	Town of Markham REPORT TO DEVELOPMENT SERVICES COMMITTEE


TO:	Mayor and Members of Council

FROM:	Jim Baird, Commissioner of Development Services John Wright, Director of Building Standards

PREPARED BY:	Elvio Valente, Zoning Supervisor

DATE OF MEETING:	March 7, 2006

SUBJECT:	Ground Sign Variance Forest Bay Homes Ltd. 7330 Markham Road Application # 05-013949

RECOMMENDATION:

THAT the ground sign variance, application # 05-013949, submitted by Forest Bay Homes Ltd., BE DENIED.

BACKGROUND:

The subject property is located at the northwest corner of Markham Road and Denison Street, in a CA-Community Amenity zone, under By-law 90-81, as amended. The property contains a Petro-Canada gas bar and a Tim Hortons restaurant. The applicant is seeking permission to erect a second ground sign along the Markham Road frontage, whereas the sign by-law permits a maximum of one ground sign per street frontage. A permit has also been issued for a ground sign, located along the Denison Street frontage, which has not been erected as of February 16, 2006.

The sign does not comply with By-Law 2002-94, as amended, in the following way:

Sign By-Law Section and Requirements	Applicant’s Proposal	Required Variance
(1) Section 5.3.9. A maximum of one ground sign is permitted per street frontage.	Two ground signs along the Markham Road frontage, in addition to one along Denison Street.	To permit two ground signs along the Markham Road frontage.

OPTIONS/DISCUSSION:

According to the Sign By-law, when considering an application for a variance the Development Services Committee and Council shall have regard for:

(a) Special circumstances or conditions applying to the land, building or use referred to in the application:

It is the opinion of staff that there are no special conditions or circumstances present on this site. The subject property is located at the intersection of two major streets; therefore additional signage is not required to advertise these uses. The property is currently permitted to have two ground signs, one along Denison Street and the other along the Markham Road frontage. The variance, as requested, is for an additional ground sign along Markham Road. The Petro-Canada has already been issued fourteen (14) other signs, including wall and canopy signs along the façade of the building, and the Tim Horton’s has been issued two menu boards and a wall sign.

There are several properties throughout the Town of Markham where gas bars and commercial uses are located on the same property and occupy the same ground sign, having a maximum size of 6.0m² and a maximum height of 7.5m. The applicant was advised during the Site Plan Approval process that two ground signs along Markham Road would not be permitted. Multi-tenant commercial buildings within the Town must comply with the same ground sign provisions regardless of the number of tenants. Therefore it cannot be proved that there is a need for two tenants to be permitted two separate signs on the same street frontage. The applicant is suggesting that if the properties were severed the additional ground sign would be permitted under the sign By-law. However the purpose and intent of the By-law is to regulate signs in the Town of Markham with the intent of authorizing signs that are appropriate in size and number to the type of activity or use to which they pertain, and the overall visibility and existing signage is felt to be appropriate. The two signs permitted by the by-law could accommodate Tim Horton’s messaging without the need for a third independent ground sign. The applicant has not demonstrated that there are any special circumstances or conditions applying to the lands that would necessitate an additional sign.

(b) Whether strict application of the provisions of this By-law in the context of the special circumstances applying to the land, building or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant, inconsistent with the general intent and purpose of this By-law:

As noted above, it is the opinion of staff that the amount of signage permitted under the by-law is adequate to suit the needs of the applicant and the tenants. The building can accommodate signs on the north and south elevations in compliance with the by-law that will offer more exposure without having to erect a second ground sign on Markham Road.

(c) Whether such special circumstances or conditions are pre-existing and not created by the owner or applicant:

There are no pre-existing circumstances or conditions that would support the approval of this variance.

(d) Whether the sign that is the subject of the variance will alter the essential character of the area:

The site is located at the intersection of Markham Road and Denison Street (Region of York arterial road and Town of Markham major collector road). These two major streets will allow the public reasonable and appropriate means to locate and identify both services without difficulty and confusion and this can be done without the need of an additional sign. There have been no other sign variances in this area to permit additional signs and an approval of this type of variance would encourage and set a precedent for this situation to occur throughout the Town.

Therefore the Building Department recommends that the ground sign variance be denied.

INTER DEPARTMENTAL IMPLICATIONS:

The By-law Enforcement and Licensing Department is responsible for the inspection and enforcement of the Sign By-law.

ATTACHMENTS:

Figure 1 - Applicant

Figure 2 – Site Location

Figure 3 - Proposed Ground Sign

Figure 4 - Photographs

_______________________________ ________________________________

John Wright, Jim Baird,

Director of Building Standards Commissioner of Development Services