civus
Hearing video

ZBA Hearing - February 21, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20232h 21m

shopping center is that correct

Similar wording

yes sir

Similar wording

okay and that's

Similar wording

the second billboard that we see

Similar wording

with the white sort of white face that's the one

Similar wording

right at Spring Garden Street

Similar wording

Yes, sir.

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

And then there's, I guess it looks like almost like a third one, but that's not on Delilah's Den's property, correct?

Similar wording

And then there's, I guess it looks like almost like a third one, but that's not on.

Similar wording

That is correct.

Similar wording

It is not on Delilah's Den property.

Similar wording

Go to, you have that, what do you have next?

Similar wording

We'll go to the next one that you have in your sequence.

Similar wording

You've done a location map.

Similar wording

I don't know if we can blow it up just a little bit or if the board can see it.

Similar wording

so um our location is clearly up marked as this location correct that is correct it's on the left

Similar wording

hand side i'm indicating left hand side and that's about you've pinpointed where this our roofs our

Similar wording

existing roof sign is and where the uh proposed modernization sign will be correct yes sir okay

Similar wording

How did you, what does this show? It shows you have a 06, go back up, go back up. You have a 060405, I-95, MM-22, Lamar reading, two faces back to back, HAGL-70. Can you tell us where that's located and what those different terms mean?

Similar wording

This exhibit shows, the blue dots show permitted PennDOT non-accessory permit numbers and locations.

Similar wording

So the first line, 06-0405, is a PennDOT non-accessory permit number.

Similar wording

06 is PennDOT District 6, which Philadelphia is within.

Similar wording

The next line is an approximate location to where the sign advertises to.

Similar wording

So this is along I-95, mile marker 22. The third line is the owner, Lamar. The fourth line is just the general configuration, how many faces, and these signs in question are back-to-back, so they're double-faced.

Similar wording

I mentioned previously they're 20 by 60 each face. That's 1,200 square feet back to back. And the HAGLE stands for height above grade line. So from the grade to the bottom edge of their faces is 70 feet in each case. So they're approximately the same height relative to their respective grades.

Similar wording

Okay, and so from what your markings mean, and you're saying that this is intended to be principally visible to the I-95 cartway, is that correct?

Similar wording

That's correct, and by virtue of being double-faced, they advertise to northbound and southbound.

Similar wording

Okay, now the one below that is marked as 06-0396. Is that the one that had the Dunkin' Donuts and the check cashing on the two sides?

Similar wording

Yes, sir. That's correct.

Similar wording

Okay. And I guess just for purposes, it's a Lamar sign.

Similar wording

It's back-to-back has been shown, and it is also about 70 feet above grade at that point.

Similar wording

To the bottom of face, yes, sir.

Similar wording

To the bottom of face.

Similar wording

And then there appears to be another one down below that we haven't shown as being in the vicinity of Delilah's.

Similar wording

But as I said, we were we were countering the issues that was raised, that it didn't appear like that there were non-accessory signs across the way at 100 to 30 Spring Garden Street.

Similar wording

So but across the way, so across the way you have a red X demo is has there been a removal of an existing billboard sign by Clear Channel?

Similar wording

Yes, that's a clear channel sign. It was a rooftop sign. Approximately 720 feet south of our location. And that was its permit number. It was a single face that just advertised the southbound traffic on I-95.

Similar wording

Okay. Can you go to your next slide, which I believe would be the zoning application for 412 North Front?

Similar wording

Yes, second.

Similar wording

Now that I believe we've marking is a 22 this map of showing the locations of different signs in the area a 23 will call zoning application for one two oh four four four four 12 North Front Street, and this shows, I guess it's hard and may be hard to read unless we can blow it up a little bit.

Similar wording

But the description of the work was that there was a previously approved billboard sign at permit number, you had it for a second, there you go, 225356, and that is that billboard that we've seen, that is the Dunkin' Donuts and check cashing billboard, correct?

Similar wording

Michael?

Similar wording

Hello, Michael?

Similar wording

Michael, you're muted.

Similar wording

Michael, you're muted.

Similar wording

Michael, you're muted or I can't hear you.

Similar wording

Michael, you're muted or can't hear you.

Similar wording

Oh, you're muted.

Similar wording

Mute now.

Similar wording

Okay, now.

Similar wording

Can you talk?

Similar wording

Oh, we can't hear him.

Similar wording

Michael, we can't hear you.

Similar wording

Somehow we can't hear you.

Similar wording

We lost you.

Similar wording

Hmm.

Similar wording

Can you hear us?

Similar wording

Michael, can you hear us?

Similar wording

We had him.

Similar wording

Okay, so I think what he has to do

Similar wording

is go out and come back in

Similar wording

and see if that works.

Similar wording

Maybe go back and come back in, Michael.

Similar wording

We were just going to.

Similar wording

OK, so, Mr. Powell, it seems to me that you pretty much know his testimony pretty well.

Similar wording

So would you want to finish?

Similar wording

Well, in a way, Mr. Chairman, we were going to get into with Michael and just roll through again that our refusals are for the bottom edge.

Similar wording

of the you know we were going to get into that we're visible really the targeted area is coming

Similar wording

off the ramp of cattle hill right not the main cartway of i-95 and so therefore i don't know if

Similar wording

michael's trying to get back in and therefore um one of the refusals was that we're at 28 feet above

Similar wording

the roadway to be intended and it was interpreted that the roadway to be visible from was uh second

Similar wording

street whereas we're saying is from the pictures that michael's put on we would have gone through

Similar wording

the pictures to show you the off ramp that's right alongside where our building is um that

Similar wording

we believe that we're well within the 25 feet that's allowed and that the hardship would be if

Similar wording

we had to comply we'd have to tear down part of our building since it's sitting right at the rooftop

Similar wording

um to even comply with the 28 feet uh michael's already testified to where we showed where the

Similar wording

different residential districts and commercial districts are um or the residential districts

Similar wording

are on like second and brown up up the way and how the limitation of visibility also we presented

Similar wording

the last hearing we're just going to have michael go through it again that right at spring garden

Similar wording

street is 200 spring garden street right at front in spring garden a new high rise has been built

Similar wording

but, and they're sort of creating a cove effect for us that blocks even more

Similar wording

the visibility of the sign.

Similar wording

I think we had a lot of testimony the last time relative to that.

Similar wording

So, so that, you know, that would, that would be it.

Similar wording

The only other thing I was going to get into with Michael.

Similar wording

Michael, can you hear?

Similar wording

Michael, can you testify?

Similar wording

Michael?

Similar wording

It has to be something with his audio, I believe.

Similar wording

I agree.

Similar wording

I'm texting him right now because that's worked.

Similar wording

Let's see how fast that goes.

Similar wording

So the biggest thing that we were, one of the things we were just going to go through is, you know, Mr. Reuters here.

Similar wording

He's been for the city.

Similar wording

And we'll just lay it out with regard to the fact that we want to suggest that the city could be looking at this in the way of a business competitor.

Similar wording

The city has the ability of 1490515 of the zoning code to have on municipal properties, billboards, digital signs on municipal properties, regardless of any restrictions.

Similar wording

So it's at 1590515. And in fact, any revenue that the city of Philadelphia gets, it is allowed, the director of finance, 1490515G, is authorized to create a special separate fund held by the city of Philadelphia to deposit in such fund any revenue collected by the city with respect to advertising signs erected on municipal property

Similar wording

erected on municipal property and to provide for the disposition of such funds to the school

Similar wording

and to provide for the disposition of such funds.

Similar wording

district of philadelphia very laudable goal but it does put the city potentially in the business

Similar wording

of advertising outdoor advertising without the same restrictions that were being imposed on us

Similar wording

and i was just going to ask michael i have to right behind us

Similar wording

let's let's try it let's try to get like i think right behind us is the fire administration i know

Similar wording

But listen to me. Listen to me. I think that issue you raised, maybe you could talk about that because we have a point here where you're going to have a chance for closing statements.

Similar wording

Yeah. OK. I guess the question is, are you comfortable?

Similar wording

What Michael Michael's testimony or are you are you solid?

Similar wording

The only other thing was about modernization, that this is a sign that is limited in terms of lumens and everything like that, that was going to comply with all the digital requirements and lumens and nits that was allowed under the code, and it would be less of a distraction to anybody, and as I said, since its principal viewing point would be the off-ramps, that we don't feel would be detrimental health, safety, and welfare.

Similar wording

So that would have been what we would have tried to get out of him.

Similar wording

So, Leonard, are you comfortable not crossing with him?

Similar wording

Yeah, I mean, we'll accept that as an offer of proof.

Similar wording

Michael may be back.

Similar wording

Michael, can you?

Similar wording

Yep, I'm here.

Similar wording

He's back.

Similar wording

Sorry about that.

Similar wording

What, Mr. Popp, do me a favor.

Similar wording

Try to move.

Similar wording

I mean, just don't repeat again everything we said.

Similar wording

Why don't we see if we can move him along a little bit?

Similar wording

Yeah, yeah.

Similar wording

Yes, no problem, Mr. Chairman.

Similar wording

So, Michael, I think we got cut off just on that. We want to just make the point with the 412 North Front Street that that was in the application, but there was the permit refusal that was issued and written by Gene Klinger, who was one of the more knowledgeable examiners back in the day.

Similar wording

right here clearly acknowledged that it's on the if you look at it it says it's clearly on the lot

Similar wording

with an existing non-accessory outdoor advertising sign so just to prove that that sign is there

Similar wording

legally on it 412 north front street unfortunately mr chairman we were michael it's true but you

Similar wording

weren't when looking at the file at least it's online in city atlas for 100 to north to 30th

Similar wording

spring garden we couldn't find anything about signage or the advertising outdoor advertising

Similar wording

signs for that property correct that's correct okay so michael real quick because while you

Similar wording

were going i tried to summarize what where we were headed with you um we were talking about

Similar wording

one uh the modernization of the sign and the intended viewing point that it's the ramps and

Similar wording

what the modernization impact will have on that? Yes. So just summarize, you know, where we would

Similar wording

go with that. So, you know, this sign is a modernization of an existing sign. The face is

Similar wording

set to be replaced. It's a, with the modernization, it's still going to be the same

Similar wording

sign orientation, same location and plan. It's intended to advertise strictly to primarily first

Similar wording

the I-95 Spring Garden pedestrians that wait along there, but also to the lower speed

Similar wording

Callahill Street exit ramp, two-lane exit ramp along there. And with this modernization,

Similar wording

There are a number of advantages that come with this, better control of brightness, improved clarity, and at the same time, with the increase in size, it'll provide better readability from that Cal Hill Street exit ramp,

Similar wording

and also better readability to the nearest point and to the pedestrians along Spring Garden

Similar wording

SEPTA station. So a little bit increase in size provides better read along the ramp

Similar wording

and better read from the distance in Spring Garden. It's a single face, it's in the shadow

Similar wording

of a party wall. It's directly oriented towards those areas to see. It's relatively low and small

Similar wording

compared to other non-accessory signs along the area. And as an engineer, in my professional

Similar wording

opinion, it's appropriate to ask for the size of the sign for the speeds on the ramp and the

Similar wording

distance to Spring Garden Street Station. So Michael, real quick, what you said about the

Similar wording

So, Michael, real quick, what you said about the other signs directly across the street, they're 70 feet high.

Similar wording

other signs directly across the street, there's

Similar wording

They're all 20 by 60s.

Similar wording

We're not asking for anything like that at this location, correct?

Similar wording

That's correct.

Similar wording

In fact, we're not asking for even a 14 by 48, which is even another standard size, correct, of a billboard?

Similar wording

That's correct.

Similar wording

So we're asking for 12.33 by 31 is the minimum variance to allow us to be able to modernize this sign.

Similar wording

Is that correct?

Similar wording

In my opinion, yes, sir.

Similar wording

Okay.

Similar wording

Nothing further, Mr. Chairman.

Similar wording

Just a couple quick follow-up questions.

Similar wording

Mr. Tintala, would you agree that none of the other non-accessory signs that you were just talking about are digital?

Similar wording

Yes, sir. That is correct.

Similar wording

Those two Lamar across the way are conventional, albeit larger and taller.

Similar wording

They're vinyl signs.

Similar wording

Okay.

Similar wording

And with respect to the proposed sign here.

Similar wording

I would add that the existing sign is digital.

Similar wording

just clarifying the one we're talking about sure but the you would agree that the existing digital

Similar wording

sign um is is for lack of a better way of putting it sort of a um a very old-fashioned type of

Similar wording

lighted sign it's it's kind of like a glorified light right set right i mean it has the little

Similar wording

it's it's not like it's not like a i mean the proposed digital sign is more like a like almost

Similar wording

It's a giant flat screen monitor type sign, right?

Similar wording

No.

Similar wording

I mean, to be clear, both this technology doesn't just display text.

Similar wording

The existing sign can display photos and images and has the newer face that they would propose would have a tighter pixel spacing.

Similar wording

But it's not text only imagery.

Similar wording

they can have photos on there just like the bigger signs across the way.

Similar wording

Okay.

Similar wording

And how often, if you know, and you might not be privy to this,

Similar wording

how often would the images on the proposed sign change?

Similar wording

We call that dwell time.

Similar wording

It's proposed to have an eight-second dwell time.

Similar wording

That's consistent with city requirements and also PennDOT requirements,

Similar wording

which PennDOT actually permits a little bit less five-second dwell time, this would be in excess of that.

Similar wording

Now, you are in the course and scope of your engineering research, but in particular with respect to digital signage.

Similar wording

Have you worked on other digital sign applications or proposals in the past?

Similar wording

Yes, I have many in my career in many municipalities, in many states.

Similar wording

You've also alluded to, I've done research concerning traffic safety throughout the country, and I've testified throughout the country as well, specific to signage and digital signage.

Similar wording

Okay. All right. And I think if I see if I have anything else further.

Similar wording

And I prepared this subject site plan.

Similar wording

which is Exhibit A6. Okay, thank you. I have, oh, well, just, and again, this isn't really so

Similar wording

much of a question, but to, just to clarify the record, to the best of my understanding,

Similar wording

and this is pretty typical of a lot of properties as you get closer to the river,

Similar wording

there's multiple addresses for 100. It's 100 Spring Garden, 100 to, I think, 138 Spring Garden,

Similar wording

and 412 North Front Street are all the same property, but there's different sets of zoning

Similar wording

files under different addresses, which again happens quite frequently. So that was part of

Similar wording

our confusion in determining who had what signs, but to the best of our knowledge, the entire

Similar wording

parcel or the entire piece of land where the Delilahs and the Enterprise are and where

Similar wording

apparently two signs are is is one property it has multiple addresses depending on the time when

Similar wording

people submitted things uh and uh it looks like they were originally multiple parcels through

Similar wording