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HomeMy WebLinkAbout2015-08-18 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 18, 2015 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Technologist; Mr. L. Bensason, Coordinator of Cultural Heritage Resources; Ms. S. Parks, Heritage Planner; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:09 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider one 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 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 recommendation will be forwarded to City Council on Monday, September 14, 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 2015-007 Applicant: 1903303 Ontario Ltd. Property Location: 311 Frederick Street Legal Description: Part Lot 1, Plan 197 Appearances: In Support: M. Kruse Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a ground supported sign located 0.3m (0.984’) from the front lot line rather than the required 0.4m (1.312’); and, to have a separation distance of 9.1m (29.855‘) from another ground supported sign on an abutting property rather than the required distance separation of 15m (49.212’). The Committee considered the report of the Planning Division, dated August 6, 2015, advising that the property is zoned Commercial Residential One (CR-1) with special provisions 128U and 114R under By-law 85-1 and has a designation of Low Density Commercial Residential in the in the Central Frederick Secondary Plan of the City’s Official Plan. The property is located at the south-west corner of Frederick Street and Merner Avenue. The applicant is requesting permission to install a ground supported sign located 0.3 metres (0.984 ft) from the front lot line rather than the required 0.4 metres (1.312 ft); and, to have a separation distance of 9.1 metres (29.855 ft) from another ground supported sign on an abutting property rather than the required distance separation of 15 metres (49.212 ft). In considering the minor variances requested, Planning staff offers the following comments: Separation Distance: The intent of the minimum separation distance between signs on abutting properties is to ensure that an adequate distance is provided between signs in order not to negatively impact the streetscape or abutting properties with too many signs. The subject properties located on COMMITTEE OF ADJUSTMENT AUGUST 18, 2015 - 17 - Submission No.: 1. SG 2015-007 (Cont’d) this portion of Frederick Street were originally developed with single detached dwellings and the lot widths are limited by this earlier development. Over the years, the Zoning has changed to commercial residential and many of these properties have been converted to office and/or mixed office-residential uses. The owner wishes to locate a ground supported sign on the lot to better advertise his business. The subject lot is a corner lot and is restricted from putting any ground supported sign in the Corner Visibility Triangle (CVT). The proposed location is just outside the CVT and provides a 9.1 metre setback to the sign on the abutting property. It is noted that the Sign By-law would permit a sign height of 3 metres; however, the applicant has worked with staff for a proposed sign with a height of 1.61 metres (5.2 ft) for the main portion of the sign and an additional 0.21 metres (0.7 ft) for the address (total sign height is 1.82 metres (5.97 ft). This is a more appropriate height for a sign on this street and more in keeping with the character of the streetscape. Staff is of the opinion that the reduced setback meets the intent of the By-law within the confines of the reduced lot widths for the subject property. Staff recommends that a maximum sign height based on the above measurements be a Condition of the variance. Reduced Setback: Staff notes that there are many ground supported signs on this portion of Frederick Street and many have received minor variance approval for reduced setbacks to abutting signs. Depending on the viewpoint of the properties as you walk or drive along Frederick Street, most of the signs may be partially blocked at some point by another sign. In order to reduce the impact on the abutting property sign, staff are not in support of the reduced setback variance as this would negatively impact the abutting sign. Requiring both signs to meet the minimum 0.4 metre (16 inch) setback limits the impact of each sign blocking the other. Regional Comments and CVT: Regional staff has commented that the sign is located within the 7.62 metre (25 ft) CVT. It is noted that the Plan submitted with the application showing the placement of the proposed sign appears to be closer to the lot line and closer to the interior sidewalk than what is actually proposed by the applicant. Staff has used a survey drawing in the file to show the approximate location of the proposed sign and it appears to be outside the CVT. To ensure that this regulation is met, staff have proposed a Condition to ensure the applicant maintains the Regional CVT. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 4, 2015, advising that the existing daylight triangle is deficient in size. The 7.62m daylight triangle is not shown correctly on the Plan submitted with the application. Any future development may require additional daylight triangle. The proposed sign would be located within the 7.62m daylight triangle. Therefore, the sign should be located outside of the 7.62 daylight triangle (from property lines). Mr. M. Kruse was in attendance in support of the subject application. He noted he has been working diligently with staff on the proposed sign and he is in support of the staff recommendation to approve the separation distance and to refuse the front lot line setback. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of 1903303 Ontario Ltd. requesting permission to install a ground supported sign having a separation distance from another ground supported sign on an abutting property of 9.1m (29.855‘) rather than the required distance separation of 15m (49.212’), on Part Lot 1, Plan BE APPROVED 197, 311 Frederick Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall ensure that the maximum height of the sign shall not exceed 1.82 metres (5.97 ft); of which 1.61 metres (5.28 ft) is the main portion of the sign and 0.21 metres (0.69 ft) is the address. 2. That the owner shall submit and receive approval of a Landscape Plan to the satisfaction of the Planning Division. 3. That the owner shall obtain a Sign Permit from the Planning Division. COMMITTEE OF ADJUSTMENT AUGUST 18, 2015 - 18 - Submission No.: 1. SG 2015-007 (Cont’d) 4. That the owner shall ensure that the sign is located outside the 7.62 metre (25 ft) Regional Corner Visibility Triangle (CVT). 5. That the owner shall fulfil the above noted conditions no later than November 1, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to fulfil these conditions will result in this approval becoming null and void. 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. - and further - That the application of 1903303 Ontario Ltd. requesting permission to install a ground supported sign located 0.3 metres (0.984 ft) from the front lot line rather than the required 0.4 metres (1.312 BE REFUSED ft), on Part Lot 1, Plan 197, 311 Frederick Street, Kitchener, Ontario, . It is the opinion of this Committee that: 1. The variances in this application are not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 18th day of August, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment