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HomeMy WebLinkAboutAdjustment - 2013-12-10 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 10, 2013 MEMBERS PRESENT: Messrs. D. Cybalski,A. Head,A. Lise, B. McColl and Ms.J. Meader. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Pimentel, Traffic Technologist, Ms. D. Saunderson, Secretary-Treasurer, and Ms. 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 a variance to the City of Kitchener Fence By-law. The Committee will not make a decision on this application 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 27, 2014, 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 2013-005 Applicants: Lisa Turner Property Location: 2 Sweet William Street Legal Description: Part Block 10, Registered Plan 58M-267, being Part 184 on Reference Plan 58R-13912 Appearances: In Support: C. Thorn Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing 1.82m (6') high wooden privacy fence having a setback from an exterior side lot line abutting a street of 0.45m (1.476') rather than the required 1.5m (4.92'). The Committee considered the report of the Planning Division, dated December 3, 2013, advising that the subject property is located on the south-east corner of the intersection of Activa Avenue and Sweet William Street and the property contains a single family dwelling. The zoning is Residential Four (R-4) with Special Provision 286R, and the Official Plan Designation is Low Rise Residential. The applicant is requesting permission to legalize an existing 1.82 metre (6 ft) high wooden privacy fence, which is located 0.45 metres (1.47 ft) from the side lot line abutting Activa Avenue rather than the required 1.5 metres (4.93 ft). In considering the requested variance to the Fence By-law, Planning staff offers the following comments. The proposed variance does not meet the intent of the Fence By-Law. The intent of the 1.5 metre (4.93 ft)setback from an exterior side lot line for fences between 0.9 metres (2.95 ft)and 1.8 metres (6 ft) in height is to provide an adequate buffer between public space and tall fences. The buffer is required for aesthetic purposes in order that a tall fence does not create COMMITTEE OF ADJUSTMENT 13 DECEMBER 10, 2013 1. Submission No.: FN 2013-005 (Cont'd) a wall effect by being located too close to, or adjacent to, a sidewalk or other public space. It is noted that there is a bus stop on the boulevard adjacent to the subject fence. Providing a buffer enhances the appearance of the streetscape and creates a public realm that is pedestrian friendly. Staff is of the opinion that there is limited space to provide an adequate buffer for landscaping and other streetscape softening measures. The proposed variance is not considered minor. The setback would normally provide an area for landscaping, such as shrubs or plants, in order to soften the look of the fence. However, in this case there is limited area between the fence and the lot line to provide adequate landscaping. Staff is of the opinion that the fence negatively impacts the streetscape and therefore cannot be considered minor. As noted on the drawing attached to the application, the fence will be located outside the 7.5 metre (24.6 ft) corner visibility triangle and therefore there are no concerns in regards to pedestrian or traffic safety. It is noted that there is a fence on a neighbouring property at 75 Donnenwerth Drive. The fence has a similar height and is located the same distance from the property line. Staff have reviewed the records for 75 Donnenwerth Drive and advise that the fence received minor variance (Corner Lot Application CLF-041) through the special fence exemptions that were granted to corner lot property owners City-wide in 2008. These exemptions were one-time only for non-complying fences that met certain conditions at that time. Based on the foregoing, Planning staff does not consider the variance to be appropriate for the development of the property or the surrounding streetscape and recommends that the application be refused. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2013, advising that they have no concerns with this application. In response to questions, Mr. B. Bateman advised that the fence on the neighbouring property has a similar height and is located at the same distance from the property line. He stated that the fence received minor variance approval through the special fence exemptions that were given out to corner lot property owners City-wide in 2008. He indicated that the subject fence is similar in nature to that of the neighbouring property; however, staff have taken a similar position with corner lot fence applications and thus are recommending refusal of the subject application. In response to questions, Ms. C. Thorn advised that her family constructed the fence after purchasing the property in August 2013. She stated that they did not consult with the City prior to building the fence; rather, they constructed it to mimic the fence on the neighbouring property. Mr. B. McColl advised that the Committee has approved applications similar to this in the past, the approval typically includes a condition requiring the applicant to complete a landscaping plan and install landscaping between the fence and the lot line to improve the aesthetics of the streetscape. Mr. McColl put forward a motion to approve application FN 2013-005 including a condition to require the applicant to receive approval of a landscape plan from the City's Director of Planning and to install and maintain the approved landscaping as per the approved plan. In response to questions, Mr. Bateman advised that, although the space between the fence and the sidewalk is not significantly large, staff can work with the applicant to provide options for landscaping that would be suitable for the landscaping strip. Moved by Mr. B. McColl Seconded by Mr.A. Lise COMMITTEE OF ADJUSTMENT 14 DECEMBER 10, 2013 1. Submission No.: FN 2013-005 (Cont'd) That the application of Lisa Turner requesting permission to legalize an existing 1.82m (6) high wooden privacy fence having a setback from an exterior side lot line abutting Activa Avenue of 0.45m (1.476') rather than the required 1.5m (4.92'), on Part Block 10, Registered Plan 58M-267, being Part 184 on Reference Plan 58R-13912, 2 Sweet William Street, Kitchener, Ontario, BE APPROVED,subject to the following condition. 1. That the owner shall submit and obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the exterior side lot line abutting Activa Avenue. All landscaping shall be maintained in accordance with the approved landscape plan. It is the opinion of this Committee that: 1. The variance approved in this application is 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 10:04 a.m. Dated at the City of Kitchener this 10th day of December,2013. Dianna Saunderson Secretary-Treasurer Committee of Adjustment