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HomeMy WebLinkAboutAdjustment - 2006-09-12 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 12, 2006 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. P. Britton, D. Cybalski and Ms. D. Angel. Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. R. Brent, Assistant Secretary-Treasurer. Mr P. Britton, Chair, called this meeting to order at 9:45 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider 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 a recommendation 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, September 25, 2006, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS 1. Submission No.: SG 2006-013 Applicant: Leather By Mann of Canada Property Location: 4553 King Street East Legal Description: Parts 1 & 2, Reference Plan 58R-10048 Appearances: In Support: Mr. B. Raynor Mr. G. Small Contra: Mr. B. McColl Written Submissions: None The Committee was advised that the applicant requests permission to have changeable copy on a pylon sign, where the sign is located 34m (111.54`) from the closest Residential zone rather than the required 150m (492.12`). The Committee considered the report of the Development and Technical Services Department, dated August 8, 2006 in which the Planning Division advises they have no objections to this application provided the QED portion of the sign is limited to the area and height as generally shown on the applicant's plans. The Transportation Planning Division advises they have no concerns with the proposed sign. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 24, 2006 advising the Site Plan attached to the application indicates the sign will be located immediately behind the future sidewalk, no part of the sign must be located on or project onto the King Street road allowance. The Committee considered the report of Southwestern Region Ministry of Transportation, Corridor Management Office, dated August 10, 2006 advising they have no objections to this application even though the sign is located within the 400 m permit control area from Highway 8, the Ministry anticipates the sign will not be visible due to the structures between the Highway and the Sign. COMMITTEE OF ADJUSTMENT 28 SEPTEMBER 12, 2006 1. Submission No.: SG 2006-013 ~Con't~ Mr. McColl advised that he is an area resident and shares a rear properly line with the subject properly. He advised he is also a member of the Pine Grove Community Association and as such is also representing them at this meeting. As Mr. McColl had no written authorization to act on behalf of the Pine Grove Community Association, the Chair advised he would only accept submissions from Mr. McColl on his own behalf. Ms. T. Malone-Wright explained the purpose of the application, noting that the LED portion of the sign is small and will be located at the bottom of the pylon. As the LED portion of the sign will be screened by the building, staff are in support of the application. Mr. Small advised that Leather by Mann will use the LED sign for on-going information about sales, products and community information, and it is more convenient for them than manually changing letters. He provided the Committee with photographs of the sign structure on the properly. He noted that the structure of the sign is lower than the building, and the building screens the sign from the view of the residences. Further the landscaping has been installed and the trees block the LED portion of the sign. Mr. Small then requested permission to change the design of the sign to have the LED portion at the middle or top of the sign structure. He was of the opinion that the trees will screen the LED regardless of where it is on the sign structure. Upon questioning he advised these are deciduous trees. Mr. McColl advised that as a neighbour he has no concerns about the sign, and stated that Leather by Mann has done a good job on this development. There is an existing 7' high solid board fence along the side of the property; however, the sign will still be visible to some of the neighbours. The residents at 5 Limerick Drive will be able to see the LED from their bedroom windows, and to raise the LED portion of the sign will cause further problems. He was also concerned that approval of this application will set a precedent, as there are other commercial properties in this area. There is also a long term concern about this sign, which in future may change to a TV screen type sign which is very intrusive. The Chair stated that the building is between the sign and the residences; however, he is not in support of raising the LED portion. He also stated that deciduous trees are a good screen for part of the year only, and questioned whether Leather by Mann could install some coniferous trees for a more permanent screening. Mr. Small advised that the LED software provides auto dimming and scheduling of messages. He suggested that Mr. Mann may be willing to dim the sign at certain hours. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Leather By Mann of Canada requesting permission to have electronic display on a portion of a pylon sign, where the sign is located 34m (111.54`) from the closest Residential zone rather than the required 150m (492.12`), on Parts 1 & 2, Reference Plan 588- 10048, 4553 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the LED portion of the sign is limited to the area and height as generally shown on the applicant's plan. 2. That the owner work with City staff to determine an appropriate lighting intensity for the sign, given the adjacent residential use. 3. That the owner shall plant coniferous trees on this property, between the building and old King Street for screening of adjacent residential properties; and further, That prior to doing this planting, the owner shall receive approval of a landscaping plan showing the size, type, and location of these coniferous trees from the City's Director of Planning. COMMITTEE OF ADJUSTMENT 29 SEPTEMBER 12, 2006 1. Submission No.: SG 2006-013 ~Con't~ 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 the City of Kitchener Sign By-law is being maintained on the subject properly. Carried This meeting recessed at 9:55 a.m. and reconvened at 12:05 p.m. with the following members present: Ms. D. Angel and Messrs P. Britton and D. Cybalski. NEW BUSINESS 1. Submission No.: SG 2006-015 Applicant: Huron Heights Secondary School Property location: 1825 Strasburg Road Legal Description: Part dot 11, Biehn's Tract, being Parts 6,13 & 14, Reference Plan 58R-12807 and Parls 1 - 4, Reference Plan 58R-14985 Appearances: In Support: Contra: Mr. C. Clothe None Written Submissions: None The Committee was advised that the applicant requests permission to locate 3 signs ~2 ground signs and 1 fascia sign) on a property in an Institutional Zone, for anon-residential use, rather than the 2 permitted signs, and permission for one of the ground signs to be located 2.87m (9.41') from the lot line along Strasburg Road rather than the required 3m (9.84'). The Committee considered the report of the Development & Technical Services Department, dated September 5, 2006 advising they have no objections to this application. The Transportation Planning Division advises they have no concerns with the proposed sign provided it remains outside of the 4.57 m driveway visibility triangle. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 21, 2006 advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated August 28, 2006 advising they have no objections to this application. Mr. Clothe advised that because this lot is very large, and because of its shape, the City's Planning staff recommended that two ground signs be installed. The Chair cautioned that in the future, there may be a round-about at the intersection of Strasburg Road and Huron Road. Mr. Parent stated that he is not sure that a functional design has yet been prepared for around-about at this intersection that takes this property into consideration. Mr. Clothe advised that they have already received approval for the sign at the Huron Road/Strasburg Road intersection. COMMITTEE OF ADJUSTMENT 30 SEPTEMBER 12, 2006 1. Submission No.: SG 2006-015 (Cont'd Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Huron Heights Secondary School requesting permission to locate 3 signs (2 ground signs and 1 fascia sign) on a property in an Institutional Zone, for anon-residential use, rather than the 2 permitted signs, and permission for one of the ground signs to be located 2.87m (9.41') from the lot line along Strasburg Road rather than the required 3m (9.84'), Part Lot 11, Biehn's Tract, being Parts 6, 13 & 14, Reference Plan 58R-12807 and Parts 1-4, Reference Plan 58R-14985, 1825 Strasburg Road, Kitchener, Ontario, BE APPROVED. 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 the City of Kitchener Sign By-law is being maintained on the subject properly. Carried ADJOURNMENT On motion, the meeting adjourned at 12:10 p.m. Dated at the City of Kitchener this 12th day of September, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment