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HomeMy WebLinkAboutAdjustment - 1998-07-28 SIGCOA\1998-07-28-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 28, 1998 MEMBERS PRESENT: Messrs. W. Dahms, S. Kay and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, 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. The Chairman explained that this Committee's decision with respect to sign variances is a recommendation to City Council and not a final decision. He advised that the Committee's recommendation will be forwarded to City Council on Monday August 17, 1998 at 7:00 p.m. and the may appear at the meeting if they wish. APPLICATIONS Submission No. S 6/98 - Prime Restaurants, 10 Kingsbridge Garden Circle, Mississauqa, Ontario Re: Lots 8 - 10 & Block 11, Plan 1745 & Lot A & Block 4, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. S. Levant Pride Signs Ltd. 280 Holiday Inn Drive Cambridge, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to paint 5 signs on the wall of the building, which is prohibited by the Sign By-law. The Committee considered the comments of the Business and Planning Services Department in which they advised that the applicant is requesting permission to have five painted signs on a new building currently under construction. These would consist of symbols and Iogos specific to the corporate identification of an East Side Marios restaurant. As the City of Kitchener Sign By-law states that signs shall not be painted on the exterior brick, block or cladding of any building, the applicant is seeking a variance to this prohibition. The intent of the By-law prohibiting painted signs is to ensure the building exterior is maintained in an appropriate manner. Staff are of the opinion that the high profile nature of the applicant's business dictates that the painted signs will be maintained in an appropriate fashion. Additionally, the City's COMHITTEE OF ADJUSTMENT 19 JULY 28. 1998 Property Standards By-law requires that the painted surfaces be properly maintained. In the event that the painted surface deteriorates and the City receives a complaint, the Municipal Law Enforcement Officers can enforce compliance to the regulations. In this regard, the variance can be considered minor in nature and maintains the general intent and purpose of the City's Sign By-law. 1. Submission No. S 6/98 - Prime Restaurants, cont'd The proposed painted signs would be an appropriate and desirable use of the property. Staff recommend approval of application S 6/98 requesting permission for five painted signs. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with this application. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of Prime Restaurants requesting permission to paint 5 signs on the wall of the building on Lots 8 - 10 & Block 11, Plan 1745 & Lot A & Block 4, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario BE APPROVED. 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) is being maintained on the subject property. Carried Submission No. S 7/98 - Famous Players, 146 Bloor Street West, Toronto, Ontario Re: Lots 8 - 10 & Block 11, Plan 1745 & Lot A & Block 4, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. S. Levant Pride Signs Ltd. 280 Holiday Inn Drive Cambridge, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to erect a temporary pylon sign having an area of 47.56 m2 (511.95 sq. ft.) rather than the permitted 20 m2 (215.29 sq. ft.). The Committee considered the comments of the Business and Planning Services Department in which they advised that the applicant requests permission to erect a temporary pylon sign that has a sign area of 47.56 square metres (512 sq.ft) rather than the permitted maximum of 20 square metres (215.3 sq.ft). The proposed sign is a "construction/development promotional sign" advertising the Famous Players COMHITTEE OF ADJUSTMENT 20 JULY 28. 1998 cinemas which are under construction on the property. The applicant notes that this is a standard sign for their client and that it is "recycled" and used from one site to another. The applicant has stated that the sign will be on the property for approximately three to six months. As shown on the site plan submitted, the sign is to be located 15 metres (50 ft) from the intersection of the lot lines at King Street East and Gateway Park Drive. The sign will be placed on poles with a clearance of 2.44 metres (8 ft) from the ground. 2. Submission No. S 7/98 - Famous Players, cont'd A site inspection of the property reveals that the sign will be placed in the parking area which is at a higher grade than the abutting sidewalk and roadway. Consequently, the sign would not appear to be a visibility concern. Staff also note that the sign is located at a right-in, right-out intersection and the sign would not be a visibility concern for traffic exiting or entering Gateway Park Drive. The sign offers good exposure for the business to a high volume of traffic along King Street. Although the area of the proposed sign is more than twice the maximum area allowed, staff note that the size is not excessive considering the size of the lot which is 39,782 sq.m. (9.83 acres). The subject lot occupies one complete block and is bounded by King Street East, Tu-Lane Street and Gateway Park Drive. The Traffic Division has commented that they have no concerns with the proposed sign. Based on the above comments, and taking into consideration the temporary nature of the sign, staff are of the opinion that the requested variance is minor in nature, meets the intent of the by-law and is considered appropriate development for use of the property. The Department of Planning and Development recommends approval of the variance applying to the temporary pylon sign as shown in the drawings submitted by the applicant. This approval is conditional on the sign being removed prior to completion of the project, or within six months from the date the sign permit is issued, whichever is first. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed signage on the basis that the sign is temporary. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that, in general, they have no objections to the proposed sign; however, the sketch submitted with the application appears to indicate a portion of the sign within the King Street road allowance. The applicant should be made aware that the sign must not be located within the road allowance of King Street. Ms. Levant addressed the Committee and provided copies of a revised site plan of the property, clearly locating the sign totally within the applicant's property. This was to address the Region's concerns that a portion of the sign might be located within the King Street right-of-way. Mr. R. Morgan advised that he had no conerns with the revised site plan. Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Famous Players requesting permission to erect a temporary pylon sign having an area of 47.56 m2 (511.95 sq. ft.) rather than the permitted 20 m2 (215.29 sq. ft.) on Lots 8 - 10 & Block 11, Plan 1745 & Lot A & Block 4, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario BE APPROVED, subject to the following conditions: 1. That the proposed temporary sign shall be located as shown on the revised site plan. That the sign shall be removed prior to the completion of the project or within 6 months of the date of issuance of the sign permit, whichever is first. 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. COMIMITTEE OF ADJUSTMENT 21 JULY 28. 1998 2. Submission No. S 7/98 - Famous Players, cont'd The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried Submission No. S 8/98 - Shell Canada Products Limited, 45 Vogell Road, Richmond Hill, Ontario Re: Part Lots 23 & 24, Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Bodrug The TDL Group Ltd. 874 Sinclair Road Oakville Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to locate a fascia sign 2.75 m (9.03 ft.) above grade, where the sign will be adjacent to the drive-thru, rather than 4.3 m (14.11 ft.) above grade and a permission for a second facia sign to be located 2.75 m (9.03 ft.) above grade, where the sign is adjacent to a parking space, rather than the sign being 4.3 m (14.11 ft.) above grade. The Committee considered the comments of the Business and Planning Services Department in which they advised that the applicant is requesting permission to locate two fascia signs within 0.0 m of a drive aisle and a parking space. According to regulations in the City of Kitchener Sign By-law, fascia signs are required to have 4.3 m of clearance when located within 0.6m of an area intended for vehicular traffic. The additional clearance is required in these circumstances in order to prevent taller vehicles from driving into the signs as they project out from the wall. The building on which the signs are proposed to be erected has a total height of 4.15m. In this regard it would be impossible for the signs to comply with the required clearance of 4.3 m. The actual clearance to be provided for both signs is 2.74 m. The Sign By-law states the maximum projection of any fascia sign can be 0.35 m. The applicant is proposing 0.15m projection for the fascia signs. It is the staff's opinion that with the proposed 2.74 m clearance and minimal sign projection of 0.15m, both of the proposed signs will not interfere with either vehicular or pedestrian traffic. This variance can be considered minor in nature and maintains the general intent and purpose of the Sign By-law. Staff recommend approval of application S 8/98 as the proposed signage would be appropriate for the property. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed sign. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. Mr. S. Kay advised that he understood the reason for the by-law requirement and questioned Mr. Bodrug COMHITTEE OF ADJUSTMENT 22 JULY 28. 1998 as to why the signs wouldn't cause a problem in this instance. Mr. Bodrug advised that the signs only project 6" from the wall and there will be curbing preventing cars from getting too close to the signs. 3. Submission No. S 8/98 - Shell Canada Products Limited, cont'd Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of Shell Canada Products Limited requesting permission to locate a fascia sign 2.75 m (9.03 ft.) above grade, where the sign will be adjacent to the drive-thru, rather than 4.3 m (14.11 ft.) above grade and a permission for a second facia sign to be located 2.75 m (9.03 ft.) above grade, where the sign is adjacent to a parking space, rather than the sign being 4.3 m (14.11 ft.) above grade on Part Lots 23 & 24, Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario BE APPROVED. 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) is being maintained on the subject property. Carried ADJOURNED On Motion, the meeting adjourned at 9:40 a.m. Dated at the City of Kitchener this 28th day of July 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment