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HomeMy WebLinkAboutAdjustment - 2005-11-15 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 15~ 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Ms. D. Gilchrist, Secretary- Treasurer & Ms. T. Kraemer, Administrative Clerk. Mr. P. Britton, Chair, called this meeting to order at 9:35 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 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, November 28, 2005, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS 1 . Submission No.: Applicant: Property Location: Legal Description: SG 2005-014 410 King Properties Limited 410 King Street West Lot 118, Pt Lots 56-58, 110-117, 119 & Pt of Lane RP 374, being Pt 11, Reference Plan 58R-14293 and Pts 1 & 2, Reference Plan 58R- 1 4771 Appearances: I n Support: Mr. A. Smith Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect 7 banner signs whereas the Sign By-law does not permit signs. The Committee considered the report of the Development and Technical Services Department, dated October 5, 2005, advising they have no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2005, advising the proposed temporary banners on Victoria Street will overhang the Victoria Street road allowance which would not normally be permitted. He stated that if the City of Kitchener will indemnify the Region of Waterloo, they would have no objections to these encroachments. Upon questioning by the Committee, Mr. Smith advised the banners are for marketing purposes for Phase 2 of their building. The existing banners on the Phase 1 portion of the building are still required, as there are still a few units in Phase 1 to be sold. Mr. Smith estimated the Phase 1 banners will be required until the summer of 2006, and Phase 2 banners will be required for 1 year. COMMITTEE OF ADJUSTMENT 22 NOVEMBER 15, 2005 1. Submission No.: SG 2005-014 (Cont'd) With respect to the letter from the Region concerning indemnification, the Chair commented that it would not be appropriate to have the City indemnify the Region, as City taxpayers would have to pay the cost. Mr. Smith responded that he would discuss this matter with the property owner's insurers to see if they could indemnify the Region. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of 410 King Properties Limited requesting permission to erect 7 temporary vinyl banner signs on the King Street and Victoria Street elevations; whereas the Sign By-law does not permit banner signs, on Lot 118 and Part Lots 56-58, 110-117 & 119, and Part of Lane Closed, Registered Plan 374, being Part 11, Reference Plan 58R-14293 and Parts 1 & 2, Reference Plan 58R-14771, 410 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That all the temporary vinyl banner signs on this building, for both Phase 1 and Phase 2, shall be removed no later than 1 year from the date of this decision. 2. That the owner shall provide indemnification and insurance satisfactory to the Regional Municipality of Waterloo for the banners. 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 ADJOURNMENT On motion, the meeting adjourned at 9:40 a.m. Dated at the City of Kitchener this 15th day of November, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment