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HomeMy WebLinkAbout2014-02-18 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 18, 2014 MEMBERS PRESENT: Messrs. D. Cybalski,A. Head and A. Lise. 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 10:08 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, March 3, 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 2014-001 Applicant: Zdravko and Momirka Mutlak Property Location: 3 Sandwell Court Legal Description: Lot 52, Registered Plan 58M-275 Appearances: In Support: Z., M. &S. Mutlak Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing wrought iron fence located 0.62m (2.034') from the side lot line abutting Briarmeadow Drive rather than the required 1.5m (4.92'); to be setback Om from the driveway rather than outside the required 4.57m (15') driveway visibility triangle; to be setback Om from the corner of the property at Sandwell Court and Briarmeadow Drive rather than outside the required 7.5m (24.606') corner visibility triangle; and, located within the front yard whereas the By-law does not permit fences within the front yard. The Committee considered the report of the Planning Division, dated February 5, 2014, advising that the subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. There is a single detached dwelling on the subject lands. There is an existing wrought iron fence on the subject property. At this time, the existing fence is located within the front yard, and is within both the Driveway Visibility Triangle and Corner Visibility Triangle. The fence is also located too close to the exterior side yard property line given its existing height. The owner is also requesting the following fence minor variances: 1. Relief from Section 630.3.1.b of the City of Kitchener Fence By-law to allow a fence to be built that would obstruct the clear visibility of normal approaching pedestrian and vehicular traffic; COMMITTEE OF ADJUSTMENT -2- FEBRUARY 18,2014 1. Submission No.: FN 2014-001 (Cont'd) 2. Relief from Section 630.4.1.a of the City of Kitchener Fence By-law to allow a fence to be built in a front yard at a height of 1.01 metres rather than 0.91 metres. 3. Relief from Section 630.5.1.c (i)of the City of Kitchener Fence By-law to allow a fence to be located 0.62 metres from an exterior side-yard at a height of 1.01 metres rather than a setback of 1.5 metres. 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), and corner visibility triangle (CVT) are not more than 0.9 metres in height. The sections of the fence that will be located within the DVT and CVT on the subject property are made of a material that allows pedestrians and drivers to see through it and maintain an adequate level of visibility. The variances will therefore not pose a traffic visibility concern. The variance is appropriate for the development and use of the land. It is the opinion of staff that the iron fence will enhance the visual impact of 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 February 4, 2014, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr.A. Head That the application of Zdravko & Momirka Mutlak requesting permission to legalize an existing wrought iron fence located 0.62m (2.034')from the side lot line abutting Briarmeadow Drive rather than the required 1.5m (4.92'); to be setback Om from the driveway rather than outside the required 4.57m (15')driveway visibility triangle;to be setback Om from the corner of the property at Sandwell Court and Briarmeadow Drive rather than outside the required 7.5m (24.606') corner visibility triangle; and, located within the front yard having a height of 1.01m (3.13') whereas the By-law does not permit fences within the front yard exceeding 0.9m (2.95'), on Lot 52, Registered Plan 58M-275, 2 Sweet William Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall remove the existing tree located within the 7.5m corner visibility triangle by May 30,2014. 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 10:09 a.m. Dated at the City of Kitchener this 18th day of February, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment