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HomeMy WebLinkAboutAdjustment - 2000-07-18 SIGCOA\2000-07-18-SIG N.doc COMMITTEE OF ADJUSTMENT FOP, THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 18, 2000 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 this meeting to order at 10:15 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, August 28, 2000 at 7:00 p.m. and the applicant may register with the City Clerk to appear at the meeting if desired. APPLICATION Submission No.: Applicant: Property Location: Legal Description: SG 2000-004 879115 Ontario Limited 508 Riverbend Drive Part of Lot 59, German Company Tract, and Part of Lot 1, Municipal Compiled Plan of Part of Lot 59, German Company Tract Appearances: In Support: Mr. T. Krimmer Coldwell Banker Peter Benninger Realty 1770 King Street East Kitchener ON N2G 2P1 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is proposing to erect a temporary real estate sign fronting onto Riverbend Drive for a period of up to 2 years. The sign proposed will be 7.3 m (23.95 ft.) in height and 4.88 m x 8.54 m (16 ft. x 28 ft.) in size. The applicant is requesting permission for the sign to have an area of 41.67 m2 (448.54 sq. ft.) rather than the maximum permitted 10 m2 (107.64 sq. ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that after reviewing the submitted material, staff note that the proposed sign will have a clearance from the ground of 2.44 metres (8 feet) which classifies the sign as a pylon real estate sign and it therefore falls under different regulations of the Sign By-law. Staff recommends that this variance be amended to accurately reflect its classification within the Sign By-law. COMMITTEE OF ADJUSTMENT 10 JULY 18, 2000 Accordingly, this variance should be amended to permit a pylon sign with an area of 41.7 square metres rather than the permitted maximum of 20 square metres. 1. Submission No.: SG 2000-004(Cont'd) The proposed sign will be located on land that is currently vacant but which is to be developed within the next two years with an office building. As shown on the submitted drawings, the sign will advertise "space for lease" and the name of the real estate agent. The proposed sign will be located on the property for approximately two years until the building has been completed and ready for occupancy. The sign is desired, as it would provide excellent exposure for marketing and would be visible to a high volume of traffic along the Conestoga Parkway. Although the size of the sign is twice the permitted maximum, staff note that the size is not excessive considering the size of the lot which is 14,215 square metres (3.5 acres) and its frontage of approximately 212 metres (696 feet). While the sign height complies, the 8.54 metre width results in the sign area variance. It is also noted that the sign is surrounded by other sites zoned Business Park and is not located near any residentially zoned lands. Therefore it would not appear to adversely affect the enjoyment of any neighbouring properties. It is noted that the site plan submitted does not indicate the distance the sign will be set back from the actual property line along Riverbend Drive. The applicant has advised staff that the sign will be approximately 1.3 metres (4.3 feet) from the front lot line. This setback complies with the Sign By-law regulations. Staff advises that the applicant will require both City of Kitchener and Ministry of Transportation sign permits. It is our understanding that the sign falls within the area and height requirements of the Ministry of Transportation. Based on the above comments, and provided the sign is removed within two years, or when the building is occupied, staff are of the opinion that the requested variance is minor in nature, meets the intent of the Sign By-law and is considered appropriate development for the use of the property. The Department of Business and Planning Services recommends approval of the minor variance, as amended, only until such time as the building is occupied or until August 1, 2002, whichever occurs first, after which time the minor variance approval no longer applies. 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 size or location of the proposed sign. 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 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. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to it being amended to accurately reflect classification of the proposed sign as a pylon sign and that the sign be allowed only until such time as the building is occupied or until August 1,2002, whichever occurs first. The Chair enquired if Mr. Krimmer had anything further to add and Mr. Krimmer advised that he had reviewed the staff comments and had nothing further to add. COMMITTEE OF ADJUSTMENT 11 JULY 18, 2000 For benefit of the Committee, Ms. J. Given reviewed the proposed amendments to the application. The Chair enquired if Mr. Krimmer was in agreement with the staff recommendation and Mr. Krimmer concurred. Submission No.: SG 2000-004(Cont'd) Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 879115 Ontario Limited requesting permission to erect a pylon real estate sign having an area of 41.67 m2 (448.54 sq. ft.), rather than the maximum permitted 20 m2 (215.28 sq. ft.), on Part of Lot 59, German Company Tract and Part of Lot 1, Municipal Compiled Plan of Part of Lot 59, German Company Tract, 508 Riverbend Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the sign as approved in this application shall be erected only until such time as the building is occupied or until August 1, 2002, whichever occurs first, after which time the minor variance approval will no longer apply. 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. Krimmer that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of August 28, 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 2000-005 Centrefund (Kitchener) Corp. 1005 Ottawa Street North Part of Block "E" & "F", Registered Plan 1170 Appearances: In Support: Mr. P. Gillies LCBO 55 Lakeshore Blvd. East Toronto ON M4E 1A4 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant proposes to add a new retail store (LCBO) within the existing plaza and is requesting permission to erect 4 canopy signs on the front of the new store having a height of 1.84 m (6.03 ft.), rather than the permitted maximum height of 1 m (3.28 ft.). COMMITTEE OF ADJUSTMENT 12 JULY 18, 2000 The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is known as the Stanley Park Mall and the new free standing LCBO store is presently under construction. The LCBO is proposing that the four illuminated awnings are to be the primary signage on the building. This new signage is proposed to be the new exterior signage package to be used Province-wide. 2. Submission No.: SG 2000-005(Cont'd) The Sign By-law allows for a maximum canopy height of 1 m when the clearance above grade is less than 4.26 m. The proposed canopies will be 1.84 m high and the actual sign copy will be less. The variance can be considered minor in nature, as the building is approximately 7.5 m (25 ft.) high and the increased canopy height will be in keeping with the scale of the building. The four illuminated canopy signs will be located over the front windows on either side of the entry doors, and will not interfere with pedestrian or vehicular movements on the property. The new free standing LCBO building and the associated 1.84 m height (6.03 ft) canopy signs are an appropriate and desirable use of the subject property. The variance will still maintain the intent of the Sign By-law. The Department of Business and Planning Services recommends approval of Submission No. SG 2000-005. The Committee noted the comments of the Traffic & Parking Anaylst in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the size or location of the proposed signs. 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 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 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 and enquired if Mr. Gillies had anything further to add. Mr. P. Gillies advised that he had reviewed the staff comments and was in agreement with the recommendation contained therein. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Centrefund (Kitchener) Corp., requesting permission to erect 4 illuminated canopy signs on the front of a proposed new LCBO store having a height of 1.84 m (6.03 ft.), rather than the permitted maximum height of 1 m (3.28 ft.), on Part of Block "E" and "F", Registered Plan 1170, 1005 Ottawa Street North, Kitchener, Ontario, BE APPROVED. 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. COMMITTEE OF ADJUSTMENT 13 JULY 18, 2000 The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried 2. Submission No.: SG 2000-005(Cont'd) The Chair pointed out to Mr. Gillies that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of August 28, 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 10:20 a.m. Dated at the City of Kitchener this 18th day of July, 2000. J. Billett Secretary-Treasurer Committee of Adjustment