Report to: Development Services Committee Report Date: November 18, 2008

SUBJECT: Ground Sign Variance

Steel Art Signs Corp

TACC Developments

Medical/Office Building (Box Grove)

110 Copper Creek Drive

Application No. 08-113131 003 00 SP

PREPARED BY: Stephen Corr, Zoning Examiner

RECOMMENDATION:

THAT the ground sign variances, application number 08-113131 003 00 SP, submitted by Steel Art Signs Corp BE DENIED;

AND THAT a sign variance, for a small sign as proposed by Staff, with a maximum height of 7.32 metres and a sign face area of 6.0 square metres BE APPROVED.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

BACKGROUND:

The subject property is located south of Highway 407 and east of 9^th Line on the north side of Copper Creek Drive and is zoned BP*229 – Business Park under by-law 177-96, as amended. The 0.87 hectare (2.14 acres) property is an irregular shaped lot and has a lot frontage of 7.25 metres along Copper Creek Drive. The property comprises a four-storey medical/office building which is currently under construction. The applicant is seeking permission to erect a larger ground sign that would have a total sign face area and height equivalent to that permitted for a multi-tenant retail shopping centre, on lots greater than 4.0 hectares (10 acres).

Staff met with the Applicant and Property Owner to discuss their application and potential options. It is the opinion of staff that a variance to the sign by-law could be supported to permit signage in line with other office developments. Permitting a lesser variance would be consistent in applying the sign by-law to commercial properties having a normal lot frontage of 20.0 m.

The sign by-law requirements, Applicants Proposal and Staff Supported Variance are outlined in the Table below:

Sign By-law

Requirements

Applicant’s Proposal

Staff Supported Variance

The maximum ground sign area on lots with a frontage of 20.0 metres or less is 4.0 square metres

A ground sign with a sign face area of 14.86 square metres

A ground sign with a sign face area of 6.0 square metres

The maximum height of a ground sign on lots with a frontage of 20.0 metres or less is 4.0 metres

A ground sign with a height of 7.32 metres

A ground sign with a height of 7.32 metres

OPTIONS/ DISCUSSION:

The Town of Markham Sign By-law 2004-94 indicates that when considering an application for a sign 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 the irregular shaped lot presents a special circumstance applying to the land subject to this application. As evident in the Site Plan illustrated in Figure 2, the property has a street frontage of only 7.25 m adjacent to Copper Creek Drive. This portion of the property abutting Copper Creek Drive serves as the driveway which extends northwards from the street to access the office building and associated parking area. The width of lot which does not abut the street is 79.2 metres. As the street frontage is based on the driveway width only, the maximum height and sign face area permitted under the sign by-law are limited due to the frontage being less than 20.0 metres. The maximum size of permitted ground signs on such lots is 4.0 metres in height and 4.0 square metres in sign face area.

When a lot has a lot frontage greater than 20.0 m, the maximum permitted height of a ground sign is 7.5 metres and the maximum permitted sign face area is 6.0 square metres. Due to this special circumstance concerning the lot frontage and irregular shaped lot, staff is supportive of a variance to permit a ground sign that complies with the provisions pertaining to lots having a frontage greater than 20.0 metres. This would be consistent in applying the by-law provisions to any office building on a similar sized lot within in a commercial zone.

Staff met with the Applicant and Property Owner to discuss their application and that Staff would support a variance for a slightly enlarged sign. However, both the Applicant and Property Owner have expressed an interest in proceeding with the application as applied for and are proposing a ground sign with a height of 7.32 metres and sign face area of 14.86 square metres, as shown in Figure 3. This sign is consistent with what would only be permitted on a property containing a multi-tenant retail shopping centre and on a lot that is greater than 4.0 hectares in area. Since this property is not zoned to permit retail uses and the property size is significantly smaller in area; it is the opinion of Staff that the proposal for a sign with a height of 7.32 m and sign face are of 14.86 square metres is not essential to provide street level advertising for the medical/office building. Notwithstanding the irregular lot shape and reduced frontage described above, the applicant has not demonstrated that there are any other special circumstances or conditions applying to the lands that would necessitate a ground sign with a height of 7.32 m and sign face area of 14.86 square metres.

b) Whether strict application of the provisions of this By-law in 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 maximum height and sign face area of ground signs permitted for commercial office buildings is sufficient to suit the needs of the Applicant and future tenants. The building can accommodate wall signs in compliance with the sign by-law which would offer additional exposure, as well as provide a full listing of all tenants within the building.

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 this variance will alter the essential character of the area:

The subject property is located south of Highway 407, east of 9^th Line, on the north side of Copper Creek Drive. Its proximity to a Provincial Highway and a York Region Arterial road offers the public reasonable and appropriate means to locate and access this medical/office building. Similarly, this 4-storey medical office building is situated within an area comprising one-storey commercial retail buildings and 2-storey dwellings and therefore can identified relatively easy without the need of having an larger ground sign fronting the property.

Therefore the building department recommends that the application for a variance for a ground sign measuring 7.32 metres in height and 14.86 square metres in sign face area be denied; and that a variance for a ground sign of 7.32 m in height and 6.0 square metres be approved.

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, M.C.I.P, R.P.P

Director of Building Standards Commissioner, Development

ATTACHMENTS:

Figure 1 – Applicant and Property Owner

Figure 2 – Site Plan

Figure 3 – Proposed Ground Sign

Figure 4 – Site Photographs

File path: Amanda\File 08 113131\Documents\Recommendation Report

Applicant Information: Denis Richard

Steel Art Signs Corp.

37 Esna Park Drive

Markham, Ontario

Property Owner Information: Tom Lucas

Manager Commercial Properties

TACC Developments

600 Applewood Cres

Figure – 2 Site Plan

Figure – 3 Proposed Ground Sign

Figure – 4 Site Photographs

East View along Copper Creek Drive and Proposed Sign Location

North View along Copper Creek Drive and Proposed Sign Location