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HomeMy WebLinkAboutAdjustment - 1999-12-07 SIGCOA\1999-12-07-SIGN.doc COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 7, 1999 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called the meeting to order at 10:00 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 (Signs) of the City of Kitchener Municipal Code. The Committee will not make a decision on these applications but rather will make a recommendation which will be forwarded to the Committee of the Whole and Council for final decision. The Chair explained that this Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendations will be forwarded to City Council on Monday, December 13, 1999 at 7:00 p.m. and the applicants may register with the City Clerk to appear at the meeting if desired. APPLICATIONS Submission No.: Applicant: Property Location: Legal Description: S 10/99 John Schuller 35-45 Manitou Drive Part Lot 9, Plan 1490, Designated as Parts 3, 4 and 5, Registered Plan 58R-11179 Appearances: In Support: Mr. P. Bilenki cio Signs Galore 15 Woolwich Street Breslau ON NOB 1M0 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to allow third-party copy that does not relate to the lot upon which a pylon sign is proposed to be constructed. In addition to the business located on the subject property, it is proposed to include two additional businesses to be advertised on the pylon sign which do not have frontage on a street and which are located to the rear of the subject property. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to construct a pylon sign containing non- accessory copy. In addition to the business located on the subject property, the sign would contain copy advertising two third-party businesses (Pavestone Plus at 39 Manitou Drive and JD Landscaping at 43 Manitou Drive). Non-accessory (or third party) signs are defined as signs that contain copy that does not relate to the lot upon which the sign is located. 1. Submission No.: S 10/99 (Cont'd) COMMITTEE OF ADJUSTMENT 27 DECEMBER 7, 1999 The two non-accessory businesses are located behind the subject property and are accessed by a right-of-way located at 35-45 Manitou Drive. As the businesses do not have frontage on a street they cannot construct a sign on their property that would be easily readable from the street. The third-party copy on the proposed pylon would provide better visibility to the public for the businesses. The proposed sign will have a height of 5.79 metres (19 feet), an area of 8 square metres (88 square feet) and a setback of 4.5 metres from the lot line abutting Manitou Drive. The sign complies with all other regulations of the Sign By-law. Staff is of the opinion that the sign could be considered minor in nature as the third party copy relates to businesses located adjacent to 35-45 Manitou Drive. It is desirable for any business to have signage easily visible from the street. Except for the third-party advertising, the sign complies with all other regulations of the by-law. Based on the above noted comments, staff is of the opinion that the sign is minor in nature and meets the general intent of the Sign By-law and is appropriate development for the lot. The Department of Business and Planning Services recommends approval of the minor variance for "non-accessory" advertising on the pylon sign as shown on the drawings submitted by the applicant. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this application. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the location of the proposed sign. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and the plan attached to this application does not appear to indicate a road allowance widening on Manitou Drive which the Region of Waterloo received through consent applications B 13/97 and B 14/97 and is identified as Parts 6, 7 and 8 of Plan 58R-11179. A portion of this plan is attached. This will affect the setback and/or the location of the sign in relation to Manitou Drive. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the minor variance application. The northern portion of 35 Manitou Drive appears to lie within the floodplain for Schneider Creek. The location for the proposed new pylon sign is outside of the floodplain and does not require a permit pursuant to Ontario Regulation 149 as amended by 69/93, 669/94 and 142/98 from the Grand River Conservation Authority. The flooding on the property should not impact the consideration of the appropriateness of this proposal. The Chair reviewed the staff comments and inquired of Mr. Bilenki if he had anything further to add. Mr. Bilenki indicated that he was in agreement with the staff comments and had nothing further to add. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of John Schuller requesting permission for non-accessory (third-party) advertising on a pylon sign on Part Lot 9, Plan 1490, designated as Parts 3, 4 and 5, Registered Plan 58R-11179, 35-45 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply only in accordance with the drawings submitted with the application for Submission No. S 10/99. 1. Submission No.: S 10/99 (Cont'd) COMMITTEE OF ADJUSTMENT 28 DECEMBER 7, 1999 It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 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 Chair pointed out to Mr. Bilenki that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of December 13, 1999, at 7:00 p.m., in the Council Chamber and advised that he may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 7th day of December, 1999. J. Billett Secretary-Treasurer Committee of Adjustment