Calgary Subdivision and Development Appeal Board
P.O. Box 2100, Station M, # 8110,
Calgary, AB T2P 2M5
Email: [email protected]
CALGARY SUBDIVISION AND DEVELOPMENT APPEAL BOARD
Citation: 2015 CGYSDAB 152
Case Name: SDAB2015-0152 (Re)
File No: DP2015-1785
Appeal by:
National Neon represented by Tamara Sander
Appeal against:
Development Authority of The City of Calgary
Hearing date:
December 17, 2015
Decision date:
January 13, 2016
Board members:
Katherine Camarta, Presiding Officer
Jeff Gilmour
Rick Grol
Bob Merchant
DECISION
FILE NO. DP2015-1785
APPEAL NO. SDAB2015-0152
Basis of appeal:
This is an appeal from a refusal by the Development Authority for a development permit
made on the application of National Neon for a temporary use: sign - class C & E
(freestanding sign, digital message sign) at 1804 Crowchild Trail NW.
Description of Application:
The appeal before the Subdivision and Development Appeal Board (Board) deals with a
refusal by the Development Authority of a development permit application for a
temporary use for a sign - class C & E (freestanding sign, digital message sign) at 1804
Crowchild Trail NW. The property is located in the community of Banff Trail and has a
land use designation of DC Direct Control District pursuant to Bylaws 79Z86 and
96Z90.
Hearing:
The Board heard verbal submissions from:
Earl Adelman of National Neon, the appellant and applicant, in favour of the appeal;
and
Christine Falloon with National Neon, the appellant and applicant, in favour of the
appeal.
Summary of Evidence:
The Board report forms part of the evidence presented to the Board. It contains the
Development Authority’s decision respecting the development permit application and
the materials submitted by the Development Authority that pertain to the application.
The Board report further contains the notice of appeal and the documents, materials or
written submissions of the appellant/applicant and any other party to the appeal.
Development Authority’s Submission
The Development Authority did not appear at the hearing. Prior to the hearing, the
Development Authority submitted a response to the appeal and referenced the reasons
for refusal of the development permit application. This information is on pages 62 and
63 of the Board report.
Appellant’s/Applicant’s Submission
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Earl Adelman with National Neon, the appellant who is also the applicant, noted that the
initial refusal of the application was due to proliferation, which he finds to be very
subjective.
He presented a photograph from Google maps showing proximity to existing signs and
noted that the sign they are proposing is on the other side of Crowchild Trail from the
nearest sign and therefore is aimed at different traffic. He clarified that there is current
signage in place there and the proposed sign is a replacement but it will be a new pylon
sign, with the branded hotel name on top, and digital message center below, 15 feet
from the ground. He stated that it is a privately owned sign - for single use. He stated
that the owner is prepared to reduce the amount of time between changing images on
the sign to 30 seconds; therefore making it a more static type of sign rather than the
traditional digital signage which is changing every 6 seconds.
Upon questioning, Mr. Adelman noted that there is only 111 metres between the two
signs instead of the required 300 metres; however, he noted that the rule only applies in
this case because both signs are digital. He explained that the compromise they are
suggesting is to change their sign to an electronically controlled static sign and only
have the image change every 30 to 60 seconds, which would then reduce distraction.
He noted that keeping a digital sign is important because all signs are moving towards
digital and one can change messages on a daily basis, and therefore advertise more
features of the hotel. He submitted that the proposed sign will replace the existing
freestanding sign and that the proposed sign will be raised by three metres in
comparison to the existing sign.
He further stated that they would be willing to lower the total height of the proposed sign
structure by five feet, if the Board would deem such necessary for approval of the sign.
Affected Persons’ Submission
No one spoke in opposition to the appeal and one letter of objection was received.
Decision:
In determining this appeal, the Board:




Complied with the provincial legislation and land use policies, applicable statutory
plans and, subject to variation by the Board, The City of Calgary Land Use Bylaw
1P2007, as amended, The City of Calgary Land Use Bylaw 2P80, and all other
relevant City of Calgary Bylaws;
Had regard to the subdivision and development regulations;
Considered all the relevant planning evidence presented at the hearing and the
arguments made; and
Considered the circumstances and merits of the application.
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1. The appeal is allowed and the decision of the Development Authority is
overturned.
2. A development permit shall be issued with the following conditions of
approval.
Conditions of approval
Prior to release conditions
The following prior to release conditions must be complied to the satisfaction of the
Development Authority before the permit will be released:
1.
The applicant shall submit amended plans, to the satisfaction of the
Development Authority, indicating that the overall height of the Freestanding
Identification Sign structure shall be lowered by 1.5 metres from the height
indicated on the application plans (which indicates a total height of 8.71 metres,
measured from grade).
Permanent conditions
The following permanent conditions shall apply:
1.
The development shall be completed in its entirety, in accordance with the
approved plans and conditions.
2.
No changes to the approved plans shall take place unless authorized by the
Development Authority.
3.
A development completion permit shall be applied for, and approval obtained, for
the sign within 30 days of installation of the sign. A development completion
permit is independent from a building permit. Call Development Inspection
Services at 403-268-5311 to request a site inspection for the Development
Completion Permit.
4.
The approval for the Digital Message Sign is valid for a period of three (3) years
from the date of approval. On expiry of this period, the Digital Message Sign
shall be discontinued and the Freestanding Sign it is attached to restored to a
condition acceptable to the Development Authority.
5.
All electrical servicing for site signage shall be provided from underground.
6.
There shall be no exposed anchor bolts.
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7.
There shall be no Third Party Advertising on the Digital Message Sign. Only
goods and services provided on-site shall be advertised.
8.
The sign owner must provide a contact person and telephone number, who can
be reached 24 hours a day and that, has access and control to the digital
technology. If the contact person/information should change in the future, the
sign owner must inform the Development Authority of any changes.
9.
The sign shall be equipped with an ambient light sensor.
10.
The sign owner must ensure that while the sign is in operation with the ambient
light sensor, that the light output for the digital display must be set to operate and
not exceed the following levels at all times the sign is operating when measured
from the sign face at its maximum brightness:
(a)
A maximum of 7500 nits from sunrise to sunset, at those times determined
by the National Research Council of Canada (sunrise/sunset calculator);
(b)
A maximum of 350 nits from sunset to sunrise at those times determined
by the National Research Council of Canada (sunrise/sunset calculator);
and
(c)
The sign must not increase the light levels around the digital
more than 3.0 LUX above the ambient light level.
display
by
11.
In the event of any malfunction of the technology of the sign, including the
ambient light meter, the sign is to be turned off and disabled until such time as
the malfunction can be repaired and the sign returned to proper operation, to the
satisfaction of the General Manager of Planning, Development & Assessment.
12.
A Digital Message Sign must not employ colours that could be confused as traffic
directional or control devices. Colours, symbols or shapes that are the same or
similar to those used by emergency vehicles, traffic lights or any traffic sign must
not be employed.
13.
The Digital Message Sign must only employ the display of digital images in a
static form, which must remain on the digital display for a minimum of thirty (30)
seconds before switching to the next copy. The method of copy change must
not involve any visible effects including but not limited to action, motion, gradual
fade, flashing, scrolling, animation, dissolving, blinking, or another method, to the
satisfaction of the Development Authority.
14.
The length of time between changes of advertising copy must not exceed 0.25
seconds.
15.
Copy must not include the display of full motion video, movies, Moving Picture
Experts Group (MPEG) or non-static digital copy.
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16.
The copy shown on the Digital Message Sign must not be shown in a way that a
message is viewed or read over a series of sequential messages on the digital
display or over multiple digital displays.
17.
The Digital Message Sign must be designed such that the sign supports are
structurally sound and can support the weight of the sign, and movement of the
sign during times of high wind, wet snow and precipitation.
18.
The sign owner must not, at any time, prepare the site where the sign shall be
placed in a manner that would damage or remove any trees or shrubs that were
existing or that were required to be in place on the site by a development permit,
in order to make the sign more visible, to maintain a sign or to change the copy
on the sign.
Reasons:
1 The Board considered the written, verbal, and photographic evidence submitted, and
notes that the appeal pertains to the Development Authority’s refusal of a development
permit application for a temporary use for a sign - class C & E (freestanding sign, digital
message sign) at 1804 Crowchild Trail NW. The property is located in the community of
Banff Trail and has a land use designation of DC Direct Control District pursuant to
Bylaws 79Z86 and 96Z90, in conjunction with Land Use Bylaw 1P2007.
Application
2 According to the Development Authority the application seeks approval for a new Sign
– Class C (Freestanding Sign) and Sign – Class E (Digital Message Sign) to be located
at 1804 Crowchild Trail NW in the community of Banff Trail. The proposed sign is to be
located in the DC96Z90 portion of the site.
