 204 square feet, which is about 20% less than that which could be granted Q. What kind of signs are you requesting? A. We would like to put up two facial Signa, one on the north, one an the south, and one pole sign in front of the building. I Q. Are these signs illustrated in the picture on the deoumant here? A. Yes. Q. Is this a fair representation of the signs we are speaking of? A. Yes. Q. What is the area of the facial signs? 3 -3 t Q. That would make 96 square feet on the building. De you know the area of he pole sign? A. 186 square feet. Q. And that gives y n 244? A. Yes. Q. Will you. describe the pole sign? A. A white pole about 34 feet high and it has an wabrella earAn out td support one sign that hangs down, and an top of that another round sign. Q. Does the umbrella have any wording on it? A. Ne! sir. Q. Is it illuminated in any way? A. No. Q. It is a *roan piece? A. Yes. Q. Are yea including the umbrella as part of the 244 square feet total? A. Ysa, but it is mere or less a brace. Q. Vat is this area of the umbrella shaped supporting part? A« 9 square feet. i Q. So if we omitted that supporting piece from the ccagattation„ we would be � g asking only for 195 square feet of signs? A. Yes. I Q. Did you appear once before here? A. Yes. Q. And at that time the Beard said that there was too mach of signs? A. Yes. Q. thatp if anything, have you done to comply? ` A. We recommend taking the facial sign offs bringing the square footage down to 244 square feet? Q. This would eliminate 49 square feet? A. Yea. Q. Are other action? . you taking any A. Yes, we also have called in some architects to put in some shrubbery and stuff to beautify the area. e Q. To soften its appearance? A. True. Q. Do yon Imes the cost of the banding? A Around $55,000 is the building cost. i Q. What about the equipment that goes into it? A. $409000. Q. What is your franchise cost? A. $129000. Q. So that before you start you have aboat $1129000 invested its the building A. Yes, sir. Q. Are you renting this land? A. Yes, $19000 a menth. Q. plus for everhead, salaries, lights, heat and taxes, and so forth? A. Yes, air. Q; What hours of operation are you expecting to have? A. We plats on opening at eleven and doing at teat to start-Awith and if business does not warrant we may alone at nine o'clock. Q. When you say "close down", exactly what do you mean? A. Close the doors, shut lights off, nothing going on. � Q. Would there be lights an the signs? A. No, sir. Q. These lights mould be out at ten and possibly by nine o'clock? A. Yes. Q. Doss that property have access to Route 13? A, leo,s ir. Q. The plot plan shows it adjoining Route 13 - why doesn't it have access? A. There is a six foot fence that the State has put up along Meadow and Hancock Street. The only access we have to it is 50 feet along Hancock Street se we have to eater and exit on Hancock onto our lot. Q. Does that fence completely surround your parcel? A. Yes. Q. On all sides? A. Right. Q. I show you Hhbibit 1 and ask what that picture shows? A. That shows the fence that's embedded in concrete. It's just like the fence around our building, sit feet high, a permanent installation. Q. I show you Exhibit 2 and what foes that picture show? A. A picturo of our fish and chips shop as seen from Route 139 Meadew Stree , and also shows the six foot fence running around both sides of the buil g. Q. What about Exhibit 3? ! A. This also shows a shot of our fish and chips shop with the fence around ' I i i -5- Q. Is that takes from Reute 13 also? A. Yes, it is. Q. Did the location of this fence affect the placement of your building an your lot? A. Yes, it dial. Q. in mhat way, will you tell ung it affected the site plan? A. We had to not our banding 70 to 75 feet back from the highway. Q. Does the Stato have a right of way betwoon the east line of Hoag ow Street and the fence? A. Yes. Q. This is a six foot high fence? A. Right. Q. And you have not your building back 75 foot from that east line of Mioadow Street? A. Yes. Because of the location of the fence and the State's right of way. Q. Do you knew, what an I-1 some requires? A. I believe 10 feet. Q. Yet you have had to set your banding back some 75 feet? A. Right. i Q. Hou high is the building? A. About 20 feet. Q. Would you agree if I told you the plans I have soon indicate 15 feet? A. Yes. Q, Is it to be painted in load colors with maybe stripes? A. Noy painted white with red trim. Q. As shown in the photograph? A. Yes. Q. Has year building been erected? A. Yos. Q. It is incomplete as yet? 1 A. Right. Q, As you drive north an Route 13 what visa do you have of your bail.ding from Route 13? A. As you are going north you have very little view of the building aatil you get almost directly on top of it. The first thing you see is the fence. Q. Coming into the City from Triphaxmorg what view do you have of your building? A. As you round the carve coming ing until almost directly in frontq the ori]. thing you can see is Bush Oil tanks and until you got right ons top of the balIdIng s not noticeibloo f f r -6- Q, How musty tanks? A: I believe four, Q. Are they above ground storage tanks? A. Yes. Q. ?mediately adjoining your parcel on the north? A: Right. Q. Do you know what is the speed zone? A: Yes, forty Miles an hour. Q. Do you agreewith we that Route 13 is a major road? A: Yes. Q. Such that traffic proceeding an Route 13 would need as match warning as possible? A. Yes. Q In your judgment would it be readily possible for a motorist to change lanes or stop abruptly? A: He needs sufficient warning of our building being there and if he made a change rapidly it could cause triublet Q. It is your feeling that your building is not visible from either directiam until you are almost an top of it? A. les. Q. Iuaubstance you are saying that yea need an appropriate sign to attract business? A. Right. Q. And to show that they have to enter from Hancock Street? A. Yes. compare with the - which has a sign? Q. Will yeiu ompa yours Italian Carry Out, small A. Theirs is visible for some distance from Route 13 and they are only about 15 foot back from the highway whereas we are 73 foot. Q. Will you describe generally the neighborhood in which your parcel is located? A. Commercial, industrial, several other businesses there. Q. I show you Exhibit 4 and ask what that picture shows? A. That is a picture taken from Route 13 and shows the Hash QU Covpany tanks right directly behind where our building sets. Q. Do these obscure the view of your building? A. Yes. Q. How about Exhibit 5 - about the sane thing? A. Test this is also another shot of Bush Oil tanks with our building sittinK A. directly behind it. You can't even see the building. It also has the fence running through there. Q. Was that taken from Route 13? , A. Yes. Q. I show yea Exhibit 6 and ask what that picture portrays. A. Lakeview Dairies, which is also right neat to our location, and it shows the fence running along and also all the tracks sitting there. Q. Is that an attractive sight? A. No. i Q. That is just north of year establishment? A. Right. Q. What about Exhibit 7? A. 7 is a picture of the Century warehouse, also just north of oar location, showing a picture of the warehouse building, a sign located on top of it which is illuminated at night all night. Q. Does 8 show substantially the same thing closer up? A. Yea. Q. This is north of your establishment an Route 13? !� A. Yes, it is. Q What does 9 show? A. 9 is a picture of the old sewage treatment building seen from Route 13 as you enter into the City. Q. 3o some ane coming into the City would see this before they come to your place? A. Yes. Q. How about Exhibit 10? A. That also is a picture taken from 13 showing part of the sewage disposal E plant. _ Q. What is Exhibit U? A. It is a picture taken from 13 showing the power plant just around the corner, showing the huge transmitters, high tension wAres. Also in the aim picture you will see a junk yard with an ugly board fence around itv I guess to conceal some of the goods behind it. Q. And Exhibit 12? A. 12 shows Grossman's Lumber Company, which is one of the first sights you cameo an as you come into the City of Ithaca an the right hand side; it shows a sign which is illuminated late at night, and shows piles of lumber piled alongside the highway. 3 i E � i� Qo And Exhibit 13? A. This also is a picture of Grossman's Lumbery showing the size and also sbteeing the large lettering an an orange and white striped building. Q. Nee, all of these things are north of your location? A. Yea, sir. Q. Are there any other signs you would see as you come inti Ithaca? A. Yea, Taynton's Track and also Haverstick. i Q. Any other industrial plants? A. Those are the major ones. Q. Isn•t it tate that some one entering the City from the north would pass perhaps eight or nine unattractive plant sites before getting to your location? A. Yes, air. Q. You would then pass first Grossman's sign, then Century, then Haveratick, 11 then Bash Oilq before ever getting to your sign? A, Yea, air. Q. ?n your judgment, based upon what you have told as, do you believe your sigh would be out of harmony with the neighborhood in which you are located? A. No, I feel it would add to the attraction. f Q. What reaction have your immediate neighbors demenstrated to your plans? A. I have contacted most of the people in the area and the results were veryl favorable. They welcomed us doun there<aAdtthink it an improvement to the area. Q. Did you ask them to sign a petition supporting your appeal tonight? A. Yes. Q. Is that fthibit 16? A. Yes. Q. Dees this petition say that these people believe the sign will not be out of harmony? A. Yes. i Q. And not unattractive? A Right. Q. And that they do not believe that the sign will discourage development E nor detract from the view of other properties? A. Yes. Q. Is it not true the people have had three opportunities to object? A. Yes. Q. The first time you were here? A. Yes. I� I -9- Q And the second time? A. Yes. No one showed up. Q And this evening? S S A. Nag I don't see any here. Q. If you entered the City from the south would you see signs similar to thel! sign we are proposing here? i A. Yes. Q. When you first enter the City from the south, what is the first thing you see? A. MacDonald's sign and building. Q. Right at the southerly entry to the City? A. Yes. Q. What do you then see? A. Carroll's. Q. W131 you compare Carroll's With the sign and building vhich you propose? A. It is very similar to the building we are proposing, approximately the same sise, and the signs are approximately the sane size, same height. Q. The proportion of the building to the sign is approximately the same as what you are proposing? A. Yes. Q. Do Carrell's sign and building skew in Exhibit 17? A. Yes. Q. Proceeding further up the Elmira Road, what other signs, if any, do you aim? A. Carroll's Tires, Sales & Service. Q. As you go up South Meadow Strest 'what do you see? ss A. Gulf Car dash; the Plaza hotel Court. S Q. What does Ithibit 18 show ? A. A picture of Gulf Car Wash, which has on it anywheres from ten to fifteen signs, Which I an sure, if all were added together, would be a large sgvare footage. Q. What about Exhibit 19? A. It shows a picture of the Plaza Motel's sign, which is illuminated all night long, very hgih in structure. Q. Do you know the height of that sign? A. About 30 feet high. Q. Finally, Exhibit 20 - ghat does that show? i A. It shows the Meadow Court motel, which also has a large sign, which is E even higher, between 35 and 40 feet, and is illuminated all night long. 3 i -10- Q0 As you continue :north on Meadow Street, you pass many signs. Is the sign g you are proposing similar in may respects to the signs already esisting in the City of Ithaca? A. Yes. Q. What is across the street from your parcel? A. Urectly across is Culver's Oil Service. Q. Is that shown in Exhibit 14? A. Yes, it shows the tanks 25 to 30 foot off the ground. Q. What does Exhibit 15 show? A. Purity Ice Crean Company. That is directly southwest of us. Q. Is your plan as depicted of your own design or is it a franchise? A. It is a national image. Q. With a contract with Fish & Chips? A. Yes, schen you sign a franchise agreement you say you will put up a model building which will look like the rest across the country. Q. Buildings similar to this are being built across the country, Now York and elsohere? A. That is right. Q. is there anything further yea would like to say? A. I would like to thank you gentlemen for listening to our case, and say that we are just trying to run a mice clean organization and I think we will fit in quite well down in that area. DR. BALDIKI: You said that your building is not completed. 'What date were these pictures taken? A. Most of them about three weeks ago. Q. What do ymt call the facial in the top? Is this the part not completed? A. Yes, we are waiting for that. They have to come from California. Q. The building demonstrated is exactly what your place will look like? A. Yes, sir. MR. ALO: Do you have an idea of what the height of the sign is? A. Between 20 and 25 feet without the man ©n the top. IR. LHCMM: The Fish & Chips sign is how many square feet? A. I forget the enact size. I think about 60 square feet. Q. Is this about the same height as the Shell sign across from the Italian Carry-Out? A. Yes, just about. s THE CHAIR% Is there anybody to speak in favor of this application DOMALD MaLUMMIN: Purity Ice Crean. We are not directly south of his; we are south and across the street or would block his view, I can not see any objection really. They are in an 1-1 and I would suggest that half the signs in that parti- cular area all have variances, all such bigger than this corporation is asking for. The fact that that area over there is dark at night should be considered. Eve a sign lit up until ten at night would help in the general area. Knowing their operation, I know they maintain a clean efficient operation. I would sooner,, see something like that than a billboard on that cornez. We have no objection and are in favor of it. THS CHAIRS Any one else to speak in favor? None. Any one else to speak in opposition? Nome. MR. OMM S May I take just a few minutes? By way of suumaryq wo, have here a situation whore Mr. Bassett wishes to use kis land for a use expressly permitted,, with the intent to construct an attractive building. Regrettably the State's right of way ro%uired his to set his building back sole 75 feet and something like eight time what the I-1 sone requirement of 10 feet. Adding to his problem are these storage tanks and so forth. That, plus the speed required on Route 139 make it important that motorists have ample opportunity to see the e ' lishment well in advance in order to enter. He plana to invest a good bit of money in his business sad wantA to sacceed. He has agreed to operate only between olomraft in the morning to ten at might and may even out this to nine at night. I think it signifier that none of his neighbors oppose his application and that no one ebjeate4 but all have taken the affirmative act to si the petition and support his application, Mr. Bassett s parcel is surrounded on all sides by industrial sites and may of these already have signs similar to the ofts that he proposes. A visitor entering the City from rnQ or south can well pass by. Mr. Bassett comes before and asks that he be allowed 20% less than the mazinum, you can allow. Without that umbrella he is asking for. only 193 square feet. He has been before this Board .._ before and it was your feeling there were too many signs. He has agreed to out doun and to place shmbbery arm*d it to beautify it and he is ready sad willing t. modify that sign in any way you think appropriate. I think you will agree the Cede give as few standards as to the special permit we request but I suggest that Mr. Hassett has complied with every requirement. He i -13- p MR. GSRSH: continuing: 6 well within the lot lines, is in harmony and we feel the sign will not discourage or impair the vier of ad- jacent hand. His neighbors were willing to sign a petition with these very words. The Zoning Ordinance $� gives Mr. Bassett permission to use this land for a Fish & Chips shop, but he needs the permission to pat u a sign that will identify* his establishment and attract the customers. We respectfully ask that the special permit be granted. k.., XR, IACSNTS: How will yea light the lights an the building itself? A. From within. THE CHAIR: The hours of operation, 11:00 A.M. to 10:00 P.M. and. would be to 9:00 P.M. if business is poor. What if business is better? A. I think we will stick with the hours we said we would be open, no later than ten at night. Q. No later than tan o'clock? A Yes, sir, that is right. THS CHAIR: Thank you. I Just wanted it on the record. i i -14- THE CHAIR: We will go now to Case No. 8629 David Gersh, as attorney and as agent for Workingman's Friend Qil Company, Post QMce Box 81419 Prairie Village, Kansas, for a special permit sign size at Northeast Corner of Corn and Clint Street, under provision of Section ?, Column 4 and Section 8-A-2 in an R-3 district. Who is appearing? JAMMS KBRRIGAN: I an James Kerrigan, and I an with the firm of Wigginf, Tsapis, Golder & Holmberg, appearing for 1r. Gersh and representing the Workingman's Friend Oil Company, the appellant in this proceeding. Ax the Chairman has jus indicated, this appeal seeks a special permit for signs within the 250 square feet this Board has permission: t grant. We are seeking 242 square feet of signs, in a non-conforming use in an R-3 district. These premises have always been a non-conforming use, and further,. th were signs on these premises in the past which have been in excess of what we are seeking now. I would like to explain briefly that the petitioner is a nation-wide cabin of gasoline stations, whose primary purpose and corporate goal is to sellagas at as low a price as pea sible, and this needs as low an overhead as am be ar- rived at, in order to benefit their customers, and as a result they have no advertising budget at all. There are no games, television ads, and so forth. T4ey try to maintain an extraordinary low overhead to pass nen the savings to consumers in the area. Our position is that the signs are essential to maintain the bwdxess hors, in a neighborhood with other signs; the Co-op is direc y across the street, next door is a laundromat, with a number of signs. The last thing I want to say concerns the good faith of the corporation. Most of their stations have been in the midwest and rural rather than urban,at too. They purshased a run-down station and are improving,,it. In terms of zoning, they have had few problems and tho assumed thorn would be no problem with the signs in view of the fact that signs already existed there. We will show that we have taken doom a couple of signs, so that they will be in complete harmony with the aedghborhood. NILE BOWMAN, having first been duly sworn, ansered as follows: BY Mit. KSRRIDAN% Q. State your capacity with Workingman's Friend OU Company, I A. Building superiatondent with the company. s Q. For how long have you been so employed? z A. About thirteen years. i I Q. Basically what is your employsent? What does it involve? A. Basically of me coming in and setting up the station and patting it in oper"ion. M. BLLDINI: Is it in operation now? A. Yes. MR. Ems: Q. Could you basically describe the oorporato ep ratAon, how the cerpersti operates? A. We come into an area and try to pass on to the consumer the lowest price of gasoline and give fast service, good service. We do no service work. Q. In your operation through mach of the country there is no advertising budget within your plans? A. That is right. Q. DLd a time cams when yon purchased the promises at the corner of Corsa an Clinton Street here in Ithaca? A. Yes, sir. Q. Are you now operating that gasoline station? A. Yes. Q. At the time your purchased that you were informed, and have since foutkd out that it has had a valid non-conforming use for at least fourteen yearst . A. Yes. Q. Turning to the signs at that station under the corporate ounaership, I believe there was a sign right at the corner? A. Yea, a large Sinclair sign. Q. Do you knew approximately the dimensions of that sign? A. It was around 8 by 8 or 7 by 7. w Q. fan the post holding up that sign are there additional signs? A. Yes, banner signs about 4 by 8. Q. Two facing each way? A. Yes, one of them. Q. In addition to tl`e Moos signs you have described, were there additional signs an the building itself? A. Yea. E Q. Could you describe these, please? A. I believe "Henry's Sinclair Service" in letters across the top of the building. Q. Doing Corn Street? A. Yes. C z I -1.6- Q. Do you have a rough idea of what the approximate dimensions of that sign might have {seen? A. About 2 to 3 feet high and probably 20 to 34 feet long. Q. And another smaller one on top of the building facing Clinton Street? A. Yes, I believe it said the same thing. Q. Henry's Sinclair? A. Yes. Q, And it took up most of the side of that building? A, Yes. Q. Could you describe the state of repair of the building? A. The station was pretty well ran down. We painted it and re-surfaced the driveway and dressed it up to some extent. Q, Would you say that when it was purchased it was in a state of disrepair the commaanity and we have improved it? A. Yes. Q. Then when you coals into a community you have a kit of approximately five signs? A. Yes. Q. That was done with these? A. They were erected on the let. E Q, Afterward when it was called to the corporation's attention that maybe there would be some objection to these five signs, did year corporation.;. take any further action? A. Yes, they, or we, took down two of them. Appollant's Exhibit 1 marked for identification Q. 8ewa turning to the signs in existence today at tbia station, I show yea Exhibit 19 and ask what that consists of? A. A picture of our three different kinds of oil and the price and the name of the company with our company emblem. Q Are there two pictures of these two same signs in that exhibit? A Yes. E Q, Do you know what the dimensions of these signs would be? A. The oil sign is 8 by 16. Q. And the sigma carrying the corporate name? A. Is 7 by 1.2. Q. So the square footage area of that world be about 84 square feet? A. Right. ­17- Q* What would be the square footage of the other? 128 square feet? A Yes, air. x' + Q. Having taken down a sign, does it indicate where it is located? A. Yea. Q. The posts are still there? A. Yes. Q. Cold weather making it impossible to remove? A. Yes. Q. Looking at the second picture, is there in the background another sign? A. Yea, it's a sign for the laundromat and describes what 250 will do, a 1ML, and 100 for drying. Appellant's Exhibit 2 marked for identification Q' I show you Exhibit 2 and could you describe that briefly for the Hoard? A. A picture of our price sign that we place on the corner of Cora and Cliat street. Q standing on a post? A. Yes. Q. The same place as where the previews owner had it? A. Yes. A square footage area of 5 feet by 6 fest, or roughly 30 square feel., Q. That 30 square feet and the two signs would total 242 square fest? A. Yes, air. Q. In hte background of the picture, lower right, can you still see the pest where the earlier signs had been placed? A. Yes. Q. Has that sign noir been removodY A. Yes. Q. Turning your attention briefly to the sign in the upper left, can you see another sign? A. Yon, the Co-op sign on the side of the building. Q. Hew mach space would you estimate that sign takes? s A. I imagine the building is over 100 feet and the sign goes the whole longtk of the building. Q. so, based upon these signs and your ezamintion of the neighborhood,-you have seen other signs in the neighborhood? A. Yes, E Q. Do you feel your signs will be in keeping with the neighborhood? A. Yes. III -],$- Q. Is it essential to the operation of your gasoline station, seller gas at a lour price and passing on savings, that these on-premises signs be used? A. Yos. Q. Is this location at the cemner of Corsa and Clinton Streets heavily traveled? A No, sir. Q. Is it essential for your operation that the public have its attention called to your operation? A Yes. DR. BALDMIs What is the area of the building that faces the two sides, height and length? A. I think approximately 20 feet high and probably 40 to 50 feet on each side. 1R. LUCNNTEs Hew matey square feet on the pole? A. About 30 square foot. Q. And how many are you asking for, - a total of 242? A. Yes. MB. ALO: How high are the signs on the post off the ground? A. Probably 15 feet. 1R. LUCE=s Is this about 212 feet of signs located an the building itself? A. Yes. i Q. These signs will stay on that building? A. Yes, the doers have been closed so we cover the dogs with these signs. a THE CUM You do not do service work? A. None at all. NH. LUCENTRt Can't they be moved up? A. I suppose so but we like keeping them at eye level if we can. MB. MOMMANS Does the corporate plan include an intent to keep the signs low to the ground? A, Yes, we don't like them too high. Q. perhaps also the corporation does not intend to do any • servicing or repair work? A. That's right. Q. Although you have a perfect right to conduct these ac- tivities in any event you would be using less than year would be entitled to, to be less offensive to the noig boyhood? _lq.. E t HR. ILBRRMAN s I would like to point cut that the Planning Board has expressed approval of our application. THE CHAIR: The hours of operation? A. 6:00 A.H. to midnight. Q. Daily, Saturday and Sunday? A. Yes, MR. BALDIVI: Who runs the station for you? A. I don't know his name. They have a now man in there. THE CILlIRT Is he an employee of Workingman's Friend? A. Yea. THE CHAIRS Is there any one who wishes to speak in favor of the application? - None. Any one who vishes to speak in opposition? DMLO 3LATTZRY: Second ward alderman. Not so mmch to speak in opposition as to the tactics. We do have Zoning tars. The big billboard sign was taken down after I filed a 'co with the Building Commissioner. I have received com- plaints from the wKkbborhood; they feel they have onangk lighting down there to light up the neighborhood. I do not Ianew if this Board can do anything, but I have had lots of complaints about the lights. You are pro aware that a memorandum case from the Planning Board, td in that memorandum they find this area in an R.-3 distr and it is a non-oonforming use. How long was it before this operation opened? A. It was closed up and we went right into operation the next day. MR. SLATTERY: The Planning Board said they felt a sign below 250 square feet should be approved and the Board considered the placement. You have taken down the billboard sign but are still in violation with the other sign? 3DISCN dCK3S: That is right. They were up there without a permit. At the time they were erected I was in the hospital an I as not sure if a permit was asked for. The Building Commissioner had discovered then and went immediately about it. I told them they were way out of line, that the most they could have would be 250 square feet. Them they requested 243 square feet and I slid, "Come to the Zenigg Board of Appeals". r� i -20- MR 3UTTERY: 250 square feet is the minima for that sone. Also - if that area is not heavily trafficked - I an sure you are mistaken - that area does got a lot of traffic d