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HomeMy WebLinkAboutPSD-008-10ClarJington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND AnDMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Ike sx ~~ro N '~ ~Pg - 6 t ~~ ~ U Report #: PSD-008-10 File #: SVA 2009-0001 By-law #: Subject: MINOR VARIANCE TO SIGN BY-LAW 2009-123 APPLICANT: ROBIN JEFFREY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-008-10 be received; 2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 2009-123, submitted by Robin Jeffrey, to permit a reduction in the minimum required setback from the road allowance from 1 metre to 0 metres and an increase in maximum permitted sign area from 1.5 mZ to 2.7 m2 for a ground sign be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ~. ~ _ ,e ~, Submitted by: Reviewed bye 1~/`'-~~ `~-~ w Da d . Crome, MCIP, RPP ranklin Wu Director, Planning Services Chief Administrative Officer MH/CP/df December 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-008-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Dr. Robin Jeffrey 1.2 Location: Part Lot 12, Concession 1, former Town of Bowmanville 183 Church Street, Bowmanville (see Attachment 1). 1.3 Proposal: To permit a reduction in required setback from the road allowance, from 1 metre to 0 metres and to permit an increase in maximum permitted sign area from 1.5 m2 to 2.7 m2. 2.0 BACKGROUND AND PROPOSED VARIANCE 2.1 The subject property is located at 183 Church Street, just west of Silver Street in Bowmanville. The existing building is currently being used for a chiropractic clinic by Dr. Robin Jeffrey. Site plan approval was granted on June 12, 2003 for the chiropractic use of the building and site. A ground identification sign was installed on the property by the applicant following site plan approval. A sign permit application was not submitted by the applicant at that time, and therefore was never issued. 2.2 In response to a complaint, on February 19, 2009, a letter was sent to the applicant from the Municipality advising that a sign permit for the existing sign was required. 2.3 An application for minor variance to Sign By-law 97-157 was submitted on May 29, 2009. Upon further review, it was discovered that the measurements provided by the applicant as part of their submission for minor variance were in fact measured from the sidewalk, and not from the front yard property line. The applicant resubmitted a site plan drawing to show that the sign was at a 0 metre setback on October 2, 2009. 2.4 A site inspection conducted by Planning and By-law Enforcement on October 13, 2009 revealed that the existing sign is located partially within the road allowance. The applicant was informed that the sign would have to be moved regardless of the approval of a sign variance. The applicant informed staff that they were unwilling to move the sign and requested that their application for minor variance to Sign By-law 97-157 not move forward. 2.5 After receiving a further letter from By-law Enforcement, the applicant informed Planning staff on December 8, 2009 that they were willing to move the sign out of the road allowance by December 22, 2009 and would like to move forward with the application for a minor variance to the Sign By-law. REPORT NO.: PSD-008-1b PAGE 3 2.6 Anew Sign By-law was passed by Council in September, 2009, and came into effect on January 1, 2010. The proposed application will therefore now be a variance to Sign By-law 2009-123, and will be reviewed accordingly. Sign By-law 2009-123 has revised regulations concerning sign area for ground signs within Heritage Resource Areas (HRA). Although the existing sign met the regulations. of Sign By-law 97-157 regarding sign area, without having a permit issued under the old Sign By-law, the existing sign is required to comply with the new Sign By- law regulations, or receive approval for a minor variance to Sign By-law 2009- 123, before a sign permit can be issued by Staff. 3.0 SIGN BY-LAW PROVISIONS 3.1 The subject property is located within the HRA as identified within Sign By-law 2009-123. Properties within the HRA are permitted one (1) ground sign. All ground signs are required to be located a minimum 1 metre from a road allowance. The existing sign does not meet the minimum. required 1 metre setback. 3.2 Aground sign within. the HRA is .permitted to have a maximum total sign area of 1.5 m2; the existing sign has a total area of 2.7 m2 and therefore does not meet the maximum permitted sign area for a ground sign within an HRA. 4.0 APPLICANT'S RATIiONALE 4.1 The applicant suggests that the sign must be located in front of the existing veranda with a 0 metre setback from the property line in order for the sign to be visible to those passing by. If the sign is to be located a minimum 1 metre from the road allowance, the sign would be hidden by the building and will no longer be fully visible to those driving east along Church Street. 4.2 When the sign was first installed on the property, both the applicant and the sign company who installed the sign believed that the location they chose met the Sign By-law requirements. Unfortunately, measurements were taken from an incorrect location, outside the limits of the property, thereby placing the sign at a 0 metre setback to the property line and partially within the road allowance. 4.3 The area of the existing sign meets the old requirements of Sign By-law 97-157. However, the newly approved Sign By-law 2009-123 which came into effect January 1, 2010, has reduced the maximum permitted sign area of a ground sign within an HRA from 3.5 mZ to 1.5 m?. The approval of a minor variance will allow the applicant to preserve the existing sign rather than install a new sign or amend the existing sign to meet the new Sign By-law regulations. REPORT NO.: PSD-008-10 5.0 STAFF COMMENTS PAGE 4 5.1 A site inspection was held on October 13, 2009 to document the existing location of the sign, and to verify that the measurements provided to staff were accurate. (See photos below). The site inspection revealed that the existing sign is in fact located approximately 0.17 metres (7 inches) within the road allowance. . 853 REPORT NO.: PSD-008-10 PAGE 5 5.2 Many of the existing buildings (residential and/or commercial) along Church Street are located close to the road allowance. Being that the subject property and the surrounding neighbourhood are within an older part of Clarington, many of the buildings that exist today were built prior to the passing of any Zoning By- law which would have regulated minimum front yard setbacks. This has resulted in a shallow front yard, and very minimal space for the location of a ground sign on the subject property. 5.3 If the application is approved to permit the sign to be located at a 0 metre setback to the road allowance, there will remain an approximate 1.2 metre separation between the edge of the sidewalk and the closest sign post. In addition, the proposed location of the sign will be a minimum 3 metres from the nearest drive aisle (located on the adjacent property to the east) and therefore is not within a required sight visibility triangle. The approval of a 0 metre setback for a ground sign on the subject property will not impede vision of vehicular traffic entering or exiting the adjacent property, and will not become a safety hazard for pedestrians and cyclists traveling the sidewalk. 5.4 The existing sign was designed to meet the regulations of Sign By-law 97-157 for maximum permitted sign area, as well as to fit in with the historic nature of the subject property and surrounding neighbourhood. The existing sign meets the regulations of Section 8.20 of Sign By-law 2009-123 for signs within an HRA. The sign is built with painted wood, having black posts a dark green display surface and white text. The sign also includes the address of the subject property. The sign is sympathetic and compatible with the surrounding area, and an increase in sign area from 1.5 m2 to 2.7 m2 to permit the existing ground sign to remain will not detract from the historic nature of the building or the surrounding neighbourhood. 6.0 RECOMMENDATION 6.1 It is Staffs opinion that the application be approved as the proposed ground sign, in its proposed location, will not impede vision or become a safety hazard. In addition, the proposed increase in sign area will not detract from the heritage nature or value of the surrounding area and will have no negative impact on the existing character of the neighbourhood. It is respectfully recommended that the minor variance to Sign By-law 2009-123, to permit an existing ground sign by reducing the minimum required setback from the road allowance from 1 metre to 0 metres, and by increasing the maximum permitted sign area from 1.5 mZ to 2.7 m2, be APPROVED. REPORT NO.: PSD-008-10 PAGE 6 Staff Contact: Meaghan Harrington Attachments: Attachment 1 -Site Location Key Map Attachment 2 -Proposed Sign Location List of interested parties to be advised of Council's decision: Robin Jeffrey Attachment 1 To Report PSD-008-10 ~~~ ~~ 171 az ao 38 82 65 60 63 30I ~29~ 183 Church Street m ~- 0 19 I 12 0 ,, a~ h ~~~ ~ o ~ ~i a a`' i I pp yy N O ~ O i ~ ~ T ~. NW CONCESSION STREET WEST a 0~ ,` 3y Ry ~ P M9 ?s U'\ ?~ ~s ~, ti~ ,yo ^6 r Z O N W U Z U '1/ Cha ~ ti h ~ `S'T,Q Property Location Map (Bowmanville) N Area Subject To Sign Variance Application - 183 Church Street, Bowmanville SVA 2009-0001 ~~~ ~~ST ~o ~~ y~~ ss 4j - ~ ~ Attachment 2 - -,~ To Report PSD-008-10 z ,. _' ~ - ;-.- va ~~ r sn FRAM =~~ - GARAGE ~'• 43 ~ ' Nl9°~~ ~j s o - - 3760 I ~I~ . ~ a. sr' z ~ ~~ ~ ~ ro . ~ I 1 ~ ~ ~ ~ ~ ~ ~ ~ a f"' ~ O A ~ . ~ ... ~ { ~ ~ _ ~ ~ s ~~,- - ~ ~~ l4.~2~ p v M f~ ~ ,s ~ > _ ~~A V.. ~ O!~ m 1 ~ ~ ~, ~ ,~ r ` ~ ~c - ~ ~ ~ ~ STY COiVC. 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