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HomeMy WebLinkAboutCA - 2018-01-16 - SG & FN COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:02 a.m. Present: Mr. D. Cybalski Mr. B. McColl Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk. The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee’s recommendations will be forwarded to City Council on Monday, January 29, 2018 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: FENCE APPLICATION 1. Submission No.: FN 2018-001 Applicant: Carolyn Vander Schaaf Property Location: 197 Simon Street Legal Description: Lot 59, Plan 284 Appearances: In Support: C. Vander Schaaf R. Enns Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered Community Services Department report CSD-18-005 dated January 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 2, 2018, advising they have no concerns with this application. Ms. C. Vander Schaaf and Mr. R. Enns were in attendance in support of the subject application and staff recommendation. In response to a question regarding the fence construction, Mr. Enns noted he had made certain assumptions regarding the Fence By-law prior to construction, which proved to be incorrect. Ms. P. Kohli suggested, and it was agreed, that Condition 1 as outlined in the staff report be amended to include wording to indicate two elevation drawings were submitted with the subject application. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 2 - CITY OF KITCHENER 1. Submission No.: FN 2018-001 (Cont’d) That the application of Carolyn Vander Schaaf requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 59, Plan 284, 197 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure wooden fence boards obstructing visibility within the Driveway Visibility Triangle (DVT) are removed, creating openings for visibility as per the two elevation drawings included with Application FN 2018-001. This measure shall be completed by April 30, 2018. 2. That the owner shall ensure openings in the fence as detailed in Condition 1 be maintained in perpetuity; otherwise this decision becomes null and void. It is the opinion of this Committee that: 1. The variances approved in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 630 (Fences) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried SIGN APPLICATION 1. Submission No.: SG 2018-001 Applicant: McDonald’s Restaurants of Canada Ltd. Property Location: 431 Highland Road West Legal Description: Part Lot 38, Registered Plan 786, being Part 2 on Reference Plan 58R-1089 Appearances: In Support: D. Pearce Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to remove and replace a ground-supported sign having a height of 9.14m rather than the permitted maximum height for a ground-supported sign of 7.5m. The Committee considered Community Services Department report CSD-18-006 dated January 5, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 2, 2018, advising they have no concerns with this application. The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated December 21, 2017 stating a minimum horizontal distance setback of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. Ms. D. Pearce was in attendance in support of the subject application and staff recommendation. She noted although the height of the proposed sign is slightly higher than the existing sign, the area of the proposed sign is smaller than what is in existence this date. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 3 - CITY OF KITCHENER 1. Submission No.: SG 2018-001 (Cont’d) Mr. D. Cybalski noted the comments from Kitchener-Wilmot Hydro Inc. He stated no conditions were requested, indicating the comments were for information only. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of McDonald's Restaurants of Canada Ltd. requesting permission to remove and replace a ground-supported sign having a height of 9.14m rather than the permitted maximum height for a ground-supported sign of 7.5m, on Part Lot 38, Registered Plan 786, being Part 2 on Reference Plan 58R-1089, 431 Highland Road 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 complete Condition 1 prior to September 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. 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. Carried ADJOURNMENT On motion, the meeting adjourned at 10.13 a.m. Dated at the City of Kitchener this 16th day of January, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment