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HomeMy WebLinkAboutAdjustment - 2006-11-21 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 21, 2006 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. P. Britton, Z. Janecki and B. Isaac. Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. R. Brent, Assistant Secretary-Treasurer. Mr P. Britton, Chair, called this meeting to order at 10:36 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. 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, December 18, 2006, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2006-016 Applicant: Inacio Mota Property Location: 561 Queen Street South Legal Description: Lot 329, Subdivision of Lot 17, German Company Tract Appearances: In Support: Ms. 0. Gomes Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a ground sign having a height of 2.1 m X6.88') rather than the permitted 1.5m (4.92'), to be located 2.14 m (7.02') from the property line along Queen Street rather than the required 3m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated November 15, 2006, advising the subject property is located on the east of Queen St, south of Mill St. The existing uses are an office for a travel agent on the main floor, and one dwelling unit on the second floor. The Municipal Plan designation is Mixed Use Corridor and the zoning is Commercial Residential Two (CR-2) with special provision, 20H, in By-law 85-1. The applicant is requesting a minor variance to legalize an existing ground sign with a setback from the front lot line of 2.14 metres rather than the required minimum of 3 metres, and to have a sign height of 2.1 metres rather than the permitted maximum of 1.5 metres. The ground sign is accessory to a travel agency business that has recently located to the subject property. In considering the requested variances to the City of Kitchener Sign By-law, Planning staff offer the following comments. The intent of the 3 metre setback and height restriction is to ensure that ground signs do not visually dominate the streetscape nor create visibility concerns for traffic. The variance to the sign height to permit an extra 0.6133 metres, and to reduce the setback from 3 metres to 2.14 metres may not appear to affect the streetscape, however it is noted that the sign is within a future Regional road widening area, as required the Region's Official Plan. This is indicated on COMMITTEE OF ADJUSTMENT 32 NOVEMBER 21, 2006 1. Submission No.: SG 2006-016(Cont'd the site plan submitted with the application. When the road widening is taken, the sign will be totally within the Regional right-of-way. Due to this requirement Regional staff does not support this request as the widening would place all of the sign in the Regional right-of-way. Stafif notes that if the sign is located at the required 3 metre setback, support could be given to the request for the variance to the sign height. The height of the sign at the 3 metre setback would enable passing vehicle traffic to easily locate the business, and the increase in sign height does not appear to affect the commercial-residential character of the surrounding area. Therefore, stafif does not support this request as submitted. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising at this location, Queen Street has an existing road allowance width of 60 feet and a designated road allowance width of 86 feet with the Region's Official Plan. Therefore a (86-60=26/2=13) 13 foot road allowance widening is required from this property; however, it may not be appropriate to acquire the road widening under this application. Due to this requirement staff cannot support this application, as it will place the sign within the widened road allowance if the land is acquired. It should be noted that Queen Street from Highland Road to Courtland Avenue was scheduled for reconstruction in 2007; however, this work has now been deferred to 2008. Ms. Gomes advised that Legacy Travel recently purchased this property and hired a professional sign company to construct and erect this sign, trusting that as professionals they would do so within the requirements of the City of Kitchener. With respect to the variance for the setback, Ms. Gomes advised that the chosen location is the most appropriate given the building is located close to the street. There will be landscaping around the sign and in front of the building. Respecting the report of the Region's Transportation Planner, even if this sign was located as required by the Sign By-law, the sign would be within the area of the road widening. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Inacio Mota requesting legalization of a ground sign having a height of 2.1 m (6.88') rather than the permitted 1.5 m (4.92'), located 2.14 m (7.02') from the property line along Queen Street rather than the required 3m (9.84'), on Lot 329, Subdivision of Lot 17, German Company Tract, 561 Queen Street South, Kitchener, Ontario, BE APPROVED; subject to the following condition: 1. That the sign shall be removed from its current location, if required by the Region of Waterloo, once they have commenced the road widening. 