1 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020
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Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020 PUBLIC HEARINGS Item No. 1 Appeal – Variance – 242 Hargrave Street (Fort Rouge – East Fort Garry Ward) File DAV 186728A/2020B STANDING COMMITTEE DECISION: The Standing Policy Committee on Property and Development, Heritage and Downtown Development allowed the appeal, did not concur in the decision of the Director of Planning, Property and Development, and approved a Variance on “the land” for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) on the west side of the building. Further, the Standing Policy Committee on Property and Development, Heritage and Downtown Development cancelled Variance Order DAV 186728/2020B. 1 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020 DECISION MAKING HISTORY: The Winnipeg Public Service advised that all statutory requirements with respect to this appeal have been complied with. Moved by Councillor Klein, That the report of the Winnipeg Public Service be taken as read. Carried Moved by Councillor Klein, That the receipt of public representations be concluded. Carried Moved by Councillor Klein, That in accordance with Subsection 247(3) of The City of Winnipeg Charter, the Variance, (a) ✓ is consistent is not consistent with Plan Winnipeg, and any applicable secondary plan; (b) ✓ does not create does create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; (c) ✓ is is not the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and (d) ✓ is is not compatible with the area in which the property to be affected is situated. Supporting Comments: 1. As noted by the Public Service but also by that applicant the sign does blend will with décor of building. I think it sets a nice branding stage for that area where True North Square is. 2 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020 DECISION MAKING HISTORY (continued): 2. We’re building that area up and I think when we have people that want to invest in the City of Winnipeg, we need to partner with them. 3. 20 feet is difference that we’re talking about here and I believe that the vision they have for True North Square, they had a long term vision that they’re reaching for and this signage fits perfectly well within their vision. I fully support the applicants on their request to have the sign 20 feet higher. Carried Moved by Councillor Klein, That the appeal be allowed and the decision of the Director of Planning, Property and Development not be concurred in and Variance Order DAV 186728/2020B be cancelled. Carried Moved by Councillor Klein, That the public hearing with respect to this appeal be concluded. Carried 3 THE CITY OF WINNIPEG VARIANCE APPEAL ORDER STANDING POLICY COMMITTEE ON PROPERTY AND DEVELOPMENT, HERITAGE AND DOWNTOWN DEVELOPMENT DAV 186728A/2020B Before: Appeal Committee Councillor Gilroy, Chairperson Councillor Klein Councillor Lukes Councillor Santos Hearing: November 16, 2020 Council Building, 510 Main Street Applicant: David Atkinson, Five Star Permits Premises Affected: 242 Hargrave Street Legal Description: LOT 1 PLAN 60454, hereinafter called “the land” Property Zoned: M (Manufacturing) Nature of Appeal: To vary the “Multiple Use” Sector regulations of Downtown Zoning By-Law No. 100/2004 for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building. ORDER MADE BY THE DIRECTOR OF PLANNING, PROPERTY AND DEVELOPMENT: The Director of Planning Property and Development rejected a Variance, File DAV 186728/2020B, to David Atkinson, Five Star Permits, for premises located at 242 Hargrave Street, for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building. 4 - DAV 186728A/2020B - Pursuant to the provisions of The City of Winnipeg Charter, David Atkinson, on behalf of Ceridian, appealed the Variance Order DAV 186728/2020B and after Notice, the appeal was heard on November 16, 2020. Upon consideration of the evidence adduced and submissions made, the Standing Policy Committee on Property and Development, Heritage and Downtown Development is of the opinion that, subject to the condition(s) imposed, if any, this Appeal Order does meet the statutory criteria as outlined in Subsection 247(3) of The City of Winnipeg Charter, in that it: (a) ✓ is consistent is not consistent with Plan Winnipeg, and any applicable secondary plan; (b) ✓ does not create does create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; (c) ✓ is is not the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and (d) ✓ is is not compatible with the area in which the property to be affected is situated. Supporting Comments: 1. As noted by the Public Service but also by that applicant the sign does blend will with décor of building. I think it sets a nice branding stage for that area where True North Square is. 2. We’re building that area up and I think when we have people that want to invest in the City of Winnipeg, we need to partner with them. 3. 20 feet is difference that we’re talking about here and I believe that the vision they have for True North Square, they had a long term vision that they’re reaching for and this signage fits perfectly well within their vision. I fully support the applicants on their request to have the sign 20 feet higher. 5 - DAV 186728A/2020B - ORDER: The Standing Policy Committee on Property and Development, Heritage and Downtown Development orders that the appeal is allowed and that Variance Order DAV 186728/2020B dated September 28, 2020, is cancelled. THIS ORDER IS SUBJECT TO ALL BUILDING, HEALTH OR OTHER REGULATIONS PERTAINING TO THE LAND HEREIN REFERRED TO. DATE OF ORDER: November 19, 2020 CERTIFIED BY: K. McMillan Senior Committee Clerk THE FOLLOWING PERSONS MADE REPRESENTATIONS: In Support of the Appeal: David Atkinson Mishel Poiron Scott Kitching Chris McGrath Gavin Johnstone Jim Ludlow In Opposition to the Appeal: Nil For Information on the Appeal: Nil 6 - DAV 186728A/2020B - For the City: J. Kiernan, Director, Planning Property and Development K. Kowalke, Principal Planner, Planning, Property and Development Department K. Kliewer, Planner, Planning, Property and Development Department 7 EXHIBITS FILED FOR DAV 186728A/2020B 1. Order DAV 186728/2020B dated September 28, 2020 2. Notice of Appeal filed by David Atkinson, on behalf of Ceridian, received October 5, 2020 3. Notification of Public Hearing dated October 30, 2020 4. Confirmation from the Zoning and Permits Administrator that the subject property may be posted in substitution for newspaper advertising 5. Plans, Sheets 1 and 2, for File DAV 186728/2020B dated September 3, 2020 6. Report from the Urban Planning and Design Division dated November 5, 2020 7. Inspection Report 8. Photos submitted by Gavin Johnstone in support of the application 8 Exhibit “6” referred to in File DAV 186728A/2020B ADMINISTRATIVE REPORT Title: Appeal - DAV 186728/2020B, 242 Hargrave Street Critical Path: Standing Policy Committee on Property and Development, Heritage and Downtown Development AUTHORIZATION Author Department Head CFO CAO D. Jopling J. Kiernan EXECUTIVE SUMMARY The proposed development involves a proposed 49-foot high sign at True North Square, facing Carlton Street. The applicant is appealing the rejection of a variance for the proposed height. The allowable height is 25 feet. The Department is recommending that the Director’s decision be upheld and that signage plans be revised to be no more than 35.5 feet, which is the height variance allowed for another sign on site. The regulations are in place to ensure all downtown signage is oriented and designed primarily to be seen by pedestrians, at a pedestrian scale, as opposed to passing motor vehicles. RECOMMENDATIONS 1. The Winnipeg Public Service recommends that the decision of the Director of Planning, Property and Development Department, dated September 17, 2020 be upheld. REASON FOR THE REPORT The variance application for a sign height of 49 feet was rejected by the Director of Planning, Property and Development Department on September 17, 2020. The applicant has appealed this decision. The Standing Policy Committee on Property and Development, Heritage and Downtown Development is the delegated hearing body for appeals of the Public Service’s decisions on variance and conditional use applications in Downtown Winnipeg. 9 IMPLICATIONS OF THE RECOMMENDATIONS If the recommendations of the Public Service are concurred in, proposed plans will need to be reconfigured to reflect the recommendations of the Department, or in the Downtown Winnipeg Zoning By-law 100/2004. HISTORY/DISCUSSION • The proposed development involves the installation of a 49-foot high sign facing Carlton Street, for a tenant at True North Square (242 Hargrave). • Pursuant to Section 247(3) of the City of Winnipeg Charter, an application for a variance with respect to a property may be approved if the variance: a) is consistent with Plan Winnipeg and any applicable secondary plan; b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; c) is the minimum modification of a zoning-by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and d) is compatible with the area in which the property to be affected is situated.