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HomeMy WebLinkAboutSign Varaince 2009.pdf RecordID 31624 \ff ADOPTED RESOLUTION: PB RESOLUTION NO. 2009-031 Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Sign Variances for an Off-Premises Sign Town of Ithaca Community Garden, West Hill Park Located Off of Conifer Drive Tax Parcel No's. 27-1-13.15, 27-1-11.5 and 27-1-13.162 Town of Ithaca Planning Board, April 7, 2009 MOTION made by Fred Wilcox, seconded by Hollis Erb. WHEREAS: 1. This action is Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project and a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for an off-premises sign that is larder than allowed for a free standing sign in the Residential lone, located at the Town of Ithaca West Hill Park off Conifer Drive between Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27-1-13.15, 27-1-11.5 and 27-1-13.162,.Medium Density Residential Zone. The project involves the development of a 200' x 200' community garden on Town park land that will contain approximately 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner/Applicant; Marnie Kirchgessner, Recreation & Youth Coordinator, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval has, on April 7, 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on April 7, 2009, has reviewed and accepted as adequate a site plan for the proposed West Hill- Park Community Garden, dated March 5, 2009, and prepared by Daniel P. Walker, P.E., a project narrative, date stamped received March 23, 2009, and prepared by Town of Ithaca staff, and other application materials, PB RESOLUTION 2009-031 PAGE 2 NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed Community Garden project, as shown on the site plan for the proposed West Hill Park Community Garden, dated March 5, "2009, and prepared by Daniel P. Walker, P.E., and as described in a project narrative, date stamped received March 23, 2009, and prepared by Town of Ithaca staff, and other application materials, subject to the following conditions: a. Submission of one original set of the revised, final site plan drawing on mylar, vellum or paper, signed and sealed by the registered land surveyor(s), engineer(s), architect(s) or landscape architect(s) who prepared the site plan materials, to be retained by the Town of Ithaca, and b. Revision of the site plan drawing to show the location of the proposed portable toilet on the garden site, and C. Submission for review and approval of the Attorney for the Town of a license, an easement agreement, or other agreement between Conifer LLC and the Town of Ithaca granting to the Town of Ithaca the right for emergency vehicles to use the water main easement/gravel driveway to obtain access to the Community Garden site, and d. Submission for review and approval of the Attorney for the Town of a license, an easement agreement, or other agreement between Conifer LLC and the Town of Ithaca granting to the Town of Ithaca the right to use up to 10 parking spaces in the Conifer Village at Ithaca parking lot for use in conjunction with the Community Garden, and e. Submission for review and approval of the Director of Planning details of the proposed sign, including size, height, design and construction materials, and f. Alternative access to the garden may be provided utilizing the water main easement and across lands owned by Conifer provided that an appropriate license, easement or other agreement acceptable to the Attorney for the Town is provided. PB RESOLUTION 2009-031 PAGE 3 AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for sign variances for the placement of an off-premises sign that is larger than allowed for a free standing sign in the Residential Zone. Such approval shall be subject to the following conditions: a. The applicant must obtain a sign permit for the proposed sign; and b. The size of the sign shall not exceed six square feet in area, nor shall the height of the sign exceed six feet from ground level. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) I, Carrie Coates Whitmore, First Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 7t" day of April 2009. First Deputy Town Clerk Town of Ithaca TOWN OF I'THACA 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273-1783 HIGHWAY(Roads,Parks&Trails,Water&Sewer)273-1656 FAX(607)273-1704 Zoning Board off Agpeals Ajg flleation Form: SUBMIT THIS ONLY AFTER: (l) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM, CODE ENFORCEMENT STAFF OR (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW, ZBA Appearance Fee: $100 For Office Use Only +r , For,Office Use Only Property is located within or adjacent to: d rF ter. x. Please check all that apply: : Date Rece>ved { �E C• 4 t�- a r Area Variance County Ag District Use VarianceUNA Wining Dtstnct; lJ/Q igri Variance CEA y,Appheable Sections)of Town Code' ', T Sprinkler S `5 YNL-}� i`yF f•J. Variance Forest Horne Historic District q T ^� t��%�✓ S �w �a a � Special Approval State Parklanother rilunici alit P y '; — _ds;�, The UNDERASIGNED respectfully submits/ this Application Form requesting an appearance to be allowed to Q � '%ie.ys! .S� s .T.o�, rs-` 7!� 'TOuM c� SLii1e�C co{-H.nKr,.•lry c a.�o�a_� ' at _F, e•-d-r—AL , Town of Ithaca Tax Parcel No. SL 7. %-/3. iz/ , as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): �. /J/c 0-e/ ! 'c-. �• . 5' 4 1'•Yt t� /Ilu !J whRo� �'f C..h of Ll/H uv, l e-e- s,L `ZC 2cr / mac ��i. i��� I��T_S•v6. c1`i /4e l7/wr7 By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter . my property to inspect in connection with my application. Signature of Owner/Appellant: Date: z/� A Signature of Appellant/Agent: Date: Print Name Here: �\ec�eA ,75-, r- Q� Home/Cell Telephone Number: Work Telephone Number: NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the,,• variance will Your attendance at the meeting is strongly advised. Revised 4-12-08 N Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca,Tompkins County,NY ONLY PART I -PR049CT INFORMATION (To'%be completed by Applicant or Project Sponsor) 1.Applicant/Sponsor 2.Project Name Tow✓ o�- 3.Precise location(street address,road intersections,prominent landmarks,etc.or provide map:) h Gb4--1M.*12,r7 C rye lL Tax Parcel Number:' 4.Is proposed action: NEW?_k/ EXPANSION? MODIFICATION/ALTERATION? . 5. Describe project briefly: (Include project purpose,present land use,current and future construction plans,and other relevant items): iBJuZ�, S� $h $Dla Qlu.n ry..vgs Clr.rz (Attach separate sheet(s)if necessary to adequately describe the proposedproject.) 6.Amount of land affected: Initially(0-5yrs)_1,,2�,_Acres (6-10yrs) (>10 rs) Acres 7.How is land zoned presently? 8.Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO X If no,describe conflict briefly: 0Sg e-104 9.Will proposed action lead to a request for new: Public Road? YES NO—_X—Public Water?YES NO_0( Public Sewer?YES NO 10.What is the present land use in the vicinity of the proposed project?Residential_��Commercial Industrial Agriculture_d Park/Forest/Open Space Other Please Describe: G7o 141 wl-e- �a� 11.Does proposed action involve a permit,approval,or funding,now or ultimately from any other governmental agency (Federal,State,Local?) '—NO _ If yes,list agency name and permitlapproval/funding: Tb ue-, '�ffk ai e-4 12.Does any aspect of the proposed action have a currently valid permit or approval?YES NOS_ If'yes,list agency name and permit/approval.Also,state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name(Print or Type): d Signature and Date: Revised 4-12-08 FILE 1Dl� DATE 3 G61 ADOPTED RESOLUTION ZBA RESOLUTION NO.2009-032 Sign Variance -- - - -- - - - - - - -- -- - - Town of Ithaca -- Community Gardens Off-Premises Sign August 17,2009 Motion made by Harry Ellsworth,seconded by Ron Krantz. Resolved that this Board make a negative determination of environmental significance in regards to the appeal of the Town of Ithaca for the reasons stated in the Short Environmental Assessment Form Part II prepared by Town Staff and for the additional reason that the sign is less than 4 foot square and has no environmental impact. A vote on the motion was as follows: AYES: Ellsworth,Krantz,Niefer,Mann and Mountin Nays: None Absent: Sigel The motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS)SS: TOWN OF ITHACA: I, Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolutio is an exact copy of the same adopted by the Zoning Board of Appeals of To o Ithaca at a regular meeting on the 171h day of August,2009. Paulette Terwilliger,Deputy Town Clerk PART II-ENVI A.Does RONMENTAL ASSESSMENT proposed action exceed (To be coin leted any Type I threshold in 6 h the Town;Use at YES_ NYCRR,paM 61? �chments as necessa B.Will NO X If es coordinate the 12 or Town Environ Proposed action receive revie`v rocess and use the full mental Local Law? coordinated review as provided for unlisted YES_ EAF. C. Could NO X If no, actions in 6 NYC proposed action result in an Gve declaration ma RR,Part 617,E (Answers may be handwritten�'f legible)dve ffects assocbated erseded b another involved Cl,Existing air qualit, with the following; a enc if an . and disposal, y surface or groundwater potential for erosion,drama quality,noise levels, NO—sign only drainage or floodin existing traf£c g Problems?esthetic Patterns,solid waste Explain briefly: Production 'arc C2 ANe ghb ign od character?E Intent og'cal,historic,or other natural or cultural resources ?Community or C3.Vegetation or fauna,fish,shellfish or wildlife specie, threatened or endangered species?Ex NO—sin plain briefly: s�gniricant habitats,unique Hato g only. natural area,wetlands,or C4.The Toworal rs existing Ex I$Or boats as ofriciall pled,or natural resources? y ado a Chan NO—sjgn only nefly; ge in use or intensity of use of land or other C. Growth,subsequent devel NO—sign only opment,or related activities likely to 6e induced by the Proposed NO action?Explain briefly: Sion,,..,_. C6.Long term,short term,cumulative,or,,.'.,,_— FILE -i� DATE ADOPTED RESOLUTION ZBA RESOLUTION NO.2009-033 Sign Variance own of Ithaca Community Gardens Off-Premises Sign August 17,2009 Motion made by Harry Ellsworth,seconded by Ron Krantz. Resolved that this Board grant the appeal of Community Gardens,Town of Ithaca, requesting a variance from Chapter 221-4(A)(2)"Signs"to be allowed to erect an off- premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP#27.-1-13.121,Medium Density Residential Zone(MDR). FINDING The benefit to the applicant outweighs any detriment to the health,safety and welfare of the community, specifically;for the reasons stated in the applicants application. CONDITION That the sign will be erected as shown in the information submitted to the Board. A vote on the motion was as follows: AYES: Ellsworth,Krantz,Niefer,Mann and Mountin Nays: None Absent: Sigel The motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS)SS: TOWN OF ITHACA: I, Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithac a a re lar'meeting on the 17'h day of August,2009. Paulette Terwilliger, Deputy Town Clerk .J, TOWN OF I'THACA 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273-1783 HIGHWAY(Roads,Parks&Trails,Water&Sewer)273-1656 FAX(607)273-1704 Zoning Board of Al2yeals Ap2lication Form: SLJBMFI' THIS ONLY AFTER: (1) 'APP.I.YING FOR A BUILDING/SIGN PERMIT AND RECEIVING , DETERMINATION /DE;NIAL FROM CODE ENFORCEMENT STAFF OR (2) RE.FERRAL, FROM 'PLANNIM BOARD BASED UPON SITE PLAN OR SU13DIVIS.ION. REVIEW. ZBA Appearance Fee: $100 For Office Use Only1 For OfficeUse Only Property is located within or adjacent to: Date Received ��� o y Please check all that apply: Area Variance County Ag District Cash or Check No �77�� L Use Variance zoniD�s ctxb CJ. x , Lk"Sign Variance CEA u,Applicable Sectaon(s)of T0�wnCode Sprinkler Variance Forest Home Historic District Special Approval State Parklanother municipality �!C S.:rfa The U�N9DERASIGNED respectfully submits, this Application. Form requesting an appearance to be allowed t To.". ,T`i at c�en �,., P ...� , Town of Ithaca Tax Parcel No. 2 7. as shown on the accompanying application and/or plans or other supporting documents. A description of the practice difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any addition, sheets as necessary): `�I�- T 61 t� /�„9!S rJ cy✓1Rc� �1 S, r9 c>f er lLt f`�E.. �4iN C(J �.C/le-.e•� �"� G�,�t'ha1s re-✓t �j �'ee-/U d yl By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to ente MY property to inspect in connection with my application. it Signature of Owner/Appellant:i Date: ' Signature of Appellant/Agent: Date: Print Name Here: _ yvct 1DO'Evt ` C� Home/Cell Telephone Number: Work Telephone Number: NOTE: H construction of work in accordance with any variances given does not commence within 18 months, th, variance will a Your attendance at the meeting is strongly advised. Revised 4-12-08 4 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca,Tompkins County,NY ONLY PART 1 -PROJECT INFORMATION(To be completed 4 Applicant or Project Sponsor) 1.Applicant/Sponsor 2.Project Name' 7ow✓i O 3.Precise location(street address,road intersections,prominent landmarks,etc.or provide map:)) 4•tidtL-4tex. 7 o ee- � Tax Parcel Number:' 4.Is proposed action: NEW?_ ✓ EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly' (Include project purpose,present land use,current and future construction-plan5;and other relevant items): /8yX11 $. Sh FJOr to C�t�u.n �giivg� c�✓,v�k (Attach separate sheet(s)if necessary to adequately,describe the proposed project.) 6.Amount of land affected: Initiall (0-5yrs)�Acres (6-10yrs) (>10 rs) Acres 7.How is land.zoned presently? 8.Yes—proposed s action comply with existing zoning or other existing land use restrictions? If no,describe conflict briefly: n 5f- 9.Will proposed action lead to a request for new: Public Road? YES NO—X_Public Water?YES NO Public Sewer?YES NO I 10.'What is the present land use in the vicinity of the proposed project?Residential _Coinmercial Industrial Agriculture d_Park/Forest/Open Space Other Please Describe: 11.Does proposed action involve a permit,approval,or,funding,now or ultimately from any other governmental agency (Federal,State,Local?) NO _ If yes,list agency name and permi0appr6val/funding: '7 bwt 'po&7�✓ 5, 12.Does any aspect of the proposed action have a currently valid permit or approval?YES NOS_ If yes,list agency name and permit/approval.Also,state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name(Print or Type): �g Signature and Date: Revised 4-12-08 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM o (to be completed by Applicant) Applicant: Address of Property Concerning Appeal: Tax Map No.: TEST: No area variance will be granted without a consideration by the Board of the following factors: 1. Whether undesirable change would be produced in the character of the neighborhood or a detriment t( nearby properties: ' No_g Reasons: H2(�/` ✓z/� r�Ut�.n rs-sa 6P S ea �etcv 2 c.. � /J.tsa� SP S 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No of Reasons: ^T / r4r- 3. Whether the requested variance is substantial: Yes No .,k Reasons: S.�Zta+.ec.. 5 4t / �So.•,.t.� 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No oK Reasons: / ,+ r1 y r n. �P iG1 � 2 ac YJ v t �" wc��w�� /<{A� /✓.tee/� iCiV�^t L�W�� tom+/. IV 5. Whether the alleged difficulty was self-created: Yes No X Reasons: Revised 4-12-08 PART II-ENVIRONMENTAL ASSESSMENT(To be completed by the Town;Use attachments as necessary) A.Does proposed action exceed any Type I threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law? YES NO X If yes,coordinate the review process and use the full EAF. B.Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6 YES NO X If no,a negative declaration may be su erseded by another involved agency,if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten,if legible) C1.Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production and disposal,potential for erosion,drainage or flooding problems? Explain briefly: NO -sign only C2.Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources?Community or Neighborhood character?Explain briefly: NO-sign only C3.Vegetation or fauna,fish,shellfish,or wildlife species,significant habitats,unique natural area,,wetlands,or threatened or endangered species?Explain briefly: NO-sign only. C4.The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: NO-sign only C5.Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: NO-sign only C6.Long term,short term,cumulative,or other effects not identified in CI-05?Explain briefly: NO-sign only. C7.Other impacts(including changes in use of either quantity or type of energy)Explain briefly: NO -sign only. D.Is there,or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes,explain briefly: E.Comments of staff other attached. (Check as applicable.) PART III-DETERMINATION OF SIGNIFICANCE(To be completed by the Town of Ithaca) Instructions:For each adverse effect identified above,determine whether it is substantial,large, important,or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b)probability of occurring;(c)duration; (d) irreversibility;(e)geographic scope,and(f)magnitude. If necessary,add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer's Signature(If different from Responsible Officer) Kirk Sigel Chairperson Name&title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signature of Responsible Officer in Lead Agency Community Garden �fuvJ A-("� , �,0 }. ��` -. a '•`n ���.�. - $ri y'y�' p'r4`7 f�I ?"" z ��.+� -�.w�.� ,;,5 S `i_4,�4+r�,j r'r" �� • y�1� ""�F �"a +7�._ylt.�yt p � If• ��' 7T 'F.4 M h�,.y! � i 4 � 'T�l'w cY:r� .., 1 P r��? \ �r r Jf��L yu rr A4.a}" ap,.l '�,u. � • i� ��'a..� .",�1'� yP' ,::. N1r4 T�.,.}. ,�+�. 1rt'"'e�ir✓+ � �rL r 'rA- � \ � \ � p� �1t 1" r'3'�SMG'P �°*• 't.'ems �a�i f_;v p 1 r ' �p {� 1 •'''t jiL y�Alt_t I t�' r ';!t} 'l�T ;M Sit <� r l .°� }} &&...� s Fi, „�/ i., •�y, � At'.y- fit,wE YF`aat••{` ?f s' � # '}c. rit "q, MPIl �4, n 4r a t ''•-^ �ira•'.7• .� .'h, � '.+ r i a '�,_ h��,. 4'Y�x'�J �r'`5� J. � ��'kk n a v}r i f ry 4 ., �i�z��' r�y'�h 1fw"tF� .,�q • • �+' �° [t .fie- � t. :rtr � t 4r�4�Ja ��4 5�+� i JXM ti 1G 7 7 S.ii _ �!t • �` M� L ..f"TK� ` .•n� i1i��... � :. �i ��� ,. 5t"�` 4 GG�� � t4�Nri .�,la+} r���1� 'wt. 3 } •"�r� �r` 3��",. yu. �P��,� x..,d','fi `.�, F,�a��.i��rr�`+ti:�t•'g.&fi5�t day . '�c�,gyy,•. �-ii�'i � � 'f '7 4'y'"�y'��... =t �;'\ ,.y:7 t `��'Y' ik. � ��4'T y � ���yy^^..�x•:.. �`ry�ti,�'t+ t'•r �C�, 1�G Y��a,y'17y'�,;.�. �y,Sa .. '�' '�'.+. '},d'i J �' , .�t p-t6,'��t�}�yi�;�api•p .v�?{.al,4��.�a,��..:,sj�.,�,�d p j s��y'y'�a; �' r�,y �i �r• g.. ,`. S\q'�r " ,� ��°'+�'�fj gf�A�•g� p r pi�''�:��p g�F�'?'°y'' �#f r y. \ay �' ' • S"J 7+3'J4 "'f-'y,'T j'�7�i<� f c t�„ - i C$�'r a� r�✓�t5^ 4 +ti ud4� �t� �'"G �' :� �r ¢• °'`�f", �.. ;N, �R„y_r•t< �'� •�`ri.ft n'=ru,'yt,5sk�.J�l�`��' ,>:�,�S,t�� �aM�7,�� :P?"G ��?.'-i �s�4".,�4'ti 11'�` .'�2 y y�T•�.� t`ey� c�7V'��:t ���'�v�•� "� +` iti, '"-tj�;f�5t•,�`In FXy., w . ^'t•1hral ��.� �� r�'� wy,tii '� �N'4 r�aa 1u'i ��-'Fi, ���,a�4���• i'.t�•`', �� '3w. �.• may. s.a, ,<,ti „7" .4+ �1 e r •�,•" @ � r. .. �.. t0. � �F�j {t L t8;j •}y�� Vs'nf w conifer , . ._?.'{ t_y. June 16, 2009 To Whom It May Concern: Permission is granted from. Conifer Realty to the town of Ithaca to place a sign for the community garden. Sign will be installed. according to town of Ithaca. code in the manner of all town parr sign.s. It will be placed at the end of t h e existing town road kri own as Conifer Drive. 1 ry Monl.caF . PPrltchard Property Manager of Linderman Creek Apart.Inents and Conifer Village 4r, ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant: Address of Property Concerning Appeal: Tax Map No.: TEST:No area variance will be granted without a consideration by the Board of the following factors: 1. Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: '�_V Now Reasons: / C ✓ ll . rcau•n rkN Lt�Tt� ��t�v B.rr L j�`�"� re s 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No 6e Reasons: , ( L / A/ /1t/la.� Z to mod'/ �J.2e•��. eD� d.3' / 3. Whether the requested variance is substantial: Yes No-,k Reasons: S�4r►,.�. .BLS '� / � o v..L� 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No cg Reasons: �c/ /max c11n�, ``� f�L�Z ^et,Sy v t �' wou..�o� k{.s� /110/� Fiurn /✓wr c�t-f ✓�� ' h L-�ir �• A 1J"4 bI �� .�c✓G s S � �ta_vo�t,.� 5. Whether the alleged difficulty was self-created: Yes No X Reasons: --- At— x*v,,�-,i4 4.o...c tlrrrYn4r� tv _ o�ri.✓� Zvi /l ac./� b T �crf�ss Revised 4-12-08 Information on the Criteria for an Area Variance or a Use Variance Area Variances: As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals, in making its determination for an area variance, will apply a balancing test of the benefit to the applicant weighed against the detriment to the health, safety, and welfare of the community by granting the area variance. You, as the appellant, have the burden of proving that your proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals meeting prepared to prove that: a. an undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties will not be created by granting the area variance, b. the benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than the area variance, c. the requested area variance is not substantial, d. the proposed area variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district, and e. the alleged difficulty was not self-created. Use Variances: As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hardship caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated ALL of the following criteria. You, as the appellant, have the burden of proving that your proposal meets ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting prepared to prove that: a. the applicant (you) cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence, b. the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood, c. the requested use variance, if granted, will not alter the essential character of the neighborhood, and d. the alleged hardship has not been self-created. Please complete the attached "Area Variance Criteria Form" for area variances ONLY. Contact Planning and Zoning administrative staff for the "Use Variance Criteria Sheet." Revised 4-12-08 I FOR OFFICE USE ONLY PERMIT NO. I S'SLTE DATE SIGN PERMITAPPLICATION TOWN OF ITHACA 215 NORTH TIOGA STREET,ITHACA,NY 14850 (607)273-1783 APPLICATION: FEE-$20.00 APPLICATION FEE AMOUNT RECEIVED PLUS $2.00 PER SQUARE FOOT OF SIGNAGE AREA DATE RECEIVED DATE OF APPLICATION G h/G �7 ZONING DISTRICT wry/D A TAX PARCEL NO. '2 ..1- 3./S�_ 2 7. -i- ZP4* APPLICANT,y-- -�--�� �,.�T- - - PHONE ro 3 - /7 z/ 13, z PROPERTY OWNER J,s a -.,,,, ' OWNER'S ADDRESS PHONE( ) .LOCATION OF SIGN SIZE OF SIGN: WALL SIGN Otl. n FREESTANDING SIGN ILLUMINATION J ATTACH SCALE DRAWING,BLUEPRINT,OR PHOTOGRAPH ACCURATELY REPRESENTING THE FOLLOWING: (1)SIZE OF SIGN; (2)LETTERING; (3)LOCATION O UILDING OR PREMISES; (4)SETBACK;(5)NORTH POINT. 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