HomeMy WebLinkAboutFCS-16-078 - Committee of Adjustment Variances
REPORT TO: Committee of the Whole
DATE OF MEETING: May 16, 2016
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: 1 and 6
DATE OF REPORT: April 29, 2016
REPORT NO.: FCS-16-078
SUBJECT:Fence Variance – 35 Bishop Court
Sign Variance – 707 Ottawa Street South
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RECOMMENDATION:
“That the application of Heidi and Ralph Labusch (FN 2016-001 – 35 Bishop Court)
requesting permission to legalize an existing wood fence located in the rear yard of a
single detached dwelling on the southerly and south-easterly lot lines abutting Ottawa
Street North, having a height of 3.048m (10’) rather than the permitted maximum height of
2.4m (7.874’), as per the plans submitted with the application, on Lot 39, Plan 1202, 35
BE APPROVED
Bishop Court, Kitchener, Ontario, .”
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“That the application of 707 Ottawa Street South Inc. (SG 2016-002 – 707 Ottawa Street
South) requesting permission to remove an existing ground-supported sign and re-install
a ground-supported sign having a height of 7.887m (25.875’) rather than the permitted
maximum height of 7.5m (24.606’); to permit the ground-supported sign to have an area
of 23.18 sq.m. (249.507 sq.ft) rather than the permitted maximum area of 20 sq.m.
(215.278 sq.ft.); and, to locate the new ground-supported sign 31m (101.706’) from
another ground-supported sign rather than the required 50m (164.041’) separation
distance, on Part Lots 5 & 6, Plan 1022, Part Block L, Plan 1246, being Parts 1 to 3 on
BE APPROVED
Reference Plan 58R-2192, 707 Ottawa Street South, Kitchener, Ontario, ,
subject to the following conditions:
1. That the owner shall obtain a sign permit for the new ground-supported sign from
the Planning Division, which shall include: structural engineered drawings; ensuring
that the sign is setback 3.5 m (11.48 ft.) from the property line; and if required,
updating or providing Landscape Plans for the sign.
2. That the owner shall obtain a permit from the Ministry of Transportation.
*** This information is available in accessible formats upon request. ***
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3. That the owner shall fulfil Conditions 1 and 2, as noted above, no later than August
1, 2016. 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.
4. That the owner shall ensure any incidental signs on the property that exceed the
maximum height restriction of 0.9 metres (2.95 ft.) shall be brought into compliance
with the Sign By-law or shall be removed.
5. That the owner shall install landscaping as shown in the approved Landscaping
Plan as outlined in Sign Permit #16403, for the previously installed ground-
supported signs; or, the Landscaping Plan/Installation may be updated to the
satisfaction of the Urban Designer.
6. That the owner shall ensure Conditions 4 and 5, as noted above, are completed in
a timely manner. Failure to comply by August 1, 2016, will result in these items
being forwarded to the City’s Enforcement division.”
REPORT:
The Committee of Adjustment met as a standing committee of City Council on Tuesday
April 19, 2016,
consider one application pursuant toChapter 630 (FENCES) of the City of
one application pursuant to Chapter 680 (SIGNS) of the
Kitchener Municipal Code and
City of Kitchener Municipal Code.
These recommendations are being forwarded to you on behalf of the Committee of
Adjustment for your consideration.
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.
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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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