3 The Development Authority found that the application requires a relaxation of section
104(3) of Land Use Bylaw 1P2007 for the minimum required separation distance of 300
metres from another digital message sign facing the same oncoming traffic. The
proposed sign is located at a distance of 111 metres from another digital message
signs. Therefore the relaxation is 189 metres or 63 percent is required.
4 The Development Authority denied the development permit application for a number
of reasons, which follow [unedited]:
Application Review and Analysis
During the review, the Development Authority considered the land use bylaw
rules and the appropriateness of the location for the proposed signage.
A bylaw check completed on the application determined that a relaxation is
required for the proposed sign to be located within 300.0 metres of another digital
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display that faces the same oncoming traffic. Both the subject Digital Message
Sign and the Digital Message Sign located in the parking lot of McMahon
Stadium will be visible to northbound and southbound traffic on Crowchild TR
N.W. Due to the height of the proposed sign and the prominent location being
near the top of the hill, the proximity of the two signs will, in the opinion of the
Development Authority, create sign proliferation.
The land use bylaw intends that the appropriate location of a digital message sign
in an area produces a compatible relationship with other signs and the
surrounding context. Achieving an appropriate distribution and spacing of digital
signs visible from a high traffic street and corridor promotes visibility, public safety
and a sound streetscape. It also avoids creating visual sign clutter from the
proliferation of too many signs.
Conclusion
In the opinion of the Development Authority, there are no circumstances
particular to this application which provides appropriate planning rationale in
support of the excessive relaxation. For the reasons outlined above, the
application is refused.
Legislative Framework
5 The Board has particular regard to section 641(4) of the Municipal Government Act,
RSA 2000, c.M-26, as amended, which states:
(4) Despite section 685, if a decision with respect to a development permit application in
respect of a direct control district
(a) is made by a council, there is no appeal to the subdivision and development
appeal board, or
(b) is made by a development authority, the appeal is limited to whether the
development authority followed the directions of council, and if the subdivision
and development appeal board finds that the development authority did not
follow the directions it may, in accordance with the directions, substitute its
decision for the development authority’s decision
6 The Board has particular regard to the following sections of Land Use Bylaw 1P2007,
among others:
Section 21(2) states:
Uses in Direct Control District
21
(2)
The following uses are deemed to be discretionary uses on all
areas designated with a Direct Control District, whether so designated
before or after the effective date of this Bylaw, unless the contrary is
stated in the Bylaw designating the areas as Direct Control:
(a) – (b)
[…]
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(b)
APPEAL NO. SDAB2015-0152
Sign – Class C, Sign – Class D and Sign – Class E;
(c) - (e)
[...]
Section 22 states:
Reference to Other Bylaws in Direct Control Bylaws
22
(1)
(2)
Where a parcel is designated with a Direct Control District:
(a)
pursuant to this Bylaw, a reference to a section of Part of
this Bylaw within the Direct Control Bylaw is deemed to be
a reference to the section on June 8, 2014, unless the
Direct Control District referred to Part 10 of this Bylaw as of
the effective date of the Direct Control District Bylaw;
(b)
pursuant to this Bylaw, a reference to a section of any Part
other than Part 10 of this Bylaw within the Direct Control
Bylaw is deemed to be a reference to the section as
amended from time to time, unless a contrary intent is
stated in the Direct Control Bylaw; and
(c)
pursuant to a previous land use bylaw and such
designation is continued pursuant to this Bylaw, the Direct
Control Bylaw, as approved by Council at the time such
designation was made, will continue to apply, unless a
contrary intent is set out in the Bylaw designating the
parcel Direct Control.
Direct Control Bylaws that were passed pursuant to previous land
use bylaws and are denoted on the Land Use District Maps:
(a)
are hereby incorporated into and form part of this Bylaw as
if repeated herein at length; and
(b)
notwithstanding the definitions contained in this Bylaw,
each Direct Control Bylaw must assume only those
meanings for the terms contained therein that were
intended at the date of the original passage.
7 The Board has regard to Land Use Bylaw 2P80, in particular sections 33 and 37, and
the Sign Appendix of this Bylaw:
Section 56 of the Sign Appendix states:
DEFINITIONS
In this appendix, notwithstanding Section 4 of this Bylaw,
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(1) - (56) [...]
(57) message sign means a sign that is designed for periodic replacement of
messages;
(58) - (69) [...]
(70) sign means a device, structure, fixture or image used, or intended to be used,
for the advertising or calling attention to any person, matter, object, or event and
includes signs – Class 1 and signs – Class 2;
(71) signs - Class 1 means fascia signs, projecting signs, canopy signs, awning
signs, under-canopy signs, under-awning signs, freestanding temporary signs,
decorative banners, commercial flags, event signs, real estate signs, property
management signs and window signs;
(72) signs - Class 2 means those signs which are not listed as signs - Class 1;
(73) – (85) […]
Section 58 states:
TYPES OF SIGNS
(1)
For the purposes of this Appendix signs are divided into the following types:
(a)
Permanent signs
(i) identification signs subject to the provisions of Section 60,
(ii) directional signs subject to the provisions of Section 61,
(iii) third party advertising signs subject to the provisions of Section 62,
(iv) message signs subject to the provisions of Section 63, and
(v) real estate signs and property management signs subject to the
provisions of Section 64.
(b)
(2)
[...]
Where a sign does not conform to any of the sign types defined in this Bylaw, the
sign requires a development permit application which shall be considered by the
Approving Authority as a discretionary use to be reviewed on its individual merits.
Section 59 states:
GENERAL RULES FOR SIGNS
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(1)
APPEAL NO. SDAB2015-0152
A sign shall not conflict with the general character of the surrounding streetscape
or the architecture of nearby buildings.
(2) - (4) [...]
(5)
A sign shall not be erected, operated, used or maintained if, in the opinion of the
Approving Authority,
(a) its position, shape, colour, format or illumination may be confused with an
official traffic sign, signal or device, or other official sign;
(b) it displays lights which may be mistaken for the flashing lights customarily
associated with danger or with those used by police, fire, ambulance or other
emergency vehicles.
(6) - (9) [...]
(10)
The lighting or orientation of a sign must not adversely affect any residential
district.
(11) - (13) [...]
(14) Unless otherwise allowed by the Approving Authority, on any single elevation of a
building any one business, other than a business in the Circa 1912 Theme Area,
shall be entitled to the following identification signs
(a) - (d) [...]
(e) non-flashing window signage as set out in Section 60(10).
(15) - (19) [...]
(20)
An identification sign may include a message panel to a maximum of 80 per cent
of the actual copy area, or the maximum allowable sign area for the district,
whichever is less.
Section 60 states:
RULES FOR IDENTIFICATION SIGNS
(1) - (3)
(4)
[...]
Freestanding Identification Signs
(a)
A freestanding sign may be allowed in any district, except in an A or UR
District unless it is a:
(i)
real estate sign,
(ii)
construction sign, or
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(iii)
(b) – (m)
APPEAL NO. SDAB2015-0152
sign limited to the name, address or activity of the premises.
[…]
.
(5) - (11)
[...]
Section 63 states:
63.
RULES FOR MESSAGE SIGNS AND MESSAGE PANELS
(1)
A message sign may be allowed in any district except an RR‑1, R‑1,
RS‑1, RS‑2, R‑1A, R‑2, R‑2A, R‑MH, RM‑1, RM‑2 and RM‑3 District.
(2)
A message sign or message panel in a non‑residential district may
present real estate copy or property management copy.
(3)
A freestanding message sign shall not exceed 5.5 square metres in area.
(4)
A message sign shall provide a message opportunity for any tenant or
business located on the site.
(5)
A message panel
(6)
(a)
on a freestanding identification sign shall comply with the design
of the sign as if it is a panel of the sign,
(b)
in the fascia sign area shall comply with the dimensions of the
fascia sign and shall not exceed 30% of the area of the fascia
sign,
(c)
on a projecting sign shall be included in the sign area allowed for
projecting signs in Section 60(3) and the sign shall include the
name of the business.
When located on a permanent identification sign for a single business, a
message panel may be for the use of that business identified on the sign.
8 The Board also has regard to Direct Control Bylaw 96Z90 (DC Bylaw), which governs
the portion of the parcel where the proposed signs are located.
Analysis
9 Pursuant to section 22(2)(a) of Land Use Bylaw 1P2007, Direct Control Bylaws are
part of Land Use Bylaw 1P2007, even if established under previous land use bylaws.
10 The application is for the uses of “Sign - Class C” and “Sign - Class E”. The
Development Authority in its decision assumes that the rules of Land Use Bylaw
1P2007 rather than Land Use Bylaw 2P80 apply, and thus the Development Authority
applied the rules of Land Use Bylaw 1P2007 to the subject application. In the Board’s
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view there is an ambiguity in the Land Use Bylaw which bylaw rules apply regarding DC
Control Districts.
11 It appears that it is the intent of section 21(2) to override section 22. Section 22, in
subsection (1)(c), states that where a parcel is designated as a Direct Control District
pursuant to a previous land use bylaw and such designation is continued pursuant to
this Bylaw, the Direct Control Bylaw, as approved by Council at the time such
designation was made, will continue to apply, unless a contrary statement is set out in
the Bylaw designating the parcel Direct Control. Section 21(2) of Land Use
Bylaw1P2007 modifies DC Bylaws by adding more discretionary uses than those which
would have been listed in the DC Bylaws themselves, unless a contrary statement is
made in the DC Bylaw. No express contrary statement is contained in the DC Bylaw
such that Signs Class C or E could be not added as discretionary uses, so accordingly
these are also included as discretionary uses in this district.
12 Council’s directions were that the Sign Appendix of Land Use Bylaw 2P80 would
apply to the proposed development. This can be seen in the terms of the DC Bylaw and
Land Use Bylaw P280. The DC Bylaw, in section 2, states that the discretionary use
rules of the C-3 (General Commercial) District shall apply unless noted otherwise.
Section 37(5) of Land Use Bylaw 2P80 contains those discretionary use rules, including
37(5)(h) which refers to the Sign Appendix of Land Use Bylaw 2P80.
13 Council also provided direction about the proposed development in the DC Bylaw
itself. Section 2(A)(g) of the DC Bylaw states, among other things, that billboards are
prohibited and that all other signage shall be compatible with adjacent development to
the satisfaction of the Development Authority.
14 The Development Authority applied the digital sign rules and requirements of Land
Use Bylaw 1P2007 rather than the Sign Appendix of Land Use Bylaw 2P80. In this
regard the Board questions the correctness of the Development Authority’s decision
and whether the Development Authority followed the directions of Council. Section
37(h) clearly refers to the applicability of the Sign Appendix of Land Use Bylaw 2P80.
Section 21(2) of Land Use Bylaw 1P2007 adds discretionary uses to direct control
bylaws. It is silent with respect to the rules and limits imposed on those discretionary
uses. The subject DC Bylaw, both directly and through its incorporation of parts of Land
Use Bylaw 2P80, directs that: (1) signs, other than billboards, may be located in this
district provided they are compatible with adjacent development; and (2) the Sign
Appendix of Land Use Bylaw 2P80 applies.
15 Having regard to a purposive and contextual interpretation of the DC Bylaw in
conjunction with Land Use Bylaw 2P80 and to the plain wordings of these Bylaws, the
Board thus finds that the rules of the Sign Appendix of Land Use Bylaw 2P80 apply in
this case. Pursuant to section 22(b) of Land Use Bylaw 1P2007, notwithstanding the
definitions contained in Land Use Bylaw 1P2007, each Direct Control Bylaw must
assume only those meanings for the terms contained therein that were intended at the
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date of the original passage. Therefore the Board finds that the definitions of Land Use
Bylaw 2P80 apply.
16 The definition of “Signs-Class 2” applies to the proposed development, so the
directions for “Signs-Class 2” as set out in Land Use Bylaw 2P80, in particular the Sign
Appendix, apply. Contrary to the assertions from the Development Authority in its
reasons for refusal the Board, based on the evidence, finds that pursuant to the
framework of the DC Bylaw the proposed signs are subject to the requirements for
“Signs-Class 2” in the Sign Appendix of Land Use Bylaw 2P80. Having regard to a
purposive and contextual interpretation of the Sign Appendix of Land Use Bylaw 2P80
and the plain wording of the applicable Bylaw sections, and based on the evidence, the
Board finds that accordingly the rules of sections 60(4) and 63 of the Sign Appendix
apply to the application.
17 Irrespective of whether the sign rules of Land Use Bylaw 2P80 or 1P2007 apply in
this case and irrespective of the above-mentioned Board findings, the Board finds that
this issue is not determinative for the outcome of the appeal. For the reasons set out
below, the Board finds that the proposed signage is appropriate from a planning
perspective.
18 The Board reviewed the context of the proposed signage to the location of the
development and having regard to sound planning considerations, the merits of the
application and circumstances of the case, and the evidence presented.
19 The Board notes that the proposed signage development is a discretionary use.
Therefore, the development permit application can either be granted or refused on the
basis of sound planning considerations.
20 The Board takes into account that the proposed digital message sign will be located
on a new freestanding identification sign that replaces an existing freestanding sign on
the property. The sign will have a top panel to identify the business and a lower panel to
display digital messages. The plans submitted with the application show that the digital
message sign panel will be 1.78 metres in height by 2.79 metres in width for a total sign
area of 5.0 square metres of copy area.
21 The Board finds that the appellant provided compelling evidence of a planning
rationale in support of the application.
22 The Board accepts the evidence of the appellant/applicant that the digital sign, which
is oriented to traffic on northbound Crowchild Trail, is warranted to identify and create
awareness of the services and goods provided by the business on the site and replaces
an existing sign, which was serving the same purpose. The Board finds there is a
proper balance between the need for this sign and safety and aesthetics.
23 The Board notes the other digital message sign is located on the west side of
Crowchild Trail while the subject sign is to be located on the east side. From the
mapping and photographic evidence, the Board determines that the other subject digital
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sign is not very visible to drivers along the same line of sight from a southerly direction.
Therefore, the Board finds that the potential for driver distraction is minimal.
24 The Board finds that the proposed digital sign is in keeping with the scale and
context of the identification sign. In the Board’s view a digital sign with the size
proposed is appropriate for the site, having regard to the location, the size of the parcel
and its frontage along Crowchild Trail, and the scale of the identification sign. In
addition, the setback of the sign is quite substantial.
25 The Board takes into consideration that signage, including small digital message
signs, is not uncharacteristic for the commercial areas along Crowchild Trail. Therefore,
the impact of the proposed digital sign would be limited and would not unduly contribute
to visual clutter or proliferation in the immediate area, and there is limited impact on
adjacent properties and businesses.
26 The appellant stated they would be willing to lengthen the refresh time of the digital
message component of the sign to thirty seconds instead of the six seconds required
under the Land Use Bylaw. The Board accepts this evidence for the purpose of the
appeal.
27 The Board, based on the evidence, finds that the proposed sign is not in conflict with
the general character of the district or other existing signage and does not negatively
impact Crowchild Trail. Therefore, the Board finds the location of the sign appropriate
from a planning perspective. However the Board finds that the overall height of the sign
must be lowered to reduce the impact of the digital message sign on its surroundings.
With lowering the height of the freestanding identification sign structure, the Board finds
that the digital message is appropriate from a planning perspective as it will be
compatible with the adjacent development.
28 The Board, based on the evidence and aforementioned factors, finds that the sign
has no negative impact on the adjacent developments and immediate area.
29 Insofar as the application would require any relaxations of the rules of Land Use
Bylaw 2P80 or Land Use Bylaw 1P2007, such relaxations would meet the criteria of
section 687(3)(d) of the Municipal Government Act.
30 Having regard to the merits of the application and sound planning principles, the
Board, based on the evidence and aforementioned factors, finds that with the imposition
of a condition to lower the overall height of the freestanding sign structure, the subject
signage is compatible with the adjacent developments and neighbourhood. From a
planning perspective the proposed signs are appropriate for the subject parcel and
location. Thus the Board finds that the proposed signs are in accordance with the
development guidelines of the DC Bylaw.
31 Having regard to sound planning considerations and taking into account the nature
and type of digital messaging signage, the Board imposes conditions regarding the
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digital message sign to limit the impact of this sign on its surroundings. The Board finds
that some of the rules and requirements for digital message signs of Land Use Bylaw
1P2007 are appropriate to impose in this instance to ensure that the sign is compatible
with surrounding development as per the DC Bylaw. The Board also imposes a term of
three years for this sign, so as to allow the Development Authority to review the digital
message sign again in three years for compatibility with its surroundings.
32 In reviewing and weighing all the evidence, the Board therefore finds that the
proposed development in this instance warrants approval subject to conditions of
approval.
33 The Board imposes conditions of approval including the aforementioned stipulations.
34 Pursuant to section 641 of the Municipal Government Act, the Board determines that
the Development Authority did not follow the directions of Council, and it did not
exercise its discretion appropriately when it refused the subject application. Council’s
direction was that the proposed development is a discretionary use, which would be
allowed if it complied with the Sign Guidelines and was compatible with the surrounding
development. With the limits set out above, the Board finds that the proposed signs
meet this standard, and therefore ought to be approved.
35 For the above reasons the Board allows the appeal and overturns the decision of the
Development Authority.
36 A development permit shall be issued with the above listed conditions of approval.
Conclusion
37 For the above reasons the Board allows the appeal and overturns the decision of the
Development Authority.
38 A development permit shall be issued with the above listed conditions of approval.
___________________________________
Katherine Camarta, Presiding Officer
Subdivision and Development Appeal Board
Issued on this 13th day of January, 2016
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