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HomeMy WebLinkAbout2015-01-20 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 20, 2015 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Pimentel, Traffic and Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:01 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, February 9, 2015 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 2015-001 Applicant: City of Kitchener Property Location: 216 Mill Street Legal Description: Part Lots 2 & 3, Plan 366 Appearances: In Support: J. DeSouza 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 8m (26.246’) from a residential zone rather than the required 100m (328.08’); and to be located 20m (65.616’) from the intersection rather than the required 23m (75.459’). The Committee considered the report of the Planning Division, dated January 7, 2015, advising that the subject property is located at the intersection of Mill Street and Stirling Avenue South and is used as a Community Centre. The zoning is P-1 in By-law 85-1 with an Official Plan designation of Neighbourhood Park. The applicant is requesting a minor variance for permission to construct a ground supported sign housing automatic changing copy to be located 8 metres (26.25 feet) from a residential zone rather than the required separation distance of 100 metres (328.08 feet) and requesting permission to locate the automatic changing copy sign 20 metres (65.61 feet) from an intersection rather than the required 23 metres (75.45 feet) required by 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 is proposing to replace the existing ground supported sign with a ground supported sign housing automatic changing copy at the same location of the existing sign. The proposed ground supported sign will be located 8 metres (26.25 feet) to the nearest residential COMMITTEE OF ADJUSTMENT JANUARY 20, 2015 - 2 - Submission No.: 1.SG 2015-001 (Cont’d) zone. However, the proposed sign does not meet the required separation distance of 100 metres (328.08 feet) 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 opposite side of the street of the subject lands. It is anticipated that the automatic changing copy will have little effect on the nearby residential area. The proposed sign will not directly face the residential properties located on the opposite side of the street and should have minimal impact on these properties. Additionally the sign will have minimal impact on the residential property located on the same side as the subject property. Trees and plant vegetation located on the subject property and the nearby residential property 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 property, thus the impact of its appearance on residents should be minimal. Furthermore, the applicant is proposing to locate the sign 20 metres (65.61 feet) from a street intersection rather than the required 23 metres (75.45 feet). The intent of the 23 metre (75.45 feet) separation distance is to allow a visual buffer between an automatic changing copy sign and a street intersection. A reduced separation distance of 20 metres (202.75 feet) continues to maintain a sizeable visual buffer between the proposed sign location and the intersection and can be considered minor. Traffic staff has no concerns with the location of the sign. Staff is of the opinion that reduction of the separation distance for a new ground supported sign housing automatic changing copy will not adversely affect the street intersection or the surrounding neighbourhood and is appropriate for the subject property. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2014, advising that they have no concerns with this application. Mr. B. McColl expressed concerns with the magnitude of the proposed variances within the subject application. He stated that although no one is in attendance in opposition to the subject application, he requested that the recommendation be amended to include a Condition requiring the applicant to turn off the changing copy portion of the sign between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Ms. J. DeSouza advised that she is in attendance in support of the application, noting that she has no objections to the proposed amendment. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of the City of Kitchener requesting permission to install a ground supported sign having automatic changing copy located 8m (26.246’) from a residential zone rather than the required 100m (328.08’); and to be located 20m (65.616’) from the intersection rather than the BE required 23m (75.459’), on Part Lots 2 & 3, Plan 366, 216 Mill Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division by April 01, 2015. 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 the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. (midnight) and 6:00 a.m. 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. COMMITTEE OF ADJUSTMENT JANUARY 20, 2015 - 3 - Submission No.: 1.SG 2015-001 (Cont’d) 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 2015-002 Applicant: City of Kitchener Property Location: 1035 Ottawa Street North Legal Description: Part Lot 12, Plan 1278 Appearances: In Support: K. Schmalz 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 0m from a residential zone rather than the required 100m (328.08’). The Committee considered the report of the Planning Division, dated January 12, 2015, advising that the subject property is located on the south side of Ottawa Street North and west of River Road East. It is zoned Residential Nine (R-9) in By-law 85-1 and has an Official Plan designation Mixed Use Node. The City of Kitchener Fire Department is updating the ground supported signs accessory to their fire stations to include automatic changing. The Fire Department provides education, prevention and suppression services to the public, as well as charity events, community events and open houses. They wish to add automatic changing copy to the sign in order to provide greater possibilities to continue advertising these functions to the public. As a fire station, the subject property is a Public Service use and is therefore permitted to be located in the Residential Nine (R-9) zone. The lands to the east are also zoned Residential and are developed with multiple dwelling (cluster townhouses). The lands across the street are zoned Commercial. The applicant is requesting permission to install a ground supported sign having automatic changing copy located 0 metres (0 ft) from a residential zone rather than the required 100 metres (328.08 ft). The proposed sign meets all other regulations of the Sign By-law. The intent of the separation distance between residential zones and automatic changing copy on a sign is to ensure that residents are not negatively impacted by the automatic changing copy. The nearest property that has been developed with residences is located to the east of the fire station. The development consists of cluster townhouses which back onto Ottawa Street North and the rear yards are enclosed with a solid wood fence and landscaping. The sign will be approximately 23 metres (75 ft) from a residentially used property. It is staff’s opinion that the proposed sign meets the intent of the Sign By-law as the adjacent residential property has a limited view of the sign. Also, based on the above location of the sign and the buffer of fencing and vegetation provided on the adjacent residential lands, the sign may be considered minor and is appropriate for the development of the subject lands and surrounding streetscape. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2014, advising that they have no concerns with this application. In response to questions regarding the location of the sign, Mr. K. Schmalz advised that they are satisfied with the proposed location of the sign as identified within the application. The Chair requested that the application be amended to include a Condition stating that approval of sign’s location is as per the plan submitted with the application. COMMITTEE OF ADJUSTMENT JANUARY 20, 2015 - 4 - Submission No.: 2.SG 2015-002 (Cont’d) Mr. B. McColl expressed concerns with the distance separation between the sign and the residential zone, noting that the request is similar to the application previously considered by the Committee. He requested that the recommendation be further amended to include a Condition requiring the applicant to turn off the changing copy portion of the sign between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Mr. Schmalz advised that he has no objections to the additional Conditions as proposed by the Committee. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of the City of Kitchener requesting permission to install a ground supported sign having automatic changing copy located 0m from a residential zone rather than the required BE 100m (328.08’), on Part Lot 12, Plan 1278, 1035 Ottawa Street North, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That approval of the proposed sign location shall be as per the plan submitted with Application SG 2015-002. 3. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. (midnight) and 6:00 a.m. 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 10:06 a.m. Dated at the City of Kitchener this 20th day of January, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment