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HomeMy WebLinkAboutAdjustment - 1997-07-15 SIGCOA\1997-07-15-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 15, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. OFFICIALS PRESENT: Mr. J. Willmer, Intermediate Planner, Mr. R. Morgan, Co-ordinator Zoning Administration 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 The Chairman explained that the Committee's decisions with respect to Sign Variances are not final, but recommendations to City Council. He advised all those present that the Committee's recommendations for Submission No.'s S 4/97, S 5/97 and S 6/97 would be forwarded to the City Council meeting scheduled for Monday August 18, 1997, at 7:00 p.m. and they may appear at the Council meeting if they wish. 1. Submission No. S 4/97 - Avila Investments Ltd., 232A Guelph Street, Suite 206, Geor.qetown, Ontario Re: Block H, Registered Plan 1221, 114 Courtland Avenue East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. T. Patterson Acme Neon Signs 149 A Thames Road West Exeter, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to expand the existing pylon sign in order to advertise a new use on the property. The overall height of the pylon sign will be 9.39 m (30.33 ft.) rather than the permitted 7.5 m (24.69 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to expand the existing pylon sign in order to advertise a new use on the property. The overall height of the pylon sign will be 9.39 m (30.33 ft.) rather than the permitted 7.5 m (24.69 ft.). The proposed extension to the sign will advertise a new free standing restaurant which will be located within the existing plaza parking lot. As the existing sign is already at the maximum height allowed by the by-law there is no way to add to the sign without the need for a variance. In addition, there are few effective locations remaining on the site for an additional pylon sign and as the existing sign is in the most desirable location it is preferable to add another panel to it. COMMITTEE OF ADJUSTMENT 15 JULY 15, 1997 The general intent of the 7.5 m maximum height restriction for pylon signs is to ensure a consistent streetscape with regards to signage as well as to ensure that signs do not become disproportionate with the size of the lot they are located on. In this regard, the additional 1.89 meters being added to the 1. Submission No. S 4/97 - Avila Investments Ltd. - cont'd subject sign is not significant enough to adversely impact the streetscape, nor would it create a sign that would appear to be visually disproportionate with the 1.30 ha. site. Additionally, the proposed sign complies with all other regulations for pylon signs. It is the opinion of staff that the requested variance to the sign by-law is minor in nature and the general intent of the by-law is being maintained. Accordingly, approval is recommended for Submission S 4/97 only as it relates to the signage as proposed in this application. The Committee considered the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed additional signage on the existing pylon sign. The Committee noted the comments of the Director of Building & Inspections in which he advised that a permit is required for the new sign. He also advised that a sign structure that exceeds 7.5 m in height must be designed by an architect or professional engineer. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with the application provided there are no visibility problems and the sign is not located on the Regional right-of-way. The Committee considered the comments of the Grand River Conservation Authority in which they advised that they have no objection to the expansion of the existing pylon sign. The Chairman commented that this is an imposing sign, considering that the plaza is one storey in height and that the property is surrounded by residential development and open space. He pointed out the comments of the Director of Building & Inspections and questioned Mr. Patterson as to how he could meet this requirement. Mr. Patterson responded that he was prepared to get an architect approval for the plans. With respect to the existing foundation and pole, Mr. Patterson advised that the foundation would be x-rayed and the poles would be checked by a professional engineer. Mr. S. Kay questioned the increase in height for the sign and Mr. Patterson advised that it will be an additional 1.6 m in height. Mr. A. Galloway advised that he is familiar with this area and the residential units back onto this property and are hidden by the building. He recommended that the application be approved, subject to the Building and Inspections recommended condition. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of the Avila Investments Ltd. requesting permission to increase the height of the existing pylon sign to 9.39 m (30.23 ft.) rather than the permitted 7.5 m (24.69 ft.) on Block 8, Registered Plan 12.21, 1144 Courtland Avenue East, Kitchener, Ontario BE APPROVED subject to the following condition: That, prior to erecting the sign addition, the owner shall receive approval of a permit from the City of Kitchener and the sign shall be designed by an architect or professional engineer. 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 COMMITTEE OF ADJUSTMENT 16 JULY 15, 1997 Submission No. S 5/97 - Shell Canada Limited, 45 Vogell Rd., Suite 500, Richmond Hill, Ontario Re: Part Lots 23 & 24, Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Dowell 223-1140 Burnamthorpe Rd. West Mississauga ON CONTRA: Mr. R. McColl 22 Edgehill Drive Kitchener ON Mr. R. McNichol 5 Edgehill Drive Kitchener ON WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to erect a pylon sign with a clearance of 1.03 m (3.38 ft) between the bottom of the sign and the start of the copy rather than the required 2.44 m (8 ft). 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 with a clearance of 1.03 m (3.38 ft) between the bottom of the sign and the start of the copy rather than the required 2.44 m (8 ft). A pylon sign is defined as a free-standing sign which is anchored in the ground, and which has its sign face at least 2.44 m (8 ft) above finished grade. Additionally, the by-law states that a pylon sign must set back a minimum distance of 0.4 m (16 inches) from any lot line. The intent of this regulation is to allow for unobstructed vehicular ingress and egress to the commercial sites. The applicant proposes to lower this clearance to approximately half of what is permitted to provide advertising, as shown on the submitted sign drawing, for the Shell gas bar, car wash, Select Food Stores (a tenant) and a "third party". The applicant has advised staff that the "third party" will be A & W, another tenant of the property. The applicant proposes to set the sign 2.05 m (6.7 ft) from the King Street lot line rather than the permitted minimum setback of 0.4 m (16 inches). Staff note that the Traffic Division's comments state that to provide optimal sight distance from the existing driveway on the abutting property, it is recommended that the proposed sign be located at least 3 metres, or more, from the King Street property line. Providing the sign is setback at least 3 metres, as noted above, it is the opinion of staff that in regards to the multiple uses of the lot (Shell gas bar and car wash, Select Food Stores and A&W) the sign is not excessively large in area. In addition, the pylon sign would not appear to be visually inappropriate given the commercial development of the surrounding area. It is also noted that considering the 3 metre setback the sign would not appear to pose a visibility problem for vehicles exiting the abutting site. It is noted by Development staff that setting the sign at least 3 metres back from the lot line would be appropriate as the visual impact of the sign would be lessened by placing it further back from the King Street property line. The proposed sign complies with all other regulations of the by-law. COMMITTEE OF ADJUSTMENT 17 JULY 15, 1997 2. Submission No. S 5/97 - Shell Canada Limited - cont'd Based on the above, and taking into consideration the opinion of the Traffic Division, it is the opinion of staff that the variance is minor in nature and the general intent of the sign by-law is being met providing the sign is setback at least 3 metres. The Committee considered the comments of the Traffic & Parking Division in which they advised that, in order to provide optimal sight distance from the existing driveway on the abutting property, it is recommended that the proposed sign by located at least 3 m or more from the King Street property line. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with the application provided that there are no visibility problems and this sign is not located on a Regional right-of-way. At the invitation of the Chairman, Mr. McColl advised that he has concerns about visibility, if the sign is lowered to the proposed height. He stated that cars coming off the 401 travel too fast and have approximately 3 seconds travelling time from the off-ramp to the Shell station. The sign will block the visibility for these cars of vehicles coming out of the Shell station. He felt this sign should be at the required distance. Mr. McNichol addressed the Committee advising that there are many tankers using Gateway Drive and it is a dangerous corner. He stated that he is opposed to anything that would impede visibility. Mr. Dowell then addressed the Committee advising that Shell Canada has the opportunity to build on this site. He stated that the 3 m setback requested by staff is greater than the by-law requires and should look after the visibility concerns. Mr. Dowell then provided the Committee members with a colour rendition of the proposed sign, which was also shown to the objectors. Mr. W. Dahms noted the big box stores in this area and that one needs a good eye just to see Gateway Drive. He stated that this is developing into a significant intersection and questioned staff has to how traffic is dealt with at that point. Mr. Morgan stated that the 3 m setback requested by the Traffic & Parking Division will look after this concern. He advised that he had no knowledge of traffic flow. Mr. Dowell stated that the sign will be located 63 m from the intersection and the daylight triangle has already been dedicated, through the site plan application. When questioned by the Committee, Mr. Dowell advised that the sign will be located 7.5 m from the street. Mr. W. Dahms questioned the special need to have less distance and Mr. Dowell responded that it will allow the overall height of the sign to stay within the by-law requirements. Mr. Dahms then stated that he was not totally convinced that the sign will cause a problem. He recommended that the application be approved, subject to the condition that it be setback 3 m from King Street. Mr. S. Kay questioned the neighbours as to whether the sign would be better if moved farther west. Mr. McColl responded that he didn't see any place west to put a sign. Mr. McColl stated that if this was not the main connection to Western Ontario, it would not be so bad. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Shell Canada Limited requesting permission to erect a pylon sign with a clearance of 1.03 m (3.38 ft.) between the bottom of the sign and the start of the copy rather than the required 2.44 m (8 ft.) on Part Lots 3 and 4, Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario BE APPROVED, subject to the following conditions: 2. Submission No. S 5/97 - Shell Canada Limited - cont'd 1. That the proposed pylon signs shall be located no closer than 3 m (9.85 ft.) to the property line COMMITTEE OF ADJUSTMENT 18 JULY 15, 1997 along King Street. 2. That the variance as approved in this application shall apply to the proposed sign only as shown on the plan submitted with this application. It is the opinion of this Committee that: The variances approved in this application are 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) are being maintained on the subject property. Carried Mr. S. Kay stated that he wished it to be recorded that he is opposed to this recommendation. 3. Re: Submission No. S 6/97 - City of Kitchener, 200 King Street West, Ontario Kitchener, Part Block A, Registered Plan 1295, Part Lots 4, 5, 13 & 15, Registered Plan 793 and Part Lot 27, Registered Plan 404, 10 Chopin Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. J. Clark Victoria Hills Community Centre 10 Chopin Drive Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to increase the size of their existing ground sign to include a sign box which will allow changeable copy. the sign would have an overall height of 3.35 m (11 ft.) rather than the permitted 3 m (9.85 ft.) and an area of approximately 6 m2 (64.59 sq. ft.) rather than he permitted 4 m2 (43.06 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the Victoria Hills Community Centre is requesting permission to increase the size of their existing ground sign to include a sign box which will allow changeable copy. The sign would have an overall height of 3.35 m (11 ft) rather than the permitted 3 m (9.85 ft) and an area of approximately 6 sq.m. (64.59 sq.ft.) rather than the permitted 4 sq.m. (43.06 sq.ft.). After discussion with the applicant, staff note that the width of the existing sign has been confirmed as being 2.97 sq.m. (9.75 ft). This results in the area of the existing sign being approximately 5.43 sq.m. (58.5 sq.ft). Consequently, the addition of the sign box, with an area of 1.88 sq.m. (20.25 sq.ft), results in the total proposed sign area being approximately 7.31 sq.m. (78.69 sq.ft). Staff recommend that this variance be amended to permit the sign to have an area of approximately 7.31 sq.m. rather than the permitted 4 sq.m. 3. Submission No. S 6/97 - City of Kitchener - cont'd Although the existing 3 m (9.85 ft) sign height meets the current sign by-law regulation, the applicant COMMITTEE OF ADJUSTMENT 19 JULY 15, 1997 wishes to have the sign raised so that the proposed sign box will be elevated 0.6 m (2 ft) above grade, bringing the height to 3.35 m (11 ft). This is to permit the sign box to be clearly visible and to be free of obstructions such as snow and landscaping. Staff note that the sign is located behind the 6 m (20 ft) building line from both Westmount Road and Chopin Drive and therefore will be set well back from the corner visibility triangle. Consequently, it is staffs opinion that the sign height and sign area are not excessive when the total area of the property is taken into account. The proposed sign addition would not appear to pose a visibility problem. According to staff of the Traffic Division, there are no concerns regarding visibility for the proposed alteration to the existing sign. Based on the above comments, it is the opinion of staff that the variance is minor in nature and the general intent of the sign by-law is being met. The Department of Planning and Development recommends approval of the variance, as amended, applying to the sign drawing as submitted by the applicant. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposal to increase the height of the existing signs. The Committee noted the comments of the Regional Municipality of Waterloo in which advised that they have no concerns with the sign provided that they are no visibility problems and the sign is not located on a Regional right-of-way. The Committee questioned whether the location of the proposed sign is the same of that of the existing sign and Ms. Clark responded that it is. The Committee questioned whether Ms. Clark wished to amend the application in accordance with the Planning Department comments and Ms. Clark requested that the application be amended accordingly. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of the City of Kitchener requesting permission to alter the existing ground sign, to add a sign box which will allow changeable copy, to have a total height of 3.35 m (11 ft.) rather than the permitted 3 m (9.85 ft.) and an area of 7.31 m2 (78.69 sq. ft.) rather than the permitted 4 m2 (43.06 sq. ft.) on Part Block A, Registered Plan 1295, Part Lots 4, 5, 13 & 15, Registered Plan 793 and Part Lot 27, Registered Plan 404, 10 Chopin Drive, Kitchener, Ontario BE APPROVED subject to the following condition: That the variance as approved in this application shall apply to the proposed sign only as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variances approved in this application are 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) are being maintained on the subject property. Carried ADJOURNED COMMITTEE OF ADJUSTMENT 20 JULY 15, 1997 On Motion, the meeting adjourned at 9:45 a.m. Dated at the City of Kitchener this 15th, day of July 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment