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Home My WebLink AboutDSD-19-009 - SG 2019-002 - 439 Park StStaff Repoil K;x �R Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 9 DATE OF REPORT: January 7th, 2019 REPORT #: DSD -19-009 SUBJECT: SG2019-002 — 439 Park Street Applicant — Jo -Ann Malhotra Recommendation: Approve with Conditions Ike REPORT Location Map: 439 Park Street Planning Comments: The subject property located at 439 Park Street is zoned Community Institutional Zone (1-2) in the Zoning By-law 85-1 with Special Use Provision 102U. Staff conducted a site inspection of the property on December 21St, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Section 680.3.32 to erect a sign outside of the property boundaries of the subject site, considered a "non -accessory sign" in the Sign By-law. The applicant has entered into an encroachment agreement with the City for permission to erect a sign on City property. The applicant is also requesting relief from Section 680.11.2 to allow for a ground supported sign on a property with a lot width of 11.5 metres rather than the required 15 metres. View of Existing Sign (December 21st, 2018) 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 property originally possessed a landscape bed that contains a ground supported sign that has since been conveyed to the City for road widening. A new sign to replace the existing sign is also proposed to be within this landscape bed, and the applicants have entered into an encroachment agreement with the City to allow the sign to be located there. The sign is located on City land in front of the subject property and does not represent a situation in which the business owner is looking to advertise for their business excessively and/or on other parcels of private property. Therefore, the proposed variance meets the intent of the Sign By-law. The intent of the regulation that requires 15 metres of lot width for ground supported signs is to make sure that the lot is large enough to accommodate a ground supported sign without interfering with visibility, movement, and functionality. The sign is to be located outside of the Driveway Visibility Triangle (DVT), and its placement in the landscape bed is not expected to negatively impact movement or site functionality. Therefore, the requested variance for insufficient lot width for a ground supported sign meets the intent of the Sign By-law. 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 provided a sign permit is obtained prior to erection Transportation Services Comments: The location of the DVT as indicated on the submitted plan, is incorrect. Typically the DVT is located along the property line and the edge of the driveway. However, Transportation Services has no concerns with the proposed sign location. It should be noted that the sign is within the city's right-of-way and is subject to removal at any time by the city. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 439 Park Street is advised that the property is located within the Gildner Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns due to nature of application. RECOMMENDATION That application SG2019-002 requesting permission to replace the existing sign with a ground -supported sign on a property having a width of 11.5m rather than the required 15m; and, to permit third -party advertising whereas the By-law does not permit third - party advertising be approved, subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. 2. That the subject application is approved if and only if 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. 3. That condition 1 shall be completed prior to June 30th, 2019. 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. Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP Junior Planner Senior Planner Region of Waterloo January 3, 2019 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 No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. 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 developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "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.