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HomeMy WebLinkAboutAdjustment - 2005-10-11 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 11 ~ 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Parking Analyst and Ms. D. Gilchrist, Secretary-Treasurer & Ms. T. Kraemer, Administrative Clerk. Mr. D. Cybulski, 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 (Sign) 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 fence 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, October 24, 2005, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1 . Submission No.: Applicant: Property Location: Leaal DescriDtion: SG 2005-012 Max Becker Enterprises Limited Fischer Hallman Road Block 2, Reaistered Plan 58M-288 Appearances: I n Support: Mr. V. Bender Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a pylon sign with a maximum height of 8 m (26.25 ft.) rather than the permitted maximum of 7.5 m (24.61 ft.), having a maximum sign area of 22 sq. m. (236.8 sq. ft.) rather than the permitted maximum of 20 sq. m, (215.29 sq. ft.), to construct stonework 1.3 m (4.27 ft.) high which is within the 2.44 m (8 ft.) clearance area required from grade to the bottom of the sign, and to contain non- accessory advertising for a multi-tenant building located at 325 Max Becker Drive and 1187 Fischer Hallman Rd, whereas the Sign By-law does not permit non-accessory signage. The Committee considered the report of the Development and Technical Services Department, dated October 5, 2005, advising there are no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. The Committee reviewed correspondence from Kitchener-Wilmot Hydro Inc., dated October 7, 2005, in which they advise the applicant of Ontario Regulation 22/04 and the Occupational Health and Safety Act, suggesting the applicant may want to adjust the location of the sign to maintain the required clearances. Mr. Bender explained there will be a fence and noise barrier between the sign and adjacent residential properties. With respect to any effects the illumination of the sign may have on adjacent residential properties, the Committee was advised the elevation of the subject property COMMITTEE OF ADJUSTMENT 19 OCTOBER 11, 2005 1. Submission No.: SG 2005-012 (Cont'd) is lower than the residential properties, so the illumination probably will not bother the residential neighbours. Mr. Bender further advised a sign of this size is proportional to the site and the buildings on it. Further, a similar sign on the other side of the property was already approved by this Committee and Council, and they act as gate posts to the site. Further, he advised there will now be sufficient signage on site to accommodate the needs of the larger anchor tenants and he does not anticipate the owner requiring any further sign variances. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Max Becker Enterprises Limited requesting permission to erect a pylon si~n with a height of 8 m (26.25 ft.) rather than the permitted 7.5 m (24.61 ft.), a sign area of 22 m (236.8 sq. ft.) rather than the permitted 20 m2, (215.29 sq. ft.), to construct stonework 1.3 m (4.27 ft.) high within the 2.44 m (8 ft.) required clearance between the bottom of the sign and grade, and permission for this sign to contain non-accessory advertising for a multi-tenant building at 325 Max Becker Drive and 1187 Fischer Hallman Road, whereas non-accessory signage is not permitted, on Block 2, Registered Plan 58M-288, Fischer Hallman Road, Kitchener, Ontario, BE APPROVED subject to the following condition: 1. That the non-accessory signage shall be limited to those tenants occupying the overall development. 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 2. Submission No.: Applicant: Property Location: Leaal DescriDtion: SG 2005-013 Waterloo Catholic District School Board 35 Weber Street West Part Lots 1 -5 & 7 , Reaistered Plan 401 Appearances: I n Support: Mr. B. Gurney Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a ground sign located 0.4 m (1.31 ft.) from a lot line abutting a street rather than the required minimum of 3 m (9.84 ft.), to have a sign area of 3.72 sq. m. (40.04 sq. ft.) rather than the permitted maximum of 3 sq. m. (32.29 sq. ft.), and to have a maximum height of 1.8 m (5.91 ft.) rather than the permitted maximum of 1.5 m (4.92 ft.). The Committee considered the report of the Development and Technical Services Department, dated October 5, 2005, advising there are no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. Mr. Gurney advised this building is jointly used by the Catholic School Board and the City of Kitchener. They can not meet the sign by-law requirements because of the need to advertise COMMITTEE OF ADJUSTMENT 20 OCTOBER 11, 2005 2. Submission No.: SG 2005-013 (Cont'd) both uses, including their logos. They have been through several revisions for this sign, and it is as compact as it can be. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of the Waterloo Catholic District School Board requesting permission to erect a ground sign having a height of 1.8 m (5.91 ft.) rather than the permitted 1.5 m (4.92 ft.), and an area of 3.72 m2 (40.04 sq. ft.) rather than the permitted 3 m2 (32.29 sq. ft.), to be located 0.4 m (1.31 ft.) from the lot line abutting the street rather than the required 3 m (9.84 ft.), on Part Lots 1-5 & 7, Registered Plan 401 , 35 Weber Street West, Kitchener, Ontario, BE APPROVED. 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 3. Submission No.: Applicant: Property Location: Legal Description: SG 2005-014 410 King Properties Limited 410 King Street West Lot 118, Part Lots 56-58, 110-117, 119 & Part of Lane, Register Plan 374, being Part 11, Reference Plan 58R-14293, Parts 1 & 2, Reference Plan 58R-14771 As no one appeared in support of this application the Committee agreed to defer its consideration of this application to its meeting scheduled for Tuesday, November 15, 2005. ADJOURNMENT On motion, the meeting adjourned at 10:23 a.m. Dated at the City of Kitchener this 11 th day of October, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment