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HomeMy WebLinkAboutAdjustment - 1997-04-15 SIGCOA\1997-04-15-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 15, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. Mr. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator, Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. Zoning 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 1. Submission No. S 7/96 - City of Kitchener, 400 East Avenue, Kitchener, Ontario Re: Part Lots 1-8, Plan 605, Part Lot 45, Plan 672, Lots 119-140, Plan 299, Part Lot 94 Streets and Lanes and Part Lot 98, Subdivision of Lot 12, German Company Tract, 400 East Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Baulk & Mr. B. Stevenson Kitchener Memorial Auditorium 400 East Avenue Kitchener, ON Mr. R. Stewart Neon Products 300 York Blvd. Hamilton, ON CONTRA: Mr. D. Clutton 221 Ottawa Street North Kitchener, ON WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Mr. & Mrs. W. Adams 206 Ottawa Street North Kitchener, ON Arwed Pietrek 209 Ottawa Street North Kitchener, ON Neighbourhood Petition The Committee was advised that the applicant is requesting permission to erect a pylon sign, having automatic changing copy, on a property zoned Residential. The sign by-law does not permit automatic changing copy signs within 150 m (492.13 ft.) of a Residential Zone. COMMITTEE OF ADJUSTMENT 6 APRIL 15, 1997 The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to erect a pylon sign, having automatic changing copy, on a property zoned Residential. The sign by-law does not permit automatic changing copy signs within 150 m (492.13 ft) of a Residential zone. 1. Submission No. S 7/96 - City of Kitchener - cont'd The proposed sign will be located at the Ottawa Street entrance of the Kitchener Auditorium Complex. The entrance way to the facility, as well as the residential lots fronting Ottawa Street are zoned Residential-4 in accordance to Bylaw 85-1. The remainder of the facility's lands are zoned Major Institutional I-3. The Complex is requesting a sign which will have digital display boards to advertise upcoming events as well as two changeable copy advertising panels on each sign face to advertise various products. The Ottawa Street entrance is seen as being the best location for the sign as Ottawa Street is a primary arterial road and as such accommodates high volumes of traffic. The remaining entrance ways to the facility receive limited traffic flow and are therefore not as desirable as the proposed location. The sign will be positioned perpendicular to the street so that vehicles travelling along Ottawa Street will be able to read the message. The sign is appropriate for the facility given its size as well as the diversity of the activities that occur at the facility. The changeable copy allows them greater flexibility in advertising these activities. The applicant has also indicated their intent to dim the sign at night to lessen the visual impact on the neighbouring properties. The pylon sign itself complies with all other regulations of the sign by-law. Based on the above, it is the opinion of staff that the sign will not negatively impact the neighbouring properties and that the variance requested is minor in nature and meets the general intent of the sign by- law. The Department of Planning & Development recommends approval of the requested variance as applying to the sign drawing and Iocational plan submitted by the applicant. The applicant should also be aware that a sign permit is required and approval from the Ministry of Transportation may also be necessary. The Committee noted the comments of the Traffic & Parking Division in which they noted the sign location must not obstruct sight lines for motorists using the adjacent Auditorium Complex driveway. The Committee noted the comments of the Engineering Division, Region of Waterloo, in which they advised that, at this location, Ottawa Street has an existing road allowance width of 66 ft. and a designated road allowance width of 86 ft.; therefore, a 10 ft. road widening is required from this property. Although it may not be appropriate to require a 10 ft. road widening under this application, the sign must be placed back far enough from Ottawa Street that, at such time as the road widening is acquired, the sign will not create an encroachment. The Committee considered the written submissions of Joyce and Williams Adams and Arwed Pietrek in opposition to this application. There were several residents in attendance in the gallery and the Chairman explained to all present that this Committee would not be making the final decision on the application but would be making a recommendation to City Council who would make the final decision. Further, City Council would consider this matter at their meeting scheduled for Monday April 28, 1997. The Chairman then recognized those neighbours in attendance and asked if the group had a spokesman and Mr. D. Clutton came forward and advised that he had been chosen to speak for the group. Mr. K. Baulk, Manager, Kitchener Memorial Auditorium Complex, addressed the Committee and explained the purpose of the sign. He advised that it will contain a changeable message portion which COMMITTEE OF ADJUSTMENT 7 APRIL 15, 1997 will advertise what is on at the Auditorium and will have tri-portion advertising below. Mr. Baulk further advised that they held an open house approximately 1 year ago and invited the neighbours, so that they could be aware of the proposal. There were comments from the neighbours on the size of the sign and it was subsequently reduced. There were also concerns raised about the dispersal of light from the sign. To alleviate this concern, the sign has a timing feature with the curfew 1. Submission No. S 7/96 - City of Kitchener - cont'd proposed for approximately 11 p.m., so that the changeable message will cease and only the time and temperature will be displayed. Mr. Baulk advised that the Auditorium wishes to be a good