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HomeMy WebLinkAboutAdjustment - 2010-10-19 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 19, 2010 MEMBERS PRESENT: Messrs. D. Cybakski, B.McColl and M. Hiscott OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:00 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 November 15, 2010 at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG2010-022 Applicant: Strathallen -Alpine Capital Group Inc. Property Location: 725 Ottawa Street South Legal Description: Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R-12353 Appearances: In Support: L. Jukes G. Papazotos Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for each tenant in the building to have their own roof sign rather than the permitted one roof sign per building. The Committee considered the report of the Development and Technical Services Department, dated October 8, 2010, advising that the subject property is located on the south side of Ottawa Street South between Alpine and Strasburg Roads. The land is designated as Planned Commercial Campus in the City's Official Plan and zoned C-6 (Arterial Commercial Zone) in By- law 85-1. The applicant is requesting permission for each tenant in the building to have their own roof sign rather than the permitted maximum of one roof sign per building. There currently exist three roof signs on the building. The first roof sign (Cora's) was issued a Sign Permit and a second roof sign (Pita Factory) was also issued a Sign permit after receiving minor variance approval through decision SG 2010-005 earlier this year. There also exists a third roof sign (Hot Nails) on the building which does not have a sign permit or minor variance approval. This variance is to permit a fourth roof sign (Chicago); as well as further additional roof signs should tenants wish to construct them. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. COMMITTEE OF ADJUSTMENT 40 OCTOBER 19, 2010 Submission No.: SG 2010-022 (Cont'd The intent of the regulation to limit the number of roof signs on a building is to ensure that roof signs do not dominate the elevation of a building and therefore negatively impact the aesthetics of the building and the property itself. The subject building is amulti-tenant plaza and has a sloping roof. The signs are located on the sloped portion of the roof and do not extend above the peak of the roof. Visually the signs appear similar to signs erected on the sloping portion of a mansard roof, which are permitted in the Sign By-law under fascia signs. Similar to fascia signs, staff suggests that this variance contain a condition that a minimum distance separation be required between roof signs. This would ensure that the signs do not run into each other and become cluttered. It is recommended that a minimum separation of 0.6 m be maintained between signs. Staff notes that a second variance exists for the existing signs and the proposed signs in that the supporting structures of the signs are not screened; whereas the by-law requires screening for the supporting structures. It is suggested that the variance be amended to include this second variance. The intent of the screening is to ensure the aesthetics of the signs do not negatively impact the view of a building or of the property. As noted above, the signs are not located above the peak of the roof and therefore do not visually detract from the building. However, staff does recommend that the supporting structures be constructed in a colour that matches the roofing material in order that the structures easily blend into the background and maintain the intent of the regulation. It is noted that two of the three existing signs (Pita Factory and Cora's) have received Sign Permits but further signage would be required to meet this condition. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 2010, advising that have no concerns with this application. The Committee considered the report of the Ministry of Transportation Corridor Management Officer, dated September 29, 2010, advising that they have no concerns with this application. Mr. Jukes advised that he agrees with the staff recommendation including the conditions. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Strathallen -Alpine Capital Group Inc. requesting permission for each tenant in the building to have their own roof sign rather than the permitted one roof sign per building with the sign support structure to be visible rather than screened, on Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R-12353, 725 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That a minimum separation distance between roof signs shall be maintained at 0.6 metres. 2. That all roof signs shall be located on the sloping portion of the roof and all of the sign structure must be located within the bottom two-thirds of the roof elevation. 3. That the supporting structures of the signs shall be constructed in a colour that matches the roofing material. 4. That a Sign Permit shall be obtained from the Planning Division for all the roof signs. 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 COMMITTEE OF ADJUSTMENT 41 OCTOBER 19, 2010 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: SG2010-023 Trujay Holding Ltd 470 Highland Road West Part Lot 16, Plan 1004, being Part 3, Reference Plan 58R-3418 J. Weiss None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace an existing ground supported sign with a new one that will include automatic changing copy; to be located 13m (42.65') from a residential zone rather than the required 150 m (492.12'). The Committee considered the report of the Development and Technical Services Department, dated October 8, 2010, advising that the subject property is located on the north-east corner of the intersection of Highland Road West and Westmount Road West. The land is designated as Mixed Use Node in the City's Official Plan and zoned C-6 (Arterial Commercial Zone) and 1 R in By-law 85-1. The applicant is requesting permission to replace an existing ground supported sign with a new ground supported sign that will include automatic changing copy; to be located 13 m (42.65 ft) from a residential zone rather than the required 150 m (492.12 ft). In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. The intent of the 150-metre separation distance from a residential zone for automatic changing copy 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 not oriented directly towards the high-rise apartment building which is located across the street from the subject plaza. The proposed sign complies with all other regulations of the sign by-law. Staff note that one other ground supported sign currently exists at the corner of Highland and Westmount Roads. The sign contains the supporting structure a small sign box; as well as a sign which is located below the minimum clearance of 2.44 metres. It is recommended that a condition of variance approval be that the existing sign be made to comply by having the sign box within the 2.44 m clearance removed. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 2010, advising that the sign should stay wholly on private property and clear of any easements/utilities. Mr. McColl recommended a condition in addition to those recommended by staff: that the portion of the sign containing automated changing copy be limited to 3' in height and 8' in width. He also noted of his concern about automatic changing copy being lit late at night. He asked Mr. Weiss to ask the owner to turn off the changing copy at 11 p.m. or midnight. He stated that he realized that turning off the changing copy could not be a condition, as it can not be enforced; however, he would like the owner to be asked to do so. Mr. Weiss advised that he has no objection to the conditions recommended by staff and no concerns with Mr. McColl's recommended condition respecting the size of the automatic changing copy portion of the sign. With respect to turning off the changing copy portion of the sign, Mr. Weiss suggested that it be turned off between 1 a.m. and 6 a.m., and Mr. McColl advised that those hours would be acceptable to him. COMMITTEE OF ADJUSTMENT 42 OCTOBER 19, 2010 2. Submission No.: SG 2010-023 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. Bob McColl That the application of Trujay Holding Ltd requesting permission to replace an existing ground supported sign with a new one that will include automatic changing copy; to be located 13m (42.65') from a residential zone rather than the required 150 m (492.12'), on Part Lot 16, Plan 1004, being Part 3, Reference Plan 58R-3418, 470 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. 2. The existing ground supported sign that is to remain, shall be made to comply with the Sign By-law by removing any sign/sign boxes located in the 2.44 m clearance area. 3. That the automatic changing copy portion of the replacement ground supported sign shall be limited to 8' in width and 3' in height. 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 10:10 a.m. Dated at the City of Kitchener this 19th day of October, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment