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HomeMy WebLinkAboutAdjustment - 2004-02-10 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 10, 2004 MEMBERS PRESENT: Ms. D. Angel, and Messrs. P. Britton and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner, and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Britton, Chair, called this meeting to order at 9:35 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, March 8, 2004, 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.: Applicant: Property Location: Leqal Description: SG 2004-001 Tony Phung 387 - 397 King Street East Part Lots 17 & 18, Plan 364 and Part Lot 19, Plan 365 Appearances: In Support: Mr. S. Catalano Mr. E. Villamere Mr. J. Valeriote Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to replace an existing billboard sign with a new billboard sign to be located 75 m (246.06 ft.) from a residential zone rather than the required 150 m (492.13 ft.), and 180 m (590.55 ft.) from another billboard sign rather than the required 300 m (984.25 ft.). The Committee noted the report of the Development and Technical Serives Department, dated January 9, 2004, recommending this application be refused. In the report they note that the previous billboard sign at this location has been removed; consequently, the legal non- conforming use of a billboard on this property has ceased. Further, staff advised that new Designed Briefs to indicate the City's design and development expectations in Mixed Use Corridors have been adopted by Council, in principle, and are currently being updated. The Design Briefs support the use of well designed fascia, window, ground, awning, and projecting signs, but do not recommend billboard signs in Mixed Use Corridors. Mr. Sloan reviewed the requested variances, noting this property is located at the entrance of Downtown Kitchener, and there are many issues concerning esthetics in this area of the City. Design Guidelines for Mixed Use Corridors have been approved by Council, in principle. These Design Guidelines and zoning by-law amendments will be considered by City Council this spring. Mr. Sloan also noted that the variance to the separation from the residential zone is half that required in the Sign By-law. Further, the closest billboard to this location is on Charles Street. COMMITTEE OF ADJUSTMENT 3 FEBRUARY 10, 2004 Mr. Valeriote advised that he is solicitor for the applicant. He advised the Committee that there has been a billboard sign, owned by VIACOM on this property for some time. The property owner has decided to switch sign companies, so the previous billboard sign has been removed. He advised that the owner intends to maintain a billboard on this property, and at the time this Application for Minor Variance was submitted, the VIACOM billboard sign was still located on the subject property. He suggested that the legal non-conforming use has not been lost simple because the sign was removed, and that timing is important in determining legal non-conforming use. With respect to the specific variances requested, Mr. Valeriote noted that there is a billboard sign on Charles Street within the required separation distance; however, it does not compound the vision on King Street. Further, although the requested separation distance from a residential zone is proposed to be half that required by the by-law, this sign cannot be seen from the residential zone. With respect to the City's proposed Design Guidelines, Mr. Valeriote offered the opinion that they could be applicable if there had never been a billboard sign on this property before, but should not be applied in this instance. Mr. Catalano, Pattison Outdoor Advertising, advised the Committee that the usual practice when erecting billboard signs in Kitchener is to provide a landscape treatment around the sign, and he is willing to do so should this application be approved. The Chair questioned whether the sign will be removed if the current agreement is not renewed by the owner, and was advised that it will be removed if the agreement is not renewed. The Chair stated that the owner has made an attempt to maintain the legal non-conforming status of a billboard sign on this property, but because of changing companies the original sign has been removed. He questioned whether the sign company would be willing to work with City staff with respect to lighting for the sign and landscaping around the sign, to which the representatives of the sign company agreed. Further questioning revealed that the proposed sign, at 10' by 20', will be slightly smaller than the previous sign. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Tony Phung requesting permission to erect a new billboard sign to be located 75m (246.06') from a residential zone rather than the required 150m (492.13') and 180m (590.55') from another billboard sign rather than the required 300m (984.25'), on Part Lots 17 & 18, Plan 364 and Part Lot 19, Plan 365, 387-397 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the billboard sign as approved in this application shall be 10-15% smaller than the previous billboard sign on this property. That the owner shall received approval from the City of Kitchener for the lighting of the sign. That the owner shall receive approval from the City of Kitchener for a landscape plan showing the landscaping to be installed around the billboard sign, and shall agree to install the landscaping in accordance with the approved plan. 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 COMMITTEE OF ADJUSTMENT 4 FEBRUARY 10, 2004 ADJOURNMENT On motion, the meeting adjourned at 10:00 a.m. Dated at the City of Kitchener this 10th day of February, 2004. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment