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HomeMy WebLinkAboutAdjustment - 2001-11-20 SIGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 20, 2001 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, 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 Monday, November 26, 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 2001-015 Applicant: 1232111 Ontario Inc. Property Location: 178 Weber Street East Legal Description: Part Lots 1, 14, 15 & 16, Registered Plan 264, Lot 56, Subdivision of Lot 2, German Company Tract Appearances: In Support:Ms. L. Mitchell 1232111 Ontario Inc. 178 Weber St. E. Kitchener, ON N2H 1E4 Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to erect a ground sign, 1.2 m x 1.37 m (4 ft. x 4.5 ft.) in size, setback 0.6 m (1.97 ft.) from the front lot line, rather than the required 3 m (9.84 ft.). The Committee noted the comments of Business and Planning Services in which they advised that the applicant advises that due to a road widening of Weber Street, a portion of the front yard was expropriated leaving insufficient yard area to locate the sign in compliance with the regulations of the Sign By-law. The property was developed in approximately 1922 as a residential property. Presently the building is occupied by an accounting office on the main floor and a dwelling unit on the second floor. The commercial-residential zoning of the property permits this combination of uses. Staff notes that the applicant is required to obtain an occupancy permit for the office and dwelling unit. The sign is proposed to be 1.3 metres (4.5 ft.) high with an area of approximately 1 square metre (10 square ft.) and will be located outside of the 4.5 metre (15 ft.) driveway visibility corner. A COMMITTEE OF ADJUSTMENTNOVEMBER 20, 2001 29 Submission No. 1. SG 2001-015 (Cont’d) sign this size, located 0.6 metres (2 ft.) from the front lot line will not obscure vehicular movements either to or from the subject property, nor will it impact pedestrian movements. Staff from Traffic and Parking concurs with this opinion. Considering the relatively small area of the sign and the height of 1.3 metres (4.5 ft.), staff considers the proposed sign appropriate for the subject property, as there will be no visual impact on neighbouring properties or on vehicular and pedestrian movements. The sign is appropriate for the office use in a commercial-residential zone. Business and Planning Services recommends approval of Submission SG2001-015, subject to the applicant obtaining the required occupancy permit. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that Traffic & Parking can only recommend approval of the sign location if the sign is located outside the 4.57 m driveway visibility triangle. The Committee considered the comments of the Region of Waterloo in which they advised that Regional staff cannot support this application as this type of sign located 2 ft. from the property line on Weber Street would result in a severe sight line restriction for vehicles exiting the property. Motorists exiting onto Weber Street would be required to edge out virtually onto Weber Street in order to see approaching traffic or pedestrians on the sidewalk. As noted in the application, there is very little front yard in this location to place this type of sign without creating a sight obstruction. Other options such as placing a sign on the face of the building should be considered for this property. The Committee noted comments from 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 Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to the applicant obtaining the required occupancy permit. Mr. P. Britton questioned if a permit was required for the sign and, if so, was of the opinion that the condition relative to an occupancy permit would not be necessary given staff could refuse to issue the sign permit until the occupancy permit is obtained. Ms. J. Given agreed that it was not necessary to impose a condition relative to the occupancy permit as a sign permit is required. In addition, Ms. Given drew the attention of the Committee to the comments of the Region of Waterloo in which they expressed concern relative to safety and visibility of vehicles exiting onto Weber Street. In response to a question from the Chair, Ms. Given advised that the City’s Traffic staff have no objection to the proposed sign provided it is located outside the 4.57 m driveway visibility triangle. She further clarified that the dimensions of the visibility triangle are calculated based on 15 ft. in both directions from the edge of the driveway and along the front lot line abutting the street. Ms. L. Mitchell provided photographs showing the location of the property and the proposed sign to demonstrate that visibility would not be obstructed. The photographs were examined and it was determined that a City park is located to the side of the property where the driveway is located and the sign would pose no visibility concerns in this area. Mr. P. Britton commented that based on the photographs provided he was satisfied that the sign would not obstruct visibility to the degree expressed by the Region of Waterloo. Accordingly, he stated that he was prepared to move approval of the application conditional upon the sign being located outside of the 15 ft. driveway visibility triangle and would not impose a condition relative to an occupancy permit. The Chair clarified for Ms. Mitchell the location and measurements of the driveway visibility triangle and advised Ms. Mitchell that the sign must be located outside of the driveway visibility triangle in accordance with the Committee’s decision. Ms. Mitchell indicated that she understood and was in agreement with this condition. Ms. Mitchell also requested clarification with regard to the occupancy permit and Mr. Britton explained that an occupancy permit is required as part of COMMITTEE OF ADJUSTMENTNOVEMBER 20, 2001 30 Submission No. 1. SG 2001-015 (Cont’d) the normal process regardless of whether this application is approved and accordingly, such a condition is unnecessary. Moved by Mr. P. Britton Seconded by Mr. P. Kruse That the application of 1232111 Ontario Inc. requesting permission to erect a wooden ground sign, 1.2 m x 1.37 m (4 ft. x 4.5 ft.) in size, setback 0.6 m (1.97 ft.) from the front lot line, rather than the required 3 m (9.84 ft.), on Part Lots 1, 14, 15 and 16, Registered Plan 264, Lot 56, BE Subdivision of Lot 2, German Company Tract, 178 Weber Street East, Kitchener, Ontario, APPROVED, subject to the following condition: 1. That the sign shall be located outside of the 4.57 m (14.99 ft.) driveway visibility triangle. 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 pointed out to Ms. Mitchell that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of Monday, November 26, 2001 at 7:00 p.m., in the Council Chamber and advised that she may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:25 a.m. Dated at the City of Kitchener this 20th day of November, 2001. J. Billett Secretary-Treasurer Committee of Adjustment