Town of Osoyoos council voted Monday in favour of supporting a development variance relating to the town’s sign bylaw, which means Poul Pedersen, the owner of the Osoyoos Desert Model Railroad, will be able to keep the roof sign on one of the town’s most popular tourist destinations. (Richard McGuire photo)
The owner of one of Osoyoos’ most popular tourist attractions was all smiles after Town of Osoyoos council voted in favour of granting an exemption to its sign bylaw and allowing him to keep a large promotional sign on the roof of his business.
Poul Pedersen, who has owned the Osoyoos Desert Model Railroad for more than a decade, had applied to the Town to grant a development variance permit application that would allow him to keep the large roof sign located on top of his business in the Buena Vista Industrial Park in Osoyoos.
Three years ago, Pedersen signed an agreement to remove what was deemed a prohibited sign by town staff just before the expiry date of a three-year amortization period.
“The applicant has submitted a development variance permit application to vary the Town of Osoyoos sign bylaw in order to facilitate the retention of a prohibited roof sign on the building located at the property municipally addressed as 11611, 115th Street,” said town planner Dilys Huang, during a presentation to council on Monday.
“Located within the Buena Vista Industrial Park, the existing building on the subject property is currently used as an indoor model railroad tourist attraction.”
In 2014, council approved a site specific zoning bylaw amendment to legalize the indoor model railroad tourist attraction that would otherwise have been prohibited under town zoning bylaws at that time, said Huang.
The sign bylaw passed in 2012 states sign owners are required to remove any prohibited signs within 30 days of receiving notice for removal from the town building inspector, she said.
However, for prohibited animated signs or roof signs existing as of the bylaw’s effective date, owners had the option of amortizing such signs for a period of up to three years, she said.
Pedersen signed a deal with the town in early August of 2013 stating he would remove the sign by this past August, but instead filed the variance application, she said.
There is a “hardship” provision in the bylaw and the planning and development services department “is of the opinion that refusal of the variances will not result in undue hardship for the applicant,” said Huang. “The subject property and building do not have peculiar physical characteristics that would make it difficult for signage to comply with the sign bylaw provisions.
“In addition to the roof sign, the property already has a number of commercials signs, including fascia signs, fence signs and a couple of freestanding signs that appear to have been installed recently.
“The Ministry of Transportation and Infrastructure has also erected two Service and Attraction signs specifically for the attraction.”
The variances being sought by Pedersen “defeat the intent of the sign bylaw,” said Huang.
During the extensive process to introduce a new sign bylaw in Osoyoos three years ago, nine other Osoyoos businesses were ordered to remove their roof signs. The other nine have already removed or agreed to remove their signs, said Huang.
The Town did not receive any written notices about Pedersen’s variance application, but Roger Agostinho, the owner of a tow truck company located in the industrial park near the Desert Model Railroad, said he couldn’t support giving an exemption to one business in town.
The playing field should be the same for every business owner in the community, he said.
Former Osoyoos mayor Tom Shields, who spoke on Pedersen’s behalf, said Pedersen had met with former mayor Stu Wells back in 2013 and was assured the Town would grant a variance to allow him to keep his roof sign on his business.
Mayor Sue McKortoff interjected at this point and said there was no argument over whether Pedersen’s business has contributed to the Town because it has, but the only matter being discussed was whether or not the roof sign on Pedersen’s business should be removed or not.
“We are here to talk about whether the sign on top of the building has to come down. That’s what we have to talk about today,” she said. “We need to get on with the issue at hand.”
Alain Cunningham, the town’s director of planning and development, said forming a new sign bylaw was one of the most arduous and complex he’s dealt with in all his years working for the Town of Osoyoos.
Coun. C.J. Rhodes agreed saying it took a lot of hard work and effort to formulate a sign bylaw local business owners and citizens could support.
“It was one of the most controversial things we’ve done,” said Rhodes.
Since being enacted, provisions of the new sign bylaw have had a very positive impact for the town, said Rhodes.
However, Pedersen’s application is not about changing the bylaw, but seeking a variance, which is allowed under provisions of the sign bylaw, and considering all the information available to him, he supports his application, said Rhodes.
When a motion was called that council approve the variances and authorize issuance of the permit to allow Pedersen’s roof sign to remain, only McKortoff voted against the motion.
Shields and Pedersen thanked council for their support before leaving council chambers.
KEITH LACEY
Osoyoos Times
