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HomeMy WebLinkAbout2015-08-18 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 18, 2015 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Technologist; Mr. L. Bensason, Coordinator of Cultural Heritage Resources; Ms. S. Parks, Heritage Planner; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:04 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, September 14, 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 2015-002 Applicant: Greg Moore Property Location: 223 Claremont Avenue Legal Description: Lot 9, Plan 872 Appearances: In Support: G. Moore K. Cameron Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a wooden fence having a height of 1.82m (5.971’) located 0.25m (0.82’) from the exterior lot line abutting Westmount Avenue rather than the required setback of 1.5m (4.921‘). The Committee considered the report of the Planning Division, dated August 4, 2015 advising that the subject property is located at the south-west intersection of Claremont Avenue and Westmount Road West, is designated Residential in the City’s Official Plan and is zoned Residential Two Zone (R-2) in the City’s Zoning By-law. It is noted that all fence posts and portions of the solid wood fence have been constructed. The applicant is requesting permission to construct a wooden fence having a height of 1.82 metres (5.971 ft) located 0.25 metres (0.82 ft) from the exterior lot line abutting Westmount Avenue rather than the required setback of 1.5 metres (4.921 ft). In considering the requested variance to the Fence By-law, Planning staff offers the following comments. The intent of the minimum 1.5 metre setback from an exterior side lot line for fences between 1.82 and 2.44 metres in height is to provide an adequate buffer space between pedestrians and tall fences. The buffer is necessary for pedestrian and vehicular safety, and for neighbourhood aesthetics. The City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The requested 0.25 metre setback COMMITTEE OF ADJUSTMENT AUGUST 18, 2015 - 4 - does not provide sufficient buffering between the pedestrian walkway and the fence, and thus does not maintain the intent of the By-law. For this reason, Planning staff cannot support the requested variance. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 4, 2015, advising that the wooden fence must be located on private property and outside of the 7.62m daylight triangle at the corner of Westmount Road West (RR #50) and Claremont Avenue. This daylight triangle may be required to be dedicated at any future development application on these lands. Mr. G. Moore was in attendance in opposition to the staff recommendation. He noted that the proposed fence is located 4m from the sidewalk and will be constructed to ensure that it does not impede any vehicle or pedestrian sight lines. He stated that he intends to install a pool in his rear yard and the fence is a necessity for safety reasons. Ms. J. von Westerholt advised that staff provided a brief history on corner lot fences within the City, noting that there was an amnesty granted in 2008 which greatly reduced the number of corner lot fences being considered by the Committee. She stated since that time staff have routinely taken a consistent approach with fence applications by recommending refusal. She noted that staff have provided an alternative recommendation within the report if the Committee deems the fence to be appropriate for the subject property with potential conditions for the approval. Mr. Moore noted that the Committee considered a fence application in May 2015 in which staff recommended approval and the proposed fence is very similar to what he intends to construct. He added the fence in that application was only 23 centimetres from the sidewalk. Ms. von Westerholt acknowledged that situation and advised that the reason staff had a favourable recommendation in that instance, was that the previous owner of the property received approval for a chain link fence through the amnesty period. She advised that the property was sold and the new owner wanted to change the fence to wood, adding the previous approval was granted specifically for the chain link fence. She further advised that due to the previous approval, staff position was a favourable recommendation. Mr. B. McColl advised that the Committee has considered applications of similar nature in the past and in this situation, the buffer between the fence and the sidewalk is quite significant, allowing the applicant to install landscaping to improve the streetscape. He stated in his opinion, the fence variance could be considered minor in nature. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Greg Moore requesting permission to construct a wooden fence having a height of 1.82m (5.971’) located 0.25m (0.82’) from the exterior lot line abutting Westmount Avenue rather than the required setback of 1.5m (4.921‘), on Lot 9, Plan 872, 223 Claremont BE APPROVED Avenue, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Planning Division by November1, 2015. 2. That the owner shall ensure that the fence is located outside of the Regional 7.62m (25’) Corner Visibility Triangle. 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 COMMITTEE OF ADJUSTMENT AUGUST 18, 2015 - 5 - ADJOURNMENT On motion, the meeting adjourned at 10:08 a.m. Dated at the City of Kitchener this 18th day of August, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment