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HomeMy WebLinkAboutAdjustment - 2000-08-15 SIGCOA\2000-08-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 15, 2000 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse 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 10:08 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 applicants may register with the City Clerk to appear at the meeting if desired. APPLICATIONS Submission No.: Applicant: Property Location: Le.qal Description: SG 2000-006 Mennonite Central Committee (ON) 335 Lancaster Street West Lot 15, Plan 789 Appearances: In Support: Mr. P. Wiebe 203-67 Breckenridge Drive Kitchener ON N2B 3R8 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is proposing to erect a 1.5 m (4.92 ft.) high illuminated ground sign, 0.915 m x 1.829 m (3 ft. x 6 ft.), on lands having frontage on Lancaster Street West of 12.19 m (40 ft.), rather than the required 15.24 m (50 ft.), and at a distance of 14 m (45.93 ft.) from an existing ground sign on an adjacent property, rather than the required 15 m (49.21 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the proposed ground sign is in compliance with all regulations regarding area, height and setback. The existing lot is 12.19 m (40 ft.) wide, and therefore cannot comply with the minimum lot width requirement, however, the existing lot width would still be adequate to accommodate a ground sign of the proposed size without congesting the front yard area. The reduction in separation distance between the proposed sign and existing KFC sign of 14.0 m (45.93) is minimal, and will have no negative impact on the properties in the area. Both the reduced lot width and reduced separation distance will maintain the intent of the Sign By-law, and the proposed ground sign is appropriate for the property. There will be no impact on COMMITTEE OF ADJUSTMENT 15 AUGUST 15, 2000 1. Submission No.: SG 2000-006 (Cont'd) neighbouring properties, and therefore the variance can be considered minor in nature. The Traffic and Parking Division have no concerns with the proposed sign. The Department of Business and Planning Services recommends approval of Submission SG 2000-006. The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the proposed sign location. 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 and inquired if Mr. Wiebe had anything further to add. Mr. P. Wiebe advised that he had reviewed the staff comments and had nothing further to add. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of the Mennonite Central Committee (ON) requesting permission to erect a 1.5 m (4.92 ft.) high illuminated ground sign, 0.915 m x 1.829 m (3 ft. x 6 ft.), on lands having frontage on Lancaster Street West of 12.19 m (40 ft.), rather than the required 15.24 m (50 ft.), and at a distance of 14 m (45.93 ft.) from an existing ground sign on an adjacent property, rather than the required 15 m (49.21 ft.), on Lot 15, Plan 789, 335 Lancaster Street West, 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 The Chair pointed out to Mr. P. Wiebe 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. COMMITTEE OF ADJUSTMENT 16 AUGUST 15, 2000 Submission No.: Applicant: Property Location: Legal Description: SG 2000-007 Radisson Hotel 2960 King Street East Part of Lots 18, 19 & 20, Plan 958 and Part of Lots 4, 6 & 9, Plan 959, designated as Parts 2 & 5 on Registered Plan 58R-7135 Appearances: In Support: Mr. J. Jefferson Neon Products Ltd. 453 Chancellor Drive Woodbridge ON L4L 5E1 Mr. P. Schweyer Radisson Hotel 2960 King Street East Kitchener ON N2A 1A9 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to erect a pylon sign having a sideyard setback from the lot line adjacent to King Street East of 0.15 m (6 in.), rather than the required 0.4 m (1.31 ft.), and located 0.05 m (2 in.) from a vehicular parking area with a 3.66 m (12 ft.) clearance, rather than the required 4.3 m (14 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant requests permission to erect a pylon sign setback 0.15 metres (6 inches) from the lot line abutting King Street rather than the required minimum setback of 0.4 metres (16 inches). Also, permission is required for clearance of the sign face of 2.44 metres (8 feet) rather than the required 4.3 metres (14 feet) for a pylon sign within 0.6 metres (2 feet) of an area intended for vehicular traffic. The application requests clearance of 3.66 metres (12 feet) although the drawings show only 2.44 metres (8 feet). The variance is requested because the proposed sign is a standard design that is used by the Radisson Hotel chain throughout Ontario. The owner is of the opinion that making the sign narrower would make it illegible to passing traffic. As noted on the attached site plan the landscaped area owned by the hotel and abutting King Street is only 2 metres (6.7 metres) wide and this limits the availability of locations for the sign. The intent of the by-law regulations is to allow for unobstructed vehicular ingress and egress to the commercial property. Regarding visibility, it is noted that the proposed sign will be located near the corner of King Street and Morgan Avenue but outside the corner visibility triangle. As well, the sign is at least 50 metres (164 feet) from the driveway access for the hotel/restaurant. It is noted that the Traffic Division has no concerns with visibility for the proposed sign. Staff are willing to support the variance to location. Regarding the sign clearance, staff note that although this request asks for a reduction to 2.44 metres from 4.3 metres, it appears possible to redesign the sign and increase the clearance of the sign face so that it would meet the regulation of the by-law. Therefore staff are of the opinion that the variance request is not necessary for this regulation as compliance can be achieved. Staff are of the opinion that the variance to clearance cannot be supported as it has been submitted and recommend refusal. COMMITTEE OF ADJUSTMENT 17 AUGUST 15, 2000 The Department of Business and Planning Services recommends approval of the requested variance to location and refusal of the requested variance to clearance, as shown on the attached drawings. Submission No.: SG 2000-007 (Cont'd) The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the proposed sign location. 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 variance to location for the sign; however, are recommending refusal of the variance with respect to the clearance of the sign face and enquired if the applicant had anything further to add. Mr. J. Jefferson advised that the Radisson Hotel chain has developed a standard design to be used throughout Ontario which is described as a Iow level monument type sign and, in his opinion, is more aesthetically pleasing in keeping with the existing landscaping. Mr. Jefferson provided the Committee with several pictures displaying a similar sign as well as the property in question and pointed out that there was no other option for placement of the sign without having to remove a parking spot. He further pointed out that if the sign were to be redesigned as Planning staff have suggested it would result in a much taller, thinner sign that would encroach into the crown of the trees and was not desirable from his clients point of view. Ms. J. Given advised that the intent of the clearance regulation was to have unobstructed visibility at a height conducive to being read by motorists. She stated that the sign as proposed falls between the regulations for pylon and ground signs and advised that if it were the Committee's wish to deal with the clearance issue that it may wish to consider approving the variances for height and location based on a ground sign. The Chair stated that he was of the opinion that whether it was called a ground or pylon sign, the sign as proposed was more aesthetically pleasing, blending in with the existing landscaping. Mr. P. Kruse agreed, noting that it would be better to have less in scope and integrated with the landscaping on the property. Accordingly, Mr. Kruse advised that he was prepared to move approval of the application. A brief discussion was undertaken with respect to whether approval should be relative to a pylon sign or a ground sign and it was agreed that the approval would be based on a pylon sign. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of the Radisson Hotel requesting permission to erect a pylon sign having a sideyard setback of 0.15 m (6 in.)from the lot line adjacent to King Street East, rather than the required 0.4 m (1.31 ft.), and for clearance of the sign face, located within 0.6 m (2 ft.) of an area intended for vehicular traffic, of 2.44 m (8 ft.), rather than the required 4.3 m (14 ft.), on Part of Lots 18, 19 & 20, Plan 958 and Part of Lots 4, 6 & 9, Plan 959, designated as Parts 2 & 5 on Registered Plan 58R-7135, 2960 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall be in accordance with the plans submitted with Minor Variance Application, Submission No. SG 2000-007. COMMITTEE OF ADJUSTMENT 18 AUGUST 15, 2000 Submission No.: SG 2000-007 (Cont'd) 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 The Chair pointed out to Mr. Jefferson and Mr. Schweyer 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 they may register as a delegation to appear before Council at that time. Submission No.: Applicant: Property Location: Legal Description: SG 2000-008 McDonald's Restaurants 715 Ottawa Street South at Alpine Road Block A, Registered Plan 1246, designated as Parts 7, inclusive, Registered Plan 58R-12353 10 to 15 Mr. A. Galloway declared a pecuniary interest in this application as his firm has represented the applicant on previous applications and did not participate in any discussion or voting with respect to this application. Mr. A. Galloway left the meeting during consideration of this application and, pursuant to the Municipal Conflict of Interest Act, the application was considered by the remaining two members. Appearances: In Support: Mr. V. Labreche McDonald's Restaurants of Canada Limited McDonald's Place Toronto ON M3C 3L4 Mr. S. Faraji Imperial Signs Ltd. 2465 Stevenage Drive, Unit 101 Ottawa ON K1G 3W2 Contra: None Written Submissions: In Support: Mr. V. Labreche McDonald's Restaurants of Canada Limited McDonald's Place Toronto ON M3C 3L4 Contra: None The Committee was advised that the lands involved in this application contain an existing plaza which is being further developed to include a restaurant use (McDonald's). The applicant is requesting permission to erect 2 drive-through directional ground signs both to be setback less than the required 3 m (9.84 ft.) from the lot line. The first sign will be setback 0.61 m (2 ft) from the lot line at the corner of the Alpine Road access into the plaza and the second sign will be COMMITTEE OF ADJUSTMENT 19 AUGUST 15, 2000 setback 0.15 m (6 in.) from the lot line adjacent to Ottawa Street South at the exit to the drive- through. In addition, the applicant is requesting permission to erect 2 directional ground signs at Submission No.: SG 2000-008 (Cont'd) the entrance to the drive-through which will be located a distance of 12 m (39.37 ft.) apart, rather than the required 15 m (49.21 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property has recently been severed from the abutting plaza at 725 Ottawa Street South and is now addressed as 715 Ottawa Street South. The applicant requests permission to erect four ground signs that do not comply with the Sign By- law. The first ground sign will be setback 0.61 metres (2 feet) from the lot line abutting Alpine Road at the driveway access to the property. The second ground sign will be setback 0.15 metres (0.5 feet) from the lot line abutting Ottawa Street South near the northern most corner of the property. The third and fourth signs are to be located at the entrance to the drive-through which will be located 12 metres (39.37 feet) apart rather than the required 15 metres (49.21 feet). Since submitting this application, the applicant has asked that a fifth ground sign be considered with this application. The sign is to be located at the entrance to the plaza off of Ottawa Street South on an easement created for McDonald's. The sign is proposed to be located approximately 0.30 metres (1 ft.) from the Ottawa Street lot line. The attached site plan indicates each sign by number. In addition, staff note that ground signs #1, #2 and #5, which are located in front of the 6 metre building line setback, have a height of 1.549 metres (5.08 feet) which exceeds the height regulation of 1.5 metres. Lastly, staff notes that signs # 5 and #2 are located less than 15 metres from another sign which is not permitted by the Sign By-law. To legalize all that is requested, this application would have to be amended to request permission for a total of five ground signs with variances as follows: Sign a) b) #1 - permission for a ground sign having a: setback from the lot line abutting Alpine Road of 0.61 metres rather than the required minimum of 3 metres; height of 1.549 metres rather than the permitted maximum of 1.5 metres; Sign a) b) c) #2 - permission for a ground sign having a: setback from the lot line abutting Ottawa Street of 0.15 metres rather than the required minimum of 3 metres height of 1.549 metres rather than the permitted maximum of 1.5 metres; separation distance of approximately 5 metres from a pylon sign rather than required minimum separation of 15 metres; Signs #3 and #4 - permission for two ground signs having a: a) separation distance from each other of approximately 12 metres rather than the required minimum of 15 metres; Sign a) b) c) #5 - permission for a ground sign having a: setback from the lot line abutting Ottawa Street of 0.3 metres rather than the required minimum of 3 metres; height of 1.549 metres rather than the permitted maximum of 1.5 metres; separation distance of approximately 2 metres from a pylon sign rather than the required minimum separation of 15 metres. It is noted that three easements have been approved for McDonald's signs abutting the driveways into and out of the plaza under application B2000-042 and shown on the attached extract from the draft reference plan as Parts 1, 2 and 3. The applicant has only submitted an application for one ground sign (#5 on attached plan) and not the other two. The easements were created based on the signs being "incidental" which means that the signs have no identifiable description or logo advertising the business. However, this application shows that the proposed signs will contain the McDonald's arches, which therefore classifies them as "ground" signs. COMMITTEE OF ADJUSTMENT 20 AUGUST 15, 2000 3. Submission No.: SG 2000-008 (Cont'd) The intent of the Sign By-law in limiting the height and setback from the lot line abutting a street of the signs is to ensure that the signs are not in a visibility corner or distraction to passing vehicular traffic. The intent of the separation distance between pylon/ground signs is to ensure that signs are not clustered together which would not be aesthetically pleasing to the streetscape or neighbourhood. Signs # 1 and 5 are to be located at the driveway entrances to the property at Alpine Road and Ottawa Street. Traffic Division staff have concerns regarding visibility and request that the sign be located outside the 4.5 corner visibility triangles created by the lot lines and the driveways. It is the opinion of staff that the proposed locations within the triangle do not meet the intent of the by-law nor are minor in nature. It should be noted that by meeting the 4.5 metre corner visibility triangle requirement, it is possible to locate the sign within the approved easement area. However, there is limited room to meet both requirements. As well, sign #5 is to be located only 2 metres from an existing pylon sign for the plaza rather than the required 15 metres. The reduced separation distance is 13% of the required separation distance and staff are of the opinion that it would not be considered minor in nature. Aesthetically, the signs would be too close together which would not be deemed appropriate development of the property. Consequently, staff recommends refusal of the variances required for signs #1 and 5. The applicant may wish to consider adding the directional sign for McDonald's to the existing pylon sign for the plaza instead of sign #5 (this would also require a variance as the advertising would be considered "third party"). The applicant may also remove the arches so that the signs may be deemed "incidental" and would not require a sign permit or variance approval, although all signs cannot obstruct clear visibility of vehicular traffic and Traffic staff should be consulted. Sign #2 is to be located 0.15 metres from the lot line abutting Ottawa Street near the corner of Alpine Road. The ground sign contains the McDonald's arches logo as advertising but is also used for directional purposes at the exit of the drive-through. It is noted that the sign will not pose a visibility concern, as it is not located in a corner visibility triangle. However, the sign will be located approximately 5 metres from a pylon sign rather than the required 15 metres. The pylon sign is used to advertise the business to vehicles traveling along Alpine Road and Ottawa Street. However, the subject ground sign is smaller and located further into the property from Ottawa Street and would therefore not be visually cluttering to traffic along the street. The ground sign is to be used for directional purposes advising vehicles "not to enter". Staff is of the opinion that the signs do not interfere or detract from each other as they are viewed from different angles and the directional sign is required for safety purposes. Staff is of the opinion that the variances required for sign #2 are appropriate. It is noted that the Traffic Division has no concerns regarding vehicular visibility for signs #2, 3 or 4. Signs #3 and 4 are used for directional purposes but also contain the McDonald's arches logo for advertising purposes, which results in their being classified as ground signs. The signs are located on either side of a parking area containing four parking spaces and will direct traffic to the entrance of the drive-through. The signs are proposed to be located 12 metres apart rather than the required 15 metres. The 3 metre reduced separation distance could be viewed as minor in nature. As well vehicles parked in the spaces will visually separate the signs. Staff is able to support this variance to signs #3 and 4. Regarding the height of Signs #2, 3 and 4, staff is of the opinion that the proposed 1.529 metre height is deemed to be minor in nature and meeting the intent of the Sign By-law, which permits a height of 1.5 metres. They do not interfere with visibility and are required for the safe flow of traffic on the premises. They could be considered appropriate development for the property. The Department of Business and Planning Services recommends approval of the minor variance as amended for signs # 2, 3 and 4 only, as shown on the attached drawing. Staff recommends refusal of signs #1 and 5 located within the driveway corner visibility triangles. COMMITTEE OF ADJUSTMENT 21 AUGUST 15, 2000 Submission No.: SG 2000-008 (Cont'd) The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed the application and note that the entrance sign nearest Alpine Road as well as the two additional entrance signs at the Ottawa Street access should be relocated outside the 4.5 m driveway corner visibility triangle. 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 Committee noted a written submission from Mr. V. Labreche, McDonald's Restaurants, dated August 14, 2000, in which he advised that he wishes to amend the application as follows: Si,qn #1 The variance request relative to the setback be deleted as the sign will be relocated 3 metres or more from Alpine Road rather than 0.61 metres. The requested variance to the height of the sign is still required. Si,qn #2 Given recent discussions with the Regional Municipality of Waterloo regarding the purchase of lands at the corner of Ottawa Street and Alpine Road (see attached plan), the location of sign #2 must be relocated. As a result, a variance to the separation of the sign relative to the pylon sign is no longer required. The sign will be located along Alpine Road, therefore a variance to the setback on Ottawa Street is also no longer required. However, a 2.5 metre setback of the sign relative to Alpine Road is requested whereas 3 metres is required. Si.qns #3 and #4 No change requested. Si.qn #5 The "McDonald's Arches Logo" will be removed from this sign. Therefore no variance, as requested in the application, is required. In summary, the following is the requested variances, as revised: Si,qn #1: · Sign height of 1.549 metres rather than 1.5 metres. Si.qn #2 · Height of 1.549 metres rather than 1.5 metres. · A 2.5 metre setback from Alpine Road rather than 3 metres. COMMITTEE OF ADJUSTMENT 22 AUGUST 15, 2000 3. Submission No.: SG 2000-008 (Cont'd) Si.qns #3 and #4 · No change request, as per original application. Si.qn #5 · Design of sign will not include any Corporate logo, therefore no variances required. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to various amendments and inquired if Mr. Labreche had anything further to add. Mr. V. Labreche referred to his letter dated August 14, 2000, in which he outlined various requests to amend the application. Mr. Labreche reviewed the amendments with respect to Sign #1 requesting a height variance of 1.549 m rather than 1.5 m and suggesting that a variance for a setback from the lot line abutting Alpine Road is no longer required as the sign will be located setback 3 m or more. Mr. Labreche pointed out that while the sign will be setback 3 m meeting the requirements of the Sign By-law, it is intended to locate the sign along the curb line which may not meet the 4.5 m setback for daylight triangle as regulated by the Traffic & Parking Division. The Chair requested staff to comment and Ms. J. Given advised that staff of the Traffic & Parking Division will only support the sign if it is located outside the 4.5 m daylight triangle. Following further discussion with regard to the location of Sign #1, it was agreed that the Committee would support a 2.5 m setback variance provided the sign was located outside of the 4.5 m daylight triangle, a height variance of 1.549 m and the sign is to be located within a 10 ft. distance from the daylight triangle. The Committee then reviewed the requested amendments for Signs 2, 3, 4 and 5 and were in agreement with the amendments, as requested. Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of McDonald's Restaurants of Canada Limited requesting permission to erect 4 ground signs as follows: a) Sign #1 having a height of 1.549 m (5.08 ft.), rather than the permitted 1.5 m (4.92 ft.), and having a setback of 2.5 m (8.2 ft.) from the lot line adjacent to Alpine Road, rather than the required 3 m (9.84 ft.), subject to the following conditions: 1) that the sign shall be located outside of the 4.5 m (14.76 ft.) daylight visibility triangle; and, 2) that the sign shall be located within a 3 m (9.84 ft.) distance from the daylight visibility triangle; b) Sign #2 having a setback of 2.5 m (8.2 ft.) from the lot line adjacent to Alpine Road, rather than the required 3 m (9.84 ft.) and having a height of 1.549 m (5.08 ft.), rather than the permitted 1.5 m (4.92 ft.); and, c) Sign #'s 3 & 4 having a separation distance from each other of 12 m (39.37 ft.), rather than the required 15 m (49.21 ft.); with all sign locations as shown numerically on the revised plan dated August 14, 2000 and as submitted to the Committee of Adjustment on August 15, 2000; COMMITTEE OF ADJUSTMENT 23 AUGUST 15, 2000 on Block A, Registered Plan 1246, designated as Parts 7, 10 to 15 inclusive, on Registered Plan 58R-12353, 715 Ottawa Street South at Alpine Road, Kitchener, Ontario, BE APPROVED. Submission No.: SG 2000-008 (Cont'd) 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 The Chair pointed out to Mr. Labreche 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 2000-009 MTD Products Limited 61 Kent Avenue Part Lots 447 to 454, Plan 262, designated as Parts Reference Plan 58R-4322 1 &2on In Support: Ms. S. Levant Pride Signs Ltd. 280 Holiday Inn Drive Cambridge ON N3C lZ4 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 height of 1.905 m (6.25 ft.), rather than the permitted 1.5 m (4.92 ft.) and a setback 0.4 m (1.31 ft.) from the property line adjacent to Kent Avenue, rather than the required 6 m (19.68 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the property is located on Kent Avenue, and is one of the MTD Products Limited facilities within the area. This facility has a building setback from the front property line of approximately 7.0 m (22.96 ft.). The applicant proposes the sign to have a setback of 0.4 m (1.31 ft.) from the front property line to ensure the sign is clearly visible. A reduction in height to the permitted 1.5 m (4.92 ft.) would not be possible due to poor visibility from snow accumulation in the winter months. The proposed sign will be located well away from the driveway access to the facility. The reduced setback of 0.4 m (1.31 ft.), and height increase to 1.905 m (6.25 ft.) provides adequate visibility to and from the site as there is a 3.76 m (12.33 ft.) boulevard between the sign location and the back edge of the curb. This will ensure clear and unobstructed visibility for both vehicular and pedestrian movements to and from the site. The Traffic and Parking Division has no concerns with the proposed location of the ground sign. COMMITTEE OF ADJUSTMENT 24 AUGUST 15, 2000 The proposed ground sign will not impact neighbouring properties and can be considered minor in nature. Approval of this variance maintains the general intent and purpose of the Sign By-law and is appropriate for the MTD Products Limited facility. 4. Submission No.: SG 2000-009 (Cont'd) The Department of Business and Planning Services recommends approval of Submission SG 2000-009. The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the proposed sign location. 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 the entire property is located within the floodplain of Schneider Creek and is consequently regulated by the Grand River Conservation Authority under Ontario Regulation 149 as amended by 69/93, 669/94 and 142/98. However, please be advised that we have no objection to the passing of the proposed variance to the Sign By-law to allow the erection of the sign. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and inquired if Ms. Levant had anything further to add. Ms. Levant advised that she 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 Mr. P. Kruse Seconded by Mr. A. Galloway That the application of MTD Products Limited requesting permission to erect a ground sign having a height of 1.905 m (6.25 ft.), rather than the permitted 1.5 m (4.92 ft.) and setback 0.4 m (1.31 ft.) from the property line adjacent to Kent Avenue, rather than the required 3 m (9.84 ft.), on Part Lots 447 to 454, Plan 262, designated as Parts 1 & 2, Registered Plan 58R-4322, 61 Kent Avenue, 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 The Chair pointed out to Ms. Levant 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 she may register as a delegation to appear before Council at that time. COMMITTEE OF ADJUSTMENT 25 AUGUST 15, 2000 ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 15th day of August, 2000. J. Billett Secretary-Treasurer Committee of Adjustment