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HomeMy WebLinkAboutAdjustment - 2004-12-07 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 77 2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton, D. Cybalski, Z. Janecki and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. Brent, Assistant Secretary-Treasurer, and Ms. D. Gilchrist, Secretary-Treasurer Mr. P. Britton, Chair, called this meeting to order at 11:05 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, December 13, 2004, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS Submission No.: Applicant: Property Location: Legal Description: SG 2004-011 K-W YMCA 333 Carwood Avenue Part Lot 24, Subdivision of Lot 49, German Company Tract, and Part Lots 7 - 9, Plan 791, being Part 1, Reference Plan 58R-3119, Part 1, Reference Plan 58R-3326, Parts 3 - 5, Reference Plan 58R-3912, and Part 2, Reference Plan 58R-5178 Appearances: In Support: Mr. C. Jones Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a roof sign for the existing YMCA with a Major Institutional (I-3) Zone whereas the I-3 zone does not permit roof signs. The Committee considered the report of the Development and Technical Services Department, dated November 9, 2004, recommending approval of this application, provided the sign is constructed generally in accordance with the plans submitted. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, in which they advise they have no concerns with this application. The Chair questioned staff with respect to their comments that roof signs are not permitted in the zone, and whether or not it can be considered that approval of such a sign would meet the intent and purpose of the Sign By-law. Mr. Sloan responded that staff are currently undertaking a review of the sign by-law. Further, this Committee is not making a final decision, but a recommendation to City Council. Ultimately, the decision is Council's. When questioned by the Committee, Mr. Jones advised the proposed sign is that shown as "Option A" on the submitted drawings. COMMITTEE OF ADJUSTMENT 19 DECEMBER 7, 2004 Submission No.: SG 2004-011 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of K-W YMCA requesting permission for a roof sign for the existing YMCA within Major Institutional (I-3) Zone whereas the I-3 Zone does not permit roof signs, on Part Lot 24, Subdivision of Lot 49, German Company Tract, and Part Lots 7 - 9, Plan 791, being Part 1, Reference Plan 58R-3119, Part 1, Reference Plan 58R-3326, Parts 3 - 5, Reference Plan 58R-3912, and Part 2, Reference Plan 58R-5178, 333 Carwood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That only one roof sign shall be permitted on this property, shown as "Option A" on the plans submitted with this application, which shall be constructed generally in accordance with those plans. 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 NEW BUSINESS Submission No.: Applicant: Property Location: Legal Description: SG 2004-012 410 King Properties Limited 410 King Street West 118, Part Lots 56-58, 110-117, 119 & Part of Lane, Plan 374 being Part 11, Reference Plan 58R-14293, Appearances: In Support: Ms. A. Marchildon Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect 6 temporary vinyl banner signs above the entrance to the existing building at the corner of King Street West and Water Street and along the King Street frontage of the subject property; whereas such signs are not permitted in the City's Sign By-law. The Committee considered the report of the Development and Technical Services Department, dated November 30, 2004, recommending approval of this application, provided the method of attaching the banner signs is not invasive to the historic masonry, that the banner signs shall be capable of being removed in the future without causing permanent damage to the historic building fabric, and that the signs shall be removed no later than January 1,2008. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated November 30, 2004, in which they advise they have no concerns with this application. The Chair questioned staff's recommendation to approve a form of signage not permitted in the zone. Mr. Sloan advised the Committee's decision on this application is a recommendation to City Council, and Council will make the final decision. Further, it is the fact that the banner signs are made of vinyl that is at variance to the Sign By-law. COMMITTEE OF ADJUSTMENT 20 DECEMBER 7, 2004 Submission No.: SG 2004-012 (Cont'd) The Committee questioned why the banners are required until 2008, if occupancy is expected within 18 months. Ms. Marchildon explained that additional signs will be requested when other parts of the building are to be opened. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 410 King Properties Limited requesting permission to erect 6 temporary vinyl banner signs above the entrance to the existing building at the corner of King Street West and Water Street, and along the King Street frontage of the subject property, on Lot 118, Part Lots 56 - 58, 110-117, 119 & Part of Lane, Plan 374 being Part 11, Reference Plan 58R- 14293, 410 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variance as approved in this application shall apply to the signs generally as shown on the plans submitted with this application. That the method of attaching the banner signs not be invasive to the historic masonry, and that the banner signs be capable of being removed in the future without causing permanent damage to the historic building fabric, to the satisfaction of the Manager of Design and Development. 3. That the signs shall be removed no later than June 30, 2006. 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 ADJOURNMENT On motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 7th day of December, 2004. Dianne H. Gilchrist Secretary-Treasu rer Committee of Adjustment