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HomeMy WebLinkAboutAdjustment - 2011-12-13 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 13, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski, B.McColl, A. Head and A. Lise OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. D. Saunderson, Acting Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and H. Dyson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:03 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 January 16, 2012 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 2011-014 Applicant: Joseph Ward Property Location: 309 Frederick Street Legal Description: Part Lot 2, Plan 197 Appearances: In Support: N. Dart Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of a ground supported sign on a lot having a width of 12.87m (42.22`) rather than the required 15m (49.21`). The Committee considered the report of the Planning Division, dated December 5, 2011, advising that the sign location is on the north side of Frederick Street between Locust Street and Merner Avenue. The property is zoned CR-1 with Special Regulation 114R and Special Use Regulation 128U. Staff advises that the actual location of the new sign will be set back a minimum of 0.4m from property line as opposed to its' current location in the Regional Right of Way. The applicant is requesting a minor variance to legalize a ground supported sign on a lot having a width of 12.87m (42.22') rather than the required 15m (2.95'). The variance meets the intent of the Sign By-law for the following reason; the sign is small in scale and consistent with the Commercial corridor along Frederick Street. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 1, 2011, advising that an Encroachment Agreement with the Region of Waterloo will be required at the cost of the landowner. Mr. N. Dart advised that he is in support of staff's recommendation, and although it is not the applicant's preference to relocate the sign, he is in agreement to relocating it. He requested clarification as to whether there would still be the requirement for an encroachment agreement COMMITTEE OF ADJUSTMENT 27 DECEMBER 13, 2011 Submission No.: SG 2011-014 (Cont'd with the Region of Waterloo if the applicant relocates the sign. Ms. von Westerholt advised that the relocation of the sign would remove the sign from the Regional right-of-way and the encroachment agreement would no longer be required. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Joseph Ward requesting legalization of a ground supported sign on a lot having a width of 12.87m (42.22`) rather than the required 15m (49.21`), on Part Lot 2, Plan 197, 309 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign. 2. That the owner shall relocate the current ground support sign to a minimum of 0.4m from any property line. 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 Chapter 680 (SIGNS) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2011-015 Applicant: T. A. Witzel Limited Property Location: Victoria Street North (adjacent to Shirley Drive) Legal Description: Part Lot 123, German Company Tract Appearances: In Support: E. Villamere Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace a legal non- conforming billboard sign having static copy with a billboard sign of the same size having automatic changing copy in a P-3 zone whereas the Sign By-law does not permit billboard signs in a P-3 zone. The Committee considered the report of the Planning Division, dated December 5, 2011, advising that the sign is located on the south side of Victoria Street North near the Grand River and across from Shirley Drive. The applicant is requesting a minor variance to replace a legal non-conforming billboard sign having a static copy with a billboard sign of the same size having automatic changing copy in a P-3 zone whereas the Sign By-law does not permit billboard signs in a P-3 zone. The variance meets the intent of the Sign By-law for the following reasons. The intent of the regulation prohibiting billboard signs in Park zones is to ensure that commercial advertising does not negatively impact open space land. This sign has existed for many years and is adjacent to a major arterial road. There are no additional signs being proposed so this would remain unchanged. There have been no concerns to date from the public and staff is of the opinion that the sign meets the intent of the by-law. COMMITTEE OF ADJUSTMENT 28 DECEMBER 13, 2011 Submission No.: SG 2011-015 (Cont'd It is noted that this variance is to update the structure and include automatic changing copy which meets set back requirements of the By-law. All other regulations of the Sign By-law are met. During inspection staff noted that there was one other third party (billboard) sign located within approximately 83 metres advertising TA Appliances. The land owner is TA Witzel Limited who owns a store, TA Appliances, at another location on Victoria St North. Staff have consulted with the applicant previously and neither a sign permit nor a minor variance can be located for the TA sign. Staff recommends that the other sign be removed. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 1, 2011, advising that they have no concerns with this application. Mr. B. McColl questioned whether the automatic changing copy billboard would function like a 10 x 20 television screen with constantly changing images. Mr. E. E. Villamere advised that changing copy on the screen will comply with the changing copy requirements of the Sign By- law. He noted that the images will stay on the screen for the required 6 seconds before the image will change. Mr. McColl further advised that there are 5 other billboards in this general vicinity and he noted that he cannot support the variance requested. The Chair noted that there are currently 2 signs on the property; he clarified that the applicant will be required to remove the second billboard sign as a condition of the approval. Mr. E. Villamere advised that he was in support of staff's recommendation and the condition to remove the second billboard sign. Mr. Meader then put forward a motion to approve this application which was voted on and carried with Mr. McColl in opposition. Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of T. A. Witzel Limited requesting permission to replace a legal non- conforming billboard sign having static copy with a billboard sign of the same size having automatic changing copy in a P-3 zone whereas the Sign By-law does not permit billboard signs in a P-3 zone, on Part Lot 123, German Company Tract, Victoria Street North (adjacent to Shirley Drive), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign. 2. That the owner shall remove the non-complying third party (T.A. Appliance) billboard sign prior to receiving 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 Chapter 680 (SIGNS) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 29 DECEMBER 13, 2011 ADJOURNMENT On motion, the meeting adjourned at 10:07 a. m. Dated at the City of Kitchener this 13t" day of December, 2011. Dianna Saunderson Acting Secretary-Treasurer Committee of Adjustment