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HomeMy WebLinkAbout2016-07-19 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 19, 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; Ms. D. Saunderson, Secretary-Treasurer; Mr. C. Goodeve, Manager, Council & Committee Services; 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, August 29, 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 2016-003 Applicants: Vladimir and Olga Pajic Property Location: 2 Creek Ridge Street Legal Description: Lot 62, Registered Plan 58M-502 Appearances: In Support: O. Pavic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a wood fence having a height of 1.82m (6’) located 0.62m (2.034’) from the lot line abutting Forest Creek Drive rather than the required 1.5m (4.921’) setback. The Committee considered the report of the Planning Division, dated July 8, 2016, advising City Planning staff conducted a site inspection of the property on July 7, 2016, and found the fence to be currently existing. The owner is requesting relief from Section 630.5.1.c (ii) of the City of Kitchener Fence By-law to legalize a fence 1.8 metres in height and located 0.62 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 and can be considered minor. 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 the fence does not impede traffic and pedestrian visibility, and also to protect neighbourhood aesthetics. The owner has erected a 1.82 metre high fence that is located 0.62 metres from the side lot line abutting the street. The fence extends 3.9 metres from the foundation, 13.7 metres from the rear lot line and therefore will be situated 16.9 metres from the projection of the corner. This distance will ensure that the fence will not create a visual obstruction for pedestrians or vehicles making a turn at the corner. The 0.62 metre setback to the side lot line abutting the street creates enough space to install plantings/landscaping other than sod. The additional landscaped area between the lot line and COMMITTEE OF ADJUSTMENT JULY 19, 2016 - 6 - Submission No.: 1.FN 2016-004 (Cont’d) the sidewalk, along with the 0.62 metre setback, will provide an adequate buffer between the fence and the public realm. Staff suggests 3 plantings of ‘Frans Fontaine’ hedges as well as ornamental grasses. Staff is of the opinion that the request is appropriate for the development of the property and the neighbourhood as this will enhance the aesthetics and the pedestrian experience along the sidewalk. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 6, 2016, advising they have no concerns with this application. Ms. O. Pajic was in attendance in support of the subject application. In response to questions, she acknowledged that approval was being recommended based on a requirement for the owners to undertake the landscaping measures outlined in the Planning Devision report. In response to questions regarding the concerns expressed by Transportation Services, Ms. J. von Westerholt advised a notation would be made in the City’s AMANDA system to highlight that the future driveway of the property at the corner of Forest Creek Drive and Pondcliffe Drive should not be located adjacent to the rear of 2 Creek Ridge Street. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Vladimir and Olga Pajic requesting permission to install a wood fence having a height of 1.82m (6’) located 0.62m (2.034’) from the lot line abutting Forest Creek Drive rather than the required 1.5m (4.921’) setback, on Lot 62, Registered Plan 58M-502, 2 Creek BE APPROVED Ridge Street, Kitchener, Ontario, , subject to the following condition: 1. That the owner shall submit and obtain approval of a Landscape Plan from the City’s Director of Planning. The Landscape Plan shall show landscaping to be installed between the fence and the site lot line abutting Forest Creek Drive. All landscaping shall be completed by December 31st, 2016 and shall be maintained in accordance with the approved Landscape Plan. 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 10:06 a.m. Dated at the City of Kitchener this 19th day of July, 2016. Colin Goodeve Acting Secretary-Treasurer Committee of Adjustment