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HomeMy WebLinkAboutAdjustment - 2011-05-17 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 17, 2011 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. M. Wade, Heritage Planner, Ms. D. Gilchrist, Secretary-Treasurer 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 June 13, 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 2011-008 Applicant: 1813124 Ontario Inc. Property Location: 232 Bleams Road Legal Description: Lot 8, Plan 1482 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect 2 directional ground supported signs to have a distance separation of 9.Om (25.93`) rather than the required 50m (164.04`); and to have no address on the signs, whereas the Sign By-law requires the address to be on these signs. The Committee considered the report of the Planning Division, dated May 9, 2011, advising that the subject lands are zoned Neighbourhood Shopping Centre (C-2) with special provision 94R in By-law 85-1 and are designated Neighbourhood Mixed Use Centre in the Official Plan. The applicant is requesting permission to erect two directional ground supported signs to have a distance separation of 9 metres (25.93 ft) rather than the required 50 m (165.04 ft); and to have no address on the signs, whereas the Sign By-law requires the address to be on these signs. The subject property is located at the northwest corner of Bleams Road and Fallowfield Drive. It is to be developed with a carwash and the applicant is proposing to erect two ground supported signs which will direct carwash patrons to either the manual or automatic car wash lane. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. Neighbourhood Mixed Use Centres are meant to serve as focal points to the surrounding neighbourhood and allow for the mixing of appropriately scaled multiple residential, commercial, and institutional uses. They are primarily meant to serve the day to day needs of area residents. COMMITTEE OF ADJUSTMENT 15 MAY 17, 2011 Submission No.: SG 2011-008 (Cont'd This designation permits a wide range of commercial and institutional uses. The proposed variance for the signs advertising a carwash use meets the intent of the Official Plan. The intent of the separation distance requirement in the Sign By-law is to ensure an aesthetically pleasing streetscape by prohibiting the clustering of ground supported signs. In this case, the signs are small (1.3 metres in height and 0.8 metres in width) and are used for directional purposes within the site. They are not located along the street frontage. Because of this, they will not interfere with the appearance of the streetscape and therefore meet the intent of the By-law. The intent of regulation requiring the address on the sign is to ensure that in an emergency situation emergency workers would be able to easily identify the site by using the address located on any ground supported sign. As the proposed directional signs are located within the site and are not intended to be used as identifiers for the site, the address requirement would not be functional and therefore the variance meets the intent of the By-law. The variance may be considered minor and appropriate development for the use of the land. As noted above, the signs would improve functionality on the site by directing traffic to the appropriate drive lane and reducing confusion among users of the site. The signs will not have a negative impact for the surrounding property owners. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 4, 2011, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 1813124 Ontario Inc. requesting permission for 2 directional ground supported signs to have a distance separation of 9.Om (25.93`) rather than the required 50m (164.04`); and to have no address on the signs, whereas the Sign By-law requires the address to be on these signs, on Lot 8, Plan 1482, 232 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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: 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 ADJOURNMENT On motion, the meeting adjourned at 10:03 a. m. Dated at the City of Kitchener this 17th day of May, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment