The Town is cutting Home Hardware some slack when it comes to non-compliant signage at 3739 Third Avenue.
At their August 13 meeting, council received a report to staff from director of developmental services Mark Allen.
It outlines how, since the store’s grand opening, Town staff had been questioning owner Theo Bandstra about five signs which go against local sign bylaws.
“The approved development permit, which included a variance to the Sign Bylaw for five additional fascia signs on the business frontage, stated that the five sign panels were for permanent scenic murals. Therefore, the five commercial messaging signs, even if placed temporarily in the panels, are non-compliant.”
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The signs in question are four sign panels facing King Street and a single panel on the building facing Third Avenue.
“The owner stated that he intends to rotate the commercial messaging with scenic murals in the future,” the report to council reads.
“Staff discussed with the owner the two options to request the commercial messaging panels be considered by Town Council, [a] Development Variance Permit application ($400 fee) or [a] Development Permit Amendment application ($200 fee).”
In response to an order letter sent to Bandstra on July 17, the Town received a July 30 application from the business for a Development Permit Amendment application.
However because the application requires a variance to the Town’s Sign Bylaw, it must go through an Advisory Planning Commission meeting before coming to council.
“This means the August 27 regular meeting would be the earliest the application could come to council, only if an APC meeting can be held prior,” the report says.
(As of this article’s publication the Town has not scheduled or held an additional APC meeting, with the last one held July 31.)
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While the signs are non-compliant, the report says they will not be removed in the interim as they are not prohibited, located in any manner contrary to the bylaw, in immediate danger of falling or an immediate safety hazard.
Even in the case of being located contrary to the bylaw, the report notes the signs are located correctly — they simply exceed the permitted number of signs for the building itself.
While the Town is technically able to fine the business between $100-$5,000 daily until the issue has been resolved, the report notes past best practices have been to refrain from strict enforcement (ie: fines) as long as the owner of the business has submitted an application to address the non-compliance.
In the end, the report recommended the Town not impose fines on the business.
“Staff intend to process the DP Amendment application as quickly as possible and [do] not recommend levying fines on the owner.”
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