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Home My WebLink AboutPSD-022-03 , C!MilJgtoo REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 24, 2003 Report #: PSD-022-03 707 File #: S 2003-001 (;f#-106-03 By-law #: Subject: SIGN BY-LAW MINOR VARIANCE APPLICATION APPLICANT: KEN BRUCE, ATLANTIC SIGNS ON BEHALF OF THE BULK BARN - 2379 HIGHWAY 2, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-03 be received; 2. THAT the sign by-law minor variance application submitted by Mr. Ken Bruce of Atlantic Signs on behalf of the Bulk Barn to permit a 12.0 square metre wall sign be DENIED; 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. . Reviewed by: J (~-::...~ Franklin Wu, Chief Administrative Officer David J. Crome, MCIP, R.P.P. Director of Planning Services AR*L T*DJC*sn February 18, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1 C 3A6 T 905-623-3379 F 905-623-0830 . 641 REPORT NO.: PSD-022-03 PAGE 2 1.0 LEGISLATION 1.1 Section 207, Subsection 146 of the Municipal Act allows Council to authorize minor variances to the Sign By-law if, in the opinion of Council, the general intent and purpose of the by-law is maintained. 2.0 BACKGROUND AND PROPOSED AMENDMENT 2.1 On February 4, 2003, the Planning Services Department received an application for a minor variance to the Sign By-law submitted by Ken Bruce of Atlantic Signs on behalf of the Bulk Barn. The minor variance is a request to increase the permitted size of an identification sign from 8.4 square metres to 12.0 square metres. 2.2 The subject property is located at 2379 Highway 2, the Clarington Centre shopping plaza. Furthermore it is described as being within Part Lot 16, Concession 1 in the former Town of Bowmanville (see Attachment 1). An LCBO outlet is located immediately to the west and A Buck Or Two to the east. The signs for each adjacent store comply with the Municipality's Sign By-law. 2.2 The Sign By-law currently permits one wall, window or canopy sign for each business within a multiple business site. The maximum size is 3.75 square metres, or 10% of the wall or window area, whichever is greater. In this case, the sign area measures 12.0 square metres. The display surface measures 18.1 square metres. Based on the wall area for the Bulk Barn, the maximum permitted sign area would be 8.4 square metres and the maximum permitted display surface would be 12.6 square metres. The applicant is requesting a variance to permit a sign with a wall coverage percentage of 14%. The sign at 12 square metres is approximately 43% larger than the 8.4 square metres permitted by the by-law. 2.3 Section 5.1.2 of Sign By-law 97-157 states that, at his discretion, the Director of Planning Services "has the authority to make minor exceptions without amendment to this by-law in situations of extenuating circumstances. These exceptions shall be only for the size and height of a sign and shall not exceed 10% of the permissible size or height as described by this by-law". The sign exceeds the permissible size and must be dealt with by Council. 642 , REPORT NO.: PSD-022-03 PAGE 3 2.4 The intent of the Sign By-law is to govern signage through type, number and size. This plaza, as approved through the site plan process, was reviewed to ensure conformity with urban design guidelines that were prepared for this area. A goal with regard to signage was to maintain consistency throughout the plaza for signage in terms of size, type and location on the building. 2.5 The portion of the plaza where the Bulk Barn is located does not have a designated sign box. There is an area on the stucco face of the building that is being used by the various tenants for signs. This stuccoed area has three horizontal panels (See Attachment 2). The Bulk Barn's installed sign extends beyond the middle panel into the top panel. 2.6 Both units on either side of the Bulk Barn have erected smaller signs on this stuccoed face. Each is contained within the middle panel only. A Buck Or Two occupies the unit to the east and has a sign box although no signage is located within it at this time. The LCBO outlet to the west has one 4.7 square metre wall sign, which is smaller than the by-law allows, and 2 canopy signs. These signs are in conformity with the Sign By-law requirements (See Attachment 2). 2.7 In 1997, the LCBO requested a Sign By-law amendment to allow the location of 2 signs on the tower. Locating the signs on the tower and increasing the permitted number from one to two signs was not approved. 3.0 STAFF COMMENTS 3.1 In July 2002, the applicant contacted staff for the requirements of an identification sign. The applicant was advised the sign, as proposed, was too large and did not meet the sign by-law requirements. It could only be permitted by amendment to the Sign By-law. The applicant was provided the relevant information for the submission of an application for amendment to the Sign By-law. Shortly thereafter, a sign was erected without a permit. 3.2 The Municipality's By-law Division investigated and requested a sign permit be obtained for the signage installed. A Bulk Barn representative forwarded a sign permit application 643 REPORT NO.: PSD.022.03 PAGE 4 in January 2003. The dimensions of the sign contained in the application exceeded the permissible size by eight percent (8%). The applicant was advised that as the sign size was smaller than originally discussed in July, under the provision of the By-law, the Director of Planning Services has the authority to make minor exceptions in situations of extenuating circumstances. These exceptions as noted in paragraph 2.3 of this report shall only be for the size and height of a sign and shall not exceed 10% of the permissible size or height as contained in the by- law. Application for minor variance was required. However, upon submitting the minor variance application, the drawings received did not reflect the dimensions contained in the sign permit application but reflected the size originally proposed in July. As the sign exceeded the ten percent (10%) exemption allowable, the Director of Planning Services could not approve the variance. 3.3 It is the applicant's opinion that the larger sign is necessary for visibility from Highway 2. Staff notes that the travelled portion of the road is approximately 200 metres from the sign location, but sight lines to the sign are unobstructed. The applicant advised that the original idea had been to paint the stuccoed surface behind the sign in the yellow associated with the franchise and then to mount the lettering only. Valiant Property Management, the owner of the property, was not willing to permit the wall to be painted. Staff note that this would not have affected the permitted sign area dimensions, as sign area is measured by the smallest rectangle that can be drawn around the lettering, numbering or symbols on the sign. The applicant also argued the sign under consideration has received the approval of the property owner. 3.4 Staff does hot support an increase in size to permit a 12.0 square metre wall sign in this location for the following reasons: · The variance requested is not minor and is not desirable for the area. · The necessity for a larger sign has not been demonstrated. · The sign is not desirable, consistent, or in keeping with other signs within the same shopping plaza. 644 REPORT NO.: PSD.022.03 PAGE 5 3.5 With respect to the issue of visibility, it is staff opinion the sign size permitted by the Sign By-law is sufficient to properly identify the retail name. This is further demonstrated by the signs adjacent to the Bulk Barn, as shown in Attachment 2, which comply with the by-law. The applicant has the opportunity to approach the property owner to request the inclusion of a Bulk Barn sign on the pylon sign located along the Highway 2 frontage. 4.0 CONCLUSIONS 4.1 It is respectfully recommended that the requested Sign By-law minor variance to permit a 12.0 square metre wall sign be denied. Attachments: Attachment 1- Key Map Attachment 2 - Proposed Wall Sign Interested parties to be advised of Council's decision: Ken Bruce Atlantic Signs 917 Fairville Boulevard PO Box 2324 Saint John, NB E2L 3V6 Debbie Clark Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 645 ATTACHMEINT 1 ~~ OOEO ::::::::::::", CINEF THEAl ~ C:::J ~ ~ARIO I == I ~ ~ t- p ~ RE AURANT ] 0 C LOBLAWS er- e:( ~ -S 0 ..0 J::J ~ I:t:: =-= W cr- = =~cr- z 1 w W I:t:: C) } I CAN! ZELLERS ~ wrr SBA 2003-001 Sign By-law Application ATTACHMENT 2 ,., _JL-l /~ . ~ 641 ATTACHMENT 2 n,., "; I ._ J.._.,.( .~ . . 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