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HomeMy WebLinkAboutAdjustment - 2012-08-21 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 21, 2012 MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst, Ms. J. Billett, Acting Secretary-Treasurer and Ms. A. Gingerich, Administrative Clerk. Mr. A. Head, Vice-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, September 17, 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 2012-003 Applicant: Corporation of the City of Kitchener -Kitchener Public Library Property Location: 85 Queen Street North Legal Description: Lots 1 to 8, Registered Plan 20, designated as Part 2 Irregular on Reference Plan 388 Mr. A. Lise declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he is currently working at the subject site. Appearances: In Support: D. Warne Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground supported sign with automatic changing copy equal to 39.1% of the sign face rather than the permitted 30% and located approximately 20m (65.62') from a residential zoned lot on the same street whereas the by-law does not permit automatic changing copy on a sign within 100m (328.08') of a residential zoned lot on the same street. The Committee considered the report of the Planning Division, dated August 8, 2012, advising that the sign will be located in front of the Kitchener Public Library on 85 Queen Street North. The applicant is requesting relief from Section 680.3.29 in the Municipal Code (Signs By-law), which states that an automatic changing copy on a sign shall not be located within 100 metres of any residentially zoned lot which is located on the same street as the sign. The applicant is also seeking relief from Section 680.11.19 of the by-law, which states that any manual or automatic changing copy component of a ground supported sign shall be limited to 30% of the sign face. The applicant is requesting the relief so that a ground supported sign may be erected approximately 75 metres across the street from 100 Queen Street North, a property that is zoned Residential Nine (R-9) in the Zoning By-law and developed with an 18-storey apartment building. The sign is proposed to be 40% covered in copy. COMMITTEE OF ADJUSTMENT Submission No. SG 2012-003 (Cont'd) AUGUST 21, 2012 The sign will be located near the existing bicycle racks. Bicycle parking will be relocated to a different part of the site as part of the library's renovation project. The variance meets the intent of the Sign By-law. The intent of the setback requirement 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 to residents. Staff is 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 sign is not located directly beside the residential lot. Moreover, because the apartment building is very tall, most residents will not see the sign at eye level from their windows. It is unlikely that residents on the lower floors of the apartment building will be able to see the sign from their windows because there is a considerable number of buildings situated between the sign and the apartment. The intent of the maximum 30% changeable copy area is to minimize distractions along the street and create a uniform streetscape. It is staff's opinion that a 40% changeable copy area is acceptable over the alternative, which is a larger sign area. Based on the foregoing, Planning staff recommends that the application be approved, subject to the condition that the applicant obtains a Sign Permit from the City of Kitchener. Staff notes that the sign is subject to all other regulations of the sign by-law, including Section 680.3.29, which states that automatic changing copy signs shall not contain flashing, intermittent or moving lights; and Section 680.3.31, which requires the sign to be certified in writing by a Lighting Engineer. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2012, advising that they have no concerns with this application. Mr. B. McColl raised concerns with the impact of automatic changing copy to residents in the area and questioned if the applicant would be amenable to turning off the automatic messaging at midnight. Mr. D. Warne commented that properties directly across from the Library are institutional and/or commercial uses. He added that the one residential building in the area, an apartment building at 100 Queen Street South, is not directly in front of the Library, being at a distance of 75m down and across the street with other institutional /commercial buildings located in between helping to screen the sign from the building. Ms. P. Fielding added that the Library would be amenable to giving consideration to turning off the automatic changing copy at midnight. Mr. McColl advised that he did not wish to make it a condition of approval but asked that they do take the matter into consideration. Mr. A. Lise previously declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he is currently working at the subject site. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of the Kitchener Public Library (Corporation of the City of Kitchener) requesting permission to erect a ground supported sign with automatic changing copy equal to 39.1% of the sign face rather than the permitted 30% and located approximately 20m (65.62') from a residential zoned lot on the same street whereas the by-law does not permit automatic changing copy on a sign within 100m (328.08') of a residential zoned lot on the same street, on Lot 1 to Lot 8, Plan 20, designated as Part Lot 2 on Reference Plan 388, 85 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall obtain a sign permit from the City's Planning Division. COMMITTEE OF ADJUSTMENT 7 AUGUST 21, 2012 Submission No. SG 2012-003 (Cont'd) It is the opinion of this Committee that: The variances approved in this application are 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 ADJOURNMENT On motion, the meeting adjourned at 10:10 a.m. Dated at the City of Kitchener this 21st day of August, 2012. Janet Billett Acting Secretary-Treasurer Committee of Adjustment