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HomeMy WebLinkAboutAdjustment - 2002-10-02 SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 10, 2002 MEMBERS PRESENT: Messrs. P. Kruse, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:10 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, September 16, 2002, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS Submission No.: Applicant: Property Location: Le.qal Description: SG 2002-010 Petro-Canada/TDL Group Ltd. 197 Frederick Street Part Lots 1 to 3 and Part Lot 5, Registered Plan 392 Appearances: In Support: Mr. Gary Wright, Wright-Dietrich Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground sign having a 1 m (3.28 ft.) setback from the lot line adjacent to Frederick Street rather than the required 3 m (9.84 ft.); a maximum height of 3 m (9.84 ft.) rather than the permitted 1.5 m (4.92 ft.); and a maximum sign area of 3.25 m2 (34.98 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 September 4, 2002 - in support, in accordance with the drawings submitted with the application and provided no other freestanding ground or pylon signs are erected on the property; 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. Mr. P. Kruse reviewed the comments, noting that staff are recommending approval of the application subject to no other freestanding ground or pylon signs being erected on the property. COMMITTEE OF ADJUSTMENT 22 SEPTEMBER 10, 2002 Submission No.: SG 2002-010 (Cont'd) Mr. Gary Wright, Wright-Dietrich, agent for the applicant, advised that he had reviewed the comments and was in agreement with the recommendation contained therein. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Petro-Canada/TDL Group Ltd. requesting permission to erect a ground sign setback 1 m (3.28 ft.) from the lot line adjacent to Frederick Street rather than the required 3 m (9.84 ft.); a maximum height of 3 m (9.84 ft.) rather than the permitted 1.5 m (4.92 ft.); and a maximum sign area of 3.25 m2 (34.98 sq. ft.) rather than the permitted 3 m2 (32.29 sq. ft.), on Part Lots 1 to 3 and Part Lot 5, Registered Plan 392, 197 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-010. 2. That no other freestanding ground or pylon signs shall be permitted on the property. 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. 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 2002-011 Conestoga College of Applied Arts & Technology 299 Daan Valley Drive Part Lots 9 & 10, Beasley's Old Survey and Part Unnumbered Biehn's Tract Appearances: In Support: Mr. Barry Milner, Conestoga College Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to locate a total of 7 signs consisting of 3 existing fascia signs, 2 existing ground signs and 2 new ground signs on the subject property, rather than the permitted 2 signs; and permission for the 2 new ground signs to be setback 0 m from the lot line adjacent to Daan Valley Drive rather than the required 3 m (9.84 ft.) and each having a maximum sign height of 1.82 m (6 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 4, 2002 - in support, in accordance with the drawings submitted with the application; 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 23 SEPTEMBER 10, 2002 Submission No.: SG 2002-011(Cont'd) Mr. P. Kruse reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Milner had anything further to add. Mr. Milner advised that he had reviewed the comments and had nothing further to add. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Conestoga College of Applied Arts & Technology requesting permission to locate a total of 7 signs consisting of 3 existing fascia signs, 2 existing ground signs and 2 new ground signs on the subject property, rather than the permitted 2 signs; and, permission for the 2 new ground signs to be setback 0 m from the lot line adjacent to Doon Valley Drive rather than the required 3 m (9.84 ft.) and each having a maximum sign height of 1.82 m ( 6 ft.) rather than the permitted 1.5 m (4.92 ft.); on Part Lots 9 & 10, Beasley's Old Survey and Part Unnumbered Biehn's Tract, 299 Doon Valley Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-011. 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. 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 2002-012 City of Kitchener/Lawrence Bingeman 1464 Victoria Street North/Lackner Boulevard Extension Part Lot 123, German Company Tract, designated as Part 1 Reference Plan 58R-2024 on Appearances: In Support: Mr. Lawrence Bingeman Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to locate a 3rd party pylon sign on City-owned lands having a partial panel within the required sign clearance; a 0 m setback from the lot line adjacent to the future extension of Lackner Boulevard rather than the required 0.4 m (1.31 ft.); and an electronic message board on the sign to be located 14 m (45.93 ft.) from the intersection of Victoria Street North and Lackner Boulevard rather than the required 23 m (75.45 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division September 4, 2002 - in support, in accordance with the drawings submitted with the application and subject to deleting the variance for a 0 m setback from the future extension of Lackner Boulevard as it is not required and subject to an encroachment agreement and sign permit being obtained; COMMITTEE OF ADJUSTMENT 24 SEPTEMBER 10, 2002 Submission No.: SG 2002-012 (Cont'd) 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. Mr. P. Kruse reviewed the comments, noting that staff are recommending that the application be amended respecting the setback from the future extension of Lackner Boulevard. He noted that it is staff's opinion that by applying for a third party sign this variance is not required as the proposed sign location will exceed the minimum required setback even though not located on the applicant's property. Mr. Lawrence Bingeman advised that he had reviewed the staff comments and was in agreement with the recommendation contained therein. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of the City of Kitchener (Lawrence Bingeman) requesting permission to erect a 3rd party pylon sign having a partial panel within the required sign clearance and an electronic message board on the sign to be located 14 m (45.93 ft.) from the intersection of Victoria Street North and Lackner Boulevard, rather than the required 23 m (75.45 ft.), on Part Lot 123, German Company Tract, designated as Part 1 on Reference Plan 58R-2024, 1464 Victoria Street North/Lackner Boulevard extension, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall be generally in accordance with the plans submitted with Sign Variance Application, SG 2002-012. 2. That the owner shall obtain a sign permit prior to installing the sign. That the owner shall receive Council approval to locate the 3rd party sign on City- owned lands and shall enter into an appropriate encroachment agreement to the satisfaction of the City Solicitor. 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. 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 2002-013 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 The Chair advised that the Committee was in receipt of correspondence dated September 9, 2002 from Mr. Vance Oestreich requesting deferral of this application. By general consent, it was agreed that this application would be deferred to the Committee's meeting to be held on October 22, 2002. COMMITTEE OF ADJUSTMENT 25 SEPTEMBER 10, 2002 ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Dated at the City of Kitchener this 10th day of September, 2002. J. Billett, AMCT Secretary-Treasurer Committee of Adjustment