HomeMy WebLinkAboutAdjustment - 2011-03-15 SG COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MARCH 15, 2011
MEMBERS PRESENT:
Messrs. D. Cybalski, B. McColl and A. Lise
OFFICIALS PRESENT:
Ms. K. Anderl, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Mr.
D. Seller, Traffic Technologist, Ms. A. Buitenhuis, Student Planner, 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 10:41 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 March 28, 2011 at 7:00 p.m., and the
applicants may register with the City Clerk to appear at the meeting if desired.
NEW BUSINESS
Submission No.:
1. SG 2011-005
Applicant:
Arrow Lofts
Property Location:
112 Benton Street
Legal Description:
Lots 11 to 20, Plan 398, being Part 1, Reference Plan 58R-15894
Appearances:
In Support: C. Baker
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to erect 8 temporary
sale signs on the construction fencing whereas the Sign By-law prohibits signs on fences; and,
permission to locate 4 temporary fascia, sale signs on the building with no spacing between the
signs rather than the required 0.3 m (.98’) and permission for these fascia signs to cover
architectural features whereas the Sign By-law does not permit signs to cover architectural
features.
The Committee considered the report of the Planning Division, dated March 7, 2011, advising
that applicant is requesting relief from Sections 680.3.14, 680.10.14, and 680.10.15 of the
Kitchener Sign By-law to erect 8 temporary sale signs on the construction fencing whereas the
Sign By-law prohibits signs on fences; and, permission to locate 4 temporary fascia sale signs
on the building with no spacing between the signs rather than the required 0.3 metres (0.98’)
and permission for these fascia signs to cover architectural features whereas the Sign By-law
does not permit signs to cover architectural features.
The intent of Section 680.3.14, which prohibits signs from being attached to fences, is to ensure
an aesthetically pleasing landscape and to ensure that signs will not interfere with the
streetscape. The applicant is requesting relief to permit eight temporary linear signs to be
attached to construction fencing, which will advertise the sale of units within the building. Due
to the fact that the signs are temporary and are necessary to advertise sale of the units, staff
deem this request minor and recommend approval. As the construction fencing is located
COMMITTEE OF ADJUSTMENT MARCH 15, 2011
8
1.Submission No.: SG 2011-005 (Cont’d)
directly adjacent to the street, the recommendation of approval is on the condition that signs are
not to be located in a corner visibility triangle, driveway visibility triangle or lot line visibility
triangle, in accordance with Section 680.3.16 (d).
The intent of Section 680.10.14, which requires a 0.3 metre separation distance between fascia
signs, is to create a more attractive façade by breaking up the signs and allowing different
materials to show between the signs to create interest and variation. The proposed fascia signs
will be mounted on adjacent walls, with their edges touching at the corners. Due to the fact that
the signs are not on the same wall, as well as the fact that they are temporary and will be
removed when the units are sold, Planning staff deem this request minor and recommend
approval. It should be noted that the units are estimated to be sold in approximately 12 months.
The intent of Section 680.10.15, which prohibits signs from covering architectural features such
as windows, is to ensure that signage doesn’t negatively impact the façade of the building it is
attached to. As previously mentioned, the signs would be used to advertise the sale of the units
in the building, and would be removed when the building is occupied. Because the signs are
temporary and will assist with the sale of the units, Planning staff deem this request minor and
recommend approval.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
March 1, 2011, advising that they have no concerns with this application.
Ms. Baker requested permission to amend the application to adjust the number of temporary
signs on the construction fencing from 8 to 9. She stated for clarification that the real estate
signs that will be hung from the building will be hung on 3rd and 4th floors, not 6th and 7th as
depicted in the photos in the staff report. She further advised that she in agreement with the
staff recommendation.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Arrow Lofts requesting permission to erect 9 temporary sale signs on the
construction fencing whereas the Sign By-law prohibits signs on fences; and, permission to
locate 4 temporary fascia, sale signs on the building with no spacing between the signs rather
than the required 0.3 m (.98’) and permission for these fascia signs to cover architectural
features whereas the Sign By-law does not permit signs to cover architectural features, on Lots
11 to 20, Plan 398, being Part 1, Reference Plan 58R-15894, 112 Benton Street, Kitchener,
BE APPROVED
Ontario,, subject to the following conditions:
1. The owner shall obtain a sign permit for the signs approved in this application from the
City’s Planning Division.
2. That the signs shall be removed no later than September 1, 2012.
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.:
2. SG 2011-006
Applicant:
GPM Managed Investments
Property Location:
10 Sportsworld Drive
Legal Description:
Part Lot 8, Beasley’s Broken Front Waterloo Concession,
being Parts 1 to 4, Parts 5 and 20, Reference Plan 58R-16106
COMMITTEE OF ADJUSTMENT MARCH 15, 2011
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2.Submission No.: SG 2011-006 (Cont’d)
Mr. B. McColl declared a pecuniary interest with this application, as he had some financial
interactions with the applicant and did not participate in any discussion or voting with respect to
this application.
Appearances:
In Support: N. Dart
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to erect a ground
supported sign to have a height of 8.46 m (27.75’) rather than the permitted 7.5 m (24.6’) and a
sign area of 24.64 sq. m. (265.23 sq. ft.) per side rather than the permitted 20 sq. m. (215.28
sq. ft.).
The Committee considered the report of the Planning Division, dated March 7, 2011, advising
that the subject property located at 10 Sportsworld Drive is designated in the City’s Official Plan
as Planned Commercial Campus and zoned in the City of Kitchener Zoning By-law 85-1 as
Commercial Campus (C-8) with Special Regulation Provision 449R. The applicant is requesting
relief from Section 680.1.4 of the City’s Sign By-law to erect a ground supported sign having a
height of 8.46 m (27.75’) rather than the permitted 7.5 m (24.6’) and a sign area of 24.64 sq. m.
(265.23 sq. ft.) per side rather than the permitted 20 sq. m. (215.28 sq. ft.).
The intent of the sign height restriction is to ensure that signage does not dominate the
streetscape and that it is compatible with the development on the property. The applicant has
requested relief to allow a sign height which is 0.96 metres above the permitted 7.5 metre
height limit in order to adequately advertise tenants on site. Also, this sign is designed to
harmonize with existing signage on the site. Based on the large scale of the property, this
request is considered minor. It matches the character of the surrounding area and does not
dominate the streetscape.
The intent of the sign area restriction is to control the visual impact of signs on the aesthetics of
the streetscape. An increase of 4.64 sq. metres is considered minor in this situation as a larger
sign meets the character of the subject lands as well as surrounding properties. As previously
mentioned, the large area is required to adequately advertise tenants on site, and to harmonize
with existing signage.
The proposed sign would be within approximately 2.6 metres of a hydro line. Section 680.3.28
of the Kitchener Sign By-law states that signs within 3 metres (9.84 feet) of an electrical
transmission line shall require the approval of Kitchener-Wilmot Hydro Inc.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
March 1, 2011, advising that they have no concerns with this application.
The Committee considered the report of Kitchener Wilmot Hydro, dated February 24, 2011,
advising that they offer the following comments, Ontario Regulation 22/04 establishes safety
standards for power lines and legislates minimum clearances between power lines and signs,
buildings or any other objects. The Electrical Safety Authority has the authority to order the
removal of any sign, building or any object that is placed closer then the prescribed clearances.
The horizontal and vertical clearances include allowances that vary slightly with the design of
the line and must be determined by the power utility. At this location, a sign of the height
proposed in the submission may not be closer then 6.0 metres from the centre line of the
adjacent pole line. The Occupational Health and Safety Act prohibits any worker, scaffolding or
hoisting from approaching within 3.0 metres of a high voltage wire or a power line. The
applicant is responsible for obeying this legislation and may want to adjust the location of the
sign to maintain these clearances and allow for construction and maintenance.
The Chair noted the comments from Kitchener Wilmot Hydro. Mr. N. Dart advised that he has
spoken with Hydro and there is some room to move the location of the sign to ensure it is
complaint with their regulations.
COMMITTEE OF ADJUSTMENT MARCH 15, 2011
10
2.Submission No.: SG 2011-006 (Cont’d)
Moved by Mr. A. Lise
Seconded by Mr. D. Cybalski
That the application of GPM Managed Investments requesting permission to erect a ground
supported sign to have a height of 8.46 m (27.75’) rather than the permitted 7.5 m (24.6’) and a
sign area of 24.64 sq. m. (265.23 sq. ft.) per side rather than the permitted 20 sq. m. (215.28
sq. ft.), on Part Lot 8, Beasley’s Broken Front Waterloo Concession, being Parts 1 to 4, Parts 5
BE APPROVED,
and 20, Reference Plan 58R-16106, 10 Sportsworld Drive, Kitchener, Ontario,
subject to the following conditions:
1. That the owner shall obtain a sign permit for the sign approved in this application from
the City’s Planning Division.
2. That the applicant shall obtain approval from Kitchener-Wilmot Hydro for the location of
the proposed 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 10:07 a.m.
Dated at the City of Kitchener this 15th day of March, 2011.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment