Loading...
HomeMy WebLinkAboutAdjustment - 2007-06-19 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 19.2007 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. T. Kraemer, Assistant Secretary- Treasurer. 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, June 25, 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.: Appl icant: Property Location: Leaal DescriDtion: SG 2007-006 Murray Bauman Investments Ltd. 800 Victoria Street North Part Lot 48. Reaistered Plan 763 Appearances: In Support: J. Akhtar Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a fascia sign having automatic changing copy, to be located 17m (55.77') from the intersection of Bruce Street and Victoria Street North, rather than the required 23m (75.45'). The Committee considered the report of the Development and Technical Services Department, dated May 25, 2007, advising the subject property is located at the north end of the intersection of Victoria Street North and Bruce Street. This property is zoned Service Industrial Zone (M-3) and designated as Arterial Commercial Corridor in the Municipal Plan. The applicant requests permission to legalize a proposed LED sign with automatic changing copy below the existing fascia sign on one of the building's south-facing store fronts. This is proposed to be located 17 meters from the street intersection rather than the required 23 meters according to s4.19 of the Sign By-law. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. According to s4.6 of the Municipal Plan, Arterial Commercial Corridor is predominantly automobile oriented and particularly accommodates specialized business relying on exposure to the traveling public. Putting up a new sign on the subject property ought to bring in more attention from the traveling public, thereby maintaining the rationale of the Plan. Moreover, adding an additional sign is considered as minor in nature while keeping up with the commercial nature and permitted land use as stated in the Zoning By-law. COMMITTEE OF ADJUSTMENT 13 JUNE 19, 2007 1. Submission No.: SG 2007-006 (Cont'd) In considering the requested variance to the City of Kitchener Sign By-law, Planning Staff offers the following comments. The intent of the regulation to have automatic changing copy signs 23 meters away from the nearest street intersection is to ensure that changing displays will not adversely affect traffic and pedestrian safety. In fact, it was a precautionary measure taken before demonstrated impacts were understood. There is currently no evidence showing that placing changing copy signs closer to street intersections will undermine vehicular and pedestrian safety. In this regard, Staff considers that the 5 meters reduction is minor and would have little effect on safety. Furthermore, the sign will use amber lighting instead of the red lighting typically used for the automatic changing copy signs and this will lessen the impact of the emission of light from the sign. Based on the foregoing, Planning Staff recommends that the application as submitted be approved. Mr. Akhtar explained the application noting that the automatic changing copy sign will be located under the existing sign. Mr. McColl stated that automatic changing copy signs can now have more than lettering, and can undermine pedestrian and vehicular safety. He noted that the staff report states the display will be amber in colour and not red, and he advised he prefers only amber lighting. He also questioned the hours of business and whether the automatic changing copy could be turned off by midnight so as not to cause the neighbour any concerns. Mr. Akhtar stated his understanding that this sign could be turned off at midnight. Mr. McColl suggested that any approval of this application include conditions about lighting colour and turning off the sign at midnight. Mr. Head stated that there is very little pedestrian traffic in this area, and he didn't see the need for the requested conditions. Mr. Head put forward a recommendation to approve this application as submitted. He then agreed to a condition, as requested by Mr. McColl, that the lighting in the sign be amber in colour. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Murray Bauman Investments Ltd. requesting permission to erect a fascia sign having automatic changing copy to be located 17m (55.77') from the intersection of Bruce Street and Victoria Street, rather than the required 23m (75.45'), on Lot 48, Plan 763, 800 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the colour of lighting for this automatic changing copy sign shall be amber. 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.: Appl icant: Property Location: Leaal DescriDtion: SG 2007-007 McPherson Centre Ltd. 305 King Street West Part Lot 8. Part Lot 9. Reaistered Plan 375 Appearances: In Support: R. Smith COMMITTEE OF ADJUSTMENT 14 JUNE 19, 2007 2. Submission No.: SG 2007-007 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect 2 roof signs rather than the 1 roof sign permitted in the Sign By-law. The Committee considered the report of the Development and Technical Services Department, dated May 29, 2007, advising the subject property is located at the south-west corner of King Street West and Water Street South, bordering north of Halls Lane West. The property is zoned Retail Core Zone (0-1) and is designated as Retail Core in the Downtown Secondary Plan. The building that exists on the site is a multi-storied office that was occupied by TO Canada Trust. The current applicant, McPherson Centre Ltd., has not previously applied for relief in regards to this subject property over the sign by-law 2005-194, and similarly, has not subjected this location to a plan of subdivision or consent. The applicant has requested for a minor variance in respect to the limit on roof signs in the City of Kitchener. Under by-law 2005-194, section 19.2 states "a maximum of one roof sign shall be permitted on each building". The applicant has asked that this regulation be relaxed to permit the applicant to put up two roof signs, one facing westwards on King Street West and another facing east on King Street West. The purpose of this extra sign is for added exposure on both directions of King Street, whereas having one sign facing King Street would "greatly reduce visibility", and "placing only one sign on the east side or one sign on the west side reduces the exposure by half". By having two signs, this would enable the applicant to maximize their visibility in this high profile location. The sign itself is 4.5 meters in height and its area, 37.75 square meters. Neither of these measurements violates the regulations and fit within stipulations as set out in section 19.4 and 19.6 respectively of the by-law. The length of the sign is 18.6m, or about 3 meters more than half of the length of a side of the building. In considering the requested variances to the City of Kitchener Sign By-law, staff must examine whether this minor variance would meet the four tests as set out in the Planning Act: that is, (1) be desirable for the appropriate development or use of the land, building, or structure; (2) maintain the general intent and purpose of the Zoning By-law, (3) maintain the general intent and purpose of the Official Plan and lastly, (4) be minor. Firstly, the proposed signs would be located at the top of a commercial building. Typically, signs are used by businesses to attract clients and customers. Adding an additional sign to the top of a building is in keeping with the commercial nature and use of the land, building and structu re. In respect to keeping the intent and purpose of the by-law, section 19.2 dictates that all roof signs are limited to one per building. This is the result of concerns over visual obstructions. Nonetheless, two signs have existed previously when TO Canada Trust was a tenant of the building, and there were no known issues involving visual obstruction then. It is only reasonable then that they be permitted now. The Official Plan states broadly in its General Policies Plan that a "vibrant and healthy downtown is important to the local economy and the establishment of a community identity. Further, it is recognized that the continued success of the Downtown will depend upon the enhancement of its character, the provision of community amenities, the development of its business environment and the enhancement of its value as a place to live". While the addition of a roof sign will hardly significantly affect downtown as a commercial destination, it would be conducive to improving the business of this enterprise. Lastly, whether the sign itself is minor, is rather a subjective viewpoint. Staff takes the stance that determining whether something is "minor" can be accomplished through the examination of its context and its potential impacts on others. As the signs will be located at the top of the building and 305 King Street West is one of the tallest buildings in this part of downtown, it will COMMITTEE OF ADJUSTMENT 15 JUNE 19, 2007 2. Submission No.: SG 2007-007 (Cont'd) be visible if one looks up. However, surrounding uses are primarily commercial, with only the Eaton's Lofts located diagonally across from the intersection of King Street West and Water Street to potentially see any effects. People affected will primarily be workers who operate during the daytime. As such, Planning staff recommends that this application for a sign variance to be approved. The Committee considered the report of the Region of Waterloo, Supervisor, Corridor Management, dated May 28, 2007, in which they advise that they have no concerns with this appl ication. Mr. Smith explained this application noting that they wish to erect 2 roof signs on this building, and that the supporting structures for 2 roof signs are already in place. He stated that the signs are of a size permitted in the current zoning by-law. Upon questioning, staff advised that the Eaton Lofts building is 4 storeys in height, and the subject building is 12 storeys in height. Mr. McColl noted that the total area of these 2 roof signs exceeds the area of a roof sign permitted in the Sign By-law by 500/0, and the new Sign By-law, which will be considered by City Council on June 25th, will permit roof signs to have an area of only 10 sq. m. He was of the opinion that this proposal is not a minor variance, and that putting a bright sign in people's windows does not encourage downtown residential use. Ms. von Westerholt stated that regardless of what is proposed in the new sign by-law, the Committee must consider the by-law in place today. Mr. Smith noted that the LED backlit sign will not create as much light as would be created if all this building's interior lighting were turned on. Further, the amount of light from these signs is acceptable according to the sign by-law. He stated that the concern is legitimate; however, these signs are appropriate to a downtown environment, and this is not a residential zone. Mr. Head advised of his opinion that the requested variance is minor. Mr. Cybalski stated that this building is unique, the sign area provided for in the Sign By-law is for each sign, and each of the proposed signs faces in a different direction. Moved by Mr. A Head Seconded by Mr. D. Cybalski That the application of McPherson Centre Ltd. requesting permission to erect 2 roof signs on this building rather than the 1 roof sign permitted in the Sign By-law, on Part Lots 8 & 9, Plan 375, 305 King Street West, 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 property. Carried 3. Submission No.: Appl icant: Property Location: Leaal Descriotion: SG 2007-008 Fischer-Hallman Business Centre 715 Fischer-Hallman Road Part Lot 47. German Company Tract Appearances: In Support: K. Lefebvre Contra: None COMMITTEE OF ADJUSTMENT 16 JUNE 19, 2007 3. Submission No.: SG 2007-008 (Cont'd) Written Submissions: None The Committee was advised that the applicant requests permission to erect a fascia sign on the front elevation, to project 0.51 m (1.67') from the wall rather than the permitted 0.35m (1.14'), and permission to erect a fascia sign on the canopy over the drive-thru to project 0.51 m (1.67') from the wall, rather than the permitted 0.35m (1.14'). The Committee considered the report of the Development and Technical Services Department, dated June 12, 2007, advising the subject property is located on the west side of Fischer- Hallman Road, south of Ottawa St. S. The zoning designation is Commercial Campus Zone (C-8) under By-law 85-1 with a special provision of 440R and a Municipal Plan designation of Planned Commercial Campus. It is developed with a multiple tenant commercial building which includes the RBC bank with a drive-through facility. The applicant is requesting permission to construct two fascia signs accessory to the bank. One sign will be located on the side of the building and the other sign will be located on the canopy of the drive-through facility. Staff notes that the sign on the canopy is actually a canopy sign and not a fascia sign as originally requested. Therefore the requests for signage should be amended as follows: "Permission to erect a fascia sign on the front elevation to project 0.51 meters from the wall rather than the permitted 0.35 meters and permission to erect a canopy sign on the drive-through canopy to project 0.51 meters from the canopy rather than the permitted 0.35 meters." In regards to the variance staff has considered the tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Sign By-law which is to ensure that fascia and canopy signage does not dominate the fa<;ade of the building. The subject signs are modest in area and do not adversely affect the aesthetics of the building. The variance could be considered minor in nature for the following reason. The projection is not onerous considering the size of the building. The fascia on the fa<;ade of the building is to be constructed onto a "bow" that projects from the wall, as this is a standard corporate design. The variance is appropriate for the development and use of the land for the following reason. The applicant states that this is a standard corporate design for their client and the signage is appropriate for the size and location of the building. It is noted that all other regulations of the Sign By-law are being met. Based on the above comments, Planning staff recommends that the application be approved as amended. Staff notes that a Sign Permit would be required. The Committee considered the report of the Region of Waterloo, Supervisor, Corridor Management, dated May 28, 2007, in which they advise that they have no concerns with this appl ication. The Committee considered the report of the Grand River Conservation Authority, dated June 8, 2007 advising that a portion of the property is located within the regulated allowance adjacent to a wetland. Consequently, the property is regulated by the GRCA under the Development, Alterations to Shorelines and Watercourses and Interference with Wetlands Regulation (Ontario Regulation 150/06) and will require a permit. It was noted in the Development and Technical Services Department report that the sign on the canopy is classified as a canopy sign and not a fascia sign, and that the request should be amended accordingly; which was agreed to by Ms. Lefebvre. COMMITTEE OF ADJUSTMENT 17 JUNE 19, 2007 3. Submission No.: SG 2007-008 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Fischer-Hallman Business Centre/Kingsley Developments requesting permission to erect a fascia sign on the front elevation, to project 0.51 m (1.67') from the wall rather than the permitted 0.35m (1.14'), and permission to erect a canopy sign on the drive- through canopy to project 0.51 m (1.67') from the canopy rather than the permitted 0.35m (1.14'), on Part Lot 47, German Company Tract, 715 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 property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:19 a.m. Dated at the City of Kitchener this 19th day of June, 2007. Dianne H. Gilchrist Secretary- Treasurer Committee of Adjustment