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HomeMy WebLinkAboutFCS-16-171 - Fence and Sign Variances REPORT TO: Committee of the Whole DATE OF MEETING: November 21, 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: 6 and 9 DATE OF REPORT: October 27, 2016 REPORT NO.: FCS-16-171 SUBJECT:Fence Variance – 660 Fischer Hallman Road and Sign Variance – 1058 Queens Boulevard ___________________________________________________________________________ RECOMMENDATION: “That the application of Nicoleta Craiovan Stewart (FN 2016-007 – 660 Fischer Hallman Road) requesting permission to construct a fence in the front yard having a height of 1.524m, whereas the By-law does not permit fences located in the front yard that are greater than 0.91m in height, on Part Lot 47, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-13049, 660 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the fence is designed in such a way that there is no obstruction to pedestrian or vehicular traffic. 2. That the owner shall ensure the fence is located outside of any required Driveway or Corner Visibility Triangle(s). 3. That the owner shall ensure the fence is designed and constructed so there is visibility through 50% of the entire face of the fence within the front yard. Where a solid material is used, it must remain transparent at all times. In no case shall there be any section of the fence within the front yard that prohibits 50% visibility.” - and - “That the application of 2112761 Ontario Ltd. (SG 2016-005 – 1058 Queens Boulevard) requesting permission to alter the existing ground supported sign to have automatic changing copy located 7m from a residential zone rather than the required setback of 100m, on Part Lot 16, Plan 786, being Part 2 on Reference Plan 58R-3986, 1058 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2. - 1 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure Condition 1 is completed prior to January 1st, 2017. 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 fulfill these conditions will result in this approval becoming null and void. 3. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m.” REPORT: The Committee of Adjustment met as a standing committee of City Council on Tuesday, October 18, 2016 to consider one application pursuant toChapter 630 (FENCES) of the City of Kitchener Municipal Code and one application pursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code. This recommendation is being forwarded to you on behalf of the Committee of Adjustment for your consideration. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City’s strategic vision through the delivery of core service. 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. 2. - 2 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 2. - 3