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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of Development Services John Wright, Director of Building
Standards |
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PREPARED BY: |
Anna
Henriques, Zoning Plans Examiner |
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DATE OF MEETING: |
2004-Dec-07 |
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SUBJECT: |
Ground Sign Variance Nivlog Investments 7333 Woodbine Ave. Application # 04-026572 |
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RECOMMENDATION:
THAT the ground sign variance application by Nivlog
Investments at
BACKGROUND:
The
variance requested is to permit a 12% increase in sign area to an
existing 10m2 ground sign along
The subject property is zoned B.C. (Business
Corridor) under By-law 108-81, as amended, and is located on the northeast
corner of
In March of 2003, agents from the sign company met with staff to
discuss signage possibilities. They were
advised by staff what was permitted and what was not.
In March of 2004, the agent of the owner was advised by staff that the
addition of a clock feature to the existing ground sign would be considered
signage and would be included when calculating total sign area.
In May of 2004, permits were issued for 2 ground signs without a clock
feature.
OPTIONS/DISCUSSION:
The Sign By-law defines a sign as…’any surface,
structure and other component parts, which are used or capable of being used as
a visual medium or display to attract attention to a specific subject matter
for identification, information or advertising purposes and includes an
advertising device or notice.’
The
definition of sign is deliberate in that it is intended to encompass add-on
features such as a clock, temperature gauge, or any other element that does not
contain any commercial message itself but is added to attract attention to the
sign.
The
purpose and intent of the Sign By-law is to regulate signs in the Town with the
intent of authorizing signs that:
(a) Are appropriate in size, number, and location to the type of activity or use to which they pertain.
(b) Provide the public with reasonable and appropriate
means to locate and identify facilities, businesses, and services without
difficulty and confusion.
(c) Are compatible with their surroundings.
(d) Protect, preserve, and enhance the
aesthetic qualities and visual character of the Town of
(e) Are consistent with the Town’s urban design
and heritage objectives.
(f) Do not create a distraction or safety
hazard for pedestrians or motorists.
(g)
Minimize
possible adverse effects on nearby public and private property.
(h) Regulate signs while impairing the public’s
right to expression as little as possible
and proportionally to the purpose of
the By-law.
The
intent of the Sign By-law will not be maintained if add-on features, such as
the clock, have the effect of increasing the sign area beyond the maximum
allowable.
Staff
have taken the position that these features should be incorporated in the
maximum sign area permitted by the by-law.
The maximum sign area, for this type of development, has increased by
66% when the Sign By-law was passed in 2002.
It
is the opinion of staff that the sign could have been designed to include the
clock feature and comply with the by-law since the applicant knew early on that
a clock would be included in calculating
the sign area. Requests for digital
clocks and increased areas for readographs are commonly denied. Staff recommends the same treatment apply to
analog clocks and other graphic elements.
Under the current Sign By-law passed in May of 2002,
no variances have been approved to permit an increase in sign area.
Staff further notes the owner has
yet to include the municipal address on the existing two ground signs as
required by the Sign By-law.
Variance does not meet the 4 tests for a
variance
Section 19.5 of the Sign By-law states that in
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 development is located on a major
arterial road and is highly visible with no sight-line obstructions. The site currently has 2 ground signs (10m2 each) and 2 directional signs (0.6m2 each) (See Figure 3).
(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:
The applicant has not identified any special
circumstances meriting an increase in sign area. It is the opinion of staff that omitting the
clock feature would not bring any undue hardship to the site.
(c) Whether such special circumstances or
conditions are pre-existing and not created by the owner or applicant:
There are no special circumstances. This section is not applicable.
(d) Whether the sign that is the subject of
the variance will alter the essential character of the area:
The
proposal does not meet the general intent of the Sign By-law and would set a
precedent for similar variances, resulting in an overall increase in sign
areas.
Therefore, the Building Department recommends that
the sign variance application be denied.
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DEPARTMENTAL IMPLICATIONS:
The By-law Enforcement and Licensing
Department is responsible for the inspection and enforcement of the Sign
By-law.
ATTACHMENTS:
Figure
1 – Proposed ground sign with clock feature.
Figure
2 – Site location.
Figure
3 – Photograph of existing ground sign along
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John Wright, Director of Building Standards Services |
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Jim Baird, Commissioner of Development Services |
Q:\Building\Data\Signvari\7333woodbine
FIGURE
1 – Proposed ground sign with clock feature.
Figure 2- Site Location
FIGURE
3 – Photograph of existing ground sign along
