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HomeMy WebLinkAboutCA - 2018-03-20 - SG COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:18 a.m. Present: Mr. A. Head, Vice-Chair Mr. B. McColl Ms. J. Meader Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. C. Dumart, Junior Planner 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, April 16, 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 2018-004 Applicant: City of Kitchener Property Location: 8 Bridge Street East Legal Description: Lots 5 and 6 Closed Streets and Lanes, Tagge Survey, Plan 577, being Part 1 on Reference Plan 58R-2208 Appearances: In Support: C. Saunders Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground-supported sign with automatic changing copy to be located 29m from another ground-supported sign on the subject property, rather than the required 50m distance separation; to have a clearance from grade of 1m rather than the required 2.44m when located within a lot line visibility triangle; and, to permit 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-18-052 dated March 12, 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 March 6, 2018, advising although they have no concerns with this application, they note that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region, or actual relocation of the sign would be required at the owner’s cost, at such times in future. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated March 12, 2017 advising although they have no objection to this application, they noted the subject property is entirely within the floodplain of the Grand River. As such, the property is regulated by the GRCA under Ontario Regulation 150/06. Ms. C. Saunders was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 8 - CITY OF KITCHENER 1. Submission No.: SG 2018-004 (Cont’d) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of CITY OF KITCHENER requesting permission to install a ground- supported sign with automatic changing copy to be located 29m from another ground- supported sign on the subject property, rather than the required 50m distance separation; to have a clearance from grade of 1m rather than the required 2.44m when located within a lot line visibility triangle; and, to permit non-accessory third-party advertising whereas the By-law does not permit non-accessory third-party advertising, on Lots 5 and 6 Closed Streets and Lanes, Tagge Survey, Plan 577, being Part 1 on Reference Plan 58R-2208, 8 Bridge Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the existing wooden ground-supported sign for Joe Thompson Sportsfield is removed. 2. That the owner shall obtain a Sign Permit for the new sign from the Planning Division. 3. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall be static for a minimum of six seconds. 4. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11 p.m. and 6 a.m. 5. That the owner shall complete the above noted Conditions 1 and 2 no later than August 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 the decision. Failure to fulfill any condition 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 2018-005 Applicant: St. Andrew’s Presbyterian Church Property Location: 54 Queen Street North Legal Description: Lot 2 and Part Lots 1, 3 and 4, Ahrens Church Survey Appearances: In Support: G. Stewart J. Mark Lewis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground-supported sign having an area of 4 sq.m. rather than the permitted maximum area of 3 sq.m.; to have a clearance from grade of 0.9m rather than the required 2.44m when located within the Corner Visibility Triangle (CVT); and, for a sign containing automatic changing copy to be located within 3.8m of an intersection rather than the required setback of 23m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 9 - CITY OF KITCHENER 2. Submission No.: SG 2018-005 (Cont’d) The Committee considered Community Services Department report CSD-18-053 dated March 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 March 6, 2018, advising although they have no concerns with this application, they noted the sign is on private property and should comply with the City of Kitchener Sign By-law. Messrs. G. Stewart and J. Mark Lewis were in attendance in support of the subject application and staff recommendation. Mr. B. McColl noted this application is similar nature to the previous sign application made this date and it would be his preference to include conditions imposed through that decision. He requested that the conditions include: that a Sign Permit shall be obtained for the new sign from the Planning Division; that the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall be static for a minimum of six seconds; that the automatic changing copy portion of the sign be turned off between the hours of 11 p.m. and 6 a.m.; and, that the above noted Conditions 1 and 2 are to be fulfilled no later than August 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 the decision. Failure to fulfill any condition will result in this approval becoming null and void. Ms. J. Meader stated the final condition proposed regarding the deadline to complete the conditions should only reference Condition 1 to obtain a Sign Permit. The Chair noted it would be his preference to extend the deadline to October 30, 2018 to allow the property owner time to complete the conditions. Both amendments were accepted as friendly. Mr. Stewart requested clarification on the condition requiring the automatic changing copy to be turned off between the hours of 11 p.m. and 6 a.m., stating it would be his preference for the sign to remain illuminated in the evening hours. He noted the Region of Waterloo and Centre in the Square have similar signs that are illuminated in the evening hours, adding in his opinion all signs should be subject to the same rules. In response to questions, Ms. J. von Westerholt advised there are no residential properties in close proximity to the subject property. Mr. McColl suggested, and it was agreed, the condition state that the automatic changing copy of the sign may remain illuminated between the hours of 11 p.m. and 6 a.m.; however, the message shall remain static during those hours. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ST ANDREWS PRESBYTERIAN CHURCH requesting permission to install a ground-supported sign having an area of 4 sq.m. rather than the permitted maximum area of 3 sq.m.; to have a clearance from grade of 0.9m rather than the required 2.44m when located within the Corner Visibility Triangle (CVT); and, for a sign containing automatic changing copy to be located within 3.8m of an intersection rather than the required setback of 23m, on Lot 2 and Part Lots 1, 3 and 4, Ahrens Church Survey, 54 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the new sign from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall be static for a minimum of six seconds. 3. That the the automatic changing copy of the sign may be illuminated between the hours of 11 p.m. and 6 a.m.; however, the message shall remain static for those hours. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 10 - CITY OF KITCHENER 2. Submission No.: SG 2018-005 (Cont’d) 4. That the owner shall complete the above noted Condition 1 no later than October 30, 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 the decision. Failure to fulfill any condition 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 ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 20th day of March, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment