The Willow Glen Resident Planning Commission revokes Garden Theater's permit Property owner is given 70 days to comply with set conditions By Mary Spicuzza When attorneys for Garden Theater owner Luis Tsigarus returned to the Planning Commission Nov. 4 without fulfilling the demands made at a Sept. 23 Planning Commission meeting, commissioners revoked the theater's conditional use permit, reissuing a temporary one with specific, timed demands. Tsigarus now has 70 days to obtain traffic easements, install tire grates, shade bright lights and secure the property's trash bins. The issuance came after over an hour of heated public testimony between angry neighbors and attorneys representing Tsigarus. Exasperated neighbors took turns reiterating that the conditions should have legally been addressed nearly a decade ago. And because conditions have gone unmet, residents said, they have been forced to put up with dangerous gridlock and collisions due to the lack of traffic easements. People also complained of bright lights shining into their windows and garbage strewn near their homes. Despite all the testimony, representatives for Tsigarus were shocked by the commission's vote to yank their permit, calling it hasty, rash and based on pressure on from neighborhood residents. "I believe you're rushing into judgment," EPG Properties attorney Joseph Durante cautioned the commission. "The law says you should find the least oppressive way to resolve matters. There's going to be litigation over this." But for residents who live near the property, revoking the permit was long overdue. Most had waited years for the problems to be solved--nine and half years, to be exact. "We've had constant delays in this process. It's gotten to the point where it's unmanageable," resident Peggy Rossignol said. Willow Glen resident Jennifer Martin agreed. "It's an interesting term, 'rash behavior.' I found it offensive ... it showed a lack of understanding of the history of resident involvement in this issue." Yet Ron Giomi, believed to be the leasing agent for the property, attempted to give a history lesson of his own. "Do you remember the graffiti and the gangs we ran off?" Giomi stated passionately, casting a glance at the baffled residents seated behind him. He then changed his tune, insisting the Garden Theater had met all requirements and waving a letter from Ray Hashimoto toward senior planner Carol Hamilton, saying, "This is from her old boss." Hashimoto's letter, Giomi told the commission, stated that the easement requirements had been met by the previous owner. "The conditions of the permit were to obtain and maintain easements," Hamilton later explained. Durante promised that he and Tsigarus were committed to meeting the requirements and hadn't yet because they wanted to work with neighbors. Yet Ken Hoffman and Stan Berliner, attorneys for nearby properties, said they had not been contacted recently by the Garden Theater about addressing permit violations. Despite his and Giomi's requests for more time, commissioners and residents agreed 70 days was plenty. Kris Cunningham, president of the Willow Glen Neighborhood Association, spoke in support of residents living near the Garden Theater. "It's not just an issue of traffic. It's an issue of trust ... and faith in the process." Commissioners unanimously agreed that a long history of unmet conditions, especially the safety issue around the lack of traffic easements, warranted action. Commissioner Ross said, "I know the applicant/owner is asking for another 60 days ... but the way I see it, you've had nine and a half years." [ Back to Contents Page | Willow Glen Resident Home Page | Archives ] This article appeared in the Willow Glen Resident, November 11, 1998. ©1998 Metro Publishing, Inc. All rights reserved.