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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