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HomeMy WebLinkAboutCA - 2018-06-19 - FN & SGCOMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:18 a.m. Present: Mr. D. Cybalski, Chair Mr. A. Head Mr. B. McColl Officials: Ms. J. von Westerholt, Senior Planner Ms. F. Hosseini, Traffic Planning Analyst Mr. C. Dumart, Junior Planner 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, June 25, 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 2018-002 Applicant: Jim and Julie Misasi Property Location: 66 Inwood Drive Legal Description: Part Lot 23, Plan 793, being Part 1 on Reference Plan 58R-17164 Appearances: In Support: J. Misasi Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a wooden fence having a height of 1.82m in the northerly side yard located Om from the lot line abutting Glasgow Street rather than the required 1.5m. The Committee considered Development Services Department report DSD -18-045 dated June 12, 2018, recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated June 6, 2018, advising they have no concerns with this application. Mr. J. Misasi was in attendance in support of the subject application, stating he was in opposition to the staff recommendation to refuse his variance request. He noted there is significant room between his property and the sidewalk and it was his preference to maximize the use of his property. He stated if the Committee approved the application he would be willing to install landscaping on the exterior of the fence, including the portion owned by the City, at his own expense. He circulated photos of the subject property, indicating that with the catch basin being located at the rear of his property, it would be less onerous to install the fence on the property line due to the grade changes. He further advised the fence is also intended as a security measure due to the location of some of the bedrooms in his home. The Chair noted staff had provided an alternate recommendation in the staff report and questioned whether the applicant would be willing to amend his application to locate the fence 0.6m from the property line rather than Om he had originally requested. Mr. Misasi stated it would be his preference to receive the variance as requested; however, if the Committee was not willing to approve his original request of Om, he would be willing to amend his application to accept the staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -12- CITY OF KITCHENER Submission No.: FN 2018-002 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of JULIE and JAMES MISASI requesting permission to construct a wooden fence having a height of 1.82m in the northerly side yard located 0.6m from the lot line abutting Glasgow Street rather than the required 1.5m, on Part Lot 23, Plan 793, being Part 1 on Reference Plan 58R-17164, 66 Inwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 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 site lot line abutting Glasgow Street. All landscaping shall be completed by October 31, 2018 and shall be maintained in accordance with the approved landscape plan. It is the opinion of this Committee that: The variance approved in this application is 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 '. [r] 1Ie1» [Nei 101 Ll 10 Submission No.: SG 2018-006 Applicant: Europro (Kitchener) GP Inc. Property Location: 101-127 Frederick Street/40 Weber Street East Legal Description: Part Lots 2 and 4 to 9, Part Lot 38, Streets and Lanes, Part Lot 169, Plan 364 Appearances: In Support: P. Toronchuk C. Gray Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground -supported sign having 65% (12.67 sq.m.) of the sign area being changing copy rather than the permitted maximum sign area of 30% (5.83 sq. m.) The Committee considered Development Services Department report DSD -18-046 dated June 11, 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 June 13 2018, advising although they have no concerns with this application, they noted the sign and its foundation must be located completely on the private property, and any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development)s) prior to the issuance of a building permit. Mr. P. Toronchuk and Ms. C. Gray were in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -13- CITY OF KITCHENER 1. Submission No.: SG 2018-006 (Cont'd) Mr. B. McColl questioned the overall size of the sign and whether it was in compliance to the By- law. Ms. J. von Westerholt confirmed that was her understanding. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of EUROPRO (KITCHENER) GP INC. requesting permission to replace the existing sign with a ground -supported sign having 65% (12.67 sq.m.) of the sign area being changing copy rather than the permitted maximum sign area of 30% (5.83 sq.m.), on Part Lots 2 and 4 to 9, Part Lot 38, Streets and Lanes, Part Lot 169, Plan 364, 101-127 Frederick Street/40 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit the Planning Division by September 30, 2018. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 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 2. Submission No.: SG 2018-007 Applicant: St. James Rosemount United Church Property Location: 171 Sherwood Avenue Legal Description: Lots 77 to 82, Lots 92 to 96 and Part Lot 97, Plan 841 Appearances: In Support: D. Bird J. Bird Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground -supported sign with two adjoining sign faces having automatic changing copy to be located 52m from a residential zone rather than the required 100m; to have the civic address located on a decorative end piece connecting the two sign faces whereas the By-law requires the civic address to be on each sign face; to legalize a second existing ground -supported sign having a height of 1.55m to encroach into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit signs having a height over 0.9m to encroach into the DVT; a distance separation from another ground - supported sign of 32m rather than the required distance separation of 50m; and, to permit the sign identified in the application as "Sign 2" to not contain the civic address whereas the By-law requires the address to be identified on ground -supported signs. The Committee considered Development Services Department report DSD -18-047 dated June 12, 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 June 6, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -14- CITY OF KITCHENER 1. Submission No.: SG 2018-007 (Cont'd) Mr. D. Bird and Ms. J. Bird were in attendance on behalf of the property owner in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of ST JAMES ROSEMOUNT UNITED CHURCH requesting permission to install a ground -supported sign with two adjoining sign faces having automatic changing copy to be located 52m from a residential zone rather than the required 100m; to have the civic address located on a decorative end piece connecting the two sign faces whereas the By-law requires the civic address to be on each sign face; to legalize a second existing ground - supported sign having a height of 1.55m to encroach into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit signs having a height over 0.9m to encroach into the DVT; a distance separation from another ground -supported sign of 32m rather than the required distance separation of 50m; and, to permit the sign identified in the application as "Sign 2" to not contain the civic address whereas the By-law requires the address to be identified on ground -supported signs, on Lots 77 to 82, Lots 92 to 96 and Part Lot 97, Plan 841, 171 Sherwood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11 pm and 6 a.m. 4. That the owner shall fulfil the above noted Conditions 1 to 3 no later than October 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 the decision. Failure to fulfil these conditions will result in this approval becoming null and void; and, 5. That the owner shall acknowledge that, as there is a smaller ground -supported sign located in the Driveway Visibility Triangle (DVT), the City of Kitchener reserves the right to remove the sign at any time if required, at the owner's expense. It is the opinion of this Committee that: 1. The variances approved in this application are 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 10:26 a.m. Dated at the City of Kitchener this 19th day of June, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment