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HomeMy WebLinkAboutAdjustment - 2007-03-20 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 20, 2007 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. D. Cybalski, M. Hiscott & Ms. C. Balcerczyk Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary- Treasurer, Ms. T. Kraemer, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:00 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, April 16, 2007, 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 2007-003 Applicant: Alkier Motorsport Ltd. Property Location: 1450 Victoria Street Noah Legal Description: Part dot 123, German Company Tract Appearances: In Support: Mr. M. Hersey Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a pylon sign to have a height of 7.98 m (26.18 ft.) rather than the permitted 7.5m (24.6') and to have no clearance between the bottom of the sign and grade rather than the required 2.44m (8'). The Committee considered the report of the Development and Technical Services Department, dated March 7, 2007, advising that the property is located on the southwest corner of Victoria Street Noah and Bingeman's Centre Drive in the Victoria North Planning Community, at 1450 Victoria Street North. The property is designated as "Arterial Commercial Corridor" in the Municipal Plan and is zoned Service Industrial (M-3). The existing building on the subject property is a one storey building used as an automotive dealership (Nissan). The applicant is requesting permission to erect a pylon sign with a height of 7.98m instead of the maximum height requirement of 7.5m, and to permit material other than the required structural support at 0 m from grade instead of the required 2.44m grade clearance. In considering the requested variances to the City of Kitchener Sign By-law, Planning stafif offer the following comments: As stated in the Sign By-law, a pylon sign is defined as afree-standing sign which is anchored in the ground and which has its face at least 2.44m (8') above finished grade. The maximum height for a pylon sign is 7.5m and the proposed sign has a total height of 7.98m and will be placed perpendicular to the street line. The sign will be located in the area between the COMMITTEE OF ADJUSTMENT 6 MARCH 20, 2007 1. Submission No.: SG 2007-003 f Cont'd parking lot and the street line along Victoria Street North. Although the proposed sign exceeds the maximum height requirements, it is only marginally larger than what is permitted. The proposed size is in keeping with the lands within the Arterial Commercial Corridor and the adjacent commercial properties. In regards to the cladding in the 2.44m sign clearance area, the partially closed in sign base that is proposed complements the architecture of the building and as the applicant notes is an international "copyright" design standard for signs for the Nissan businesses throughout the country. The applicant wishes to maintain consistency with other dealerships as an alternate design is not available. The variance is not minor for the following reason. The drawing submitted with the application indicates that the location of the proposed sign is situated within the "driveway visibility triangle" and therefore is a concern for vehicular and pedestrian traffic. The intent of the visibility triangle regulation is to allow for unobstructed vehicular ingress and egress to the commercial site. The proposed location of the sign would obstruct visibility for drivers as they attempt to enter and exit the aisle of the parking lot. This is a safety issue and therefore the impact of the variance is not considered minor. For this reason, Planning staff recommends that this application be refused. Staff would consider supporting the variance if amendments were made to the submitted drawings. Should visibility triangles of 4.57m be created on either side of the driveway, then the visibility concern would no longer exist. Additionally, the applicant would be required to submit a revised site plan and landscape plan prior to issuance of the sign permit. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated March 8, 2007, advising that at this location Victoria Street has an existing road allowance width of 145 feet and a designated road allowance width in the Region's Official Plan of 150 feet; therefore, a 5 foot road allowance widening is required from this property. While it is recognized that it may not be possible to acquire the road widening under this application, the sign should be set back such that it will not encroach into the widened road allowance when the widening is acquired. Mr. Hersey provided photographs of the proposed sign, and in response to the reports from the Development and Technical Services Department and the Region of Waterloo, advised that the proposed location for this sign is the same as for the previous pylon sign on this property. This location would still be a considerable distance from the impending road widening. With respect to the driveway visibility triangles, Mr. Hersey pointed out that there is an opening in the base of the sign for visibility. With respect to the required visibility triangle, the Chair commented that this property is at a very busy intersection and good visibility is absolutely essential. He questioned Mr. Hersey if there is any room for adjustment and whether the sign can be moved 4' to the west. Mr. Parent advised that the Region cannot take the desired road widening through this application, but is advising the property owner that it will eventually be taken through some other planning process, such as site plan approval. Because the Region will eventually take this road widening, they are suggesting that the property owner not place the sign in a location which will require it to be moved at some future time. Mr. Parent also advised, with respect to the driveway visibility triangle, that Transportation Planning staff would be satisfied with placing the sign in the first parking stall to the west of the driveway, but the owner will have to confirm with Planning staff that their off-street parking obligation under the zoning by-law can still be met with the elimination of this one space. He suggested that another alternate location could be at the other side of the driveway. Various options were discussed for the relocation of the sign, and the Committee generally agreed to let the owner negotiate an alternate location with staff, provided the sign is outside of the visibility triangles, and the area required by the Region for road widening. COMMITTEE OF ADJUSTMENT 7 MARCH 20, 2007 1. Submission No.: SG 2007-003 ~Cont'd) Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Alkier Motorspor~ Ltd. requesting permission to erect a pylon sign having a height of 7.98m X26.18') rather than the permitted 7.5m X24.6'), to have no clearance between the bottom of the sign and grade rather than the required 2.44m (8'), on Park dot 123, German Company Tract, 1450 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the sign shall be located outside of the 4.57m X15') driveway visibility triangles and outside the area of the 1.52m (5') future Regional Road Widening. 2. That if the sign is to be located in an existing off-street parking space, the owner shall first consult with City Planning staff as to compliance with zoning by-law requirements for off-street parking for this use. 3. That prior to issuance of a sign permit for this sign, the owner shall submit, and receive approval of a revised site plan and landscaping plan for this property. 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 10:15 a.m. Dated at the City of Kitchener this 20th day of March, 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment