HomeMy WebLinkAboutBZA 3171 - 130 Cherry Street - Decision Ltr1
CITY OF ITHACA BOARD of ZONING APPEALS
Sign Variance Findings & Decision
Appeal No.: 3171
Applicant: Whitham Planning & Design for owner the Vecino Group
Property Location: 130 Cherry Street
Zoning District: CSD
Applicable Section of City Sign Ordinance: §272-4A(1) and §272-6B(2).
Requirement for Which Variance is requested: Project Signs and Maximum Size of Wall Sign.
Publication Dates: October 28, 2020 and October 30, 2020.
Meeting Held On: November 3, 2020.
Summary: Appeal of Whitham Planning & Design, on behalf of property owner the Vecino Group, for a
sign variance from §272-4A(1), Projecting Signs, and §272-6 B(2), Maximum Size of Wall Sign, in a
commercial zone. The applicant is constructing a five-story mixed-use building on the property at 130
Cherry Street. The project will include 120 affordable housing units, retail/office space, artist workspace,
and gallery space. The building will be constructed as-of-right and has received site plan approval from
the Planning and Development Board. The applicant is proposing two building signs. The “Arthaus” sign
is a 3’ wide by 20’ long projecting sign that will be installed at the northeast corner of the building. It will
be 60 SF which exceeds the maximum 50 SF sign size allowed by the Sign Ordinance. The sign will be
mounted on 16” deep projecting brackets. The installed sign will project 52” (16” brackets and 3’ sign)
from the side of the building, exceeding the 18” maximum project allowed under the Sign Ordinance by
34”. The second sign, “Cherry Arts Gallery”, will be 12’ wide by 1.5’ long and will mounted on hanging
brackets to be flush with the upper story building façade. It will be located on the west façade, facing the
Flood Control Channel. This second sign meets all requirements of the Sign Ordinance, and the overall
proposed square footage of the sign package is less than the maximum allowed for the property.
The property is located in the Cherry Street District (CSD) use district in which the proposed uses are
permitted. However, the Sign Ordinance, §272-18, requires that variances be granted before a sign permit
is issued.
Public Hearing Held On: November 3, 2020.
Members present:
Suzanne Charles
Teresa Deschanes, Acting Chair
Stephanie Egan-Engels
Marshall McCormick
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
2
Steven Wolf
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: This variance is a component of an action that also includes site plan review.
Considered together, this is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act for which the Planning and Development
Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on July 23,
2019.
Planning & Development Board Recommendation:
The Planning Board does not identify any negative long-term planning impacts and supports this appeal.
They find that the size of the blade is appropriate to the size of the building, is well-designed, and is more
urban than the previously proposed wall sign on the north façade (that was reviewed during site plan
review). As was anticipated in the Waterfront Plan, this portion of Cherry Street is transitioning to a mixed-
use area. The size of the sign will not have a harmful impact on neighboring properties and will, in fact,
enhance the character of the area.
Motion: A motion to grant the variance request was made by S. Wolf.
Deliberations & Findings:
The area is hospitable to this kind of sign and this can be an interesting visual element. It will be appropriate
for the size and scale of the building. It adds dimension to the streetscape. While larger than needed for a
pedestrian viewer, the visibility from a distance has a value and purpose. The design team agreed to limiting
overnight illumination of the sign, and the Board asked them to consider lighting impacts, particularly for
those residents adjacent to the sign. The Board was confident this would address the concern, given the
team’s careful consideration of sign design and dark sky compliance.
The Board also stated that they hope the Sign Ordinance is brought up to date with the new zoning.
Factors Considered:
1. Environmental Impact
The Planning and Development Board, acting as lead agency, has conducted appropriate environmental
review and has determined the requested variance will have no negative impacts on the environment.
Furthermore, the Board’s review of the submitted plans, testimony from the applicant, and consideration of
existing conditions have not provided evidence of adverse physical or environmental impacts. The Board’s
concerns about light pollution have been addressed through design considerations and the applicant’s
agreement to turn off illumination in the early morning hours.
2. 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 proposed projecting sign exceeds the 50 square foot maximum allowed by the Sign Ordinance by 20%;
however, the size is in keeping with the new zoning. It will also provide visual interest. While larger than
allowed by right, the sign is fitting with the neighborhood context.
3. Number of letters:
3
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 proposed projecting sign states the building name, and the number of letters cannot be reduced.
4. Other signs:
The context of existing signs in the vicinity of the proposed sign shall be taken into considerations.
The other sign is on different façade with a different purpose. There is no concern about sign clutter with
this project.
5. 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.
This sign will add to character of the neighborhood and is consistent with the Cherry Street context. The
sign has the opportunity to help shape future signage and is an exciting design.
6. 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 design and extension of the sign from the building makes sense given the orientation of the building,
wayfinding requirements, and design objectives. Lighting has been given careful consideration.
Second Motion to Grant Variance: Made by M. McCormick.
Vote: 4-0-0
Suzanne Charles YES
Teresa Deschanes, Acting Chair YES
Stephanie Egan-Engels YES
Marshall McCormick 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
the Sign Ordinance, §272-4A(1) and §272-6B(2) are 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.
___________________________ November 3, 2020
Megan Wilson, Senior Planner Date
Secretary, Board of Zoning Appeals