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HomeMy WebLinkAboutAdjustment - 2009-11-17 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 17, 2009 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs M. Hiscott and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk 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 November 23, 2009 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 2009-005 Applicant: The Trustees of the Kitchener Gospel Hall Property Location: 218 Bleams Road Legal Description: Part Lot 9, Plan 1482 Appearances: In Support: J. Halliday P. Jukes Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground sign, having automatic changing copy, to be located 8 m (26.24') from the intersection of Bleam Road and Fallowfield Drive rather that the required 23 m (75.45') and 110 m (360.89') from the closest Residential Zone rather than the required 150 m (492.12'). The Committee considered the report of the Development and Technical Services Department, dated November 6, 2009, advising that the subject property is located at the intersection of Bleams Road and Fallowfield Drive and is developed with a religious institution, the Kitchener Gospel Hall. The land is designated as a Neighbourhood Mixed Use Centre in the City's Official Plan and zoned Neighbourhood Shopping Centre Zone (C-2) in By-Law 85-1. The applicant is requesting variances to the Sign By-law for a new sign to be constructed. The following relief is being sought: 1) Section 680.3.29 of the Sign By-law requires an automatic changing copy sign to not be located within 150m of any residential zone, whereas the applicant is proposing a 110m setback from the closest residential zone. 2) Section 680.3.29 of the Sign By-law requires an automatic changing copy sign to not be located within 23m of an intersection, whereas the applicant is proposing an 8m setback from the intersection. COMMITTEE OF ADJUSTMENT 10 NOVEMBER 17, 2009 Submission No. SG 2009-005 (Cont'd In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offer the following comments: The variance to the separation distance for a changing copy sign from a residential zone is considered minor as the sign is located in the front yard, and the adjacent residential zone is in the rear yard. Furthermore, the orientation of the sign will limit the light impacts in the northerly direction towards the residential zone, as the sign is designed to project in the east and west direction along Bleams Road. The building on the subject property will shield any illumination from the sign to the residential zone. Therefore, Staff has no concerns with this request. In regards to the variance to reduce the setback for a changing copy sign from the nearest intersection, the intent of the regulation is to ensure that drivers using the intersection do not become distracted by automatic changing copy on a sign which could possibly be confused with traffic lights. The subject sign is located close to the front of the building, away from the edge of the road. As the sign is proposed to be located outside of the 7.5 metre Visibility Triangle, Staff are of the opinion that the proposed sign will not dominate sight-lines at the intersection. As such, Staff does not foresee any negative implications to vehicular or pedestrian traffic. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 17, 2009, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of The Trustees of the Kitchener Gospel Hall requesting permission to erect a ground sign, having automatic changing copy, to be located 8 m (26.24') from the intersection of Bleam Road and Fallowfield Drive rather that the required 23 m (75.45') and 110 m (360.89') from the closest Residential Zone rather than the required 150 m (492.12'), on Part Lot 9, Plan 1482, 218 Bleams 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2009-006 Applicant: Max Becker Enterprises Ltd. Property Location: 1188 Fischer-Hallman Road Leaal Description: Block 1. Reaistered Plan 58M-234 Appearances: In Support: N. Dart B. Schlegel Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a fascia sign to extend 0.457 m (1.5') above the top of the wall of the building; whereas, the Sign By-law does not permit fascia signs to extend above the wall on which they are located. The Committee considered the report of the Development and Technical Services Department, dated October 30, 2009, advising that the subject property is located at 1188 Fischer Hallman COMMITTEE OF ADJUSTMENT 11 NOVEMBER 17, 2009 2. Submission No. SG 2009-006 (Cont'd Road is zoned Neighbourhood Shopping Centre (C-2) in the Zoning By-law and has an Official Plan designation of a Mixed Use Node. Section 680.10.3 of the City of Kitchener Sign By-law states that "no fascia sign shall project above the maximum elevation of the fagade of the building, including any parapet to which the fascia sign is attached". Therefore, the applicant is requesting relief from Section 680.10.3 to allow projection of fascia signs 18 inches above the parapet roof line of the new CIBC building at the subject location. The intent of this Section of the By-law is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing an elevation of 18 inches above the fagade of the building. Staff are of the opinion that the projection is minor and will not interfere with the overall appearance of the building and will enhance its fagade. Therefore, staff have no concerns with the request to allow projection of the fascia signs 18 inches above the building fagade and roofline. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 17, 2009, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Max Becker Enterprises Ltd. requesting permission for a fascia sign to extend 0.457 m (1.5') above the top of the wall and roofline of the building; whereas, the Sign By-law does not permit fascia signs to extend above the roofline of the wall on which they are located, on Block 1, Registered Plan 58M-234, 1188 Fischer-Hallman 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:02 a.m. Dated at the City of Kitchener this 17th day of November, 2009. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment