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HomeMy WebLinkAbout2014-12-09 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 9, 2014 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl, Ms. J. Meader and Ms. P. Kholi. 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 10:02 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider two applications regarding variances to the City of Kitchener Sign By-law. The Committee will not make decisions on these applications but rather will make recommendations which will be forwarded to the Committee of the Whole and Council for final decisions. 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, December 15, 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 2014-010 Applicant: Calvin Presbyterian Church Property Location: 248 Westmount Road East Legal Description: Lot 195 to 199, 201 to 204 and Part Lot 200, Plan 883 Appearances: In Support: G. Fitz-Henry F. Thompson D. Mitchell Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a ground supported sign having automatic changing copy located 61.8m (202.76’) from a residential zone rather than the required 100m (328.08’). The Committee considered the report of the Planning Division, dated November 26, 2014, advising that the subject property is located near the intersection of Westmount Road East and Village Road and is used as a Religious Institution. The Zoning is I-1 in By-law 85-1 with an Official Plan designation of Low Rise Residential. The applicant is requesting a minor variance for permission to construct a ground supported sign housing automatic changing copy to be located 61.8 metres (202.75 feet) from a residential zone rather than the required separation distance of 100 metres (328.08 feet) of section 680.3.29 of the Sign By-law. In considering the requested variance to the Sign By-law, Planning staff offer the following comments. The applicant’s previous ground supported sign was damaged and has now been removed. The applicant is proposing to replace it with a ground supported sign housing automatic COMMITTEE OF ADJUSTMENT DECEMBER 9, 2014 - 22 - Submission No.: 1.SG 2014-010 (Cont’d) changing copy located 61.8 metres (202.75’) to the nearest residential zone. However, the proposed sign does not meet the required separation distance of 100 metres (328.08’) to a residentially zoned area. The variance to reduce the setback required for a sign containing automatic changing copy from a Residential Zone can be considered minor. The nearest residentially zoned area is located on the same side of the street of the subject lands; however, it is anticipated that the automatic changing copy will have little effect on the nearby residential area. The trees and plant vegetation located on the subject property and the nearby residential properties will provide a visual buffer between the proposed sign and the residential zone. The proposed sign will be located at an angle that ensures it will not be directly visible to the neighbouring residential area, thus the impact of its appearance on residents should be minimal. Furthermore, the intent of the 100 metre (328.08’) separation distance is to allow a visual buffer between an automatic changing copy sign and residential area. A reduced separation distance of 61.8 metres (202.75’) continues to maintain a sizeable visual buffer between the proposed sign location and the residentially zoned area. Staff is of the opinion that reduction of the separation distance for a new ground support sign housing automatic changing copy 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 November 24, 2014, advising that they have no concerns with this application. The Chair noted comments from the City’s Transportation Services advising that they have no objection to the proposed sign pending the applicant maintains the Driveway Visibility Triangle (DVT). He requested that the recommendation be amended to include a Condition requiring the applicant to maintain the DVT. Ms. J. VonWesterholt requested an amendment to Condition 1 of the staff report, regarding a sign permit, noting that the date should be reflected as February 28, 2015 rather than February 28, 2014. Messrs. G. Fitz-Henry, F. Thompson and D. Mitchell were in attendance in support of the subject application and the staff recommendation, including the proposed amendments. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of the Calvin Presbyterian Church requesting permission to install a ground supported sign having automatic changing copy located 61.8m (202.76’) from a residential rather than the required 100m (328.08’), on Lot 195 to 199, 201 to 204 and Part Lot 200, Plan 883, 248 BE APPROVED Westmount Road East, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a sign permit from the City’s Planning Division by February 28, 2015 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. 3. That the owner shall ensure that 4.57m (14.993’) driveway visibility triangle is maintained. 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 COMMITTEE OF ADJUSTMENT DECEMBER 9, 2014 - 23 - Submission No.: 2. SG 2014-011 Applicant: Muslim Association of Canada Property Location: 1017 Victoria Street North Legal Description: Lot 7 and Part Lots 4 and 5, Plan 971 Appearances: In Support: M. Kaplani Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing ground supported sign located 0m from the front lot line rather than the required 0.4m (1.31’). The Committee considered the report of the Planning Division, dated November 26, 2014, advising that the subject property is located between the intersections of Victoria Street North and Turner Avenue, and Victoria Street North and Frederick Street. The property is developed as a commercial building. The Zoning is C-6 in By-law 85-1 with an Official Plan designation of Arterial Commercial Core. The applicant is requesting a minor variance to legalize an existing ground supported sign located 0 metres from the front lot line rather than the required 0.4 metres (1.31’) separation distance as outlined in section 680.8.4 of the Sign By-law. In considering the requested variance to the Sign By-law, Planning staff offers the following comments. The intent of the 0.4 metre (1.31’) setback in the Sign By-law is to ensure that ground supported signs are within the subject property lines. In this case, the sign is existing and was built 0 metres from the lot line with part of the sign base encroaching onto Regional Property. The applicant will be required to register an encroachment agreement with the Region of Waterloo. Although the sign is located 0 metres from the lot line there, remains a distance of approximately 9 metres (29.52’) from the sign to the actual paved portion of Victoria Street. Staff is of the opinion that this will not negatively impact the streetscape. As noted by City Traffic staff below, the existing sign does not pose a visibility concern for traffic. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 26, 2014, advising that the owner has been notified by the Region of Waterloo, under a previous Site Plan (SP 13/010/V/SRM), that the existing sign and sign foundation encroach onto the Regional Road 55 (Victoria Street North) right-of-way. Region of Waterloo staff informed the owner that the existing sign and sign foundation can either be moved onto private property or an encroachment agreement for the sign & sign foundation between the Region of Waterloo and the landowner can be entered into. A draft copy of a Reference Plan showing the sign & sign foundation encroachment has been received and reviewed by Region of Waterloo staff, but nothing further has been received since. This Site Plan condition is still outstanding and must be cleared. Since this Sign Variance is for the sign in question, the Region of Waterloo will require that the encroachment agreement completion be a condition of the Sign Variance. The Chair noted the comments from the City’s Transportation Services advising that they have no objection to the proposed sign pending the applicant maintains the Driveway Visibility Triangle (DVT). He requested that the recommendation be amended to include a condition requiring the applicant to maintain the DVT. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of the Muslim Association of Canada requesting permission to legalize an existing ground supported sign located 0m from the front lot line rather than the required 0.4m (1.31’), on Lot 7 and Part Lots 4 and 5, Plan 971, 1017 Victoria Street North, Kitchener, Ontario, BE APPROVED , subject to the following conditions: COMMITTEE OF ADJUSTMENT DECEMBER 9, 2014 - 24 - Submission No.: 2.SG 2014-011 (Cont’d) 1. That the owner shall obtain a sign permit from the City’s Planning Division by February 28, 2015 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. 3. That the owner shall ensure that an encroachment agreement is registered with the Region of Waterloo. 4. That the owner shall ensure that 4.57m (14.993’) driveway visibility triangle is maintained. 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 10:04 a.m. Dated at the City of Kitchener this 9th day of December, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment