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HomeMy WebLinkAbout2017-06-20 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 20, 2017 MEMBERS PRESENT: Messrs. A. Head and B. McColl 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. A. Head, Vice-Chair, called this meeting to order at 10:03 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider six applications regarding variances to the City of Kitchener Sign By-law. The Committee will not make a decision on these applications 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 recommendations will be forwarded to City Council on Monday, June 26, 2017 at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2017-002 Applicant: Max Becker Enterprises Ltd. and RBJ Schlegel Land Development Ltd. Property Location: 1111 Westmount Road East Legal Description: Part Block 2, Registered Plan 58M-234, Reserve Block 12, Registered Plan 58M-78, being Parts 1-3 & 10-15 on Reference Plan 58R-17845 Appearances: In Support: A. Vandersluis Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to install a ground- supported pylon sign having a maximum sign area of 22 sq.m. rather than the maximum permitted area of 20 sq.m.; a height of 8m rather than the permitted 7.5m; and, to have non- accessory third party advertising whereas the By-law does not permit non-accessory third party advertising. The Committee considered the report of the Planning Division dated June 5, 2017, advising the subject property is located north of the intersection of Westmount Road East and Fischer Hallman Road. The subject lands are currently vacant and form part and parcel of the master planned ‘Williamsburg Town Centre’. The zoning is Arterial Commercial Zone (C-6) in Zoning By-law 85-1 with an Official Plan designation of Commercial. The applicant is requesting relief from Sections 680.11.5 and 680.3.32(c) of the City of Kitchener Sign By-law to permit a pylon sign with a sign height of 8 metres (26.24 ft) rather than the maximum permitted 7.5 metres (24.6 ft); a sign area of 22 square metres (236.8 sq.ft) rather than the maximum permitted 20 square metres (215.28 sq.ft); and to permit the sign to contain non-accessory (third party) advertising for tenants in the ‘Williamsburg Town Centre’, specifically those at 1170 Fischer-Hallman Road, whereas the Sign By-law does not permit non-accessory (third party) signage. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 5 - 1. Submission No.: SG 2017-002 (Cont’d) In considering the requested variances to the City of Kitchener Sign By-law, Planning staff offers the following comments. Although the proposed sign exceeds the maximum height and area requirements, it is only marginally larger than what is permitted. The proposed size is in keeping with the large area of lands covered by the adjacent commercial plaza and commercial properties associated with the development. The dimensions of the proposed sign are in keeping with, and complement, the existing signs at 1187 Fischer-Hallman Road, 1191 Fischer-Hallman Road, and 1170 Fischer- Hallman Road, which were all granted minor variance approval previously and are located on the neighbouring commercial lands. In regards to the non-accessory advertising, it is noted the sign is located on lands that are integrated into the development known as ‘Williamsburg Town Centre’. The pylon signs located at 1191 Fischer-Hallman Road and 1170 Fischer-Hallman Road that have previously been granted approval by the Committee of Adjustment also contain non-accessory signage. The effect of the minor variances for sign height, sign area, and non-accessory advertising can be considered minor. The sign will continue the theme and signature feature established in the ‘Williamsburg Town Centre’; and therefore, will not be detrimental to the streetscape. The general intent of the Sign By-law is being maintained while having little impact on the surrounding properties. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising although they have no concerns with this application, they noted the sign, including the foundation, must be totally located on private property. Mr. A. Vandersluis was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the existing pylon sign is intended to be removed. Mr. B. McColl expressed concerns that the staff recommendation would not prohibit the applicant from advertising businesses not located within the Williamsburg Town Centre. He requested, and it was agreed, a condition be included in the Committee’s decision to restrict non-accessory third-party advertising to businesses/tenants of the Williamsburg Town Centre municipally addressed as 1170, 1187, 1191 and 1188 Westmount Road East and 325 Max Becker Drive. Ms. J. Meader requested an additional condition be included as part of the Committee’s decision to require removal of the existing pylon sign prior to installing the new ground- supported sign. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Max Becker Enterprises Ltd. and RBJ Schlegel Land Development Ltd. requesting permission to install a ground-supported pylon sign having a maximum sign area of 22 sq.m. rather than the maximum permitted area of 20 sq.m.; a height of 8m rather than the permitted 7.5m; and, to have non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising, on Part Block 2, Registered Plan 58M-234, Reserve Block 12, Registered Plan 58M-78, being Parts 1-3 & 10-15 on Reference Plan 58R- 17845, 1111 Westmount Road East, 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 third party advertising permitted on the sign is only to be utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as 1170, 1187, 1191 and 1188 Westmount Road East and 325 Max Becker Drive. 3. That the owner shall remove the existing pylon sign located on the subject property adjacent to Westmount Road East prior to installation of the ground-supported pylon sign. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 6 - 1. Submission No.: SG 2017-002 (Cont’d) 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 2. Submission No.: SG 2017-003 Applicant: Bozena Sikorski Property Location: 313 Highland Road West Legal Description: Part Lots 4 & 5, Plan 781 Appearances: In Support: B. Sikorski Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing ground-supported sign having automatic changing copy on a lot having a width of 14.4m rather than the required 15m; having a sign area of 3.69 sq.m. rather than the permitted maximum 3 sq.m.; a setback from the street line of 0.76m rather than the required 3m; and, to be located 0m from a residential zone rather than the required 100m setback. The Committee considered the report of the Planning Division dated June 13, 2017, advising the subject property is zoned Residential Five Zone (R-5) with special regulation provision 572R and special use provision 415U in the Zoning By-law. The applicant is requesting permission of the following variances: 1. to legalize an existing ground-supported sign with automatic changing copy on a lot having a width of 14.4 metres rather than the required 15 metres; 2. having a sign area of 3.69 square metres rather than the permitted maximum 3 square metres; 3. a setback from the street line of 0.76 metres rather than the required 3 metres and; 4. to be located 0 metres from a residential zone rather than the required 100 metre setback. Variance 1: The intent of the minimum lot width regulation is to ensure that signs do not dominate the streetscape, and to ensure that lots containing a ground supported sign allow enough space to accommodate a sign. At 14.4 metres, the lot meets the intent of the By-law and Staff considers the requested variance to be minor. Variance 2: The intent of the regulation that restricts sign area to 3 square metres in residential zones is to ensure that signs do not dominate the streetscape in residential areas, and to preserve the residential character of the neighbourhood. The requested variance of 3.69 square metres of sign area meets the intent of the By-law and is appropriate for the surrounding neighbourhood because the subject property is located on a Regional Road in the vicinity of several other businesses with ground-supported signs of similar size. The requested variance can be considered minor as it is less than 1 square metre more than permitted. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 7 - 2. Submission No.: SG 2017-003 (Cont’d) Variance 3: The intent of the setback regulation for ground-supported signs in residential zones is to ensure that signs are located at an adequate distance from the sidewalk and the public realm so as to not disrupt the pedestrian experience. Staff believes that a sign of this size that is located 0.76 metres from the property line would not disrupt the pedestrian experience if it did not contain automatic changing copy. However, because the sign contains 2 faces of automatic changing copy that face oncoming pedestrian traffic, the sign does have a negative effect on the pedestrian experience. Additionally, it is noted that the sign is currently located within the Driveway Visibility Triangle (DVT) of the subject property due to an interlocking brick driveway widening that was installed in an area intended for landscaping as per the approved site plan. Therefore, the requested variance does not meet the intent of the By-law. Variance 4: The intent of the setback regulation for automatic changing copy signs 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 copy 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. The requested variance does not meet the intent of the By-law as the 2 faces of automatic changing copy on the sign project directly towards abutting residentially zoned lots on either side of the subject property. The committee should note that the style of automatic changing copy is a full-colour screen similar to a television, and therefore projects a significant amount of light and brightness towards the abutting residential properties. Staff is of the opinion that the requested variance does not meet the intent of the Sign By-law. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Ms. B. Sikorski addressed the Committee in support of the subject application. She indicated she is in opposition to the staff recommendation to refuse variances 3 and 4 related to setback of the sign and the automatic changing copy. She stated in her opinion, there are a number of reasons why her sign should be approved, including: her property and the surrounding properties are all Zoned residential and have been converted to a commercial use, so there are no residential properties in the immediate vicinity of the subject sign; other signs currently exist in close proximity that are similar in nature to the one that in place on the subject property; the property across the street is a commercial plaza with similar types of signage; the subject property is located on a busy street, and for safety purposes the location of the sign provides drivers advanced warning that they are approaching the business; and, she was recently notified the City is undertaking a review of the Zoning on Highland Road West and the current intention of the Zoning review is to change the Zoning for the corridor to Commercial rather than Residential. She further advised in her opinion, there is a safety component of the sign in its current location, noting drivers are able to see it when approaching rather than being distracted by looking left and right. She stated she has widened the driveway to allow for a waiting area on the subject property, which allows cars to ingress and egress without backing up on to Highland Road West. Ms. Sikorski expressed concerns that removing or relocating the sign would adversely impact the success of her business as customers are not able to locate the property easily when driving down Highland Road West. She further advised, following previous discussions with City Staff regarding the sign, she has already adjusted the static reception to change every 10 to 12 seconds. She noted it would be her preference to maintain the sign in its current condition and location. In response to questions, Ms. J. von Westerholt advised she could not confirm what has brought the application before the Committee this date. She noted it is possibile the City received a compliant regarding the sign, which would have caused staff to review its compliance. Ms. J. Meader noted she was not in support of the staff recommendation to refuse variances 3 and 4, noting in her opinion the subject property is located in an area on Highland Road West having a commercial presence. She questioned the relevance of requesting an updated Site COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 8 - 2. Submission No.: SG 2017-003 (Cont’d) Plan through this application, noting the request relates more towards Zoning. Ms. Von Westerholt noted in many cases when applicants are seeking relief from a By-law, staff review existing conditions to address whether the site is conforming with other requirements within the By-law and will seek conditions to remedy anything not being in compliance. Questions were raised regarding the interlocking brick driveway and whether the applicant also requires a minor variance application to legalize that portion of driveway. Mr. D. Seller advised the approved Site Plan for the subject property does not provide for an additional parking space at the front of the property, and although the applicant mentioned the interlocking stone being used as a lay-by, he stated he has evidence that it is being used for parking. He indicated if the applicant pursued a minor variance application to legalize the interlocking driveway as a parking space, Transportation Planning staff would not be able to support the signs’ existing location as it would then be located within the DVT. In response to questions regarding legalizing the existing interlocking brick driveway, Ms. Sikorski stated she was not willing to pursue a minor variance application to legalize the interlocking driveway. She indicated Highland Road West is a major arterial road and the intention of that portion of the driveway is to provide a location for multiple vehicles to enter and exit the subject property simultaneously. She stated she went through an onerous and costly process to legalize the four parking spaces at the rear of the subject property and she was not willing to pursue a further approval. She stated she had spoken to City staff and was willing to implement a solution that would prohibit people’s ability to park on the interlocking stone. Questions were raised regarding the Comprehensive Review of the Zoning By-Law (CRoZBY) and whether it was the City’s intention to change the Zoning on the subject property to Commercial. Ms. von Westerholt noted she is not directly involved in CRoZBY and would not be able to confirm the future Zoning for the property. She noted staff need to consider the By- laws currently in effect for the subject property and cannot factor in what the property may potentially be Zoned in the future. The Chair noted his concerns with the subject application related to pedestrian safety and the sign potentially being located in the DVT due to the interlocking brick driveway and vehicles using it for ingress and egress for the subject property. Mr. B. McColl advised he was in support of the staff recommendation. He indicated he would be willing to support variances 1 and 2 outlined in the staff recommendation; however, he would not support a variance to approve a setback for a changing copy sign 0m from a residential zone rather than the required 100m, noting in his opinion, that was not minor in nature. The Chair reiterated concerns regarding the DVT and the signs’ current location. Ms. Sikorski advised she was not in opposition to installing planters over the interlocking stone to prevent people from parking in that location. Mr. Seller expressed concerns with the use of planters, indicating planters can be moved easily and depending on the type of plant, visibility may also be restricted within the DVT. He further advised through Condition 7 outlined in the recommendation, staff would work with the applicant to update the Site Plan for the subject property. In response to questions, Ms. Sikorski advised she currently employed 3 people at the subject property and if she was required to revise the parking on-site, thereby possibly reducing the number of parking spaces, she would be required to relocate or let go some of the employees currently working at the subject location. The Chair stated concerns with the deliberation process and requested a short recess to deliberate further on possible options to dispense with the subject application. That as provided by the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, the Committee recessed at 10:30 a.m. and reconvened at 10:48 a.m., with all members present, Chaired by Mr. A. Head. The Chair suggested two possible options the applicant may wish to consider, which include: removing a portion of the interlocking brick driveway and reinstate landscaping, which would COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 9 - 2. Submission No.: SG 2017-003 (Cont’d) remove the sign from the DVT; or, install decorative permanent fixtures, such as armor stone as a possible option to ensure the interlocking brick driveway is decommissioned to parking. Ms. Sikorski stated she would be amenable to the second option and would be willing to work with staff to install permanent fixtures on the interlocking brick driveway if she was able to maintain the existing sign in its current location. Mr. B. McColl brought forward a motion to approve variances 1 and 2 as outlined in the staff recommendation, with an amendment to decommission the interlocking brick driveway to prevent parking and remove the changing copy portion of the sign, which was not considered as it failed to receive a seconder. Ms. J. Meader brought forward a motion to approve all four variances as requested, with an amendment to Condition 4 requiring the owner to ensure the interlocking brick driveway is decommissioned for parking to the satisfaction of the Director of Transportation Services and City’s Urban Designer, which was seconded by Mr. B. McColl. It was suggested, and agreed, that the deadline indicated in Condition 8 be amended to indicate November 30, 2017 to allow for sufficient time for the applicant to complete all the conditions outlined in the motion. Ms. Meader’s motion was then voted on and Carried with Mr. B. McColl voting in opposition. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Bozena Sikorski requesting permission to legalize an existing ground- supported sign having automatic changing copy on a lot having a width of 14.4m rather than the required 15m; having a sign area of 3.69 sq.m. rather than the permitted maximum 3 sq.m.; a setback from the street line of 0.76m rather than the required 3m; and, to be located 0m from a residential zone rather than the required 100m setback, on Part Lots 4 & 5, Plan 781, 313 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the property address number is added to the sign as per Section 680.11.15 of the Sign By-law. 2. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 4. That the owner shall ensure the interlocking brick driveway is decommissioned for parking to satisfaction of the Director of Transportation Services and City’s Urban Designer. 5. That the owner shall ensure the window sign containing automatic changing copy is removed. 6. That the owner shall ensure the sign permit is updated to reflect alterations made. 7. That the owner shall ensure the site plan is updated to include landscaping changes related to the interlocking brick driveway. 8. That the owner shall complete Conditions 1 to 7 above prior to November 30, 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. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 10 - 2. Submission No.: SG 2017-003 (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 3. Submission No.: SG 2017-004 Applicant: 2417818 Ontario Inc. Property Location: 1458 Weber Street East Legal Description: Lots 164-166 and Part Lots 151, 152, 159, 160, 167 & 168, Plan 308 Appearances: In Support: R. Zablocki Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing sign painted on the exterior of a building whereas the By-law does not permit signs to be painted on buildings. The Committee considered the report of the Planning Division dated June 5, 2017, advising the subject property is located at the intersection of Weber Street East and Kinzie Avenue and is developed as the Fork and Cork Grill restaurant. The zoning is Arterial Commercial Zone (C-6) in Zoning By-law 85-1 with an Official Plan designation of Commercial. The applicant is requesting a minor variance for permission to legalize an existing sign painted on the building, whereas section 680.3.14 of the City of Kitchener Sign By-law does not permit signs to be painted on buildings. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. Section 680.3.14 of the Sign By-law prohibits signs from being painted on buildings. The intent of this regulation is to prevent businesses from having signs painted on the walls of their buildings that cannot be easily maintained, removed or replaced. However, the sign has existed for six months and it fits with the colour scheme of the building so as to minimize distraction. It can also be easily painted over in the event a new business occupies the building. The applicant had the sign painted with a high grade UV exterior paint which will allow the sign’s facade to last longer than if it were designed as a vinyl sign. The UV paint will allow the sign to maintain the quality workmanship and will require very minimal maintenance. Staff is of the opinion that the wall-painted sign will not adversely affect the surrounding neighbourhood, contributes to the streetscape, identifies the business from Weber Street East, and will require minimal upkeep, therefore making the wall-painted sign appropriate for the subject property. Based on the above comments, Planning staff is of the opinion that the proposed variance to legalize an existing sign is minor, meets the general intent of the Sign By-law, and is appropriate for the subject property and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Mr. R. Zablocki was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 11 - 3. Submission No.: SG 2017-004 (Cont’d) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2417818 Ontario Inc. requesting permission to legalize an existing sign painted on the exterior of a building whereas the By-law does not permit signs to be painted on buildings, on Lots 164-166 and Part Lots 151, 152, 159, 160, 167 & 168, Plan 308, 1458 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the Planning Division. 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 4. Submission No.: SG 2017-005 Applicant: Saunders and Mandalfino Medicine Property Location: 723 King Street West Legal Description: Part Lots 41, 42 & 30, Plan 377 Appearances: In Support: A. Plaza Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to remove and replace a ground-supported sign having a height of 2.85m rather than the permitted maximum 2m; and; a separation distance of 8.5m from another ground-supported sign rather than the required separation distance of 15m. The Committee considered the report of the Planning Division dated June 13, 2017, advising the subject property is zoned High Intensity Mixed Use Corridor Zone (MU-3), with special regulation provision 158R. The applicant is requesting relief from section 680.11.6 of the Sign By-law to re-install a ground- supported sign in a mixed use corridor with a height of 2.85 metres rather than the maximum permitted height of 2 metres. The applicant is also requesting relief from section 680.11.13 to allow the sign to be located 8.5 metres from a ground supported sign on an abutting property rather than the required 15 metres. The sign was temporarily removed to accommodate Regional LRT construction on King Street West and is proposed to be returned to its approximate original location. The intent of the regulation that restricts ground-supported signs to a maximum height of 2 metres within a mixed use corridor is to create a more pedestrian-friendly environment by requiring signs to be at a human scale. Walking alongside very tall signs can be intimidating or uncomfortable for pedestrians, and large signs have the potential to contribute to a negative pedestrian experience. Staff is of the opinion that the proposed sign is not excessively large and will not pose a negative contribution to the pedestrian experience, and therefore meets the intent of the Sign By-law. The surrounding neighbourhood contains ground-supported signs of similar height and scale, and staff is of the opinion that the sign will be compatible with the surrounding area. The requested variance of 0.85 metres will not represent a drastic increase in height and can be considered minor. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 12 - 4. Submission No.: SG 2017-005 (Cont’d) Based on the above comments, staff is of the opinion that the requested variance 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 June 5, 2017, advising both proposed signs would encroach into future Regional right-of-way based on 26.213m designated (23.5m existing) road width for King Street West. Therefore, it is recommended that both signs, including foundation, be offset a minimum of 1.76m (1.36+0.4 setback) from the current property line. This would avoid relocation of the signs at owners’ cost in future. Mr. Adolfo Plaza was in attendance in support of the subject application and staff recommendation. In response to questions, he indicated currently there is 1 sign on the subject property. He noted in response to the comments made by the Region of Waterloo, the sign would need to be re-located to comply with the request. The Chair noted the comments from the Region of Waterloo and requested a condition be added to state the sign, including foundation, be offset a minimum of 1.75m from the current property line. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Saunders and Mandalfino Medicine requesting permission to remove and replace a ground-supported sign having a height of 2.85m rather than the permitted maximum 2m; and; a separation distance of 8.5m from another ground-supported sign rather than the required separation distance of 15m, on Part Lots 41, 42 & 30, Plan 377, 723 King Street West, 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 sign is located outside of the Driveway Visibility Triangle (DVT). 3. That the owner shall locate the sign, including foundation, a minimum of 1.76m from the current property line. 4. That Condition 1 shall be completed prior to September 30th, 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. 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 5. Submission No.: SG 2017-006 Applicant: Max Becker Enterprises Ltd. Property Location: 1170 Fischer Hallman Road Legal Description: Part Block 2, Registered Plan 58M-234, Part Reserve Block 12, Registered Plan 58M-78, being Parts 4 to 9 on Reference Plan 58R- 17845 Appearances: In Support: A. Vandersluis COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 13 - 5. Submission No.: SG 2017-006 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing ground- supported sign to have non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising. The Committee considered the report of the Planning Division dated June 9, 2017, advising the subject property is zoned Arterial Commercial Zone (C-6) and is designated Commercial in the Official Plan. The applicant is asking for relief from section 680.3.32 of the Sign By-law to permit a sign located at 1170 Fischer Hallman Road to contain non-accessory advertising for a multi-tenant building located at 1111 Westmount Road East. The property located at 1111 Westmount Road was severed from 1170 Fischer Hallman Road in 2002 and until recently had remained vacant. The owner is currently developing 1111 Westmount Road and now would like to expand the scope of the third-party advertising on the sign located at 1170 Fischer Hallman Road. The existing sign located at 1170 Fischer Hallman Road has previously been granted minor variance approval in 2006 by the Committee of Adjustment (Application SG 2006-017) to allow non-accessory advertising for the adjacent properties located at 325 Max Becker Drive and 1187 Fisher Hallman Road. 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 June 5, 2017, advising they have no concerns with this application. Mr. A. Vandersluis was in attendance in support of the subject application and staff recommendation. The Chair noted this application is similar to the variance requested in Sign Application SG 2017-002 as the subject property is also located in the Williamsburg Town Centre. He requested a condition be added to restrict non-accessory third-party advertising to the businesses/tenants located in the Town Centre. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Max Becker Enterprises Ltd. requesting permission for an existing ground-supported sign to have non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising, on Part Block 2, Registered Plan 58M-234, Part Reserve Block 12, Registered Plan 58M-78, being Parts 4 to 9 on Reference Plan 58R- 17845, 1170 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the third party advertising permitted on the sign is only to be utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as 1170, 1187, 1191 and 1188 Westmount Road East and 325 Max Becker Drive. 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 JUNE 20, 2017 - 14 - 5. Submission No.: SG 2017-006 (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 6. Submission No.: SG 2017-007 Applicant: 2437628 Ontario Inc. Property Location: 4341 King Street East Legal Description: Part Lot 9, Beasley’s Broken Front Concession Appearances: In Support: G. Kalsi Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing ground-supported sign having a clearance of 1.57m in the Driveway Visibility Triangle (DVT) rather than the required clearance of 2.44m. The Committee considered the report of the Planning Division dated June 13, 2017, advising the subject property is zoned Arterial Commercial Zone (C-6). The applicant is requesting relief from section 680.11.14 of the Sign By-law to legalize an existing ground supported sign to have a clearance of 1.57 metres rather than the required 2.44 metres when located within a Driveway Visibility Triangle (DVT). The sign is located on the northern edge of the property and is outside of its own DVT, but is within the DVT of the abutting property, a gas station located at 4319 King Street East. The intent of the minimum clearance regulation is to ensure that ground supported signs do not obstruct the view of drivers in vehicles leaving parking lots on private property and entering into the right-of-way. This ensures drivers in vehicles have a clear view of traffic before exiting. In this situation, the applicant is proposing a clearance of 1.57 metres between the bottom of the copy portion of the sign and the ground. Staff is of the opinion that the clearance provided will still provide adequate visibility for vehicles exiting the parking lot on the abutting property. Planning Staff communicated with Transportation Staff in order to confirm that the requested clearance of 1.57 metres is adequate for visibility. In addition, the property line is approximately 7 metres away from the roadway; along with the 3.25 metre setback to the front lot line the sign is located over 10 metres from the roadway. This provides additional distance beyond the Driveway Visibility Triangle and a clear path to view street traffic, and therefore the requested variance is appropriate for the surrounding area. Since visibility is maintained, the requested variance meets the intent of the Sign By-law and can be considered minor. Based on the above comments, staff is of the opinion that the requested variance 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 June 5, 2017, advising they have no concerns with this application. Mr. G. Kalsi was in attendance in support of the subject application and staff recommendation. In response to questions, he acknowledged the requirement to maintain a 1.57m clearance between the bottom of the sign and the ground, adding nothing will be added to the base of the sign that would reduce the clearance. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 15 - 6. Submission No.: SG 2017-007 (Cont’d) That the application of 2437628 Ontario Inc. requesting permission to legalize an existing ground-supported sign having a clearance of 1.57m in the Driveway Visibility Triangle (DVT) rather than the required clearance of 2.44m, on Part Lot 9, Beasley’s Broken Front Concession, 4341 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall update the sign permit (Permit #16-125099) to reflect the location of the sign within the Driveway Visibility Triangle (DVT) and that the distance of 1.57 metres between the ground and the bottom of the sign shall be maintained. 2. That Condition 1 shall be completed prior to September 1, 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 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 11:10 a.m. Dated at the City of Kitchener this 20th day of June, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment