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HomeMy WebLinkAboutAdjustment - 2012-04-17 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 17, 2012 MEMBERS PRESENT: Messrs. D. Cybalski and A. Lise and Ms. J. Meader OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst, Ms. D. Saunderson, Secretary-Treasurer, Ms. J. Billett, Committee Administrator and Ms. L. Garovat, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 9:59 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, May 14, 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 2012-003 Applicants: Angela and Michael Arand Property Location: 207 Kenneth Avenue Legal Description: Lot 120, Plan 914 Appearances: In Support: A. & M. Arand 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'); and, permission to locate the fence 0.5m (1.64`) from the front lot line rather than the 1.5m (4.92`) that is required. The Committee considered the report of the Planning Division, dated March 30, 2012, advising that the subject property contains a single detached dwelling and is located at the southwest corner of the Kenneth Avenue and Franklin Street North intersection. The applicants wish to build a 1.8 metre high wood fence to provide a private and safe play area for their children. The applicants are requesting relief from Section 630.5.1 a of the Fence By-Law to permit a 1.8 meter high wood fence in the front yard whereas the bylaw only permits fences to be a maximum height of 0.9 metres in the front yard. In considering the requested variances to the Fence By-law, Planning staff offer the following comments. In the case of this property, the front yard is located between the building and the Franklin Street North lot line. It is acknowledged that the front entrance and fapade of this building face Kenneth Avenue. However as defined by Section 4.2 of Zoning Bylaw 85-1, the front lot line of a corner lot is the shorter of the two lot lines abutting a street; and the front yard is the area between the building and the front lot line. COMMITTEE OF ADJUSTMENT Submission No. FN 2012-003 (Cont'd APRIL 17, 2012 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 is to ensure that the fence does not impede traffic and pedestrian visibility. The applicants have indicated the 7.5 metre Corner Visibility Triangle (CVT) on their drawing and shows that the proposed fence will not impede into the CVT. It should be noted that fences are not required to be set back from the property line in front yards and may be located up to the property line. However, without the 0.5 metre setback from Franklin Street North, the fence would impede into the CVT. Also, with respect to the intent to preserve neighbourhood aesthetics, staff believes that Franklin Street North will continue to be pedestrian friendly since there will remain a separation of 1.5 metres between the sidewalk and the proposed fence. The variance is appropriate for the development and use of the land. The area to be secluded by the proposed fence is used by the applicants as a private outdoor amenity area, which is typically located in rear or side yards. Due to the specific characteristics of this property and the technicality of definition in the bylaw, the "front yard" contains the private amenity area. To provide the needed privacy for this amenity area, staff is in support of the request for an increase in the allowed height of the fence. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 10, 2012, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Angela and Michael Arand 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'), as per the plans submitted with the application, on the property municipally addressed as 207 Kenneth Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 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 Chapter 630 (Fences) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:02 a. m. Dated at the City of Kitchener this 17th day of April, 2012. Dianna Saunderson Secretary-Treasurer Committee of Adjustment