Loading...
HomeMy WebLinkAbout2015-05-19 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 19, 2015 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner; Mr. D. Seller, 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 one application 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 recommendations which will be forwarded to the Committee of the Whole and Council for final decisions. 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 recommendation will be forwarded to City Council on Monday, June 1, 2015 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.: 1. FN 2015-001 Applicant: Richard and Danielle Wagner Property Location: 255 Briarmeadow Drive Legal Description: Block 47, Registered Plan 58M-190 Appearances: In Support: R. & D. Wagner Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a wooden fence having a height of 1.82m (6’) located 0.23m (0.754’) from the exterior side lot line abutting Tisdale Court rather than the required setback of 1.5m (4.921’). The Committee considered the report of the Planning Division, dated May 6, 2015 advising that the subject property located at 255 Briarmeadow Drive is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The owner is proposing to replace an existing 1.52 metre high chain link fence with a 1.82 metre high wooden fence located approximately in the same location. Corner Lot Fence Application (CLF- 088) was approved in 2008 to allow a 1.52 metre high chain link fence to be located less than 1.5 metres from the side lot line abutting a street. The property has changed ownership since Application CLF-088 was approved and the current owner is proposing to increase the height of the fence and replace the chain link fence with a wooden fence. The owner is requesting relief from Section 630.5.1.c (ii) of the City of Kitchener Fence By-law to allow a wooden fence 1.82 metres in height to be located 0.23 metres from the side lot line abutting a street rather than the required 1.5 metre setback. In considering the requested variance 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 1.5 metre setback from a lot line abutting a street for fences with a maximum height of 1.82 metres is to ensure that the fence does not impede traffic and pedestrian visibility. The owner is proposing to replace the COMMITTEE OF ADJUSTMENT MAY 19, 2015 - 2 - Submission No.: 1.FN 2015-001 (Cont’d) existing chain link fence with a 1.82 metre high wooden fence that will be located 0.23 metres from the lot line abutting the street. The reduced setback of 0.23 metres from the lot line abutting the street should not create a visibility issue for vehicles or pedestrians since there will be a 3.8 metre grass/landscape buffer between the street and the proposed fence location which will allow for an unobstructed view for pedestrians and vehicles, making the variance appropriate. Transportation Services has no concerns with the proposed variance. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 30, 2015, advising that they have no concerns with this application. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of the Richard and Danielle Wagner requesting permission to install a wood fence having a height of 1.82m (6’) located 0.23m (0.754’) from the exterior side lot line abutting Tisdale Court rather than the required setback of 1.5m (4.921’), on Block 47, Registered Plan BE APPROVED 58M-190, 255 Briarmeadow Drive, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Manager of Site Development and Customer Service by August 1, 2015. 2. That the 1.82 metre high wooden fence shall not be built within the 4.5 metre Driveway Visibility Triangle (DVT) for the neighbouring property municipally address as 7 Tisdale Court. 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 10:02 a.m. Dated at the City of Kitchener this 19th day of May, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment