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HomeMy WebLinkAbout2017-11-21 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 21, 2017 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl and Ms. P. Kohli OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr. G. Stevenson, Planner; Ms. D. Saunderson, Secretary- Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:41 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, December 11, 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 2017-016 Applicant: Forest Hill United Church Property Location: 121 Westmount Road East Legal Description: Part Block A, Part Lot 337, Plan 946 Appearances: In Support: J. Florence J. Rice M. Goroanier Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a ground- supported sign having automatic changing copy located 27m from a residential zone rather than the required 100m setback. The Committee considered the report of the Planning Division dated November 10, 2017, advising the subject property is zoned Neighbourhood Institutional Zone (I-1) in the Zoning By- law. The applicant is requesting permission to install a ground-supported sign with automatic changing copy. The applicant is seeking relief from section 680.3.29 of the Sign By-law to allow an automatic changing copy sign to be located 27 metres from a residential zone rather than the required separation distance of 100 metres from a residential zone. The applicant is proposing to construct a ground supported sign with automatic changing copy located 27 metres to the nearest residential zone. However, the proposed sign does not meet the required separation distance of 100 metres to a residentially zoned area. The variance to reduce the setback required for a sign containing automatic changing copy from a residential zone can be considered minor. Since the nearest residentially zoned area is located on the opposite side of the street of the subject lands, it is anticipated that the automatic changing copy will have little effect on the nearby residential area. The proposed size of the automatic changing copy portion of the sign is relatively small in size (1.45 metres squared) and shall have minimal impact on the residential properties located on the opposite side of the street. COMMITTEE OF ADJUSTMENT NOVEMBER 21, 2017 - 20 - 1. Submission No.: SG 2017-016 (Cont’d) Additionally, the sign will have minimal impact on the residential properties located on the same side of the street as the subject property. Staff is of the opinion that the reduction of the separation distance for a new ground-supported sign with automatic changing copy will not adversely affect the surrounding neighbourhood and is appropriate for the subject property. 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 10, 2017, advising they have no concerns with this application. Messrs. J. Florence, J. Rice and M. Goroanier were in attendance in support of the subject application and staff recommendation. The Chair noted comments contained in the staff report from Transportation Services requesting the signs be located outside the 4.57m Driveway Visibility Triangle (DVT). Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Forest Hill United Church requesting permission to install a ground- supported sign having automatic changing copy located 27m from a residential zone rather than the required 100m setback, on Part Block A, Part Lot 337, Plan 946, 121 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 messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. 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.. 4. That Condition 1 shall be completed prior to July 1st, 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 2. Submission No.: SG 2017-017 Applicant: Williamsburg Gas Station Inc. Property Location: 1201 Fischer Hallman Road Legal Description: Part Lot 3, Plan 1470 & Part Block 45, Registered Plan 58M-408, being Parts 7 to 9 and 15 to 22 on Reference Plan 58R-17986 Appearances: In Support: A. Vandersluis Contra: None COMMITTEE OF ADJUSTMENT NOVEMBER 21, 2017 - 21 - 1. Submission No.: SG 2017-017 (Cont’d) Written Submissions: None The Committee was advised the applicant is requesting permission to erect two ground- supported signs, one fronting onto Fisher Hallman Road and one fronting onto Bleams Road, both having heights of 3.15m rather than the permitted maximum height of 2m. The Committee considered the report of the Planning Division dated November 10, 2017, advising the subject property is zoned Convenience Commercial Zone (C-1) with special regulation 321U, in the Zoning By-law. The applicant is seeking relief from section 680.11.6 of the Sign By-law to allow for 2 ground- supported signs with a height of 3.15 metres rather than the permitted maximum height of 2 metres. The intent of the regulation that restricts ground supported signs to a maximum height of 2 metres within a commercial 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 signs will not contribute to a negative pedestrian experience. Staff is also of the opinion that the proposed sign is not excessively large, and therefore meets the intent of the Sign By- law. Finally, the design of the sign is similar in style to the existing pylon signs within the Williamsburg area, which maintains the continuity of the existing neighbourhood. The variance to increase the height of the ground-supported signs from 2 metres to 3.15 metres can be considered minor as the increase height of 1.15 metres will have little effect on the nearby area. The proposed locations of the signs are outside the 4.57 metre Driveway Visibility Triangle (DVT) and will not affect visibility of incoming and exiting traffic. Based on the above comments staff is of the opinion that the proposed increase in sign height can be considered minor and the signs will be compatible with the surrounding area. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 10, 2017, advising they have no concerns with this application. Mr. A. Vandersluis was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Williamsburg Gas Station Inc. requesting permission to erect two ground-supported signs, one fronting onto Fisher Hallman Road and one fronting onto Bleams Road, both having heights of 3.15m rather than the permitted maximum height of 2m, on Part Lot 3, Plan 1470 & Part Block 45, Registered Plan 58M-408, being Parts 7 to 9 and 15 to 22 on Reference Plan 58R-17986, 1201 Fischer Hallman Road, 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 Corner Visibility Triangle (CVT). 3. That Condition 1 shall be completed prior to July 1st, 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. COMMITTEE OF ADJUSTMENT NOVEMBER 21, 2017 - 22 - 1. Submission No.: SG 2017-017 (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 ADJOURNMENT On motion, the meeting adjourned at 10:44 a.m. Dated at the City of Kitchener this 27th day of November, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment