The opening of the Disney Store at 711 Fifth Avenue and the unveiling of its riveting signage has caused an uproar on Fifth Avenue.

Not only is there a marquee projecting approximately three feet over the sidewalk, but a sculptured and colorful ensemble of Mickey, Minnie and Pluto on a pedestal stage goes upward at least an additional six feet. The three-foot wide golden marquee itself looks like a flowing film strip wrapped around paint brushes. From that, a sign hangs down proclaiming The Disney Store.

"This is nothing like we've ever seen before," said Thomas Cusick, president of the Fifth Avenue BID, of which Disney CEO Michael Eisner is a member.

Although the signage certainly would be welcomed in Times Square, and others might call the Disney display tasteful, tony Fifth Avenue commands some of the highest rents in the world. Its strictly regulated signage is normally flush with the building and can't begin until it's ten feet up.

Zoning regulations also are at odds with what Disney has done. Only certain 3-foot wide marquees are allowed to have a one foot hanging sign, but it all must be ten feet above the sidewalk. Anything above these marquees cannot rise more than eight feet.

While city zoning rules allow "large" department stores to have marquees, those marquees cannot have additional signage either going up or hanging down. So if the Disney Store proclaims itself a department store, the additional signage will have to come down.

On the other hand, a theater marquee is allowed to have signage hanging down and going up. There is, coincidentally, a small accessory theater on the upper level of the Disney store that is basically an ongoing video tot-drop spot so that parents can part with their dollars and yen in peace.

Theaters, however, are prohibited along Fifth Avenue, and Cusick and his members are wondering under what theory the Building Department allowed the mishmashed marquee to rise.

So while the Fifth Avenue Association is welcoming the store, several of its members are howling at the mice and dog.

"I've gotten some calls from people who can't believe what they see," said Cusick, who admitted the members called the sign everything from "an abomination" to "outrageous."

Recall the members, that include the heads of Cartier, Tiffany and Gucci, also went bonkers when Roy Rogers opened at 46th Street and had banners hanging from the lightposts.

Cusick explained there is a very specific limitation that prohibits projected signs between Washington Square Park and 110th Street.

"We think the sign that's been placed on this building is contrary to the administrative code and we'll pursue that point of view," he said.

Disney spokespeople were not commenting, and officials at the Coca Cola-owned property passed the problem back to Disney.

Building Department spokesperson Charles Sturcken said they were reviewing the plans. "There's been some claims made that it may not be in compliance with the Special Fifth Avenue district," said Sturcken. "We're going over it with a fine tooth comb.

Sturcken did note that the 40,000 square - foot Disney store is a department store. "It has departments," he said. "This is not a C of O [Certificate of Occupancy] revocation issue," Sturcken continued. "We're waiting to see the rationale from the borough."

While the Giuliani administration has rolled out the red apples for Disney's ongoing investments, it's unclear what tack they will take when it comes to reining in the company's over-exuberant signage.

Cusick said the Fifth Avenue Association and BID welcomes Disney to the Avenue because they are a "great addition," but added "we would encourage them to recognize the nature of the district. We shouldn't have massive violations of sign regulations."

Sturcken, echoing Cusick's worst fears that 40 marquees will suddenly sprout along the Avenue, asked, "I wonder what Warner Brothers will try?" And don't forget Nike.

COPYRIGHT 1996 Hagedorn Publication
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