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HomeMy WebLinkAboutAdjustment - 2001-07-17 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 17, 2001 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse, P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. S. Kay, called this meeting to order at 10:05 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, August 27, 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 2001-008 Applicant: Michael Toyroyntzas, 1368308 Ontario Inc. Property Location: 155 Breckenridge Drive Legal Description: Lot 31, Registered Plan 1307, designated as Part 1, Reference Plan 58R-2288 Appearances: In Support:Mr. Michael Toyroyntzas 155 Breckenridge Drive Kitchener, Ontario In Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to locate a 2.44 m (8 ft.) high ground sign to be located 0.3 m (1 ft.) from the lot line along Ottawa Street rather than the permitted 1.5 m (4.92 ft.) high ground sign. The Committee noted the comments of Planning Staff, dated 2001-07-11, in which they advised that the applicant requests permission to construct a ground sign having a setback from the lot line abutting Ottawa Street of 0.3 metres (1 foot) rather than the required minimum setback of 3 metres (10 feet); and a sign height of 2.44 metres (8 feet) rather than the maximum permitted height of 1.5 metres (5 feet). After reviewing the submitted application and consulting the owner, it appears that this request was based on the assumption that the lot line was located at the sidewalk along Ottawa Street. Staff has confirmed from Public Works records that the lot line is actually 0.3 metres (1 foot) away from the sidewalk. It is noted that the proposed sign cannot be moved any farther back into the COMMITTEE OF ADJUSTMENT- 13 -JULY 17, 2001 Submission No.: 1. SG 2001-008, (Cont’d) lot as it would then be located in the parking area. Therefore the actual setback of the proposed sign is 0 metres. After consultation with the applicant, he has agreed to shorten the width of the sign from 2.7 metres (9 feet) to 2.44 metres (8 feet). This would maintain the variance request for a 0.3 metre (1 foot) setback from the lot line; and consequently results in a 0.6 metre (2 foot) setback from the sidewalk. The applicant wishes to construct a permanent sign as it is deemed to be more aesthetic than a portable sign, with which staff concurs. The proposed sign has a changeable 3-line readerboard located on each side of the two faces. The requested setback abuts a primary arterial road and offers the best visibility to high volumes of passing traffic. The intent of the regulations regarding the 3 metres setback and the 1.5 metre height restriction is to ensure that a ground sign will not pose a visibility concern or distraction for passing traffic. The drawings submitted indicate that the sign will be outside the corner visibility triangle and therefore will not pose a visibility problem. Regarding the impact on the surrounding area, staff notes that the property is near some residential areas. Across Breckenridge Drive is situated a semi-detached dwelling and continuing along Ottawa Street the view from the street is of the rear yard of single family dwellings. Across Ottawa Street to the south is located an apartment building and cluster townhouses. It is felt, however, that the sign would have a limited impact on the residential uses. The dwellings on the north side of the street with their rear yards abutting Ottawa Street are buffered from the street by fences, as are the townhouses south of the property. The apartment building is set well back from the street line. In addition, the Ottawa Street right-of-way is approximately 37 metres (121 feet) which results in a substantial buffer area between the sign and the residential dwellings. The applicant has stated that the sign will not be illuminated, either internally or externally. This would lessen the impact of the sign on the surrounding residential area. A commercial plaza containing pylon signs is located directly west of the property and the proposed sign is in keeping with the character of the commercial properties located at the intersection of Ottawa Street and River Road. The proposed sign meets all other regulations of the Sign By-law. The applicant is advised that a Sign Permit would be required. It is noted that in recent reports to Council, staff recommended changes to the ground sign regulations to permit ground signs to be closer to the lot line and higher than presently permitted, not unlike this application. While Council was not prepared to make this change City-wide, they did support the continued consideration of such applications through minor variances. Staff and the Committee of Adjustment have recently supported several such applications as a more aesthetic alternative to portable signs. Based on the above comments, it is the opinion of staff that the requested variance would not appear to have an adverse effect on neighbouring properties and could therefore be considered appropriate development of the property and surrounding area. The requested variance meets the general intent of the Sign By-law and can be considered minor in nature. Business and Planning Services recommends approval of the minor variance SG 2001-008 providing the total width of the sign is reduced to 2.44 metres (8 feet). The Committee noted the comments of the Director of Building, the Traffic & Parking Analyst, the Transportation Planner for the Regional Municipality of Waterloo and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this application, provided that the sign is not located in the corner visibility triangle. COMMITTEE OF ADJUSTMENT- 14 -JULY 17, 2001 Submission No.: 1. SG 2001-008, (Cont’d) As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of Michael Toyroyntzas, 1368308 Ontario Inc. requesting permission to erect a ground sign having a height of 2.44 m (8 ft.) to be located 0.3 m (1 ft.) from the lot line on Ottawa Street rather than the permitted 1.5 m (4.92 ft.) high ground sign on Lot 31, Registered Plan 1307, designated as Part 1, Reference Plan 58R-2288, 155 Breckenridge Drive, Kitchener, BE APPROVED Ontario, , subject to the following condition: 1.That the maximum width of this ground sign shall be 2.44 m (8 ft.). 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. Toyroyntzas that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of August 27, 2001 at 7:00 p.m., in the Council Chamber and they may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:10 a.m. th Dated at the City of Kitchener this 17 day of July, 2001. Dianne Gilchrist Acting Secretary-Treasurer Committee of Adjustment