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HomeMy WebLinkAboutAdjustment - 2002-01-29 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 29. 2002 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 10:25 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, February 11, 2002, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS 1. Submission No.: Applicant: Property Location: Legal Description: SG 2002-003 142852 Ontario Inc. 245 Strasburg Road Part Lots 4 and 5, Registered Plan 1022, Part Lot 9, Registered Plan 1021, designated as Parts 10 to 14 inclusive on Reference Plan 58R-12520 Mr. P. Britton declared a pecuniary interest in this application as his firm has acted on behalf of the applicant and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Ms. S. Levant Pride Signs Limited 280 Holiday Inn Dr. Cambridge, ON N3C 1Z4 Contra: None Written Submissions: In Support: None Contra: None This application was previously considered by the Committee at its meeting held on January 8, 2002 at which time the application was deferred to allow an opportunity for the sign to be revised. The Committee was in receipt this date of a revised drawing of the proposed sign with new dimensions. COMMITTEE OF ADJUSTMENT 10 JANUARY 29, 2002 1. Submission No.: SG 2002-003 !Cont'd) The Committee was previously advised that the applicant is requesting permission to erect a pylon sign having a maximum sign area of 40 m2 (430.57 sq. ft.) rather than the permitted 20 m2 (215.28 sq. ft.), and having a maximum height of 11 m (36 ft.) rather than the permitted 7.5 m (24.6 ft.); and to permit non-accessory copy on the sign to advertise other commercial businesses located on abutting properties. The Committee noted revised comments of Business and Planning Services dated January 24, 2002 in which they advised that based on the revised drawing they are in support of the application, as amended to permit a maximum sign area of 27.87 m2 (300 sq. ft.) and a maximum sign height of 10.67 m (35 ft.), and subject to certain conditions as outlined in their comments. The Chair reviewed the revised comments and sign drawing, and inquired if Ms. Levant had anything further to add. Ms. Levant advised that she was in support of the staff recommendation. The Chair referred to the concerns raised in the comments previously received from the Ministry of Transportation and Ms. Levant advised that the revised sign now complies with Ministry regulations and the Ministry no longer has a concern. Mr. D. Cybalski directed Ms. Levant's attention to comments of Business and Planning Services in which they advised that any revisions to the site plan to accommodate the sign must provide a minimum of 8 metres for a two-way truck route running adjacent to the sign and the applicant will require sign permits from both the City and the Ministry of Transportation. Ms. Levant acknowledged these requirements. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of 142852 Ontario Inc. requesting permission to construct a p~lon sign having a maximum sign area of 27.87 m2 (300 sq. ft.), rather than the permitted 20 m (215.29 sq. ft.); and having a maximum height of 10.67 m (35 ft.), rather than the permitted 7.5 m (24.61 ft.); and to permit non-accessory (third party) copy on the sign to advertise other commercial businesses located on adjacent properties; on Part Lots 4 and 5, Registered Plan 1022, Part Lot 9, Registered Plan 1021, designated as Parts 10 to 14 inclusive on Reference Plan 58R-12520, 245 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variances as approved in this application shall be generally in accordance with the revised sign drawing prepared by Pride Signs Limited, dated January 14, 2002 and dated revised January 15 and 17, 2002. 2. That no more than one additional ground, pylon or portable sign may be constructed on the subject property, except for directional signs. It is the opinion of this Committee that: 1. The variances requested in this application are 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 2. Submission No.: Applicant: Property Location: Legal Description: SG 2002-004 Loblaw Properties Limited 750 Ottawa Street South Part Lot 4, Registered Plan 1022, Part Lot 9, Registered Plan 1021 designated as Parts 1 to 4 inclusive on Reference Plan 58R-12520 COMMITTEE OF ADJUSTMENT 11 JANUARY 29, 2002 2. Submission No.: SG 2002-004 !Cont'd) Mr. P. Britton declared a pecuniary interest in this application as his firm acted on behalf of the applicant in the initial planning stages of this site and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Ms. S. Levant Pride Signs Limited 280 Holiday Inn Dr. Cambridge, ON N3C 1Z4 Contra: None Written Submissions: In Support: None Contra: None This application was previously considered by the Committee at its meeting held on January 8, 2002 at which time the application was deferred to allow an opportunity for the sign to be revised. The Committee was in receipt this date of a revised drawing of the proposed sign with new dimensions. The Committee was previously advised that the applicant is requesting permission to erect a pylon sign having a maximum sign area of 40 m2 (430.57 sq. ft.) rather than the permitted 20 m2 (215.28 sq. ft.), and having a maximum height of 11 m (36 ft.) rather than the permitted 7.5 m (24.6 ft.); and to permit non-accessory copy on the sign to advertise other commercial businesses located on abutting properties. The Committee noted revised comments of Business and Planning Services dated January 24, 2002 in which they advised that based on the revised drawing they are in support of the application, as amended to permit a maximum sign area of 38.83 m2 (417.98 sq. ft.), a maximum sign height of 10.67 m (35 ft.) and a sign clearance from grade to the bottom of the sign of 1.25 m (4.1 ft.), and subject to certain conditions as outlined in their comments. The Chair reviewed the revised comments and sign drawing, and inquired if Ms. Levant had anything further to add. Ms. Levant advised that she was in support of the staff recommendation, including the requirement for the sign to be setback 4.5 m from the front lot line. The Chair referred to concerns raised in the previous comments of the Region of Waterloo concerning the location of the sign in relation to the Ottawa Street road allowance. Ms. J. Given advised that plans had been reviewed and to her knowledge the sign was not to be located within the Ottawa Street road allowance. Ms. S. Levant acknowledged that the sign must not be located within the road allowance. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of Loblaw Properties Limited requesting permission to construct a pylon sign having a maximum sign area of 38.83 m2 (417.98 sq. ft.), rather than the permitted 20 m2 (215.29 sq. ft.), a maximum sign height of 10.67 m (35 ft.), rather than the permitted 7.5 m (24.61 ft.); sign clearance from grade to the bottom of the sign of 1.25 m (4.1 ft.), rather than the required minimum of 2.44 m (8 ft.); and, to permit non-accessory (third party) copy on the sign to advertise other commercial businesses located on adjacent properties; on Part Lot 4, Registered Plan 1022, Part Lot 9, Registered Plan 1021, designated as Parts 1 to 4 inclusive COMMITTEE OF ADJUSTMENT 2. Submission No.: 12 JANUARY 29, 2002 SG 2002-004 !Cont'd) on Reference Plan 58R-12520, 750 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variances as approved in this application shall be generally in accordance with the revised sign drawing prepared by Pride Signs Limited, dated January 14, 2002. 2. That the sign shall be setback a minimum of 4.5 m (14.76 ft.) from the front lot line of the subject property. 3. That no more than one additional ground, pylon or portable sign may be constructed on the subject property, except for directional signs. It is the opinion of this Committee that: 1. The variances requested in this application are 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. NEW BUSINESS 1. Submission No.: Applicant: Property Location: Legal Description: Carried SG 2002-005 879115 Ontario Limited/Peter Benninger 508 Riverbend Drive Part Lot 59, German Company Tract, Part Lots 1 and 10, Municipal Compiled Plan of Subdivision 59, German Company Tract, designated as Parts 5,23,24 and 25 on Reference Plan 58R-7231 and Part 1 on Reference Plan 58R-11808 Appearances: In Support: Contra: Written Submissions: Mr. J. Hennebry North American Sign Company 275 - 3 Sheldon Dr. Cambridge, ON N1T 1A3 None In Support: None Contra: None The Committee was advised that the applicant is requesting permission to erect 2 ground signs, both having a front yard setback of 1.5 m (4.92 ft.), rather than the required 3 m (9.84 ft.). The Committee noted the comments of Business and Planning Services in which they advised that they are in support of the application subject to the application being amended to permit three ground signs with a setback of 1 .5 metres from the front lot line. The Committee noted the comments of the Traffic and Parking Analyst in which he advised that Traffic and Parking staff are in support of the application subject to the sign being located outside the 4.57 m driveway visibility triangle. The Committee noted the comments of the Director of Building, the Region of Waterloo and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this application. COMMITTEE OF ADJUSTMENT 13 JANUARY 29, 2002 1. Submission No.: SG 2002-005 !Cont'd) The Chair reviewed the staff comments and inquired if Mr. Hennebry had anything further to add. Mr. J. Hennebry requested clarification with respect to the 4.5 m driveway visibility triangle. Ms. J. Given provided explanation as to how the driveway visibility triangle is measured and advised that the sign would not be permitted within any part of the triangle. The Chair inquired if Mr. Hennebry was prepared to amend the application as requested by staff and Mr. Hennebry agreed. Mr. P. Britton inquired if the 300.65 m frontage noted in the staff comments included open space lands that are currently part of a zone change application. Mr. Hennebry stated that to his knowledge this application did not include the lands subject to the zone change. Mr. Britton requested clarification as to where the three signs are proposed to be located and Mr. Hennebry provided a revised drawing, dated January 17, 2002, showing their locations. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of 879115 Ontario Limited/Peter Benninger requesting permission to construct three ground signs of identical size, each having a front yard setback of 1.5 m (4.92 ft.), rather than the required 3 m (9.84 ft.), on Part Lot 59, German Company Tract, Part Lots 1 and 10, Municipal Compiled Plan of Subdivision 59, German Company Tract, designated as Parts 5, 23, 24 and 25 on Reference Plan 58R-7231 and Part 1 on Reference Plan 58R- 11808, 508 Riverbend Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That each of the three ground signs shall be located on the subject property in accordance with the revised drawing dated January 17, 2002. 2. That each of the three ground signs shall be located outside the 4.57 m (14.99 ft.) driveway visibility triangle. It is the opinion of this Committee that: 1. The variances requested in this application are 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 10:37 a.m. Dated at the City of Kitchener this 29th day of January, 2002. J. Billett Secretary-Treasurer Committee of Adjustment