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HomeMy WebLinkAboutAdjustment - 2010-07-20 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 20, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs. D. Cybalski and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Mr. S. Bassanese, Urban Designer, Ms. D. Gilchrist, Secretary-Treasurer, Ms. M. Burleanu, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 9:35 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider applications regarding variances to the City of Kitchener Sign By-law. The Committee will not make a decision on these applications but rather will make a recommendation which will be forwarded to the Committee of the Whole and Council for final decision. The Chair explained that the Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendations will be forwarded to City Council on Tuesday September 7, 2010 at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS 1. Submission No.: SG 2010-015 Applicant: Realax (Market Square) Inc Property Location: 110 King Street East Legal Description: Lot 31, Part Lots 6, 30, 32 & 34, Plan 364, Part of Highway Closed, being Parts 1, 2, 6, 7 & 8, Reference Plan 58R-488 Appearances: In Support: F. Gerencser Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to locate 3 fascia signs over architectural features which is not permitted by Section 680.10.15 of the Sign By-law. The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located on the north east corner of the intersection of King Street East and Frederick Street in downtown Kitchener. The property is zoned Retail Core (D-1) and has an Official Plan designation of Retail Core. The applicant is requesting permission to locate 3 fascia signs over architectural features which is not permitted by Section 680.10.15 of the Sign By-law. In considering the requested variances to the City of Kitchener Sign By-law (Chapter 680 of the Municipal Code), Planning staff offers the following comments. The intent of the regulation prohibiting fascia signs from covering architectural features is to ensure that the aesthetics of building fagades (elevations) are not negatively impacted by signage attached to the building. The effect of having the three proposed signs covering the vertical mullions, as well as covering the clock tower which is itself an architectural feature, is not in keeping with the intent of the by-law, nor does staff consider it to be appropriate development for the building. Also noted, if signs permitted for one company in this multi-tenant building, then we would have to permit other tenants signage on the tower, if requested. COMMITTEE OF ADJUSTMENT 28 JULY 20, 2010 Submission No.: SG 2010-015 (Cont'd The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that Frederick Street is a route for future Rapid Transit project which may require land conveyances and/or easements. This location may be impacted accordingly. However nothing can be predicted precisely at this stage of the future Rapid Transit project. Mr. Gerencser provided the Committee with a package of information including a written justification for their proposed signs and drawings of alternate signs. He reviewed the staff report noting staff's 3 main concerns: the signs cover architectural features, specifically vertical mullions; the tower itself is an architectural feature; and, other tenants could also request a sign on the tower. Mr. Gerencser then noted that the Sign By-law states that "Fascia signs shall not be placed or located to cover architectural features of a building or structure. Further, the dictionary defines "tower" as being a building or structure. He stated that the Sign By-law relates to the covering of features of a building or structure, not a prohibition to covering the building or structure itself. Mr. Gerencser advised that following discussions with City staff that took place the previous day, when staff stated firmly that the tower is a feature rather than a structure, staff stated that the sign shown at that time as Option 6 would be preferred without the underlying text, if the Committee of Adjustment would approve the variance. He then pointed out that Option 7 in the package provided to the Committee this date is such a sign. With respect to the concerns outlined in the staff report, Mr. Gerencser stated that the sign shown as Option 7 covers a significantly smaller amount of the mullions than the sign originally included in the application. Further, he has an agreement with his landlord that no other tenants will be given permission to put a sign on the tower. Such a restriction will be included in their written lease agreement if this application is approved. Mr. Gerencser then noted that signage for a private career college is absolutely essential and critical for the success of the college and its students. It would allow businesses to be more aware of its existence which would lead to greater prestige for its diploma. Ms. vonWesterholt stated that as a planner, this tower has always been a significant feature in the downtown. The Sign By-law states that architectural features should not be covered and the transparency of the tower is an architectural feature. Proposed Option 7 is more sympathetic but covering the tower at all is not permitted in the Sign By-law. It is important to preserve this tower which is a recognizable feature of the downtown. This clock tower is a commemoration to the Old City Hall and its Clock Tower which used to be on this site. Mr.Bassanese stated that this clock tower is significantly elevated above the rest of the building and its intent is to be much more than an atrium. The tower is there to delineate the building and it can be viewed from up and down King Street. Mr. McColl stated that he understands why Trios wants their signs on the tower; however, he agrees with the staff recommendation. He moved that this application be refused. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Realax (Market Square) Inc requesting permission to locate 3 fascia signs over architectural features which is not permitted by Section 680.10.15 of the Sign By- law, on Lot 31, Part Lots 6, 30, 32 & 34, Plan 364, Part of Highway Closed, being Parts 1, 2, 6, 7 & 8, Reference Plan 58R-488, 110 King Street East, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are not minor in nature. 2. This application is not desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code would not be maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 29 JULY 20, 2010 This meeting recessed at 9:55 a.m. and reconvened at 10:05 a.m. with the following members present: Ms. C. Balcerczyk and Messrs. D. Cybalski and B. McColl. NEW BUSINESS 1. Submission No.: SG 2010-017 Applicant: Ashton Pools Property Location: 637 Victoria Street North Legal Description: Part Lot 52, Plan 763, Part Lot 1, Plan 764 Appearances: In Support: J. Ashton Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace the existing ground supported sign with a ground supported sign that contains automatic changing copy, to be located 115m (377.29') from a residential zone rather than the required 150m (492.12'). The Committee considered the report of the Development and Technical Services Department, dated July 12, 2010, advising that the subject property is located on south side of Victoria Street North, between Edna Street and the Conestoga Parkway. The land is designated as Arterial Commercial Corridor in the City's Official Plan and zoned Arterial Commercial Zone (C-6) in By- Law 85-1. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. The 150 metre separation distance from a residential zone is intended to ensure that an adequate distance is maintained between the automatic changing copy on a sign and any residential zone in order to minimize the impact of illumination and distraction of the changing copy on the residential area. In this situation, staff is of the opinion that the distance between the sign and the closest residential zone is sufficient because the sign is oriented so that the changing copy is not directly facing nor is it easily visible from the residential zone. It is noted that two ground supported signs currently exist on the property. The larger sign, that is to be replaced, and a smaller, circular shaped sign which also advertises the pool/spa business. The circular sign does not comply with the minimum separation distance regulation of 50 m for signs on the same property. As discussed with the applicant, the smaller, circular- shaped sign will be removed prior to erecting the proposed automatic changing copy sign. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 6, 2010, advising that they have concern with this application. Mr. McColl stated his opinion that even though the sign will be located closer than 150m to a residential zone, the sign will not bother any residences. He stated that he was willing to support this application provided that the sign is turned off between 11:00 p.m. and 6:00 a.m. Mr. Ashton advised that he can comply with such a requirement. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Ashton Pools requesting permission to replace the existing ground supported sign with a ground supported sign that contains automatic changing copy, which is to be turned off between 11:00 p.m. and 6:00 a.m., to be located 115m (377.29') from a residential zone rather than the required 150m (492.12'), on Part Lot 52, Plan 763, Part Lot 1, Plan 764, 637 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. COMMITTEE OF ADJUSTMENT 30 JULY 20, 2010 1. Submission No.: SG 2010-017 (Cont'd) 2. The owner shall remove the smaller, circular-shaped ground supported sign that currently exists on the property. It is the opinion of this Committee that: 1. The variance approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: SG 2010-018 Reigonal Municipality of Waterloo 10 Huron Road Part Lot 8, Plan 1521 J. Van Dyk None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect 2 ground supported signs within 5m (16.4') of each other rather than the required separation of 50m (164'). The Committee considered the report of the Development and Technical Services Department, dated July 13, 2010, advising that the subject property located at 10 Huron Road and is zoned Hazard Land Zone (P-3) in By-Law 85-1 and is designated Open Space in the Official Plan. It is the location of the Waterloo Region Museum. The applicant is requesting relief from Section 680.11.13(a) of the City's Sign By-law which states that ground supported signs are prohibited within 50 metres (164 feet) of another ground supported sign on the same property. The applicant is requesting relief from this Section of the By-law to allow a separation distance between the ground supported signs of 5 metres rather than the required 50 metres. The intent of this Section of the By-law is to ensure that both signs are appropriately spaced and will not cause interference of each other if located on the same property. The signage is part of the museum's exterior way finding system and is intended to direct delivery trucks to the loading dock and turn around area located on private roads within the subject site. Staff is of the opinion that the requested variance is minor and the signs will assist in the flow and safe movement of vehicular traffic throughout the site. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 6, 2010, advising that they have concern with this application. Mr. McColl stated that he has no concerns with this variance as these signs are directional signs only. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Regional Municipality of Waterloo requesting permission to erect 2 ground supported signs within 5m (16.4') of each other rather than the required separation of 50m (164'), on Part Lot 8, Plan 1521, 10 Huron Road, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 31 JULY 20, 2010 Submission No.: SG 2010-018 (Cont'd) It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-019 Applicant: Sheridan Nurseries Limited Property Location: 100 Elmsdale Drive Legal Description: Part Lot 3, Plan 1026, Part Lot 3, Plan 1021 Appearances: In Support: A. Vanden Enden L. MacLeod R. Gaul Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to alter an existing ground supported sign to include automatic changing copy, to be located 14m (45.93') from a residential zone rather than the required 150m (492.112'); legalization of this sign having a height of 7.39m (24.24') rather than the permitted 3m (9.84'), a sign area of 11 sq. m. (118.4 sq. ft.) rather than the permitted 3 sq. m. (32.29'), a setback from Ottawa Street of 1.3m (4.26') rather than the required 3m (9.84');and, legalization of 3 signs on the property rather than the 2 permitted signs. The Committee considered the report of the Development and Technical Services Department, dated July 12, 2010, advising that the subject property is located at the north-west corner of Elmsdale Drive and Ottawa Street South and is developed with a garden centre and nursery. The land is designated as a Low Rise Residential in the City's Official Plan and zoned Residential Zone Six (R-6) with Special Use Provision 189U that permits a garden centre, nursery and office on the property. The applicant is requesting variances to the Sign By-law to alter an existing ground supported sign to include automatic changing copy sign. The following relief is being sought: 1) A 14 metres setback from the closest residential zone, whereas Section 680.3.29 of the Sign Bylaw requires that automatic changing copy not be located within 150 metres of the residential zone; 2) Legalization of this sign having a height of 7.39m, whereas Section 680.11.8 of the Sign Bylaw permits a maximum height of 3m; 3) A sign area of 11 sq. m., whereas Section 680.11.9 of the Sign Bylaw permits a maximum area 3 sq. m; 4) A setback from the Ottawa Street property line of 1.3m, whereas Section 680.11.11 of the Sign Bylaw requires a minimum setback of 3m; and, 5) Legalization of three signs on the property (two ground supported and one fascia sign), whereas Section 680.10.8 permits a maximum of two signs permitted. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments: COMMITTEE OF ADJUSTMENT 32 JULY 20, 2010 Submission No.: SG 2010-019 (Cont'd The 150 metre separation distance from a residential zone is intended to ensure that an adequate distance is maintained between the automatic changing copy sign and any residential zone in order to minimize the impacts of the additional illumination and distraction of the changing sign. In this situation, staff is of the opinion that the distance between the sign and the closest residential zone is sufficient, because the changing copy on the sign is oriented away from and not directly facing the residential zone. Regarding the variances to increase the height and area of the sign, the variances meet the intent of the Sign By-law, which is to ensure that signage does not dominate the fagade of the building (with fascia signs) or streetscape of the neighbourhood (with ground-supported signs). While the ground-supported sign does not meet the requirements of the bylaw pertaining to height and area, it does meet its general intent as the sign compliments the building in style, and its mass is proportional to that of the building and the lot size. In regards to the reduced setback from the property line, it is intended to provide adequate separation from the street and abutting properties. This variance meets this intent as the property line is separated from the edge of the road by a substantial road allowance and sidewalk. The setback of the ground supported sign does create any visibility concern for vehicular or pedestrian traffic and the sign is entirely maintained on the subject property. An additional variance to permit three signs (two ground supported and one fascia) on the property rather than the permitted maximum of two signs was requested by the applicant. It is noted that intent of the regulation is to minimize the impact of signage in residential zones. The subject property is used for a commercial use and abuts a primary arterial road with a high volume of traffic. The zoning permits the commercial use of a garden centre/nursery and office and the proposed sign and existing signage is considered appropriate for the development of the property as well as the surrounding streetscape. Lastly, it is noted that the three existing signs have been on the property for some time, and no complaints have been received. However no sign permits for the other existing signs (one ground and one fascia) are on file, and would be required. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 6, 2010, advising that the existing road width of Ottawa Street South at this location is about 26.2m. Therefore an offset of 2.14m approximately, of the property line is required to keep the sign clear of the designated road width of 30.48m on Ottawa Street at this location. The proposed offset of 1.3m is not acceptable. The Chair noted the written submission from the Region of Waterloo concerning the potential for a future road widening along Ottawa Street South, in front of this property. A discussion took place between the Committee and staff as to whether the application should be amended to meet the Region's request. It was noted that the variance requested is for a change to an existing sign and not a new sign. The Chair advised the applicant that if this application is approved, a condition will be imposed to require the owner to move this sign, at their expense, at the time the Region notifies them that they will be widening Ottawa Street. Mr. McColl advised that he is supportive of all variances requested except the location of the sign with automatic changing copy. He stated that the two houses across the street will not be affected by this sign; however, based on his research, it has been shown that automatic changing copy signs can cause traffic accidents. He noted that Ottawa Street is very busy and within approximately 150m of this property there is a crosswalk that parents and children use to go to the Chandler Mowat Community Centre. Automatic changing copy signs can distract drivers and this is a safety issue. Mr. Lewis advised that the houses in this area back onto Ottawa Street, so should not be bothered by the sign. Further, unlike other busy corridors in the City, this section of Ottawa Street does not have any other signs of this nature. Mr. McColl advised that he would reluctantly support this application if the other Committee members are in support but wants a clause inserted in the decision that the sign be turned off between 11:00 p.m and 6:00 a.m. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 33 JULY 20, 2010 Submission No.: SG 2010-019 (Cont'd) That the application of Sheridan Nurseries Limited requesting permission to alter an existing ground supported sign to include automatic changing copy, which shall be turned off between 11:00 p.m. and 6:00 a.m., to be located 14m (45.93') from a residential zone rather than the required 150m (492.112'); legalization of this sign having a height of 7.39m (24.24') rather than the permitted 3m (9.84'), a sign area of 11 sq. m. (118.4 sq. ft.) rather than the permitted 3 sq. m. (32.29'), a setback from Ottawa Street of 1.3m (4.26') rather than the required 3m (9.84');and, legalization of 3 signs on the property rather than the 2 permitted signs, on Part Lot 3, Plan 1026, Part Lot 3, Plan 1021, 100 Elmsdale Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner/applicant shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign, the existing ground supported sign near the entrance and the fascia sign on the building. 2. That the owner of 100 Elmsdale Drive shall remove the ground supported sign that has automatic changing copy, at his/her cost, when notified by the Regional Municipality of Waterloo that they are widening Ottawa Street in front of the subject property. It is the opinion of this Committee that: The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:27 a.m. Dated at the City of Kitchener this 20th day of July, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment