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HomeMy WebLinkAbout2016-12-13 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 13, 2016 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl, Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr. T. Brubacher, Committee Administrator; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:27 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, January 30, 2017 at 7:00 p.m., and the applicant may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2016-007 Applicant: City of Kitchener Property Location: 350 Margaret Avenue Legal Description: Lots 13, 14 & Part Lot 15, Plan 373, Part Lot 2, Plan 338, Lot 49 & Part Lots 1 & 50, Plan 788 and Part Lot 1, Plan 792 Appearances: In Support: J. Campbell Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing ground supported sign having automatic changing copy located 22m from a residential zone rather than the required 100m; and, having 51% of the sign area being changing copy rather than the permitted maximum area of 30%. The Committee considered the report of the Planning Division, dated December 6, 2016, advising the subject property is zoned Open Space Zone (P-2). The portion of the property that the community centre is located in is designated Low Rise Residential in the current Official Plan, and another portion of the property that contains trails as part of Breithaupt Park is designated Open Space. The property is designated Open Space and Natural Heritage Conservation in the new Official Plan (under appeal). The applicant is requesting permission to install a ground-supported sign with automatic changing copy. The applicant is asking for relief from section 680.3.29 of the Sign By-law to allow automatic changing copy on a sign that is located 22 metres from a residentially zoned lot located on the same street rather than the required minimum of 100 metres. The applicant is also seeking relief from section 680.11.19 of the Sign By-law to allow for 51% of the sign area to contain automatic changing copy whereas the By-law permits a maximum of 30%. COMMITTEE OF ADJUSTMENT DECEMBER 13, 2016 - 19 - 1. Submission No.: SG 2016-007 (Cont’d) 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 this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the existing layout of the site contains a buffer in the form of a driveway entrance between the proposed sign location and the closest residential lot. Staff is of the opinion that the proposed distance provided is sufficient. Secondly, the closest residential property contains a dwelling with a greater than required 9.95 metre front yard setback, ensuring that the light cast by the automatic changing copy sign will not reach the front face of the dwelling. Lastly, there is an adequate landscaping buffer between the neighbouring residential property and the subject property in the form of tree cover, which will act as a screen for the sign and any light cast from the sign. The intent of section 680.11.19 of the Sign By-law is to ensure that the total area of a sign that contains automatic changing copy is kept at a reasonable amount and that large, fully digital signs do not dominate streetscapes. However, the proposed sign will only contain 2.11 square metres of sign area containing automatic changing copy. Staff is of the opinion that this amount is minimal and still achieves the intent of section 680.11.19 of the Sign By-law. The sign complies with all other regulations of the Sign By-law. Based on the above comments, staff is of the opinion that the proposed variance to 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 November 23, 2016, advising they have no concerns with this application. Mr. B. McColl expressed some concern with the changing copy and whether there would be any adverse impact on the neighbouring residential property. He acknowledged Condition 2 of the staff recommendation that requires the sign to be turned off in the evening hours, noting he is only in support of the recommendation due to that requirement. Questions were raised regarding the Driveway Visibility Triangle (DVT), Ms. J. von Westerholt noted the applicant is not permitted to install the sign in the DVT and that will be a requirement of the Sign Permit process. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of City of Kitchener requesting permission to replace the existing ground supported sign having automatic changing copy located 22m from a residential zone rather than the required 100m; and, having 51% of the sign area being changing copy rather than the permitted maximum area of 30%, on Lots 13, 14 & Part Lot 15, Plan 373, Part Lot 2, Plan 338, Lot 49 & Part Lots 1 & 50, Plan 788 and Lot 1, Plan 792, 350 Margaret Avenue, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign shall be turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall complete Condition 1 prior to March 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. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. COMMITTEE OF ADJUSTMENT DECEMBER 13, 2016 - 20 - 1. Submission No.: SG 2016-007 (Cont’d) 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 10:28 a.m. Dated at the City of Kitchener this 13th day of December, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment