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HomeMy WebLinkAboutAdjustment - 2009-10-20 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 20, 2009 MEMBERS PRESENT: Messrs D. Cybalski, M. Hiscott and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and Ms. D. Saunderson, 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 November 2, 2009 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 2009-003 Applicant: 1502134 Ontario Ltd. Property Location: 1500 Weber Street East Legal Description: Lots 143 & 144, Part Lots 142 & 145, Lots 153 -158, Plan 308, being Part 2, Reference Plan 58R-3270 Appearances: In Support: A. Kotsopoulos B. Jukes Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to have a continuous fascia sign box on the southerly elevation of the building, such that there will be no spaces between fascia signs; whereas the Sign By-law requires a space of 0.3m (1') between fascia signs. The Committee considered the report of the Development and Technical Services Department, dated October 9, 2009, advising that the subject property is located at 1500 Weber Street East, is zoned Arterial Commercial (C-6) in the Zoning By-law and has an Official Plan designation of Arterial Commercial Corridor. Relief is being sought from Section 680.10.14 of the City of Kitchener Sign By-law to allow the existing fascia signs to have a separation between the signs of 0 metres rather than the required 0.3 metres. The intent of the separation distance of 0.3 metres as outlined in the City of Kitchener Sign By- law is to create more attractive facades by allowing breaks between the signs to introduce different material and finishes. However in this situation since the signs already exist, staff feels that no benefit would be served by making the applicant re-install the signs with the required separation between them. Furthermore, each sign presents a different image and produces an attractive variation between the signs which enhances the overall appearance of the fapade. Therefore, staff has no concerns with eliminating the required separation distance between the signs and fully supports the variance. COMMITTEE OF ADJUSTMENT 1. Submission No. SG 2009-003 (Cont'd~ OCTOBER 20, 2009 The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 13, 2009, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of 1502134 Ontario Ltd. requesting permission to have a continuous fascia sign box on the southerly elevation of the building, such that there will be no spaces between fascia signs; whereas the Sign By-law requires a space of 0.3m (1') between fascia signs, on Lots 143 & 144, Part Lots 142 & 145, Lots 153 -158, Plan 308, being Part 2, Reference Plan 58R-3270, 1500 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain sign permits from the City of Kitchener for the existing signs. It is the opinion of this Committee that: 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2009-004 Applicant: 2225 Kingsway Drive Inc. Property Location: 2225 Kingsway Drive Legal Description: Part Block G, Plan 254 Appearances: In Support: M. Collins Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground sign with automatic changeable copy to be located 10 m (32.8`) from the intersection of Kingsway Drive and Fifth Avenue rather than the required 23 m (75.45`) and located 28 m (91.86`) from the closest Residential Zone rather than the required 150 m (492.1'). The Committee considered the report of the Development and Technical Services Department, dated October 7, 2009, advising that the subject property is located at the corner of Kingsway Drive and Fifth Avenue, with the King Street By-Pass (Hwy 8) located to the north of the lands. The property is designated Arterial Commercial Corridor in the City's Official Plan and zoned Arterial Commercial Zone (C-6) in Zoning By-law 85-1. The applicant wishes to modify an existing sign to permit automatic changing copy. The applicant is requesting two variances to the Sign By-law for a digital clock/temperature reading area to be installed on an existing sign. Following are the reliefs that are being sought: Section 680.3.29 of the Sign By-law which requires an automatic changing copy sign shall not be located within 150m of any residential zone and the applicant is proposing a 28 m setback from the closest residential zone; and also automatic changing copy shall be located at least 23 m from a street intersection or traffic light and the applicant is proposing a 10m setback from the closest intersection. In considering the requested variances to the City of Kitchener Sign By-law, Planning staff offer the following comments. COMMITTEE OF ADJUSTMENT 2. Submission No. SG 2009-004 (Cont'd~ OCTOBER 20, 2009 The variances meet the intent of the Sign By-law and can be considered minor. In regards to the 150 metre separation distance from a residential zone, it is intended to ensure that automatic changing copy does not dominate the facade of a building or negatively affect the streetscape near a residential neighbourhood. The sign is located in the front yard and facing away from the closest residential zone which is located adjacent to the rear lot line of the subject property. Across the highway there is a residentially zoned apartment building which is approximately 81 m from the subject sign. Because of the layout of the building, windows and balconies of the apartment do not directly face the sign and therefore cannot be easily viewed from the residents of the apartment. In regards to the variance to reduce the setback for a changing copy sign from the nearest intersection, the intent of the regulation is to ensure that drivers using the intersection do not become distracted by automatic changing copy on a sign which could possibly be confused with traffic lights. The subject sign is located close to the fapade of the building which does not dominate sight-lines at the aforementioned intersection. Therefore, Staff does not foresee any negative implications to vehicular or pedestrian traffic. Based on the above, staff is of the opinion the requested variances meet the intent of the Sign By-law and can be considered minor. As well as being desirable for the appropriate development of the surrounding commercial lands and neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 13, 2009, advising that they have no concerns with this application. The Committee considered the report of the Ministry of Transportation, Corridor Management Officer, dated October 5, 2009, advising that they have no concerns with this application; however, a sign permit from the Ministry of Transportation is required before any grading/construction commences. The Chair commented that the proposed height of the sign at 144" seemed quite tall for a ground sign and questioned whether this sign is actually a pylon sign. He advised that the sign being considered by this Committee must meet the height requirements of the City's Sign By- Lawfor ground signs. Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of 2225 Kingsway Drive Inc. requesting permission to erect a ground sign with automatic changeable copy to be located 10 m (32.8`) from the intersection of Kingsway Drive and Fifth Avenue rather than the required 23 m (75.45`) and located 28 m (91.86`) from the closest Residential Zone rather than the required 150 m (492.1'), on Part Block G, Plan 254, 2225 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City of Kitchener. 2. That the variance as approved in this application shall apply to the proposed sign and sign location only in accordance with the drawings submitted with this application and in accordance with the height restrictions for ground signs as identified in Chapter 680 (SIGN) of the City of Kitchener Municipal Code. It is the opinion of this Committee that: 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 20th day of October, 2009. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment OCTOBER 20, 2009