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HomeMy WebLinkAbout2016-04-19 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 19, 2016 MEMBERS PRESENT: Messr. D. Cybalski, Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:04 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, May 16, 2016 at 7:00 p.m., and the applicant may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS Submission No.: 1. SG 2016-002 Applicant: 707 Ottawa St. S. Holdings Property Location: 707 Ottawa Street South Legal Description: Part Lots 5 & 6, Plan 1022, Part Block L, Plan 1246, being Parts 1 to 3 on Reference Plan 58R-2192 Appearances: In Support: J. Barron Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to remove and re-install a ground-supported sign having a height of 7.887m (25.875’) rather than the permitted maximum height of 7.5m (24.606’); to permit the ground-supported sign to have an area of 23.18 sq.m. (249.507 sq.ft.) rather than the permitted maximum area of 20 sq.m. (215.278 sq.ft.); and, to locate the new ground-supported sign 31m (101.706’) from another ground-supported sign rather than the required 50m (164.041’) separation distance. The Committee considered the report of the Planning Division, dated April 11, 2016, advising the subject property is zoned Service Commercial (C-6) in By-law 85-1 and has an Official Plan (OP) designation of Planned Commercial Campus (current OP) and Commercial Campus (new OP – under appeal). The applicant is requesting permission to remove an existing ground-supported sign and replace it with a larger ground-supported sign having a height of 7.887 metres (25.875 ft.) rather than the permitted maximum height of 7.5 metres (24.606 ft.); to permit the ground-supported sign to have an area of 23.18 sq.m. (248.507 sq.ft.) rather than the permitted maximum area of 20 sq.m. (215.278 ft.); and, to locate the ground-supported sign 31 metres (101.706 ft.) from another ground-supported sign rather than maintaining the required 50 metres (164.041 ft.) separation distance. The variance meets the intent of the Sign By-law and can be considered minor for the following reasons. The intent of the height and area regulations for ground-supported signs is to ensure the signs are appropriately scaled for the subject property and the surrounding streetscape. COMMITTEE OF ADJUSTMENT APRIL 19, 2016 - 5 - Submission No.: 1. SG 2016-002 (Cont’d) The subject lot has an area of approximately 18,271 sq.m. (196,673.8 sq.ft) and frontage along Homer Watson Boulevard of 115 m (379 ft). The applicant is proposing the sign to have a maximum height of 7.887 metres (25.875 ft.) which is only 0.387 (1.27 ft.) higher than permitted and can be considered minor. The sign area exceeds the maximum by 3.18 sq.m. (34.2 sq.ft.). and is a standard sign for this business. Staff has no concerns in regards to the variance for the sign area as it can be considered appropriate for the lot and surrounding area. The intent of the separation distance between ground-supported signs of 50 m (164.41 ft.) is to ensure that ground-supported signs do not dominate the streetscape of a property and the surrounding area. The two ground-supported signs currently exist within 50 m (164.41 ft.) of each other and this may be considered legal non-conforming. The signs are approximately 31 metres (101.7 ft.) apart and this provides a sufficient separation distance to ensure the aesthetics of the streetscape are maintained. Replacing one of the signs does not change the impact on the streetscape and staff is in support of the requested variances. In regards to the setback, the Sign By-law requires a minimum setback from the property line abutting Homer Watson Boulevard of 0.4 metres (1.3 ft.); owever, Kitchener-Wilmot Hydro Inc. has commented that they require a minimum 3.5 metres (11.48 ft) in order to accommodate a safe distance between the proposed taller sign and any potential power lines that may be constructed along this street. Therefore, staff have recommended this setback as requirement in the conditions of approval. Existing Signs: Further to the site visit conducted by staff, it is noted the existing ground sign that is to remain currently located 31 m from the proposed sign does not have the required landscaping around the sign. A sign permit was issued in 1998 for this and two other similar ground signs on the property. These three signs obtained minor variance approval and sign permits. A condition of the Sign Permit was installation of landscaping as approved in the permit documentation. Staff recommends that a condition of this variance include completing the landscaping required for any signs that have not yet had landscaping installed. As well, there is an entrance sign (incidental sign) in excess of 0.9 metres (2.95 ft.). The Sign By-law permits incidental signs, and they do not require a Sign Permit. However, the By-law limits the maximum height of such signs to 0.9 metres (2.95 ft.). Therefore, this sign does not comply and staff recommends that it be re-constructed to comply to the By-law for sign height or that it be removed as a condition of this approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 1, 2016, advising although they have no concerns with this application, they noted under a future development application, the Region of Waterloo would ask for the dedication of the daylight triangle (7.62m x 7.62m) at the corner of Regional Road 04 (Ottawa Street) and Alpine Road. The dedication will not be required at this time. The Committee considered the report of Kitchener-Wilmot Hydro, dated April 5, 2016, advising that Ontario Regulation 22/4 establishes safety standards for power lines and legislates minimum clearances between power lines and signs, buildings or any other objects. The Electrical Safety Authority has the authority to order the removal of any sign, building or any other object that is placed closer than the prescribed clearances. The horizontal and vertical clearances include allowances that vary slightly with the design of the line and must be determined by the power utility. At this location, a sign of the height proposed in the submission may not be closer than 3.5 metres from the property line. This will prevent any conflicts with a future pole line extension. The Occupational Health and Safety Act prohibits any worker, scaffolding or hoisting from approaching within 3.0 metres of a high voltage wire in a power line. The applicant is responsible for obeying this legislation and may want to adjust the location of the sign to maintain these clearances and allow for construction and maintenance. Mr. J. Barron was in attendance in support of the subject application and staff recommendation. Questions were raised regarding adding a condition related to the comments submitted by Kitchener-Wilmot Hydro Inc. The Chair advised Condition 1 outlined in the staff recommendation relates to the comments requested by Hydro. COMMITTEE OF ADJUSTMENT APRIL 19, 2016 - 6 - Submission No.: 1. SG 2016-002 (Cont’d) Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of 707 Ottawa Street South Inc. requesting permission to remove an existing ground-supported sign and re-install a ground-supported sign having a height of 7.887m (25.875’) rather than the permitted maximum height of 7.5m (24.606’); to permit the ground- supported sign to have an area of 23.18 sq.m. (249.507 sq.ft) rather than the permitted maximum area of 20 sq.m. (215.278 sq.ft.); and, to locate the new ground-supported sign 31m (101.706’) from another ground-supported sign rather than the required 50m (164.041’) separation distance, on Part Lots 5 & 6, Plan 1022, Part Block L, Plan 1246, being Parts 1 to 3 on BE APPROVED Reference Plan 58R-2192, 707 Ottawa Street South, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a sign permit for the new ground-supported sign from the Planning Division, which shall include: structural engineered drawings; ensuring that the sign is setback 3.5 m (11.48 ft.) from the property line; and if required, updating or providing Landscape Plans for the sign. 2. That the owner shall obtain a permit from the Ministry of Transportation. 3. That the owner shall fulfil Conditions 1 and 2, as noted above, no later than August 1, 2016. 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. 4. That the owner shall ensure any incidental signs on the property that exceed the maximum height restriction of 0.9 metres (2.95 ft.) shall be brought into compliance with the Sign By- law or shall be removed. 5. That the owner shall install landscaping as shown in the approved Landscaping Plan as outlined in Sign Permit #16403, for the previously installed ground-supported signs; or, the Landscaping Plan/Installation may be updated to the satisfaction of the Urban Designer. 6. That the owner shall ensure Conditions 4 and 5, as noted above, are completed in a timely manner. Failure to comply by August 1, 2016, will result in these items being forwarded to the City’s Enforcement division. 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 10:05 a.m. Dated at the City of Kitchener this 19th day of April, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment