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HomeMy WebLinkAbout2016-09-20 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 20, 2016 MEMBERS PRESENT: Mr. D. Cybalski, Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:05 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider two applications regarding variances to the City of Kitchener Fence By-law. The Committee will not make a decision on these applications 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 recommendations will be forwarded to City Council on Monday, September 26, 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 2016-005 Applicants: David and Alyanne Colyn Property Location: 87 Stanley Avenue Legal Description: Lot 97, Plan 1773 Appearances: In Support: D. Colyn Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a wood fence having a height of 1.8m (6’) located 0.6m (1.968’) from the lot line abutting Tagge Street rather than the required 1.5m (4.92’). The Committee considered the report of the Planning Division, dated September 13, 2016, advising the subject property located at 87 Stanley Avenue is zoned Residential Four (R-4) in the Zoning By-law. The property owner is proposing to relocate a 1.8 metre high wooden fence to be located 0.6 metres from the side lot line abutting a street. The fence is currently located directly adjacent to the property line. 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 1.8 metres in height to be located 0.6 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, to protect neighbourhood aesthetics and to provide an adequate buffer for the pedestrian realm. The fence extends 6.8 metres from the foundation, 23.5 metres from the rear lot line and will therefore be located 11 metres from the corner of the property. Therefore, the fence will not adversely affect pedestrian or vehicle visibility. The proposed 0.6 metre setback will provide an adequate buffer between the property and the pedestrian realm. COMMITTEE OF ADJUSTMENT SEPTEMBER 20, 2016 - 11 - Submission No.: 1.FN 2016-005 (Cont’d) The 0.6 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 the sidewalk, along with the 0.6 metre setback, will provide an adequate buffer between the fence and the public realm. Staff suggests plantings of 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 August 31, 2016, advising they have no concerns with this application. Mr. D. Colyn was in attendance in support of the subject application and the staff recommendation. Ms. J. Meader noted Condition 1 of the staff recommendation with regards to a Landscaping Plan and implementation of the Plan by December 31, 2016. She questioned whether the deadline was sufficient specifically with regards to the installation of the landscaping and suggested the deadline be amended to early 2017. Mr. Colyn acknowledged the concerns and requested a deadline of May 31, 2017. Ms. J. von Westerholt advised that staff had no objections to the proposed amendment. Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of David and Alyanne Colyn requesting permission to legalize a wood fence having a height of 1.8m (6’) located 0.6m (1.968’) from the lot line abutting Tagge Street rather than the required 1.5m (4.92’), on Lot 97, Plan 1773, 87 Stanley Avenue, Kitchener, BE APPROVED, 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 side lot line abutting Tagge Street. All landscaping shall be completed by May 31, 2017 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 Submission No.: 2. FN 2016-006 Applicants: Ammori Ganem-Mohamed Property Location: 901 Gravel Ridge Place Legal Description: Lot 68, Registered Plan 58M-544 Appearances: In Support: A. Ganem-Mohamed Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a wood fence having a height of 1.8m (6’) located 0.62m (2.034’) from the lot line abutting Gravel Ridge Trail rather than the required 1.5m (4.92’). COMMITTEE OF ADJUSTMENT SEPTEMBER 20, 2016 - 12 - Submission No.: 1.FN 2016-006 (Cont’d) The Committee considered the report of the Planning Division, dated September 12, 2016, advising the subject property is located on the south-west corner of the intersection of Gravel Ridge Trail and Gravel Ridge Place and the property contains a single detached dwelling. The zoning is Residential Three (R-3) and the Official Plan Designation is Low Rise Residential. The applicant is requesting permission to construct a 1.8 metre (6 ft) high wooden privacy fence to be located 0.62 metre (2.034 ft) from the side lot line abutting Gravel Ridge Trail rather than the required 1.5 metre (4.93 ft) setback. In considering the requested variance to the Fence By-law, Planning staff offers the following comments. The intent of the 1.5 metre (4.93 ft) setback from an exterior side lot line for fences 1.8 metres (6ft) in height is to provide an adequate buffer between public space and taller fences. The buffer is required for aesthetic purposes in order that a tall fence does not create a wall effect by being located too close to, or adjacent to, a sidewalk or other public space. In turn this enhances the appearance of the streetscape and creates a public realm that is pedestrian- friendly. The proposed variance meets the above noted intent, and can be considered minor. The 0.62 metre (2 ft) setback to the side lot line abutting the street creates sufficient space to install plantings/landscaping other than sod, in order to soften the look of the fence. 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. As noted on the drawing attached to the application, the fence will be located outside the 4.5 metre Driveway Visibility Triangle (DVT) of the neighbouring property 170 Gravel Ridge Trail. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2016, advising they have no concerns with this application. Mr. A. Ganem-Mohamed was in attendance in support of the subject application and the staff recommendation. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Ammori Ganem-Mohamed requesting permission to construct a wood fence having a height of 1.8m (6’) located 0.62m (2.034’) from the lot line abutting Gravel Ridge Trail rather than the required 1.5m (4.92’) on Lot 68, Registered Plan 58M-544, 901 Gravel BE APPROVED Ridge Place, 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 side lot line abutting Gravel Ridge Trail. All landscaping shall be completed by May 31st, 2017 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 COMMITTEE OF ADJUSTMENT SEPTEMBER 20, 2016 - 13 - ADJOURNMENT On motion, the meeting adjourned at 10:09 a.m. Dated at the City of Kitchener this 20th day of September, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment