Report to: Development Services Committee Report Date:
SUBJECT: Billboard
Sign Variance
CBS
Outdoor Canada – Stephen McGregor
York
Farmer’s Market Ltd.
Application No. 09-116728 00 SP
PREPARED BY: Greg Nelson, Zoning Examiner
RECOMMENDATION:
THAT billboard sign
variance a
And that staff
be authorized and directed to do all things necessary to give effect to this
resolution.
BACKGROUND:
The property is located on the east side of Yonge Street and south of Elgin
Street
The subject property is zoned HC1
– Highway Commercial under By-law 2237, as amended. The 1.3 acre property has a 238 foot street frontage
abutting
The property has an existing
ground sign and wall signage advertising the
Previous sign variance denied for additional billboard
In 2001 the
OPTIONS/ DISCUSSION:
The existing non-conforming billboard
sign has been in the same location on the subject property for decades and does
not comply with the applicable Billboard Sign By-law provisions. The Sign By-law Section 5.7.1 permits a
maximum 10 billboard signs within the Town of
Permitted
|
Existing billboard location
|
10 Billboards
|
10 currently exist within the Town of
|
|
One (1) existing non-conforming billboard
on subject lands
|
|
6.0 metres from streetline, 8.0
metres from boundary with adjacent lot |
Approx. 13 .0 metres from
streetline and 0.9 metres from adjacent lot
(not in compliance with adjacent lot setback) |
75 m minimum frontage
|
72.5 metres
(Not in compliance)
|
100m from any residential zone
|
0.9 metres (not in compliance)
|
400 m from any other billboard
|
400 metres+
|
A “Billboard Sign” is defined as:-
“Billboard Sign” means an
outdoor sign erected and maintained by a person, firm, corporation, or business
engaged in the sale or rental of the space on the sign to a clientele, upon
which space is displayed copy that advertises goods, products, or services not
necessarily sold or offered on the property where the sign is located, and the
sign is either single faced or doubled faced.
The applicant has been advised by staff that they have the option to replace the existing 10’ x 20’ single face with a new one on the existing steel poles without a sign variance. If they decide to take down the entire sign structure and replace with a new single face monopole billboard they would have to comply with the current billboard setback provisions. The applicant does not consider this an option and wants to remove the existing single faced billboard sign and replace it with a tri-vision billboard sign which displays, at any given time, one of three advertising images. Although the final image does not provide motion, there is still movement due to the transition from one image to another as the cylinders rotate. The proposed tri-vision billboard is considered an animated sign; therefore, prohibited.
An “Animated signs” is defined as:-
“Animated Sign” means a video screen or any kinetic or illusionary
motion of all or any part of a sign and includes rotation of a sign but does
not include an electronic message board.
We have been in contact with Martin
Rendl who prepared the Town’s sign by-law, and he is in agreement with the
Town’s position and interpretation that this is an “Animated sign” and is
prohibited. Not creating a distraction
to both motorists and pedestrians is a main point of the purpose and intent listed
in the Town of
Section 19.5 of the sign by-law states that 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:
(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:
(c) Whether such special
circumstances or conditions are pre-existing and not created by the owner or
applicant:
(d) Whether the sign that is the subject of the variance will alter the essential character of the area.
Staff feels this variance
application does not meet with the specific criteria listed above, and therefore
does not fall within the purpose and intent of the Town of
BUSINESS UNITS CONSULTED AND AFFECTED:
The By-law enforcement and Licensing Department is responsible for the inspection and enforcement of the Sign By-law.
The Urban Design Group has reviewed the sign application and support the recommendation. It is their opinion that the proposed tri-vision billboard sign would create further visual clutter on the street which is not in keeping with the intent of the Town’s sign by-law. Approval of this variance would establish a precedent that would undermine the integrity of the Town’s sign regulation.
RECOMMENDED
BY: ________________________ ________________________
John Wright Jim
Baird, M.C.I.P, R.PP
Director
of Building Standards Commissioner,
Development
Services
ATTACHMENTS:
Figure 1 – Applicant and Property Owner
Figure 2 – Site Plan
Figure 3 – Location Map
Figure 4 – Proposed (Tri-vision) Three Message Billboard Sign
Figure 5 – Site Photographs of existing Billboard Sign
File path: Amanda\File 09 116728\Documents\Recommendation Report
Figure 1
Applicant Information : Stephen McGregor
CBS
Outdoor
M8W 1Z6
Property Owner Information:
L3T 2B4
Figure 2 Site Plan
Figure 3 Location Map
Figure 4 Proposed (Tri-vision) Three-Message Billboard Sign
Figure 5 Site Photographs
View driving south on
View of existing single faced billboard sign on subject property