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Home My WebLink AboutFCS-17-131 - Committee of Adjustment Variances - Various REPORT TO:Committee of the Whole DATE OF MEETING:June 26, 2017 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, 2, 3, 6 and 9 DATE OF REPORT:June 21, 2017 REPORT NO.:FCS-17-131 SUBJECT:Fence Variance - 52 Redtail Streetand Sign Variances– 1111 Westmount Road East, 313 Highland Road West, 1458 Weber Street East, 723 King Street West, 1170 Fischer Hallman Road and 4341 King Street East ___________________________________________________________________________ RECOMMENDATION: “That the application of Joseph Caluag & Khristine Huete-Caluag (FN 2017-002- 52 Redtail Street) requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the side lot line abutting King Rail Court rather than the required 1.5m setback, on Lot 82, Registered Plan 58M-511, 52 Redtail Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall submit and obtain approval of a landscape plan from the City’s Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the side lot line abutting King Rail Court. All landscaping shall be completed by October 31, 2017 and shall be maintained in accordance with the approved landscape plan.” -an d- “T hat the application of Max Becker Enterprises Ltd. and RBJ Schlegel Land Development Ltd. (SG2017-002 - 1111 Westmount Road East) requesting permission to install a ground-supported pylon sign having a maximum sign area of 22 sq.m. rather than the maximum permitted area of 20 sq.m.; a height of 8m rather than the permitted 7.5m; and, to have non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising, on Part Block 2, Registered Plan 58M-234, Reserve Block 12, Registered Plan 58M-78, being Parts 1-3 & 10-15 on Reference Plan 58R-17845, 1111 Westmount Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.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. 3.- 1 2.That the owner shall ensure the third party advertising permitted on the sign is only to be utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as 1170, 1187, 1191 and 1188 Westmount Road East and 325 Max Becker Drive. 3.That the owner shall remove the existing pylon sign located on the subject property adjacent to Westmount Road East prior to installation of the ground-supported pylon sign.” - and - “That the application of Bozena Sikorski (SG 2017-003 - 313 Highland Road West) requesting permission to legalize an existing ground-supported sign having automatic changing copy on a lot having a width of 14.4m rather than the required 15m; having a sign area of 3.69 sq.m. rather than the permitted maximum 3 sq.m.; a setback from the street line of 0.76m rather than the required 3m; and, to be located 0m from a residential zone rather than the required 100m setback, on Part Lots 4 & 5, Plan 781, 313 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall ensure the property address number is added to the sign as per Section 680.11.15 of the Sign By-law. 2.That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 3.That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 4.That the owner shall ensure the interlocking brick driveway is decommissioned for parking to satisfaction of the Director of Transportation Services and City’s Urban Designer. 5.That the owner shall ensure the window sign containing automatic changing copy is removed. 6.That the owner shall ensure the sign permit is updated to reflect alterations made. 7.That the owner shall ensure the site plan is updated to include landscaping changes related to the interlocking brick driveway. 3. - 2 8.That the owner shall complete Conditions 1 to 7 above prior to November 30, 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. - and - “That the application of 2417818 Ontario Inc. (SG 2017-004 - 1458 Weber Street East) requesting permission to legalize an existing sign painted on the exterior of a building whereas the By-law does not permit signs to be painted on buildings, on Lots 164-166 and Part Lots 151, 152, 159, 160, 167 & 168, Plan 308, 1458 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall obtain a sign permit from the Planning Division.” - and - “That the application of Saunders and Mandalfino Medicine (SG 2017-005– 723 King Street West) requesting permission to remove and replace a ground-supported sign having a height of 2.85m rather than the permitted maximum 2m; and; a separation distance of 8.5m from another ground-supported sign rather than the required separation distance of 15m, onPart Lots 41, 42 & 30, Plan 377, 723 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a sign permit from the Planning Division. 2.That the owner shall ensure the sign is located outside of the Driveway Visibility Triangle (DVT). 3.That the owner shall locate the sign, including foundation, a minimum of 1.76m from the current property line. 4.That Condition 1 shall be completed prior to September 30th, 2017. Any request for atime 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.“ - and - “That the application of Max Becker Enterprises Ltd. (SG 2017-006- 1170 Fischer Hallman Road) requesting permission for an existing ground-supported sign to have non-accessory third party advertising whereas the By-law does not permit non- accessory third party advertising, on Part Block 2, Registered Plan 58M-234, Part Reserve Block 12, Registered Plan 58M-78, being Parts 4 to 9 on Reference Plan 58R- 17845, 1170 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 3. - 3 1.That the owner shall ensure the third party advertising permitted on the sign is only to be utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as 1170, 1187, 1191 and 1188 Westmount Road East and 325 Max Becker Drive.“ - and - “That the application of 2437628 Ontario Inc. (SG 2017-007 - 4341 King Street East) requesting permission to legalize an existing ground-supported sign having a clearance of 1.57m in the Driveway Visibility Triangle (DVT) rather than the required clearance of 2.44m, on Part Lot 9, Beasley’s Broken Front Concession, 4341 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall update the sign permit (Permit #16-125099) to reflect the location of the sign within the Driveway Visibility Triangle (DVT) and that the distance of 1.57 metresbetween the ground and the bottom of the sign shall be maintained. 2.That Condition 1 shall be completed prior to September 1, 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.” REPORT: The Committee of Adjustment met as a standing committee of City Council on Tuesday, June 20, 2017to consider oneapplication pursuant toChapter 630 (FENCES) of the City of Kitchener Municipal Codeand sixapplicationspursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code. These recommendationsarebeing forwarded to you on behalf of the Committee of Adjustment for your consideration. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendations 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 3. - 4 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 isalso 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 operatingas a Standing Committee of City Council. ACKNOWLEDGED BY: Michael May, DCAO Community Services Department 3. - 5