HomeMy WebLinkAboutAdjustment - 2003-09-30 SG COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD SEPTEMBER $0, 2005
MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski.
OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer.
Mr. S. Kay, 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 Chapter 680 (Signs) of the City of Kitchener
Municipal Code. 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 20, 2003, at 7:00 p.m., and
the applicants may register with the City Clerk to appear at the meeting if desired.
UNFINISHED BUSINESS AGENDA
Submission No.:
Applicant:
Property Location:
Legal Description:
SG 2003-001
Candevco Property Seven Limited
370 Highland Road West
Lot 88 & Part Lots 86, 89, 90, 91,92 & 96, Registered Plan 786 being
Parts 1-6, Reference Plan 58R-5132, together with a right-of-way
over Part 7, Reference Plan 58R-5132
Appearances:
In Support: None
Contra: None
Public Submissions: None
The Committee was in receipt of a written request from the applicant's agent to defer
consideration of this application until October 21, 2003. The Committee agreed to defer and
refer consideration of this application to its meeting scheduled for Tuesday, October 21,2003,
peremptory.
Submission No.:
Applicant:
Property Location:
Legal Description:
SG 2003-010
Kitchener/Victoria Holdings
871 Victoria Street North
Lot 3 - 6, Registered Plan 929
Appearances:
In Support:
Mr. C. Cluthe
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to erect a pylon sign with
the copy area located 1.52 m (5 ft.) above grade, and no clearance between the bottom of the
copy area and grade rather than providing a clearance of 2.44 m (8 ft.).
COMMITTEE OF ADJUSTMENT 16 SEPTEMBER 30, 2003
2. Submission No.: SG 2003-010 (Cont'd)
The Committee was in receipt of a revised site plan for this application showing a new location
for the pylon sign, in the landscaped area adjacent to Victoria Street, no longer to be located in
the parking lot. Mr. Cluthe requested permission to amend the application to reflect the new
site plan.
The Committee considered the comments of the Development and Technical Services
Department, dated September 22, 2003, recommending approval of the revised application.
Moved by Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of Kitchener/Victoria Holdings requesting permission for a pylon sign with
a sign face located 1.52 m (5 ft.) above grade rather than the required 2.44 m (8 ft.), and to
have the sign face and skirting within the minimum clearance of 2.44 m (8 ft.), on Lots 3 - 6,
Registered Plan 929, 871 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to
the following condition:
That the pylon sign approved in this application shall be located in the landscaped area
as shown on the revised site plan dated September 11, 2003, submitted by 1 Hour
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 680
(Signs) is being maintained on the subject property.
Carried
NEW BUSINESS
Submission No.:
Applicant:
Property Location:
Legal Description:
SG 2003-011
Grand River Hospital
835 King Street West
Cemetery Lot and Part of Lot 285 & Part of Lot 19, Registered Plan
385
Appearances:
In Support:
Mr. M. Dixon
Contra: None
Public Submissions:
Mr. P. Bufe
The Committee was advised that the applicant requests permission to erect two ground signs
along the King Street frontage of the hospital property: first sign to have a height of 6.03 m
(19.78 ft.) rather than the permitted 3 m (9.84 ft.), an area of 15.78 m2 (169.86 sq. ft.) rather
than the permitted 4 m2 ((43.06 sq. ft.), to have moving copy on a sign located within 120 m
(393.7 ft.) of a residential zone rather than the required 150 m (492.13 ft.). The second sign
will have a height of 3.81 m (12.5 ft.) rather than the permitted 3 m (9.84 ft.), an area of 9.97
m~ (107.32 sq. ft.) rather than the permitted 4 m~ (43.06 sq. ft.). Both signs will have a 0 m
setback from King Street rather than the required 3 m (9.84 ft.).
The Committee noted the written submission of Mr. P. Bufe stating his opinion that the
variances are not minor and are beyond the mandate of the Committee.
COMMITTEE OF ADJUSTMENT 17 SEPTEMBER 30, 2003
Submission No.: SG 2003-011(Cont'd)
The Committee considered the comments of the Region of Waterloo Transportation Planner,
dated September 23, 2003, advising that they have no objection to the proposed signs;
however, an encroachment agreement between the Region and the hospital is required for the
proposed sign at the emergency entrance.
The Committee considered the comments of the Development and Technical Services
Department, dated September 29, 2003, advising of 2 additional variances for the proposed
signs: both signs will be located within the 4.5 m driveway visibility triangles, and more than 2
signs in an institutional zone which are accessory to a non-residential use. The comments of
staff recommend approval of the application as amended, subject to the hospital entering into
an encroachment agreement with the Region of Waterloo.
Moved by Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of the Grand River Hospital requesting permission to erect two ground
signs along the King Street frontage of the subject property, as follows:
Sign A: having a height of 6.03 m (19.78 ft.) rather than the permitted 3 m (9.84 ft.), an area of
15.78 m2 (169.86 ft.) rather than the permitted 4 m2 (43.06 sq. ft.), automatic changing copy on
the sign located 120 m (393.7 ft.) from a residential zone rather than the required 150 m
(492.13 ft.), with the sign to be located 0 m from King Street rather than the required 3 m (9.84
ft.), and to be located within the required 4.5 m driveway visibility triangle;
Sign B: to have a height of 3.81 m (12.5 ft.) rather than the permitted 3 m (9.84 ft.), to have an
area of 9.97 m~ (107.32 ft.) rather than the permitted 4 m~ (43.06 sq. ft.), to have a 0 m setback
from King Street rather than the required 3 m (9.84 ft.), and to be located within the required
4.5 m driveway visibility triangle; and
for the hospital property to have more than 2 signs accessory to a non-residential use within an
institutional zone, on Cemetery Lot and Part Lots 19 & 285, Plan 385, 835 King Street West,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the applicant shall enter into an encroachment agreement with the Region of
Waterloo for the proposed sign at the emergency entrance to be partially located within
the King Street road allowance.
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 680
(Signs) is being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Legal Description:
SG 2003-012
Dalimat Investment Limited
700 Strasburg Road
Appearances:
In Support:
Contra:
Mr. M. Zeppieri
Mr. E. Cutone
Mr. M. Byass
Mr. & Mrs. R. Jones
Mr. C. Field
Public Submissions: Neighbourhood Petition
COMMITTEE OF ADJUSTMENT 18 SEPTEMBER 30, 2003
Submission No.: SG 2003-012 (Cont'd)
The Committee was advised that the applicant requests permission to make an addition to the
top of 2 existing pylon signs so each will have a height of 9.91 m (32.5 ft.) rather than the
permitted 7.5 m (25 ft.).
The Committee considered the comments of the Development & Technical Services
Department, dated September 19, 2003, in which they recommend approval of the application.
Mr. Byass addressed the Committee advising that two new pylon signs have been erected on
the property, in compliance with the sign by-law, since the redevelopment of the plaza. The
purpose of this application is to allow for additional sign height which will accommodate
advertisement of the plaza name, and the names of all the tenants on the property. It is the
property owner's intention to eliminate portable / mobile signs on the property should this
application be approved.
Mr. & Mrs. Jones, Mr. Field and the neighbourhood petition spoke against this application,
primarily due to high light levels on the subject property, which will be increased with the
location of a larger than permitted pylon sign on the Strasburg Road frontage of the property.
They noted that with the redevelopment of the plaza property, a wide, lit parking lot now faces
their homes, rather than the building wall and trees which used to be there. The neighbours
advise that the lights from the plaza now shine into their homes, whereas, under the previous
plaza design they didn't have this problem. The neighbours indicated that to allow a pylon sign
of this height on the Strasburg Road frontage of the property will again increase the light level
which shines into their homes.
A discussion then took place with respect to the appropriate time to shut-off the proposed
sign's lighting. Mr. Byass advised that all stores in the plaza, except Shoppers Drug Mart,
close at 9:00 p.m. Shoppers Drug Mart closes at 12:00 midnight. Mr. Byass advised that the
intention was to shut-off lights to the sign at midnight, but the signs could be shut-off earlier,
perhaps 10:00 p.m.
Mr. B. Sloan noted that the peak to be added to the pylon signs is important because it will
give a clear identification to the property, as it is to contain the plaza name, and should include
the property address. The peak should be lit at all times as it provides identification which will
benefit emergency vehicles and public transit.
Mr. Byass advised that the lighting in the sign peak can be controlled separately from the rest
of the sign. He also confirmed that the plaza owners will no longer tolerate mobile
signs on the property.
Moved by Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Dalimat Investments Limited / Frum Developments requesting
permission for two pylon signs to have a height of 9.9 m (32.5 ft.) rather than the permitted 7.5
m (24.61 ft.), to reduce the clearance between the bottom of the sign and grade to 1.52 m (5
ft.) rather than the required 2.44 m (8 ft.), and to increase the sign area to 22.2 m2 (238.97 sq.
ft.) rather than the permitted 20 m2 (215.29 sq. ft.), on Part Block A, Registered Plan 1416,
being Part 1, Reference Plan 58R-2575, 700 Strasburg Road, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
That the applicant shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor and registered on title, which shall include the
management and timing of the lighting of the signs on the Plaza property, and shall also
prohibit mobile / portable signs along the Strasburg Road frontage of the subject
property.
COMMITTEE OF ADJUSTMENT 19 SEPTEMBER 30, 2003
Submission No.: SG 2003-012 (Cont'd)
It is the opinion of this Committee that:
1.
2.
The variance approved in this application is minor in nature.
This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 680
(Signs) is being maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:30 a.m.
Dated at the City of Kitchener this 30th day of September, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment