Loading...
HomeMy WebLinkAboutAdjustment - 2006-08-15 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 15, 2006 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. D. Cybalski, P. Britton and Ms. D. Angel. Mr. B. Sloan, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. R. Brent, Assistant Secretary-Treasurer. Mr D. Cybalski, Chair, called this meeting to order at 9:35 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, August 28, 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 and Part Block ~, Plan 1246, being Parts 1-7, Reference Plan 58R-7826 Appearances: In Support: Mr. J. Hung Mr. B. Passi Mr. D. Rotondo Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a pylon sign without a clearance area of 2.44 m (8') between the bottom of the copy area of the sign and grad, to have a height of 7.9 m (25.91') rather than the required 7.5 m (24.6 `), to be located 0.15 m (0.49') from the front lot line rather than the required 0.4 m X1.31'); also, permission to erect a fascia sign with a projection above the roof line of 0.6 m (2') rather than the permitted 0.35 m (1.148'). The Committee considered the report of the City's Planning Division, dated July 5, 2006 advising they have no objections to this application generally as shown on the drawings originally submitted for the fascia sign, and the revised location drawing submitted for the pylon sign provided the area beneath and around the pylon sign be curbed and landscaped within six months of the date of this decision, to the satisfaction of the Director of Planning. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006 advising they have no concerns with this application. The Committee considered the report of the Kitchener-Wilmot Hydro Inc., Senior Design Technician, dated April 12, 2006 advising of safety standards established by Ontario Regulation 22/04, and the Occupational Health and Safety Act, for the benefit of the applicant. COMMITTEE OF ADJUSTMENT 23 AUGUST 15, 2006 1. Submission No.: SG 2006-005~Cont'd~ Mr. Rotondo advised this application has been deferred for the past 2-3 months because the owner and the City could not agree on the proper location for the pylon sign. There is an existing pylon sign sitting at the side lot line but staff would not allow the new pylon sign in that location. The second location was determined to be too close to the water main; so this third location, beside the driveway, has now been chosen. The Chair stated it would be his preference that the two parking spaces adjacent to the driveway, including the space where the sign will be located, be landscaped. With respect to the proposed fascia sign, Mr. Rotondo confirmed that it will be mounted to the architectural portion of the building. Mr. Sloan confirmed that if such is the case, the sign is deemed to be a fascia sign even through it has the appearance of a pylon sign. Ms. Angel commented on the correspondence from Kitchener-Wilmot Hydro, suggesting an approval of this application be conditional on meeting their requirements. Moved by Mr. P. Britton Seconded by Ms. D. Angel That the application of Alpine Hyundai requesting permission to construct a pylon sign without a clearance area of 2.44 m (8') between the bottom of the copy area of the sign and grad, to have a height of 7.9 m X25.91') rather than the required 7.5 m X24.6'), to be located 0.15 m (0.49') from the front lot line rather than the required 0.4 m (1.31'); also, permission to erect a fascia sign with a projection above the roof line of 0.6 m (2') rather than the permitted 0.35 m (1.148'), on Park Lot 6, Registered Plan 1022 and Part Block L, Plan 1246, being Parts 1-7, Reference Plan 58R-7826, 44 Alpine Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a landscape plan from the City of Kitchener for the 2 parking paces adjacent to the driveway, including the space where the new pylon sign is to be located; and shall install the required landscaping within 6 moths of the date of this decision, to the satisfaction of the City's Director of Planning. 2. That prior to the issuance of a sign permit, the owner shall submit to Kitchener-Wilmot hydro, and receive approval of, a plan showing that the proposed signs will not be located within 3.5 m of the centre line of the adjacent pole line. 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 2. Submission No.: SG 2006-012 Applicant: City of Kitchener Property Location: in front of 120 Duke Street West Legal Description: Part of Lot 5, Registered Plan 401 (Park of PIN 22317-009LT~ Appearances: In Support: Mr. M. Brown Mr. R. Vanderspek Contra: None COMMITTEE OF ADJUSTMENT 24 AUGUST 15, 2006 2. Submission No.: SG 2006-012~Cont'd~ Written Submissions: None The Committee was advised that the applicant requests permission to erect a ground sign on part of the Duke Street right-of-way to advertise the Lyle S. Hallman Faculty of Social Work, Wilfrid Laurier University; whereas the Sign By-law does not permit third party signs. The Committee considered the report of the City's Planning Division, dated August 8, 2006 advising they have no objections to this application provided any approval is for the sign to advertise the use at 120 Duke Street West. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 27, 2006 advising they have no concerns with this application. The Committee was advised the sign will be a third party sign to be located on a portion of the Duke Street right-of-way, to advertise the Wilfrid Laurier University School of Social Work. This sign has already received heritage approval. There is to be an encroachment agreement between Wilfrid Laurier University and the City of Kitchener to have the sign on City properly. This City is preparing a landscape plan for this triangular parcel of land, but staff are not requesting that the landscape plan be a condition of approval of this application. Moved by Mr. P. Britton Seconded by Ms. D. Angel That the application of the Corporation of the City of Kitchener requesting permission to locate a third party sign, advertising the Lyle S. Hallman Faculty of Social Work, Wilfrid Laurier University, on Duke St., Park Lot 5, Registered Plan 401 (Part of PIN 22317-009 LT), being a triangular shape parcel of land, park of the Duke Street West right-of-way, adjacent to 120 Duke Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That Wilfrid Laurier University shall enter into an encroachment agreement with the City of Kitchener, to allow for the proposed sign on City properly. 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 3. Submission No.: SG 2006-013 Applicant: Leather By Mann of Canada Property Location: 4553 King Street East Legal Description: Parts 1 & 2, Registered Plan 58R-10048 Appearances: In Support: None Contra: Mr. B. McColl Written Submissions: None As no one appeared in support of this application, the Committee agreed to defer its consideration of this matter to its meeting scheduled for Tuesday September 12, 2006. COMMITTEE OF ADJUSTMENT 25 AUGUST 15, 2006 4. Submission No.: Applicant: Property location: Legal Description: Appearances: In Support: SG 2006-014 Colloquium Investments 842 Victoria Street N Lot 49, Registered Plan 763 Mr. C. Clothe Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect 2 pylon signs having a minimum clearance of 1.7m (5.57`) between the bottom of the sign and grade rather than the required 4.3 m (14.1 `), and permission to have cladding within the sign clearance area. The Committee considered the report of the City's Planning Division, dated August 8, 2006 advising they have no objections to this application, and Transportation Planning staff advised they have no concerns with the proposed signs or their locations. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 27, 2006 advising they have no concerns with this application. Mr. Clothe advised the 2 existing pylon signs on this property are to be refurbished and brought into conformity with property standards. The new signs will have the exact same area and height above grade as the existing signs. When questioned as to why these signs can not comply with the by-law, Mr. Clothe advised that the owner wants a skirted base, and the tenant wants to maintain the amount of copy area. Mr. Sloan advised that a new sign by-law is being drafted, and if adopted, will permit the sign as proposed in this application. Mr. Britton commented that the base should remain as it is now or landscaping should be installed around the base to improve its appearance. Moved by Mr. P. Britton Seconded by Ms. D. Angel That the application of Colloquium Investments requesting permission to erect 2 pylon signs having a minimum clearance of 1.7m (5.57`) between the bottom of the sign and grade rather than the required 4.3 m (14.1 `), and permission to have cladding within the sign clearance area, on Lot 49, Registered Plan 763, 842 Victoria Street Noah, Kitchener, Ontario, BE APPROVED, subject to the following condition: 2. That the owner shall submit and receive approval of a landscape plan for the area around the base of these signs, satisfactory to the City's Director of Planning, prior to receiving a sign permit. 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 COMMITTEE OF ADJUSTMENT 26 AUGUST 15, 2006 ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 15th day of August, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment