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HomeMy WebLinkAboutAdjustment - 2010-09-21 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 21, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs. A. Head and M. Hiscott OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. S. B. Bassanese, Urban Designer, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary- Treasurerand Ms. D. Saunderson, Administrative Clerk Mr. A. Head, Vice Chair, called this meeting to order at 9:30 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 Monday October 4, 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.: SG2010-020 Applicant: Fieldgate Commercial Ltd Property Location: 235 Ira Needles Blvd Legal Description: Part Lot 38, German Company Tract Appearances: In Support: N. Dart Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for 2 directional ground supported signs to be located 24.29m (79.69') apart rather than the required separation distance of 50m (164.04') and to have no address on the signs, whereas the Sign By-law requires the address to be on these signs. The Committee considered the report of the Development and Technical Services Department, dated August 9, 2010, advising that the subject property is located on the west side of Ira Needles Boulevard between Highland Road West and Victoria Street South. It is currently being developed as amulti-tenant commercial plaza. It is zoned Arterial Commercial (C-6) with special provisions 382U and 484R in By-law 85-1 and has a land designation of Arterial Commercial Corridor in the City's Official Plan. The applicant is requesting permission for two directional ground supported signs to be located 24.29 metres apart rather than the required minimum separation distance of 50 metres and to have no address on either sign, whereas the Sign By-law requires the address to be on ground supported signs. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments: The intent of the regulation regarding a 50 metre separation distance between ground supported signs on the same property is to ensure that an adequate distance is maintained between signs in order to minimize the visual impact of sign on a property or streetscape. In this situation, staff is of the opinion that the distance between the signs is sufficient, as the signs are COMMITTEE OF ADJUSTMENT 36 SEPTEMBER 21, 2010 Submission No.: SG 2010-020 (Cont'd meant to be read more for directional purposes than for advertising. As well, the signs are located at the back of a new bank building and are not meant to be read off-site and therefore will not have any impact on the streetscape. The intent of the regulation regarding providing the address on a ground supported sign is to easily locate and identify the property to the public and to emergency service vehicles. Staff is in support of the variance to not have the address on the signs, as these signs are visible from the street. Based on the above, staff is of the opinion that the intent of the by-law is being met, as well as considering the variance requests minor in nature. However, City Traffic staff has identified visibility concerns with both proposed sign locations. Traffic staff recommends that the drive-thru "Exit Only" sign be located 1 m easterly on the island. The other sign for the drive-thru which is a directional sign to the entrance of the drive- thru is a concern regarding visibility and Traffic staff does not support locating a sign of its size anywhere in the subject island area. In discussion with the applicant, his client would be willing to relocate the "Exit Only" sign as requested by Traffic staff. In regards to the "Drive-Thru" directional sign, staff has suggested reducing the sign height to 0.9 m (which would not require a variance to the minimum distance separation requirement). However, the client, RBC, has a standard sign for the drive thru's and does not wish to reduce the height. Staff cannot support any variances to permit the "Drive- Thru" sign because of its height and the resulting visibility concerns, which is not appropriate development for the property. Based on the above, staff recommend refusal of the variance request to reduce the minimum separation distance; however, should the applicant wish to erect the "Exit Only" sign, staff recommend approval to not have the address on the sign; provided the sign is relocated a minimum of 1 metre easterly on the island. It is noted that there is a previous sign variance for the subject property which was approved in June 2010, SG 2010-012. The June variance approved a ground supported sign abutting the street line to have a height and area greater than permitted by the by-law. A condition was noted that a maximum of two additional ground supported signs would be permitted for this site. Staff notes that this condition was meant to be applied to signs abutting the street line along Ira Needles which would have a greater impact on the streetscape and neighbourhood. It is acknowledged that the signs applied for in this variance, SG 2010-020, are not intended to be applied as part of the condition for SG 2010-012. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 29, 2010, advising that have no concerns with this application. Mr. Dart advised that his client is withdrawing their request for the "Drive-Thru" sign and is willing to move the "Exit Only" sign as recommended by staff. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of Fieldgate Commercial Ltd requesting permission to erect 1 ground support "Exit Only" sign with no address on the sign, whereas the Sign By-law requires the address to be on this sign, on Part Lot 38, German Company Tract, 235 Ira Needles Blvd, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the "Exit Only" ground supported sign shall be moved 1 m to the east of its proposed location, as shown on the plan submitted with this application, on the island. 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 COMMITTEE OF ADJUSTMENT 37 SEPTEMBER 21, 2010 Submission No.: SG 2010-020 (Cont'd) 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 This meeting recessed at 9:35 a.m. and reconvened at 10:44 a.m. with the following members present: Ms. C. Balcerczyk and Messrs. A. Head and M. Hiscott. NEW BUSINESS 1. Submission No.: SG2010-021 Applicant: 2040799 Ontario Limited Property Location: 352 King Street West Legal Description: Part Lots 4, 5, & 6, Plan 41, being Parts 2 & 3, Reference Plan 58R-1911 Appearances: In Support: D. Moore Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a fascia sign around the corner of the front and west elevations of the building, to project 0.83 m. (2.72') from the face of the building rather than the permitted 0.4 m. (1.31'). The Committee considered the report of the Development and Technical Services Department, dated September 13, 2010, advising that the subject property is located on the north side of King Street West between Francis and Water Streets in downtown Kitchener. The land is designated as Retail Core in the City's Official Plan and zoned Retail Core Zone (D-1 ). The applicant is requesting permission to install a fascia sign around the corner of the front and west elevations of the building, to project 0.83 m (2.72 ft) from the face of the building rather than the permitted 0.4 m (1.31 ft). In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments: The intent of the regulation to limit the projection of a fascia (wall) sign is to ensure that the projection of the sign does not negatively impact the aesthetics of the streetscape; nor cause any obstruction to pedestrians or vehicles that may be using the area underneath the sign. In regards to aesthetics, though the proposed projection is twice the amount of projection that is normally permitted, the sign is located above a dropped cornice at the storefront level. The proposed projection extends out from the wall only slightly more than dropped cornice; as well, the sign appears to project no more than the fascia at the roof line. In regards to the safety of pedestrians and vehicles, the proposed sign projects over a pedestrian area only and is located at least 2.44 metres from ground level, which is the minimum requirement for signs located over pedestrian areas. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 10, 2010, advising that have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of 2040799 Ontario Limited requesting permission to install a fascia sign around the corner of the front and west elevations of the building, to project 0.83 m. (2.72') from the face of the building rather than the permitted 0.4 m. (1.31'), on Part Lots 4, 5, & 6, Plan 41, being Parts 2 & 3, Reference Plan 58R-1911, 352 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 38 SEPTEMBER 21, 2010 2. Submission No.: SG 2010-021 (Cont'd) 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. 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 ADJOURNMENT On motion, the meeting adjourned at 10:46 a.m. Dated at the City of Kitchener this 21st day of September, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment