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HomeMy WebLinkAboutAdjustment - 2006-05-09 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 9, 2006 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. P. Britton and D. Cybalski and Z. Janecki Mr. B. Sloan, Senior Planner, Richard Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. T. Kraemer, Administrative Assistant. Mr P. Britton, Chair, called this meeting to order at 9:40 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 the City of Kitchener Sign By-law and Chapter 630 (Fence) 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, May 29, 2006, 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.: SG 2006-005 Applicant: Alpine Hyundai Property Location: 44 Alpine Road Legal Description: Part dot 6, Registered Plan 1022 being Park Block L, Plan 1246, Reference Plan 58R-7826 Mr. Sloan advised that the proposed sign has changed for a second time. He recommended this application be deferred, and that the applicant be requested to submitted an updated plan prior to the next meeting. The Committee generally agreed that consideration of this application be deferred to this Committee's meeting scheduled for Tuesday June 13, 2006, and that the applicant be required to submit updated plans prior to that meeting. This meeting recessed at 9:45 a.m. and reconvened at 10:00 a.m. with the following members present: Messrs. P. Britton, D. Cybalski & Z. Janecki. NEW BUSINESS 1. Submission No.: SG 2006-007 & FN 2006-002 Applicant: CAWITCA Canada National Building Corporation Property Location: 5 Executive Place Legal Description: Lots 20 & 21, Registered Plan 1650 Appearances: In Support: Mr. S. Vilardi Contra: None Written Submissions: None The Committee was advised that the applicant requests permission, through Submission No. FN 2006-002, to erect a fence having a maximum height of 5.69 m (18.66 ft.) in the front yard and side yard; whereas fences are permitted in the front yard up to a height of 0.9 m (2.95 ft.), COMMITTEE OF ADJUSTMENT 9 MAY 9, 2006 1. Submission No.: SG 2006-007 & FN 2006-002 ~Cont'd~ and in the side yard up to a height of 0.9m (2.95 ft.), and in the side yard up to a height of 2.44 m (8 ft.). Through Submission No. SG 2006-007, the applicant requests permission to have a sign on part of the proposed fence which is not permitted in the City of Kitchener Sign By-law. This sign would be approximately 5.4 m X17.71 ft.) high and 8.5 m (27.88 ft.) wide, and would be located on the east elevation of the fence. The Committee considered the report of the City's Planning Division, dated May 2, 2006 advising the subject property is located adjacent to New Dundee Road and Highway 401. The site is developed with an existing office building. The applicant is requesting both a fence and sign variance. The fence variance is to erect a fence with staggered heights having a maximum height of 5.69 meters whereas the fence by- law permits a maximum height of 2.44 metres. The sign variance is to permit a sign on a fence where the sign by-law prohibits signs being erected on a fence. Given the nature of the two variance requests, staff has considered these applications together in the formulation of a recommendation. After consideration of the requested variances to the City of Kitchener Fence and Sign By- laws, Planning staff offer the following comments. The proposed fence ranges in height from 2.235 metres to 5.69 metres in height extending the full length of the building and slightly beyond the eastern limit of the building. The majority of the fence will be parallel to New Dundee Road and Highway 401. The fence by-law permits a maximum height of 2.44 metres to ensure fencing does not dominate the landscape. The proposed fence will have the effect of completely screening the existing one storey building from view with the exception of the pitched roof and ultimately be the dominate feature on the site. The requested variance exceeds the maximum allowable fence height by 3.25 metres. Staff cannot consider this more than double increase in fence height to be minor, nor an appropriate use of fencing on the site. With respect to the proposed sign on the fence, staff cannot recommend approval of a sign on a fence as the fence is not deemed to be appropriate. This property is zoned arterial commercial (C-6) which gives the applicant the opportunity to erect a ground, pylon, or roof sign on the property subject. The permitted sign types would be appropriate for the property. Staff cannot recommend approval of anon-permitted sign type when the applicant has numerous permitted signage options available to them. Based on the foregoing, planning staff recommends that the applications be refused. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 30, 2006, advising they have no concerns with these applications. Mr. Sloan explained that the site is located near New Dundee Road. The applicant wishes to erect what is deemed to be a fence, around the building, and they also wish to put a sign on the fence. The proposed fence is to be 5.69 m high. Whereas the Fence By-law only permits a 0.9 m high fence in the front yard and a 2.44 m high fence at the side yard. The fence can not be supported as it is too massive and extensive, and it surrounds the entire building. Also, signs on fences have not usually been accepted, and there are many other forms of signage which are permitted. The proposal put forward in these applications is a substantial deviation from what is permitted in the by-law. Mr. Vilardi provided Committee members with concept plans showing the proposed fencelsign as it would appear on the property. He advised that they consider this proposal to be an architectural feature rather than a fence. He noted the applicant will not be making any changes to the building. Further, there will be landscaping around the building for patrons and employees. COMMITTEE OF ADJUSTMENT 10 MAY 9, 2006 1. Submission No.: SG 2006-007 & FN 2006-002 ~Cont'd~ Mr. Vilardi also explained the signage will only be on the northerly portion of this architectural feature. The intention in installing this architectural feature is to make the building more aesthetically pleasing. They feel it is an overall design solution, since they are not renovating the exterior of the building. The Chair questioned what discussions Mr. Vilardi has had with staff, and he advised that he had discussed this proposal with 2 or 3 members of staff prior to submitting these applications, and they had no negative comments; so he was quite surprised to read the recommendation in the staff report. The Chair recommended that Mr. Vilardi work with Mr. Sloan, and that consideration of these applications be deferred to the Committee's June 13t" meeting. Although Mr. Janecki spoke in support of these applications, the Chair and Mr. Cybalski requested that Mr. Valardi be more mindful of the by-law and try and design an architectural feature that is less massive. Also, the Committee requested submission of accurate draws rather than concept drawings, for the June 13, 2006 meeting. 2. Submission No.: SG 2006-008 Applicant: Norstar Group of Companies Property Location: 310 Fairway Road South Legal Description: Part dots 2 - 4, Plan 962, Part dots 17 & 18, Plan 988, and Part Lot 167, Streets & Lanes Appearances: In Support: Ms. S Levant Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect two ground signs, one at the Fairway Road entrance and one at the Wilson Avenue entrance, both to be located in visibility triangles, contrary to the Sign By-law, and both to be located 0.4m (1.31') from the lot lines abutting streets rather than the required 3m (9.84'). The Committee considered the report of the City's Planning Division, dated May 2, 2006 advising they have no objections, provided the sign does not eliminate any existing or planned vegetation. Planning staff understand that Transportation Planning suggest the signs should be located outside of the daylight visibility triangle. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 30, 2006 advising they have no concerns with this application. In response to the Planning Divisions report, Ms. Levant advised the applicant is willing to reduce the height of both signs to 3 ft., and they will not be eliminating any vegetation in order to accommodate these signs. Further, the sign on the Fairway Road frontage can be moved outside of the visibility triangle; however, the Wilson Avenue sign can not. She also advised that if the signs did not contain the Shoppers Drug Mart logo, there would be no variance. Upon questioning, Ms. levant confirmed that the proposed directional signs are the same height as those at Williams Coffee Pub. Ms. levant agreed to amend the application such that both signs will be 3 ft high, both will be located 0.4 m from the street line, and only the Wilson Avenue sign will be located within the daylight visibility triangle. Mr. R. Parent advised he is satisfied with this compromise. COMMITTEE OF ADJUSTMENT 11 MAY 9, 2006 2. Submission No.: SG 2006-008 (Cont'd Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Norstar Group of Companies requesting permission to erect two ground signs, one to be located 0.4 m (1.31 ft.) from the lot line along Wilson Avenue, the other to be located 0.4 m (1.31 ft.) from the lot line along Fairway Road rather than the required 3m (9.84 ft.); with the sign on the Wilson Avenue frontage to be located within the 4.57 m X14.9 ft.) driveway visibility triangle, on Park Lots 2-4, Plan 962, Part Lots 17 & 18, Plan 988, and Part Lot 167, Streets & Lanes, 310 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the signs as approved in this application shall not exceed 0.91 m ~3 ft.) in height. 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 Sign By-law is being maintained on the subject properly. Carried ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 9th day of May, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment