HomeMy WebLinkAboutAdjustment - 2013-06-18 - SG
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JUNE 18, 2013
MEMBERS PRESENT:
Messrs. A. Head and B. McColl and Ms. J. Meader.
OFFICIALS PRESENT:
Ms. J. von Westerholt, Mr. D. Pimentel, Traffic Technologist; Mr. B.
Bateman, Senior Planner; Ms. J. Billett, Acting Secretary-Treasurer, and
Ms. H. Dyson, Administrative Clerk.
Mr. A. Head, Vice-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, June 24, 2013 at 7:00 p.m., and the
applicants may register with the City Clerk to appear at the meeting if desired.
NEW BUSINESS
Submission No.:
1. SG 2013-001
Applicant:
6965083 Canada Inc.
Property Location:
81 York Street
Legal Description:
Part Lot 284, Plan 385, Part Lots 14 and 15, Plan 408,
Part Lot 15, German Company Tract, Streets & Lanes
Closed
Appearances:
In Support: N. Dart
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a ground
supported sign to be located 0m from the lot line abutting York Street rather than setback the
required 3m (9.85’) and to permit 3 signs (one fascia and 2 ground supported) accessory to a
multiple residential use rather than the maximum permitted 2 signs.
The Committee considered the report of the Planning Division, dated June 10, 2013, advising
that the applicant is requesting a minor variance to construct a ground supported sign to be
located 0 metre from the lot line abutting York Street rather than the required 3 metres setback;
and to permit three signs (one fascia and two ground supported) accessory to a multiple
residential use rather than the maximum permitted two signs.
It is noted that the proposed ground supported sign will be partially constructed over the lot line
and onto City lands by 0.8 metres. The applicant has previously inquired into the encroachment
agreement process and there were no concerns from any City department with the
encroachment.
The variance for the reduced setback of the ground supported sign meets the intent of the Sign
By-law and can be considered minor for the following reasons. The intent of the 3 metre
setback from the lot line for ground signs in residential zones is to ensure that the signs do not
have an adverse impact on the streetscape. However, for this property that sign cannot be
placed at the 3 metre setback because of an underground parking garage in that location. The
COMMITTEE OF ADJUSTMENT JUNE 18, 2013
2
Submission No.:
1. SG 2013-001 (Cont’d)
sign needs a minimum base of soil depth to be properly installed and thus must be constructed
away from the parking garage which results in the 0 metre setback. The impact on the
streetscape is minimal as there remains approximately 2 metres of landscaped area between
the lot line and the sidewalk which will provide an adequate buffer to the streetscape.
The variance for the permission of three signs accessory to a multiple residential use can be
considered minor. The sign will be located in approximately the same location as the previously
approved ground supported sign and no concerns have been received to date for the previous
sign. The sign will be utilized to provide property information to motorists and pedestrians on
York Street and there is one other ground supported sign located along Union Boulevard to also
provide direction. The third sign is a fascia sign located above the main entrance stating the
name of the apartment building. A total of three signs are appropriate for the size of this high-
rise building and the lot.
The above noted variances are appropriate for the development and use of the land for the
following reasons. The property where the sign is to be located is in a quiet residential area
located just west of King Street West, thus most pedestrian and vehicular traffic is of local
nature. The size of the proposed sign is appropriate for the area as it will allow for easy legibility
while remaining consistent with the character of the surrounding neighbourhood. Since the
property has a frontage of over 120 metres, having a third sign will ensure that the use and
address of the building are clearly visible.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 5, 2013, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of the 6965083 Canda Inc. requesting permission to construct a ground
supported sign to be located 0m from the lot line abutting York Street rather than setback the
required 3m (9.85’) and to permit 3 signs (one fascia and 2 ground supported) accessory to a
multiple residential use rather than the maximum permitted 2 signs on the same street, on Part
Lot 284, Plan 385, Part Lots 14 and 15, Plan 408, Part Lot 15, German Company Tract, Streets
BE APPROVED
and Lanes Closed, 81 York Street, Kitchener, Ontario, , subject to the following
conditions:
1. That a sign permit shall be obtained from the City’s Planning Division for the proposed
ground supported signs.
2. That an encroachment agreement shall be obtained from the City’s Legal Services.
It is the opinion of this Committee that:
1. 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 10:05 a.m.
th
Dated at the City of Kitchener this 18 day of June 2013.
Janet Billett, AMCT
Acting Secretary-Treasurer
Committee of Adjustment