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HomeMy WebLinkAboutPSD-112-08 Gloria���!i/'n Leading the Way V REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 11 �/ Date: Monday, November 3, 2008 Q`o©`u�i� �eo^bra -©O Report#: PSD-112-08 File #: SVA 2008-002 By-law #: Subject: MINOR VARIANCE TO SIGN BY-LAW 97-157 APPLICANT: DR. AMIT SHARDA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-08 be received; 2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 97-157, submitted by Dr. Amit Sharda, to permit a reduction in the minimum required setback from a road allowance from 1 metre to .25 metres for a ground sign and a temporary sign, and to permit a window sign for each business, be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: � � Da Id rome, M:C.LP., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer I L/FL/CP/df 24 October 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-112-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Dr. Amit Sharda 1.2 Proposal: To vary the Sign By-law 97-157 to permit a reduction in the 1 metre minimum required setback from a road allowance to .25 metres to accommodate a permanent ground sign and a temporary sign 1.3 Location: 161 King Street East, Bowmanville 2.0 BACKGROUND AND PROPOSED VARIANCE 2.1 Dr. Amit Sharda operates a multi disciplinary health center specializing in spinal disorders. The clinic is a stand-alone building on the south side of King Street East in Bowmanville (Attachment 1). Two businesses, Health Works, and Low Back Clinic Inc. operate from the site. A number of independent health professionals such as massage therapists, reflexologists, etc., also have office space in the building. On September 21St, 2007 the Municipal By-law Enforcement Division received a complaint in regards to a ground identification sign located on the property. Municipal staff conducted an investigation and notified Dr. Sharda on October 19th, 2007 that the ground identification sign was located within the road allowance and was in contravention of the Municipality's Road Occupancy By-law 83-57. Dr. Sharda was asked to remove the sign from the road allowance and to restore the road allowance to its original condition. The ground identification sign has been removed from the property as well as the northerly pole which supported the sign. As of the writing of this report the south pole remains in the road allowance. Dr. Sharda has confirmed that he has hired a contractor to remove the remaining pole which should be completed within one week. Staff have met with Dr. Sharda several times to identify a suitable location for a replacement ground identification sign. Dr, Sharda has indicated that he would also like to obtain permission for a temporary sign. The driveway entrance to this property is on the east side of the building. The driveway for the property to the west, Bev's Flowers, is immediately adjacent to the west boundary of the Sharda property. These two driveways have sight visibility triangles which must be kept clear of anything which might impede vision. A survey has been prepared which shows the location of the sight visibility triangles as well as the 1 metre minimum setback from the King Street East road allowance (Attachment 2). The proposed ground identification sign is to be vertical. The proposed temporary sign will be horizontal. The most suitable place for a vertical ground identification sign is to the west of the main entrance and the most suitable place for a horizontal temporary sign is to the east of the main entrance. These locations have been chosen based on the existing front yard setbacks which are narrower on the west end and wider on the REPORT NO.: PSD-112-08 PAGE 3 east end. Attachment 2 shows the location of these proposed signs, the front yard setbacks, and the minor variance setback of .25 metres, as requested. The photograph below shows the existing signs on the north fagade of the building. The canopy sign is a business identification sign advertising the two businesses in the building, Low Back Clinic Inc. and Health Works. The two windows advertise the services offered by these businesses. These window signs are considered to be businesses identification signs. Sign By-law 97-157 permits each business on a multiple business site to have either a canopy sign, a window sign or a wall sign. As the canopy sign identifies the two businesses, and the windows signs advertise the services these businesses offer, a minor variance is requested to permit the additional two windows signs. The size of the canopy signs and the window signs both comply with the size regulations within By-law 97-157. r i 2.2 Siqn By-law Provisions Multiple business sites are permitted one ground or pylon sign per site and it must be a group identification sign. One wall, window or canopy sign is also permitted per business. Temporary signs, such as mobile or A-frame signs are also permitted. Any signs that may impede vision are not permitted within the sight visibility triangle and all signs are to maintain a 1 metre setback from the road allowance. The maximum size of a window sign is 10 % of the wall area and the maximum size of a canopy sign is 20% of the wall area. 2.3 Applicant's Rationale The applicant has stated that the businesses operating from the building require increased visibility for the traffic traveling east and west along King Street East. The existing canopy and window signs are on the north side of the building and are not easily viewed by motor vehicle traffic as the building is located close to the street. A ground identification sign which is located perpendicular to the building would allow motor vehicle traffic to identify the businesses at this location. t REPORT NO.: PSD-112-08 PAGE 4 The applicant is also requesting a temporary sign in order to advertise the specials and services offered in the building on periodic occasions. The temporary sign is also proposed to be located perpendicular to the building for ease of visibility. The applicant's window signs specifically identify the services offered in the facility which are not commonly available by similar chiropractic/health centres. I -ns �A� �TnYrII i„} d View traveling east x View traveling west 3.0 STAFF COMMENTS 3.1 The subject property is located on the south side of King Street East between Brown Street and Liberty Street. The building was originally a house and is setback at an angle from the King Street East road allowance. The front yard setback ranges from 1.49 metres at the west end to 2.29 metres at the east end. The main entrance to the building is at the center of the structure. REPORT NO.: PSD-112-08 PAGE 5 There is currently one canopy sign above the main entrance which advertises two of the businesses operating from the property, Health Works and Low Back Clinic Inc. There are two window signs, one advertising the types of services offered by the various practitioners operating from the clinic and one advertising Dr. Sharda's chiropractic services and himself as the clinic director. These existing signs exceed the number of identification signs permitted under Sign By-law 97-157. The applicant is proposing a .25 metre setback from the road ,allowance versus the 1 metre setback required in the Sign By-law. As this is an older building located in the downtown core of Bowmanville where the majority of buildings have very small, if any, front yard setback, it is difficult for businesses to install ground signs which can maintain the 1 metre minimum setback requirement. The proposed signs are not located in the sight visibility triangles of the two driveways and the proposed setback of .25 metres from the road allowance will not impede vision for motorists. The applicant is of the opinion that the addition of the two window signs specifically advertise the specialized services offered in the clinic that the public would not be aware of by reading the canopy signs and that these additional signs are required in order to attract patients. Sign permits have not yet been obtained for the existing signs on the property. The applicant will present a design for the proposed ground sign and temporary sign and will apply for a sign permit for all signs pending Council's approval of this application. Should council not approve the application the window signs should be removed. 4.0 CONCLUSION 4.1 It is staffs opinion that the application can be approved as both the proposed ground identification sign and the temporary sign will not impede vision, and the size of the two window signs comply with the existing size regulations. It is respectfully recommended that the minor variance to the municipal Sign By-law 97-157 to permit a reduction in the setback from a road allowance from 1 metre to .25 metres and to permit two windows signs be APPROVED. Attachments: Attachment 1 - Key map Attachment 2 - Survey Interested parties to be notified of Council's decision: Dr. Amit Sharda Attachment 1 To Report PSD-112-08 LOT 11 v Ce 1 7, cod 3 28 2p 76, �° 8 h�b 26 °cb 71 24 7 22 7D ti F ^� W uJ 9 39 ° F,9 h 161 KING STREET EAST n`� a� 10 m r COO J 0 0a �y C) -ry 00 rb Q O PP 8� r �, 8d 8y yy 3 ° h cb 8 113 h CO M c M N N 32 E. a 12 0 1g Ah, Aly v M N w N 1 A �Q Q8 N N YZ 8.\ y1 38 118 O �(G,� 42 9 82 8y P-A��� y3 46 8 �N y2 y1 Z Property Location Map (Bowmanville) V-' w Area Subject To Sign Variance Application F s 161 King Street East SVA 2008-0002 ( Attachment 2 To mR, 75vzoe 6 , ( tea : } � - 4 4 F- \ t §\/ (L > M U)@ > — z . ` \ \�}� < — q o \ § q & § \ ^ & ! m E \ §k ) I k ± %) � k of s 2 \ � I � Emz - ] §§ § I * || . ; I ■ I >_ / ( /0 I O %« w e k 9 ° ! � � ~ � / �~ . f §§k mk qƒ ` > ` \ ƒ § §