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 property. Carried 2. Submission No.: SG 2006-017 Applicant: Max Becker Enterprises Limited Property Location: 1170 Fischer Hallman Road Legal Description: Block 12, Registered Plan 58M-78 & Block 2, Registered Plan 58M-234 Mr. P. Britton declared a pecuniary interest in this application as his planning firm has acted for the applicant and did not participate in any discussion or voting with respect to this application. Mr. Z. Janecki chaired the meeting during consideration of this application. COMMITTEE OF ADJUSTMENT 33 NOVEMBER 21, 2006 2. Submission No.: SG 2006-017~Cont'd~ Appearances: In Support: Mr. U. Bender Mr. R. Falsetto Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a pylon sign which will contain non-accessory advertising for amulti-tenant building located at 325 Max Becker Drive and 1187 Fischer Hallman Road; the sign also has the following variances: a height of 8m (26.24') rather than the permitted 7.5m X25.6'); a sign face area of 22 sq. m. (236.8 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.); a closed sign base obstruction of 1.3m (4.2') within the required 2.4m (7.87') clearance. The Committee considered the report of the Development & Technical Services Department, dated November 13, 2006, advising the subject property is located north of the intersection of Westmount Rd E and Fischer Hallman Rd. It will be developed with amulti-tenant commercial plaza. The Municipal Plan designation is Mixed Use Node and the zoning is Arterial Commercial ~C-6) under By-law 85-1. The applicant is requesting a minor variance to permit a pylon sign with a sign height of 8 m (26.24 ft.) rather than the maximum permitted 7.5 m (24.6 ft.), a sign area of 22 sq.m. (236.8 sq.ft.) rather than the maximum permitted 20 sq.m. (215.28 sq.ft.), to permit obstruction of material for a closed sign base within the required clearance of 2.44 m X7.87 ft.), and to permit a sign to contain non-accessory advertising for amulti-tenant building located at 325 Max Becker Dr and 1187 Fischer-Hallman Rd, whereas the Sign By-law does not permit non-accessory signage. In considering the requested variances to the City of Kitchener Sign By-law, Planning staff offer the following comments. Although the proposed sign exceeds the maximum height and area requirements, it is only marginally larger than what is permitted. The proposed size is in keeping with the large area of lands covered by this commercial plaza and its adjacent commercial properties associated with the development, and it complements the two signs that have already received minor variance approval and that are located on the neighbouring commercial lands. The partially closed in sign base that is proposed complements the architecture of the buildings on the property. As well, the skirting is not a traffic concern, as the sign is not located in any visibility triangle. In regards to the non-accessory advertising, it is noted that the sign is located on lands that are integrated into the development known as "Williamsburg Town Centre". The pylon signs that have previously been granted approval by the Committee of Adjustment also have non-accessory signage. The effect of the minor variances for sign height, sign area, clearance and non-accessory advertising can be considered minor. The sign is aesthetically pleasing and not detrimental to the streetscape. The general intent of the Sign By-law is being maintained while having little impact on the surrounding properties. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have no concerns with this application. Mr. Bender advised that this is the third pylon sign to be erected in this commercial centre, and it is identical to the other two signs which have been approved by this Committee and City Council. COMMITTEE OF ADJUSTMENT 34 NOVEMBER 21, 2006 2. Submission No.: SG 2006-017(Cont'd Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Max Becker Enterprises limited requesting permission to erect a pylon sign which will contain non-accessory adverlisingfor amulti-tenant building located at 325 Max Becker Drive and 1187 Fischer Hallman Road and having a height of 8m (26.24') rather than the permitted 7.5m (25.6'); a sign face area of 22 sq. m. X236.8 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.); a closed sign base obstruction of 1.3m (4.2') within the required 2.4m (7.87') clearance, on Block 12, Registered Plan 58M-78 & Block 2, Registered Plan 58M-234,1170 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. 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 10:47 p.m. Dated at the City of Kitchener this 21 St day of November, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment