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HomeMy WebLinkAboutAdjustment - 2007-04-17 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 17, 2007 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. M. Hiscott, A. Head & Ms. C. Balcerczyk Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary- Treasurer, Ms. R. Brent, Assistant Secretary-Treasurer. Mr. M. Hiscott, Vice-Chair, called this meeting to order at 10:00 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, April 30, 2007, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2007-004 Applicant: Max Becker Enterprises Limited Property Location: 1187 Fischer Hallman Road, Bldg. 400 Legal Description: Block 1, Registered Plan 58M-307 -and - Submission No.: SG 2007-005 Applicant: Max Becker Enterprises Limited Property Location: 1191 Fischer Hallman Road Legal Description: on Block 2, Registered Plan 58M-288 Appearances: In Support: U. Bender Contra: None Written Submissions: None The Committee was advised that in Submission No. SG 2007-004, the applicant requests permission to install an automatic changing copy sign on the east face of the Home Hardware Store, within 145.6 m (477.69') of a residential zone rather than the required 150m X492.12'). The Committee was also advised that in Submission No. SG 2007-005, the applicant requests permission to install an automatic changing copy sign panel on an existing pylon sign where the pylon sign is located 15.5m (50.85') from a residential zone rather than the required 150m (492.12'). The Committee considered the report of the Development and Technical Services Department, dated April 3, 2007, with respect to Submission No. SG 2007-004, advising that the subject properly is located at the corner of Max Becker Drive and Fischer-Hallman Road. The properly is zoned Neighbourhood Shopping Centre Zone (C-2) and is designated as Mixed Use Node in the Municipal Plan. COMMITTEE OF ADJUSTMENT 9 APRIL 17, 2007 1. Submission Nos. SG 2007-004 & SG 2007-005 (Cont'd~ The applicant requests permission to legalize a proposed QED sign with automatic changing copy on the east face of the Home Hardware store that is located 145.6 metres from a residential zone rather than the required 150 metres. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. The intent of the regulation to have automatic changing copy sign 150 metres from a residential zone is to ensure that the sign does not adversely impact the aesthetics of any residential area within viewing distance of the sign. The closest residential zone is located to the south of the subject property. The applicant is requesting the location of the sign from a residential zone be reduced to 145.6 metres resulting in a 4.4 metre reduction. This reduction is considered minor and will not adversely impact the aesthetics of the residential area. Furthermore, the proposed sign does not directly face the residential zone. In this regard, the automatic changing copy sign will have minimal impact on the residential zone. In addition, the applicant states that the location and size of the proposed sign is dictated by the location of the existing Home Hardware sign on the east elevation of the building. The sign will be located directly underneath the existing Home Hardware sign and will be legible from Fischer-Hallman Road. Furthermore, the sign will use amber lighting instead of the red lighting typically used for the automatic changing copy signs and this will lessen the impact of the emission of light from the sign. Staff are of the opinion that the proposed sign does not directly face the residential dwellings in the area and that the location of the QED automatic changing copy sign is suitable and is better than portables or other electronic signs. Therefore, it is staff's opinion that there is limited impact on the residential area. Planning staff recommends that the application as submitted be approved. The Committee also considered the report of the Development & Technical Services Department, dated April 10, 2007, respecting Submission No. SG 2007-005, in which they advised that the subject property is located at the south-west corner of Max Becker Drive and Fischer-Hallman Road. The property is zoned Neighbourhood Shopping Centre Zone (C-2) and is designated as Mixed Use Node in the Municipal Plan. The applicant has previously obtained approval for a pylon sign from the Committee (File SG2005-012) in the location as proposed for the slight increase to the height and area of the sign, the reduced clearance, and the use of non-accessory third party signage. Since that time the applicant has chosen to add the automatic changing copy part which has led them to obtain a minor variance for the reduced setback from a residential zone. The applicant has requested permission to legalize a proposed QED sign with automatic changing copy that is located 130.5 metres (to the east) and 15.5 metres (to the south) of a residential zone rather than the required 150 metres. The purpose of the 150 metre setback of the sign from a residential zone is to ensure the sign does not adversely impact the aesthetics of any residential area within viewing distance of the sign. Planning Staff are of the opinion that we cannot support the variance at the proposed 15.5 metre setback from the residential area due to the visual impact of the sign. Since the submission of the application, Planning Staff have met with the applicant and as a result the applicant has relocated the sign to the other side of the driveway. The revised location of the sign is setback approximately 18.11 metres from the residential zone. As such, Planning Staff find this location to be a more suitable alternative for the sign and would consider supporting the variance with the appropriate revisions to the submitted drawings. COMMITTEE OF ADJUSTMENT 10 APRIL 17, 2007 1. Submission Nos. SG 2007-004 & SG 2007-005 fCont'd Although the revised location of the sign is not a significant change, it would be in keeping with the commercial area and have less of an impact on the residential area. Additionally, as per the previous Site Plan for this site there currently is a 2.4 metre (8 feet) high noise barrier separating the residential area from the commercial area. This barrier will effectively function as a visual barrier and shield the sign from the adjacent residential area. Furthermore, the sign will use amber lighting instead of the red lighting typically used for the automatic changing copy signs and this will lessen the impact of the emission of light from the sign. Based on the revised location of the sign, Planning Staff are of the opinion that by relocating the sign to the opposite driveway, and with the existing location of the noise barrier, and the use of amber lighting for the automatic changing copy part of the sign, the impact of the sign to the residential area will be lessened. Based on the foregoing, Planning staff recommends that the application be approved subject to the following revision: 1. That the sign be located on the opposite driveway and be setback 18.11 metres from the residential zone to the south; 2. That the site plan be amended to show the new location of the sign. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 10, 2007, in which they advise that they have no concerns with these applications. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated April 5, 2007, concerning Submission No. SG 2007-005, in which they advise of safety standards and clearances between signs and power lines, for the applicant's consideration. They also advise that the site plan shows a conflict between an existing hydro pole and the proposed driveway near Building "D", which may require the hydro pole to be relocated. With respect to the staff recommendation that the sign in Submission No. SG 2007-005 be relocated to the other side of the driveway, Mr. Bender provided the Committee members with a revised site plan showing the relocated sign, and requested that the application be amended such that the sign will be located 18.11 m X59.41') from a residential zone; whereas the original application was for 15.5 m (50.85'). Ms. von Westerholt and Mr. R. Parent advised that staff support the revised application. Submission No. SG 2007-004 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Max Becker Enterprises Limited requesting permission to install an automatic changing copy sign on the east face of the Home Hardware Store, within 145.6 m (477.69') of a residential zone rather than the required 150m (492.12'), on Block 1, Registered Plan 58M-307,1187 Fischer Hallman Road, Building 400, 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 property. Carried COMMITTEE OF ADJUSTMENT 11 APRIL 17, 2007 1. Submission Nos. SG 2007-004 & SG 2007-005 (Cont'd~ Submission No. SG 2007-005 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Max Becker Enterprises Limited requesting permission to install an automatic changing copy sign panel on an existing pylon sign, such that the pylon sign will be relocated to be 18.11 m X59.41') from the closest residential zone rather than the required 150 m X492.12'), on Block 2, Registered Plan 58M-288, 1191 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to a pylon sign in the revised location as shown on the plans submitted to the Committee of Adjustment on April 17, 2007. 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. ADJOURNMENT On motion, the meeting adjourned at 10:09 a.m. Dated at the City of Kitchener this 17th day of April, 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment