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HomeMy WebLinkAboutAdjustment - 2003-04-29 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 29, 2003 MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:05 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 Tuesday, May 20, 2003, 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: LeQal DescriDtion: SG 2003-005 CN Rail Line King Street West of Victoria Street Kinq Street West of Victoria Street Appearances: In Support: Russel Lane Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to erect an additional billboard face, for a total of 3 billboard faces rather than the permitted 2 billboard faces, to be located 107 m (351 ft.) from the closest billboard on another property rather than the required 300 m (984.25 ft.). The Committee considered the comments of the City's Planning Division, dated April 22, 2003, in which they recommended the application be refused, as staff are of the opinion that due to the high profile nature of the area, another billboard sign is not appropriate development, and the application is not in keeping with the intent of the City's Municipal Plan or Sign By-law. The Committee considered the written submissions from the following public agencies advising they have no concerns with, or comments on, this application: . Grand River Conservation Authority, dated April 22, 2003; . City's Director of Building, dated April 23, 2003; . City's Transportation Planning, dated April 22, 2003; and, . Region of Waterloo Transportation Planner, dated April 23, 2003. COMMITTEE OF ADJUSTMENT 4 APRIL 29, 2003 1. Submission No.: SG 2003-005 (Cont'd) The Committee considered the written submission of Mr. G. Woods, Development Review Co- ordinator, Canadian National Railway Properties Inc., dated April 15, 2003, advising they have no objection to the application, provided the sign does not interfere with site lines at any railway crossing. The Committee generally agreed to defer and refer consideration of this application to its May 20th meeting, pending the following: . A report from staff with respect to the legality of the existing billboard sign; . Information from the applicant as to whether they would be willing to remove their billboard sign across the street; . Information as to whether the billboard sign on this site could be a new double faced billboard sign rather than 2 single faced billboard signs; and, . Information on how the billboard sign would be upgraded and what landscaping the applicant would place around the sign. The Committee requested Mr. Lane work with staff in connection with providing the above information. 2. Submission No.: Applicant: Property Location: Legal Description: SG 2003-006 Mr. Barry Fitzgerald 380 Courtland Avenue East Part Lots 10 & 18, Registered Plan 768 Appearances: In Support: Russel Lane Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to erect a billboard sign to be located 79 m (259.18 ft.) from a Residential Zone rather than the required 130 m (426.5 ft.). The Committee considered the comments of the City's Planning Division, dated April 14, 2003, recommending approval of the application generally in accordance with the plan submitted with the application. The Committee considered the comments of Ms. B. Brown, Grand River Conservation Authority, dated April 22, 2003, advising that as the sign will be constructed on two posts, thereby not blocking the flow of water, the Authority has no objection to the construction of the proposed billboard, and will not require a Fill, Construction and Alteration to Waterways Permit. The Committee noted the written submissions of the following public agencies advising they have no comments on, or concerns with this application: . City's Transportation Planning, dated April 22, 2003; . City's Director of Building, dated April 23, 2003; and, . Region ofWatertoo Transportation Planner, dated April 23, 2003. COMMITTEE OF ADJUSTMENT 5 APRIL 29, 2003 2. Submission No.: SG 2003-006 (Cont'd) Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of 1484929 Ontario Ltd. (Barry Fitzgerald) requesting permission to erect a billboard sign to be located approximately 79 m (259.18 ft.) from a residential zone rather than the required 150 m (492.125 ft.) on Part Lots 10 & 18, Registered Plan 404,380 Courtland Avenue East, Kitchener, BE APPROVED, subject to the following conditions: 1. That the applicant shall obtain the required sign permit prior to erecting the billboard sign. 2. That the billboard sign shall be located generally in accordance with the plans submitted with the 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. 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 10:15 a.m. Dated at the City of Kitchener this 29th day of April, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment