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HomeMy WebLinkAboutBZA 3141-301 E. State St.-Decision Letter-11-5-2019YNMnwuv e CITY OF ITHACA Tf1tsa 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & Division of Zoning Gino Leonardi, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 ECONOMIC DEVELOPMENT E -Mail: gleonardi@cityofithaca.org CITY OF ITHACA BOARD of ZONING APPEALS Sign Variance Findings & Decision Appeal No.: 3141 Applicant: Collegetown Bagels Property Location: 301 E. State Street Zoning District: CBD -120 Applicable Section of City Sign Ordinance: Section 272-4A (1). Requirement for Which Variance is requested: Requirements for projecting signs. Publication Dates: October 30, 2019 and November 1, 2019. Meeting Held On: November 5, 2019. Summary: Appeal of Collegetown Bagels for a sign variance from Section 272-4 A (1), requirements for projecting 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. Collegetown Bagels is a tenant in a commercial space located on the E. State Street side of the building and proposes to install one projecting sign on that side of the new building. The projecting sign is a two-sided, 9.2 SF sign that contains the restaurant name and logo on each side of the sign. The sign is 31.5" wide by 21" tall and will be mounted on a steel tube that will project 35" from the building facade. The sign ordinance requires that a sign project no more than 18" from the surface to which the sign or sign structure is attached. The sign will project over the restaurant's outdoor seating area and will not encroach upon the public right-of-way. 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. Public Hearing Held On: November 5, 2019. No public comments in favor or in opposition. Members present: Steven Beer, Chair Teresa Deschanes Steven Wolf Stephanie Egan -Engels Suzanne Charles 1 Tompkins County Review per Section 239 -I & -m of New York State General Municipal Law: N/A Planning & Development Board Recommendation: The Planning Board does not identify any negative long term planning impacts and supports this appeal. Environmental Review: This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"), and State Environmental Quality Review Act ("SEQRA"), and is subject to Environmental Review. Lead Agency: The City of Ithaca Board of Zoning Appeals did, on November 5, 2019 declare itself Lead Agency for the environmental review for the approval of zoning appeal 3141, a sign variance for the property located at 301 E. State Street in the City of Ithaca. Environmental Determination: The City of Ithaca Board of Zoning Appeals, acting as Lead Agency, on November 5, 2019, reviewed the Short Environmental Assessment Form (SEAF) and determined the requested variance will result in no significant impact on the environment. Motion: A motion to grant the variance request was made by Teresa Deschanes Deliberations & Findings: Factors Considered: 1. Size of sign: The sign is allowed to be up to 50 square feet and the proposed sign is 9.21 square feet. The size of the sign is not an issue, but in fact it is the amount the sign projects from the building. In the case of the projection, it is significantly increased from 18" to 35" from the building. However, because of the triangular shape of the building, the large size of the building, and being located on a corner lot the projection of the sign is not unreasonable. 2. Number of letters: There are very small letters on the sign and the sign mostly contains the company logo. The letters consist of the company name and the CTB logo. 3. Other signs: The sign is in context of the other signs within the vicinity. The fact that it is part of the building sign package for the building, which was determined by the size of the building. 4. The character of the neighborhood: The sign is not detrimental to the neighborhood because the sign itself does not impinge on the public way and in addition, it is not a lighted sign. The building lighting that exists will make the sign visible. 5. Public Interest: The sign location is not a corner of open spaces or vistas. The sign will not impinge upon the public way or shed light and therefore has no negative effect on the public interest. 2 Second Motion to Grant Variance: Made by Stephanie Egan -Engels Vote: Steven Beer, Chair Yes Teresa Deschanes Yes Steven Wolf Yes Stephanie Egan -Engels Yes Suzanne Charles 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 272-4 A (1)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. Gino November 26, 2019 e( ard'toningAdministrator Date Secretary, Board of Zoning Appeals 3