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HomeMy WebLinkAboutAdjustment - 2011-02-15 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 15, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski and A. Lise OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. A. Buitenhuis, Student Planner, Ms. D. Gilchrist, Secretary- Treasurer, Ms. M. Burleanu, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:41 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 7, 2011 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 2011-001 Applicant: Suncor Energy Property Location: 4592 King Street East Legal Description: Part Lots 23 & 24, Beasley's Broken Front Concession Appearances: In Support: A. Dyal J. Yan Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to locate 3 fascia signs on the building such that the bottom of each sign will be 3.15m (10.33') above grade rather than the required 4.26m (14'). The Committee considered the report of the Planning Division, dated February 1, 2011, advising that the applicant is requesting a minor variance to locate three fascia signs on a building such that the bottom of each sign will be 3.15 metres (10.33 feet) above grade rather than the required 4.26 metres (14 feet). Staff notes that three signs have been included in this variance request, however on reviewing the application in detail it is noted that only one elevation of the building has a sign located above a vehicular area. Therefore staff recommends that the variance be amended to request permission for one fascia sign to be located on a building such that the bottom of the sign will be 3.15 metres (10.33 feet) above grade rather than the required 4.26 metres (14 feet). The other two elevations do not have bay doors and therefore do not require variance approval. The intent of this Sign by-law regulation is to ensure that there is sufficient distance between a sign and vehicles travelling beneath the sign. In this case, the sign is located on a portion of the building that is above the top of the bay doors. Therefore any vehicles entering the bay doors would not come in contact the sign. COMMITTEE OF ADJUSTMENT Submission No.: SG 2011-001 (Cont' FEBRUARY 15, 2011 Based on the foregoing, Planning staff is of the opinion that the variance is minor and can be considered appropriate development of the land and that the application be approved. It is noted that a Sign Permit application has been submitted and therefore this is not required to be a condition of approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2011, advising that they have no concerns with this application. An amendment to the application as outline in the staff report was agreed to by the Committee and the applicant. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of Suncor Energy requesting permission to locate a fascia sign on the building such that the bottom of the sign will be 3.15m (10.33') above grade rather than the required 4.26m (14'), on Part Lots 23 & 24, Beasley's Broken Front Concession, 4592 King Street East, Kitchener, Ontario, BE APPROVED. 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 2011-003 Applicant: Waterloo Catholic District School Board Property Location: 455 University Avenue West Legal Description: Lot 34, German Company Tract, being Part 2, Reference Plan 58R-5557 Appearances: In Support: C. Cluthe Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect an automatic changing copy sign 34m (111.54') from a residential zone rather than the required 150m (492.12' ). The Committee considered the report of the Planning Division, dated February 7, 2011, advising that the applicant is requesting relief from Section 680.3.29 of the By-law, which states that "Automatic changing copy on a sign shall not be located within 150 metres (492 feet) of any residential zone." The applicant is requesting relief from the By-law to permit an automatic changing copy sign located 34 metres from a residential zone. The intent of the 150 metre separation distance from a residential zone for automatic changing copy 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. The applicant is proposing an automatic changing copy sign closer to a residential zone than what is allowed. The proposed sign would be approximately one metre south of the existing sign location, which is perpendicular to the street. Residents directly across from the sign will not be able to see the automatic changing copy. A COMMITTEE OF ADJUSTMENT Submission No.: SG 2011-003 (Cont' FEBRUARY 15, 2011 large amount of trees and foliage along the street also create a buffer between the sign and the houses. Finally, when viewed at 60° off centre, the LED lights of the sign have a diminished brightness. For these reasons, staff are of the opinion that in this situation the distance between the sign and the residential zone is adequate and will not cause an inconvenience to residents living near it. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2011, advising that they have no concerns with this application. Mr. Cluthe advised that the 34m measurement is from property line to property line: however, the closet house is 60m away from the proposed sign. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of Waterloo Catholic District School Board requesting permission to erect an automatic changing copy sign 34m (111.54') from a residential zone rather than the required 150m (492.12'), on Lot 34, German Company Tract, being Part 2, Reference Plan 58R-5557, 455 University Avenue West, Kitchener, Ontario, BE APPROVED. That the owner shall obtain a sign permit for the sign approved in this application from the City's Planning Division. 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 2011-004 Applicant: Ira Needles Developments Limited Property Location: 235 Ira Needles Boulevard Legal Description: Part Lot 38, German Company Tract Appearances: In Support: N. Dart Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground supported sign with the copy "No Exit" that does not contain the address of the property; whereas ground supported signs must contain the address of the property on which they are located. The Committee considered the report of the Planning Division, dated February 7, 2011, advising that the applicant is requesting a variance from the Sign By-law to allow a ground supported sign with no address whereas section 680.11.15 of the Kitchener Sign By-law requires all ground supported signs to contain the municipal address of the property on which they're located. The subject property located at 235 Ira Needles Boulevard is designated as Arterial Commercial Corridor in the City of Kitchener Official Plan and zoned as Arterial Commercial (C- 6) with special provisions 484R and 382U in the City of Kitchener Zoning By-law 85-1. The COMMITTEE OF ADJUSTMENT Submission No.: SG 2011-004 (Cont' FEBRUARY 15, 2011 applicant is requesting relief from the City's Sign By-law for the erection of a ground supported sign at the proposed location. The applicant is requesting relief from section 680.11.15 of the By-law, which states that "Ground supported signs shall contain the municipal address(es) of the property on which the ground supported sign is located." The applicant is requesting relief from the By-law to permit a ground supported "Exit Only" sign with no address. It is noted that the applicant has received prior variance approval for this sign through SG 2010- 020. This variance contained a condition that the sign be moved one metre east. The applicant has since worked with City Traffic staff and this condition is no longer required. The intent of Section 680.11.15 of the Sign By-law is to ensure that all ground supported signs within an Arterial Commercial Corridor have an address displayed to assist emergency workers in locating the property in the event of an emergency situation. The applicant is proposing a ground supported "Exit Only" sign with no address. The sign is intended to direct traffic flow on the property and is set back from the road at the exit of the bank drive-through. Because of the use that the sign is intended for, staff are of the opinion that this request is minor and will not create complications in emergency situations. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2011, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Ira Needles Developments Limited requesting permission to erect a ground supported sign with the copy "No Exit" that does not contain the address of the property; whereas ground supported signs must contain the address of the property on which they are located, on Part Lot 38, German Company Tract, 455 University Avenue West, Kitchener, Ontario, BE APPROVED. That the owner shall obtain a sign permit for this sign from the City's Planning Division. 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 ADJOURNMENT On motion, the meeting adjourned at 10:44 a. m. Dated at the City of Kitchener this 15th day of February, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment