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HomeMy WebLinkAboutAdjustment - 1997-03-25 SIGCOA\1997-03-25-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 25, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. Mr. J. Willmer, Intermediate Planner, Mr. R. Morgan, Co-ordinator, Zoning Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 680 of the City of Kitchener Municipal Code. The Committee will not make a decision on this application but rather will make a recommendation which will be forwarded to Committee of the Whole and Council for final decision. APPLICATIONS 1. Submission No. S 1/97 - John P. Logel, 116 Bridge Street East, Kitchener, Ontario Re: Part 1, Reference Plan 58R-2110, 116 Bridge Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Schill 410 Hillside Street Waterloo, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE OTHERS: Ms. K. Rees & Mr. J. Brenner 214 Tagge Cr. Kitchener, Ontario The Committee was advised that the applicant is requesting permission to erect a pylon sign accessory to this legal non-conforming business. The sign would be erected within the fenced area. Currently this property is zoned residential and pylon signs are not permitted in a residential zone. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to erect a pylon sign accessory to the legal non-conforming scrapyard business. The sign would be erected within the fenced area. Currently the land upon which the sign will be placed is zoned residential and pylon signs are not permitted. The requested variance was deferred from the meeting of February 25, 1997 as at that time the City had no evidence that the existing business was in fact legal non-conforming. Sufficient evidence has now been obtained and the existing business can now be considered legal non-conforming. A small portion of the front of the property is zoned Residential 3 (R-3) with the remainder of the property being zoned Existing Use (E-l). The residentially zoned parcel is considered legal non-conforming with respect to use, while on the remaining E-1 zoned lands the use is considered legal. The property was COMMITTEE OF ADJUSTMENT 4 MARCH 25, 1997 previously zoned Light Industrial under By-law 85. The area surrounding the subject site is characterized by a mixture of parkland and commercial/industrial uses to the west and residential uses to the north and east. 1. Submission No. S 1/97 -John P. Loqel- cont'd It is the opinion of staff that the requested variance is appropriate for the existing use of the subject site and would not adversely affect the surrounding properties as the sign would not be out of character for the area. Additionally, the sign submitted with this request complies with the regulations set out in the sign by-law for pylon signs. Based on the above, the requested variance can be considered minor in nature and the general intent of the sign by-law is being met. The Department recommends approval of the application. The applicant is reminded that a sign permit will be required. The Committee noted the comments of Ms. E. Caston, Senior Resources Planner, Grand River Conservation Authority in which she advised that the Authority has no objection to the erection of a pylon sign, subject to the issuance of a Fill, Construction and Alteration To Waterways Permit from the Authority for any Construction located within the floodplain. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed sign location. The Committee noted the written submission of Ms. K. Rees & Mr. J. Brenner in which they advised that they are not opposed to the sign, provided it is no higher than 19 ft. and no wider than 8 ft.; it is erected within the fenced area; it is not externally lit and it has no flashing or running lights. The Chairman referred to the letter received from Ms. Rees & Mr. Brenner and questioned Mr. Schill as to whether the sign would comply with their requested conditions. Mr. Schill advised that the sign does meet all their requirements. Moved by Mr. A Galloway Seconded by Mr. W. Dahms That the application of John P. Logel requesting permission to erect a pylon sign accessory to a legal non-conforming business on Part 1, Reference Plan 58R-2110, 116 Bridge Street East, Kitchener, Ontario BE APPROVED subject to the following condition: That the variance as approved in this application shall apply to the proposed sign only in the location as shown on the submitted site plan. 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. The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) are being maintaned on the subject property. Carried ADJOURNED On Motion, the meeting adjourned at 9:45 a.m. Dated at the City of Kitchener this 25th, day of March 1997. COMMITTEE OF ADJUSTMENT 5 MARCH 25, 1997 D. H. Gilchrist Secretary-Treasurer Committee of Adjustment