HomeMy WebLinkAboutAdjustment - 2003-05-20 FN COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 20, 2005
MEMBERS PRESENT: Messrs. S. Kay, P. Kruse 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 10:00 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 630 (Fence) 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, June 16, 2003, 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:
Leqal Description:
FN 2003-002
Lee Charpentier
11 Buerkle Court
Lot 69, Registered Plan 58M-226
Appearances:
In Support:
Mr. L. Charpentier
Contra: None
Public Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant requests permission to have the front yard of this
property considered the side yard abutting a street, to allow for the construction of a 1.5 m (5 ft.)
high fence to be located 1.5 m (5 ft.) from the lot line along Buerkle Court.
The Committee noted the comments of the City's Planning Division, dated May 12, 2003, in
which staff advise that technically the westerly side of the property, where the proposed fence is
to be located, is the front yard. Fencing in the front yard is limited to a maximum height of 0.9 m
to ensure visibility and sight lines are not compromised, and to provide an aesthetically pleasing
streetscape. Staff are of the opinion that the proposed fence will in no way impact vehicular or
pedestrian movements on the subject property or neighbouring properties. Further, the 1.5 m
setback will provide adequate green area between the fence and street for an attractive green
space which will lessen the visual impact. They recommended approval of the application on
the condition that the height of any future fence in the actual "sideyard abutting a street" be
limited to 0.91 m.
COMMITTEE OF ADJUSTMENT 6 MAY 20, 2003
Submission No.: FN 2003-002(Cont'd)
The Committee considered written submissions following public agencies advising they have no
concerns with, or comments on, this application:
· Grand River Conservation Authority, dated May 12, 2003,
· Region of Waterloo Transportation Planner, dated May 13, 2003, and,
· City's Director of Building, dated May 13, 2003.
Moved by Mr. P. Kruse
Seconded by Mr. D. Cybalski
That the application of Lee Charpentier requesting permission to have the front yard of this
property considered the side yard abutting a street, to allow for the construction of a 1.5 m (5 ft.)
high fence to be located 1.5 m (5 ft.) from the lot line along Buerkle Court on Lot 69, Registered
Plan 58M-226, 11 Buerkle Court, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the variance as approved in this application shall apply to the proposed fence and
location generally as shown on the plan submitted with this application.
2. That the maximum height of any fence in the "sideyard abutting a street" shall be 0.91 m
(3 ft.).
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 630
(Fence) is being maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:05 a.m.
Dated at the City of Kitchener this 20th day of May, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment