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Home My WebLink About99-03080 CUMBERLAND VALLEY BMW, INC., IN THE COURT OF COMMON PLEAS t/d/b/a CUMBERLAND VALLEY : OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORS, Appellant : CIVIL ACTION - LAW V. LAND USE APPEAL ZONING HEARING BOARD OF : NO. 99-3080 CIVIL TERM SILVER SPRING TOWNSHIP, Appellee PRAECIPE TO WITHDRAW AND DISCONTINUE TO THE PROTHONOTARY: Please withdraw and discontinue the above-captioned action. Respectfully submitted by, METTE, EVANS & WOODSIDE By: Charles B. Zwally, Esquire Sup. Ct. I.D. No. 7137 Paula J. Leicht, Esquire Sup. Ct. I.D. No. 42585 James M. Strong, Esquire Sup. Ct. I.D. No. 81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATE: October 21, 2002 Attorneys for Appellant I. CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Steven J. Weingarten, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 Silver Spring Township Zoning Hearing Board 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Respectfully submitted by, METTE, EVANS & WOODSIDE By: J cly ? Charles B. Zwally, Esquire Sup. Ct. I.D. No. 7137 Paula J. Leicht, Esquire Sup. Ct. I.D. No. 42555 James M. Strong, Esquire Sup. Ct. I.D. No. 81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Appellant DATE: October 21, 2002 :305853 ku CUMBERLAND VALLEY BMW, INC., : IN THE COURT OF COMMON PLEAS t/d/b/a CUMBERLAND VALLEY : OF CUMBERLAND COUNTY, MOTORS, : PENNSYLVANIA Appellant : CIVIL ACTION - LAW V. : LAND USE APPEAL ZONING HEARING BOARD OF :NO. 99 _ ?'(? ?-lvc ( (?1z J+ i SILVER SPRING TOWNSHIP, Appellee NOTICE OF APPEAL { i j AND NOW this day of M4`I _ 1999, the Appellant, Cumberland Valley BMW, Inc. t/d/b/a Cumberland Valley Motors, by and through its attorneys, Mette, Evans & Woodside, files this appeal from the decision of the Appellee, the Zoning Hearing Board of Silver Spring Township, granting in part and denying in part the application requesting a variance for additional signage and in support thereof avers as follows: 1. Your Honorable Court has jurisdiction in this appeal by reason of §1006- A of the Pennsylvania Municipalities Planning Code, as reenacted, Act of December 21, 1988, P.L. 1329, 53 P.S. §11006-A and §933 of the Judicial Code, as amended, 42 Pa. C.S.A. §933. 2. Appellant, Cumberland Valley BMW, Inc. t/d/b/a Cumberland Valley Motors (herein "CVM"), is a Pennsylvania corporation with a business address of 6720 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 3. Appellee, the Zoning Hearing Board of Silver Spring Township (herein the "Board"), is a body appointed by the Board of Supervisors of Silver Spring Township, Cumberland County, Pennsylvania with an address of 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17055-2391. 4. CVM is the lessee of an approximately 2.5-acre property located along I S.R. 0011 in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 6714 Carlisle Pike, as more particularly described in Plan Book 23 Page 84 (herein the "Property"). 5. The Property is situated in the Highway Commercial Zone (C-3), as defined in the Official Zoning Ordinance of Silver Spring Township (the "Zoning Ordinance") and CVM has constructed thereon a masonry and steel building housing three (3) separate automobile franchise businesses: 1) a Subaru dealership; 2) a Volkswagen dealership; and 3) a BMW dealership. 6. On or about February 17, 1999, CVM, by and through its agent, Superior Sign, filed an application for a variance from Section 313.3 of the Zoning Ordinance with the Board for additional signage area to identify the Volkswagen dealership, A copy of the application is attached hereto as Exhibit "A" and made a part hereof. -2- 7. On March 8, 1999, a public hearing on the application was held by the Board at which time testimony was taken and exhibits were introduced. 8. CVM requested that a variance be granted from Section 313.3 of the Zoning Ordinance permitting Appellant to attach a. wall clip sign identifying the Volkswagen dealership to the building itself and that it be permitted to remove a temporary Volkswagen trade emblem sign from an existing freestanding sign pylon situated at the southeast corner of the Property and install a similar freestanding sign pylon at the southwest corner of the Property with an updated Volkswagen trademark emblem sign attached to the proposed sign pylon. 9. By Findings and Order dated April 20, 1999, the Board granted in part and denied in part CVM's request for a variance from Section 313.3 of the Zoning Ordinance. A copy of the Findings and Order dated April 20, 1999, is attached hereto as Exhibit "B" and made a part hereof. 10. The Board concluded in its Findings of Fact that based upon Section 313.3 of the Zoning Ordinance and the lot frontage of the Property CVM is limited to a maximum sign area of sixty (60) square feet. See attached Exhibit "B." -3- 11. The Board's Order permits CVM to upgrade the existing temporary Volkswagen trademark emblem sign currently attached to the freestanding sign pylon situated at the southeast corner of the Property. 12. The Board's Order denies CVM's request for a variance in all other respects and denies CVM any additional signage area to identify the Volkswagen dealership on the Property. 13. The Board's action in denying the variance from Section 313.3 of the i Zoning Ordinance for additional signage area to identify the Volkswagen dealership was arbitrary, capricious, an abuse of discretion and contrary to law for the following reasons, among others: (a) The Board's denial was contrary to Section 307 of its own Zoning Permit Ordinance which permits more than one principal use on a single lot provided all other requirements of the Zoning Ordinance are complied with. Section 313.3 of the Zoning Ordinance permits one (1) sign per principal use, not to exceed sixty-four (64) square feet per sign. (b) Each automobile dealership represents a separate and distinct principal business. The dealerships are each operated pursuant to a separate and distinct franchise agreement, have separate and distinct sales staffs, and maintain -4. separate and distinct sales and other business records. Each dealership clearly constitutes a separate, principal use under the Zoning Ordinance. (c) To the extent that the Board's denial is based upon a legal or factual conclusion that the separate and distinct automobile dealerships are not separate and distinct principal uses, the decision is arbitrary, capricious and without legal or factual foundation. (d) The definition of "principal use" in the Zoning Ordinance is so indefinite as to be unenforceable for purposes of denial of the application herein. (e) The Board's denial is an infringement upon the civil and property rights of CVM and violates constitutions of the United States and Pennsylvania. (fj The Board's action was not supported by substantial evidence and is contrary to law. (g) The Zoning Ordinance is unreasonable and unduly burdensome when interpreted to restrict CVM to a total of sixty (60) square feet of signage area for three (3) automobile dealerships. WHEREFORE, CVM respectfully requests that this Honorable Court enter an Order directing the Board to grant the requested variance from Section 313.3 of the Zoning Ordinance for the additional signage area requested to identify the Volkswagen dealership, reimburse CVM for all reasonable legal fees incurred in -5- I i 1 f conjunction with the instant appeal and such other relief as the Court may deem appropriate. Respectfully submitted by, METTE, EVANS & WOODSIDE By: Charles B. Zwally, Esquire Sup. Ct. I.D. No. 7137 Paula J. Leicht, Esquire Sup. Ct. I.D. No. 42585 James M. Strong, Esquire Sup. Ct. I.D. No. 81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATE: May 20,1999 Attorneys for Appellant -6- I Exhibit A SILVER SPRING TOWNSHIP ZONING HEARING EOARO APPLICATION FOR VARIANCE NO, f?Q S (Section 604.4) GENERAL 114FQRMATtON Name of Applicant(s) aupertor Addrass_ 105 Maytown Road Et3ah htnrM De Zgg Telephone No. 367-1375 Application Date 2-16-99 Name of Landowner of Record Garth Ullom Subject Property Address 6714 Carlisle Pike Mechanicsburg, PA17o5s Subject Property Zone C-3 Reauested Variance(s) and Section Noe, ,?r3 OurQoot Cc? Name, address and telephone of representative or consultant Superior sign 105 Maytown Road Elizabeth, PA 17022 717-197 13Zg - AO ITI AL REOUIREMENTS (Include 5 copies of each of the following). 1. A written description of the proposed use in sufficient detail to demonstrate compliance with each of those criteria listed in Section 604.4 of the Zoning Ordinance. 2 A scaled site plan with sufficient detail and accuracy to depict the nature of the request, and reflect its relationship with adjoining properties, and their improvements. 3. For use variances, a written report and scaled site plan demonstrating compliance with aft applicable provisions of the Zoning Ordinance including the following; A. The Zone requirements in which the subject property is located (e.g., setbacks, lot area, lot width, lot coverage, height, landscaping, 1110'and, e. The General Provisions requirement listed in Article 3 of the Zoning Ordinance (e.g- vehicular access, off-street parking and loading, signs, screening and landscaping, etc.). F E9 17 t?99' 1. The hearing fee is S,Y00 °= pursuant to Section 603.1.2. of the Zoning Ordinance, 2.' The applicant shall ba required to pay all public notice and advertising costs as specified in Section 803.1.2. Of the Zoning Ordinance. 3. The applicant shall pay for one-half (112) of the stenographer's appearance fee as specified in Section 603.7 of the Zoning Ordinance. ATU I hereby certify that the information submitted in accordance with this application is correct, and I further agree to pay for those sts outlined above. lies is Signature Date AOMffaiSTRATION Date Application Accepted co//4?EE Total Costs _ i;027-D,0 /? Dates Advertised Itwo successive weeks no more than 30 and no less than 7 days before hearing! Property Posting (at least one week before hearingl Date of Hearing (within 60 days of application) Date of Decision (within 45 days of last hearing) Decision Chairman 'Dice Chairman Secretary SILSP8 Exhibit 8 BEFORE THE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, PENNSYLVANIA Application No, V-99-5 In The Matter of Promises located at 6714 Carlisle Pike, SUPERIOR SIGN Mechanicsburg, Pennsylvania FINDINGS AND ORDER Superior Sign (the "Applicant") requests a variance from Section 313 of the Silver Spring Township Zoning Ordinance, as amended (the "Ordinance"), to permit certain requested signage at the subject premises. The Silver Spring Township Zoning Hearing Board (the "Board") has evaluated the Applicant's request in accordance with Section 313.3 and 644.4 of the Ordinance. FINDINGS OF FACT 1. A public hearing on the application was held on March 8,1999, at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, for the purpose of considering Applicant's request for relief. 2. Public notice of the hearing on the application was given by newspaper publication and by posting a notice on the premises. Specific notice was given to Applicant by first class mail. 3. Board member Lee Duke recused himself from this proceeding. The Application was decided by a quorum of tho Board. 4. The premises are situated in the Highway Commercial Zone (C-3). 5. Applicant has standing as authorized agent of Cumberland Valley Motors ("CVM"), which owns the property. 6. CVM operates an automobile dealership on the premises. It sells automobiles manufactured by BMW, Subaru and Volkswagen. 7. Currently three wall signs arc attached to the building on the premises. Those signs read, "CVM,' 'BMW," and "Subaru." Applicant also has a freestanding sign located at the southeast comer of the premises. That sign consists of the trade emblems of BMW and Subaru manufacturers. In addition, Applicant has attached to the bottom of the freestanding sign a temporary panel which displays the Volkswagen emblem. 8. Currently there are 172 square feet of signago on the premises. 9. Applicant proposes to remove the temporary Volkswagen emblem on the existing freestanding sign and to install at the southwest comer of the promises a similar freestanding sign which displays the Volkswagen emblem . Applicant also proposes to install a fourth wall sign onto the building. The wall sign would consist of the Volkswagen emblem. .2- 10. Even if the temporary panel displaying the Volkswagon emblem is removed from the existing freestanding sign, the signage on the premises will exceed the Ordinance's limitations on the square footage and number of signs permitted on the premises. Section 313.3 of the Ordinance limits CVM to one sign per principal use. That section also limits the maximum area of the sign to one square foot per five lineal feet of lot frontage. Based upon the lot frontage of the premises, CVM is limited to a maximum sign area of 60 square feet. Section 313.3 also limits the square footage of flat wall signs to fifteen percent (15%) of the wall area to which the sign is attached. 11. Applicant requests variances to permit the additional wall and freestanding signs, 12. Applicant identified no unique physical circumstance or condition of the property. 13. The only "hardship" identified by Applicant is its contention that, without the additional signagc, the Volkswagon branch of the dealership will not be easily identified and that, as a result, the dealership will not grow. DISCUSSION AND CONCLUSIONS 1. Proper notice of the public hearing was given. 2, The Applicant has not met the requirements set forth in Section 604.4 of the Ordinance for the granting of a variance. Applicant's only justification for the proposed signage is that those signs arc necessary to identify the Volkswagen dealership and that, without them, the -3- dealership will not grow, This justification is purely economic and speculative and is not sufficient to establish a hardship under Section 604.4 of the Ordinance. 3. Applicant did not identify any unique physical circumstance or condition of the property. Nor did Applicant satisfy its burden of showing that there is no possibility that the property can be developed in strict conformity with the Ordinance and that the requested relief is necessary to enable the reasonable use of the property. Indeed, such a finding would contradict the fact that CVM has been operating a dealership, including the sale of Volkswagons, on the premises with the existing signagc. 4. The Board concludes that it is appropriate to permit Applicant to continue to display the Volkswagen emblem on the existing freostanding sign. Applicant shall be permitted to upgrade the Volkswagen part of that sign so that it is consistent with the BMW and Subaru portions. Accordingly, the Board, by unanimous vote of 2.0, makes the following Order. -4- BEFORE THE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, PENNSYLVANIA Application No. V-99-5 In The Matter of SUPERIOR SIGN Premises located at 6714 Carlisle Pike, Mechanicsburg, Pennsylvania ORDER AND NOW, this ,;L day of April, 1999, it is ORDERED that the application (No. V- 99-5) of Superior Sign, on behalf of Cumberland Valley Motors, for a variance from certain requirements set forth in Section 313.3 of the Ordinance, be GRANTED in part and DENIED in part. Applicant's variance request is GRANTED to allow Applicant to upgrade the Volkswagon portion of the existing (rcostanding sign on the property so that it is consistent with the BMW and Subaru portions of the sign. In all other respects, Applicant's variance request is DENIED. i -- issued this,-.).Ie day orApril, 1999.) -5- CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Steven J. Weingarten, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 Silver Spring Township Zoning Hearing Board 6475 Carlisle Pike Mechanicsburg, PA 17065-2391 Respectfully submitted by, METTE, EVANS WOODSIDE By: Charles B. Zwally, Esquire Sup. Ct. I.D. No. 7137 Paula J. Leicht, Esquire Sup. Ct. I.D. No. 42585 James M. Strong, Esquire Sup. Ct.1.D. No. 81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATE: May 20,1999 Attorneys for Appellant 1847291 -7- 1 y $ t • •COmptote Nano 1,&WOr 2 for additional servins. •complstsItems 3 da, and 4L. I aI50 Wtetl to reCBIva the j •Pdld your name and addnse on the ravens of this form so N card to et we can Mum this fdh:t ing "Mcee (for an P you "Attach this form to the front of the mall piece, or on the Lack If vemdt. extra fee): span does nd 7.O Addressee's Address 1 o $ •WWWRefum Rwe/Pf Requested' on the melldea bNOw it* anlde the d o . •lne Retum Rscelpl wip show to w11om dw erlltla was delivered err! the dCC 2. O Restricted Delivery y I. dki dellrersd. Consult 0 imaster for lee p 3. ANde Atltlressetl to. . 4a. ANde Number { a SILVER SpRIM Twp ZONDU I WM P 282 346 953 N j 4675 MMaSm PIKE Service type o { E3 Registered ?CoroRed rIDCAANISBiJRG PA 17055 2393 13 Express Mail ? Insured C " 0 Return ROW01 for Merchandse O GOD 3 99=3080 7• Date of save ?s 9 5 Recei d B ' . ve y: (Prfnf Ntune) , B. Atldr a dress ( I lfrequested . x i lIF and fee is paid) 6. Signature: Addressee or Agent) ? 4 PS Form 3811, December 1994 m_s?ts re r.a,;?? Dnmacfic Ron,, 0...... b.. r? t i I I i i I ....?.....,_?....._.._...?..,..,..,..w......... .?....,.,....,,?... : .:,:r. „ rnv r, r: .,,,•a,- yrr:,...,a;..s ?:,..vva?ma-u ' UNITED STATES POSTAL SERVICE _Flrst•CleseMeil_ •I I I I I ge 8 Fees Pdid !f LISPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • PROTHONOTARY'S OFFICE CUMBERLAND CO COURTHOUSE 1 COURTHOUSE SQ CARLISLE PA 17013 7 ?. -? ? r? `?' ?' \ --? _ ,?, i ti ??. '' O ? J ? ?.; ? ,.:_' ? y ;. ? ?; ?. ? ?_ W m m 0 b o o;n 0 a ? ? a °o > n I a?z?m O W 0 k ° d W Q a° m a k / a . I 1 p Cumberland Valley BMW, Inc., t/d/b/a Cumberland Valley Motors VS. Zoning Hearing Board of Silver-_' Spring Township 4675 Carlisle Pike Mechanicsburg PA 17055-2391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3080 CIVIL 19 WRIT OF CERTIORARI cr . r eFr?N 4#;Frc -re;, roil Foe °y 4q? 4,T?, -., rf/A1 /or/OOrPO''BA/ SF9?rFSr4oF :'.. COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of Silver Spring Township: We, being willing for certain reasons, to have certified a certain action between Cumberland Valley BMW, Inc., t/d/b/a Cumberland Valle Motors vs Zoning Hearing Board of Silver Spring Township ero0/CU o/rn __- a°or "?°w pending before you, do command you that the record of the action aforesaid with ror d° ° ,ne y /yo ' °°y// esr Q'/M ?6 °yn /qe q?,Fnx,°°eod ei?? 7?° FTG or/ °'er a°?1 9Ngeo,n °'? ??. .. ?0jorr? F?Fra e? °a r Y J ?G °dp 7 ?p-Jdwi? or/fir a r°° OQ. u /e1Pp/ I yy/ C ®0a9js q O all things concerning said action, shall be certified and sent to our judges of our Court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable George E. Hoffer, P.J. our said Court, at Carlisle, Pa., the 20th day of May _ 1999 TFOX WPY FROM RE0044D In T 'mow. I here unto fet MY 10" and the 01 sk, t rtwe T oa d~ Curtis R. Lon Prothon tary _ 4P-th D u o of ry P 282 346 953 i Receipt for Certified Mail «n Ne Insurance Coverage Provided Du not use for International Mail (See Reverse) o K. + Fee P N.,n P r n, S nwiny m mwio &ui.Di?..,•n I m Pew aP ,.,IYOwng to UUam C Daw.an nner,n's nnn e:. 101 AI Pnsiapc S O` & F.•uv ? a of Dale im Pos . t ' a o 0 M m n r 0 t 0 .t a O ? t •n O 0 N ( pp 0 b W : N x 3 O a . to a N N m n M rr P. O N _ E rT O m o 0 a G M rt W M M a s t ?• to N a Y• a ko %D N O va M M 7 rt r ?r ? -4 z*A'Aim ma O W " 0 C. 3 O O ?C N rn O % - z 3 k W O a O' M N N H O 0 :1 N 7 M C N _ w :9: 0 K £ t Ln hi to to a N F1 [+7 O n x a o I-. hi cn (D m .n c t H r- W O x NN„M N ?7 • LO W a 0 q 5 N N 3 O ?tA q NN M N. H ? t N ?? w H P. H W 7 .d 0 =1 ? to t1 w w E 0 i o. ?+ O 3 N N a < M o' y a o a W K Y Y•o r• M ro M (D (D a C b 0 (DH < 4 0 z H to W at t-h O ' H y I N 3 N w P. ko M r N C N H m Ul N n .• .. .. .. .. .. •. :3 M 0 a to N " Y• a w 03 N rr o M a o 0 M < H W 9 0 (D H O b a n E o w C1 h m A y O LO C N. ? H. H O z N n K 0 r 0 C w a w rD z z v < N w z m ro a H 5. -< Y ., N R y cn y O + O Y p _ 9 M i Cumberland Valley BMW, Inc., IN THE COURT OF COMMON PLEAS OF t/d/b/a/ Cumberland Valley Motors CUMBERLAND COUNTY, PENNSYLVANIA VS. Zoning Hearing Board of NO. 99-3080 CIVIL 19 Silver Spring Township 4675 Carlisle Pike Mechanicsburg PA 17055-2391 PRAECIPE TO INTERVENE AND ENTER APPEARANCE '. c `.I PTO: PROTHONOTARY OF CUMBERLAND COUNTY AND NOW, comes the Township of Silver Spring by its Solicitor and hereby intervenes as the party appellee in the above matter, and said Solicitor hereby enters his appearance on behalf of said intervenor. SILVER SPRING By Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Township Solicitor and Attorney for Township of Silver Spring uw orrncco SNELDAKER. 13RENNCMAN Q SPARE Dated: June 7 , 1999 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of this Praecipe to Intervene and Enter Appearance upon the Attorneys for Appellant by sending the same by regular first-class mail postage paid addressed as follows: Charles B. Zwally, Esquire Paula J. Liecht, Esquire James M. Strong, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, 17110-0950 ??i Ri C. Snelbaker Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Township Solicitor and Attorney for Township of Silver Spring Dated: June, 1999 LAW OFFICCB SNELOAKER. BRENNEMAN & SPARE CC) >> uJ ?? CY) 7 17- ii ?' .1. 1- 2.2 ' m S =j CT (? Cumberland Valley BMW, Inc., IN THE COURT OF COMMON PLEAS OF t/d/b/a/ Cumberland Valley Motors CUMBERLAND COUNTY, PENNSYLVANIA VS. Zoning Hearing Board of NO. 99-3080 CIVIL 19 Silver Spring Township 4675 Carlisle Pike Mechanicsburg PA 17055-2391 RETURN OF WRIT OF CERTIORARI AND NOW, comes the Zoning Hearing Board of silver spring Township by the Silver Spring Township Zoning officer as custodian of the records of said Board, and files the following documents as the record of the proceedings before said Board with regard to the above captioned matter pursuant to the Writ of Certiorari filed herewith: 1. Application for Variance No. V99-5, with attachments. 2. Notice of hearing to Applicant dated February 18, 1999, with certified mail receipts. 3. Copy of Notice to abutting property owner dated February 18, 1999. 4. Proofs of publication of public notice as given on February 20 and 23, 1999. 5. Notes of testimony and exhibits from hearing of march 8, 1999. 6. Decision of Zoning Hearing Board dated April 20, 1999. 7. Notice of Decision to Applicant with certified mail uw orrice SNEIRAKER, receipts. ORCNNEMAN d< SPARE James E. Hall, Zoning Officer Dated: June 7 , 1999 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of this Return of Writ of certiorari (without copies of documents enumerated therein) upon the Attorneys for Appellant by sending the same by regular first-class mail postage paid addressed as follows: Charles B. Zwally, Esquire Paula J. Liecht, Esquire James M. Strong, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 Dated: June, 7 1999 i LAW OFFICES II SNCLSAMER• BRENNEMAN Q SPARE I_ ff/r " James E. Hall, Zoning Officer cr a. z_ c"I i1 1, 15 )L'LU . ii 'JI [a- V cn 0 Cumberland Valley BMW, Inc., t/d/b/a Cumberland Valley Motors VS. Zoning Hearing Board of Silver_ Spring Township 4675 Carlisle Pike Mechanicsburg PA 17055-2391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3080 CIVIL 19 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of Silver Spring Township: We, being willing for certain reasons, to have certified a certain action between Motors Cumberland Valley BMW Inc. t/d/b/a Cumbe; anu v vs Zoning Hearing Board of Silver Spring Township pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Common Pleas at Carlisle, within (2_ _ 0) _ days of the date hereof, too_ether with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Ca=nwealth. WITNESS, the Honorable George E. Hoffer, P.J. May our said court, at Carlisle, Pa., the 20th day of y 1999 Curtis R. Lon Prothon Vary (C D uty P thonot ry MA( z 3 , FEA- 4-99 T-41J 13:17 SILVER SPRING TWP- P•04 SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION FOR VARIANCE NO, ?QQ S (Section 604,41 gNEHAI INFORMATION Name of Applicant(s) Superior Sign /Jcr Q?„qN Address lU5 Maytown Road Telephone No. 367-1375 Application Date 2-16-99 Name of Landowner of Record Subject Property Address Garth Ullom 6714 Carlisle Pike Mechanic Subject Property Zone C-3 _ Requested Variance(s) and Section Nos._ 3r? Ourpovc ?c?rr Superior Sign 1111 Name, address and telephone of representative or consultant 105 Maytown Road Elizabeth, PA 17022 - - AODjTI NAL REQUIREMENTS (Include 5 copies of each of the following). 1. A written description of the proposed use in sufficient detail to demonstrate compliance with each of those criteria listed in Section 604.4 of the Zoning Ordinance. Z A scaled site plan with sufficient detail and accuracy to depict the nature of the request, and reflect its relationship with adjoining properties, and their improvements. 3, For use variances, a written report and scaled site plan demonstrating compliance with all applicable provisions of the Zoning Ordinance including the following: A. a. The Zone regwremems in which the subject landser ngis located c 1 and! g . setbacks, lot area, lot width, tot coverage, height, The General Provisions requirement listed to Article 3 of the Zoning Ordinance (e.g., vehicular access, off-street parking and loading, signs, screening and landscaping, etc.(. 3 17 1999 1 b_ l: • 1 :! I 1 11_1 1 a 1 1:1 .? 1 L. '•i 1¢ li S F, 1•: 1 1'i L. I W 1-' 4 r LEA. 1. The hearing fee is SyV_0, C) 0 pursuant to Section 603.1.2, of the Zoning Ordinance. 2. The applicant shall be required to pay all public notice and advertising costs as specified in Section 603.1.2. of the Zoning Ordinance. 3. The applicant shall pay for one-half (1121 of the stenographer's appearance fee as specified in Section 603.7 of the Zoning Ordinance. SIGNATURE I hereby certify that the information submitted in accordance with this application is correct, and I further agree to pay for those costs outlined above. 99 lica is Signature Date ADMINISTRATION / Date Application Accepted//? Q9 Total Costs i??D•Q0?7 Dates Advertised (two successive weeks no more than 30 and no less than 7 days before hearing) Property Posting (at least one week before hearing) Date of Hearing (within 60 days of application) Date of Decision (within 45 days of last hearing) Decision Chairman Vice Chairman Secretary SIlSPB Q II 86 1 u I - I I 4 ; l 1 1 Q ' o 1I ' 1 0 1 1 I U ? I Ln w a 1 W CL n o 0 0 1 1 a.. 1.I J 1 1 11 u a 1 I' 4 Z I 9 F- I U L1..1 1 u :Z. ?. 1 0 pi I to il??i tf&I m r N it z Y ? .- G - Fn 2 4 c v V p Cj_l HMO om w V 00 rn J V Z O1n o z I Ln `t w m Of, .LJ u'1 Q O Ji r V) , . 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Gf W Z Y CY) o V o N s- rn m w I W to ? ? ? cn L an M N QI x J ®Z >- I W z N b M W 0 w x p 1-- Q o z J Y J . h 'Y ° ° m z V) .1 O .. o Z O - ° > r cr- Lj o y z ? 0 o Q i Z N v i 3? t ,r. . 1 1, .t I Ilrl 1 _. 1,, I1_'•?'1. 1: _,I-'L: 111 r., 'I 1.1 I' 1= u? SIGN PERMIT APPLICATION Silver SVnng Townslnp Penna. Tvuc of Ppr the Dole of n r nrcahnn I'criud AVPhration ? Numtxr ul . Application Permit _?. (hlvinal a%-.?_C.1 c1 ,?-.h"r1 `J 3 - lienowal locution of S,vn ?uh2de/aAtiIL' LIACLe1;1 N?iu2 67/N C;?RLIsLC PIkC _ _ NJc L'/drl.tl/L' S'/?LI/'L;? ?? l IJ,ri,S .._..---• ---- i'onmo Untrict and Use. C, 3 Type ul Sion ._.. .. ----? --.....__.-_- (ln Pr alto isaS Service Clun Not. _ Oiractional flehoiuus Notice Public Servicn Ullle.al - --- Public Utility - - -? cm,struclion Matnowl: ..__..--- ALUaNNJ/--1, S TEFL •f- P1 t7 5 F IC: I Wttrtificationof OwnarJup ._?-_--- - Owner ----Name ^.__..-.. Sign rL •A S T I -0101F "/l-le! Structures Description of Sign _ _ Supporting Strocturo Approximate Size i One Side tca $ TEEt TJ 13C S Stundino X Ock/Oak 1-look Rai--r,) N7£12N1.t• V Type - 67W cwjC 9? n?F Anuchcrl IDC[ailsr ,y, f;C c?UITi/`/tvtJr YL= s ---------------- I llun, irmt ion U Nu Yes, if yes vivo details 1.060/1Cv.LJ I.S TNr OAJL 1126A •Q1= ' ?:;) r1-LV/L1rn1An??lJ. ?st'E t72?1w,ti su: i /ILCk IOCAJF1IL`/CATILOA) ?PyLVAJ S/GAJJ nddross G 23 LAST C/-1612 ' 2I) P,t2t DO 41 Y11 Oy.3 kA3u:( Ul L L F, 7"" tli S5CCu G7,11 CAPISLL= 1hC r1 Eel/il,u is s (I?/ L ; F•9 I , Lar,d the following appendages ore altarhad hereto and Application for permit mode a part of tills application. Uenied l Attochnwnt fdattd Perm j _A' _ [I Separate Conditions or Reasons: IIII Alf.duvn M r,ne I Sr.alc Drawing of Sign loealion A i Scale Dr ewino of -Siva -- - 15/k, 7-0 { I hereby certify that tho information rnnta,nvd herein i 6 aceunlln to thn hest ul pIV knowledge anA ability 1 ARTC;UI 1 .. _.. date Fur. G?tJ/-/'l Ait-/.1 b/ILLrS? /Yv777?Q Zip Code Phono 2 Frio 7 U vya 7YY? 0 9oy3 717 l?cis 5 697- VA1,,Y I1 rr_. _ II lr u APpro+cd {dater onto .-. I t_ •:? e 12 .a: 1= 12 t rI i] r LI I> . SIGN I'ER? I APPLICATIC N Silver Spiing'Townslup, P (, TC;t. I- . {d .: Typc of For the Onto of Number of Application Period Appllettiun Applieotiuo Vorntit ? Ur lllinal •aTs-?I r? a-.7-q7 3 -_I - -- - Henowal Locutio110 f Sign Lu1-?&c2L.A.J,O 1/ALLCy Noro/L 671 N C2RLl.sL6- PlkF /1ECIMA)I/C.selmn M / 76Y,5- ;'0111119 Onlrict and Use. ?- C3 type of Sipn On Prmnisl'_5 _ Service Club NO _ Directional _ Roliolous Notice Public Service Olliaat Public Utility - - --?-' Cn a struction Matnrials -- - /ILUM1A)01.1/ 5TEFL f P)- ASF1 C IdtrHificahon of Owuuraup it Name Sipn LASTI -LIAM' lNC c'A2(H ULLOAI 5tft/[;Uft3 Land Il,t following appendage, it a%flOwd hc,cto and made a part of this application. _Atinchman{ Form "•A" "it" Soparaw Scale Drawing of Sipn Location A --- --^ SCalc Drawing of Sign _- FNoivS 11 hcroby Certify that the information Contained herein is occur Ate to tho bA, 1 fny know(rdgr :Ind ability. ? Uatn !For -L01it 1OZ4,LI?? D" L'?LCE¢'?oivii Dtscrlptlon of Sign - - - Supporting Approximato Structure Size Free On, ide W l ALL PR r F Ib) IT J ?? - l V tjXL( OETCRh,.u ftl Type A h d QY TIUP ttoc u Ib)etailsl Yrs ~ Illumirunion U Nu Yes• if yes give details S fC- ?/1iiL/i S --- Purpose: pC4 C/Z F1CATroAJ CclRc??A2 516 ) Address 6,23 EAsr C?1%y np PO Doe .S90tj3 K/sk?l)CVrLLF,7-rAW 53Ef_ 67NJ CAPISLL PIkE r1eu?Aa/cs,?bu2?, O/>' / ? r 1 r Application for permit- t)tnicd 1001111 Crmditions or Reasons: Zip Code Phone I Boo - `yYy )YyG 90 V3 /265.5- 7/7 G99-Yf'YJ, I, c, I 11 h Approved _. . {died U y !_._-. --Dora N O c ? Z2 u > c ? q ,off 9 j . N U m a u 0 Ca y .y V q a O; 7 ` V r cc 8 aa ? q q ? ? ; •" • 0 C ? Y d N p p p p L >> y L Y O. a C; C C ^Y CLO , O? q 'C A N CL C .0 M / 'y • Y _ i C u ,• •,• 0 ?' E t :o .N w o a s c .• d C •q o E 9•- ? c 0 0 ' n c o v 'E E Z a ?o a ' o3 ° 9 c? Z O v _ ? n o c o ? c ° t O o o ' o $ ?t "M E _ ?" ' ' Q p Q Q ; tt A O o a Q ?o W L? 08 r J V W m m CS y 0 LLJ X L •0i 0 O V O w CO 13 m M uj u e y $ w O S F 5- 3 E Y 'v 7: u o O ? ?I ? O u 9 c a A m ¢ rc C E § $ 9t u. d ai CS d .5 ¢ co* cc ¢ ai V `i n o off:. ti N N1 sP i .? CI I Y Z J • ? 0 vl y ? a. O h 1 R ^, y }. Survey For Volkswagen Site #406526 Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA. 17055 I i O q r ..fit . .. i 1 . ,1 n! old o. ry _, n IR r,,woi¢sso H /S 0 : o 31 i _Z, 9H? N A C yU n E Z u 1 i I'. i. 1 V- LOCAL SIGN CODES Dealer No. 406526 Dealer Name & Address Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17055 Ground Signs Number Allowed: Size Allowed: Monolith Sq. FL?: Height Allowed: Setback: Other Restrictions: Wall Signs Number Allowed: Size Allowed: Projection Limit: Other Restrictions: Directional Signs Number Allowed: Size Allowed: Height Allowed: Setback: Other Restrictions: Sheet2 City/County of Jurisdiction Silver Spring Codes Contact & Phone No. Jim Hall (717) 766-0178 Zoned C3 Highway Commercial 1 50 square feet 15 feet and 8 1/2 feet grade clearance 10 feet front and side can not overhang public property 1 per street frontage 2 maximum 75 square feet per sign not regulated not in ordinance Variance Will it be necessary to file a variance to obtain a permit for recommended signs: Which signs will require a variance: What is the filing fee: $400.00 How many days prior to meeting must application be filed: 30 days Approximate time to obtain ruling: Same day Documents required for a variance: Photo of sign, plot plans How often does commission meet: Second Monday Comments: Check with power company regarding power lines Page 1 Project - Dealership Site Surveys Brand Site No. Volkswagen 406526 Dealership Name Cumberland Valley Motors City/State Mechanicsburg, PA Existing Sign El 55" X 55" Pylon E2 18" X 24" Directional New Sign Recommendation R1 72,'E VeC l Loco .z'r Tao S.ZTrti - /y!A/t"? .z r-TX+E ?Lr 77-1EAL_' A,Qa iio vGC?LC:?77 eev Gn+e2 C E'nZr.:.::. Dx/?Ge?yc?.?+c. ?f eez?'?G ¦ a 0 a h 0 a Zi B ?w NI `r U N ?]S b t? i \V?l Z01 y W w ,r D O v a I \ 11' ?Illh i,',p I 'nnihrrl:ulJ A'.Illcv Alulnc, 671-1 Pike \ICi hanleshurg, P.\ I'o.55 iOc„t C)?759 I I 1 I I I 1 I I I 1 7 -looi'o C'uw IeII.nIt l A',?Iley \i??i?ns h „4 y f uJ wY ?Na.ry118 \I\\?'i 11115; li Cuwhr11an11 \.Illr? 11cl?ns 1 71 1 C';uli'Ic PiLc %Icchmmc?hmc, PA 170>5 L C11' •Ini? i_?? ?•ninh,Iland \'allcc I (',IIII?IC 111ke ?Icc wIIICSI)III I':\ I'llii I vw .10026 lumbcrl;iuJ \?alky \loans n", I 1 C: IIIs Ic Pikc .\Icehanl0bur9, PA 17,05.5 V%V .1002o CunihcrLuld Valley Nlulnis fi4G/LiT?°?L e4T/® ,P//®l?l?h?i4P/®? A 1711» IF 1? VW .10(6_6 Cunilictlaud 1;tllcy ?. 1, Ims 671.1 C;uiislc Pike Mcclwmoburg, P:\ 17uii /6 I V\\ ?luni]n Cunihalaud Valley nluwe, f??®L/TYfLAT!®N??G?TO?R?PL/? nl??4Cat I a,c V a;??A 1705; \!A%, -loo , S20 Camberhmd Vallcy Motors 01.1 Cadislc Ptl:e Mechanic,burg, 11:\ 111155 /9 ?: O J/] / ?y/? Qy Cnnihc(land Valley \La ns 417 fAQ/ ITy/RNATI NPI/®T?ilRAMS nlccnaiucsl,lurg, PA 1705; 1 I AF, . 1-:7 2 1'\V dUlii 2t, Cun?Uc?l;md 1';dlcy \luwis .\lcehunicsburg, P:\ 17055 Phuta # Bufldhp ,; fAdop/illYfL AT/®)VPff®l0.pRAPf/S VW -1011526 Clmlberlanll V;illey Molocr 6714 Carlisle Pike Mccliauicsburg, PA 17055 VW -11105_'(, Cuuthcll,uul Valk) .N1001IN n71?7 C;t l'I uIC ('d:a Mcchan? ?a6urg, PA 17003 vZ "1 -?Y nnib.I Lind \ipct \I?nui. T/?C/L/T ?''fLAT/® a?°?I LCT®?'?i4PC?A , '. ,,, ; ILLEGIBLE COPY c OPY ILLEGIBLE COPY C Y SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Maria L Lewis, Vice-Chairman Jan N. LeBlanc William C. Dunn Jackie Eakin February 18, 1999 Certified Mail #Z224 776 909 Superior Signs Attn: Mr. Arthur Quinn 105 Maytown Road Elizabethtown, Pa 17022 RE: Variance 99-5 Cumberland Valley Motors Dear Mr. Quinn: The Silver Spring Township Zoning Hearing Board will meet on March 8, 1999 at 6:00 P.M. at the Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania to consider your application for a variance to Section 313.3 (Specific Sign Requirements) of the Silver Spring Township Zoning Ordinance. Please plan to attend or have a representative present at this hearing. Should you have any questions, please feel free to contact me. Sincerely, James E. Hall Zoning Officer JEH/sab 6475 Carlisle Pike ? Mechanicsburg, PA 17055-2391 ? (717) 766-0178 p (717) 766.1696 FAX E R: j 8 a •COmplate Items I endor x for additional SeMUe. •CO01plete 1111015 3, 1a nd eb I also Wish to receive rile I 1 , . sprint your name and addans On Ina reverse 01 11118 torn se that we can return ails Who yyoou. •Aitech U11s loan to the bond f IM i following aerVICB9 (for an extra }BB): ,dt j o ma lpiea, months beck a •WefuntR I R ' •pam does not 3 Ad a'eAddrBS3 t. 1 r5 1 y c pf apueeted anlhemailpiecebelowtheadidanimber. •The Return Receipt will show to whom the anlde was delivered and the date strict 13 Z• Re Retdgad Delivery i e o delivered, Consult postmaster for fee j 3. Argcle Addressed to: . 4a. Artlde Number is ( € SUPERIOR SIGNS Z ? D ¢ E g A 4b. Service Type 9 j TTN: MR. ARTHUR QUINN ? Registered CeRINed f 105 MAYTO\VN ROAD ? Express Mall Insured 9 01 .5 j LIZAREPFITOWN, PA 17022 ? RetumRacelptforMardlandise ? COD 9 j 7. Date of Delly ry j Received By: (Print NemeJ 4 / / 2 T Q B. Addressee's Address ( my 11 'requested j . 1 v / /7 /Z and as Is pale) j c nature: Addrasae I ? n I P o 3811, Dec at lsga mzssssr.e-0,rs Domestic Return Receipt i,M on rn p¢ O c'7 C C a 7 224 771r 909 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 11, nn. u.n en.ln.amalinnal LAail /Cno rovmcol SUPERIOR SIGNS ATTN: MR. ARTHUR QUINN 105 MAYI OWN ROAD L""LIZABET'I (TOWN, PA 17022 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom b Dale Delivered Return RKeVS" to Wh= Dole & Addmuee's Aaeess TDTAL Foslape 6 Fecs Postman, or Dale n, is i UNITED STATES POSTAL SERVICE F Rfi C Mell I Poe C & Fees Paid USPS PoWt No. 44 ? I • Print your name, address, and ZIP Code In this box • SILVER SPRING 1OWNSHIF 6475 CARLISLE PIKE 1%'FrI1J/ I.,Irl<; I)^r PA. 17055 I I I I I i , I I IIrfIII!e:III,,,.I,f..I:11I:i: I! I! IdI I, I:: I MIL r,I, Id It 1,l 1 Stick postage stamps to article to cover First-Class postage, certified mail foe, and charges for any selocieo optional services iSee resell 1. 11 you want this receipt po;Imarked, stick the gummed stub to the right of the return address leaving the ii attached and present the anule at a pass ull¢d seance ?'y window or hand it to your rural carrier Join extra charge). 2. It you do nor vrant this wce,pt postmarked, slick tile, gummed stub to the right of the m 2 return address of the 9r¢Ie., dalo, detach, and retain the rec.,pl, and mail the article 7. If you want a return receipt, word the corolred mail numb,, and your name and addmsv, N m on a r<AUm receipt card farm 3811, and attach h to the !rani oil PK addle by means rrl the gummed ends it spare permits. Otherwise, albs to hack of arido. Endorse, front of amdd RETURN RECEIPT RECUESTED adiarcnd to the numb,, < a If you ware deiwery mstuded tc the add,es,,r! It le an aumunred agent of the C add,csser, endorse RESTRICTED DELIVERY in the Imnl oI the aneAn co M 5 En"lr Ice" for the sewiees mgunsfed m Pin rypr"I""Oe !mires ou Ind bonl oil IN!, I- recopt. 11 mount tec!epi is renunsled, check the rg,p:odtle binds m aces 1 ut fore, L- C, Save In,, tacegd and p,dunl I,1 you mn6e an ,n0,ury rn ` r SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman MariaL Lewis, Vice-Chairman Jan N. LeBlanc William C. Dunn Jackie Eakin February 18, 1999 Dear Property Owner: Notice is hereby given that the Silver Spring Township Zoning Hearing Board will meet on March 8, 1999 at 6:00 P.M. at the Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania to conduct a hearing on and consider the following application: Variance 99-5 Superior Signs 105 Maytown Road Elizabethtown, Pa 17022 The applicant requests a variance to Section 312.3 Specific Sign Requirements of the Silver Spring Township Zoning Ordinance for Cumberland Valley Motors at 6714 Carlisle Pike, Mechanicsburg for the Volkswagon Dealership. The variance application has been submitted pursuant to Section 604 of the Silver Spring Township Zoning Ordinance. All interested parties are encouraged to attend this hearing. Sincerely, E. Hall I?Xjamcs Zoning Officer JEH/sab 0/475 Carlisle Pike ? Niedianicsburg. PA 17055 2391 ? (717) 7600178 ? (717) 706.1690 FAX THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under fict No 587. nmued May i6.1929 Commonwealth of Pennsylvania, County of Dauphin) as Frank J. Epter being duly sworn according to law, deposes and says: That he Is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday and Metro editions/Issues which appeared on the 20th day(s) of February 1999. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ?- <o: PUBLICATION COPY 23rd day of Fe"jWy 1999 A.D. Notarial Seal A7 ,/ j ?? A Tent' L. Russell, Notary Public / Harrisburg, Dauphin County My Commission Expires Juno 6, 2002 NOTARY PUBLIC Member, Pennsylvania Association of Not commission expires June 6, 2002 SILVER SPRING TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG, PA. 17055 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 106.33 Probating same Notary Fee(s) $ 1.50 Total $ 107.83 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By ................................................................... -r•? ? P? 199 TIDE PATRIOT NE)?V.S', THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. Sill, eooroued Maq,]6.1929 Commonwealth of Pennsylvania, County of Dauphin} as Mfchae?Morrow being duly sworn according to law, deposes and'sq5f That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corpdration organizad and existing u6?6r.the4? of the Commonwealth of Pennsylvania, with Its principal office and place o6tZusmess at 812';b at8.Market Shealy.{tA.; the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher af,THE PATRIOT NEWS ate ;; THE SUNDAY PATRIOT-NEWS 'newspapers, of general circulation, printed and p,ublished,et 812'.to 818 Markaf StEegt, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE S008AY PATRIOT-NEWS ware: estpbllsges?;, March 4th, 1854, and September 18th, 1949, respectively, and all have been. continuaysly published.. ever, sipcq, . ,,. f•', That the printed notice or publication which is securely attached hereto is exactly'. as printed' and published frt..; . their regular dally and/or Sunday and Metro ediUonsilssues which appeared on the Ord day(s) of Febnjary,.ti999.,,`•;y. That neither he nor said Company Is Interested In the subject matter of sald printed notice or advertlsing,,ano, titet,x all of the allegations of this statement as to the time, place and character of; Publication aretrue; and ?That he has personal knowledge of the facts aforesaid and is duly?authonzed Fd empowered to verify tfj?es statement on behalf of The Pat.dot-News Co. aforesaid by virtue and pursuant'to a;,resolution unanifnously passed adopted severally by the stockholders and board of directors of the said tompany and subsequen(ly duly recorded Tn the office for the Recording of Deeds in and to rsaid County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Sworn to and subscrib bet ore me this-,24th• day of ?PI*Qg 9 . A D -j-l rNor na1 -Seal --- f ?eery .. r?sasall, NoraN P? ?? i-,amsouq, oauonin County' NOTARY PUBLIC xnvcommnsion Expires June zooz fission expires June 6, 2002 Memoer, Pennsylvania Associahcn or Nohanes SILVER SPRING TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG, PA. 17055 Statement of Advertising Costs Otte" the To THE PATRIOT NEWS CO., Dr. y U're an Oul .. or" 014 "`Z'" or For publishing the notic6;or publication attached hereto on the abbve:siated dates $ Probating same Notary Fee(s) $ 1 •S6 Chaim" Al Total $ 53.17 $11 1 1. . in. W.M.. Beard Publisher's Receipt for 'Advertising `Cost:' THE PATRIOT-NEWS C0.,'publisher of THE PATRIOT-NEWS and THE SUi4l Y,PATRIOT-NEWS, newsp'apers'Cf gpelifal circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By .............. PUBLICATION COPY h SENDE •Co f t m mp ets Nam61 `v z for eddito" ssmces, ¦Canplsls 1'11= 3, sA, end 4b I also Wish to receive the . •PrlM your name urd eddrees on the revaaa of this form w that we can return this f011owing services (for an card NoyoA extra fee): • A N h hol e loan to IM MM of the mellpleto, or on IM bed' II rtancl p a •W'd epeco does not Address 1' E3 Redresse .t 0 $ D le 9ftrM Recelpf Ropu"h d'on the nlallpism below the Article number. ear Return Reipt will show to when the article wee defhrerod and the date 2. O Restricted Delivery o delivered. Consultpostmasterfor fee, i v 3. Article Addressed to. 4a. Article Number f t X Superior Signs ??71 'Z l0 av aE Alin: \Ir. Arthnl'Quinn IUS 1I ' 4b. Service Type ? Registered VCertlfled I a} unv1 Road 6lizabethtoe'n Pa 17022 ? Express Mall 13 Insured , ? RetumReceipt for Merchandise ? COD j 7. D to of Delivery 5. Received By: (Pdnf Name) . - . Atltlre e's Address (Only If requested ; as ? \A,^ and lee Is Palo) 0 > 6. Signature: (Addressee or Agent) APR 2i' PS Form 3811, December 1994 102595.97-8-0179 Domestic Retum Receipt Z 224 776 892 m m c C 0 m M E L a US Postal Service ` Receipt for Certified Mail No Insurance Coverage Provided. On not IIAn fnr IntNmatinnal unit igaa m,mmal Superior Signs Attn: W. Arthur Quinn 105 \ia?lolcn Road I?lizabcthtoacn. Pa 171122 Certified Fee Special Delivery Fee Restnded DeYvery Fee Retum Recoipt Showing to Whom 6 Dale DeevaMd Realm Recrpi Shrwq r' Whom. Dale. A Adele "'s Addms TOTAL Postage 8 Fees I s Postmark e' Dal. r Af'r; '::1 1999 I , 1 {I 1 ' 1 UNITED STATES POSTAL SERVIC 1?\ !t Ci f, I ?L L tb t SILVER SPRING 'TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 USP6 ... ,. • Print your name, address, and ZIP Code in this box • 111111111111L11111LJ11111L111111111111111,6111till ,111111 Stick postage stamps to article to cover FIrs1-Class postage, codified mail lee, and charges for any selected optional services (See loot). 1. 11 you want this pi postmarked. stick the gummed snob to lFe riga! of nce rearm address leaving the receipt attached, and present the article at a post office service window or hand i to your rural carrier (no Wra charge). 2. it you do net want this recnipl postmarked, suck the gummed stub to the right of the m m' return address of the anion, dale, detach. and rclain the receipt. and mail the amoe. 3 II you want a return loceipl, wnto the cemfied mail number and your name and addlgss m on a return receipt card, Form 3811, and attach d ro the front of the article b I moans of rho ?r gummed ends II space Pennies, Olhii allix to hack of anion Endo-Se front of amcln RETURN RECEIPT REQUESTED adjacent Ionic number F 4 it you want oe6vely mstncled to the addressee, of to an aulhurved agent of the addri endorse RESTRICTED DELIVERY onmelront of the anrcle. CD m 5 Enter fees for the sonaces I4 C uesled in the a{,pt rn ,mate, spaces on Inc front ol Ibis i t F6 mC(! pl. I return receipt is requested crieck the applicable blocks to Aem. t nl fmm 3811. o G. Save this rCCepl and ple$Cm 1 4 you make ae ingWry. L a Ji i i , i , i? SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Maria L Lewis, Vlce-Chairman Jan N. LeBlanc William C. Dunn Jackie Eakin Superior Signs Attn: Mr. Arthur Quinn 105 Maytown Road Elizabethtown, Pa 17022 Dear Mr. Quinn: April 20, 1999 Certified Mail #224 776 892 Enclosed are the Findings and Order of the Silver Spring Township Zoning Hearing Board relative to your variance request. If you or your client are aggrieved by the decision of the Board, you may seek to have the decision reviewed by the Court of Common Pleas in the manner provided by the laws of the Commonwealth of Pennsylvania. Any such appeal to the Court of Common Pleas must be filed within (30) days after the entry of the decision by the Board. Should you have any questions, please call. Sincerely, !Ha.1 James EZoning er Enclosure JEH/sab (475 Carlisle Pike ? Mechanicsburg, PA 17055.2391 ? (717) 766.0178 ? (717) 766-1696 FAX BEFORE THE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, PENNSYLVANIA Application No. V-99-5 In The Matter of Premises located at 6714 Carlisle Pike, SUPERIOR SIGN Mechanicsburg, Pennsylvania FINDINGS AND ORDER Superior Sign (the "Applicant") requests a variance from Section 313 of the Silver Spring Township Zoning Ordinance, as amended (the "Ordinance"), to permit certain requested signage at the subject premises. The Silver Spring Township Zoning Hearing Board (the "Board") has evaluated the Applicant's request in accordance with Section 313.3 and 604.4 of the Ordinance. FINDINGS OF FACT I. A public hearing on the application was held on March 8, 1999, at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, for the purpose of considering Applicant's request for relief. 2. Public notice of the hearing on the application was given by newspaper publication and by posting a notice on the premises. Specific notice was given to Applicant by first class mail. 3. Board member Lee Duke recused himself from this proceeding. The Application was decided by a quorum of the Board. 4. The premises are situated in the Highway Commercial Zone (C-3). 5. Applicant has standing as authorized agent of Cumberland Valley Motors ("CVM"), which owns the property 6. CVM operates an automobile dealership on the premises. It sells automobiles manufactured by BMW, Subaru and Volkswagon. 7. Currently three wall signs are attached to the building on the premises. Those signs read, "CVM,11 "BMW," and "Subaru." Applicant also has a freestanding sign located at the southeast comer of the premises. That sign consists of the trade emblems of BMW and Subaru manufacturers. In addition, Applicant has attached to the bottom of the freestanding sign a temporary panel which displays the Volkswagon emblem. 8. Currently there are 172 square feet of signage on the premises. 9. Applicant proposes to remove the temporary Volkswagon emblem on the existing freestanding sign and to install at the southwest comer of the premises a similar freestanding sign which displays the Volkswagon emblem. Applicant also proposes to install a fourth wall sign onto the building. The wall sign would consist of the Volkswagon emblem. -2- 10. Even if the temporary panel displaying the Volkswagon emblem is removed from the existing freestanding sign, the signage on the premises will exceed the Ordinance's limitations on the square footage and number of signs permitted on the premises. Section 313.3 of the Ordinance limits CVM to one sign per principal use. That section also limits the maximum area of the sign to one square foot per five lineal feet of lot frontage. Based upon the lot frontage of the premises, CVM is limited to a maximum sign area of 60 square feet. Section 313.3 also limits the square footage of flat wall signs to fifteen percent (15%) of the wall area to which the sign is attached. 11. Applicant requests variances to permit the additional wall and freestanding signs. 12. Applicant identified no unique physical circumstance or condition of the property. 13. The only "hardship" identified by Applicant is its contention that, without the additional signage, the Volkswagon branch of the dealership will not be easily identified and that, as a result, the dealership will not grow. DISCUSSION AND CONCLUSIONS Proper notice of the public hearing was given. 2. The Applicant has not met the requirements set forth in Section 604.4 of the Ordinance for the granting of a variance. Applicant's only justification for the proposed signage is that these signs are necessary to identify the Volkswagon dealership and that, without them, the -3- dealership will not grow. This justification is purely economic and speculative and is not sufficient to establish a hardship under Section 604.4 of the Ordinance. 3. Applicant did not identify any unique physical circumstance or condition of the property. Nor did Applicant satisfy its burden of showing that there is no possibility that the property can be developed in strict conformity with the Ordinance and that the requested relief is necessary to enable the reasonable use of the property. Indeed, such a finding would contradict the fact that CVM has been operating a dealership, including the sale of Volkswagons, on the I premises with the existing signage. 4. The Board concludes that it is appropriate to permit Applicant to continue to i display the Volkswagon emblem on the existing freestanding sign. Applicant shall be permitted to upgrade the Volkswagon part of that sign so that it is consistent with the BMW and Subaru portions. Accordingly, the Board, by unanimous vote of 2-0, makes the following Order. -4- BEFORE THE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, PENNSYLVANIA Application No. V-99-5 In The Matter of SUPERIOR SIGN Premises located at 6714 Carlisle Pike, Mechanicsburg, Pennsylvania ORDER a AND NOW, this ?Oday of April, 1999, it is ORDERED that the application (No. V- 99-5) of Superior Sign, on behalf of Cumberland Valley Motors, for a variance from certain requirements set forth in Section 313.3 of the Ordinance, be GRANTED in part and DENIED in part. Applicant's variance request is GRANTED to allow Applicant to upgrade the Volkswagon portion of the existing freestanding sign on the property so that it is consistent with the BMW and Subaru portions of the sign. In all other respects, Applicant's variance request is DENIED. Mary: Pierce-McLain, Chairperson (Order issued this day of April, 1999.) -5- f ? MY1 i i y4? i o Y / Ir~?1 t w , ? r V ' R h. r a y k, s, k?rsr ? rti J?, ^? .. , its • g ( I ' •? ? ti Al t .7 r + r : y a?7 V ll, t U?q zi y Vie ' y a r eIw s ?? $ o. err . COPY SILVER SPRING TOWNSHIP ZONING HEARING BOARD IN RE: V 99-5 Stenographic record of hearing held at 6475 Carlisle Pike, Mechanicsburg, Pennsylvania. March 8, 1999, at 6:24 p.m. ZONING HEARING BOARD MEMBERS: MARY LOU PIERCE-MCCLAIN, Chairperson LEE DUKE RICHARD LASKOSKI APPEARANCES: McNEES, WALLACE & NURICK BY: STEVEN WEINGARTEN, ESQUIRE For - Zoning Hearing Board Lorraine K. Troutman, RPR r 241'1 ARCHIVE REPORTING SERVICE 2336 N. Second Street (717) 234.5922 Harrisburg, PA 17110 FAX (717) 234.6190 e 2 1 CHAIRPERSON MCLAIN: We will continue on 2 with variance 99-5 exception 313.3 of the zoning 3 ordinance of Silver Spring Township as submitted by 4_ Mr. Quinn. 5 Legal notices have been published in the 6 Patriot News on February 16 and February 23, 1999. 7 Notification of the date, time and place of this hearing 0 was sent to Mr. Quinn on February 18, 1999. 9 MR. DUKE: Before you go ahead, at this 10 point I am going to ask to recuse myself from this 11 particular aspect of tonight's hearing for personal 12 reasons. 13 CHAIRPERSON MCLAIN: Thank you, sir. 14 Mr. Hall, did you post the legal notices on 15 the property? 16 MR. HALL: Yes. I posted the legal notice 17 on the property on March the 1st, 1999. I would like to 18 make one correction. The legal notices were in the 19 Patriot News on February the 20th, and the 23rd of 1999. 20 This was a late submission, and I was able to get it in 21 on that Saturday. 22 CHAIRPERSON MCLAIN: I have your note and I 23 thank you for that, but I thought it followed through 24 with the other even though it was late, but thank you for 25 that so it was February 20 and again on February 23? 3 1 MR. HALL: That's correct. 2 CHAIRPERSON MCLAIN: Thank you. Mr. 3 Quinn -- 4 MR. QUINN: Yes? 5 CHAIRPERSON MCLAIN: -- would you be sworn 6 in. 7 (Whereupon, the witness was sworn.) 8 MR. QUINN: My name is Arthur Quinn. I 9 represent Superior Sign, and also Volkswagon and Garth 10 Long, who is the owner of Cumberland Valley Motors. 11 I have some additional photographs for you I'd like to . 12 give the Board. 13 CHAIRPERSON MCLAIN: Okay. 14 MR. QUINN: (Handed out photographs.) 15 MR. WEINGARTEN: Do you want these 16 identified as Applicant's Exhibits? 17 MR. QUINN: Yes, please. I was sent 18 additional colored photographs that I thought would help 19 show the spot a little better. 20 MR. WEINGARTEN: Just for the record, let me 21 identify what he submitted here. We will call 22 Applicant's Exhibit 1, it looks like a diagram of the 23 sign, it's a plan dated April 20, 1998, prepared by 24 Plasti, P-1-a-s-t-i, dash, Line, L-i-n-e, Inc. 25 We will call that Applicant's Exhibit 1. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 There's a second plan dated May 1, 1998, by Plasti-Line, Inc., we will call that Applicant's Exhibit 2. There is a plot plan of Cumberland Valley Motors, it looks as if it is stamped. Is that February 198 in the lower, right-hand corner, Mr. Quinn? MR. QUINN: Yes. MR. WEINGARTEN: That will be Applicant's Exhibit 3. Visibility chart, Applicant's Exhibit 4 and a series of three pages consisting of six color photographs of the site. We will call those three pages combined Applicant's Exhibit 5, and the photos are individually numbered 1 through 6 on Applicant's Exhibit 5. Proceed, Mr. Quinn. 23 24 25 MR. QUINN: Our request is for additional signage to identify the Volkswagon dealership. At this time, the dealership at Cumberland Valley is identifying Subaru, and you can see this in the photograph. I know they are rather small. Second page, top photograph, it shows you the two signs. I am also identifying it on the plot plan for the location of the signs, and it shows the size of those signs, they are Subaru, and Subaru is listed on the left side of the photograph, the BMW sign is located on the right side of the building, and the name of the 5 -e?) i { 7 1 dealership, which is C.V.M., is located in the center. 2 Those are all the signs that are shown on 3 that building. There is one additional sign as a 4 free-standing sign that you can see on the third page of 5 the photographs, they also list the BMW dealership and 6 the Subaru dealership. What we are requesting from the 7 Board is to have adequate signage for the VW dealership 8 on the building, and also as a separate pylon sign, which 9 are submitted in the sketches of those signs. 10 CHAIRPERSON MCLAIN: Is the Dodge sign yours 11 also, sir? 12 MR. QUINN: As you see on the plot plan, and 13 I think part of the confusion -- I don't know if it was 14 brought to the Board before. I met with Garth and the 15 property that is shown, I think it is four separate lots. 16 The BMW dealership and Subaru dealership is considered 17 one lot, and next to it is the Dodge dealership, which is 18 a separate deed. 19 CHAIRPERSON MCLAIN: That has nothing to do 20 with Cumberland Valley Motors. 21 MR. QUINN: Nothing other than he is the 22 owner of the property, but it is a separate deed for that 23 property -- 24 MR. LASKOSKI: According to your photo here 25 you already have Volkswagon on the existing pylon. 6 1 MR. QUINN: The existing pylon, the top two 2 sections are a lighted sign. The VW logo that you see 3 below is an older logo that was just temporarily applied. 4 Vinyl, I think. It was submitted as a permit to you 5 before. 6 What VW is doing is updating to the new 7 logo. They have asked me to come as a representative to 8 request additional signage for them because they say it 9 is inadequate. 10 CHAIRPERSON MCLAIN: I don't think we had 11 Volkswagon before us before. 12 MR. HALL: No, you did not. 13 MR. QUINN: Whether it was permitted, that 14 was before me. I couldn't tell you. 15 CHAIRPERSON MCLAIN: No, I'm sure they 16 didn't come in for that. 17 MR. QUINN: The reason for the visibility 18 chart, and what I am trying to show the Board today is, I 19 had met with Jim before to discuss what is adequate 20 signage for this property. And due to the speed, the 21 size of the road -- this is a PennDOT road -- and the 22 visability of the building, we feel that a separate pylon 23 is necessary to help identify the VW dealership. 24 It will be located on the same side, and the 25 same entrance to the VW dealership, which is the left 7 1 side of the building. this is just to help direct the 2 traffic to the VW dealership. 3 CHAIRPERSON MCLAIN: So the sign would 4 remain? 5 MR. QUINN: Correct. 6 CHAIRPERSON MCLAIN: So an additional 7 pylon -- 8 MR. QUINN: Right. Is being requested. 9 This would be at its own entrance, which is on the left 10 side of the lot. 11 CHAIRPERSON MCLAIN: Uh-huh. 12 MR. WEINGARTEN: What is the visibility -- I 13 understand the visibility charts are presented, but what 14 are you intending to show here? What are we supposed to 15 focus on as far as the distance? 16 MR. QUINN: Because of the way that the sign 17 is designed on this lot, the largest letter heighth that 18 we feel we could get on to this sign, because of the 19 square format, is probably about a four-inch letter. And 20 if it were to be changed to a plan center sign, the way 21 your ordinance reads, we would probably have less 22 readability under your current ordinance. 23 So going to a plan center sign actually 24 reduces the letter heighth. If you look at your chart it 25 shows you maximum readable distance, and readable 8 1 distance for maximum impact. 2 According to the chart, it falls about 3 halfway between for the average person to see an average 4 letter heighth. The distance shown on that road to the 5 sign, and I think you can see that in the photograph 6 doesn't even give you an opportunity to recognize the VW 7 logo. That's why we are requesting the additional pylon 8 to increase the size of the logo also to get a tire on 9 the sign. 10 Now, the lot itself is -- it's a very 11 well-designed building. It's a very clean-looking 12 building, and I think you can see in the sketch that the 13 pylon is not something that's -- that's an obtrucive 14 sign. It's just to add to the direction of the people to 15 the Volkswagon dealership. 16 CHAIRPERSON MCLAIN: And what will you do 17 with the present pylon sign? 18 MR. QUINN: We would remove the Volkswagon 19 from the present -- 20 CHAIRPERSON MCLAIN: And it would go back to 21 the two? 22 MR. QUINN: That's correct. at this time 23 the free-standing sign you are looking at is really 24 designed for two businesses. There are two removable 25 panels that have lights on. Those two signs, the bottom 9 1 panel, is actually a support structure because they had 2 nowhere else to put their sign. They were forced t 3 o put it onto the support structure. That is why the n 4 ew VW dealership is saying we are requesting a new pylon si 5 gn because this sign is not adequate and w , e cannot convince 6 Subaru or BMW to reduce the size of the sign into 7 your i plan center sign format. 8 CHAIRPERSON MCLAIN: If this request were 9 denied, sir, how would you alter the present sign? 10 MR. QUINN: I am hoping that we get either 11 the wall sign or the pylon sign. I don't think that the 12 dealership will do anything to the sign, even though they 13 are held under lease agreement with VW to do something 14 with the sign. 15 If it's denied through the variance they are 16 just not able to do it, and that's where we stand with 17 that because we cannot really alter the sign. 18 I had submitted through permits to Jim, just 19 trying to go through the normal channels of a permit, and 20 I think in talking with Jim it seemed to me it was almost 21 as if it was unclear on which direction to take for this 22 property because it did have three dealerships. 23 And you know, if he expands what would 24 happen if you have more? I don't know how many are 25 allowed on the lot. I don't think the building would 10 1 house more than three, but it does hold three. 2 MR. WEINGARTEN: Mr. Hall, just so that I am 3 clear, in looking at the ordinance, is this -- this would 4 be governed by the chart, permanent sign requirements on 5 page 31 of the ordinance, and look at the individual 6 business signs. 7 MR. HALL: That's correct. 8 MR. WEINGARTEN: So therefore only one 9 maximum -- the permitted number of permitted signs is one 10 per principle use, and we have one principle use, so one 11 sign is permitted. Right? 12 MR. HALL: That's correct. f a) 13 MR. WEINGARTEN: We already have one pylon 14 sign out front. In addition, they've obviously got a 15 series of the wall signs. I mean, so don't they already, 16 as currently existing, don't they already currently 17 exceed the one sign or am I reading this chart wrong? 18 MR. HALL: No, I think you are reading it 19, correctly. They do exceed what is required by the 20 ordinance. If we take what has been been provided for us 21 on the chart, the Subaru sign, I believe, is a 2-by-11, 22 2-feet-by-11-feet, and the signage there for Subaru is 22 23 feet; the existing Cumberland Valley Motors sign is 24 two-feet-by-six-feet, which would be 12 feet; and the 25 existing BMW sign is the exact same thing, 12 square 11 1 feet; and the pylon sign with the information that has 2 been supplied to us has a total of 126 square feet to it 3 as it stands. In all they have 172 square feet. 4 Now, by going by the frontage, and as we 5 read it, it says one square foot per five lineal square 6 feet lot frontage, not to exceed 26 square feet. You can 7 see that they would be allowed, what, 60 square feet of 8 signage for that particular business or businesses that's 9 there? They have a total of 172 square feet at the 10 present time. 11 MR. WEINGARTEN: So right now, without the 12 additional sign, they have 172 square feet of signage 13 currently. 14 MR. HALL: Currently. 15 MR. WEINGARTEN: And the way that I read 16 this, it's 64 square feet per sign, but they are only 17 limited -- they are limited to one sign. So it's 18 essentially 64 square feet that is permitted for this 19 site. 20 MR. HALL: Not exactly. What is permitted 21 is 60 square feet. 22 MR. LASKOSKI: Based on frontage. 23 MR. WEINGARTEN: I'm sorry. 24 MR. HALL: With a maximum of 60 square feet. 25 MR. WEINGARTEN: So it's 60 square feet is 12 I i t 1 1 permitted. So they are already 112 square feet as we sit 2 here today over what is permitted in terms of signage? 3 MR. HALL: That's correct. 4 MR. WEINGARTEN: It is non-conforming in 5 essence in order to add another wall sign, pylon, we 6 would have to grant a variance to both signs in terms to 7 the number of signs. In addition, we would have to grant 8 a variance or expansion of non-conforming used to the 9 area. Wouldn't that be correct? 10 MR. HALL: That's correct. 11 MR. QUINN: I have a question, though, I 12 think it is in determining what is the principle use. 13 The principle use of the lot is that it is a dealership, 14 which is C.V.M., but isn't it also that each one of these 15 separate dealerships is also a principle use to itself; 16 and that one is BMW has its own business, VW as its own 17 business, and Subaru has its own business. So when you 18 look at principle use, you have one property with three 19 uses. 20 MR. LASKOSKI: Well, if you stacked up these 21 three dealerships side by side, say they were three 22 separate owners, then we could have three signs. 23 Frontage would be no different. So we would still only 24 have 60 feet of sign area combined because frontage 25 doesn't change. So I don't see where there is a heck of 13 1 a lot of difference whether it's one or three uses. 2 MR. QUINN: Well, I think it's the way that 3 that it is divided out. Also the owner of the lot, 4 separating the three into separate areas, your ordinance 5 doesn't look at a property as a company that has three 6 different businesses in one area, which I think falls 7 into the plan's center sign also. 8 The sign, from what I was getting from Jim, 9 according to your ordinance, you say that you have -- 10 this is considered a store front sign? This is all signs 11 put into one ordinance? It's not separate from 12 free-standing and building sign? Do you know what I am 13 asking? 14 MR. HALL: I know what you are asking, but I 15 think where we are at here is that I am not sure that 16 this would come under a plan center for the signage that 17 is available under a plan center 'cause the use is 18 really -- 19 MR. LASKOSKI: It's one use. It's 20 automobile dealership. 21 CHAIRPERSON MCLAIN: I would look at it as a 22 plan center. 23 MR. LASKOSKI: The use is generic we don't 24 govern whether he is BMW or Volkswagon dealer. It is one 25 use. It is a car dealer. 14 Auk 1 MR. QUINN: Somebody going to a business, 2 wouldn't you want to know what you are going to buy? 3 Just saying it is a car dealership, if you are looking 4 for a particular car, if you never identified the car in 5 every dealership in your township, how would you know 6 where to go to buy the car that you are looking for? 7 If you needed to buy, you know, a particular 8 brand, you would never know. So you might drive up and 9 down the street of the township without ever knowing what 10 they are selling. 1 11 MR. LASKOSKI: Only if there is no sign. 12 MR. QUINN: Well, there wouldn't be. 1 13 MR. LASKOSKI: No, it doesn't say that. It 14 just governs the size. No one says he can't put up a VW l 15 sign. You just have to do it within the requirement of 16 the ordinance. 17 MR. QUINN: That's where I come in. 18 MR. LASKOSKI: We are not restricting what. 19 he can advertise, you know. 20 MR. QUINN: You are saying he could split it 21 up if he had to. 22 MR. LASKOSKI: Make them all smaller to meet 23 the requirements. 24 MR. QUINN: Right. Then you.come change 25 what needs to be becoming to a building into what needs o..J 15 1 to be free-standing sign. When you divide it out, you 2 are creating signs unreadable from that type of road. 3 MR. LASKOSKI: The required -- you are 4 creating your own hardship here by having three 5 dealerships on one lot. 6 MR. QUINN: Okay. 7 MR. LASKOSKI: We didn't create that, they 8 created that. So, you know, that's not a very good 9 argument. I mean, I will say, I think from the 10 standpoint of auto dealerships, this particular 11 dealership and perhaps the Rahaul dealership, next door, 12 are the two least obtrucive car dealerships in the world, 13 w, in my opinion. I am not necessarily opposed to how they 14 look. 15 MR. QUINN: You are just trying to control 16 it to your township. 17 MR. LASKOSKI: Yeah. 18 MR. QUINN: He is because he is probably the 19 newest dealership here. I think are where VW has a 20 problem is they can't adequately show what their product 21 line is. 22 We do sign installation for national 23 companies. We represent these companies because they 24 can't come through to try to explain, you know, variance 25 proceedings. To somebody down south where there is no 16 1 control over that, when they see a township that allows 2 the amount of signage on car dealerships, and you have it 3 through your township, and you come to one dealership 4 it's almost -- it almost looks like you are penalizing 5 these people for being new. 6 CHAIRPERSON MCLAIN: Some of the signage you 7 see, sir, is before we had this tight ordinance, and we 8 don't want to be like Hampden Township and have everybody 9 with huge signs stick out. 10 MR. QUINN: When we design signs, we design 11 with the environment. We try to make it look 12 aesthetically pleasing. I think what we are presenting 13 to the township is aesthetically pleasing in the design. 14 It's not like your huge signs that you see 15 down the street. This would be as you see in the design 16 that we supply a very simple pylon sign. 17 MR. LASKOSKI: Is that the same size as the 18 existing pylon? 19 MR. QUINN: I am showing you a couple 20 different sizes that could be brought into the township. 21 I am not saying it would have to go to the maximum size. 22 On the second page of the pylon sign, is it shows you the 23 size of the signs that it could be done in. If you see, 24 for instance, pylon number 1, specification A and B, A is 25 the heighth of the sign and B is the width of the sign. 17 r. , 1 We are only talking 10 foot, 6 for the smallest in 2 heighth. 3 MR. LASKOSKI: Which are you proposing? 4 MR. QUINN: This is what comes to me from 5 the dealership. This is what they supply to the 6 dealerships. So I already know the ordinance is tight on 7 the size. So I would probably request that the smallest 8 sign, unless you feel I can do a larger one. 9 MR. LASKOSKI: How does the smallest sign 10 compare to the existing pylon? 11 MR. QUINN: The existing pylon is -- let's 12 see, okay. The existing pylon is four foot. If you pw, 13 noticed on your plot p lan I have indicated the different 14 sizes. I am showing the existing pylon at four foot 15 seven inches, by 13 foot 9 inches. 16 MR. LASKOSKI: Okay. 17 MR. WEINGARTEN: And the dimention of the 18 new one would be the -- 19 MR. QUINN: It could be the smallest one 20 which goes to -- a little over 10 foot high by about 21 three and a half feet wide. 22 MR. LASKOSKI: So a little smaller than the 23 existing sign. 24 MR. WEINGARTEN: Actually, the Board -- I 25 guess one issue that was presented was this is a plan 18 1 center which is the question was one question or issue 2 that's been raised is that this is a plan center with a 3 plan center defined as a group of uses, planned and 4 designed as an integrated unit with controlled ingress 5 and egress, and shared off-street parking provided on the 6 property as an integral part of the unit. And I am 7 assuming that we are not viewing.this as a plan center. 8 Correct? 9 MR. LASKOSKI: Right. 10 MR. WEINGARTEN: We are just viewing this as 11 a dealership that has three brands that it sells. Okay. 12 I just wanted to confirm that. 13 MR. QUINN: I think that's where I am 14 confused. Most plan centers from other townships that I 15 have worked with determine a plan center by three 16 separate entities, which is what this is, BMW, Subaru and 17 VW. 18 MR. LASKOSKI: That would be like going to 19 Wal-Mart and saying there are different brands of 20 clothing in there, that is a separate use. What's the 21 difference? 22 You are talking about brands, it's got 23 nothing to do with, you know, Wal-Mart. Or Giant's got 24 578,000 uses because they carry different brands. What's 25 the difference? 19 1 In car dealerships they are separate in the 2 building also. They are not spread out through the 3 building. You have clothing that's inter-mixed with 4 clothing, candy bars inter-mixed with -- all of the 5 Hershey bars are in the same place. 6 MR. QUINN: I feel the dealership is a 7 separate item because of the size of the product it takes 8 up a separate part of the building. The whole building 9 is a separate entity to VW. 10 When you go into his dealership, it's laid 11 out that BMW is in the right-hand portion, which is where 12 his sign is located to direct you there, so the sign i 13 directed to that part of the building, same with Subaru 14 and same with the VW. 15 MR. LASKOSKI: You are not convincing me. 16 MR- QUINN: You are not convincing you. 17 CHAIRPERSON MCLAIN: Is there anyone in the 18 audience that would like to speak for or against this? 19 MR. DANIELS: Russell Daniels, 27 Bare Road. 20 As a resident of this township, I would certainly feel -- 21 aesthetically I would rather see signage as well designed 22 and used as Cumberland Valley Motor park already uses. 23 A fine example would be across the street, 24 the large box truck with a sign roped on it because they 25 have to, if they want to do business in the township. If 20 1 you want to have the business in the township, you have 2 to work with them to allow them to continue to do 3 business, and this organization appears to at least want 4 to do it in a professional presentation. That's all I 5 have. 6 CHAIRPERSON MCLAIN: Thank you, sir. The 7 Township's position? 8 MS. LeBLANC: We are strongly opposed. 9 CHAIRPERSON MCLAIN: Mr. Laskoski, do you 10 have anything further? 11 MR. LASKOSKI: Let me just clarify now what 12 specifically you would be asking for here. An additional µWy 13 pylon, and we are going to specify, say, the smallest 14 size? 15 MR. QUINN: Uh-huh. Along with what's known 16 as the wall clip, which is just the VW emblem. 17 MR. LASKOSKI: On the building? 18 MR. QUINN: On the building to the left of 19 where the Subaru is. 20 MR. LASKOSKI: And then the existing pylon 21 would have the Volkswagon, current Volkswagon temporary 22 sign removed? 23 MR. QUINN: Yes, that is correct. 24 MR. LASKOSKI: Is this a lighted pylon? 25 MR. QUINN: Yes, it is. ¦ 21 1 i i i 1 CHAIRPERSON MCLAIN: Mr. Quinn, could you 2 show me here, air, what you are talking about on the 3 building? 4 MR. QUINN: For the new signage? 5 MR. LASKOSKI: The wall clip. They are 6 putting the wall clip right into the center of that wall, 7 here in the center of the wall. I think the wall 8 measures out to be a little over four feet high, and this 9 is about three feet. 10 CHAIRPERSON MCLAIN: Steve, do you have any 11 words of wisdom? 12 MR. WEINGARTEN: No, I don't. I haven't 13 really heard the nature of the hardship. 14 What is the nature of your hardship here? 15 The ordinance requires for a variance to be granted that 16 there be unique physical characteristics of the ground 17 that would cause you to be unable to develop the property 18 in strict conformance of the ordinance. And what are you 19 claiming to be the hardship? 20 MR. QUINN: Well, the hardship is the 21 inability for the business to grow with the township 22 under the current ordinance. There is not enough 23 adequate square footage for the signage to go onto this, 24 building for adequate readability to that dealership. 25 But, you know, as Richard had said, he 22 1 doesn't look at these as separate entities. I view this 2 dealership as separate entities, as a plan center, 3 whereas the township is taking the stand that it is not. 4 MR. WEINGARTEN: Even if it were to be 5 viewed as a plan center, though, I believe a vari i ance s 6 still required. Is that true, Jim? Even if it was 7 reviewed as a plan center.? I guess it depends on the 8 square footage and so forth. 9 MR. HALL: It would depend on that. The 10 free-standing plan center sign, I don't think would give 11 them what they would like to have inasmuch as 50 percent 12 of the sign number devoted for the plan center's name. 13 MR. WEINGARTEN: Right. 14 MR. HALL: So it gets small whether you are 15 looking at it from that standpoint. Although my opinion 16 is, and after looking at this many times, that this does 17 not qualify for a plan center, the individual or permit 18 sign. 19 CHAIRPERSON MCLAIN: Okay. Rich, do you 20 have anything to say? 21 MR. LASKOSKI: No. I, you know, I think 22 this is one of those situations where we kind of have a 23 little bit of a dilemma between what common sense and 24 good judgment might dictate. 25 Again, I am not opposed to, as I stated 23 1 earlier, you know, this is one of the better looking 2 businesses around, as far as I am concerned -- and as a 3 car dealership, you know, it is far and above most. 4 But we also have, you know, an ordinance 5 that I think we are obliged to respect as well. But I am 6 also sympathetic to the needs of the business and, you 7 know, I that's the real dilemma as to deciding this is a 8 business in our township that supports the township. 9 CHAIRPERSON MCLAIN: Well -- 10 MR. LASKOSKI: I think it's kind of 11 interesting when I look at this picture and the speed 12 limit sign looks bigger than anything. Nobody abides by 13 that. 14 MR. QUINN: Well, I think PennDOT follows 15 the same readability chart. 16 CHAIRPERSON MCLAIN: My own personal opinion 17 is I am opposed to going over the ordinance for the sign. 18 I do feel that the present pylon sign could be redesigned 19 and re-configured to include the Volkswagon and still 20 maintain good taste. I think that is the dilemma, you 21 cannot redesign it under the new ordinance if we were to 22 convince BMW -- 23 MR. QUINN: I can tell you, I am currently 24 working with Subaru as to their logo change, that hadn't 25 come to me yet and that will be -- and I think it would 24 1 be a matter of working with BMW to rework and convince 2 all three of them to give enough that this sign could be 3 reworked. But under the current ordinance you cannot 4 rework the sign either, you must fall under the new 5 ordinance if you touch that sign. 6 CHAIRPERSON MCLAIN: That's true. If that' ? s where the dilemma, as a business grows there i , s no room 8 for growth for that business in this township. 9 MR. LASKOSKI: If we did not allow this 10 request, what would be an acceptable alternative? That' 11 s what I was going ask you? 12 MR. QUINN: As a matter of fact, I was going ,K 13 to ask you what would you allow this person? 14 MR. LASKOSKI: You are saying that we can't 15 redo the existing pylon. 16 MR. QUINN: Under the ordinance -- 17 MR. LASKOSKI: But technically there was no 18 reason -- what would you do to redo the existing pylon? 19 You couldn't add lights to add another panel? 20 MR. QUINN: You couldn't add lights, it 21 would have to be reworked to add lights. 22 MR. LASKOSKI: But you could do that? 23 MR. QUINN: Yeah. It would require that the 24 sign be taken apart and taken down. 25 MR. LASKOSKI: As opposed to building a 25 1 whole new pylon. 2 MR. QUINN: When I came to you for a 3 variance, that would have been a request for a different 4 variance, to rework the sign. I was asked to come and 5 request the additional signage. 6 MR. LASKOSKI: I am trying to get you a 7 sign. 8 MR. QUINN: I made a suggestion -- I don't 9 prefer going for variances, I prefer working with 10 townships. My company works with all of the townships in 11 this area. We are known for the work that we do. I have 12 won awards in Mechanicsburg and Lancaster because of the 13 work that we do for the company. 14 We tried to work with the township. I think 15 Jim can attest with that. I tried giving him as much 16 information as I can. And I tried to work through the 17 ordinance the first time. This is something that VW 18 forces all dealerships to go through. It's just another 19 step that they made them do in showing and trying to get 20 themselves identified in the township that they sell VW's 21 is all that they are trying to do. 22 As far as reworking that, I would prefer to 23 see the sign raised because VW is so low to the ground 24 that anybody parking in that lot can block that signage, 25 it's actually that sign is designed that that lower 26 1 section is a pylon, it's simply a support structure. 2 CHAIRPERSON MCLAIN: When Subaru and BMW 3 gave permission for that to be put on, air, it was done 4 as a temporary kind of thing? 5 MR. QUINN: No, Subaru and BMW was a 6 permanent -- 7 CHAIRPERSON MCLAIN: No, but I mean did , 8 they give Volkswagon permission? 9 MR. QUINN: I don't think they come into 10 play. They try to do the same as VW, get as much 11 identification. 12 CHAIRPERSON MCLAIN: I mean the temporary -- kew. 13 I am calling it temporary. The sign as it is now, today. 14 MR. QUINN: Right. 15 CHAIRPERSON MCLAIN: They gave permission 16 for Volkswagon -- 17 MR. QUINN: No, that is permission by Garth. 18 He is the owner of the property. He was the only one who 19 had to give permission. Whether they had permits to do 20 that, I have no idea. 21 CHAIRPERSON MCLAIN: I am opposed to any 22 additional signage. 23 MR. LASKOSKI: Barring any comprise? 24 CHAIRPERSON MCLAIN: I would not be opposed 25 to somehow reworking the present sign. 27 , 1 MR. LASKOSKI: What about the building clip? 2 The circular? 3 CHAIRPERSON MCLAIN: Where it says Subaru up 4 top? 5 MR. LASKOSKI: On the building itself. 6 MR. QUINN: That would be -- 7 CHAIRPERSON MCLAIN: I wouldn't be opposed 8 to that. 9 MR. QUINN: Do you have the wall clip? 10 MR. LASKOSKI: Yeah, we have it. 11 MR. QUINN: That would be this one. This is 12 considered the wall clip. 13 CHAIRPERSON MCLAIN: It would just be an 14 insignia, not the name spelled out. 15 MR. QUINN: That's correct. 16 MR. LASKOSKI: Just as you see it there. 17 CHAIRPERSON MCLAIN: And what color would 18 that be? 19 MR. QUINN: It would be like the sign you 20 see in the photo, it would be in the blue Volkswagon -- 21 CHAIRPERSON MCLAIN: It wouldn't be silver 22 like the Subaru? 23 MR. QUINN: No, it would not. 24 CHAIRPERSON MCLAIN: I just -- I really like 25 our sign ordinance. I agree with this gentleman about 28 owls 1 golden Corral, and I truly wish we could do something 2 about that because I like our township to stay as 3 uncluttered as we can. 4 With what Rich said, I certainly do have 5 sympathy with a business person in identifying their 6 business, but I also feel that that complex there is in 7 good taste, and it is in good taste also with the sign as 8 it is. 9 MR. QUINN: You wouldn't see me here if it 16 wasn't because I wouldn't represent them. I am currently 11 working with Lancaster City, who is also having a problem 12 with their signage ordinance, and the businesses in that 13 city because businesses are moving otft. 14 They are having a problem with keeping is businesses in the city because the ordinances that are 16 set up by the townships are set up by square footage, not 17 by aesthetic value or by the particular business itself. 18 So you get a Golden Corral because you are 19 held by a square footage ordinance, rather than a broad 20 looks at something for its aesthetic value or the 21 business itself. So you get signage which is a lot worse 22 because of your ordinance under the square foot law. 23 CHAIRPERSON MCLAIN: But I will tell you, 24 sir, as I travel around, the areas that impress me are 25 those that have fall.in into and kept with their sign %,.J 29 1 ordinance. I will use an example of McDonald's, as they 2 are spread throughout our country, and some of them are 3 very tasteful. You don't know it's that because the sign 4 is low, and to me that's more pleasing to my eye, and if 5 I were seeking out such a place, I would be able to find 6 it. 7 MR. QUINN: But there they also have the 8 ability to hire marketing advertising agencies to control 9 that. They also have this problem in townships where 10 they want to do the signs. 11 They are the same way when they come to us 12 and we do them. Also they want as big as they can get. 13 So it's the townships that control it, but I think also 14 companies that want to do signage that is aesthetically 15 pleasing is another approach that I think townships 16 should look at just as they do with buildings. You don't 17 control what type of building as far as the design of a 18 building by square footage. 19 MR. WEINGARTEN: Do you want to call for a 20 motion? CHAIRPERSON MCLAIN: Is there a motion? 21 MR. LASKOSKI: Yeah. I will would move that 22 23 the request as submitted be approved under the following 24 conditions, that the existing pylon could have the 25 addition of the Volkswagon sign, and that the building 30 1 clip be permitted. 2 MR. WEINGARTEN: So you are saying that you 3 would approve the second pylon sign? 4 MR. LASKOSKI: No. Approve the modification 5 to the existing pylon, not a new pylon. 6 MR. WEINGARTEN: And do what to raise that 7 pylon? 8 MR. LASKOSKI: No, to permatize the 9 Volkswagon sign as shown on photo six. 10 MR. WEINGARTEN: Okay. Permitting the third 11 panel there with Volkswagon VW and permitting the wall 12 clip? 13 MR. LASKOSKI: Yes. 14 MR. WEINGARTEN: Okay. Well, I go along 15 with part of that, Rich. I am not sure I can go along 16 with the wall clip. 17 CHAIRPERSON MCLAIN: Tell me again, sir, how 18 big is the wall clip? 19 MR. QUINN: This one here on page 3. This 20 is set up pretty much the way the other one was also. It 21 shows as the size when you go to the second page, if you 22 look at A and the size there is actually three different 23 sizes, and I am saying size number 1 which is 37 inches 24 high. 25 CHAIRPERSON MCLAIN: I'll go along with 31 i 1 that. 2 MS. MCLAIN: Approving the existing sign -- 3 isn't the existing sign already permitted, though? 4 MR. HALL: There's an existing VW sign on 5 the pylon sign as it exists. 6 MR. WEINGARTEN: Right. So that's -- 7 MR. LASKOSKI: Has that been approved? 8 MR. HALL: I don't know there has been 9 permits issued for it. I don't think there was a permit 10 issued for it. 11 MR. LASKOSKI: It was a temporary sign. 12 MR. HALL: It appeared there. 13 MR. WEINGARTEN: You never requested a 14 variance for that, though. Are you requesting a 15 variance? 16 MR. QUINN: Like I had said, I had come in 17 for the additional pylon sign. If that is not permitted, 18 and you are willing to allow the VW dealership to use 19 this sign -- 20 CHAIRPERSON MCLAIN: Just as it does now? 21 MR. QUINN: Right. Only to make it a 22 permanent part, just equal to what Subaru is doing, be 23 equal to what it is doing. 24 MR. LASKOSKI: It is not lighted now. 25 MR. QUINN: The section of the sign where we 32 l 1 are looking at where VW is strictly a support structure 2 that supports the upper two panels. These are lighted 3 panels so what they did was they stuck kind of a sticker 4 on there. 5 MR. WEINGARTEN: The motion to approve what 6 is existing out there with no modification? 7 MR. LASKOSKI: No, I said to upgrade that if 8 they so desire to match the rest of the pylon to become 9 lighted pylon. 10 MR. QUINN: Personally, from a sign 11 fabricator point of view, I think what could be done to 12 the sign is to work this design into the pylon if the 13 township would allow that. 14 MR. LASKOSKI: Say that again? 15 MR. QUINN: If you look at the design of the 16 wall clip, it could be modified to work into the design 17 of the free-standing, if you are allowing us to rework 18 this sign. I could suggest that this be added to this 19 pylon sign because the BMW sign is a three dimensional 20 the face of the BMW does curve out just as you see this 21 sign does. 22 MR. WEINGARTEN: I think that's -- the 23 motion was to upgrade. 24 MR. QUINN: To update that, that's what I 25 took from it also. `. 33 1 MR. LASKOSKI: I am not going to tell you -- 2 MR. QUINN: I think he was questioning what 3 it could look like. We can make it look equal to Subaru. 4 MR. LASKOSKI: That would be the intent 5 on the existing pylon. 6 MR. WEINGARTEN: Motion on the floor. Did 7 you second that Mary Lou? 8 CHAIRPERSON MCLAIN: I don't have a problem 9 with the pylon, I just have a problem with additional 10 signage. 11 MR. WEINGARTEN: There is no hardship shown. 12 MR. LASKOSKI: You have a problem with the 13 building clip? 14 CHAIRPERSON MCLAIN: Uh-huh. 15 MR. LASKOSKI: If I amend my motion to no 16 outer building clip -- 17 CHAIRPERSON MCLAIN: Okay. 18 MR. LASKOSKI: -- will you accept that? 19 MR. WEINGARTEN: Are you amending your 20 motion? 21 MR. LASKOSKI: 'I will amend my motion to 22 delete the approval of the building clip. 23 MR. QUINN: Now, if they do down-scale the 24 other signage to the square footage, would they be 25 allowed the wall clip at that point? 34 0 1 CHAIRPERSON MCLAIN: I.think that the 2 motion, sir, would be to alter the pylon sign, the 3 present pylon sign, and that I can go along with, and 4 that I would endorse. 5 MR. QUINN: I think what I am asking is we 6 are held to certain square footage. I am only asking 7 this so I can report back if the total square footage of 8 the sign on the building is reduced, he would then be 9 allowed to do additional signage? 10 CHAIRPERSON MCLAIN: I don't think we should 11 go with any more. We are already exceeding what we have. 12 MR. WEINGARTEN: Well, actually we have a 13 motion, we have a second. Do we have a vote on that? 14 All in favor? 15 CHAIRPERSON MCLAIN: Aye. 16 MR. LASKOSKI: Aye. 17 MR. WEINGARTEN: Okay. That passes. Thank 18 you. 19 CHAIRPERSON MCLAIN: Thank you, Mr. Quinn. 20 (Whereupon, the proceedings concluded at 21 7:23 p.m.) 22 23 24 25 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings and that this is a correct transcript of the same. oJJ?cuc?, Y? r U?- Lorraine K. Troutman, RPR Notary Public LETTER VISIBILITY- CHAR! READABLE MAXIMUM DISTANCE READABLE FOR MAXIMUM LETTER DISTANCE IMPACT HEIGHT 1,00) 30' 3" 150' 4.0' 4-11 200' 60' 6" 350' 80' 8=, 4.00' 90' 917 4.50' 100' 10" 525' 120' 12" 630' 150' 1511 750' 180' 18" 1000' 240' 24.12 1250' 300' 30" 1500' 360' 36" 17501 420' 4.2" 2000' 4.80' 48" 2250' 54.0' 54.11 2500' 600' 60" NOTE; The following distances will vary approximately 10% with ;., various color combi nations...., 5,280' equals one (1) mile.., maximum distance in color would be RED or BL ACK on WHITE background. Prepared by iho California Institute of Technology. M. V \V -1116520 C11111hC1'LIOd V;d1C3 N10101-s Mech Carlisle [like I'A 17055 VW Q6526 Cumberland Valley Mcturs 6714 Carlisle Pike Mechanicsburg, PA 17055 --------------------- V1V .!06526 Yl Ounherland Valley Minors F uPlllf [i AT19N 9# MEARS Mcel nicsbiug,IPA 17055 I L ?¢- -------------- 1 1 /2° B " I I 6 - D C L I D? V-6,. I _ BLOCK FOUNDATION L1 A - DETAIL A C LI I-- D --I 4-- E --- I *PLINTH VERTICAL SLAB FOUNDATION -- VW PYLON #1. #2 &#33 - - - - - - - - - - - - - ----------- ---------- ------------------------ --------------- --------------- ------------ ---------- ---------------------- --------- - ------- ---------- ---------- R 4-23-98 MCL RTP RELEASED TO PRODUCTION --- REV DATE INIT ECN DESCRIPTION OF CHANGE PROPERTY OF PLASTI-LINE,INC QT TQ DUPLICATED, UNSPECIFIED =.Ots R RADII TOLERANCES: ALL DINCNSIONS AXE IN INCHES x:=:.03 IKR t. ALTERNATIVE CAISSON OTHEMac SPCCInCO ANMES=t r P/N: 00-00-005-4299 PLASTI--LINE, INC. P.O. BOX 59043 KNOXVILLE TN 37950-9043 DSGNR: MCL DWG.BY: MCL CH'K BY: --- SCALE: NTS DATE: 4-20-98 DATE: --- ULZ?NjPno":INSTALL FOR VW 1 2& 3 PYLON VOLKSWAGEN S H T 1 OF 3 oR.w? ??aER: B 19086 D --I I GENERAL SPECIFICATIONS SPECIFICATIONS FOR PYLON #1 M c 10.61' 3.67' 4.75' 2.00' --- 0.59" 11.81" 8.66" 3.15"X3.15"X.24" 3.15"X3.15"X.15' 5/8" v 10.61' 3.67' 4.00' 3.00' 2.00' 0.59" 11.81" 8.66" 3.15" X3.15' X.24" 3.15" X3.15" X.15" 5 8" c 10.61' 3.67' 5.50' 2.00' --- 0.59" 11.81" 8.66" 3.15"X3.15"X.24" 3.94"X3.94"X.16" 5 8" v 1 0.61, 3.67' 4.75' 3.00' 2.00' 0.59" 11.81" 8.66" 3.15"X3.15"X.24" 3.94"X3.94"X.16 5 8" SPECIFICATIONS FOR PYLON #2 b 12.63' 4.50' 3.50' 3.00' 6.00' 0.79" 11.81' 8.66" 3.15 X3.15 X.24 3.94 X3.94 X.16 5 8" c 12.63' 4.50' 6.00' 2.00' --- 0.79" 11.81' 8.66" 3.15"X3.15"X.24" 3.94"X3.94"X.16" 5 8" v 12.63' 4.50' 5.00' 3.00' 2.00' 0.79" 11.81' 8.66" 3.15" X3.15" X.24" 3.94" X3.94!'X. 16" 5 8" b 12.63' 4.50' 3.50' 3.00' 7.00' 0.79" 11.81' 8.66" 3.15'.X3.15"X.24" 3.94"X3.94"X.16" c 12.63' 4.50' 6.25' 2.50' --- 0.79" 11.81' 8.66" 3.15"X3.15"X.24" 3.94"X3.94"X.16" v 12.63' 4.50' 5.25' 4.00' 2.00' 0.79" 1 1.811 8.66" 3.15" X3.15" X.24" 3.94" X3.94" X.16" 1" SPECIFICATIONS FOR PYLON #3 15.25' 5.32' 3.00' 3.50' 8.00' 0.79" 15.74" 12.6 4.72 X4.72 X.24 4.72 X4.72")(:n 3 4" c 15.25' 5.32' 6.25' 3.00' --- 0.79" 15.74!' 12.6" 4.72" X4.72" X.24" 4.72" X4.72" X.22" 3 4" v 15.25' 5.32' 5.00' 5.00' 2.50' 0.79" 15.74" 12.6" 4.72" X4.72" X.24•" 4.72" X4.72" X.22" 3 4" b 15.25' 5.32' 3.50' 4.00' 8.00' 0.79" 15.74" 12.6" 4.72" X4.72" X.24" 5.90" X5.90" X.22" 1" C 15.25' 5.32' 7.25' 3.00' --- 0.79" 15.74" 12.6" 4.72"X4.72"X.24" 5.90"X5.90"X.22" 1" v 5.25', 5.32'. 6.00'. 5.00'. 2.50'. 0.79" 15.74" 12.6" 4.72"X4.72"X.24" 5.90"X5.90"X.22" NOTE: ALL VALUES ARE BASED ON 25DO PSP SOIL PRESSURE. b = BLOCK FOUNDATION, c = CAISSON, v = VERTICAL SLAB FOUNDATION PROPERTY OF PLASTI-LINE,INC I UNSPECIFIED RADII TOLERANCES: ALL DIWENSiONS ARE IN TNCN(I unT Th RC m ipi irATCf1 =.015 R xx=t.03 .zxx F -------- 1.5'x1.5'x7.5" 0.553 0 941 0.553 90 MF . 1.000 90 Mf -------- 0.640 0.640 110 MF 1.5'x1.5'x7.5" 1.108 1.167 110 MF " x2'x7.5 2.385 2.667 90 MF -------- " 2'x2'x7.5" 0.698 1 163 0.698 90 MF ' 2x2 . 2.774 1.222 3.111 90 110 MF MP -------- --- 1.136 1.136 110 MP 2'x2'x7.5" 1.608 1.704 110 MP x2'x7.5 3.204 3.630 90 MP -------- ' ' " 1.636 1.636 90 MP 2 x2 x7.5 ' " 2.407 2.546 90 MP 2 x2'x7.5 4.241 4.741 110 'MPI -------- 1.898 1.898 110 MPI 2'x2'x7.5" 2.870 3.009 110 MPI AISESS OTHERWISE SPEGIrIED ANGLES=* i' Fl. R PL,4ST1-LINE, INC. P.O. BOX 59043 KNOXVILLE TN 37950-9043 DSGNR: MCL DWG.BY: MCL CH'K BY: --- SCALE: NTS DATE: 4-15-98 DATE: --- CUSTOMER: OMER: INSTALL FOR VW #2&#3 DUAL PYLON_ S VOLKS???WAGEN SHT 3 OF Z DRAWING NUMBER: 8 19078 I 1 1 i r i I t I I ?s®o .............. 0, I i VW WALL CLIP #1 &#4 DESCRIPTION OF CHANGE _ UNSPECIFIED RADII TOLERANCES: ALL 01U NSIONS ARC IN INCNCS {MESS =.015 R xx=:.oS xxx=l.ols A SPECt .. ?xNG4tSr,. P/N: 00-00-005-4354 /'w/1-`""z PLASTI-LINE, INC. P.O. BOX 59043 KNOXVILLE, TN 37950-9043 DSGNR: MCL DWG.BY: MCL CH'K BY: --- SCALE: --- DATE: 5-1-98 DATE: --- DESCRIPTION: INSTALL FOR VW_ CLIP #1#2#3& 4 CUSTOMER: VOLKSWAGEN SHT 1 OF 3 DRAWING NUMBER: B19117 15.00' LOCATION FOR ELECTRICAL (DIMENSIONS TYPICAL FOR / CL SIGNS.) 03/4 \ 1 3/16 REF H G E D I 1\ C PROPERTY OF PLASTI-LINE, INC. UNSPECIFIED RADII TOLERANCES: ALL DIMENSIONS ORE IN NOT TO BE DUPLICATED =.015 R XX-1.03 GENERAL SPECIFICATIONS SIGN 0 CLIP 1 CLIP 2 CLIP 3 CLIP 4 A 37 13/16" 45 1 4" 57 1/1611 67 7/8" B 9 3/8" 11" 13 9/16'1 15 15/16" C i0 7/8" 14" 19 11/16" 26 1/4" D 5" 6 3 /16" 6 15/16" 8 1/8" E 6 7/8" 10 1/32" 11 1/4" 14" F 17 5/16" 21 1/4" 27 3/1611 33 1/16" G 2 3/4" 3 3 /8" 4 3/16° 4 7/8" H 10 1/8" 12 9/16" 15 1 2° 18 1/4" } OTKAWISC SPCCIfICO ANGLES-21' PLASTI-LINE, INC. P.O. BOX 59043 KNOXVILLE, TN 37950-9043 DSGNR: MCL DWG.BY: MCL I CH'K BY: --- SCALE: 5-1-98 DATE: --- DESCRIPTION: INSTALL FOR VW CLIP _#1#2#3&#4 CUSTOMER; VOLKSWAGEN _ SHT 3 OF DRAWING NUMBER: B191 1 i t n. ?0 b.l ?0 .. rt M r , lE 1 1 , Il , , 1 ,I ? ^I 'j . ? 11 , • 11 ',mil ! 1 ,'' i ' , u. R `, '1 1 ? 1. 'I I i V LI .•1i•nI +nsw :i.iwl:1'rnr •• ??" ' I ??. ,I•n Iw.,? ) N,;•I tE U?; •Il fill, I `? I II I I 4? ' x I;c J v 1/ l 1?+•4'?" • ?? 1??•',•??+=}?, l • •-• ??••-??? ?Ih 1 1111 . ?1 EII •' `?f /.d? ?E, ? ? Jill /4 f !• it I If i I Ill ?i;t 1I1!'SIi!`c V'?.1 dll?4 '??51? ? ?`) 11 ? t ? I:i I 1 ?`VV i?I ,a??? ? 1 L lit. LB f .? ? , ?yl •{• n?? l (I... I, ;M?n?-n1Lt ?•1 •• 1?. ,_ 1 ' I ; I n. w'-on? lit to . W 1 tl ;1.?i ? ? III I .I• I?? ? 1 1 1 v 4 l 1 1 1, 11 I S I I! •?`' !,? 1 it --?°!°?. 3 I??1 ••,I 1?Il 'L ... i I. II 't I I Q 3 • I t '. 111.?,?•' 111'_. --?_..._ r-r_'___.. .,. ,'. ?, ? I ! I 1 . , 5r .. .:. .... ..r....?_ ?-.-i.__._...___ _,:..-..._ .. z}sue ?a f I].1I, , n 1. ??.1 111{? d??f ?n-=?1?1?,.? IE? .,?,I?1 ??E. ., ? ? •? o? t o ??'I1_ _;t it tit 1E [ l,=, I f•. :I ? i I11 II111: li ?i1? (?tn l1 Itt ?III'I•`• IEI•?ti: `'?1 li '! ? m 1 ?.? ?`? ?4°1 I.---I?•.--11I {, ?18 E'• I , .:.: t6?(al I 'i i r?i1 ' .,l+ • . TTref • t t _11 , ,1 ...• •? EI r ? 1 ,I ` I1..1 ?[ J••i` `/ \ (??• fa7 A ICI! ` V55 I , . 11, r 15.1 ?'? y. _ ? [[ '?1 ?T I!? 1 I Ip "+ I ? , 1 l l ,/ _ _ j 1 I' 1 1 T 1 I ?' I' ??11 E'?^• ^4 ? j?l nom-'^'^••^::• II I I I' I .?I 111lk [ ill VVyylIt17? 1,_ --[T I 1 p!1. , fl..- ^ -`jam 1?^ ' - 5II I I , ;1.•. ~I' •\ 1?-?' x!1'11' 1-..??• -' Wit' I. 1 1 5 i I .. r I F 1 ll,• ?t?1?4? ?14? 1 •?1 E?1 I i ?I? III-1-T •p ?•pI ? q * 1 II 1 r 17 i \ 1?-« ? •.S'1 i JFF :- n?Z'/i f' I+ 1 I?• 1 1 ? I e ' ,,1,i,'I I• `\Y ??f ? I. ?E,`b?f '?`'/\ ..? ?1f??If1V? ? I1I' i I 'Y 1 11 1 [[ 1(n E .•\? . \`A41?.1 .LEI I I .11}. E ; ?Li `•,'\ a lE Ei (A ..1- ?.w I •?,??^ -?'I;\t???1'i ?' S ?`l? a I ' ?I ? tI I 'I. el D II le a? ?r• [ j; I l E S 1. ' . ?'? II -r",?(? l ? 4.f.?'??I--fi-kl• .,?I? I P, b( E e { t E P 1, n' r• 1.? n t 1 I ? I I ' •1'1 ? a ??'_ f/If. :'?,?•,.y?lEW T?'•?? I r,llt ?I [? ?N@? t ? I .. ' 11.?'n? ? SI I ?1t?••' .•1 a'jE t I _ 'a d? mm? CUMBERLAND VALLEY BMW, INC., CUMBERLAND VALLEY MOTORS, Plaintiff V. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-3080 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active. By the Court, Wesley ? er,- Jr. /James M. Strong, Esquire n For the Plaintiffs Richard C. Snelbaker, Esquire For the Defendant R-3 Court Administrator wcy - / 1- /S OC9?' ,. ?.? ?,?? 4_ ?i (J: I CUMBERLAND VALLEY BMW, INC., t/d/b/a CUMBERLAND VALLEY MOTORS, Appellant V. ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3080 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of January, 2003, upon relation of the Cumberland County Prothonotary that the above-captioned case was erroneously placed on the 2002 purge list, when in fact the case had been discontinued, the case is stricken from the 2002 purge list. Charles B. Zwally, Esq. Paula J. Leicht, Esq. James M. Strong, Esq. 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Appellant Steven J. Weingarten, Esq. 100 Pine Street Harrisburg, PA 17101 Attorney for Defendant Q3 - 6j BY THE COURT, FEVNSIIV?;?v;H m Silver Spring Zoning Hearing Board 6475 Carlisle Pike Mechanicsburg, PA 17055 Steven A. Stine, Esq. 23 Waverly Drive Hummelstown, PA 17036 :rc