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HomeMy WebLinkAboutAdjustment - 2011-12-13 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 13, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski, B. McColl, A. Head and A. Lise OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. D. Saunderson, Acting Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and H. Dyson, Administrative Clerk Mr. D. Cybalski, 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 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, January 16, 2012, 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.: FN 2011-003 Applicant: Marcelino Jiron & Noemi Rivera Property Location: 865 Strasburg Road Legal Description: Lot 264, Plan 1349 Appearances: In Support: M. Jiron Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a wooden fence located in the front yard, having a height of 1.8m (5.9') rather than the permitted height of 0.9m (2.95'). The Committee considered the report of the Planning Division, dated November 22, 2011, advising that the subject property is municipally addressed as 865 Strasburg Road and is located on the southeast corner of the intersection of Strasburg Road and Old Country Drive. The property is zoned Residential Three (R-3) in the City's Zoning By-law 85-1 and designated as Low Rise Residential in the City's Official Plan. The applicant is seeking relief from Section 630.4.1. of the Fence By-law (Chapter 630 of the Municipal Code) to permit a fence in the front yard that is 1.8 metres in height whereas 0.9 metres is permitted. The owner has constructed the fence after consulting with Planning staff. The owner advised Planning staff that they have recently purchased the property and had to erect the fence immediately to accommodate for extenuating circumstances regarding their son. Planning staff advised that they are generally supportive of the fence (proposed at the time) and advised the owner of the risks involved with constructing the fence prior to approval by the Committee of Adjustment. COMMITTEE OF ADJUSTMENT 12 DECEMBER 13, 2011 Submission No.: FN 2011-003 (Cont'd) In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The existing single detached dwelling is situated towards Strasburg Road. According to Section 630.1.8 of the Fence By-law, the front yard means a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of the main building on the lot, and the shortest line abutting the street is the front lot line. The maximum height of a fence in a front yard is 0.9 metres. Although technically a front yard as defined in the By-law, the lands adjacent to Old Country Drive function as a side yard abutting street (referred to as an exterior side yard in the Fence By-law). Section 630.5.1 (c) (ii) allows for a fence in an exterior side yard to be 1.82 metres (6 feet) in height if setback at least 1.5 metres, but less than 4.57 metres, from the street line. The fence is setback more than 1.5 metres and less than 4.57 metres from the street line along Old Country Drive is not more than 1.8 metres in height. The existing trees and landscaping are between the fence and the sidewalk, and act as an appropriate buffer. The variance meets the intent of the Fence By-law and can be considered minor. The intent of the 0.9 metre height restriction for a fence located in a front yard abutting a street is to ensure that the fence does not impede traffic and pedestrian visibility. The height restriction is also intended to provide neighbourhood aesthetics and create pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape for the neighbourhood. It is Planning staffs opinion that the proposed fence variance is appropriate and would not have any adverse affect on the pedestrian realm along Old Country Drive. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 1, 2011, advising that they have no concerns with this application. Mr. M. Jiron advised that since submitting his application fora Minor Variance he has constructed the fence prior to receiving the Committee's approval. He stated that he is the parent of a special needs child and the fence is required to provide him a safe outdoor amenity space. He provided the Committee photos of the constructed fence and a letter from the Ministry of Children and Youth Services, outlining his son's needs. He noted that he was in support of staff's recommendation. The Chair questioned whether there should be a condition added limiting the approval to the current property owner. Ms. J. von Westherholt stated that she was satisfied with staffs recommendation and limiting the approval to the current owner was not required. Moved by Mr. A. Head Seconded by Mr. A. Lise That the application of Marcelino Jiron & Noemi Rivera requesting legalization of an existing wooden fence located in the front yard, having a height of 1.8m (5.9') rather than the permitted height of 0.9m (2.95'), on Lot 264, Plan 1349, 865 Strasburg Road, BE APPROVED. It is the opinion of this Committee that: 1. The variances approved in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 630 (Fences) of the City of Kitchener Municipal code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 13 DECEMBER 13, 2011 ADJOURNMENT On motion, the meeting adjourned at 10:03 a. m. Dated at the City of Kitchener this 13th day of December, 2011. Dianna Saunderson Acting Secretary-Treasurer Committee of Adjustment