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HomeMy WebLinkAboutAdjustment - 1998-05-12 SIGCOA\1998-05-12-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 12, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and P. Kruse. OFFICIALS PRESENT: Ms. L. Masseo, Intermediate Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called the meeting to order at 9:30 a.m. 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 4/98 - Region of Waterloo - Doon Heritage Crossroads, R.R.#2, Kitchener, Ontario Re: Part Lot 8, Plan 1521, 10 Huron Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Stever National Sign & Awning 2880 King Street East Kitchener, Ontario Mr. T. Reitz Daan Heritage Crossroads 10 Huron Road Kitchener Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to erect a pylon sign at the entrance to the Daan Heritage Crossroads. This property is zoned P-3 - Hazard Land Zone and the Sign By-law does not permit pylon signs in that zone. The Committee considered the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to erect a pylon sign at the entrance to the Daan Heritage Crossroads. This property is zoned P-3 (Hazard Land Zone) and the Sign By-law does not permit pylon signs in this zone. Original consultations with staff indicated that the proposed sign would be a pylon sign, as defined in the Sign By-law. After reviewing the submitted drawings, staff have determined that the sign is actually a free standing ground sign because its sign face is less than 2.44 metres (8 ft) above finished grade. The Sign By-law permits ground signs in Park Zones. However, the proposed ground sign does not comply with various regulations of the by-law and still requires a variance. COk~ITTEE OF ADJUST1MEbIT 13 kiAY 12. 1998 Staff recommend that this variance be revised to request permission to erect a ground sign: a) with a setback from both Homer Watson Boulevard and Huron Road of 1 metre (3.3 ft) rather than the 3 metres (10 ft) setback required from property lines abutting a street, Submission No. S 4/98 - Region of Waterloo - Doon Heritage Crossroads, cont'd b) c) d) a height of 6.1 metres (20 ft) rather than the permitted 1.5 metres (5 ft), an area of approximately 9.9 sq.m. (106.6 sq.ft) rather than the permitted 4 sq.m. (43 sq.ft), and, to be located within the corner visibility triangle. All other regulations of the sign by-law will be met. The applicant has confirmed that two existing ground signs will be removed when this proposed sign is erected. Therefore the ground sign will comply with the by-law in respect to the maximum number of two signs permitted in a park zone. The proposed dimension of the sign, being of greater height and area than allowed at the proposed location, is not out of character for a property of this size. Doon Heritage Crossroads occupies an area of approximately 226,632 sq.m (56 acres) and has frontages of approximately 156 metres (512 ft) along Homer Watson Blvd and 442 metres (1450 ft) along Huron Rd. The intent of the Sign By-law regarding ground signs of the size proposed, to be setback at least 3 metres (9.8 ft) from the all street lines and outside the corner visibility triangle, is to ensure that there are no visibility concerns and that the sign will not cause a distraction to passing vehicular traffic. Staff have concerns regarding the requested variance proposing the location of the sign within the corner visibility triangle. The corner visibility triangle is defined as "the triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 7.5 metres from their point of intersection." The proposed sign is clearly within the triangle and consequently there exists a potential visibility concern for vehicles turning onto Homer Watson Blvd from Huron Rd. The proposed location also does not comply visibility triangle in the Zoning By-law, which states that "no obstruction to visibility, whether from buildings, motor vehicles, landscaping or other impediments shall be permitted within a corner visibility triangle. The purpose being to allow complete view of oncoming motor vehicles and pedestrian traffic by other such traffic enter the intersection." Staff are of the opinion that the variance requests itemized as a), b) and c) above, could be considered minor in nature and the general intent of the Sign By-law as being met. Additionally, the sign is considered appropriate given the size of the lot and nature of the use. However, it is staff's opinion that the request to have the sign inside the corner visibility triangle is not appropriate for the subject site and does not meet the general intent of the Sign By-law. The Department of Planning and Development would support an amendment to a location outside of the corner visibility triangle as this would not pose a visibility concern. It is noted that a survey is not available for the subject property and it is the responsibility of the applicant to ensure that the sign is correctly situated according to the location of the lot lines. The Department of Planning and Development recommends approval of the requested variances to locate the proposed sign 1 metre from a property line abutting a street, a height of 6.1 metres and an area of approximately 9.9 square metres. The Department of Planning and Development recommends refusal of the variance request to locate the proposed sign within the corner visibility triangle. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no concerns with this application. The Committee noted the comments of the Engineering Department, Transportation Division, Region of Waterloo, in which they advised that the applicant is proposing the sign be located 1 m from the property line of both Homer Watson Boulevard and Huron Road. At this location the Region does not have a daylight triangle and therefore, the sign should be placed such that it will not be within the area required for a 25 foot daylight triangle. COM]MITTEE OF ADJUSTMEi~T 14 MAY 12. 1998 1. Submission No. S 4/98 - Region of Waterloo - Doon Heritage Crossroads, cont'd The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed sign provided that it is located outside the daylighting triangle at the Homer Watson Boulevard/Huron Road intersection. Mr. Stever addressed the Committee and advised that he had read the comments of staff and he has no concerns about locating the sign outside the corner visibility triangle. He requested permission to amend the application in accordance with the Planning Department comments. He advised that this is not a huge sign for the size of the property, and basically it is intended to identify the park. When questioned by the Committee, Mr. Stever advised that the sign would be 20 ft. high. The Chairman requested clarification of the zoning designation and clarification of the sign type. Mr. L. Masseo advised that the zoning is hazard land and it is a parkland designation and Mr. R. Morgan advised that because there is less than 8 ft. between the bottom of the sign and the start of the copy, the sign is considered to be a ground sign. It was noted that there are Iogos at the bottom of the sign face and Mr. Stever advised that the Iogos have to do with the sponsorship of the sign. The Chairman then asked Mr. R. Morgan if he would support the sign if it was a pylon sign. Mr. Morgan advised that he would and for all the same reasons. Mr. P. Kruse questioned whether there was a preference for the location, outside of the corner visibility triangle and staff advised that they have no preference. The Chairman advised that he had concerns with the changes to the application being recommended, as he felt this changed the nature of the application. Ms. S. Campbell advised that she had concerns with the height of the sign as it is approximately 4 times larger than that permitted in the sign by-law. Mr. P. Kruse advised that he did not agree with this concern, as the area is such that this is an appropriate size for the size of the property and the use. He suggested that the Committee recommend to Council that this sign variance be approved as the sign is appropriate for the property and use and is attractive. Mr. M. Stever advised that there are two plywood signs on the property now which they intend to replace with this new sign, as it is more attractive for the use as a tourist attraction. The Chairman again stated his concerns about the revisions as the variances were not identified in the application and the neighbourhood has not been notified as to the extent of the variances now requested. Mr. Kruse again advised that he was in support of the application and he put forward a motion to approve the application with the revisions recommended by staff; however, the motion did not receive a seconder. Mr. S. Campbell put forward a motion to defer consideration of the application for recirculation of the revisions. Mr. M. Stever advised that he would rather have the matter considered directly by Council as a recirculation would hold up consideration of the application and time is of the essence. He noted that this is a busy time of year for the Doon Heritage Crossroads and they did not want to have a delay in the installation of the sign. Mr. S. Campbell then withdrew her motion and put forward a new motion to refuse the application as revised. This motion was seconded by Mr. S. Kay. Mr. Kay advised that his primary reason for seconding the motion was that the circulation of the property owners didn't properly identify the variances being requested. 1. Submission No. S 4/98 - Region of Waterloo - Doon Heritage Crossroads, cont'd COk~ITTEE OF ADJUST1MEbIT 15 kiAY 12. 1998 Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Region of Waterloo - Doon Heritage Crossroads requesting permission to erect a ground sign having a height of 6.1 m (20 ft.) rather than the premitted 1.5 m (5 ft.)with an area of approximately 9.9 m2 (106.6 sq. ft.) rather than the permitted 4 m2 (43 sq. ft.) to be located 1 m (3.3 sq. ft.) from either Homer Watson Boulevard or Huron Road rather than the required 3 m (10 ft.) on Part Lot 8, Plan 1521, 10 Huron Road, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Mr. P. Kruse voted in opposition to this recommendation. The Chairman advised those in attendance that consideration of this recommendation, by City Council, will take place at their meeting schedule for Tuesday May 19, 1998, commencing at 7:00 p.m. and they may attend if they wish. ADJOURNED On Motion, the meeting adjourned at 9:55 a.m. Dated at the City of Kitchener this 12th day of May, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment