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HomeMy WebLinkAboutAdjustment - 1999-06-15 SIGCOA\1999-06-15-SIG N.doc COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 15, 1999 MEMBERS PRESENT: Messrs. W. Dahms, P. Kruse and A. Galloway. OFFICIALS PRESENT: Mr. L. Masseo, Intermediate Planner, Mr. R. Parent, Traffic & Parking Analyst and Ms. J. Billett, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 10:15 a.m. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 680 (Signs) 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 the Committee of the Whole and Council for final decision. The Chair explained that this Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendation will be forwarded to City Council on Monday, August 30, 1999 at 7:00 p.m. and the applicant may register with the City Clerk to appear at the meeting if desired. APPLICATIONS Submission No.: Applicant: Property Location: Le.qal Description: S 4/99 1325702 Ontario Inc. 218 Centennial Court Lot 13 & 14, Re.qistered Plan 1698 Appearances: In Support: Mr. M. Klein Pattison Outdoor Advertising 505 Kenora Ave. Unit 4 Hamilton ON LSE 3P2 Mr. P. Lublin c/o 1325702 Ontario Inc. 91 Hollinger Crescent Kitchener ON N2K2Y8 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to relocate an existing legal non-conforming billboard sign, at a reduced size of 3.04 m x 6.09 m (10 ft. x 20 ft.), from 218 Centennial Court to 6 m (19.68 ft.) east thereof. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to relocate an existing legal non- conforming billboard sign, at a reduced size of 3.04 metres x 6.09 metres (10 ft. x 20 ft.), at 218 Centennial Court to 6.0 metres (19.68 ft.) east thereof. COMMITTEE OF ADJUSTMENT 12 JUNE 15, 1999 1. Submission No.: S 4/99(Cont'd) Presently the billboard is located on private property, which has been vacant until now. The applicant is looking to relocate the billboard sign 6.0 metres to the east of its present location, on the same property, as a building permit has been issued for the property. The existing legal non- conforming location of the billboard as shown on the site plan would conflict with the proposed site development. In it's present location, the billboard sign is legal non-conforming as it is within 100 metres of another billboard sign however, all other regulations of the Sign By-law are being compiled with. The existing billboard has two sign faces at this location and the applicant advises that upon relocation of the billboard, one sign face will be removed. This will reduce the number of sign faces to one, and the size of the billboard to 3.04 m x 6.09 m which maintains the general intent and purpose of the by-law. The sign would comply in all other respects to the By-law. Accordingly, the impact of the variance is deemed to be minor and the impact on the surrounding properties is improved, with the reduction to one sign face. In general, the intent of legal non- conformity is that the non-conformity is eliminated. In this case, a step toward conformity is achieved by the reduction in number of sign faces. The Department of Business and Planning Services recommends approval of Application S 4/99 for the installation of a billboard sign on the same property having one sign face. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed the application and has no concerns or comments with respect to this submission. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections or concerns with respect to this submission. Mr. M. Klein appeared before the Committee and advised that he had received staff comments. In this regard, he stated that he wished to point out what he believed to be a misunderstanding of what the applicant is asking the Committee to approve. He noted that in the report of the Department of Business & Planning Services staff are recommending approval of the application for installation of a billboard sign on the same property having one sign face. He advised the Committee that currently there are two billboard signs on the same property, side-by-side, and both are double faced signs. He pointed out that one of the existing billboard signs will be completely removed and the applicant is requesting that the remaining double sided billboard sign be relocated 6 m to the east of its present location. He stated that staff's recommendation to approve a one sign face is incorrect as the existing sign is double sided. The Chair inquired of Mr. Klein if it was his understanding that both of the existing billboard signs were legal non-conforming and Mr. Klein responded that was correct. The Chair inquired if staff had any concerns with the request to relocate the one remaining billboard sign with a double sided face and Mr. L. Masseo responded that staff would have no objection. Mr. P. Kruse stated that he was prepared to move approval of the application, as amended to allow installation of a billboard sign on the subject property having a double sided face. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of 1325702 Ontario Inc. requesting permission to relocate an existing legal non-conforming billboard sign, having a double sign face, at a reduced size of 3.04 m x 6.09 m (10 ft. x 20 ft.), from 218 Centennial Court to 6 m (19.68 ft.) east thereof on the same property, on Lots 13 & 14, Registered Plan 1698, 218 Centennial Court, Kitchener, Ontario BE APPROVED. COMMITTEE OF ADJUSTMENT 13 JUNE 15, 1999 1. Submission No.: S 4/99(Cont'd) 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 the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried The Chair pointed out to Mr. Klein that the decision of the Committee is a recommendation to Council which will be considered at the Council meeting of June 21, 1999, at 7:00 p.m., in the Council Chamber and advised that he may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Dated at the City of Kitchener this 15th day of June, 1999. J. Billett Secretary-Treasurer Committee of Adjustment