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HomeMy WebLinkAboutAdjustment - 1998-09-15 SIGCOA\1998-09-15-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 15, 1998 MEMBERS PRESENT: Ms. S. Campbell & Messrs S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner 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. 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 September 21, 1998 at 7:00 p.m. and the may appear at the meeting if they wish. APPLICATIONS Submission No. S 9/98 - Mennonite Central Committee, 50 Kent Avenue, Kitchener, Ontario Re: Part Lot 1, Registered Plan 404, 50 Kent Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Worth 50 Kent Avenue 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 on a property zoned 12 - Community Institutional Zone. The Sign By-law does not permit pylon signs in the Institutional Zones. The Committee considered the comments of the Department of Business and Planning Services in which they advised that the applicant is requesting permission to erect a pylon sign in an Institutional Zone. The property is zoned I-2 (Community Institutional) and the Sign By-law does not permit pylon signs in this zone. The applicant proposes to construct a pylon sign to replace an existing ground sign, with two objectives: to increase the visibility of the sign, and in turn the property, and to reduce vandalism to the existing ground sign. The applicant has submitted a sign permit application for the subject sign, which complies with all other regulations as set out in the Sign By-law. The Sign By-law permits only ground and fascia signs in Institutional zones, which are more in keeping with the often residential character of these neighbourhoods. The subject property is surrounded mainly by commercial and industrial uses, so the pylon sign would not be out of character for the neighbourhood. COk~ITTEE OF ADJUST1MEbIT 24 SEPTEMBER 15. 1998 While there are residential uses to the west, these properties do not face the subject lands. The proposed location of the pylon sign at the easterly portion of the property appears to provide an adequate separation distance to ensure the sign does not interfere with the enjoyment of the residential properties. 1. Submission No. S 9/98 - Mennonite Central Committee, cont'd Based on the above, it is the opinion of staff that the subject variance is minor in nature and the general intent of the by-law is being met. The Department of Business & Planning Services recommends approval of the variance applying to the structure as shown on the drawings submitted with the application. The Department of Business and Planning Services submitted revised comments at the meeting in which they advised that the sign by-law requires that signs not obscure clear visibility of pedestrian or vehicular traffic. Staff with the City's Traffic Division have visibility concerns with the proposed sign location and would like the sign moved to location outside the corner visibility triangle. Provided the sign is located outside the corner visibility triangle, it is opinion of staff that the subject variance to allow a pylon sign in an Institutional zone is minor in nature and the general intent of the by-law is being met. The Department recommends refusal of the variance applying to the sign in the location shown on the drawing submitted with the application. The Committee noted the comments of the Transportation Division, Region of Waterloo, in which they advised that, at this location, no further road allowance widening is required on Charles Street; however, a 25 ft. daylighting triangle is required at the intersection of Charles and Kent Avenue. Therefore, this sign should be located outside of the daylighting triangle area in order that if the property develops in the future, an encroachment will not be created when the daylight triangle is required. The Committee noted the comments of the Traffic & Parking Division in which they advised that they do not support the proposed location of the sign and recommend that the sign be located outside the corner visibility triangle. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. Much of the front portion and eastern half of the lot lies below the elevation of the Regulatory Floodline for Schneider Creek. The location for the proposed new pylon sign is just adjacent to the floodline and does not require a permit pursuant to Ontario Regulation 149, as amended, from the Grand River Conservation Authority. The flooding on the property should not impact the consideration of the appropriateness of this proposal. The Committee discussed the staff comments with Mr. Worth who advised that the only issue is the visibility triangle and as the sign is 8 ft. up he did not see how there could be a visibility problem from Kent Avenue or Charles Street. Mr. Worth volunteered to move the sign outside the corner visibility triangle and slightly to the west of the proposed location. He advised that there aim was to make the sign more visible. The Committee questioned staff with respect to their revised comments and Ms. Given advised that the Business & Planning staff were deferring to the expertise of the Traffic staff with respect to visibility. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of the Mennonite Central Committee requesting permission to erect a pylon sign on a property zoned 12 - Community Institutional Zone on Part Lot 1, Registered Plan 404, 50 Kent Avenue, Kitchener, Ontario BE APPROVED, subject to the following condition: That the proposed pylon sign shall not be erected within the 25 ft. daylight triangle at the intersection of Charles Street and Kent Avenue. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. COk~ITTEE OF ADJUST1MEbIT 25 SEPTEMBER 15. 1998 Submission No. S 9/98 - Mennonite Central Committee, cont'd 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 15th day of September 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment