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HomeMy WebLinkAbout2016-05-17 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 17, 2016 MEMBERS PRESENT: Messrs. D. Cybalski and Mr. B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr. A. Pinnell, Planner; Ms. D. Saunderson, Secretary-Treasurer and Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:10 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 6, 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 2016-002 Applicants: David and Cindy Baker Property Location: 357 Falling Green Crescent Legal Description: Lot 71, Registered Plan 58M-563 Appearances: In Support: D. Schnider Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a wrought iron fence having a height of 1.8m (5.906’) located 0.6m (1.969’) from the side lot line abutting Falling Green Crescent rather than the required 1.5m (4.921’) setback. The Committee considered the report of the Planning Division, dated May 6, 2016 advising the subject property is zoned Residential Four (R-4) with Special Provisions 604R, 605R, and 612R, and is designated Low Density Residential One in the Rosenberg Secondary Plan. The owner is requesting relief from Section 630.5.1.c (ii) of the City of Kitchener Fence By-law to allow a wrought iron fence 1.8 metres in height to be located 0.6 metres from the side lot line abutting a street rather than the required 1.5 metres 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 metre is to ensure the fence does not impede traffic and pedestrian visibility. The owner is proposing to erect a 1.82 metre high wrought iron fence that will be located 0.6 metres from the lot line abutting the street. The fence material will be wrought iron which is more transparent than a wooden fence, making it less likely to pose a visual obstruction. Also, this will not create a wall effect the way a wooden fence would so it will not negatively affect the aesthetics of the streetscape, making it appropriate for the development of the subject property and the streetscape. In turn, this will create a more pleasant public realm which pedestrians walking along the sidewalk will experience. COMMITTEE OF ADJUSTMENT MAY 17, 2016 - 4 - Submission No.: 1. FN 2016-002 (Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 30, 2016, advising they have no concerns with this application. Mr. D. Schnider advised he is a relative of the applicants, noting they were unable to attend and he was acting as an Agent on their behalf. He indicated he was in support of the subject application and the staff recommendation. Mr. B. McColl questioned whether the approval this date would permit a future owner to replace the wrought iron fence to a wooden fence. Ms. J. von Westerholt advised the Committee’s decision would clearly indicate the approval is intended for a wrought iron fence. She noted if in future the property owners wished to construct a wood fence in its place, they would be required to come back to the Committee for a further approval. She further advised that fences are subject to By-law Enforcement and would not necessarily mean that a future owner would not change the fence without obtaining Committee approval, as non-compliant fences are often found on a complaint basis. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of David and Cindy Baker requesting permission to construct a wrought iron fence having a height of 1.8m (5.906’) located 0.6m (1.969’) from the side lot line abutting Falling Green Crescent, as per the Plan submitted with the application, rather than the required 1.5m (4.921’) setback, on Lot 71, Registered Plan 58M-563, 357 Falling Green Crescent, Kitchener, BE APPROVED 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 10:13 a.m. Dated at the City of Kitchener this 17th day of May, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment