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HomeMy WebLinkAboutAdjustment - 2001-09-11 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 11, 2001 MEMBERS PRESENT: Messrs. P. Kruse, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:10 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, September 17, 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 2001-011 Applicant: Mary Karidas Property Location: 82 King Street West Legal Description: Part Lot 3, Registered Plan 401 Appearances: In Support:Mr. P. Henderson 15 Floyd Street Kitchener, ON N2H 4K8 Contra:None Written Submissions: In Support:None Contra:None The applicant is requesting permission to erect a projecting sign onto the front wall of an existing restaurant (Pita Factory) on a lot having a maximum frontage of 5.44 m (17.85 ft.), rather than the required 6 m (19.68 ft.). The Committee noted the comments of Business and Planning Services in which they advised that the applicant has applied for a sign permit to erect a new 48 inch diameter projecting sign for a new restaurant at 82 King Street West (Pita Factory). In reviewing the sign drawings, staff discovered that the property has a frontage of only 5.44 metres (17.85 ft.), where the Sign By-law requires a minimum frontage of 6 metres (19.68 ft.). The 6 metre frontage requirement is to ensure adequate separation distance between projecting signs. The variance being requested is only 0.56 metres (1.8 ft.), which staff considers to be minor in that there will still be adequate separation between the proposed sign and any new signage to be erected on the neighbouring properties. COMMITTEE OF ADJUSTMENTSEPTEMBER 11, 2001 20 Submission No.: 1. SG 2001-011 (Cont’d) As the proposed sign complies with all other regulations of the by-law, staff considers this application to be appropriate development for the property and the downtown. Accordingly, Business and Planning Services recommends approval of Submission SG 2001-011. The Committee noted the comments of the Director of Building, the Traffic and Parking Analyst, the Grand River Conservation Authority and the Region of Waterloo in which they advised that they have no concerns or comments with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and inquired if Mr. Henderson had anything further to add. Mr. P. Henderson advised that he had reviewed the staff report and had nothing further to add. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Mary Karidas requesting permission to erect a projecting sign onto the front wall of an existing restaurant (Pita Factory) on a lot having a maximum frontage of 5.44 m (17.85 ft.), rather than the required 6 m (19.68 ft.), on Part Lot 3, Registered Plan 401, 82 King BE APPROVED Street West, Kitchener, Ontario, . 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 September 17, 2001 at 7:00 p.m. in the Council Chamber and Mr. Henderson was advised that he may register as a delegation to appear before Council at that time. Submission No.: 2.SG 2001-012 Applicant: 1427852 Ontario Inc. Property Location: 740 Ottawa Street South Legal Description: Part of Lot 4, Registered Plan 1022, designated as Parts 18 to 23 inclusive on Reference Plan 58R-12520 Appearances: In Support:None Contra:None Written Submissions: In Support:None Contra:None The applicant is requesting permission to erect a pylon sign having a maximum height of 11 m 2 (36.09 ft.), rather than the permitted 7.5 m (24.6 ft.) and a maximum area per side of 40 m 2 (430.57 sq.ft.), rather than the permitted 20 m (215.29 sq.ft.). The Committee noted the comments of Business and Planning Services in which they advised that an additional two variances would be required: 1) a pylon sign located 0 metres from the lot COMMITTEE OF ADJUSTMENTSEPTEMBER 11, 2001 21 Submission No.: 2. SG 2001-012 (Cont’d) line rather than the required 0.4 metre setback; and 2) portions of the sign are to display non- accessory copy, therefore making it a third party sign. The applicant wishes to construct the sign because it is felt that the size, nature and extent of the development for the subject lands cannot be adequately serviced with a sign that would be permitted under the Sign By-law. The intent of the area and height regulations for pylon signs is to ensure that a sign does not dominate the streetscape. It is noted that the sign is twice the size permitted and almost 50% higher than permitted. It would be located up to the lot line; as well as encroaching approximately 1.12 metres over a city owned sidewalk. In addition, the sign is proposed to be located over a 3 metre easement for an underground storm water management pipe. The Engineering Division has advised staff that a sign would not be permitted in this location. Because of staff concerns regarding the extent of the variances and the sign location generally, as well as the technical concerns of Engineering Services, it is suggested that this variance request be deferred in order that the applicant and staff may meet to discuss concerns regarding the sign and its location, with the aim of revising the location and required variances. Business and Planning Services recommends deferral of minor variance application SG2001-012 to the meeting of October 2, 2001. The Committee noted the comments of the Director of Building in which he advised that a professional engineer is required to design and review installation of the sign exceeding 7.5 metres in height and a building permit is required for the oversized sign. The Committee noted the comments of the Grand River Conservation Authority and the Traffic and Parking Analyst in which they advised they have no concerns or comments with respect to this application. The Committee noted the comments of the Region of Waterloo in which they advised that the proposed site plan attached to the application indicates the proposed sign will overhang the property line and sidewalk in this area. This is not acceptable and the sign must be moved such that no portion overhangs the road allowance on Ottawa Street. As there was no one in attendance to support the application and staff are recommending deferral of the application, the Committee agreed to defer the application to its next meeting scheduled to be held on Tuesday, October 2, 2001. Submission No.: 3.SG 2001-013 Applicant: Corporation of the City of Kitchener Property Location: Downtown Boundary, as established by Amendment No. 35 to the City’s Municipal Plan (By-law No. 2001-63) Appearances: In Support:Mr. T. Boutilier Senior Planner, Downtown & Market Research City of Kitchener th 200 King Street West, 6 floor Kitchener, ON N2G 4G7 Contra:None Written Submissions: In Support:None Contra:None COMMITTEE OF ADJUSTMENTSEPTEMBER 11, 2001 22 Submission No.: 3. SG 2001-013 (Cont’d) The Committee was advised that relief is requested from c.680.3.12 of the City’s Municipal Code to allow signs to be erected on street light standards located on public rights-of-way, up to a maximum of six (6) locations, within the Downtown boundary as established by Amendment No. 35 to the City’s Municipal Plan (By-law No. 2001-63), with the following variances requested: · display of two signs (Business Directory and Special Events Board) on a street light standard, rather than the permitted one sign per owner; · erection of signs which do not conform to the shape of, and exceed the width of the diameter of, the street light standard on which they will be displayed; · a maximum dimension per sign of 0.91 m x 1.22 m (3 ft x 4 ft), rather than the permitted 28 cm x 46 cm (11" x 18"); · signs to be permanently affixed to the street light standards, rather than by tape, wire, staples, push pins or thumb tacks; · no date of posting to be displayed; · changing of signs periodically, approximately every three months for the Business Directory and more frequently for the Special Events Board, rather than removal within 14 days from date of posting or within 48 hours of the occurrence of an event advertised on the sign. The Committee noted the comments of Business and Planning Services in which they advised that a lthough unique, these signs would be considered "posters". The City may erect any type of sign in any zone provided it is in full compliance with the regulations for such sign type. It is noted that posters on poles are permitted throughout the city. The proposed signs are unique in that they are larger than permitted and are designed to be permanently affixed to the poles, as this will allow the best possible visibility to the public. It is felt that the signs are the most appropriate form of signage given the purpose to advertise/inform the public of downtown events and businesses. The intent of the regulations for posters is to ensure that they do not negatively impact the aesthetics of the neighbourhood surrounding the signs. The proposed locations for the signs are all in the downtown, specifically D-1, D-3 and D-7 zones. Staff are of the opinion that the signs, although large in comparison to standard posters, are appropriate for the location in the downtown core, which contains mostly commercial businesses. The signs would provide continuity throughout the downtown and provide advertising for upcoming downtown events and advising the public of downtown businesses. Details are not given regarding the specific locations of the signs and therefore staff recommends that the Traffic Division be consulted regarding specific locations, once known, so that any concerns regarding visibility are addressed. Staff are of the opinion that the signs are appropriate development for the properties in the downtown and will not adversely affect the enjoyment of abutting properties. The signs meet the general intent of the by-law and due to their unique nature, the required variances to the Sign By- law can be considered minor in nature. Business and Planning Services recommends approval of minor variance application SG2001- 013 as shown on the submitted drawings. The Committee noted the comments of the Director of Building 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 the Traffic and Parking Analyst in which he advised that Traffic and Parking have no concerns with the proposed signs; however, recommend that each specific location and any future locations be approved by Traffic and Parking. COMMITTEE OF ADJUSTMENTSEPTEMBER 11, 2001 23 Submission No.: 3. SG 2001-013 (Cont’d) The Committee considered the comments of the Region of Waterloo in which they advised that two of the sign locations appear to be within the Regional road allowance on Frederick Street in the area of the Regional Headquarters and on Charles Street near the Grand River Transit Terminal. Further discussions need to take place with City staff regarding the location, maintenance and how the signs will be illuminated within the Region’s road allowance. Care must be taken to ensure the signs do not obstruct the visibility of motorists exiting adjacent driveways. Regional staff would appreciate being advised when the first sign location is installed by City staff. The Chair inquired if consideration had ever been given to engaging an outside consultant to prepare reports for an application made by the City. Ms. J. Given advised that it has not been the City’s practice to do so, noting that this proposal has been developed by different staff than those who authored the report. She assured the Committee that she had no involvement or knowledge prior to the application being filed and that the report was prepared in a professional manner. Mr. T. Boutilier advised that City staff, together with the Kitchener Downtown Business Association, wanted to develop a meaningful way of assisting downtown patrons in finding their way around. Similarly, the Community Events Section were looking for a way to advertise events that are occurring within the downtown. A consultant was subsequently engaged and developed the concept of the signs proposed in the minor variance application. Mr. Boutilier advised that it will be important to strategically pick the locations where the signs will be placed and that the signs are intended to face away from vehicular traffic, only being viewed by pedestrians walking in the downtown. He noted that it is intended to erect a maximum of 6 signs over the next 18 months; however, staff intend to erect only one initially and monitor its impact. Mr. D. Cybalski advised that he was prepared to move approval of the application. Ms. J. Given pointed out that both Regional staff and the City’s Traffic and Parking staff have requested they be consulted with respect to erection of each of the signs. In this regard, the Chair requested Mr. Boutilier to take note of these comments and Mr. Boutilier concurred. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of the Corporation of the City of Kitchener requesting permission to erect signs on street light standards located on public rights-of-way, with the following variances, namely: · display of two signs (Business Directory and Special Events Board) on a street light standard, rather than the permitted one sign per owner; · erection of signs which do not conform to the shape of, and exceed the width of the diameter of, the street light standard on which they will be displayed; · a maximum dimension per sign of 0.91 m x 1.22 m (3 ft x 4 ft), rather than the permitted 28 cm x 46 cm (11" x 18"); · signs to be permanently affixed to the street light standards, rather than by tape, wire, staples, push pins or thumb tacks; · no date of posting to be displayed; · changing of signs periodically, approximately every three months for the Business Directory and more frequently for the Special Events Board, rather than removal within 14 days from date of posting or within 48 hours of the occurrence of an event advertised on the sign; up to a maximum of six (6) locations, within the Downtown boundary as established by BE Amendment No. 35 to the City’s Municipal Plan (By-law No. 2001-63), Kitchener, Ontario, APPROVED . It is the opinion of this Committee that: 1.The variances approved in this application are minor in nature. COMMITTEE OF ADJUSTMENTSEPTEMBER 11, 2001 24 Submission No.: 3. SG 2001-013 (Cont’d) 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 September 17, 2001, at 7:00 p.m., in the Council Chamber and Mr. Boutilier was advised that he may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. th Dated at the City of Kitchener this 11 day of September, 2001. Janet Billett Secretary-Treasurer Committee of Adjustment