PL MINUTES 11191991 - Laserfiche WebLink

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Planning Commission Page 2 1 Chairman Madden responded to the Management Assistant ' s � 2 contention that Penneys had a unique regional focus requiring 3 additional visibility at Apache by reporting that Commissioner 4 Franzese had called him that evening requesting he ask Mr. 5 Urbia whether it wasn' t possible that another major tenant or 6 potential tenant might make the same claim. Commissioner 7 Franzese had suggested the size of the Penneys store might make 8 a better argument . 9 10 Commissioner Werenicz indicated he had a problem with staff 11 recommending the variance be granted based on a hardship, which 12 the Commissioner had interpreted to be primarily caused by bad 13 economic times, a hardship which would not be acceptable under 14 statutory definition. He also wondered why, if the Penneys ' 15 store has such poor visibility, its management had not insisted 16 the Penney name be included on the shopping center pylon at the 17 same time Herbergers ' sign was erected in 1987 . The 18 Commissioner added that the minutes for the hearing on the 19 Herbergers variance contained testimony from Mr . Cavanaugh that 20 he saw no problem with Penney' s visibility because the store 21 could be seen by southbound traffic. The Rein Company 22 executive had even written the May 26, 1987 letter included in 23 the agenda packet, promising not to erect additional tenant 24 signs on the pylon during the term of Herbergers ' lease. 25 26 The public hearing was opened at 7; 39 p.m. 7 8 Rick Palamateer of the Universal Sign Company showed a colored 29 rendering of the pylon sign as it would look after the addition 30 of the proposed brown and white J.C. Penney signs above the 31 Herbergers ' signs, which he indicated, would remain the same. 32 The sign company representative said the only portion of the 33 Penny signs which would be illuminated would be the white 34 lettering . The distance between the Herbergers ' signs and the 35 reader boards would remain about 12 inches . Inconsistencies 36 between the sketch in the agenda packet, Mr. Palamateer ' s 37 rendering, and the existing signage were pointed out . 38 39 Mr. Cavanaugh showed the interior layout of the stores in the 40 mall in relation to Silver Lake Road and Stinson Boulevard. He 41 said Herbergers had no visibility at all from Silver Lake 'Road 42 and Penneys could only be seen by southbound traffic . Neither 43 could be seen from Stinson. Mr . Cavanaugh said the Penney 44 store had 57, 000 square feet; Herbergers 53 , 000, and the empty 45 space where Country Club had been was 24 , 000 square feet . The 46 Apache Manager then reported there is a theater company 47 negotiating to use the latter space which would require a 48 marquee for which the City Sign Ordinance makes no provision. 49 50 Mr. Cavanaugh' s explanation of why he was asking for a variance 51 from both his 1987 letter and the Penney' s signage was because 52 "things change. " He said Herbergers reluctance to sign a 0