neighbour and has tried to take into consideration the concerns of the neighbourhood. There was a discussion on the limit of the residential zone on the Auditorium property and Mr. R. Morgan confirmed that, to the depth of the houses on Ottawa Street, the Auditorium property is zoned residential. The Committee also questioned whether the fence on the Ottawa Street frontage of the Auditorium property signifies the limit of the Ottawa Street right-of-way and Mr. Baulk indicated that he thought that that was so. The Chairman then questioned whether the Committee has jurisdiction to deal with the matter if pylon signs were not permitted in Residential Zones. He then clarified with Mr. Baulk that the proposed pylon sign would be no closer to Ottawa Street than the existing fence and that the sign would be 18.5 ft. high and Mr. Baulk confirmed that that was so. The Chairman then referred to the comments of the Engineering Department, Region of Waterloo, which stated that the sign must be setback a minimum of 10 ft. from the edge of the existing road allowance so as not to create an encroachment on the right-of- way after the road widening is taken. In that case, the Chairman noted that the sign would have to be setback a minimum of 18 ft. from the present road allowance so that no part of the sign would encroach into the widened right-of-way. Mr. R. Morgan stated that the sign by-law has a clause which permits public service signs in any zone as long as they meet the size requirement. The Chairman then advised that he had visited the site the previous Saturday afternoon. He spoke of the trees on the adjacent property and noted that a car driving along Ottawa Street from the expressway would not be able to see the sign if it was properly located. Mr. W. Dahms questioned Mr. Baulk with respect to the curfew and he advised that it would be 11:30 p.m. Mr. Dahms then questioned whether the Ministry of Transportation had been contacted and whether the sign could be located closer to the expressway. Mr. Baulk advised that the Ministry will not allow changeable copy signs any closer to the expressway than this is proposed to be. Ministry staff have visited the site and deemed the proposed location acceptable. Mr. R. Stewart of Neon Products was in attendance and advised the Committee on the technology of the sign. Mr. D. Clutton, 221 Ottawa Street North, addressed the Committee on behalf of himself and the other neighbours in attendance and submitted a neighbourhood petition, containing 61 signatures, in opposition to this application. Mr. Clutton also submitted photographs of the area. He advised that an opinion had been obtained that the value of the surrounding homes would depreciate between $10,000 - $20,000 with the erection of this sign. The sign would also impact the view from the neighbourhood homes. Further, the trees on the property must be cut and severely trimmed to accommodate the sign. Mr. Clutton stated that, with the volume of traffic and speed of cars on Ottawa Street, the sign will distract the drivers and traffic accidents have already increased in this area. Mr. Clutton advised that the Auditorium already has four locations from which they advertise and he requested that the Committee refuse this application. Mr. S. Kay then questioned the Ministry of Transportation requirements and placing the sign closer the expressway. Mr. R. Morgan confirmed that they do require a permit and they are much stricter on the location of changeable copy sign. Mr. B. Adams of 206 Ottawa Street North, addressed the Committee advising the sign would be approximately 50 ft. to 60 ft. away from his home; further, there is already a large light at the back of the Auditorium which shines into his home. COMMITTEE OF ADJUSTMENT 8 APRIL 15, 1997 Mr. W. Dahms advised that he has concerns with this application, particularly with respect to the location of the sign relative to the neighbouring houses. 1. Submission No. S 7/96 - City of Kitchener - cont'd He stated that this Committee must consider the impact on the neighbourhood. He noted that staff advised that the sign will not impact the neighbourhood but the neighbours say it will. He also noted the provision in the by-law to permit public service signs anywhere and questioned whether this sign was in fact a public service or more like a business run by the City. Mr. D. McKnight stated that he lives in the area and was circulated with Notice of this application. It was his opinion that the variance was not minor. In this situation there are two major roads, Ottawa Street and Weber Street and also the expressway ramp. There is also a fire station close by with emergency vehicles using these roads. He was concerned that the sign would district drivers who travel on Ottawa Street. Mr. J. Gothard advised that he felt that the variance requested was not minor and not appropriate development because of its impact on the neighbourhood. He also felt that it did not maintain the general intent of the by-law. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of the City of Kitchener requesting permission to erect a pylon sign with changeable copy on lands zoned residential contrary to the City of Kitchener Sign Bylaw on Part Lots 1-8, Plan 605, Part Lot 45, Plan 672, Lots 119 - 140, Plan 299, Part Lot 94 Streets and Lanes and Part Lot 98, Subdivision of Lot 12, German Company Tract, 400 East Avenue, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that: 1. The variance approved in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is not being maintained on the subject property. Carried NOTE: Subsequent to the Committee of Adjustment meeting of April 15, 1997 and prior to the Council meeting scheduled for April 28, 1997, the applicant withdrew the application and the Committee's recommendation was not forwarded to City Council. ADJOURNED On Motion, the meeting adjourned at 9:45 a.m. Dated at the City of Kitchener this 15th, day of April 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment