HomeMy WebLinkAboutCSD-18-027 - SG 2018-003 - 125 Highland Rd E, Staff Report
I .R Community Services Department wm kitcheneua
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 201h, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843
WARD: 9
DATE OF REPORT: February 13th, 2018
REPORT #: CSD -18-027
SUBJECT: SG2018-003 — 125 Highland Road East
Applicant — Dorothy Pearce- Permit World Consulting Services
Approve with Conditions
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Location Map: 125 Highland Road East
RECOMMENDATION
That application SG2018-003 requesting permission to legalize an existing ground -
supported sign having a height of 6.198 metres rather than the permitted maximum
height of 5.5 metres; to have a 2.02 metre clearance from grade rather than the required
clearance of 2.44 metres within the Corner Visibility Triangle (CVT) & Driveway Visibility
Triangle (DVT) (as amended); and, to permit the sign to have non -accessory third -party
advertising whereas the By-law does not permit non -accessory third -party advertising be
approved, subject to the following conditions:
1. That a sign permit is obtained from the Planning Division by May 31St, 2018.
2. That the subject application is approved if and only if the licensing the licensing
agreement for the encroachment of the sign onto City property is valid and
binding, failure to maintain that agreement will make the decision null and void.
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REPORT
Planning Comments:
The subject property located at 125 Highland Road East is zoned Gas Station Zone (C-7) in the
Zoning By-law 85-1 and designated Mixed Use in the City's Official Plan. Staff conducted a site
inspection of the property on January 19th, 2018.
The applicant is requesting permission to legalize an existing ground supported sign located on
City property, adjacent to the exterior side lot line whereas the By-law does not allow for non -
accessory signage (Section 680.3.c). The applicant is also requesting relief from Section
680.11.4 to allow a sign height of 6.198 metres rather than the maximum permitted height of 5.5
metres, and relief from Section 680.11.14 to allow for a clearance of 2.02 metres rather than the
minimum required clearance of 2.44 metres within the Corner Visibility Triangle and Driveway
Visibility Triangle.
View of Existing Ground Supported Sign
The intent of the regulation that prohibits non -accessory signs (third party signs), is to prevent
an excess of signage in the City by requiring signs to be located on the same property as the
business that is advertised. This regulation is important to preserve street aesthetics by limiting
the extent of signage on properties, streets and neighbourhoods throughout the City. The main
objective of this regulation is to prohibit property owners from renting out space on their lot to
advertise for potentially numerous businesses, which could create a billboard -like signage effect
on any privately owned lot that would permit a sign.
In this situation, the ground supported sign is technically non -accessory (third party) because it is
located on City property just outside of the lot line of the property in which the business being
advertised on the sign is located. Prior to this application for variance, the applicant obtained an
encroachment agreement from the City's Legal Services Division to allow the sign to remain in that
location. The sign has been existing in that location for approximately 40 years and was installed
outside of the property line in error. The layout of the property as well as the placement of
underground fuel tanks makes it impossible to relocate the sign onto the subject property. Staff
believes this variance request does not represent a situation in which a property owner is intending
to advertise for other businesses, nor does it represent excessive signage. Therefore, the
proposed variance for non -accessory signage meets the general intent of the Sign- By-law.
The intent of the regulation that limits the height of signage based on lot width is to ensure that the
size of signage is appropriate for the size of the lot and to prevent excessively large signage. The
subject property is located on an irregularly shaped lot that has 3 lot lines abutting the street.
Because the lot frontage is divided between 3 lot lines, the measurement taken for lot width does
not accurately represent the overall size of the property. Staff is of the opinion that the overall size
of the property is large enough to allow for a sign with a height of 6.198 metres and that the height
of the sign is not excessive.
The intent of the regulation that requires a 2.44 metre clearance for ground supported signs within
a Corner Visibility Triangle (CVT) and Driveway Visibility Triangle (DVT) is to ensure that visibility is
maintained for pedestrians, cyclists and automobile drivers. Although the sign is located in the CVT
& DVT according to the measurement taken from the lot lines, there is a large boulevard and
sidewalk between the lot lines and the street that provide an adequate distance to quell visibility
concerns. The sign is located over 10 metres from the roadway and over 7 metres from the
sidewalk. Transportation Services has reviewed the application and has no concerns with visibility
from the requested reduction in clearance. Therefore, the requested variance meets the intent of
the Sign By-law which is to allow for safe ingress/egress to a site without visibility impairment.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed sign variance. Note that a sign permit will
be required for the new sign.
Transportation Services Comments:
As the sign would not cause any visibility issues, Transportation Services has no concerns with
the proposed application subject to the following condition:
• As the sign is located in the City of Kitchener Right -of -Way (ROW) the City of Kitchener
reserves the right to remove the sign at any time if required at the owner's expense.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Eric Schneider, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
February 08, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/
VAR KIT GEN
(1) / KING KIT, Grand River Hospital
(6)/08 WEBER KIT, Lin Corp Solutions Inc.
(9) /04 URBAN, Urban Oakloft Inc.
(10, 14, 15)/53 Fairway, Fusion Homes
(11)/VAR KIT, Revel Development Corp.
(16, 17)/ 55, Silicon North Real Estate Inc.
(18, 19)/VAR KIT, Marlea Developments
Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 835 King Street West (SG 2018-002): No concerns.
2. 125 Highland Road East (SG 2018-003): No concerns.
3. 12 Redtail Street (A 2018-005): No concerns.
4. 48 Crosswinds Drive (A 2018-006): No concerns.
5. 56 Crosswinds Drive (A 2018-007): No concerns.
6. 1087 Weber Street East (A 2018-008): No concerns to this application. However,
the owner please be advised that any redevelopment application on these lands
would require a dedicated road widening up to 13.10 metres from Weber Street
centre line.
7. 211 Strange Street (A 2018-009): No concerns.
8. 7 Peachwood Court (A 2018-010): No concerns.
9. 241 and 247 Ottawa Street South (A 2018-011): No concerns.
10.481 Rivertrail Avenue (A 2018-012): No concerns.
11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns.
12. 223 to 235 Heiman Street (A 2018-014): No concerns.
13.298 Mill Street (A 2018-015): No concerns.
14.139 Rockcliffe Drive (future) (A 2018-016): No concerns.
15.143 Rockcliffe Drive (future) (A 2018-017): No concerns.
16. 647 Victoria Street South (A 2018-018): No concerns.
17. 659 Victoria Street South (A 2018-019): No concerns.
DOCS: 2643154
18. 185 Forfar Avenue (A 2018-020): No concerns.
19.185 Forfar Avenue (A 2018-021): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
' Grand River Conservation Authority
Resource Management Division
Beth Brown, Supervisor of
Resource Planning
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2307
E-mail: bbrown@grandriver.ca
DATE: January 31, 2018 YOUR FILE: See below
RE. Applications for Signs:
SG 2018-002 835 King Street West
SG 2018-003 125 Highland Road East
Applications for Minor Variance:
A 2018-005
12 Redtail Street
A 2018-006
48 Crosswinds Drive
A 2018-007
56 Crosswinds Drive
A 2018-008
1087 Weber Street East
A 2018-009
211 Strange Street
A 2018-010
Peachwood Court
A 2018-011
241-247 Ottawa Street South
A 2018-012
481 Rivertrail Avenue
A 2018-013
65, 71 & 79 Madison Avenue South
A 2018-015
298 Mill Street
A 2018-016
Rockcliffe Drive (future # 139)
A 2018-017
Rockcliffe Drive (future #143)
A 2018-018
647 Victoria Street South
A 2018-019
659 Victoria Street South
A 2018-020
185 Forfar Avenue (corner lot)
A 2018-021
185 Forfar Avenue (interior lot)
Applications for Consent:
B 2018-005
94 Morgan Avenue
B 2018-006 to 009 883 Doon Village Road
B 2018-010
Rockcliffe Drive (future #155-163)
B 2018-011
Rockcliffe Drive (future #159-163)
B 2018-012
Rockcliffe Drive (future #139 & 143)
B 2018-013
647 Victoria Street South
B 2018-014
185 Forfar Avenue (corner lot)
B 2018-015
185 Forfar Avenue (interior lot)
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.