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HomeMy WebLinkAboutAdjustment - 2005-01-11 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 117 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. Brent, Assistant Secretary-Treasurer, and Ms. D. Gilchrist, Secretary-Treasurer Mr. P. Britton, Chair, called this meeting to order at 10:00 a.m. This meeting of the Committee of Adjustment sitting 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 these applications 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 the Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendations will be forwarded to City Council on Monday, January 31, 2004, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. Mr. P. Britton then declared a pecuniary interest in both Sign Variance Applications, as his firm has undertaken work in the past, for the New Apostolic Church; although not involved in the current application, and is planning consultant for Max Becker Enterprises. He did not participate in any discussion or voting on these two Sign Variance Applications. Mr. Janecki chaired the meeting during consideration of these applications. NEW BUSINESS Submission No.: Applicant: Property Location: Legal Description: SG 2004-001 New Apostolic Church Canada 160 Margaret Avenue Lots 518-521 & Part Lots 515-517 & 522-526, Plan 376 and Part Lot 38, Streets & Lanes Appearances: In Support: Ms. S. Levant Mr. C. Wiesel Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of an existing ground sign with automatic changing copy that is located 24 m (78.74 ft.) from a residential zone rather than the required 150 m (492.12 ft.), 14 m (45.93 ft.) from an intersection rather than the required 23 m (75.45 ft.), and having a height of 2.26 m (7.41 ft.) rather than the maximum of 1.5 m (4.92 ft.). The Committee considered the report of the Development and Technical Services Department, dated January 5, 2005, recommending approval of this application, provided the electronic automatic changing copy sign is limited to an area of 0.33 sq. m, a height of 0.3 m and is constructed generally in accordance with the plans submitted. COMMITTEE OF ADJUSTMENT 2 JANUARY 11, 2005 Submission No.: SG 2004-001 (Cont'd) The Committee noted the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, in which they advise they have no concerns with this application. Ms. Levant requested the application be approved, as recommended by City staff. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of New Apostolic Church Canada requesting legalization of an existing ground sign with automatic changing copy located 24 m (78.74 ft.) from a residential zone rather than the required 150 m (492.12 ft.), 14 m (45.93 ft.) from an intersection rather than the required 23 m (75.45 ft.), and having a height of 2.26 m (7.41 ft.) rather than the permitted 1.5 m (4.92 ft.) on Lots 518-521 & Part Lots 515-517 & 522-526, Plan 376, and Part Lot 38, Streets & Lanes, 160 Margaret Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the electronic automatic changing copy portion of the sign shall be limited to an area of 0.33 sq. m and a height of 0.3 m and the sign shall be constructed generally in accordance with the plans submitted with this application. 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. The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: SG 2005-002 Max Becker Enterprises Limited 1187 Fischer-Hallman Road Block 1, Re.qistered Plan 58M-307 Appearances: In Support: Mr. V. Bender Contra: None Written Submissions: None The Committee was advised that the applicant requests a variance to allow a pylon sign height of 8 m (26.24 ft.) instead of the maximum 7.5 m (24.6 ft.), a sign face area of 22 sq. m. (72.17 sq. ft.) instead of the maximum 20 sq. m. (215.28 sq. ft.) and a closed sign base obstruction of 1.3 m (4.2 ft.) in height within the required 2.4 m (7.87 ft.) sign clearance from the ground. The sign is for a new Sobey's plaza. The Committee considered the report of the Development and Technical Services Department, dated January 5, 2005, recommending approval of this application, provided the sign is constructed generally in accordance with the plans submitted. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, in which they advise they have no concerns with this application. The Committee considered correspondence from the Kitchener-Wilmot Hydro dated January 10, 2005, advising of safety standards established by Ontario Regulation 22/04, and the Occupational Health and Safety Act, for the benefit of the applicant. COMMITTEE OF ADJUSTMENT 3 JANUARY 11, 2005 2. Submission No.: SG 2005-002 (Cont'd) Mr. B. Sloan advised the sign must have a minimum setback of 0.4 m from the property line, and, to the best of his knowledge, power lines are located on public property. Mr. Bender advised the sign will be located outside the daylight triangle, and a minimum of 1 m from the lot line. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Max Becker Enterprises Limited requesting permission to erect a pylon sign having a height of 8 m (26.24 ft.) rather than the permitted 7.5 m (24.6 ft.), a sign face area of 22 m2 (72.17 sq. ft.) rather than the permitted 20 m2 (215.28 sq. ft.) and a closed sign base obstruction of 1.3 m (4.2 ft.) in height within the required 2.4 m (7.87 ft.) sign clearance from the ground, on Block 1, Registered Plan 58M-307, 1187 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the sign generally as shown on the plans submitted with this application, provided the sign is setback a minimum of 0.4 m from the property line. 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. The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 11th day of January, 2005. Dianne H. Gilchrist Secretary-Treasu rer Committee of Adjustment