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HomeMy WebLinkAbout2016-10-18 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 18, 2016 MEMBERS PRESENT: Messrs. D. Cybalski and A. Head and Ms. J. Meader. 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 10:08 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 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 recommendation will be forwarded to City Council on Monday, November 21, 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 2016-005 Applicant: 2112761 Ontario Ltd. Property Location: 1058 Queens Boulevard Legal Description: Part Lot 16, Plan 786, being Part 2 on Reference Plan 58R-3986 Appearances: In Support: T. Gagne Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to alter the existing ground supported sign to have automatic changing copy located 7m from a residential zone rather than the required setback of 100m. The Committee considered the report of the Planning Division, dated October 11, 2016, advising the subject property is zoned Neighbourhood Institutional (I-1), with special use provision 95U. The subject property is designated Low Rise Residential in the current Official Plan, and Low Rise Residential in the new Official Plan (under appeal). The applicant is requesting permission to alter an existing ground supported sign to add automatic changing copy. The applicant is asking for relief from Section 680.3.29 of the Sign By-law to add automatic changing copy to a sign that is located 7 metres from a residentially zoned lot located on the same street rather than the required minimum of 100 metres. The intent of section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of the regulation is to ensure the brightness of the screen does not cause a nuisance by casting light onto residential properties. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 13 - Submission No.: 1.SG 2016-005 (Cont’d) Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the sign does not project directly towards the dwelling on the same side of the street. Secondly, the dwelling on the neighbouring residential property possesses a greater than required 20.05 metre front yard setback, ensuring the light cast by the automatic changing copy sign will not reach the front face of the dwelling. Last, there is an adequate landscaping buffer between the neighbouring residential property and the subject property in the form of hedges and tree cover, which will act as a screen for the sign and any light cast from the sign. The sign complies with all other regulations of the Sign By-law. Based on the above comments, staff is of the opinion that the sign is minor and meets the general intent of the Sign By-law and is appropriate for the lot and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with this application. Mr. T. Gagne was in attendance in support of the subject application and the staff recommendation. The Chair noted, in previous applications considered by the Committee regarding automatic changing copy signs in residential zones, a condition was imposed requiring the owner to turn off the changing copy portion of the sign between the hours of 12:00 a.m. and 6:00 a.m. He requested an amendment to include a similar condition as part of this approval. Mr. Gagne advised that he had no objections to the proposed condition being added, indicating the location of the exiting sign is on an angle from the street and would not adversely impact any of the surrounding residential dwellings. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of 2112761 Ontario Ltd. requesting permission to alter the existing ground supported sign to have automatic changing copy located 7m from a residential zone rather than the required setback of 100m, on Part Lot 16, Plan 786, being Part 2 on Reference Plan 58R- BE APPROVED, 3986, 1058 Queens Boulevard, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure Condition 1 is completed prior to January 1st, 2017. 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 fulfill these conditions will result in this approval becoming null and void. 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. 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 COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 14 - ADJOURNMENT On motion, the meeting adjourned at 10:13 a.m. Dated at the City of Kitchener this 18th day of October, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment