HomeMy WebLinkAboutAdjustment - 2011-05-17 FNCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 17, 2011
MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl
OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Ms. M. Wade, Heritage Planner, Mr. J.
Lewis, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer and
Ms. D. Saunderson, Administrative Clerk
Mr. D. Cybalski, Chair, called this meeting to order at 9:34 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 the City of Kitchener Fence By-law. 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 fence 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 13, 2011, 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.: FN 2011-002
Applicant: Victoria Ariens
Property Location: 300 Joseph Schoerg Crescent
Legal Description: Part Lot 12, Beasley's Broken Front Concession and Part
Block 12, Registered Plan 58M-400, being Parts 1, 3 and
4, Reference Plan 58R-15677
Appearances:
In Support: J. Ariens
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting legalization of a fence (stone wall)
having the height of 1.35m (4.43') to be setback Om from the driveway rather than outside the
4.57m (15') driveway visibility triangle.
The Committee considered the report of the Planning Division, dated May 11, 2011, advising
that the property is located at 300 Joseph Schoerg Crescent on the south side of the road in
the Pioneer Tower West planning community. The property contains a single detached
dwelling and an accessory building (commonly referred to as the drive shed). The property is
designated Low Rise Residential in the City's Official Plan. The property is zoned Residential
Two (R2) in By-law 85-1 and is subject to special regulation provisions 231R and 263R and
special use provisions 228U and 236U. The property is also designated under Part IV of the
Ontario Heritage Act and is subject to a Heritage Conservation Easement Agreement.
The applicant is proposing to convert the existing drive shed building to a garage in order to
provide two interior required parking spaces. The applicant has installed a driveway that leads
to the proposed garage and the same driveway extends east of the garage in order to provide
one required surface parking space and two additional parking spaces.
The applicant is requesting relief from the City's Fence By-law, Section 630.1.4 and Section
630.3.1 to allow a fence having a height of 1.35 metres to be setback 2.51 metres from a
COMMITTEE OF ADJUSTMENT 9 MAY 17, 2011
Submission No.: FN 2011-002 (Cont'd
driveway rather than outside the 4.57 metre Driveway Visibility Triangle.
The variance was considered by the Committee of Adjustment on April 19, 2011. The
Committee of Adjustment recommended deferral in order to allow an opportunity for the
applicant and staff to discuss alternatives. The applicant and staff have met and agreed to an
alternative.
The difference between the original application and the alternative is that a 2.51 metre
driveway visibility triangle will be provided. The 2.51 metre driveway visibility triangle will
include 2.00 metres of soft surface material and a 0.51 metre paving stone soldier course.
In considering the requested variance to the City's Fence By-law, Planning staff offer the
following comments.
The intent of Section 630.1.4 and Section 630.3.1 to ensure that a fence does not obstruct
pedestrian or vehicular traffic and to ensure that a fence does not obstruct the clear visibility of
a normal approaching pedestrian or vehicle.
It should be noted that a previous application (FN2008-013) approved a 1.5 metre high fence
and a 0.5 metre Driveway Visibility Triangle (DVT) for the drive shed access and a 3.0 metre
DVT for the driveway access. At the time of the previous application, the driveway on the east
side of the drive shed provided a full 4.57 metre DVT as required in the Fence By-law. Since
that time, the applicant has widened the driveway eastwards up to the edge of the fence. The
result is that the previous 4.57 metre DVT has been reduced to 0 metres. The applicant has
agreed to remove 2.0 metres of the driveway and to install a 0.51 soldier course at the edge of
the driveway in order to provide a 2.51 metre DVT.
The design and location of the fence in relation to the proposed driveway will not obstruct the
clear visibility of pedestrians and vehicles. Staff have confirmed that a 2.51 metre DVT can be
provided on the subject property and that a 3.5 metre DVT can be provided when both the
subject property and City boulevard are measured. A 3.5 metre DVT will provide clear and
unobstructed views for pedestrians and vehicles. As a result, it is the opinion of Planning staff
that the variance meets the intent of the Fence By-law and represents good planning and
should therefore be approved.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
April 4, 2011, advising that they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA),
dated April 8, 2011, advising that they will not provide comments on the above noted
applications as there is still and outstanding GRCA plan review fee from a previous application.
They note that the subject property contains steep slopes, erosion hazard, floodplain
associated with the Grand River and allowances adjacent to these features. Consequently,
the subject property is regulated by the GRCA under Ontario Regulation 150/60 (Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation).
Mr. Ariens advised that he represents the applicant but not as a hired planning professional.
He advised that since the previous meeting, staff and the applicant have found a suitable
alternative and he is in agreement with the staff recommendation.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Victoria Ariens requesting legalization of a fence (stone wall) having the
height of 1.35m (4.43') to be setback 2.51 m (8.23') from the driveway rather than outside the
4.57m (15') driveway visibility triangle, on Part Lot 12, Beasley's Broken Front Concession and
Part Block 12, Registered Plan 58M-400, being Parts 1, 3 and 4, Reference Plan 58R-15677,
300 Joseph Schoerg Crescent, BE APPROVED, subject to the following conditions:
COMMITTEE OF ADJUSTMENT 10 MAY 17, 2011
1. Submission No.: FN 2011-002 (Cont'd)
1. That the applicant shall remove 2.0 metres of the existing driveway and reinstate 2.0
metres of soft surface materials to the satisfaction of the Director of Transportation
Planning.
2. That the applicant shall remove 0.51 metres of the existing driveway and install a 0.51
metre paving stone soldier course.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan
is being maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 9:38 a. m.
Dated at the City of Kitchener this 17th day of May, 2011.
Dianne Gilchrist
Secretary-Treasurer
Committee of Adjustment
