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HomeMy WebLinkAboutAdjustment - 2002-10-22 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 22, 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. B. Sloan, Planner, Mr. Ken Mayer, Co- ordinator of Traffic & Planning and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:07 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, November 4, 2002, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS Submission No.: Applicant: Property Location: Legal Description: SG 2002-013 Vance Oestreich 81 Cameron Street North Part Lots 11 to 15, Plan 233, designated as Part 19 on Reference Plan 58R-11058 and Part 2 on Reference Plan 58R-12136 Appearances: In Support: Mr. Vance Oestreich Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to allow 2 existing signs to remain mounted, one above the other, on a fence located on the subject property which by regulation of the Sign By-law are not permitted to be mounted on a fence. The dimensions of the signs is 0.91 m x 1.52 m (3 ft. x 5 ft. - top sign) and 0.3 m x 0.91 m (1 ft. x 3 ft. - bottom sign). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - August 26, 2002 - opposed; revised comments of October 16, 2002 - in support as amended to permit a ground sign setback 0.4 m from the side lot line abutting a street; The following had no concerns or comments with respect to this application: · Director of Building - August 22, 2002 · Traffic & Parking Analyst - September 5, 2002 · Region of Waterloo - August 29, 2002 · Grand River Conservation Authority - September 4, 2002. COMMITTEE OF ADJUSTMENT 29 OCTOBER 22, 2002 Submission No.: SG 2002-013 (Cont'd) Ms. S. Kay reviewed the comments, noting that the applicant has requested the application be amended to permit a ground sign on the subject property having a 0.4 m (1.3 ft.) setback from the side lot line abutting Weber Street East. In response to a question from Mr. Kay, Mr. Vance ©estreich clarified that the sign will be located directly in front of the fence, rather than on the fence, in the same general area as marked on the plan submitted with the application. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of Vance ©estreich requesting permission to erect a ground sign on the subject property having a 0.4 m (1.3 ft.) setback from the side lot line adjacent to Weber Street East, rather than the required 3 m (9.84 ft.), on Part Lots 11 to 15, Plan 233, designated as Part 19 on Reference Plan 58R-11058 and Part 2 on Reference Plan 58R-12136, 81 Cameron Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested 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 Submission No.: Applicant: Property Location: Legal Description: SG 2002-015 Dr. Richard Beyers 275 Lancaster Street West Lots 112 to 114 inclusive, Registered Plan 318 Appearances: In Support: Dr. Richard Beyers Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to locate a ground sign on the southeasterly corner at Lancaster Street West and Arnold Street, setback 1 m (3.28 ft.) from the lot line rather than the required 3 m (9.84 ft.) and having a maximum sign height of 1.6 m (5.24 ft.) rather than the permitted 1.5 m (4.92 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - September 24, 2002 - in support, as amended to permit a setback of 0.8 m and for the sign to be located within the corner visibility triangle; The following had no concerns or comments with respect to this application: · Director of Building - September 23, 2002 · Traffic & Parking Analyst - September 25, 2002 · Region of Waterloo - September 25, 2002 · Grand River Conservation Authority - September 24, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending the application be amended to permit the sign to be setback 0.8 m from Lancaster Street and to be located within the corner visibility triangle. Dr. Richard Beyers advised that he was in agreement with the recommendation of staff. COMMITTEE OF ADJUSTMENT 30 OCTOBER 22, 2002 2. Submission No.: SG 2002-015 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of Dr. Richard Beyers requesting permission to erect a ground sign having a 0.8 m (2.82 ft.) setback from the lot line adjacent to Lancaster Street West, a sign height of 1.8 m (5.24 ft.), rather than the permitted 1.5 m (4.92 ft.), and to be located within the corner visibility triangle, on Lots 112 to 114, Registered Plan 318, 275 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-015. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Committee then recessed the meeting, temporarily, at 9:14 a.m., to consider the remainder of minor variance and consent applications as listed on the Committee's Unfinished Business Agenda. This meeting reconvened at 10:50 a.m. NEW BUSINESS Submission No.: Applicant: Property Location: Legal Description: SG 2002-016 Mikelan Investments/Sleep-Eze Discount 2959 King Street East Part Lot 14, Registered Plan 958 Mr. S. Kay declared a pecuniary interest in this application as his law firm has acted on behalf of the applicant and did not participate in any discussion or voting with respect to this application. Mr. Kay left the meeting and Mr. P. Britton Chaired the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Mr. Michael Gaudreau, React Signs Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing ground sign setback 0.91 m (3 ft.) from the front lot line rather than the required 3m (9.84 ft.) and a maximum sign area of 3.7 m2 (39.82 sq. ft.), rather than the permitted 3 m2 (32.29 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 16, 2002 - in support; COMMITTEE OF ADJUSTMENT 31 OCTOBER 22, 2002 Submission No.: SG 2002-016 (Cont'd) · The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 7, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. P. Britton reviewed the comments, noting that staff are recommending approval of the application. Mr. Michael Gaudreau advised that he had reviewed the comments and had nothing further to add. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of Mikelan Investments/Sleep-Eze Discount requesting permission to legalize an existing ground sign setback 0.91 m (3 ft.) from the front lot line, rather than the required 3 m (9.84 ft.) and a maximum sign area of 3.7 m2 (39.82 sq. ft.), rather than the permitted 3 m2 (32.29 sq. ft.), on Part Lot 14, Registered Plan 958, 2959 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are 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 10:55 a.m. Dated at the City of Kitchener this 22nd day of October, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment