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:

Tim Williams, Zoning Plans Examiner

 

 

DATE OF MEETING:

February 04, 2003

 

 

SUBJECT:

Subdivision Development Ground Sign Variance

Forest Bay Homes Ltd.

7205 Markham Road

Files # 01-112130

 

 

 

 

RECOMMENDATION:

 

THAT the subdivision development ground sign variance, file # 01-112130, submitted by Forest Bay Homes Ltd., BE DENIED and that the applicant be instructed to bring the sign into conformity with the sign by-law.

 

BACKGROUND:

 

The subject property is zoned CC (Community Commercial) under By-law 90-81, as amended, and located on the northeast corner of Markham Road and Steeles Ave. 

 

The subject sign does not meet the general purpose and intent of the sign by-law.  The applicant was advised that staff would recommend that the proposed sign variance be denied based on Section 19.5 of the sign by-law.

 

A sign permit was applied for on July 20, 2001.  The applicant was asked to reduce the size of the sign to bring it to conformity with the sign by-law and to meet its general purpose and intent.  The sign was enacted, not in conformity with the bylaw (see figures attached).  The complete sign variance application was not received until Nov. 20, 2002.

 

The following chart illustrates the variances requested.

 

Ground Sign

By-law Provision

Permitted under By-law

Proposed

Percentage increase

Maximum sign area per face

12 m2

57.44 m2

478.66 %

Maximum sign area all faces

24 m2

114.88 m2

478.66 %

Maximum height of ground sign

7.5 m

12.192m

163 %

 

OPTIONS/DISCUSSION:

 

Under the current sign By-law passed in May of 2002 no variances have been approved. 

 

There is a grade difference from the street to the ground level of approximately 2 metres.  This is the only reason the applicant has provided for not being able to comply with the sign by-law.  (Photo 1 shows this grade differential.)

 

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 although there is a 2 meter grade difference, the sign could easily be designed to overcome this.  An increase in the size of the sign by more than 400% is not required to overcome this circumstance.

 

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:

 

12m2 development signs are among the largest signs permitted under the by-law.  They have a large visual impact and can be seen from long distances.  The substantially larger sign causes a visual distraction and could make the intersection unsafe.

 

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

 

            The grade difference is as a result of the applicants changing the grade level.  The conditions are not pre-existing and were created by the owner.

 

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

 

            The area is at a major intersection and is at an entrance into the Town.  There are no approved signs in the area that are close to the size of these signs.  There are no approved signs of this size any where in the town.    Under the current sign By-law no sign variances have been approved.  Staff has dealt with a number of similar requests for larger sign area.  To date, all have amended their designs to comply with the new by-law.

 

Therefore, the Building Department recommends that the sign variances be denied and that the applicant be instructed that the illegal sign is to be removed and brought into conformity with the sign by-law immediately.

 

INTER DEPARTMENTAL IMPLICATIONS:

 

The By-law Enforcement and Licensing Department is responsible for the inspection and enforcement of the Sign By-law, Variance and Sign Variance Undertaking.  Provincial Offences Officer Derrick Andersen issued a Notice of Violation.  The notice outlined the violations, which are currently under legal action. 

 

ATTACHMENTS:

 

Figure 1 - Applicant

Figure 2 – Site and Proposed Sign Locations

Figure 3 - Proposed Sign

Figure 4 - Photographs

 

 

 

 

 

 

 

 

 

___________________________                        ________________________________ 

John Wright,                                                           Jim Baird, M.C.I.P., RPP                          

Director of Building Standards                                Commissioner of Development Services                    

 

 

 

Q:\Building\Data\Signvari\Corner of Steeles and Markham Road.doc (and in Amanda under permit 01-112130)

FIGURE 1 - Applicant

 

APPLICANT:              Cory Leibel

                                    11 Headdon Gate

                                    Richmond Hill, ON

                                    L4C 9W9

 

 

FIGURE 2 – Site and Proposed Sign Locations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIGURE 3 - Proposed Signs

 

 

 

 

 

 

 

 

 

 

FIGURE 4 – Photographs

 

Photo 1:  From Steeles Ave East and Markham Road looking north

 

Photo 2:  Human Perspective of the signs approximately 6’ man

standing beside signs

 

Photo 3:  Rear construction of the sign