HomeMy WebLinkAboutFCS-15-127 - Committee of Adjustment VariancesStaff Report
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REPORT TO: Committee of the Whole
DATE OF MEETING: September 14, 2015
SUBMITTED BY: Dianna Saunderson, Secretary- Treasurer, Committee of
Adjustment (519- 741 -2200 ext. 7277)
PREPARED BY: Holly Dyson, Administrative Clerk (519- 741 -2200 ext. 7594)
WARD(S) INVOLVED: 8 and 10
DATE OF REPORT: August 26, 2015
REPORT NO.: FCS -15 -127
SUBJECT: Fence Variance — 223 Claremont Avenue
Sign Variance — 311 Frederick Street
RECOMMENDATION:
"That the application of Greg Moore (FN 2015 -002 — 223 Claremont Avenue) requesting
permission to construct a wooden fence having a height of 1.82m (5.971') located 0.25m
(0.82') from the exterior lot line abutting Westmount Avenue rather than the required
setback of 1.5m (4.921'), on Lot 9, Plan 872, 223 Claremont Avenue, Kitchener, Ontario,
BE APPROVED, subject to the following conditions:
1. That the owner shall submit a landscape plan to the satisfaction of the Planning
Division by November 1, 2015.
2. That the owner shall ensure that the fence is located outside of the Regional 7.62m
(25) Corner Visibility Triangle."
- and -
"That the application of 1903303 Ontario Ltd. (SG 2015 -007 — 311 Frederick Street)
requesting permission to install a ground supported sign having a separation distance from
another ground supported sign on an abutting property of 9.1 m (29.855`) rather than the
required distance separation of 15m (49.212'), on Part Lot 1, Plan 197, 311 Frederick
Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall ensure that the maximum height of the sign shall not exceed
1.82 metres (5.97 ft); of which 1.61 metres (5.28 ft) is the main portion of the sign
and 0.21 metres (0.69 ft) is the address.
2. That the owner shall submit and receive approval of a Landscape Plan to the
satisfaction of the Planning Division.
3. That the owner shall obtain a Sign Permit from the Planning Division.
* ** This information is available in accessible formats upon request. * **
Please call 519- 741 -2345 or TTY 1- 866 - 969 -9994 for assistance. 2 — 1
4. That the owner shall ensure that the sign is located outside the 7.62 metre (25 ft)
Regional Corner Visibility Triangle (CVT).
5. That the owner shall fulfil the above noted conditions no later than November 1,
2015. 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 fulfil these conditions will result in this approval becoming
null and void.
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 Chapter 680 (Signs) of the City of Kitchener
Municipal Code is being maintained on the subject property.
- and further -
That the application of 1903303 Ontario Ltd. (SG 2015 -007 — 311 Frederick Street)
requesting permission to install a ground supported sign located 0.3 metres (0.984 ft) from
the front lot line rather than the required 0.4 metres (1.312 ft), on Part Lot 1, Plan 197, 311
Frederick Street, Kitchener, Ontario, BE REFUSED.
It is the opinion of this Committee that-
1 . The variances in this application are not minor in nature.
2. This application is not 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 not being maintained on the subject property."
REPORT:
The Committee of Adjustment met as a standing committee of City Council on Tuesday
August 18, 2015, consider one application pursuant to Chapter 630 (FENCES) of the City of
Kitchener Municipal Code and one application pursuant to Chapter 680 (SIGNS) of the
City of Kitchener Municipal Code.
These recommendations are being forwarded to you on behalf of the Committee of
Adjustment for your consideration.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Respecting Sign By -law and Fence By -law variances, the Committee of Adjustment
operates as a Standing Committee of City Council, and as such represents efficient and
effective government.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
INFORM - As directed by the Sign By -law and Fence By -Law, notice of Applications for
Variance to the Sign By -law and Fence By -law are published in the Record 15 - 18 days
prior to the Committee of Adjustment meeting at which the application will be
considered. Notice of an application is also mailed to property owners within 30 metres
of the subject property.
INFORM - This report has been posted to the City's website with the agenda in advance
of the council / committee meeting.
ENTRUST — The Committee of Adjustment is a Quasi - Judicial Committee of citizen
members operating as a Standing Committee of City Council.
ACKNOWLEDGED BY: Michael May, DCAO Community Services Department
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