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HomeMy WebLinkAboutAdjustment - 2001-05-01 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 1, 2001 MEMBERS PRESENT: Messrs. P. Kruse, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:15 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 Tuesday, May 22, 2001, 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.: 1. SG 2001-003 Applicant: Petro Canada Property Location: 4592 King Street East Legal Description: Part of Lots 23 and 24, Beasley’s Broken Front Concession Appearances: In Support:None In Contra:None Written Submissions: In Support:None Contra:None As this is the second time Submission No. SG 2001-003 has come before the Committee of Adjustment without the applicant or their agent/counsel appearing in support of the application, this Committee considers that the application has been abandoned and is thereby dismissed. NEW BUSINESS Submission No.: 1.SG 2001-006 Applicant: Theatre & Company Property Location: 36 King Street West, Kitchener Legal Description: Plan 838, Part Lots 2 & 4, Plan 401, Part Lots 2 & 7, Street & Lanes Lot 170, Ref Plan 58R-6358, Parts 1 & 2 Appearances: In Support:Mr. S. Scadron-Wattles Theatre & Company 36 King Street West Kitchener, ON COMMITTEE OF ADJUSTMENT- 10 -MAY 1, 2001 Submission No.: 1. SG 2001-006 (cont’d) Ms. S. Levant Pride Signs 280 Holiday Inn Drive Cambridge, ON Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to erect a sign on the canopy, underneath which will be 2 electronic message centres. The total height of the signage will be 1.56 m (5.1 ft.) rather than the permitted 1 m (3.28 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the drawings submitted indicate an overall sign height of 1.6 metres (5.2 feet). It is recommended that this variance be amended to reflect the increase in total height. Canopy signs are permitted in the D-1 zone but are restricted to 1 metre in height when the sign face has a clearance above grade of less than 4.26 metres. The proposed sign has a clearance of 2.8 metres. The intent of the sign height regulation is to control the size of a canopy sign so that it does not visually dominate the building on which it is constructed. The applicant states that the proposed sign structure is in keeping with the modern design of the new building. The sign actually consists of two parts: the main sign area with the Theatre & Company identification, and below that two electronic readerboards (automatic changing copy signs) placed at an angle to each other for better visibility to the public. The combined sign height of 1.6 metres is not excessively high or visually inappropriate for the size and downtown location of the 2-storey commercial structure. Consequently, the impact of the variance can be considered minor in nature. The Traffic Division has no concerns with the proposed sign. The sign would appear to have little or no impact on the surrounding neighbourhood. It is noted that the sign meets all other regulations of the Sign By-law, including regulations for automatic changing copy. A Sign Permit would be required for the sign. Based on the above, the application is considered appropriate development for the commercial use of the land and meets the intent of the Sign By-law. The Department of Business and Planning Services recommends approval of minor variance SG 2001-006 as amended and shown on the submitted drawings. The Committee noted the comments of the Director of Building, the City’s Traffic & Parking Analyst, and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this submission. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that 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 Chair pointed out the recommendation of the Business and Planning Services Department that the application should be amended with respect to the overall height of the sign, being 1.6 metres (5.2 feet) rather than the 1.56 metres (5.1 feet) noted in the application. Ms. Levant requested this amendment to the application. 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 COMMITTEE OF ADJUSTMENT- 11 -MAY 1, 2001 Submission No.: 1.SG 2001-006 (cont’d) That the application of Theatre & Company requesting permission to erect a sign on the canopy, underneath which will be 2 electronic message centres, having a total height of 1.6 m (5.2 ft.) rather than the permitted 1 m (3.28 ft.), on Part Lots 2 & 4, Plan 838, Part Lots 2 & 7, Plan 401, and Lot 170, Streets and Lanes, being Parts 1& 2, Reference Plan 58R-6358, 36 King Street BE APPROVED West, Kitchener, Ontario , subject to the following conditions: 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 2001-006. 2. That the applicant shall receive approval of a sign permit prior to erecting the sign. 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 that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of May 22, 2001, at 7:00 p.m., in the Council Chamber and they may register as a delegation to appear before Council at that time. Submission No.: 2.SG 2001-007 Applicant: Home Hardware Stores Ltd. Property Location: 166 – 186 Park Street, Kitchener Legal Description: Plan 317, Lots 3 to 26 Robert Street, Cherry Street Part Lots 2, 27, 28, 29, 35 & 37, Plan 317, Part Lots 1 &2 The Committee was in receipt of electronic mail from Mr. Ian McCowan, Teksign Inc., agent for the applicant, advising that this application has been withdrawn. ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 1st day of May, 2001. Dianne Gilchrist Acting Secretary-Treasurer Committee of Adjustment