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HomeMy WebLinkAboutCS 28-05REPORT TO COUNCIL Report Number: CS 28-05 Date: March 24, 2005 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Application for Variance from the Sign By-law Submitted by John Byberg Recommendation: That Report CS 28-05 regarding an application for a variance from the Sign By- law submitted by John Byberg be received. IF COUNCIL WISHES TO RESCIND ITS EARLIER REFUSAL OF THIS APPLICATION AND NOW APPROVE IT, THE FOLLOWING RESOLUTION SHOULD BE PASSED: That Resolution #169/03, Item #1, passed on December 15, 2003 to refuse an application submitted by John Byberg for a variance to the Sign By-law to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road be rescinded. That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south Side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road be approved. Executive Summary: John Byberg has requested Council to again consider his application for a various to the Sign By-law to allow a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road. Report CS 28-05 Application for Variance from Sign By-law March 24, 2005 Page 2 Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of December 15, 2003: That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439~87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE REFUSED. Attached is a copy of Clerk's Report CL 29-03 that Council considered in conjunction with the above resolution. John Byberg addressed Council at its meeting of March 21, 2005 and asked that his application dated November 3, 2003 be reconsidered. As noted in my earlier Report, the following are the facts of this application: · The proposed sign is three metres high and five metres wide and will be mounted three metres above the ground. · The proposed sign will be erected on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road. A map of the location is included in my earlier Report. · Billboard signs are prohibited in agricultural and residential areas. · Billboard signs are defined in the Sign By-law as any sign used to advertise a business, product or service not necessarily found or sold on the premises on which it is located. · The proposed sign is considered a billboard because it is advertising a business that is located in the hamlet of Brooklin. If Council wishes to uphold the refusal of the application, it should just receive this Report. If Council wish to overturn its refusal and approve the application, it should rescind the resolution passed in 2003 to refuse the application and pass a further resolution to approve the application. CORP0227-07/0~, Report CS 28-05 Application for Variance from Sign By-law March 24, 2005 Page 3 Attachments: 1. Clerk's Report CL 29-03 Prepared By: /Bruce Taylor City Clerk Approved I Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachment Copy: Chief Administrative Officer Recom~6~nded f)or fl~e consid~ration of PickeH~g C~'~~,~ ~T.h~ministrabve Officer / CORP0227-07/0! REPORT TO COMMITTEE OF THE WHOLE Report Number: CL 29-03 Date: November 5, 2003 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Application for Variance from the Sign By-law Recommendation: That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE APPROVED. OR That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE REFUSED. Executive Summary: An application for a minor variance from the Sign By-law has been submitted by John Byberg to allow a billboard sign on the south side of Highway #7 in the hamlet of Greenwood. Financial implications: Not applicable Report CL 29-03 ~:"TTACHMEhi°? '~ / ...... ~ . ~ ,~. ...... I© ~,EPOP, T #~_~_-~'~'-November 5, 2003 Application for Variance from the Sign By-law Page 2 Background: Please be advised that John Byberg, as the owner of the Pepperberries Bistro, applied for a permit to erect a billboard sign on the south side of Highway #7, immediately to the west of the east intersection of Highway #7 and Concession 6 Road. The proposed sign is three metres high and five metres wide and will be mounted three metres aboVe the ground. Billboard signs are defined in By-law 2439/87 (Signs) as any sign used to advertise a business, product or service not necessarily found or sold on the premises on which it is located. This sign proposed by John Byberg is considered a billboard because it is advertising a business that is located in the hamlet of Brooklin. Also, billboards are only allowed in commercial, mixed commercial and industrial areas. The Sign By-law specifically prohibits billboards in agricultural and residential areas which is where the sign is purported to be located. Staff are not able to approve this Sign Permit Application because the Sign By-law prohibits billboards in agricultural and residential areas. However, Section 99(5) of the Municipal Act states: The municipality may authorize minor variances from the by-law (sign by- law) if in the opinion of the municipality, the general intent and purpose of the by-law are maintained. I have attached for your information the following documentation: An E-Mail dated November 3, 2003 from John Byberg submitting an application for a variance from the Sign By-law. A copy of the design of the proposed billboard sign showing the message that will be on each side of the sign. 3. A map showing the location of the proposed billboard sign. Attachments' An E-Mail dated November 3, 2003 from John Byberg submitting an application for a vadance from the Sign By-law. A copy of the design of the proposed billboard sign showing the message that will be on each side of the sign. A map showing the location of the proposed billboard sign. Report CL 29-03 November 5, 2003 Application for Variance from the Sign By-law Page 3 I~ruce Taylor City Clerk Attachments Recommended for the consideration of Pickering City Council · Q i~:~, Chid Adm~ative ~cer ,Ta~,lor,,Bruce From: Sent: To: Subject: John Byberg [johnbyberg@look. ca] November 3, 2003 11:01 AM Taylor, Bruce Appeal of Sign Application Dear Bruce, My name is John Byberg and I own Pepperberries Bistro, a fine dining establishment in Brooklin. I have applied for a sign to be put on Mr. Lees property east of Greenwood, and I have been turned down from the city' of Pickering. MTO is on side with the signage. Mr Lee has agreed to the'sign as well. There are other large fully lit billboard signs on the Kings Highway. One near the Paddock garage, and another on Dutchmasters land east of Greenwood. Another is just west of Hwy 23 which has been put up within the last 4 years. My sign will be well maintained as our restaurant has a standard to uphold. Thanks Very Much for your consideration on this matter. John Byberg Catering. ', 655- lOkm ahead 'in Brooklin Wes{ §i--~e ~10~ [ ~-6~ '~re~-'on Pl-~~o~ Catering. Ta/re. What are you doing for Dinner? East Side 10' x 16' CreZon Plywood