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HomeMy WebLinkAboutAdjustment - 2011-04-19 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 19, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. Cybalski and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B. Page, Supervisor, Site Development, Ms. S. Rice, Development Technician, Mr. J. Lewis, Traffic & Parking Analyst, Ms. A. Buitenhuis, Student Planner, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:04 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 May 9, 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 2011-007 Applicant: 839653 Ontario Limited Property Location: 1362 Victoria Street North Legal Description: Part Lot 122, German Company Tract Appearances: In Support: G. Fitz-Henry A. Lutsche Contra: P. Cersner Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a pylon sign 0.4m (1.31') from the front lot line on Victoria Street North located within the lot line visibility triangle. The Committee considered the report of the Planning Division, dated April 6, 2011, advising that applicant is requesting permission to erect a ground supported sign with no minimum clearance to be located within the lot line visibility triangle; whereas the by-law only permits ground supported signs within the lot line visibility triangle if the sign has a minimum clearance of 2.44 metres. The intent of Sign By-law regulation is to ensure that there is no potential for obstruction to visibility for vehicular traffic should a driveway be constructed in the future on abutting property. The lot line visibility triangle is defined as "a triangular area formed within a lot by the intersection of a lot line dividing two lots and a lot line abutting a street or the projections therefore and a straight line connecting them 4.5 metres from their point of intersection". In this case, the abutting property at 1358 Victoria St N does not have an existing or proposed driveway that would be located adjacent to the lot line triangle. As noted on the approved site plan drawing for the property, there are two buildings located at 1358 Victoria Street North and the buildings are accessed by a shared driveway that is located approximately 23 metres from COMMITTEE OF ADJUSTMENT 12 APRIL 19, 2011 Submission No.: SG 2011-007 (Cont'd the proposed sign. As the property at 1358 Victoria Street North contains newly constructed buildings and recently approved site development drawings, there is no concern that a new driveway could be developed. However, there are concerns by staff that the proposed location of the sign would negatively impact the proposed landscaping for the both the subject property and the abutting property. There is a tree proposed for 1358 Victoria Street North that would eventually obscure the sign. As well the proposed sign is in an area that was approved for a tree. Based on the foregoing, Planning staff recommends that the application be deferred in order that the owner's landscape architect may discuss how the approved landscape plan would be impacted by the sign and to consider whether a different size of sign and a different location for the sign would be more appropriate and ultimately supportable to staff. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 4, 2011, advising that they have no concerns with this application. Mr. G. Fitzhenry advised the Committee that he is amending the application to drop the height of the sign to 8', which is below the tree canopy and the sign will be 192" wide. Mr> P. Cersner, 1358 Victoria Street North, spoke in opposition to this application as the proposed sign will block their business from view. He stated that there is already a sign on the property with a blank space available for their use. Mr. B. Page advised the Committee that this property has two municipal addresses, 1362 and 1380 Victoria Street North but there is only 1 property. He stated that the design of the site showed only 1 sign; however, a lower sign is now being proposed which is to be located in the property's sight triangle. He recommended that if the amended application is to be approved, it be conditional on removing the portable sign location and that the landscaping plan be amended. Mr. Page also advised that the existing sign is only partially used. Mr. Fitzhenry stated that the existing sign does not have sufficient space to meet the needs of the new tenant. Mrs. Lutsch, property owner, addressed the Committee advising that her existing tenant wants to use most of the existing sign. Further, she thought that she could put up another sign because of the size of the property. In response to comments from the Committee, Mr. Fitzhenry advised that Source Flooring will occupy an 18,000 sq. ft. building and will have a fascia sign on the building. Further, the fascia sign will be far enough back from the street that it will not be visible to traffic. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 839653 Ontario Limited requesting permission for a ground supported sign having a height of 2.44m (8') and a width of 4.87 m (16') to be located 0.4m (1.31') from the front lot line on Victoria Street North and within the lot line visibility triangle, on Part Lot 122, German Company Tract, 1362 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That there shall be no portable signs permitted on this property. 2. That the owner shall receive approval of an amendment to the approved Landscape Plan for the property to incorporate the proposed ground supported sign and to remove the portable sign location from the property. 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 COMMITTEE OF ADJUSTMENT 13 APRIL 19, 2011 Submission No.: SG 2011-007 (Cont'd 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 10:25 a. m. Dated at the City of Kitchener this 19th day of April, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment