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HomeMy WebLinkAboutAdjustment - 2010-03-16 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 16, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs A. Head and M. Hiscott OFFICIALS PRESENT: Ms. K. Andrel, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. A Head, Vice 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 March 22, 2010 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 2010-004 Applicant: Canadian Pacific Railway Company Property Location: Manitou Drive (CPR land between Fairway & Webster) Legal Description: Part Lot 15, Registrar's Compiled Plan 1525 Appearances: In Support: E. Villamere Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a billboard sign to be located in a commercial zone, which is not permitted in the Sign By-law; and, permission for a billboard sign to be located 153m (501.96') from the closest billboard sign rather than the required 300m (984.25'). The Committee considered the report of the Development and Technical Services Department, dated March 2, 20010, advising that the subject property is located north of the Canadian Pacific Railway tracks where they intersect with Manitou Drive. The lands are zoned C-8 (Commercial Campus Zone) with special provisions 112U, 297R and 298R under By-law 85-1. The Official Plan designation is Highway Commercial. In February 2010, the applicant submitted the application requesting permission to relocate an existing billboard structure from 26 Manitou Drive to the subject lands (at approximately 50 metres north of the existing location) and that the sign be located 153 metres from another billboard rather than the required minimum of 300 metres. Through further review of the application, staff determined that another variance is required to locate the billboard in the C-8 zone. As per Section 680.4.2 of Chapter 680 of the Municipal Code, billboards are not a permitted type of sign in commercial zones. As a result, staff recommended that the application be amended to request permission to relocate the billboard sign in a commercial zone whereas the bylaw does not permit this type of sign in a commercial zone. The applicant is now requesting permission to locate a double faced billboard sign such that the separation to the closest billboard sign will be 153 metres rather than the required 300 metres. COMMITTEE OF ADJUSTMENT Submission No.: SG 2010-004 (Cont'd) MARCH 16, 2009 Furthermore, permission is request to locate adouble-faced billboard sign in a commercial zone (C-8) whereas the bylaw does not permit this type of sign in a commercial zone. The proposed location of the sign is a result of the redevelopment on an abutting property which will no longer accommodate the billboard sign. The variance meets the intent of the Sign By-law the following reason. The regulation requiring a minimum separation distance from other billboards is to control the visual impact of the proliferation of billboard signs on the aesthetics of the streetscape. The existing billboard that is within 300 metres of the proposed sign location is located on the opposite side of the street and at a lower grade level, as well as being separated by elevated train tracks. As such, the two billboard signs are not easily seen together from the same viewpoint. Therefore, staff are of the opinion that they would not negatively impact the aesthetics of the streetscape. The variance is minor for the following reason. As noted above, the impact of the reduced distances does not appear to affect the enjoyment of the subject property or surrounding lands. The existing billboard at 26 Manitou on abutting property has legal non conforming status as it is already located within 300 metres of another sign. That sign, at 26 Manitou Drive, will be removed and the proposed sign location will be situated at a greater distance from the closest sign, thus bringing it in closer conformity to the by-law. Furthermore, the number of signs in the area is not being increased, as the existing sign is being relocated. It is noted that the sign meets all other regulations of the Sign By-law. The variance is appropriate for the development and use of the land for the following reason. Manitou Drive is a primary arterial road and the billboard sign will be visible to a high volume of traffic which is an appropriate use for the commercial nature of the property and surrounding area. Staff does not anticipate any negative impact on the commercial plaza located behind the billboard sign or the industrial lands to the south. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no objections to this application. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Canadian Pacific Railway Company requesting permission for a billboard sign to be located in a commercial zone, which is not permitted in the Sign By-law; and, permission for a billboard sign to be located 153m (501.96') from the closest billboard sign rather than the required 300m (984.25'), on Part Lot 15, Registrar's Compiled Plan 1525, Manitou Drive (CPR land between Fairway & Webster), Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall remove the existing billboard sign located at 26 Manitou Drive. 2. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Submission No.: SG 2010-005 Applicant: Strathallen Property Location: 725 Ottawa Street South Legal Description: Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R-12353 COMMITTEE OF ADJUSTMENT 10 MARCH 16, 2009 Submission No.: SG 2010-005 (Cont'd) Appearances: In Support: G. Fitz-Henry Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to have a second roof sign on this building when the Sign By-law only permits 1 roof sign on a building. The Committee considered the report of the Development and Technical Services Department, dated March 5, 2010, advising that the subject property is located at 725 Ottawa Street South is zoned Arterial Commercial (C-6) with Special Provision 39 R, 29U in the Zoning By-law and is designated as a Planned Commercial Campus in the Official Plan. Currently, there is an existing roof sign on the Alpine Plaza building and the applicant is proposing to erect an additional roof sign for the benefit of another business located within the building. Therefore, the applicant is requesting relief from Section 680.18.2 of the City's Sign By-law which states that a maximum of one roof sign shall be permitted on a building. The intent of this Section of the By-law is to ensure that any given building is limited to one roof sign to avoid a cluttered and untidy appearance. In this situation, there is already an existing roof sign on the plaza building for the Cora Restaurant and the applicant is requesting permission to erect another roof sign for the `Pita Factory'. The plaza building is large enough to support both roof signs and staff are of the opinion that there is an acceptable amount of spacing between the existing roof sign (Cora) and the proposed roof sign (Pita Factory). Therefore the requested variance may be considered minor and will not impact the subject or the surrounding properties. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of Strathallen requesting permission to have a second roof sign on this building when the Sign By-law only permits 1 roof sign on a building, on Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R-12353, 725 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-006 Applicant: Antigua International Developments Limited Property Location: 2430 Homer Watson Boulevard Legal Description: Part of Biehn's Unnumbered Tract, being parts 2 & 3, Reference Plan 58R-4554 Appearances COMMITTEE OF ADJUSTMENT 11 MARCH 16, 2009 Submission No.: SG 2010-006 (Cont'd In Support: R. Baddeley Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building. The Committee considered the report of the Development and Technical Services Department, dated March 3, 2010, advising that the subject property is located at 2430 Homer Watson Blvd and is zoned Arterial Commercial Zone (C-6) in the Zoning By-law with special provisions 65R and 65U and has an Official Plan designation of Service Commercial. The applicant is requesting a variance to permit two fascia signs to project above the building elevation (canopy) 1.034 m, whereas Section 680.10.3 of the Municipal Code prohibits the projection of a fascia sign above a building elevation (canopy). The sign is the brand standard that is used across Canada on the gas bar canopies for Petro Canada. The intent of this section of the Sign By-law is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing an elevation of 1.034 m above the fagade of the canopy. Staff is of the opinion that the projection is minor as the sign is appropriate for the size of the canopy/building and the lot. It will not interfere with the overall appearance of the building but will enhance the canopy structure design. Therefore, staff has no concerns with the requested variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Antigua International Developments Limited requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building, on Part of Biehn's Unnumbered Tract, being Parts 2 & 3, Reference Plan 58R-4554, 2430 Homer Watson Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-007 Applicant: Golden Triangle Oils Limited Property Location: 1241 Weber Street East Legal Description: Lots 1-4 & 18-22, Plan 322, being Parts 3, 4 & 7, Reference Plan 58R-14719 Appearances COMMITTEE OF ADJUSTMENT 12 MARCH 16, 2009 Submission No.: SG 2010-007 (Cont'd In Support: R. Baddeley Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building. The Committee considered the report of the Development and Technical Services Department, dated March 3, 2010, advising that the subject property is located at 1241 Weber Street East and is zoned Arterial Commercial Zone (C-6) in the Zoning By-law with special provision 3U and has an Official Plan designation of Service Commercial. The applicant is requesting a variance to permit a fascia sign to project above the building elevation (canopy) 1.034 m, whereas Section 680.10.3 of the Municipal Code prohibits the projection of a fascia sign above a building elevation (canopy). The sign is the brand standard that is used across Canada on the gas bar canopies for Petro Canada. The intent of this section of the Sign By-law is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing an elevation of 1.034 m above the fagade of the canopy. Staff is of the opinion that the projection is minor as the sign is appropriate for the size of the canopy/building and the lot. It will not interfere with the overall appearance of the building but will enhance the canopy structure design. Therefore, staff has no concerns with the requested variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Golden Triangle Oils Limited requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building, on Lots 1-4 & 18-22, Plan 322, being Parts 3, 4 & 7, Reference Plan 58R-14719, 1241 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-008 Applicant: Golden Triangle Oils Limited Property Location: 426 Highland Road West Leaal Description: Part Lot 92. Plan 786 Appearances: In Support: R. Baddeley COMMITTEE OF ADJUSTMENT 13 MARCH 16, 2009 Submission No.: SG 2010-008 (Cont'd Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building. The Committee considered the report of the Development and Technical Services Department, dated March 3, 2010, advising that the subject property is located at 426 Highland Road West and is zoned Arterial Commercial Zone (C-6) in the Zoning By-law with special provision 1 R and has an Official Plan designation of Service Commercial. The applicant is requesting a variance to permit two fascia signs to project above the building elevation (canopy) 1.034 m, whereas Section 680.10.3 of the Municipal Code prohibits the projection of a fascia sign above a building elevation (canopy). The sign is the brand standard that is used across Canada on the gas bar canopies for Petro Canada. The intent of this section of the Sign By-law is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing an elevation of 1.034 m above the fagade of the canopy. Staff is of the opinion that the projection is minor as the sign is appropriate for the size of the canopy/building and the lot. It will not interfere with the overall appearance of the building but will enhance the canopy structure design. Therefore, staff has no concerns with the requested variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of Golden Triangle Oils Limited requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building, on Part Lot 92, Plan 786, 426 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-009 Applicant: 795 Ottawa Street Developments Inc. Property Location: 795 Ottawa Street South Legal Description: Lot 1, Plan 1358 and Part Lot 2, Plan 1027, being Parts 1, 2, 3 & 5 Reference Plan 58R-900 Appearances: In Support: R. Baddeley Contra: None COMMITTEE OF ADJUSTMENT 14 MARCH 16, 2009 Submission No.: SG 2010-009 (Cont'd Written Submissions: None The Committee was advised that the applicant is requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building. The Committee considered the report of the Development and Technical Services Department, dated March 3, 2010, advising that the subject property is located at 795 Ottawa Street South and is zoned Arterial Commercial Zone (C-6) in the Zoning By-law with special provision 462R and has an Official Plan designation of Service Commercial. The applicant is requesting a variance to permit two fascia signs to project above the building elevation (canopy) 1.034 m, whereas Section 680.10.3 of the Municipal Code prohibits the projection of a fascia sign above a building elevation (canopy). The sign is the brand standard that is used across Canada on the gas bar canopies for Petro Canada. The intent of this section of the Sign By-law is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing an elevation of 1.034 m above the fagade of the canopy. Staff is of the opinion that the projection is minor as the sign is appropriate for the size of the canopy/building and the lot. It will not interfere with the overall appearance of the building but will enhance the canopy structure design. Therefore, staff has no concerns with the requested variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of 795 Ottawa Street Developments Inc. requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By-law does not permit signs to extend above the building, on Lot 1, Plan 1358 and Part Lot 2, Plan 1027, being Parts 1, 2, 3 & 5 Reference Plan 58R-900, 795 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener. 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-010 Applicant: Historic St. Paul's Lutheran Church Property Location: 137 Queen Street South Legal Description: Part Lots 6 & 7, Plan 394 Appearances: In Support: G. Fitz-Henry Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 15 MARCH 16, 2009 7. Submission No.: SG 2010-010 (Cont'dl The Committee was advised that the applicant is requesting permission to erect a ground supported sign having automatic changing copy to be located 38m (124.67') from the closest residential zone rather than the required 150m (492.12') and to be located approximately 25m (82') from another ground supported sign on the same property rather than the required 50m (164'). The Committee considered the report of the Development and Technical Services Department, dated March 5, 2010, advising that the subject property located at 137 Queen Street South is zoned Commercial Residential (D-5) in the Zoning By-law and is designated as City Centre District in the Official Plan and contains the Historic St. Paul's Lutheran Church. Relief is being sought from Section 680.3.29 of the City's Sign By-law to permit an existing automatic changing copy sign to be located approximately 38 metres from a residential zone, as shown in Figure 1 below, rather than the required 150 metres setback. The applicant previously submitted a minor variance application for the requested relief prior to obtaining a sign permit and the erection of the sign. However, due to an internal miscommunication, the minor variance application was deemed not necessary at the time it was submitted and the City issued a Sign Permit for a manual changing copy sign and the applicant proceeded to have the sign installed. It was only at this time that staff's further review revealed that the minor variance was still required to legalize the location of the automatic changing copy sign. The intent of Section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between the automatic changing copy sign and any residential zone in order to minimize the impacts of the additional illumination and distraction of the changing sign. In this situation, staff are of the opinion that the distance between the sign and the closest residential zone (Commercial Residential) is sufficient because the sign is oriented so that the changing copy is not directly facing the residential zone. Based on the foregoing, Planning staff recommends that the application be approved without conditions. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2010, advising that they have no objections to this application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of Historic St. Paul's Lutheran Church requesting to erect a ground supported sign having automatic changing copy to be located 38m (124.67') from the closest residential zone rather than the required 150m (492.12') and to be located approximately 25m (82') from another ground supported sign on the same property rather than the required 50m (164'), on Part Lots 6 & 7, Plan 394, 137 Queen Street South, 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 16 MARCH 16, 2009 ADJOURNMENT On motion, the meeting adjourned at 10:08 a.m. Dated at the City of Kitchener this 16th day of March, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment