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HomeMy WebLinkAbout2014-08-19 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 19, 2014 MEMBERS PRESENT: Messrs. A.Head and B. McColl and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. B. Bateman, Senior Planner, Mr. S. Bassanese, Urban Designer, Mr. D. Pimentel, Traffic Technologist; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. S. Delaney, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 9:50 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider an application regarding a variance to the City of Kitchener Sign By-law. The Committee will not make a decision on this application 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, September 15, 2014 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 2014-004 Applicant: JDJ Management Inc. Property Location: 4391 King Street East Legal Description: Lots 17 to 19, Plan 850 Appearances: In Support: B. Alger Contra: None Written Submissions: None This application was before the Committee at its meeting held July 15, 2014 at which time no one appeared in support of the application. The application was deferred to today’s date to allow an opportunity for the applicant to attend in support of their application. The Committee was advised that the applicant is requesting permission to legalize an existing sign painted on the façade of a building whereas the By-law does not permit signs to be painted on a building. The Committee considered the report of the Planning Division, dated June 30, 2014, advising that the subject property is located at the intersection of King Street East and Baxter Place and is developed as a commercial plaza with two buildings. The zoning is C-6 in by-law 85-1 with an official plan designation of Service Commercial. The applicant is requesting a minor variance for permission to legalize an existing sign painted on the building whereas section 680.3.14 of the sign by-law does not permit signs to be painted on buildings. In considering the requested variance to the Sign By-law, Planning staff offer the following comments. Section 680.3.14 of the sign by-law prohibits signs from being painted on buildings. The intent of this regulation is to prevent businesses from having signs painted on the walls of their buildings that cannot be easily maintained, removed or replaced. However the sign has existed COMMITTEE OF ADJUSTMENT - 11 - AUGUST 19, 2014 1. Submission No.: SG 2014-004 (Cont’d) for several months and its location at the rear portion of the interior of the building does not have a negative impact on the public realm or surrounding neighbourhood. It can also be easily painted over in the event a new business occupies the building. The applicant had the sign painted with UV coating which will allow the signs facade to last longer than if it were designed as a vinyl sign. The UV coating will help to maintain the quality workmanship and will require very minimal maintenance. Staff is of the opinion that the wall painted sign will not adversely affect the surrounding neighbourhood, and it will require minimal upkeep therefore making the wall painted sign appropriate for the subject property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 3, 2014, advising they have no concerns with this application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JDJ Management Inc. requesting permission to legalize an existing sign painted on the façade of a building whereas the By-law does not permit signs to be painted on a building, on Lots 17 to 19, Plan 850, 4391 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City’s Planning Division for the proposed ground supported 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried This meeting temporarily recessed at 9:51 a.m. and reconvened at 10:00 a.m. with all members present. NEW BUSINESS 1. Submission No.: SG 2014-005 Applicant: Perimeter Development Corp. Property Location: 305 King Street West Legal Description: Part Lots 8 and 9, Plan 375 Appearances: In Support: M. Brown Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a ground supported sign on a property Zoned D1, whereas the By-law does not permit ground supported signs in a D1 Zone; permission for a sign to be located 0m from the lot line rather than the required 0.4m (1.312’); and, for a sign to be located within the 7.5m (24.606’) Corner Visibility Triangle (CVT), whereas the By-law does not permit signs within the CVT unless they have a 2.44m (8’) clearance from grade. The existing ground supported sign will be removed. COMMITTEE OF ADJUSTMENT - 12 - AUGUST 19, 2014 1. Submission No.: SG 2014-005 (Cont’d) The Committee considered the report of the Planning Division, dated August 8, 2014, advising that the subject property is located at the intersection of King Street West and Water Street South and is developed with a commercial building. The subject property is designated as Retail Core in the City’s Official Plan and zoned Retail Core Zone (D-1) in by-law 85-1. The applicant is requesting a minor variance for permission to locate a ground supported sign in a D-1 Zone whereas the By-law does not permit ground supported signs in a D-1 Zone; Permission to have a 0 metre set back from the lot line rather than the required 0.4 metre (1.31 feet); and for a ground supported sign to be located inside the 7.5 metre (24.60 feet) corner visibility triangle with a 0 metre height clearance whereas the by-law does not permit ground supported signs in the corner visibility triangle unless they have a height clearance of 2.44 metres (8.005 feet). In considering the requested variance to the Sign By-law, Planning staff offers the following comments. Ground supported signs are not permitted in the D-1 Zone, however, the proposed ground supported sign is replacing an existing ground supported sign on the property that has been used by current tenants to advertise their businesses. The proposed sign will be more modern and more appropriate for the subject property and will not have negative impact on the property or the surrounding neighbourhood therefore making it appropriate. The applicant is proposing the ground supported sign to have a 0 metre set back from the lot line rather than the required 0.4 metre (1.31 feet) setback. The intent of the 0.4 metre (1.31 feet) setback in the sign by-law is to maintain there is some set back from the property line to ensure that signs are not constructed right on the lot line. However the D-1 zoning allows buildings to have a 0 metre setback from the lot line and therefore a 0 metre setback for the proposed ground supported sign at the subject property is also appropriate. Additionally, allowing the sign to have a 0 metre setback from the property line will allow the patio area that the sign is to be located in to be cleaner, and easier to maintain. The proposed sign is to be 1.52 metres (4.98 feet) in length, 3.5 Metres (11.48 feet) in height and is proposed to be located inside the 7.5 metre (24.60 feet) corner visibility triangle with a 0 metre height clearance. The sign by-law requires all ground supported signs in the corner visibility to have a height clearance of 2.44 metres (8.005 feet). The intent of the corner visibility triangle regulation in the sign by-law is to allow for pedestrian and vehicles views to be unobstructed by ground supported signs. However the proposed sign is replacing an existing sign that is approximately the same size and is currently located within the corner visibility triangle that has a 0 metre clearance. The proposed ground supported sign will not be a changing copy sign and will therefore not be a distraction to traffic. Based on the proposed location of the sign and the setback from the street the proposed sign does not affect pedestrian or vehicle visibility. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 2014, advising they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Perimeter Development Corp. requesting permission to install a ground supported sign on a property Zoned D1, whereas the By-law does not permit ground supported signs in a D1 Zone; permission for a sign to be located 0m from the lot line rather than the required 0.4m (1.312’); and, for a sign to be located within the 7.5m (24.606’) Corner Visibility Triangle (CVT) with a 0m clearance, whereas the By-law does not permit signs within the CVT unless they have a 2.44m (8’) clearance from grade, on Part Lots 8 and 9, Plan 375, 305 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City’s Planning Division for the proposed ground supported sign. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. COMMITTEE OF ADJUSTMENT - 13 - AUGUST 19, 2014 1. Submission No.: SG 2014-005 (Cont’d) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 3. Submission No.: SG 2014-006 Applicant: FC Domaine Holdings (Ontario) Corporation Property Location: 569-589 Fairway Road South Legal Description: Part Lots 4 and 6, Plan 1525, being Part 2 on Reference Plan 58R-1384 Appearances: In Support: N. Michael Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to install a new ground supported sign with a separation distance of 32.965m (108.15’) to another ground supported sign on the same property rather than the required 50m (164.04’). The Committee considered the report of the Planning Division, dated August 8, 2014, advising that the subject property is located on Fairway Road South between Manitou Drive and Wilson Avenue. The subject property is developed as a commercial plaza with two existing ground supported signs. The zoning is C-8 with special regulations 297R, 297R and 112U in by-law 85- 1 with an official plan designation of Primary Node. The applicant is requesting a minor variance for permission to locate a new ground supported sign with a separation distance of 32.965 metres (108.15 feet) to another ground supported sign on the same property whereas Section 680.11.13 of the sign by-law requires a 50 metre (164.04 feet) separation distance between ground support signs on the same property. In considering the requested variance to the Sign By-law, Planning staff offers the following comments, 569 Fairway Road South and 589 Fairway Road South were formally separate properties. Recently the properties merged on title which changed the separation distance requirements for ground supported signs. The applicant is seeking relief from Section 680.11.13 of the sign by-law which requires a 50 metre (164.04 feet) separation between ground supported signs on the same property. The intent of the 50 metre separation distance of signs on the same property is to regulate the number of signs on one property. The 50 metre separation distance between signs on a property ensures signage does not dominate the street scape. However, the site plan submitted to planning staff shows the property will have three ground supported signs on the property once construction has been completed. The property has a total frontage of 166.429 metres (546.026 feet) which makes the number of ground supported signs on the property acceptable based on the size of the property. Based on the size of the property, and the total number of signs proposed, the reduction of the separation distance between ground supported signs is appropriate. The proposed location of the new ground support sign will be located near the entrance of the retail building and restaurant building that is to be constructed on the property. Allowing the sign to be located in front of the new businesses will permit the businesses to effectively advertise their location. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 2014, advising they have no concerns with this application. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT - 14 - AUGUST 19, 2014 2. Submission No.: SG 2014-006 (Cont’d) That the application of FC Domaine Holdings (Ontario) Corporation requesting permission to install a new ground supported sign with a separation distance of 32.965m (108.15’) to another ground supported sign on the same property rather than the required 50m (164.04’), on Part Lots 4 and 6, Plan 1525, being Part 2 on Reference Plan 58R-1384, 569 and 589 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City’s Planning Division for the proposed ground supported sign. 2. That the owner shall ensure that the sign complies with all other regulations of the Sign By-law. 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 19th day of August, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment