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HomeMy WebLinkAbout58-Public Works . . o o KANE, BALLMER &: BERKMAN A LAW CO"~O"ATtON MU~AAV O. '(A"~ BRUCE O. BA:":-MER GLENN F. WASSER""...... ,.,.Aq.JORIE R. I"RIEDL.AI\lDER R. BRUCE TEFl'P!:R, .JR. RENEe: L. CAMPBELL KATHRvN REI"'lANN PR'NCIPAL.S 354 SOUTH SPRING STREET, SUITE 4Z0 LOS ANGELES. CALIFORNIA 90013 TELEPHONE 12131 617-0480 TELECOPIER (213) 625-0931 ROBERT P. 8ERKMAN RETIRED EUGENE B. JACOBS ... ~lItOI"IESSIOH.L. CO"~O.ATION OF COUNSEL April 2, 1992 FlAMELA S. SCHMIDT ~ YlA MESSENGER ~ , Mayor and Common Council city of San Bernardino 300 North "0" Street San Bernardino, California 92418-0001 Re: Variance Number 91-20, Appeal Hearinq Date April 6, 1992 Kids "R" Us, 666 South "E" Street, San Bernardino. calif~rnia Dear Honorable Mayor and Members of the Common Council: The purpose of this letter is to urqe you to qrant the request of Kids R Us for a variance permittinq a siqn of 128 square feet on the rear wall of its buildinq which faces Inland Center Drive. We are enclosinq 15 sets of color photoqraphs as part of our variance application. These color photoqraphs were attached as Exhibits to the variance application when it was submitted to the Planninq Commission. Apparently, the Planninq Commission did not receive copies of the pictures, and accordinqly, we are supplyinq additional color sets for your review. The detailed factual and leqal basis for this request is set forth in the variance application filed by Kids R Us and in the letter of appeal both of which are attached to the city staff report under your consideration. Rather than repeatinq those contentions (which we incorporate into this letter by reference), we wish to emphasize the importance of this variance to Kids R Us. As you know, the Kids R Us store sits on a larqe, irreqular lot. The shape of the lot necessitated a lonq store front (236 feet). The siqn proqram approved for the site requires one siqn to be placed at the center of the store front. Due to the lenqth of the store front, an additional siqn is needed at the entrance to the store. Thus, due to special circumstances applicable to this lot, it is necessary for both siqns permitted #58 . . o o Mayor and Common Council April 2, 1992 Page 2 under Development Code 19.22.150, Table 022.01, c.3. to be located on the store front. staff has agreed that if a sign were to be permitted on the rear wall, the requested size of 128 feet is reasonable. Accordingly, the primary issue before this Council is whether Kids R Us should be permitted to place a third wall sign on its rear wall which faces Inland Center Drive. Kids R Us submits that the granting of this variance would not only be consistent with the standards for granting variances set forth in the Development Code, but would be of benefit to the city in several ways. As expressed in various portions of the General Plan for the City of San Bernardino, an important objective of the City is to maintain and enhance the area in which Kids R Us is located as the primary regional retail area for the City. General Plan Sections 1.15, 1.19, 4.13, 4.13.2, 4.17.2. By providing for the visibility of Kids R Us from Inland Center Drive, the City would be furthering this important objective. Thus, the granting of tqis variance would further the goals of the General Plan. And, of course, by allowing Kids R Us to be visible from Inland Center Drive, the city will reap the obvious benefits of additional sales taxes. Further, granting this variance will put Kids R Us on an equal footing with nearby stores which are subject to the same sign program. Exhibits A through I demonstrate that the May Company, Broadway and Sears have more than 2 signs. These stores are located within the CR-1 land use category, and are therefore subject to the same sign restrictions as Kids R Us. Development Code Section 19.22.150, Table 022.01, c.3. In addition, the nearby Midas and Ross Stores have more than two signs. ~ Exhibits J through N. Clearly, the granting of this variance which is necessary due to the unusual circumstances of this store, will not confer a special privilege on Kids R Us. t . ~ o o Mayor and Common Council April 2, 1992 Page J In conclusion, we urge you once again to grant this appeal and allow Kids R Us to place a 128 foot sign on its rear wall facing Inland Center Drive. Very truly yours, KANE, BALLMER & BERKMAN Id~ {. Y.kwJ;f- Pamela S. Schmidt cc: James Brendle