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HomeMy WebLinkAboutAdjustment - 1998-04-21 SIGCOA\1998-04-21 -SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 21, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Mr. L. Masseo, Intermediate Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, 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 3/98 - Weiland Holdings Inc., 707 Ottawa Street South, Kitchener, Ontario Re: Part Lots 5 & 6, Plan 1022 and Part Block L, Plan 1246, being Parts 1-3, Reference Plan 58R- 2192, 707 Ottawa Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Ertel 707 Ottawa Street South Kitchener, Ontario CONTRA: Mr. C. D. Juma c/0 44 Alpine Road Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to erect three new ground signs, each having a height of 2.59 m (8.5 ft.), up to the property lines rather than being set back 6 m (19.69 ft.) from the property line. One sign is to be located adjacent to the entrance off Homer Watson Boulevard, one on the Alpine Road frontage and one at the corner of Ottawa Street and Alpine Road. The Committee considered the comments of the Department of Planning & Development in which they advised that the applicant proposes to erect three ground signs, each having a height of 2.59 metres (8.5 ft), up to the property lines rather than being setback 6 metres (19.69 ft) from the property line. One sign is to be located adjacent to the entrance off Homer Watson Boulevard, one on the Alpine Road frontage and one at the corner of Ottawa Street and Alpine Road. Staff note that after examining the requested variance, it has been determined that there are specifically three variances required for the proposed ground signs. It is recommended that the request for a variance be revised to request permission to erect three ground signs, each with a height of 2.59 metres (8.5 ft) and an area of 4.6 sq.m. (49 sq.ft.), up to the property line rather than being setback the required 6 metres (19.69 ft) from the street lines. Signs ahead of the 6 metre building line setback are permitted to a maximum height of 1.5 metres and a maximum area of 3 square metres. Additionally, it is requested that the sign proposed for the corner of the property at Ottawa Street and Alpine Road be permitted inside the COMMITTEE OF ADJUSTMENT 9 APRIL 21. 1998 corner visibility triangle. 1. Submission No. S 3/98 - Weiland Holdinqs Inc., cont'd The intent of the sign by-law regarding ground signs of the size proposed, to be setback 6 metres from the street line 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. The proposed signs are essentially mobile signs that are being converted into permanent ground signs. A previous variance, S 9/94, approved a similar ground sign that is now located on the Ottawa Street frontage. Regarding the two site plans submitted with the application, staff have confirmed with the applicant that the signs will not be on the City or Regional right-of-way as indicated on one of the site plans submitted with the application. All three signs will be within the lot lines of the subject property. Staff note that it is the applicant's responsibility to ensure that he is aware of the exact location of the property lines. The proposed dimensions of the signs, being of a greater height and area than allowed, are not out of character for a lot of this size having frontage of 127 metres (417 ft) on Homer Watson Boulevard, 135 metres (443 ft) on Ottawa Street, and 110 metres (361 ft) on Alpine Road. In regards to the sign fronting Homer Watson Blvd and the sign fronting Alpine Rd. at the south end of the property, it is noted that there are grassed portions of city and region owned lands adjacent to the lot lines abutting the streets. These grassed areas provide a buffer from the paved areas of the travelled portion of the streets. Consequently, it would appear that the visual impact of the signs would not appear to be a concern. Based on the above comments, staff are of the opinion that the sign fronting Homer Watson and the sign fronting Alpine Road at the south end of the property can be considered minor in nature and maintaining the general intent of the sign by-law. These two signs could be considered appropriate development and use of the land. Regarding the sign located at the corner of Ottawa Sreet and Alpine Road, staff do not consider the request to be minor in nature. There is potential for a visibility concern for vehicles turning onto Ottawa Street from Alpine Road. The sign does not comply to the Section 680.14.12 of the sign by-law as it is clearly within the corner visibility triangle. The location also does not comply to 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 vehicle and pedestrian traffic by other such traffic entering the intersection." The extent of the variances required for this sign are considered excessive and the proposed sign would not be considered appropriate development of the property. Additionally, the sign does not maintain the intent of the Sign or Zoning By-laws. Staff would also like to comment that the landscape plan for the subject property may be affected by the placement of the signs. The applicant is advised that he will be required to revise the landscape plan to the satisfaction of the City's Landscape Architect. The Department of Planning and Development recommends approval the ground sign fronting Homer Watson Blvd. and the ground sign fronting Alpine Road in the southern corner of the property, as shown on the hand drawn plan submitted by the applicant, conditional upon a sign permit application being submitted and the landscape plan being revised. The Department of Planning and Development recommends refusal of the ground sign to be located within the corner visibility triangle at the corner of Ottawa St. and Alpine Rd. The Committee noted the comments of the Traffic & Parking Division in which they advised that the proposed sign in the southeast corner of the property will not create a site obstruction for motorists using the adjacent driveway entrances. Regarding the proposed sign at the Ottawa/Alpine Intersection, it COMMITTEE OF ADJUSTMENT 10 APRIL 21. 1998 1. Submission No. S 3/98 - Weiland Holdinqs Inc., cont'd is recommended that this sign be relocated outside of the daylight triangle. The proposed sign on Homer Watson Blvd. would not appear to create a site obstruction at the adjacent driveway; however, the Region should be consulted as the sign would be adjacent to a Regional Road. The Committee noted the comments of the Engineering Department, Transportation Division, Region of Waterloo, in which they advised that the applicant is proposing three signs to be located on the property line adjacent to Homer Watson Blvd., Alpine Road and at the intersection of Ottawa Street and Alpine Road. At the intersection of Ottawa Street and Alpine Road there is no daylight triangle which would normally be acquired by the Region of Waterloo when Weiland Ford proposes to alter their site through a development application. The daylight triangle is required to allow for a safe visibility and for utility and sidewalk locations. If a permanent sign is located in the area where the daylight triangle is required it may restrict visibility at the intersection and may compromise the ability to place utilities or sidewalks in this area. As a result, this sign should not be placed on the property line but should be located such that it would be out of the daylight triangle area. Mr. Ertel addressed the Committee in response to the public agencies' comments and advised that he wished to amend his application so as to move the sign proposed to be located at the corner of Ottawa Street and Alpine Road outside of the required daylighting triangle. Mr. C. D. Juma addressed the Committee and advised that he owns the adjacent property and would like to see a distance noted as to where the signs will be relative to his property. After a brief discussion it was agreed that the signs proposed for the southeast corner of the property on the Alpine Road frontage and the sign proposed for the Homer Watson Blvd. frontage will be at least 10 m from the driveways on Mr. Juma's property. When questioned by the Committee, Mr. R. Morgan advised that staff would support the sign proposed for the Ottawa Street and Alpine Road intersection provided it was located outside of the daylight triangle. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Weiland Holdings Inc. requesting permission to erect three new ground signs, each having a height of 2.59 m (8.5 ft.) rather than the permitted 1.5 m (5 ft.) and an area of 4.6 m2 (49 sq. ft.) rather than the permitted 3 m2 (32.3 sq. ft.) up to the property lines on Homer Watson Boulevard, Ottawa Street and Alpine Road rather than being set back 6 m (19.69 ft.) from the property lines on Part Lots 5 & 6, Plan 1022 and Part Block L., Plan 1246, being Parts 1-3, Reference Plan 58R-2192, 707 Ottawa Street South, Kitchener, Ontario BE APPROVED subject to the following conditions: That the sign proposed for the corner of Alpine Road and Ottawa Street shall not be located within the 25 ft. daylighting triangle. 2. That the applicant shall obtain approval of a sign permit application prior to erecting the signs. 3. That the landscape plan for the subject property shall be revised. That the sign proposed for the Homer Watson Blvd. frontage and the sign on the Alpine Road frontage at the southeast corner of the property shall be a minimum of 10 m from the driveways on the abutting properties. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. COMMITTEE OF ADJUSTMENT 11 APRIL 21. 1998 1. Submission No. S 3/98 - Weiland Holdinqs Inc., cont'd 2. This application is desirable for the appropriate development of the property. 3. 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 consideration of this recommendation, by City Council, will take place at their meeting schedule for Monday May 4, 1998, commencing at 7:00 p.m. and they may attend if they wish. ADJOURNED On Motion, the meeting adjourned at 9:45 a.m. Dated at the City of Kitchener this 21st day of April, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT 12 APRIL 21. 1998