audience see if they're all on the phone yeah i haven't received it either okay questions or
comments from the virtual audience there are no hands chair oh wait a minute sorry chair a hand
just went up phone number ending in 3552 i will allow them yep i state your name please and spell
for the court stenographer?
I hate this one
back up.
Hi, could you
state your name, please, and spell for the court stenographer?
I believe it's Adrian.
Adrian, this is Tanya. Can you unmute
yourself, please? It keeps
muting. Yes. Thank you. Thank you, Tanya. Adrian, just state your name. I think I swore you already
today. Yes, you just did. Adrian Fernandez, Small Food and Majorhood Positive Association, RCO.
Okay, proceed. Okay. Sorry that the, excuse me, sorry that the letter with the proviso
was late, but it took a lot of research for us to get the right information to make the
proviso so there's one proviso but i do want to just give the reasons for it because we're getting
um on one's the net one street west cambria which is one lane and there's a school there we already
this is the second um request for a similar type large animated and illuminated sign so the proviso
that we have, I just sent in for the record, daily times for the sign to be on would be 8 a.m. to 7
p.m. Sunday to Saturday, which is seven days a week, and daily times for the sign to be off
would be 7 p.m. to 8 a.m. Sunday to Saturday, and that is the only proviso, but I would like to give
the major reasons for that. One is just the obvious health of people, people to have
different work schedules, which some of the neighbors had mentioned at the meeting.
at the meeting. You know, we have newborns. There's a newborn right across the street,
You know, we have newborns, there's a newborn right across the street.
the 25th, and Cambria, who's just born less than six months old, and we have other newborns in the
area, and disturbance to sleep for newborns, elderly, and other people. School is in now,
and other ADA concerns from Bright Light. Also, our big concern that we had to get professional
advice about was the negative aspects for migratory birds and also for beneficiary
insects. Swampoodle is in the major migratory zone, which from us goes all the way up to
Chestnut Hill. And that is important to us to maintain. We are also, because of that,
near the Discovery Center. So we did get advice from Discovery Center, from Insectopia,
from Cornell Lab of Ornithology
and also from the Bird Watch group in Philadelphia
who's been studying bright light
because of bird collisions,
which have been an ongoing problem.
Also, we spoke to Mr. Bob Supe
of the sign contractor, Stuart Signs,
and the manual, it's maybe a half inch thick or so,
but I read the whole thing very quickly
and there were no specifications for brightness at all.
So I had to go pretty far to try to get that information, which is very hard to get.
The sign monitors use a unit called MITS, N-I-T-S, for brightness.
And that brightness is how bright it is.
It also can give, you know, information about how much the light brightness spills outside of the equipment and how far it throws outside of the equipment.
Unfortunately, I did include pictures because we have a third really bright light on 22nd and Lehigh, which is a four-lane highway, and that light can kick out all the way out until the second lane of that highway.
So on a one-lane Cambria, that's going to be a pretty bright light next to people's homes.
And one concern was the change in the value of their homes because that light is going to be there at nighttime.
It would be a great disturbance and not attractive to the property value.
I found conversions for the 5,000 nits, and that's the measure of brightness of the TV, animated, and illuminated monitors, and that converts to 15,000 lumens, which is very, very bright.
and that shows in the pictures that i sent so our concerns for the people and also in our area
because we do have a lot of gardeners and we do have a land trust garden farm which i even myself
i'm a part of and we need our insects and we need our migratory birds we also learned from
insectopia that the pennsylvania state bird is the firefly which many of us call we talk about the
lightning bug here that's the one that we see and they have been slowly coming back when i was a
child they were everywhere and very bright lights like this disturbed their species behavior because
they um share the night with each other each of them coming out only three hours at a time
going in so other um other species can come out for mating or whatever and also um their navigation
they have wings that's also concerned for the migratory birds and that's where the collisions
have been a big problem.
I think that's a summary of the concerns
why I asked for the proviso that I did.
And again, say very quickly,
on times 8 a.m. to 7 p.m.
seven days a week,
off times 7 p.m. to 8 a.m.
seven days a week.
Thank you very much.
Mr. Chairman, if I may.
Mr. O'Brien, why don't I do this?
Why don't I see if there's anybody else in the audience first, okay?
If I could, I wanted to ask if there's a Bob Soupee.
He's from the sign company.
And if he was able, he was going to sign on and be available to ask any questions.
The sign.
All right.
So let me just see.
Let me see if there's anybody.
Is there anyone else in the virtual audience who wants to give testimony on this?
There are no hands here.
All right.
And is your person here?
I don't know.
Bob Soupee could raise his hand if he's in the audience.
Bob Soupee?
I do not see Bob Soupee in the audience.
Mr. Chairman, on the screen is page 13 in the materials.
It's a summary.
The whole control manual is in the exhibit.
it. It's part of what was provided at Ms. Fernandez's request at the community meeting.
It was a pretty thick package of information, but this is a summary.
It was a pretty thick package of information, but this is a summary. The light can be...
The light can be, the brightness can be adjusted from a value of one to a hundred, and it can
be scheduled.
The church has been a good neighbor for 50 years.
If there is a neighbor that has a problem with his brightness, it will be adjusted.
I would respectfully request that rather than a 7 p.m. turnoff, a 9 p.m. turnoff.
Thank you.
Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Vecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends a change in zoning at this location from residential single family to commercial mixed use.
In the recommended commercial mixed use zoning district, static illumination is allowed by right without animation.
And our rough calculations show that something approaching 40 square feet could be allowed in that zoning district.
So based on the comprehensive plan's proposed commercial mixed use zoning district, the city planning commission recommends the board grant the proposed variance for maximum square feet and for illumination, but deny the proposed variance for animation.
We also want to note that in the Zoning Code Title 14, Section 904, there is a definition for standards for luminescence of accessory signs.
MI 2023-002-858-2901-19-North 25th Street.
I vote yes.
um with proviso um signed to be on 7a to 9p and um hillary we've done this once before and
and um owner pledged to work with the neighbors is that okay hillary yeah that the about the
owner working with the neighbors is is a note um not a proviso but yes we can make a note and
And we would say, in terms of the sign being on, we'd say the hours of illumination will be from 7 a.m. to 9 p.m.
Right. Hours of illumination will be 7 a.m. to 9 p.m.
Or is that right? Yes, 7 a.m. to 9 p.m.
And note the owner or the minister will continue to work with the neighbors.
thomas holloman my vote is yes with proviso james my vote is yes with proviso
ishmael shahe my vote is yes with proviso
thank you counsel thank you nine mi2023 002899 1170 to 90 surrey road david orphanetes is the attorney
david orphanetes has been promoted to panelists
Mr. Chair, this is Hillary. I just want to note for the record, we did receive a letter from the Greater Busselton Civic League, essentially a letter of support with provisos.
and I have been in conversation
with both Mr. Orfanides and
Ms. Udovich from
Councilman O'Neill's office
I have advised the parties that
we will hear the matter today but we will hold
it because there needs
to be further consultation with L&I
regarding the
language of an agreed
to compromise those
Thank you
Mr. Orfanides please state your name
for the record and spelled for the court reporter?
Certainly.
My name is David Orphanides.
His last name is spelled O-R-P-H-A-N-I-D-E-S.
Right.
Could you identify your client?
Wait a minute.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
Do you identify your,
could you identify your client
in a relationship to this property?
My client is Jack Bienenfeld,
trustee of the Jack Bienenfeld Separate Share Trust
under the Henry Bienenfeld Third Amended
and restated revocable trust agreement dated october 31st 2011. thank you our vice chair has
a few questions good afternoon counselor do you agree to waive the reading of the refusal and
stipulate to its accuracy um good good afternoon um sir i waived the reading i do not stipulate to
its accuracy and i could have said in my presentation they missed they missed something
in the description that was in my application and that should have also been an additional refusal
But I've discussed that at the community group meeting with Councilman with Alice Hudevich and also with Hillary Emerson.
uh with councilman with alice hudovich and also with uh hillary emerson understood have you
emailed in all the required documents that is needed and required to proceed with this case
five days in advance of this hearing uh all but the tax clearance certification which i believe
i forwarded to hillary on monday uh two days ago it was a little it took a little bit of time
because of the trust understood please proceed and share your screen certainly
can everybody see my screen we can sir great um so the subject property is a 1170 to 90 surrey road
um this is the view from cruisetown uh road the property as you can see the arrow pointing down
to the building at the property, also has an address of 8950 Cruz Town Road.
But for purposes, the city's purposes, it's known as 1170 to 90 Surrey Road.
This property is a location of the Imperial Manor Apartments.
It is a 36-unit apartment building with 36 parking spaces along the side that you can
see here from the image, and then seven parking spaces along the front.
Um, it's, uh, this, this use in the structure was approved in 1974, uh, at that time.
And prior to that, uh, the property had been zoned ASC, um, area shopping center, which
I think, you know, uh, with the current zoning code was changed to CA one and CA two and
CA one.
um at some point originally when it was approved in 74 uh the two there's two commercial spaces
that were shown i'll get to that in a minute um that were vacant uh in 75 a beauty shop went in
one 79 a flower and gift shop went in one while it was still ach so back in 74 this actually this
apartment complex uh needed a variance for the residential use which was granted not for the
non-residential commercial units at the front. Sometime between 79 and 86, and I have copies of
the zoning archives at tab 8 of my exhibit book, or 88. So here's our permit in 74. Sometime around
between 79, when the flower and gift shop was permitted, and then 88, the zoning classification
for the property was changed to R12, to all residential.
R12, when the current zoning code went into effect, was changed to RM2, and that is the
current zoning classification for the property.
And you can see right here in the zoning map that I have at tab four, you can see right
here that our property is zoned RM2.
Again, you can see our property is located between Cruisetown, on the right-hand side
you can see here where my cursor is, above to the north is Surrey Road, and then behind
is Alton Street.
So what happened is the zoning classification was changed. So every time my client wants to try to get a tenant, a commercial or non-residential tenant, in one of those two ground floor front units, they need a variance.
And I think we're aware of even filing for an accelerated appeal, how long that takes.
He does have two tenants presently lined up. He has a flower shop and an auto tag business that are eager to get in, that have been waiting since the spring to get in. But, you know, it's hard to ask prospective tenants to wait six months, five months, four months to get into a space waiting for a variance that you would hope would be granted, but you obviously have no guarantee that it'll be supported by the community, the council person and or the zoning board.
So our application, the application that we submitted to LNI was for uses permitted in CMX2 as a matter of right and signage permitted in CMX2 as a matter of right for those two spaces.
In our application, we included, well, here's a screenshot of, and I'll get to that in a minute when we talk about the notice of refusal, of the dialog box that I always take an image of.
But I also upload, actually, a hard copy of a kind of old-fashioned zoning application because once you put in your application, hit submit on Eclipse, you can't see what you actually submitted anymore.
But I included from the zoning archives back from 74, the ground floor layout that shows the two commercial units, unit 101 and 112.
I've referenced those units specifically in my application.
They're each about 43 feet, 10 inches deep.