there. Perhaps you are right that you have done sem. thing to fix it up. The complaint I have is that you should have been aware of the existing zoning ordinance and n t gone ahead and placed signs before permitted to. The Zoning Code says if you have an existing violation, can not issue a permit. Bat the big problem sees to be with the lighting down there. THE CUM: It is a residential area and this is operating to mid- i night seven days a week. The neighborhood should have !p a chance to settle down for the night. What- .do..you do about the residents around that area? IR. BALDIKI: Yes, my question is "What are you going to do about th people in the area rather than the 'passing motorist'? I disagree. I think the Co-op corner is one of the busiest intersections and streets. MR, A ATTMRY: In the appendix they have a statement that the. grontind of a variance must be in harmony. I an net sure if thiT had written notice to all tLe people in the area.., Mei. SAN: Yes, we did. MR. 3IATURY: I have had many complaints from residents in the area. MR. IMRRMO: There are two separate areas of lighting. W9_rsfVr first to two lights over the signs the price sign at. tke conser of the premises and the other lighting refers to.,tho lighting of the station. I think I can say, withoptt dmLbt that this corporation will sit down and discuss any of these problems at any time. I think they have indicat that and they have already taken two signs dews. ,The only party I spoke with who was in opposition was Mrs, Johnson directly in back of the promises. Hor primary objection was to the sign. I think the corporation assumed they had bought a non-oonforming use, and were entitled to this use. They came in with thw utmost gotd y faith. Ih terms of wording of the memorandan' of,the Board of Zoning Appealss they havo requested this, Be to consider location and placement of theow sigss. T s corporation will do all in its power to satisfy. We already taken down two signs. I an sure tiro will be o problem if the Board vkhes to remove the signs. They ps will nets howevers detract from the area of.the neigh- borhood, QS to the lighting I an sure the corporation will be glad to meet with the residents and I see no substantial problem. stat was the lighting before? 14i. BOWMAN: Two approach lights and we have added two lights. THE CHAIRS What were the previus hours of operation?, A. I don't know. THE CHAIR: you are supposed to be the friend of the workingman and if you have lights in frost of his window he does not get such sloop. MR. IZRRIGANs We would be glad to discuss the lighting question with the residents and I believe the natter before this Board tonight concerns the signs. BR. SLATTRRY: I think they are asking for a hanting licensai,sner their have shot the deer. MR. LUCSviss What kind of lease do you have? A. We ou the property. Q. Workingman's Friend sums it? A. Yes. Q. Do you plan to stay here? A.r , A. Yes, we will sell gas. We will be here. Int. 1MRR3DAN; I have tried to indicate thatthe corporation came in in utmost good faith and is trying to comply with the Ordinance. There may be saw question as to if sae vis es to we a non-conforming use, he must get in teach with he Board. I believe it has been improved. It was once an eyesore in the nieghborhood. And this will be dust the selling of gas. IR. BOWMAN: There are no idle cars around - Just the popple-working there. MR. JZRRMANs Since there is no advertising budget, the only way to attract customers is by use of on-premises signs. We respeotfnlly request our request be granted. And Thank yau. I Z=UTIVB SSSSICK9 BOARD OF ZOKING APPEALS, CTPY OF IrHLCA, JANUARY 239 1970 Case No, 863, ALO: Mance to grant the application with the provision that all illuminated signs be turned off at 10:00 P.M. per testimony. ROGAN s Second. VtnE: Yes - 4 No - 1 Motion carried. Application granted. rrrNM-NNrrrrrrNN-M-1�-r-N^-rrr�rr-rrN-N-NNrN-NMiNrwrNrrrN- Case No, 862, BALMI: Move that the special permit be granted,with the pro- vision that the Workingman's Friend sign of 84 sq. ft. be removed and in its place a 2 ft. by 6.ft. extension be added to the price sign, that the words,"Workingman' Friend" be suspended from the bottom:,of..the price sign, so that they will have a total of 170 sq. ft., that only the smallest sign would be illuminated and this would be accomplished without glare to residents of area and . without any farther addition to the existing.,illuminat . BNNT80WSSI: Second. VON: Yes - 3 No - 4 Motion carried. Application granted. Neat meeting of Board of Zoning Appals - March 2nd, 1970