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HomeMy WebLinkAboutAdjustment - 2000-05-02 SIGCOA\2000-05-02-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 05, 2000 MEMBERS PRESENT: Messrs. B. Dahms, A. Galloway and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. B. Dahms, 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, May 8, 2000 at 7:00 p.m. and the applicant may register with the City Clerk to appear at the meeting if desired. APPLICATIONS Submission No.: Applicant: Property Location: Legal Description: SG 2000-002 Future Ford Lincoln 125 Centennial Drive Lot 1, Plan 1698, Part Lots 1, 2 & 3, German designated as Part 2, Reference Plan 58R-5888 Company Tract, Appearances: In Support: Mr. J. Irvine Neon Products 462 Hibiscus Avenue London ON N6H 3N9 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to relocate an existing ground sign from another location to replace an existing ground sign located at the rear corner of the subject lands adjacent to Victoria Street North. The new sign will have a height of 10.02 m (32.9 ft.), rather than the permitted maximum 7.5 m (24.6 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant requests permission to construct a pylon sign with a height of 10.02 metres (32.9 feet) rather than the permitted maximum of 7.5 metres (24.6 feet). If permitted, this sign will replace an existing pylon sign located at the rear corner of the subject lands abutting Victoria Street North as shown on the submitted site plan. It is noted that although the applicant refers to the existing and proposed signs as ground signs, they are actually pylon signs as their sign face has a clearance from the ground of at least 2.44 metres. COMMITTEE OF ADJUSTMENT 5 MAY 2, 2000 The applicant has advised staff that the sign drawing originally submitted with this application was incorrect. The proposed sign will actually be 8.8 metres (28.75 feet) in height as shown on the attached drawing. Therefore, this variance should be amended to request a pylon sign 8.8 metres in height rather than the maximum permitted height of 7.5 metres. The applicant wishes to make use of a sign that is already manufactured, although existing at a different location, and relocate it to this car dealership lot. The intent of the Sign By-law in limiting the height of a pylon sign is to ensure that the sign is aesthetically pleasing and does not create too great a visual impact on the surrounding properties. As shown on the attached sign drawing, the actual sign face is within the 7.5 metre height restriction. It is an architectural feature of the sign structure that exceeds the sign height by 1.3 metres (4.3 feet). Staff is of the opinion that the visual impact of this architectural feature is minor in nature. As shown on the sign drawing, the feature comprises a small percentage of the overall sign area and overall creates an aesthetically pleasing sign. It is also noted that a sign of this height is appropriate considering the location and size of the property (2.93 hectares). The property abuts a primary arterial road surrounded by other commercial and industrial lots. The sign complements the size of the lot and provides good visibility to a high volume of traffic along Victoria Street. The pylon sign, which contains automatic changing copy, complies with all other regulations of the Sign by-law. It is noted that a sign permit will be required. Accordingly, the application is deemed minor in nature, maintains the intent of the Sign By-law and is considered appropriate development for the commercial use of the property and surrounding area. The Department of Business and Planning Services recommends approval of the minor variance as amended to permit a pylon sign with a height of 8.8 metres as shown on the attached drawing. The Committee noted the comments of the Director of Building in which he advised that the Building Division will require the sign to be designed by a Professional Engineer. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed that application and has no concerns with the location of the proposed sign. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that they have reviewed the application and have no concerns; however, any development on the subject land is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of the Regional Development Charges for this development prior to the issuance of a building permit. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to the application being amended to permit a pylon sign with a height of 8.8 m rather than with a height of 10.02 m as requested in the original application. Mr. J. Irvine advised that the original drawings submitted with the application showed the sign mounted on a raised base which is 2 ft. in height. He pointed out that the proposed installation, as shown on the revised drawing attached to the Planning staff report, will not include this base. Accordingly, the height of the sign will be less than originally applied for. Mr. Irvine stated that his client is in agreement with amending the application to permit a pylon sign 8.8 m in height. COMMITTEE OF ADJUSTMENT 6 MAY 2, 2000 Submission No.: SG 2000-002(Cont'd) Moved by Mr. A. Galloway Seconded by Mr. P. Kruse That the application of Future Ford Lincoln requesting permission to locate a pylon sign at the rear corner of the subject lands adjacent to Victoria Street North, having a height of 8.8 m (28.87 ft.), rather than the maximum permitted height of 7.5 m (24.6 ft.), on Lot 1, Plan 1698, Part Lots 1, 2, & 3, German Company Tract, designated as Part 2, Reference Plan 58R-5888, 125 Centennial Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the sign shall be designed by a Professional Engineer. 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. 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. Irvine that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of May 8, 2000, 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. Submission No.: Applicant: Property Location: Legal Description: SG 2000-003 Brattan Tool Industries Ltd. 255 McBrine Drive Part Lot 16, Plan 1471, designated as Part Lot 1, Reference Plan 58R-6266 Appearances: In Support: None Contra: None Written Submissions: In Support: None Contra: None As no one was in attendance to support the application, the Committee delayed consideration of the matter. Accordingly, the Committee recessed the meeting, temporarily, at 10:05 a.m. in order to consider an application for minor variance to the City of Kitchener's Fence By-law. This meeting reconvened at 10:10 a.m. COMMITTEE OF ADJUSTMENT 7 MAY 2, 2000 Submission No.: Applicant: Property Location: Legal Description: SG 2000-003 Brattan Tool Industries Ltd. 255 McBrine Drive Part Lot 16, Plan 1471, designated as Part Lot 1, Reference Plan 58R-6266 Appearances: In Support: Mr. A. Probst 24 Morrison Road Kitchener ON N2A 2W7 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to erect a ground sign having a 1 m (3.28 ft.) setback from McBrine Drive, rather than the required 3 m (9.84 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to erect a ground sign in an existing landscaped area between the front property line and entrance driveway on McBrine Drive with a setback of 1 m (3.28 ft.), rather than 3 m (9.84 ft.). The applicant is requesting the reduced setback of 1 m to keep the proposed sign totally within the existing landscaped area. To comply with the 3 m (9.84 ft.) setback, the sign would be located at the edge of the grassed area abutting the driveway/parking area, which could pose a visibility hazard. The proposed sign will be 1.5 m (5 ft.) high and 2.13 m (7 ft.) wide with a setback of 1.0 m (3.28 ft.) from the property line. The sign is intended to be installed in an existing landscape bed, and will maintain the integrity of, and natural growth of, the bed. There will be minimal disruption to existing plantings and only very small shrubs will be impacted. The proposed sign appears to be approximately 3 m (10 ft.) from the entrance driveway and as such will not affect vehicular movement to and from the site. This variance can be considered minor in nature, as there will be no impact on neighbouring properties, or any impact on vehicular movement. There is also a substantial boulevard between the sign and actual road which will ensure there are no visibility problems with the sign having a setback of only 1 m (3 ft.) from the property line. The proposed ground sign will maintain the general intent and purpose of the City's Sign By-law. The Department of Business and Planning Services recommends approval of Submission No. SG 2000-003. 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 request that the proposed sign be located outside of the daylight visibility triangle. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that they have reviewed the application and have no concerns; however, any development on the subject land is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. COMMITTEE OF ADJUSTMENT 8 MAY 2, 2000 2. Submission No.: SG 2000-003(Cont'd) The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the request to permit a ground sign having a 1 m setback from McBrine Drive. While the subject property is regulated by the Grand River Conservation Authority under Ontario Regulation 149 as amended by 69/93, 669/94 and 142/98 a permit will not be required for the installation of the sign. The Chair reviewed the staff comments, noting that the Traffic & Parking Division is requesting that the proposed sign be located outside the daylight visibility triangle. In this regard, Ms. J. Given pointed out that the daylight visibility triangle includes the abutting driveway as well as the parking area. Mr. A. Galloway questioned if the applicant will be able to meet the request of the Traffic & Parking Division and Mr. Probst responded that the landscaped area where the sign is proposed to be placed is quite wide and felt that he would not have any difficulty in meeting this condition. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Brattan Tool Industries Ltd. requesting permission to erect a ground sign, 1.5 m (5 ft.) in height x 2.13 m (7 ft.) wide, in a existing landscaped area between the front property line and entrance driveway on McBrine Drive having a setback of 1 m (3.28 ft.), rather than the required 3 m (9.84 ft.), on Part Lot 16, Plan 1471, designated as Part 1, Reference Plan 58R-6266, 255 McBrine Drive, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the sign shall be located outside of the daylight visibility triangle. 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. 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. Probst that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of May 8, 2000, 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 10:12 a.m. Dated at the City of Kitchener this 2nd day of May, 2000. J. Billett Secretary-Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT 9 MAY 2, 2000