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HomeMy WebLinkAbout2017-10-17 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 17, 2017 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl. 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 10:24 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, November 6, 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 2017-014 Applicant: Belgage Medical Arts Property Location: 525 Belmont Avenue West Legal Description: Part Lots 15 & 16 and Part Lane, Plan 402 Appearances: In Support: P. Black Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground- supported sign having a sign area of 9.4 sq.m. rather than the permitted maximum sign area of 6 sq.m.; a height of 4.2m rather than the permitted height of 2m; and, address clearance from the ground of 0.5m whereas the By-law requires the address to have a ground clearance of 0.9m. The Committee considered the report of the Planning Division dated October 10, 2017, advising the subject property is zoned Medium Intensity Mixed Use Corridor Zone (MU-2), with Special Regulation Provision 504R. The applicant is requesting relief from Section 680.11.6 of the Sign By-law to install a ground- supported sign in a mixed use corridor with a height of 4.2 metres rather than the maximum permitted height of 2 metres; section 680.11.17 to allow a sign area of 9.29 square metres rather than the permitted maximum of 6 square metres; and section 680.11.15(c) to allow the address numbers to have a clearance of 0.5 metres rather than the required clearance of 0.9 metres. 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. After conducting a site visit, staff is of the opinion the proposed location of the sign will not contribute to a negative pedestrian experience. This is attributed to the COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 17 - 1. Submission No.: SG 2017-014 (Cont’d) adequate sidewalk space and boulevard space (including a transit stop) between the sidewalk and Belmont Avenue. In addition, the location of the property line ensures the sign will be located at least 1.6 metres from the sidewalk, providing sufficient buffer space between the sign and the pedestrian realm. Staff is also of the opinion 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. Staff is of the opinion the proposed increase in sign height and area can be considered minor because the sign will be compatible with the surrounding area. The intent of the regulation that requires 0.9 metres of clearance for address letters is to ensure that emergency services are able to easily identify property addresses when responding to an emergency. The proposed reduction in address clearance meets the intent of the By-law because the address number (‘525’) is to be displayed prominently at the top of the sign, whereas the full address including the street name is displayed at the bottom of the sign with a 0.5M clearance. Staff is of the opinion the address number at the top of the sign is sufficient in identifying the address, and therefore meets the intent of the By-law. Staff believes the requested reduction in clearance of 0.4 metres can be considered minor. Based on the above comments, staff is of the opinion 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 October 3, 2017, advising they have no concerns with this application. Mr. P. Black was in attendance on behalf of the owner in support of the subject application and staff recommendation. In response to questions, he clarified that high-rise residential buildings are located at the rear of the subject property and should have minimal to no adverse impacts from the new sign, adding if there are any complaints, changes to the sign operation could be considered. Mr. B. McColl requested, and it was agreed, that 2 additional conditions be added to the Committee’s decision with regards to the automatic changing copy portion of the sign being turned off between the hours of 12:00 a.m. and 6:00 a.m.; and, that the changing copy portion of the sign shall stay static for a minimum of 6 seconds when in operation. Moved by B. McColl Seconded by A. Head That the application of Belgage Medical Arts requesting permission to install a ground- supported sign having a sign area of 9.4 sq.m. rather than the permitted maximum sign area of 6 sq.m.; a height of 4.2m rather than the permitted height of 2m; and, address clearance from the ground of 0.5m whereas the By-law requires the address to have a ground clearance of 0.9m, on Part Lots 15 & 16 and Part Lane, Plan 402, 525 Belmont Avenue 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 obtain approval of a landscape plan from the City’s Director of Planning. The landscape plan shall show landscaping to be installed surrounding the proposed ground-supported sign. All landscaping shall be completed by June 30th, 2018 and shall be maintained in accordance with the approved landscape plan. 3. That the owner shall ensure the sign is located outside of the Corner Visibility Triangle (CVT). 4. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 5. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign shall stay static for a minimum of 6 seconds when in operation. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 18 - 1. Submission No.: SG 2017-014 (Cont’d) 6. That the owner shall complete Condition 1 prior to January 31, 2018. 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 10:28 a.m. Dated at the City of Kitchener this 17th day of October, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment