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HomeMy WebLinkAboutAdjustment - 2001-01-09 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 9, 2001 MEMBERS PRESENT: Messrs. S. Kay, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:37 a.m. This meeting of the Committee of Adjustment sitting 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 the 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, January 29, 2001, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS Submission No.: 1.SG 2001-001 Applicant: Club Abstract Property Location: 667 King Street West Legal Description: Part Lot 31, Streets and Lanes, Part Lots 34 and 35, Registered Plan 377, designated as Part 1 on Reference Plan 58R-2733 Appearances: In Support:Mr. M. Gaudreau Impact Signs 9 - 3 Centennial Road Kitchener ON N2B 3E9 Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to legalize an existing pylon sign having a grade level clearance of 1.52 m (5 ft.), rather than the required 2.44 m (8 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject sign was issued a sign permit in September 2000; however, the sign was not constructed according to the drawings submitted with the sign permit application. This variance is the result of an enforcement matter. The sign has been placed approximately 0.6 metres (2 feet) from the front lot line. The applicant states that he erroneously believed the grade to be taken from the sidewalk level which is approximately 0.9 metres (3 feet) lower than the grade at which the sign is located. The sign consists of a changeable letter readerboard, and was actually a portable sign converted to a permanent sign. The lower clearance for the readerboard makes it easier to access the sign face and change the letters and provides information regarding the business to a large volume of traffic on a primary arterial road. COMMITTEE OF ADJUSTMENT- 2 -JANUARY 9, 2001 Submission No.: 1.SG 2001-001 (Cont'd) The intent of the regulation requiring 2.44 metres clearance for the sign face is to allow for unobstructed visibility for vehicles accessing the property and neighbouring properties. However, a site visit confirms that the requested clearance of 1.52 metres still permits an unobstructed view of pedestrian and vehicular traffic. It is noted that the Traffic Division has no concerns regarding visibility for this sign. The sign complies with all other regulations of the Sign By-law. Based on the above, staff are of the opinion that the sign meets the intent of the Sign By-law and is deemed appropriate for the property and surrounding area. The Department of Business and Planning Services recommends approval of Minor Variance Application SG 2001-001 as shown on the drawings submitted with the application. 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 existing 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 have no concerns; however, any development on the subject lands 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 objection to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Mr. Gaudreau had anything further to add. Mr. M. Gaudreau advised that he had reviewed the staff reports and had nothing further to add. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Club Abstract requesting permission to legalize an existing pylon sign having a grade level clearance of 1.52 m (5 ft.), rather than the required 2.44 m (8 ft.), on Part Lot 31, Streets and Lanes, Part Lots 34 and 35, Registered Plan 377, designated as Part 1 on BE APPROVED Reference Plan 58R-2733, 667 King Street West, Kitchener, Ontario, , subject to the following condition: 1.That the variance as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2001-001. 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 advised Mr. Gaudreau that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of January 29, 2001, at 7:00 p.m., in the Council Chamber and he may register as a delegation to appear before Council at that time. COMMITTEE OF ADJUSTMENT- 3 -JANUARY 9, 2001 Submission No.: 2.SG 2001-002 Applicant: Herman Kosky Property Location: 147 King Street West Legal Description: Part Lots 11 & 12, Registered Plan 380 Appearances: In Support:Ms. A. Petsche Good 147 King Street West Kitchener ON N2G 1A7 Mr. P. Moir Sign Depot 2600 King Street East Kitchener ON N2A 1A4 Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to legalize an existing fascia sign with a maximum projection of 0.46 m (1.5 ft.) from the wall, rather than the permitted 0.35 m (1.15 ft.). The applicant is also requesting permission to install a second projecting sign constructed of foam material, rather than permitted materials of wood or metal. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the fascia sign has already been erected and the other sign, a projecting sign, has been constructed but not yet erected on the building. Both signs have received approval from Council for encroachment over King Street right-of-way. However, when the applicant applied for sign permits it was discovered that both signs required variance approval. The fascia sign is made of individual letters placed on a metal frame. The metal frame was actually used for a previous canopy sign on the building but the canopy was destroyed by fire. The frame was turned upside down and the letters placed on the frame that projects from the wall 0.46 metres. As a 'canopy' sign this was permitted but there is now no canopy material on the framework and the sign is defined as a 'fascia'. The intent of the maximum projection is to regulate fascia signs in order that they are aesthetically appealing. The sign projects 0.11 metres (4.3 inches) more than the permitted maximum. This amount can be considered minor in nature when compared to the overall design of the sign and the height of the two-storey wall on which it is placed. The intent of the regulation in D-1, D-2 or D-3 zones that requires projecting signs to be made of either wood or metal is to ensure that all projecting signs are similar in appearance which provides some cohesion for the downtown core and to ensure that the material would wear well over the years. The applicant proposes to erect a sign made of sign foam that will give the appearance of wood but will last longer. It is noted that the sign will be secured to the wall by a 4" x 4" wooden yardarm style post. Staff are of the opinion that the sign is minor in nature and desirable given the fact that it looks like wood but is actually made of urethane foam which is lighter and according to the material provided by the sign company, is actually superior to wood for its versatility and longevity. The signs meet all other regulations of the Sign By-law. Based on the above, staff are of the opinion that the signs meet the intent of the Sign By-law and are deemed appropriate development for the property and the downtown. The Department of Business and Planning Services recommends approval of Minor Variance Application SG 2001-002 as shown on the attached drawings. 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. COMMITTEE OF ADJUSTMENT- 4 -JANUARY 9, 2001 Submission No.: 2.SG 2001-002 (Cont'd) 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 existing 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 have no concerns; however, any development on the subject lands 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 objection to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Ms. Petsche Good had anything further to add. Ms. Petsche Good provided the Committee with pictures showing one of the signs prior to the building being damaged by fire, as well as what it looks like now. Ms. Petsche Good advised that following damage by fire the original sign was replaced using the old frame and it was not anticipated that there would be a problem. It was discovered after the fact the new sign is considered to be a fascia sign whereas the previous sign was a canopy, and this has resulted in the need for a variance. In addition, she advised that a second sign which has not yet been erected requires variance approval as the sign will be constructed of foam material rather than permitted materials of wood or metal. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Herman Kosky requesting permission to legalize an existing fascia sign with a maximum projection of 0.46 m (1.5 ft.) from the wall, rather than the permitted 0.35 m (1.15 ft.), and to install a second projecting sign constructed of foam material, rather than permitted materials of wood or metal, on Part Lots 11 and 12, Registered Plan 380, 147 King Street West, BE APPROVED Kitchener, Ontario, , subject to the following condition: 1.That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2001-002. 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. 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 advised Ms. Petsche Good that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of January 29, 2001, at 7:00 p.m., in the Council Chamber and she may register as a delegation to appear before Council at that time. COMMITTEE OF ADJUSTMENT- 5 -JANUARY 9, 2001 ADJOURNMENT On motion, the meeting adjourned at 10:40 a.m. Dated at the City of Kitchener this 9th day of January, 2001. J. Billett Secretary-Treasurer Committee of Adjustment