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HomeMy WebLinkAboutAdjustment - 2001-08-14 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 14, 2001 MEMBERS PRESENT: Messrs. P. Kruse, P. Britton and D. Cybalski. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:00 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 2001-009 Applicant: 1077941 Ontario Ltd. Property Location: 100-160 King St. E. and 25 Frederick Street Legal Description: Lot 31 and Part Lots 6, 30, 32 & 34, Plan 364, NS King Street Part Highway Closed, designated as Parts 1, 2, 6, 7, & 8 on Reference Plan 58R-488 Appearances: In Support:Ms. Levant Pride Signs Ltd. 280 Holiday Inn Drive Cambridge, ON N3C 1Z4 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 west elevation of the bridge across Frederick Street which will have a separation of 21.33 m (70 ft.) from the traffic signals at the intersection of King and Frederick Streets rather than the required separation of 23 m (75.5 ft.). The Committee noted the comments of Business and Planning Services in which they advised that the owner of the property is requesting the sign so that there is equal representation of services for traffic travelling in both directions of King St. E. A sign permit was issued in July 2001 for a similar electronic message centre sign to be located on the east elevation of the bridge. Fascia signs are permitted in the D-1 zone and automatic changing copy is permitted provided it is located at least 23 metres from a street intersection or traffic light. The intent of the by-law is to COMMITTEE OF ADJUSTMENTAUGUST 14, 2001 16 Submission No.: 1. SG 2001-009 (Cont’d) ensure that there is no interference or confusion for the drivers when viewing approaching intersections and/or traffic signals. The proposed sign encroaches into the separation distance by 1.67 metres (5.48 feet) which is 7% of the required setback. Staff is of the opinion that this encroachment is minor in nature. The applicant has stated that the lettering will be red, as there are a limited number of colours available for LED signs. However the copy will not flash or scroll and messages are not intended to change frequently (i.e. every minute or less). As the copy will not be changing frequently or flashing this would appear to meet the intent of the by-law as drivers should not be distracted by the message centre. However should the sign create any conflict with the existing control signal or be proven to increase the number of collisions near the sign, the law permits the City to require that it be removed. The sign would not appear to impact on the neighbouring commercial properties and is considered appropriate signage for the downtown. The sign complies with all other regulations of the by-law. The applicant is required to obtain a sign permit. Business and Planning Services recommends approval of minor variance application SG2001- 009 as shown on the drawings submitted. The Committee noted the comments of the Director of Building, the Traffic & Parking Analyst and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this application. The Committee noted the comments of Planning, Housing & Community Services, Region of Waterloo in which they advised that Traffic Engineering staff recommend that the following conditions be imposed for the sign variance: 1.That the display shall not create any conflict with the existing traffic control signal by using any flashing operation or symbolization that is similar in colour or intent to the signals. 2.Should it be proven conclusively that the proposed sign causes or contributes to an increase in the number of collisions near the sign, that the sign be removed. 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. S. Levant advised that she had reviewed the staff reports and was in agreement with the recommendations contained therein. With regard to the Regional comments respecting removal of the sign if it is found to cause or contribute to collisions in the area, Ms. Levant indicated that they would have no difficulty with removing the sign. In addition, she advised that the sign did not necessarily have to be centred on the bridge and her client would be willing to place it wherever the Committee deemed appropriate. In response to a question, Ms. J. Given advised that removal would apply to any sign erected that was found to cause or contribute in an increase in the number of collisions near the sign and did not necessarily need to be a condition of approval. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of 1077941 Ontario Ltd. requesting permission to erect a sign on the west elevation of the bridge across Frederick Street, having a separation of 21.33 m (70 ft.) from the traffic signals at the intersection of King and Frederick Streets, rather than the required separation of 23 m (75.5 ft.), on Lot 31 and Part Lots 6, 30, 32 and 34, Plan 364, NS King Street, Part Highway Closed, designated as Parts 1, 2, 6, 7, & 8 on Reference Plan 58R-488, 100-160 King BE APPROVED Street East and 25 Frederick Street, Kitchener, Ontario, , subject to the following conditions: COMMITTEE OF ADJUSTMENTAUGUST 14, 2001 17 Submission No.: 1. SG 2001-009 (Cont’d) 1.That the variance as approved in this application shall apply to the proposed sign generally as shown on the plan submitted with the Sign Variance Application, Submission No. SG 2001-009. 2.That the owner shall ensure the sign display does not create any conflict with the existing traffic control signal by using any flashing operation or symbolization that is similar in colour or intent to the signals and should it be proven conclusively that the proposed sign causes or contributes to an increase in the number of collisions near the sign, that the sign shall be removed. 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 Submission No.: 2.SG 2001-010 Applicant: Petro Canada Inc. Property Location: 4319 King Street East Legal Description: Part Lot 9, Beasley’s Broken Front Concession Appearances: In Support:Mr. D. Woods Manager, Real Estate Development Network Management Petro Canada Inc. 3275 Rebecca Street Oakville, ON L6L 6N5 Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to erect a pylon sign to have a clearance between the bottom of the sign and grade of 1.64 m (5.38 ft.) rather than the required 2.44 m (8 ft.). The Committee noted the comments of Business and Planning Services in which they advised that the property has recently been redeveloped with a service station and carwash plus a convenience retail component. The applicant has advised that they cannot comply with the clearance requirement in the Sign By-law and still be able to advertise all of the offerings of the facility. They also advise that Petro Canada is standardizing signage for similar facilities and would prefer to be able to utilize the same fabrication process. The proposed pylon sign has a height of 7.5 metres (24.6 ft.) with a sign face area of 11.304 metres square (121.6 sq. ft.). The proposed sign is to be setback 3.0 metres (10 ft.) from the front property line abutting King Street. The sign complies with all regulations of the by-law except for the reduced clearance. In reviewing the plan for the proposed sign location it was noted that the 3.0 metre (10 ft.) setback will locate the sign well away from the street line, as there is a 7.0 metre (23 ft.) landscaped boulevard between the front property line and King Street. This will lessen the impact of the sign on the streetscape. COMMITTEE OF ADJUSTMENTAUGUST 14, 2001 18 Submission No.: 2. SG 2001-010 (Cont’d) The reduction in clearance for the pylon sign of 1.64 metres (5.38 ft.) rather than the required 2.44 metres (8 ft.) is relatively minor, being a difference of only 0.8 metres (2.62 ft.). The construction of the sign is such that the area beneath the sign face will be open and free of obstruction except for the two supporting columns. In this regard, the variance can be considered minor in nature as it maintains the intent of the Sign By-law requirement for unobstructed visibility. Staff believes the proposed pylon sign with a clearance of 1.64 metres (5.38 ft.) is appropriate for the development of the subject property. The setback of 3.0 metres (10 ft.) from the front lot line as opposed to the permitted 0.4 metres (16 inches) is significant in that the impact of the sign on the streetscape will be negligible. Business and Planning Services recommends approval of Submission SG 2001-010. The Committee noted the comments of the Director of Building, the Traffic & Parking Analyst, 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. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Petro Canada Inc. requesting permission to erect a pylon sign having a clearance between the bottom of the sign and grade of 1.64 m (5.38 ft.), rather than the required 2.44 m (8 ft.), on Part Lot 9, Beasley’s Broken Front Concession, 4319 King Street East, BE APPROVED Kitchener, Ontario, , subject to the following condition: 1. That the variance as approved in this application shall apply to the proposed sign generally as shown on the plan submitted with Sign Variance Application, Submission No. SG 2001- 010. 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 ADJOURNMENT On motion, the meeting adjourned at 10:07 a.m. th Dated at the City of Kitchener this 14 day of August, 2001. Janet Billett Secretary-Treasurer Committee of Adjustment