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HomeMy WebLinkAboutAdjustment - 2013-07-16 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 16, 2013 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Planning Analyst; Mr. D. Pimentel, Traffic Technologist; Ms. J. Billett, Committee Administrator, Ms. D. Saunderson, 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, August 26, 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 2013-002 Applicant: Gurjeet Singh Property Location: 103 Ahrens Street West Legal Description: Part Lot 9, Plan 401 Appearances: In Support: P. Wilson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to alter an existing ground supported sign to be located 1m (3.28’) from the intersection of Victoria Street North and Ahrens Street West rather than the required 23m (75.46’); having a height of 4.7m (15.42’) rather than the permitted 2m (6.57’) and; and having automatic changing copy located 23m (75.46’) from a residential zoned lot on the same street rather than the minimum distance separation of 100m (328.08’). The Committee considered the report of the Planning Division, dated July 8, 2013, advising that the applicant is requesting a minor variance to alter an existing ground supported sign with an existing height of 4.7 metres rather than the permitted 2 metres; to permit automatic changing copy to be located 23 metres from a Residential Zone rather than the minimum separation distance of 100 metres and to be located 1 metre from an intersection rather than the required 23 metres. In regards to the automobile use, staff notes that car repair centres are not permitted under the MU-2 zone but this use can be considered legal non-conforming as it was established under a previous zone which permitted the use. The existing ground supported sign will be altered to incorporate automatic changing copy and the overall size of the sign is not changing. The new sign will allow for better presentation of information to motorists and pedestrians. It is noted that the proposed sign is to be located within close proximity of a parking area. COMMITTEE OF ADJUSTMENT JULY 16, 2013 4 Submission No.: 1. SG 2013-002 (Cont’d) In regards to the variance to the height, the sign was constructed under the previous Sign By- law which permitted ground supported signs up to 7.5 metres in height. Thus the sign height is can be considered legal non-conforming to date but must now be reviewed in light of the changes to the sign box to incorporate automatic changing copy. The variance for the height of the ground supported sign meets the intent of the Sign By-law and can be considered minor for the following reasons. The subject lands are located within a Mixed Use Corridor, the intent of the 2 metre height restriction for ground supported signs is to ensure that the aesthetic appeal of the property and surrounding areas is maintained and a pedestrian-oriented sign is obtained. The sign is not excessively high and can be considered to be oriented for passing vehicular traffic as well as pedestrian traffic. As the sign is located adjacent to a parking area, the clearance of 2.8 metres ensures that the sign does not obstruct vehicular traffic using the site. There have been no concerns expressed to staff in the past in regards to the existing sign and thus it is anticipated that the impact of the proposed sign will be minimal. The variance to reduce the setback required for a sign containing automatic changing copy from a Residential Zone can be considered minor. As the surrounding residential uses are located behind to the southeast of the subject lands, it is anticipated that the automatic changing copy will have little effect on the nearby residential areas. The proposed sign will be located at an angle that ensures it will not be visible to neighbouring residential areas, thus the impact of its appearance on residents should be minimal. The sign will receive most attention from those travelling along Victoria Street, a high traffic corridor with many commercial and service operations. In regards to the variance to reduce the setback of automatic changing copy from an intersection, the addition of automatic changing copy is considered to be compatible with the commercial character of the Victoria Street since it is a Regional road that receives a large volume of vehicular traffic. The sign is to be located 1 metre from the Ahrens Street West/Victoria Street North intersection. Since the portion of Ahrens Street on which the subject lands are located is permitted for single-lane one-way traffic only, there is little vehicular traffic. The only traffic control device utilized at this intersection is a stop sign. Therefore, it can be interpreted that the impact of the proposed sign will create little distraction to motorists. The above noted variances are appropriate for the development and use of the land for the above noted reasons. As noted earlier, the sign is in close proximity to a parking area. As the sign has a clearance of 2.8 metres, it is suggested that the owner consult with our Urban Designer to incorporate either landscaping or a barrier to ensure vehicles maintain a minimum distance of 0.6 metres away from the sign and submit this as a plan along with the Sign permit. This will ensure that tall vehicles do not come in contact with the sign. Lastly, staff note that the location of the vehicle does not meet the minimum 3-metre required setback for parked cars from a lot line abutting a street (Section 6.1.1.1 a) iv), and it is located in a corner visibility triangle which is not permitted (Section 5.3). The owner must ensure that cars are not parked in this area. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 5, 2013, advising that although they have no concerns with this application, at this location, Regional Road #55 (Victoria Street North) has a road allowance width of 26.21. (86ft), as designated in the Region of Waterloo Official Policies Plan (ROPP). The existing road width in this area of Victoria Street North is 20.10m (66ft). Under a future development application (Site Plan, Consent, Plan of Subdivision, or Plan of Condominium) the Region of Waterloo will require a 3.048m (10ft) road dedication across the 7.62m x 7.62m (25ft x 25ft) daylight triangle dedication at the intersection of Victoria Street North and Ahrens Street. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT JULY 16, 2013 5 Submission No.: 1. SG 2013-002 (Cont’d) That the application of Gurjeet Singh requesting permission to alter an existing ground supported sign located 1m (3.28’) from the intersection of Victoria Street North and Ahrens Street West rather than the required 23m (75.46’); having a height of 4.7m (15.42’) rather than the permitted 2m (6.57’); and having automatic changing copy located 23m (75.46’) from a residential zoned lot on the same street rather than the minimum distance separation of 100m BE (328.08’), on Part Lot 9, Plan 401, 103 Ahrens Street West, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a sign permit from the City’s Planning Division for the proposed ground supported signs. 2. That the address of the property shall be included on the sign in accordance with Section 630.11.15. 3. That the owner shall obtain a letter of approval for the sign from Kitchener-Wilmot Hydro. 4. That the owner as part of the Sign Permit application will submit and implement a plan for approval that ensures parking does not occur within 0.6 metre of the subject sign. 5. That conditions 1 to 4 shall be satisfied by October 1, 2013 or this decision shall be considered void. 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 10:04 a.m. th Dated at the City of Kitchener this 16 day of July 2013. Dianna Saunderson Secretary-Treasurer Committee of Adjustment