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HomeMy WebLinkAboutAdjustment - 2003-11-18 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 18, 2005 MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Britton, Acting-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 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, December 15, 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 2003-003 Better Canada Homes Non-Profit Corporation 595 Greenfield Avenue Part Lot 2, Plan 961, being Part 3, Reference Plan 58R-5592 Appearances: In Support: Mr. I Arias Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to erect a 1.82 m (6 ft.) high chain link fence on the lot line along Kingsway Drive, and a 1.82 m (6 ft.) high chain link fence on the lot line along Greenfield Avenue, for a distance of 38.1 m (125 ft.) from the intersection, rather than the permitted 0.91 m (3 ft.) high fence. The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, recommending approval be given to this application, provided a 4.57 m corner visibility triangle is implemented at the corner of Greenfield Avenue and Kingsway Drive. Mr. Arias addressed the Committee advising he is in substantial agreement with the Development and Technical Services Department comments, and will provide the corner visibility triangle if required; however, as this will be a chain link fence, he didn't see the need. Mr. Arias further advised that there is a playground area at the corner of the property, and to provide the corner visibility triangle will reduce the playground area drastically. Mr. Sloan acknowledged that the playground area will be reduced and that this property has serious security issues, being located across the street from the Fairview Mall; however, the by- law requires a corner visibility triangle of 7.5 m, and staff are requesting a visibility triangle of only 4.57 m, on the condition that the fence material shall be chain link only. It was generally agreed that the application be amended to permit a reduction in the size of the corner visibility triangle. COMMITTEE OF ADJUSTMENT 8 NOVEMBER 18, 2003 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Better Canada Homes Non-Profit Corporation requesting permission to erect a 1.82 m (6 ft.) high chain link fence on the lot line along Kingsway Drive, and a 1.82 m (6 ft.) high chain link fence on the lot line along Greenfield Avenue, for a distance of 38.1 m (125 ft.) from the intersection, rather than the permitted 0.91 m (3 ft.) high fence, and a 4.57 m (15 ft.) corner visibility triangle at the corner of Greenfield Avenue and Kingsway Drive rather than the required 7.5 m (24.69 ft.) on Part Lot 2, Plan 961, being Part 3, Reference Plan 58R-5592, 595 Greenfield Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the fence as approved in this application shall be constructed of chain link. 2. That the owner shall provide a 4.57 m (15 ft.) visibility triangle at the corner of Greenfield Avenue and Kingsway Drive. 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 Submission No.: Applicant: Property Location: Leqal Description: FN 2003-004 Jason & Maigen Head 234 Holly Ridge Crescent Block 50, Registered Plan 58M-151 Appearances: In Support: Mr. & Mrs. J. Head Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to erect a 1.82 m (6 ft.) high fence on the lot line along Hidden Creek Crescent rather than the permitted 0.91 m (3 ft.) high fence. The Committee noted the comments of the Development & Technical Services Department, dated November 12, 2003, recommending this application be refused; as the fence can be located in compliance with the Fence By-law, and that a solid board fence in this location has the appearance of being a "wall" against the sidewalk. Mr. & Mrs. Head addressed the Committee explaining that the fence is necessary because they wish to install a swimming pool in the rearyard, which must be enclosed by a 5 ft. high non- climable fence. Also, being located on a corner lot, they need a secure area in which their children can play. Lastly, there is a community mail box immediately adjacent to their property, and a fence will keep out trespassers and the congregation of young people who gather at the mailbox. Mr. Head advised that prior to erecting the fence he contacted the City concerning requirements for fences around pools and was advised of the requirement for a 5 ft. high non-climable fence. He viewed other fences in the neighbourhood and found several that go out to the street. He also pointed out that the fence does not encroach into the visibility triangle at the street corner, nor at his neighbour's driveway. COMMITTEE OF ADJUSTMENT 9 NOVEMBER 18, 2003 Mr. B. Sloan noted that there has been a recent amendment to the City's Fence By-law which reduced the setback requirement for fences on corner lots, from 15 ft. to 5 ft. The 5 ft. setback still provides for some separation and landscaping between the fence and the sidewalk. Noting the location of the community mail box adjacent to the subject property, the Committee was generally supportive of a fence in this location. The Chair questioned whether Mr. & Mrs. Head would be willing to amend their application for a 5 ft. high fence, and they agreed to do so. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Jason & Maigen Head requesting permission for a 1.52 m (5 ft.) high fence on the lot line along Hidden Creek Crescent rather than the permitted 0.91 m (3 ft.) high fence, on Block 50, Registered Plan 58M-151,234 Holly Ridge Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condtion: 1. That the fence as approved in this application shall be located as shown on the plans submitted with this application, and shall have a maximum height of 1.52 m (5 ft.) It is the opinion of this Committee that: 1. The variance approved in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 18th day of November, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment