Report to: Mayor and Members of Council Report Date: October 16, 2007

SUBJECT: Sign Variance 5995 Major Mackenzie Drive

PREPARED BY: Brad Roberts, Zoning Examiner, 2800

RECOMMENDATION:

THAT the ground sign variance, application # 07 115067, submitted by Cranford Developments Lt., BE DENIED.

EXECUTIVE SUMMARY:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

Sign Variance

BACKGROUND:

The subject property is located at the southwest corner of Highway 48 and Major Mackenzie Drive, in an AC1-Automotive Commercial One, MJC-Major Commercial, and OS1-Open Space One zone, under By-law 177-96, as amended. The property contains an Esso gas bar, convenience store, and car wash. There is also a Tim Hortons and Wendy’s restaurant located in another building on the lot.

The applicant is seeking permission to erect a second ground sign along the Highway 48 frontage, whereas the sign by-law permits a maximum of one ground sign per street frontage. A permit has also been issued for a ground sign, located along the Major Mackenzie Street frontage. No signs have been erected as of September 5, 2007.

Sign By-law Requirements

Sign By-Law Section and Requirements	Applicant’s Proposal	Required Variance
(1) Section 5.3.9. A maximum of one ground sign is permitted per street frontage.	Two ground signs along the Highway 48 frontage, in addition to one along Major Mackenzie Drive.	To permit two ground signs along the Highway 48 frontage.

In October 2005, Council endorsed the recommendations of the Highway 48 Urban Design Study.  This study outlines a vision for the section of Highway 48 from 16^th Avenue to Major Mackenzie Drive as a pedestrian-friendly main street lined with street oriented commercial and mixed-use (commercial-residential) developments. 

The proposed 6 metre high sign would be located approximately 100 metres north of the location of the approved ground sign along the Highway 48 street frontage, and would be located approximately 50 metres south east of the location of the approved ground sign on the Major Mackenzie street frontage. Among other recommendations, the “Sign Location and Expression of Corporate Identity” provisions within the study recommends that all self-standing signs should be shared among tenants and have a minimum separation of at least 100 metres from other self-standing signs. The proposed sign is not consistent with the recommendations of the study

The study also recommends a maximum sign height of 3 metres to maintain a pedestrian scale to the signage. The existing sign by-law permits signage in excess of 3 metres, and the issued permits were for signs in excess of 3 metres. Though the proposed sign exceeds the recommended height, it would be consistent with the height of the other signs on the property.

Though the planned vision for this street has not yet been implemented within the sign by-law, consideration should be given to this study when evaluating the merits of the variance application.

OPTIONS/ DISCUSSION:

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 there are no special conditions or circumstances present on this site. The subject property is located at the intersection of two major streets and the buildings are clearly visible from both directions. The Esso station has already been issued nineteen (19) signs, including wall and canopy signs along the façade of the building, and the Tim Hortons and Wendy’s has been issued sixteen (16) other signs including wall signs along the Highway 48 frontage.

The applicant is suggesting that if the properties were severed the additional ground sign would be permitted under the sign By-law. However the purpose and intent of the By-law is to regulate signs in the Town of Markham with the intent of authorizing signs that are appropriate in size and number to the type of activity or use to which they pertain, and in this case, the overall visibility and approved signage is felt to be appropriate. The two signs permitted by the by-law could accommodate the Esso, Tim Hortons and Wendy’s messaging without the need for a third independent ground sign. The applicant has not demonstrated that there are any special circumstances or conditions applying to the lands that would necessitate an additional sign.

Therefore staff feel additional signage is not required.

(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:

As noted above, it is the opinion of staff that the amount of signage permitted under the by-law is adequate to suit the needs of the applicant and the tenants. The building can accommodate signs on the north and south elevations in compliance with the by-law that will offer more exposure without having to erect a second ground sign on Highway 48.

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

There are no pre-existing circumstances or conditions that would support the approval of this variance.

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

The site is located at the intersection of Highway 48 and Major Mackenzie Drive (Provincial Highway and Region of York arterial road). These two major streets will allow the public reasonable and appropriate means to locate and identify both services without difficulty and confusion and this can be done without the need of an additional sign.

Since the adoption of the current sign by-law in 2002, one variance has been granted on a corner lot (Markham Road and Dennison Ave.) to permit a second ground sign on a street frontage where only one was permitted. Approval was granted on the condition that no ground sign would be located on the second street frontage, and that no ground sign would be placed on the adjacent property along the same frontage as the proposed signage. The adjacent property was held in the same ownership as the property on which the variance was granted. There have been no other sign variances in Markham to permit additional signs and an approval of this type of variance would encourage and set a precedent for this situation to occur throughout the Town.

Several examples can be found throughout the Town where multiple buildings are located on a single lot with businesses who rely heavily on drive by traffic. These businesses have succeeded with their signage accommodated on a single ground sign per frontage. Some examples of these businesses include the McDonalds on the northeast corner of Highway 7 and Warden Avenue and the Tim Hortons at the northeast corner of 16^th Avenue and Woodbine Avenue. Even though a severance could create lots for these individual buildings, the present restrictions prevent multiple ground signs along those frontages.

Therefore the Building Department recommends that the ground sign variance be denied.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The By-law Enforcement and Licensing Department is responsible for the inspection and enforcement of the Sign By-law.

RECOMMENDED

BY: ________________________ ________________________

John Wright, Jim Baird,

Director of Commissioner of

Building Standards Development Services

ATTACHMENTS:

Figure 1 - Applicant and Owner

Figure 2 – Site Location

Figure 3 - Proposed Ground Sign

Figure 4 - Photographs

FIGURE 1 - Applicant

David Johnston

8 Maple Lane

Unionville, ON

L3R 1R2

Owner

Cranford Developments Ltd.

139 Main Street

Unionville, ON

L3R 2G6

FIGURE 2 – Site Location

Existing Esso Sign

Proposed Esso Sign

Existing Tim Hortons/Wendy’s Sign

FIGURE 3 – Proposed sign

FIGURE 4 – Photographs

Facing north on Markham Road

Facing west on Markham Road

Facing west on Markham Road