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HomeMy WebLinkAbout2016-04-19 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 19, 2016 MEMBERS PRESENT: Messrs. D. Cybalski, Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, 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 10:02 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, May 16, 2016 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 2016-001 Applicants: Heidi and Ralph Labusch Property Location: 35 Bishop Court Legal Description: Lot 39, Plan 1202 Appearances: In Support: R. Labusch M. Murdock Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing wood fence located in the rear yard of a single detached dwelling on the southerly lot lines abutting Ottawa Street North having a height of 3.048m (10’) rather than the permitted maximum height of 2.4m (7.874’). The Committee considered the report of the Planning Division, dated April 11, 2016 advising the subject property is zoned Residential Three (R-3) in By-law 85-1 and has an Official Plan (OP) designation of Low Rise Residential (current OP) and Low Rise Residential (new OP – under appeal). The applicant is requesting permission to legalize an existing wood fence located in the rear yard of a single detached dwelling on the southerly lot lines abutting Ottawa Street North having a height of 3.048 metres (10 ft.) rather than the permitted maximum height of 2.4 metres (7.874 ft.). The applicant added onto the pre-existing fence to create the 3.048-metre high fence in order to create a visual barrier and provide noise mitigation from the high-volume of traffic that uses Ottawa Street South at the rear of their property. The variance meets the intent of the Fence by-law and can be considered minor. The intent of the regulation for fence height is to ensure a fence does not create an exceedingly high wall effect on the property or surrounding streetscape. Though the fence exceeds the maximum COMMITTEE OF ADJUSTMENT APRIL 19, 2016 - 2 - Submission No.: 1. FN 2016-001 (Cont’d) height by 0.65 m (2.125 ft.), it is located along a high-traffic primary arterial road which has a width of approximately 36 metres (118.1 ft.) and therefore the impact of this higher fence is minimal along the streetscape. It is also noted that the impact of the fence is softened by vegetation on the Regional lands beside the fence. The Region has no concerns with the proposed variance. The variance is appropriate for the development and use of the land and surrounding streetscape. The applicant notes the fence has provided for some reduction of noise from traffic and also added privacy to people using the backyard. Therefore, the occupants have benefitted and now enjoy use of the backyard. As noted above, the impact of the fence on the streetscape is minimal. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 1, 2016, advising they have no concerns with this application. Messers. R. Labusch and M. Murdock were in attendance in support of the subject application and the staff recommendation. Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of Heidi and Ralph Labusch requesting permission to legalize an existing wood fence located in the rear yard of a single detached dwelling on the southerly and south- easterly lot lines abutting Ottawa Street North, having a height of 3.048m (10’) rather than the permitted maximum height of 2.4m (7.874’), as per the plans submitted with the application, on Lot BE APPROVED 39, Plan 1202, 35 Bishop Court, Kitchener, Ontario, . 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 10:03 a.m. Dated at the City of Kitchener this 19th day of April, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment