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HomeMy WebLinkAboutAdjustment - 1997-05-27 SIGCOA\1997-05-27-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER REVISED MINUTES OF THE REGULAR MEETING HELD MAY 27, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, D. McKnight, S. Kay and A. Galloway. Mr. W. Dahms was in attendance for part of the meeting. Mr. J. Willmer, Intermediate Planner, and Ms. D. H. Gilchrist, Secretary- Treasurer. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 680 of the City of Kitchener Municipal Code. The Committee will not make a decision on this application but rather will make a recommendation which will be forwarded to Committee of the Whole and Council for final decision. APPLICATIONS Submission No. S 2/97 - Budd Canada Inc., 1011 Homer Watson Blvd., Kitchener, Ontario Re: Part Lot 31, Registered Plan 1489 & Part Lots 1 & 2, Bechtel's Tract, 1011 Homer Watson Blvd., Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Farley Budd Canada Inc. 1011 Homer Watson Blvd. Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to erect a ground sign, having an area of 4.3 m2 (46.29 sq. ft.) rather than the permitted 3 m2 (32.3 sq. ft.); which will have a height of 2.1 m (6.89 ft.) rather than the permitted 1.5 m (5 ft.), to be located 3 m (9.85 ft.) from the property line along Homer Watson Blvd. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting, permission to erect a ground sign, having an area of 4.3 m2 (46.29 ft.2) ~ 2 rather than the permitted 3 m (32.3 ft. ) which will have a height of 2.1 m (6.89 ft.) rather than the permitted 1.5 m (5 ft.), to be located 3 m (9.85 ft.) from the property line along Homer Watson Blvd. The intent of the height and area regulations for signs located ahead of the building line is to avoid visibility problems for vehicles entering and exiting the facility and also to not adversely affect the existing streetscape. The proposed sign will be located 9.45 m from the entrance and 3.0 m from the property line and therefore won't create a visibility problem for vehicles entering and exiting the facility. In addition, the COMMITTEE OF ADJUSTMENT 10 MAY 27, 1997 request would not adversely affect the existing streetscape as the sign will be located along the 800 m frontage of Budd Canada on Homer Watson Blvd. The visual impact of a 4.3 m2 over that of the permitted 3.0 m2 sign would be negligible. It is the opinion of staff that in regards to the comments above, this request can be considered minor in nature and the general intent of the sign by-law is being maintained. 1. Submission No. S 2/97 - Budd Canada Inc. - cont'd The Department of Planning & Development recommend approval of the variance as requested. The applicant should be aware that upon ratification by City Council a sign permit will also be required. The Committee noted the comments of the Engineering Department, Regional Municipality of Waterloo in which they advised that they have no objection to this application provided that the sign is not located on a Regional right-of-way and does not obstruct visibility. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns regarding the proposed sign. The Committee questioned Mr. Farley as why the company could not comply with the sign by-law. Mr. Farley responded that to comply with the sign by-law would locate the sign close to their internal roadway and would have to be located in asphalt. Further he advised that the sign is to assist visitors to locate the plant and if the sign was to be located in compliance with the by-law this could not be accommodated. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of the Budd Canada Inc. requesting permission to erect a ground sign having an area of 4.3 m (46.29 ft.) rather than the permitted 3 m2 (32.3 sq. ft.) and having a height of 2.1 m (6.89 ft.) rather than the permitted 1.5 m (5 ft.) to be located 3 m (9.85 ft.) from the property line along Homer Watson Blvd. on Part Lot 31, Registered Plan 1489 and Part Lots 1 & 2, Bechtel Tract, 1011 Homer Watson Blvd., Kitchener, Ontario BE APPROVED. 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 The Chairman advised those in attendance that this recommendation would be considered by City Council at its meeting scheduled for Monday June 16, 1997. 2. Submission No. S 3/97 - Canada Post Corporation, 300 Wellington Street, London, Ontario Re: Lots 96-98 & Part Lots 94, 95, 117, 118 & 119, Registered Plan 375 and Part Lot 24, Streets & Lanes, 44 Gaukel Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. P. Porter & Mr. C. Porter Toronto School of Business 120 Ottawa Street North Kitchener, Ontario CONTRA: NONE COMMITTEE OF ADJUSTMENT 11 MAY 27, 1997 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE 2. Submission No. S 3~97 - Canada Post Corporation - cont'd The Committee was advised that The Toronto School of Business is requesting permission to erect 2 ground signs, one on the Gaukel Street frontage and one on the Charles Street frontage of this property. The sign on the Gaukel Street frontage will be setback 1.38 m (4.5 ft.) from the property line. The sign will have a height of 1.3 m (4.5 ft.) and a width of 2.44 m (8 ft.) and an area of 2.23 m2 (24 sq. ft.). The sign on the Charles Street frontage will have a setback from Charles Street of 1.52 m (5 ft.). The sign will have a height of 2.24 m (7.33 ft.) and a width of 2.14 m (7 ft.) and an area of 3.91 m2 (42 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that The Toronto School of Business is requesting permission to erect two ground signs, one on the Gaukel Street frontage and one on the Charles Street frontage of this property. The sign on the Gaukel Street frontage will be set back 1.38 m (4.5 ft) from the property line. The sign will have a height of 1.3 m (4.5 ft) and a width of 2.44 m (8 ft) and an area of 2.23 sq.m. (24 sq.ft.). The sign on the Charles Street frontage will have a setback from Charles Street of 1.52 m (5 ft). The sign will have a height of 2.24 m (7.33 ft) and a width of 2.14 m (7 ft) and an area of 3.91 sq.m. (42 sq.ft.) The sign by-law does not permit ground signs in downtown zones (i.e., D-1 zone). Permissible forms of signage in the D-1 zone are canopy, fascia, projecting, roof and sidewalk signs. The applicant wishes to have the text of the signs to be visible to passing traffic and they note that the owner of the building, Canada Post, does not permit fascia signs on their buildings. Therefore, a ground sign would be the most appropriate form of signage. The sign fronting Gaukel Street runs parallel to the building and the street. If a ground sign were permitted, the height and area of the proposed sign is not excessive for a ground sign. It is noted that the corner visibility triangle as drawn on the submitted sketch erroneously indicates the triangle extending 6 metres (20 ft) from the point of intersection of the lot lines. The Sign By-law states that the corner visibility triangle is 7.5 m (24.6 ft) from their point of intersection. Therefore, a portion of the proposed sign, as shown on the submitted drawing, is located within the corner visibility triangle. Staff request that this application be amended to permit a ground sign within the corner visibility triangle. The proposed sign abutting the Charles Street frontage is larger in height and area. It is designed to accommodate a changeable copy readerboard and it will be constructed perpendicular to the building and street to provide the best visibility to traffic along Charles Street. The sign is 2.14 m (7 ft) wide and 1.5 m (5 ft) from the property line abutting Charles Street. From the drawing submitted, the sign appears to be approximately 0.3 m (1 ft) from the building itself. When the submitted drawing is scaled, it is noted that the sign is to be situated approximately 6.85 m (22.5 ft) from the intersection of the property lines at the corner of Charles and Gaukel Streets. The applicant states that this is the best location because of trees and light poles. Staff note that the sign will be clearly outside the corner visibility triangle. According to staff of the Traffic Division, there are no concerns regarding visibility for either of the proposed signs. Ground signs and pylon signs (i.e. free standing signs anchored in the ground) are generally incompatible with the zero-setback building form typical in the Retail Core. However, a ground sign would be appropriate on the subject property as the building is setback from both Gaukel and Charles Streets and both signs are located on landscaped area that is elevated above the adjacent sidewalks. Consequently, it is the opinion of staff that the variance could be considered minor in nature and the COMMITTEE OF ADJUSTMENT 12 MAY 27, 1997 general intent of the Sign By-law is being met. 2. Submission No. S 3/97 - Canada Post Corporation - cont'd It is noted that there is no survey available for the subject property and it is the responsibility of the applicant to ensure that the signs are properly situated according to location of the lot lines. The Department of Planning and Development recommends approval of the variance, as amended, applying to the two ground signs as shown on the submitted sketches. The Committee noted the comments of the Department of Engineering, Regional Municipality of Waterloo, in which they advised that they have no objection to this application provided that the sign is not located on a Regional right-of-way and does not obstruct visibility. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed ground signs. Mr. W. Dahms entered the meeting at this time. Ms. Porter addressed the Committee advising that they require this variance because Canada Post will not permit signs on the building and the sign by-law will not permit ground signs. The Chairman responded that he had some difficulty in varying the by-law when there is a complete prohibition on ground signs in this area of the City. Mr. W. Dahms questioned why Canada Post does not allow facia signs. Ms. Porter responded that Canada Post does not want it to appear that the building belongs to anyone but them and because Canada's Coat of Arms is on the building. Mr. Dahms replied that, if Canada Post wants to get into this kind of commercial activity, they should have a different set of rules. Mr. D. McKnight stated that he agreed with the Chairman, in that, if the by-law intends anything other than an absolute prohibition on ground signs, it should be stated in the by-law. Mr. W. Dahms put forward a recommendation to refuse the application. Mr. C. Porter then approached the Committee. The Chairman stated that it was important to determine how to maintain the general intent and purpose of the by-law. He advised Mr. Porter that he could appear before Council and object to the Committee's recommendation if he wished. Mr. Porter then addressed the purpose of the by-law, which he felt was to protect other businesses and not to obstruct the view of their signs. He stated that there are no other businesses on that street whose signs would be affected and, in fact, no other businesses on that side of the street. He stated that approval of their application would not cause harm to other businesses. Mr. S. Kay questioned Mr. Porter as to whether he was currently located at this address. Mr. Porter responded that they haven't located at this property yet. He stated that they had been looking for new premises for two years and they need this space for two hundred students, twenty teachers and parking. Mr. Porter advised that the City has asked them to locate in the downtown and they want to be located in the downtown. Further, the close proximity of the bus terminal is crucial for them as they need to be on a main transportation line. Mr. Dahms advised that he made his recommendation for the reasons already stated; however, he thought that the federal government may not be subject to the provisions of the sign by-law and they may wish to investigate that possibility. Mr. S. Kay spoke against the recommendation advising that he is sympathetic to the applicant's position. He advised that his only objection is to the changeable copy portion of the sign because the property is located at an intersection. COMMITTEE OF ADJUSTMENT 13 MAY 27, 1997 2. Submission No. S 3/97 - Canada Post Corporation - cont'd Moved by Mr. W. Dahms Seconded by Mr. D. McKnight That the application of Canada Post Corporation requesting permission to erect two ground signs contrary to the City of Kitchener Municipal Code Chapter 680 (Sign) on Lots 96-98 and Part Lots 94, 95, 117, 118 and 119, Registered Plan 375, and Part Lot 24 Streets and Lanes, 44 Gaukel Street, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that this application does not maintain the general intent and purpose of Chapter 680 (Sign) of the City of Kitchener Municipal Code and is not appropriate development for the property. Carried Mr. S. Kay voted in opposition to this recommendation. The Chairman advised those present that this recommendation will be forwarded to City Council for their meeting scheduled for Monday June 16, 1997 and they may appear before Council at that meeting if they wish. ADJOURNED On Motion, the meeting adjourned at 10:00 a.m. Dated at the City of Kitchener this 27th, day of May 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment