HomeMy WebLinkAboutFCS-17-154 - Committee of AdjustmentStaff ReportiTC f I N R finance and Coroor 'te Services Department wmkitchen er ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 28, 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: 4, 6, 8 and 10
DATE OF REPORT: August 17, 2017
REPORT NO.: FCS -17-154
SUBJECT: Fence Variance - 410 Louisa Street and Sign Variances -
10 Chopin Drive, 401 New Dundee Road, 100 Rittenhouse Road,
305 Frederick Street and 19-23 Water Street North
RECOMMENDATION:
"That the application of Michelle Jennings and Andrew Vlcek (FN 2017-003 - 410 Louisa
Street) requesting permission to replace an existing wooden fence having a height of
1.82m located O.m from the side lot line abutting Edwin Street rather than the required
1.5m; and, to have a 0.2m encroachment into the Driveway Visibility Triangle (DVT)
whereas the By-law does not permit encroachments into the DVT, on Lot 52, Registered
Plan 671, 410 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
That the owner shall submit a landscape plan to the satisfaction of the Planning
Division; and, install the approved plantings.
2. That the owner shall complete Condition 1 above no later than October 1, 2017.
Any request to a time extension must be approved in writing by the Manager of
Development Review (or designate) prior to the completion date noted above.
Failure to fulfill these conditions will result in this approval becoming null and
void."
- and -
"That the application of City of Kitchener (SG 2017-008 - 10 Chopin Drive) requesting
permission to replace the existing sign with a ground -supported sign having automatic
changing copy to be located 9m from an intersection rather than the required 23m;
located 33m from a residential zone rather than the required 100m; and, having 51 % of
the sign area being changing copy rather than the permitted maximum area of 30%, on,
Block A, Plan 1295, Part Lots 4, 5 & 13 to 15, Plan 793 & Part Lot 27, Plan 404, 10
Chopin Drive, 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.
1. That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall ensure messages displayed on the automatic changing copy
portion of the sign remain static for at least 6 seconds.
3. 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.
4. That the owner shall complete Condition 1 above prior to December 31, 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."
W1ir!
"That the application of J.T. Risty Enterprises Inc. (SG 2017-009 - 401 New Dundee
Road) requesting permission to replace the existing sign with a ground -supported sign
having automatic changing copy to be located 41.057m from a residential zone rather
than the required 100m; and, to allow non -accessory third party advertising whereas the
By-law does not permit non -accessory third party advertising, on Part Lot 8, Beasley's
Old Survey, 401 New Dundee Road, Kitchener, Ontario, BE APPROVED, subject to the
following conditions -
1 .
onditions:
1. That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall ensure messages displayed on the automatic changing
copy portion of the sign remain static for at least 6 seconds.
3. 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.
4. That the owner shall complete Condition 1 above prior to December 31, 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 City of Kitchener (SG 2017-010 - 100 Rittenhouse Road)
requesting permission to replace the existing sign with a ground -supported sign having
automatic changing copy to be located 29m from a residential zone rather than the
required 100m; and, having a sign area of 4.16 sq.m. rather than the permitted 3 sq.m.,
on Block D & Part Block C, Plan 1416, 100 Rittenhouse Road, 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 messages displayed on the automatic changing
copy portion of the sign remain static for at least 6 seconds.
3. That the owner shall ensure automatic changing copy portion of the sign be
turned off between the hours of 10:00 p.s. and 6:00 a.m.
4. That the owner shall complete Condition 1 above prior to December 31, 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."
W1ir!
"That the application of 970781 Ontario Inc. (SG 2017-011 - 305 Frederick Street)
requesting permission to replace the existing sign with a ground -supported sign on a lot
having a width of 12.7m rather than the required 15m; and; a distance separation of
12.7m from another ground -supported sign rather than the required distance separation
of 15m, on Lot 3, Plan 197, 305 Frederick Street, Kitchener, Ontario, BE APPROVED,
subject to the following conditions -
1 .
onditions:
1. That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall ensure the maximum sign height is no greater than 1.8 metres
(6 ft.).
3. That the owner shall complete Conditions 1 and 2 above prior to February 1, 2018.
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 Church of St. John the Evangelist (SG 2017-012 - 19-23 Water
Street North) requesting permission to replace an existing ground -supported sign on the
subject property, currently Zoned D1, whereas the By-law does not permit ground -
supported signs to be located within a D1 Zone, on Lots 153 & 154 and Part Lot 155,
Plan 374, 19-23 Water Street North, Kitchener, Ontario, BE APPROVED, subject to the
following condition -
1 .
ondition:
1. That the owner shall obtain a sign permit from the Planning Division."
REPORT:
The Committee of Adjustment met as a standing committee of City Council on Tuesday,
August 15, 2017 to consider one application pursuant to Chapter 630 (FENCES) of the
City of Kitchener Municipal Code and five applications 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.
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
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