HomeMy WebLinkAboutAdjustment - 2012-12-11 SGCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD DECEMBER 11, 2012
MEMBERS PRESENT: Messrs. D. Cybalski, A. Head, A. Lise, B. McColl and Ms. J. Meader.
OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst,
Mr. D. Pimentel, Traffic Technologist; Ms. J. Billett, Acting Secretary-
Treasurer and Ms. H. Dyson, Administrative Clerk.
Mr. D. Cybalski, Chair, called this meeting to order at 10:02 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 14, 2013 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 2012-004
Applicant: 1869522 Ontario Limited
Property Location: 1182 Victoria Street North
Legal Description: Part Lot 122, German Company Tract
Appearances:
In Support: K. Mousavi
D. Bender
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for an existing ground
supported sign to have a front yard setback of Om rather than the required 0.4m (1.32') and to
erect a second ground supported sign on the same property having a minimum distance from
the existing ground supported sign of 46m (150.92') rather than the required 50m (164.05').
The Committee considered the report of the Planning Division, dated November 30, 2012,
advising that the variance for the reduced setback of the existing ground supported sign meets
the intent of the Sign By-law and can be considered minor for the following reasons. The
existing sign was constructed in 2000 and a permit was issued at that time (Sign permit
#20758). The sign met the minimum setback requirement when constructed. The intent of the
0.4 m setback is to ensure that ground supported signs are within the subject property lines. In
this case, the Region of Waterloo will be taking land as part of a road widening in front of the
property and as a result the existing sign will be located up to and over the front lot line. There
will remain a distance of approximately 10 metres from the sign to the actual paved portion of
Victoria Street. Staff are of the opinion that this will not negatively impact the streetscape. As
noted by City Traffic and Regional staff below, the sign will not pose a visibility concern for
traffic using the driveway adjacent to the sign.
In regards to the variance for reduced separation distance between ground signs on the same
property, the new sign will be located 46 metres from the existing sign which results in a
deficiency of 4 metres. Staff is of the opinion that this is a small reduction and appropriate for
the size of this commercial/industrial property. It is noted that the proposed sign will meet the
minimum 15 metre separation distance from a ground supported sign on an abutting property.
COMMITTEE OF ADJUSTMENT
Submission No.: SG 2012-004 (Cont'd
DECEMBER 11, 2012
The above noted variances are appropriate for the development and use of the land for the
following reasons. This portion of Victoria Street contains primarily commercial and industrial
uses and high volume of traffic travels along this street. There is multiple commercial/industrial
tenants proposed for this site and as such require adequate and visible signage on this busy
primary arterial road. Staff are of the opinion that both ground supported signs are appropriate
development for both the subject property and surrounding streetscape.
Based on the foregoing, Planning staff recommends that the application be approved subject to
certain conditions as noted in the recommendation section.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
November 23, 2012, advising that although they have no concerns with this application, the
applicant is required to enter into an encroachment agreement for the existing sign
(westernmost). The encroachment agreement is required as part of the road widening
dedication that was requested under Site Plan application SP 12/26/V/ATP; which still needs to
be completed. The sign must be shown as a separate part on the Reference Plan which must
also be created for the road widening dedication.
The Committee considered the report of Kitchener-Wilmot Hydro, dated November 29, 2012,
advising that Ontario Regulation 22/04 establishes safety standards for power lines and
legislates minimum clearances between power lines and signs, buildings or any other objects.
The Electrical Safety Authority has the authority to order the removal of any sign, building or
any other object that is placed closer than the prescribed clearances. The horizontal and
vertical clearances include allowances that vary slightly with the design of the line and must be
determined by the power utility. At this location, a sign of the height proposed in the submission
may not be closer than 3.5 metres from the property line of the proposed 3.Om widening. This
will prevent any conflicts with future pole line rebuild. The Occupational Health and Safety Act
prohibits any worker, a scaffolding or hoisting from approaching within 3.0 metres of a high
voltage wire in a power line. The applicant is responsible for obeying this legislation and may
want to adjust the location of the existing and proposed signs to maintain these clearances and
allow for construction and maintenance.
Daryl Bender and Kevin Mousavi attended in support of the application. In response to
questions, Mr. Bender advised that they have approached the Region in regard to the
encroachment agreement and the Region has indicated they are amenable to entering into an
agreement. In regard to Kitchener-Wilmot Hydro's comments, he advised that they have
confirmed that the signs are not closer than 3.5m to the property line of the proposed 3m
widening and submitted several photographs for illustration.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of 1869522 Ontario Limited requesting permission for an existing ground
supported sign to have a front yard setback of Om rather than the required 0.4m (1.32') and to
erect a second ground supported sign on the same property having a minimum distance from
the existing ground supported sign of 46m (150.92') rather than the required 50m (164.05'), on
Part of Lot 22, German Company Tract, 1182 Victoria Street North, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
That the owner shall enter into an encroachment agreement with the Regional
Municipality of Waterloo for the existing sign.
2. That the owner shall obtain a Sign Permit from the Planning Division for the proposed
new sign.
3. That the owner shall satisfy Conditions 1 and 2 by April 1, 2013 and if not completed as
required, approval of the minor variances in this application shall become null and void.
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.
COMMITTEE OF ADJUSTMENT 10 DECEMBER 11, 2012
Submission No.: SG 2012-004 (ConYd
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 10:05 a. m.
Dated at the City of Kitchener this 11th day of December, 2012.
Janet Billett, AMCT
Acting Secretary-Treasurer
Committee of Adjustment