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HomeMy WebLinkAbout46-Planning . ReQUeST Fbl. COUNCIL ACTION . c1T~ "OF SAN BeRNaDINO - From: Larry E. Reed, Director Dept: Planning and Building Services] Date: Subject: Appeal of Variance No. 90-0B Denial Mayor and Common Council meeting of November 5, 1990, 2:00 p.m. Synopsis of Previous Council ection: On September 25, 1990, the Planning Commission unanimously voted to deny Variance No. 90-0B application, (5-0). ;-." :','J ';'1 No previous Council action. (';. ,'-'.', /, -.,' -. , Recommended motion: That the hearing be closed, and that the appeal be denied and Variance No. 90-0B be denied subject to the Findings of Fact contained in Attachment B, the September 25, 1990 Planning Commission staff report. (Supports staff's recommendation and Planning Commissions action). OR That the hearing be closed, and that the appeal be upheld and that the matter be refered to staff for the preparation of Findings of Fact in support of the ,pp"",'" """,. (,"pp.'" ,pp"",'" ""~ Ik/ Signature Contact person: Larry E. Reed Phone: 3B4-5357 1 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! (Acct. Descriotion) Finance: Council Notes: Agenda Item No_ 'i~ CITY. OF SAN BERNMDDINO - REQUEST FcC COUNCIL ACTION STAFF REPORT Subject: Appeal of the planning commission denial of variance No. 90-08, requesting approval to place wall signs on four sides of a restaurant at 885 East Harriman Place, whereas the Municipal code permits signs on a maximum of two sides. Mayor and Common Council Meeting of November 5, 1990 REOUEST The applicant, Yoshinoya West, Incorporated, through their sign contractor, San Pedro Electric Sign Company, is appealing the denial of Variance No. 90-08 by the planning commission. The applicant requests the Mayor and Common Council approve a variance from Code sections 19.60.220(B) and (E), which allow the placement of signs on a maximum of two sides per building, to install wall signs on four sides of a newly constructed restaurant in the "Pace" shopping center located southeasterly of the intersection of Harriman Place and Gage Canal. BACKGROUND On October 16, 1986 the Pace shopping center was approved by the Development Review committee. under Review of Plans No. 86-66. On January 9, 1990, the Planning commission approved a Conditional Use Permit (C.U.p.a9-37) to construct a 2,400 square-foot "YoShinoya Beef Bowl" restaurant on the site of the Pace center. On May 21, 1990, the applicant submitted the application for Variance No. 90-08, requesting to place signs on all four sides of the approved restaurant building. On september 25, 1990, the Planning commission held a properly noticed public hearing on Variance No. 90-08. During the course of the public hearing, Staff discussed the generally accepted view that the excessive use of signage is visually offensive which led to General Plan Policy No. 1.45.4 to minimize signs in private development and to the current Code restrictions on the number and placement of signs. Based on a site analysis, Staff stated that there are no unique circumstances applicable to the subject property that would warrant the approval of the variance, and that allowing excessive signage on the restaurant would undermine the overall character of development occuring in the Tri-City area (see Exhibit B - Staff Report to the planning commission). Based on the discussion and in agreement with the Staff recommendation, a motion for denial was made and seconded, and then carried by a unanimous vote of the five attending Commissioners. 75-0264 , , o o . Appeal of Variance No. 90-08 Mayor and Common Council Meeting of November 5,.1990 Page 2 When the variance application was submitted to staff, San Pedro Electric Sign company submitted plans for all "Yoshinoya" signs proposed for the site, including plans to reface a sign can below the "Pace" sign can on the 40-foot freeway sign identifying the center. Several weeks prior to scheduling Variance No. 90-08 for public hearing, Staff informed George Castro, representative from the sign company with whom staff had been in contact regarding the variance application, that no such sign can exists for them to reface. Mr. Castro was informed that the Code would not permit the new installation of such a sign can because the overall sign area would exceed the maximum allowed by Code Section 19.60.220(F.3) and because freestanding signs in multi-tenant centers must identify the name of the center and/or everv tenant, rather than just selected tenants (SBMC 19.60.220E and F). Mr. Castro was advised that his client must revise the variance application to request the installation onto the freestanding sign structure or delete that section from the plans. The following week, Mr. Castro informed Staff that the request for the freestanding sign would not be pursued at the present time. On September 28, 1990, three days after the Planning commission denied Variance No. 90-08, the sign company submitted revised sign plans for the restaurant, but still proposed a double-faced sign on the freestanding structure. Staff deleted the freestanding sign from the plans and approved the remainder, which consisted of a wall sign on the north elevation and a wall sign on the east elevation. On October 2, 1990, Mark Frank of the sign company called the planning Division to ask why the freestanding sign was denied, and was given the same answer that George Castro, his employee, received previously. Mr. Frank said that he was never informed by Castro that the freestanding sign would not be permitted and that he would appeal the denial of the variance. On October 4, 1990, an appeal was submitted based on "disagreement with staff's 'firidings of fact.'" OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and council may deny the appeal and 90-08 or the Mayor and Council may uphold the Variance No. 90-08. deny Variance No. appeal and approve , , o o Appeal of variance No. 90-08 Mayor and Common Council Meeting of November 5,'1990 Page 3 RECOMMEN1)ATION It is recommended that the Mayor and Council deny the appeal and deny Variance No. 90-08. Prepared by: Gregory S. Gubman, Assistant Planner for Larry E. Reed, Director of Planning and Building Services Exhibits: A - Letter of Appeal B - Staff Report to the Planning commission C - Official Notice of Public Hearing before the Mayor and Common Council , . 0' SAN PEDRO ELECTRIC SIGN COMPANY EXHIBIT A o ?1:(<= .- "C!i ", ~~- -4 nQ ::1 October 02, 1990 TELEFAX LETTER 714-384-5461 city Of San Bernardino city Clerks Office C/O Shawna Edwins / MELANIE VALE 300 North "D" Street 2 ND FLOOR San Bernardino, CA 92418-0001 RE: Appeal variance No. 90-08 Yoshinoya Beef Bowl Restaurant 881 lIarrison Avenue San Bernardino, ca Dear Ms. Edwins: This letter is to serve notice of our intention to appeal the planning commission action of September 25, 1990 for variance 90-08. We wish to appear before the city council to state our case for the additional wall signs to properly identify the Yoshinoya Beef Bowl establishment. we are in disagreement with the staffs "findings of fact" as per the attachment "B"exhibit provided by Larry Reed on 90-27-90. Please advised me of when the next available city council meeting will be held so that I can notify my clients. Also, please let me know if you need. more sign plans or presentation materials and I will be happy to provide you with them. S~ Yours, /:{",.~~./~ C~"'_~' / /p t""y- tv.......:.--,....~,.;......y~ Mark A. Frank MAF/sp ce: Katsutoshi Tsunafuji Yoshinoya West Inc., ENCLOSURES: CHECK FOR $100. 00 ~,~\~~ - ...~ , . ~... ..,.;- .. ", '.... . ..,:;~; ,: ~ . , '. '3:'.: ;':'.:. ." .' .- 735 Lakme Avenue I Wilmington. California 90744 I 213-549-4661 I FAX 213-549-2482 . . EXHIBIT B CIlY OF SAN BERNARDINO PLANNING AND BUILDING seRVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 7 9-25-90 1 ~r-- r /" APPUCANT: San Pedro Electric Sign III Company ~ VARIANCE NO. 90-08 735 Lakme Avenue OWNER: Wilmington, CA 90744 U Haagen Tri-City Center ~ \.. \.. 3500 sepulv~ Boulevard M i"n 66 . The applicant requests a variance from Code Section 19.60.22 m IE) to allow wall signs on four sides of a building, whereas, the code allows signs on a maximum of two sides. ::I 53 a:: - C The site encompasses approximately 12.35 acres located at the III southeasterly corner of the intersection of Harriman place and a:: C Gage Canal. - EXISTING GENERAL PLAN PROPERTY I AND USE :ZONING DFSIGNATlON Subject Restaurant/Pace Center CR-3 Commercial Regional North Vacant CR-3 Commercial Regional South 1-10 FreewaY CR-3 Commercial Regional East Gage Canal/Vacant CR-3 Commercial Regional tiest Residential CR-3 Commercial Regional \.. "' [Jt YES ....., FLOOD HAZARD 0 YES 0 ZONE A ....., ( ) GEOLOGIC I SEISMIC SEWERS: at: YES \.. HAZARD ZONE: o NO ZONE: [JI:NO o ZONE B o NO ( HIGH FIRE 0 YES )r AIRPORT NOISE! o YES "'I r REDEVELOPMENT at YES , HAZARD ZONE: 13 CRASH ZONE: )\ PROJECT AREA: NO [}:NO o NO r---. r Z ..I o NOT o POTENTIAL SIGNIFICANT 0 APPROVAL C APPLICABLE EFFECTS WITH 0 !Zen MmGATlNG MEASURES ~ 0 NO E.I.R. CONDITIONS 1Il~ II.Cl :2Z Kl EXEMPT o HR. REQUIRED BUT NO !am Ga DENIAL Z- SIGNIFICANT EFFECTS OCl WITH MITIGATING t):2 a::; MEASURES ~ 0 CONTINUANCE TO -II. ffi o NO SIGNIFICANT o SIGNIFICANT EFFECTS fd EFFECTS SEE ATTACHED E.R.C. MINUTES a:: \.. \.. ~ .... - - ~ :;;,&.:.::r:== PLAN-all2 PAGE IOF 1 (..ell) , . OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE VAR 90-08 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 7 9-25-90 2 ,... .... REOUEST The applicant is requesting a variance from 19.60.220(B) and (E), which allow the placement maximum of two sides per building, to locate wall sides of an approved restaurant under construction. Code Sections of signs on a signs on four SITE LOCATION The site of the proposed restaurant is the 12.35 acre "Pace Club" center located at the southeasterly corner of the intersection of Harriman Place and the Gage Canal. The site consists of a six-tenant, 162,525 square foot retail building and the 2,400 square foot "Beef Bowl" restaurant located in the northwestern quadrant of the center. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Municipal Code Sections 19.60.210(B) and (E) state that wall signs are permitted on a maximum of two sides per building in the CR-3 land use designation, provided that those sides of the bUilding have a frontage on a public street or parking lot. This variance application is inconsistent with said Code sections in that the applicant is requesting to place signs on four sides of the building, wherein one of those sides has no street or parking lot frontage. The proposal is inconsistent with the General Plan, in that Policy No. 1.45.4 of the land use element states that it shall be the policy of the City to "minimize the number, size and placement of signs in private development." BACKGROUND On July 7, 1986, an application to construct a 162,525 square foot shopping center on 12.35 acres was submitted to the Planning Department under Review of Plans No. 86-66. The project was approved on October 16, 1986. On August 8, 1989, the application for Conditional Use Permit No. 89-37, to construct a 2,400_ square foot "Yoshinoya Beef Bowl" restaurant on the site of the shopping center was submitted to the Planning Department. On January 9, 1990, the Planning Commission approved the application. On May 21, 1990, the applicant submitted the application for Variance No. 90-08, requesting to place signs on all four sides of the approved restaurant building. llIWt - ___'OJ' _ . CITY OF SAN BER RDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE VAR 90-08 7 9-25-90 3 AGENDA ITEM HEAAINGDATE PAGE ,.. " ANALYSIS The request for the variance is based on the applicant's claim that due to the location of the restaurant, the Municipal Code sign' regulations are too restrictive to allow the proper identity of the business. In the written response to the required variance findings (Attachment Cl, the applicant stated that the restaurant's proximity to the 1-10 freeway and its location within a retail complex necessitates additional signage. A field examination of the site did not support the applicant's findings. Three sides of the restaurant front on a street or parking lot: the north side faces Harriman Place; the east side faces the Pace Club parking lot; and the south side faces both the parking lot and the 1-10 freeway. Under current Code requirements, the applicant can place a sign on any two of those sides and would be provided ample visibility. An obvious advantage of the location of the restaurant is that it is located within a major shopping center with high freeway visibility. This advantage works three ways. First, through advertising, the restaurant can simply state that it is located within the Pace shopping center. Secondly, customers visiting Pace, Sportmart or any of the other stores in the complex have a clear view of the Beef Bowl restaurant and its associated signs. Third, because the restaurant is a separate building from the remainder of the center, its visibility is much more prominent than that of the tenants occupying the suites. Thus far, there are building, Pet World tenants has a single be suffering no ill for over a year. two minor tenants occupying the Pace Club and Pita Feast restaurant. Each of these wall sign facing Harriman Place and appear to effects. Both businesses have been licensed COMMENTS RECEIVED No comments have been received as of the date of preparation of this staff report. IlWit - Ii. ...011 . PUIIMa '_'~1 t_ -, . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE VAR 90-08 7 9-25-90 4 AGENDA ITEM HEARING DATE PAGE CONCLUSION It is the intent of the General Plan and Municipal Code to prevent the domination of City streetscapes by signs whose overexposure is associated with the degradation of the aesthetic integrity of commercial areas. The placing of excessive signage on the restaurant is not consistent with the quality of development occuring in the area, and would undermine the overall character of the Tri-City area. There are no exceptional or extraordinary circumstances or conditions applicable to the property that would necessitate the granting of this variance. Adding two more wall signs would only' marginally increase the exposure of the building, while adding a degree of garishness to the center in which it is located. By means of this application, the applicant is requesting a special privilege; the granting of this variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. RECOMMENDATION Staff recommends that the Planning Commission deny Variance No. 90-08 based on the attached Findings of Fact (Attachment B). Respectfully submitted, L'~~'d~ Director of Planning and Building Services Gregory S. Gubman Assistant Planner ATTACHMENTS: A - Municipal Code and General Plan conformance B - Findings of Fact C - Applicant's response to findings D - Site plan and elevations E - Location map ::.Ill - . P\MaI _,.. _ ; ,0 o Attachment "A" o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERviCES DEPARTMENT CASE VAR 90-08 ..... 7 9-25-90 5 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ~ MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE cateqory ProDosal .~ General PlAn Use Wall sign Permitted NIA Number of Four Maximum of " wall signs two Sign area: north 63 square feet 120 sq. ft. max. " south " " " " " " " " west " " " " " " " " east 27.5 square feet " " " " " ... s.c- -- -..., - , ATTACHMENT "B" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 90-08 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 7 9-25-90 6 "'I FINDINGS OF FACT 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district in that the restaurant has similar or superior visibility to other commercial developments in the area. 2. The granting of this variance is not necessary for the preservation and enjoyment of a substantial property right of. the applicant in that existing land use standards sufficiently address the business's needs for adequate on site advertising. 3. The granting of this variance will be materially detrimental to the public welfare and be injurious to property and improvements in the land use district in which the property is located in that excessive signage is generally accepted to be visually assaulting and would therefore undermine the overall character of the Hospitality Lane area. 4. The granting objectives of General Plan development. of the :to the variance will be General Plan in that it limit the number of contrary to the is a policy of the signs in private .. ll!l.&'= =.::. PLAN-I.DI PAGE, OF' ~4-10) " 1./. ..' ATTACHHENT "C" ALlAPPLICATIONS FORA VARIANCE MUST INCLUDE A WRITTEN RESPONSETOEACHOFTHEFOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE ~ FOR THE VARIANCE. PLEASE ANSWER ALl ITEMS DIRECTLY ON THIS SHEET, l'Jl....~~~11 '0, ....~ . . -q"lncIudIng......... ~r"", ~ -In or'~" ~.,..t' ~ J*Jil_euchJlllll*lYaI~en~V.UIf"pIopeIlyln~ ........,.......-rldiilill.IIandUMcllIlrillclrr rl:,"'un; . Tb"\'D \~G! UC.K\\ot-l r>'I- n.-t~ ~e.o~e..<<..TVC~e.f\l()) 1\2J\\'& -I'\!si-P___ ~AjfA\.h" t~ 1..d'J'oiie.O \~ ~ ~ C-'e.~t7~ ~() Np"'9 A- ~(l-Wf ,'1''l-\t'~ t'rI~_ -ALl.n',JQ;;- ~ ~ ~'G"'I\-l '?€.~ '\4"TO/f"~ .'f)7~fi r_l(UrJf't\~Th,[{'p , OF ""FW'I,,! ~u.'"'f-f'!o!('" rPtJTel? ?.A.$(7 -pCntAI ..Jde. 1-1,,,,0 ~t4 PO lIA'(lS,IC:dC. 1?P-AQ... ~ ~ ~ '( ~leJATI 0..(. III r..;t~ ~ ResrflVtZANr P/ZOt'(1l. 7rY."~ ;ri1'.4"i-r'/c,v" lr:::f ' If DI-f-+ ~ ro~~p91l,hJac 11C.ftr?fl4(.tP. 'J'Or.f~TITy' -t:=ofl..J'l.y;-rtJllefl..,. .AND [0 A.1'fi'r. T.1ljt.lJ' ~ "''1' PI..L(J t"etN./.PI!. I . B. That granting the Variance is nacassary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use distrid and denied to the property lor which the Variance is sought; \' \..'~G iZ.-N-n IN"I~' VA\2. (A'I--lc..~ I.fi Nf' cesSntW FML 7/-te R"S.iLlul2.4.~1 o'FTffth Ptzof'klZ"Y < w4/1r~ IA/L A.ee- A~k.o.{c., (5(GNS,,) <I 5/t;,1I/.( , LooT-o"; "F 'II,!'!! 6//,N5 ""/,A~ D<!Sf&t-lCO FO~ //I5/I8/tl T..,/ ANi) PRO.j"'f!L J-DYI-IT'Tr Or n-t~ 12.l?STI2/J/lA.M B,uPG'ft' of tHt? rlNO 6.1(te8T~ "'Am T4.A~F/t: ~I.t:lu/. d~LAJ TH~ ~/e,,",<; J"'I'A"TlEn 014 \:',,,d"\~(~ 'f()lZ.. 'B\;,LClo.lO 'IC>rET\'Fyt'~"T'O""" . C. That granting the Variance will not be materially datrimentalto the public heatth. safety, or weWare. or injurious to the property or improvements in such vicinity and land use distrid in which the property is located; -rl~e. .s1t,~C. '""'F "\\...\<1.. 's.:l,D P120<j'e''''v \1;, ...{o PeT~(l>'\Q...\,,,, I,~ 'I/.i", 'f' "f5?1 I'e. i~~v:\.Li<-\ 1$11\ rE,,, I Ot? WH -'::/1>'(('. r.)'F 'il-l.... '~r..o~I2..,-1 .11.-\"- ,Ue.. ~c:lIICliJc. 'b\~t..I~ WLLI B~ I-. CcMfll6W\€r-I'\:i""".. AILe. i-\ lie ('T /J fZ.e AI4 (\ c. CMlfV\O!-l .T ~J , ~.=.=,;j P~Jl3 PMJUOFI _ .. . .' ""II r' D. That granting the Variance. does not constitute a spacial privilege Inconsistent with the limitations upon other properties In the vicinity and land use district In which such property Is located; TI-I~ P,zoA';z'7"v /$ "'~N~ ~/l... tze$"7J4///2#;tIT- t:4~. J~ n-I/(" V/!.IL'",^/C.c: F":)oeS,..t'7 e-o/ll6TII.';?~ A s'/'ec..flll-L pt!///I/e(".e Of? 1..1""1 T/-f7,"rJA/(' IAI ";./c V,el4J;'Y ".)<0<_ j'l.l,~ F/Z.ope,f..T-T 1$ LoC-ltf7I'P. E. That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subjact parcel; ...l.- e? '#~VCy -ft..{l'! r/f'l-/!/A-/t/CR tr:e.....\.\ AI/"'.AJ /J.ce-, OTUlltO \JJ ,Cop ~~ O"F ~J::l€. :Doe. To {Me tA/lIA-ifCe r ~ (FOa fflOfllZ.. TreNTI ry e?F ~/Pd/b4-N/: . F. That granting the Variance will not be inconsistent w.h the General Plan. /?17.0fJOi.-Ty /5 " t'JA"r< I r..~'7 lAJ i 71-1 t7 eAt..- tC r,q ( f' L;II ..." .. ... OT'J G' .. ......-0 ClINUIM.~ IIFl. PLAN-4.ll3 PAGE 50Ft 12.10) A'J."l'A\..t1Ml:.J.\i'1' " i.l " .~ ~~.. 0 0 . 1:-:t, ,.' . :::; .... . ...."..;;CC,..,:". K"',,,Ai1Mi'<'+70i'Y"::;;Y; ::,: ~~":":::::';' '.:: '~:",~",::""":"<'~'.:::.:' " ....:.::":. ".,:,:.,,";'.' ":-:":";~~l:'.," "'- ...." ..t..<::::,",::........j:;... . " :' ""'.:.::, i: .:::;"" ',' '. .: " . " ',.' .l.. '. ' . ..... .'" ' '. J JD . ~ . o q Q- I.} .... , , .. J'. . ..'" """'" . , , ..... '., ". ... .' ," ..... . ~~::. '; ,"' .:... :,,'-'~- "'.;;::'~=-:-. .}:.::::.::.::..::~.~.::...:.-:.~:~.~....:> .... '. ~ EB~ - I i , I I, t..: : . t ..," .. , 11)111. Iff I. . : I i J ! It i II ~ .1 J S . 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" ~. .. ..;..-=;....:.. ,',: '"':'.: . . ........ . .:.... )~-:... .' .,.- .... ATTACHMENT "E" AGENDA """"Il ITEM # CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR. 90-08 LOCATION 7 HEARING DATE 9-25-90 .. . r __~ ALl"" LA.. .. . I. &\l.&ACl:.lrm:= P1.ANoI.l1 PAGE10Fl (4-10) .. .J ." o EXHIBIT C o OFFICIAL NOTICE OF PUBLIC HEARING BEFORE'THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF Variance No. 90-0B ""- r THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY The Aool;cant [ SUBJECT: J WARD # Variance No. 90-0B 1 - PROPERTY LOCATION: BB5 East Harriman Plance, next to the Pace . . Center in the Tri-City area. . PROPOSAL: To vary code requirement 19.60.220(8) arid (E) to allow the installation of wall signs on four sides of the newly constructed "Yoshinoya Beef Bowl" restaurant. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH ''0" 51 ICCoI SAN BERNARDINO, CA. 92418 C HEARING DATE AND TIME: November 5, 1990, 2:00 p.m. ) A DETAILED IlISCRIP110N rw THE PIlOPOSAL IS ON ~LE IN THE PLANNING DEPAInIIIENT K1 CITY HALL. I' 'IOU WOULD LIIlE I'UImD 1.000MATION &lOUT Till PItOPOSAL MOlt 11) THE PUILIC MEAltlNG. PLEASE CONTACT THE PLANNING DEPAltTMENT IN PEltION 011 BY PHONING (714) 384-5057. THANK YOU. ~ ..., .- ...