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HomeMy WebLinkAboutCA - 2018-02-20 - SG COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:07 a.m. Present: Mr. A. Head, Vice-Chair Mr. B. McColl Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Ms. M. Drake, Senior Heritage & Policy Planner Mr. A. Pinnell, Planner Mr. D. Seller, Traffic Planning Analyst Ms. F. Hosseini, Traffic Planning Analyst Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk. The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee’s recommendations will be forwarded to City Council on Monday, February 26, 2018 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: SIGN APPLICATIONS 1. Submission No.: SG 2018-002 Applicant: Grand River Hospital Corporation Property Location: 835 King Street West/40 Green Street Legal Description: Part Mount Hope Cemetery, Plan 385 and Part Lot Closed Park Street Appearances: In Support: J. Cole Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install two ground- supported signs fronting onto King Street West, with the first sign (Sign A on the plan submitted with the application) having a height of 5.3m rather than the permitted maximum height of 2m; and, a sign area of 15.35 sq.m. rather than the permitted maximum area of 6 sq.m. The second sign (Sign B on the plan submitted with the application) will have a height of 3.353m rather than the permitted maximum height of 2m; a sign area of 9.71 sq.m. rather than the permitted maximum area of 6 sq.m; and, will not include the municipal address whereas the By-law requires that all ground-supported signs include the municipal address. The Committee considered Community Services Department report CSD-18-026 dated February 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 8, 2018, advising they have no concerns with this application. Mr. J. Cole was in attendance in support of the subject application and staff recommendation. He noted the subject application is requesting approval for signs that were previously in existence on the site prior to the (Light Rail Transit (LRT) construction. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 5 - CITY OF KITCHENER 1. Submission No.: SG 2018-002 (Cont’d) That the application of the GRAND RIVER HOSPITAL CORPORATION requesting permission to install two ground-supported signs fronting onto King Street West, with the first sign (Sign A on the plan submitted with the application) having a height of 5.3m rather than the permitted maximum height of 2m; and, a sign area of 15.35 sq.m. rather than the permitted maximum area of 6 sq.m.; the second sign (Sign B on the plan submitted with the application) having a height of 3.353m rather than the permitted maximum height of 2m; a sign area of 9.71 sq.m. rather than the permitted maximum area of 6 sq.m.; and, will not include the municipal address whereas the By-law requires that all ground-supported signs include the municipal address, on Part Mount Hope Cemetery, Plan 385 and Part Lot Closed Park Street, 835 King Street West/40 Green Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain sign permits from the Planning Division. 2. That the owner shall complete Condition 1 prior to October 1, 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 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 2018-003 Applicant: City of Kitchener Property Location: 125 Highland Road East Legal Description: Part Lot F, Plan 670 Appearances: In Support: D. Pearce Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing ground- supported sign having a height of 6.198m rather than the permitted maximum height of 5.5m; to have a 2.02m clearance from grade rather than the required clearance of 2.44m; to be located in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; to be located in the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; and, to permit the sign to have non-accessory third-party advertising whereas the By-law does not permit non-accessory third-party advertising. The Committee considered Community Services Department report CSD-18-027 dated February 13, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 8, 2018, advising they have no concerns with this application. Ms. D. Pearce was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 6 - CITY OF KITCHENER 1. Submission No.: SG 2018-003 (Cont’d) In response to questions, Ms. J. von Westerholt advised the applicant is requesting legalization for an existing sign, adding the agreement would remain in effect as long as the sign remains at that location. Mr. B. McColl questioned if the sign could be used for other third-party advertising other than that which currently noted on the sign. Mr. A. Head stated the encroachment agreement would clarify advertising permissions, adding Transportation Services staff have the prerogative to remove the sign in the future. Mr. McColl requested, and it was agreed, that a condition be added to indicate except for the portion of the sign having potential price changes, no other changing copy be permitted. Moved by Ms. P. Kohli Seconded by Mr. McColl That the application of the CITY OF KITCHENER requesting permission to legalize an existing ground-supported sign having a height of 6.198m rather than the permitted maximum height of 5.5m; to have a 2.02m clearance from grade rather than the required clearance of 2.44m; to be located in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; to be located in the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; and, to permit the sign to have non- accessory third-party advertising whereas the By-law does not permit non-accessory third-party advertising, on Part Lot F, Plan 670, 125 Highland Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division by May 31, 2018. 2. That the sign is prohibited to have automatic changing copy save and except for the portion of the sign that displays daily fuel prices. 3. 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. 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 ADJOURNMENT On motion, the meeting adjourned at 10:14 a.m. Dated at the City of Kitchener this 20th day of February, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment