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HomeMy WebLinkAboutAdjustment - 2012-06-19 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 19, 2012 MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst, Ms. J. Billett, Acting Secretary-Treasurer and Ms. L. Garovat, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:05 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 25, 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 2012-004 Applicants: Michael Bean Property Location: 154 Ann Street Legal Description: Part Lot 41, Plan 42 Appearances: In Support: Michael Bean Betty Bean Jack Bean Contra: Monique Schroevalier Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a stepped down fence adjacent to both side lot lines, having a height of 1.8m (5.9') from the corners of the house and the garage to a point "A" being 10.6m (34.78') from the front lot line; a height of 1.5m (4.93') from point "A" to a point "B" being 7.8m (25.59') from the front lot line; a height of 1.2m (3.94') from point "B" to a point "C" being 5m (16.4') from the front lot line; rather than the permitted height of 0.9m (2.96'). The fences will continue at the permitted height of 0.9m (2.96') from point "C" a distance of 5m (16.4') to the front lot line. The Committee considered the report of the Planning Division, dated June 6, 2012, advising that the subject property is located at 154 Ann Street, north of Fife Avenue. A single detached dwelling currently exists on site. The applicant is seeking relief from Section 630.4.1 (a) in the Municipal Code (Fence By-law), which states that a fence within the front yard of an interior lot shall not exceed a height of 0.91 metres. The applicant wishes to build two wooden fences in the front yard, 0.05 metres from each side lot line, for privacy, safety and aesthetic purposes. The height of the proposed fences will be stepped, starting at 1.8 metres in height and decreasing to 1.5, 1.2 and 0.9 metres as it reaches the front lot line. City Planning staff conducted a site inspection of the property on June 1, 2012 and observed that a health office operates as a home business on the neighbouring property, at 144 Ann COMMITTEE OF ADJUSTMENT 11 JUNE 19, 2012 Submission No.: FN 2012-004 (Cont'd Street. The driveway on 144 Ann Street is located adjacent to the proposed northern fence. In considering the requested variances to the Fence By-law, Planning staff offers the following comments. The variance meets the intent of the Fence By-law. 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. For traffic safety reasons, it is especially important that fences within the driveway visibility triangle (DVT) are not more than 0.9 metres in height. The sections of the fence that will be located within the DVTs on the subject property and the neighbouring property at 144 Ann Street are proposed to be 0.9 metres in height. The variance will therefore not pose a traffic visibility concern. The variance is appropriate for the development and use of the land. In his submission, the applicant notes that he is concerned about the neighbour's dogs and the number of cars that are frequently parked at the neighbouring properties. It is the opinion of staff that the staggered design of the fences will soften the visual impact of the fences on the streetscape and allow the property owner to enjoy the use of his land in privacy and safety. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 4, 2012, advising that they have no concerns with this application. Ms. Monique Schroevalier attended in opposition to the proposed fence variance, advising that she owns property adjacent to 154 Ann Street and her driveway is adjacent to the north side of the proposed fence. She advised that she has a health office for massage therapy operating from her dwelling and suggested that the number of clients attending her business is not significant cause for concern. She raised concerns with the height of portions of the fence, suggesting that it would create a wind break that would result in snow drifting and piling up in her driveway. She further pointed out that her home is setback farther from the street line and raised concerns that the fence would reduce site visibility from the front of her home and adversely impact the enjoyment of her property by eliminating all views to the south. Ms. Schroevalier also raised concerns with reduced access for emergency vehicles and suggested the size of the fence would create a negative impact to the aesthetics of the streetscape. She stated that it was her understanding the City has policy to create a pedestrian friendly City, expressing the opinion that approval of the fence variance would be counter to that policy and if allowed, would encourage applications by other residents to construct similar fencing. Mr. Michael Bean stated that he had talked with the neighbours prior to this meeting and no reference to their concerns relating to the health business were made known at that time. He pointed out that the rationale for the way in which the fence is proposed to be constructed is laid out in the staff report and City staff is recommending approval of the application. Mr. A. Head questioned how maintenance of the side yard is to be accommodated between the 1m distance between the fence and the existing garage. Mr. Bean advised that there will be a gate opening at the front corner of the garage into the rear of the subject property to allow access for maintenance of the side yard. Mr. B. McColl commented that staff have indicated in their report that there is no issue with traffic visibility and from the photographs submitted with the application, it appears the proposed fence will be attractive and built of good quality. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Michael Bean requesting permission to construct a stepped down fence adjacent to both side lot lines, having a height of 1.8m (5.9') from the corners of the house and the garage to a point "A" being 10.6m (34.78') from the front lot line; a height of 1.5m (4.93') from point "A" to a point "B" being 7.8m (25.59') from the front lot line; a height of 1.2m (3.94') from point "B" to a point "C" being 5m (16.4') from the front lot line; rather than the permitted height of 0.9m (2.96'), on Part Lot 41, Plan 42, 154 Ann Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 12 JUNE 19, 2012 Submission No.: FN 2012-004 (Cont'd That the variances as approved shall be in accordance with the drawings submitted with Fence Variance Application, Submission No. FN 2012-004. 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 10:15 a.m. Dated at the City of Kitchener this 19th day of June, 2012. Janet Billett Acting Secretary-Treasurer Committee of Adjustment