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HomeMy WebLinkAbout2014-10-21 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 21, 2014 MEMBERS PRESENT: Messrs. D. Cybalski and A. Lise and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Pimentel, Traffic Technologist; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:03 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider an application regarding a variance to the City of Kitchener Sign By-law. The Committee will not make a decision on this application 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, November 17, 2014 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 2014-007 Applicant: 1805780 Ontario Limited Property Location: 1268 Victoria Street North Legal Description: Part Lot 122, German Company Tract Appearances: In Support: A. Habibi Contra: N. Tsimprogos Written Submissions: None The Committee was advised that the applicant is requesting permission to install a ground supported sign with a 7.5m (24.606’) distance separation from a sign located on an abutting property rather than the required separation distance of 15m (49.212’). The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the subject property is located near the intersection of Victoria Street North and Natchez Road and is being redeveloped as a tradesman establishment warehouse with one accessory dwelling unit. The zoning is M-3 in By-law 85-1 with an Official Plan designation of Arterial Commercial Corridor. The applicant is requesting a minor variance for permission to install a ground supported sign with a 7.5 metres (24.606 feet) distance separation from a sign located on an abutting property rather than the required separation distance of 15 metres (49.212 feet) of section 680.11.13(a) of the Sign By-law. In considering the requested variance to the Sign By-law, Planning staff offer the following comments. The proposed sign does not meet the required separation distance of 15 metres (49.21 feet) to a sign on an abutting property however, the proposed sign does meet the intent of the Sign By- law. The intent of the 15 metre (49.21 feet) separation distance is to ensure that signage does not dominate the streetscape of the neighbourhood. The streetscape will not be dominated by signage as only one of the abutting properties has a ground supported sign. In addition, the COMMITTEE OF ADJUSTMENT OCTOBER 21, 2014 - 16 - Submission No.: 1.SG 2014-007 (Cont’d) reduced setback of 7.5 metres is appropriate as the proposed location still allows for sizeable separation distance between signs. The location of the proposed sign does not encroach into the Driveway Visibility Triangle (DVT) ensuring that it will not interrupt pedestrian or traffic visibility. Furthermore, the proposed location of the sign will allow the applicant to clearly advertise their services and the location of their business. Staff is of the opinion that reduction of the separation distance for a new ground support sign will not adversely affect the surrounding neighbourhood and is appropriate for the subject property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 2, 2014, advising they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of 1805780 Ontario Limited requesting permission to install a ground supported sign with a 7.5m (24.606’) distance separation from a sign located on an abutting property rather than the required separation distance of 15m (49.212’), on Part Lot 122, German BE APPROVED Company Tract, 1268 Victoria Street North, Kitchener, Ontario, , 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 sign. 2. That the owner shall ensure that the sign complies with all other regulations of the Sign By- law. It is the opinion of this Committee that: 1. The variance approved in this application is 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 Submission No.: 2. SG 2014-008 Applicant: Schleuter Holdings Int. Property Location: 2385 Shirley Drive Legal Description: Part Lot 41, Plan 1677, being Part 2 on Reference Plan 58R-17204 Appearances: In Support: R. Matthews Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a ground supported sign having a height of 8.74m (28.674’) rather than the permitted maximum height of 6.5m (21.325’); and, to locate the sign within the 4.5m (14.763’) Lot line Visibility Triangle having a 0m clearance from grade whereas the By-law requires signs located in the Lot line Visibility Triangle to have a clearance of 2.44m (8.005’). The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the subject property is located on the south side of Shirley Drive near the intersection of Victoria Street North. COMMITTEE OF ADJUSTMENT OCTOBER 21, 2014 - 17 - Submission No.: 2.SG 2014-008 (Cont’d) The applicant is requesting permission to install a ground supported sign having a height of 8.74 metres (28.67 ft) rather than the permitted maximum height of 6.5 metres (21.3 ft) and to locate the sign within the 4.5 metres (14.8 ft) Lot line Visibility triangle having a 0 m clearance from grade whereas the By-law requires signs to be located in the Lot line Visibility triangle to have a clearance of 2.44 metres (8.0 ft). In reviewing the application, staff note that the maximum height restriction for this property is not 6.5 m but is actually 7.5 metres (24.6 ft). The property is actually a consolidation of two original lots, 2375 and 2385 Shirley Drive and therefore the total lot width is approximately 88 metres (289 ft). Based on this frontage, the maximum sign height permitted is 7.5 metres. Therefore, staff recommends that the variance request be amended in regards to the permitted maximum sign height. The applicant has advised that the proposed sign is considered standard signage for other Acura dealerships across North America. In considering the requested variance to the Sign By-law, Planning staff offer the following comments. Regarding the minor variance request to the sign height, staff is of the opinion that the sign meets the intent of the By-law. The intent is to ensure that a ground supported sign does not have a negative impact on the property or surrounding streetscape. The proposed sign exceeds the maximum permitted height by 1.24 metres (4.07 ft), which is not a substantial increase compared to the overall sign height. As noted above, the lot has a frontage of approximately 88 metres and a sign of this size is keeping with the character of the property and commercial use. The area of the sign is 15.6 sq.m. (168 sq.ft) which is less than the maximum permitted sign area of 20 sq.m. (215 sq.ft). Of this sign area, the actual text and graphics cover less than half the sign box area. Staff is of the opinion that the sign is appropriate for the development of the property and surrounding commercial/industrial area. Regarding the request to locate the sign in the 4.5 metre (14.7 ft) Lot line Visibility triangle without having a clearance of 2.44 metres, the intent is to ensure that the sign does not impact visibility for drivers using driveways on abutting properties, as well as ensuring good streetscape design with separation from abutting lot lines. The proposed location shown on the site plan submitted with the application indicates a 1.52 metres (5 ft) setback from the side lot line. As there is sufficient width on the lot to locate the sign a minimum of 4.5 m from the side lot line to meet this regulation, staff is not in support of this variance request. Based on the foregoing, Planning staff recommends that the application be approved as amended, subject to the condition in regards to the sign height. However, staff recommends refusal of the variance request to locate the sign with no clearance in the Lot line Visibility triangle. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 2, 2014, advising they have no concerns with this application. The Chair noted comments in the staff report regarding the maximum height restriction for the property being 7.5 metres (24.6 ft) not 6.5m (21.325’) as advertised. He requested that the variance request be amended to reflect the maximum height restriction as 7.5 metres (24.6 ft). Mr. R. Matthews advised that he was in attendance in support of the application and the staff recommendation to approve the variance for the maximum height and refuse the variance for the location of the sign. He noted that they applied for the variance to locate the sign in the Lot line Visibility Triangle with the assumption that the restriction was applied only to corner lots. He stated that they did not object to the variance being refused and would locate the sign outside of the visibility triangle. He further advised that he was also in agreement with the Chair’s proposed amendment. Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21, 2014 - 18 - Submission No.: 2.SG 2014-008 (Cont’d) That the application of Schlueter Holdings Int. requesting permission to install a ground supported sign within the 4.5m (14.763’) Lot line Visibility Triangle having a 0m clearance from grade whereas the By-law requires signs located in the Lot line Visibility Triangle to have a clearance of 2.44m (8.005’), on Part Lot 41, Plan 1677, being Part 2 on Reference Plan 58R-17204, 2385 BE REFUSED. Shirley Drive, Kitchener, Ontario, - and - That the application of Schlueter Holdings Int. requesting permission to install a ground supported sign having a height of 8.74m (28.674’) rather than the permitted maximum height of 7.5m (24.6’), on Part Lot 41, Plan 1677, being Part 2 on Reference Plan 58R-17204, 2385 Shirley Drive, BE APPROVED Kitchener, Ontario, , 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 sign. 2. That the sign comply with all other regulations of the By-law, including approved Professional Engineer drawings. It is the opinion of this Committee that: 1. The variance approved in this application is 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 10:09 a.m. Dated at the City of Kitchener this 21st day of October, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment