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HomeMy WebLinkAbout2016-10-18 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 18, 2016 MEMBERS PRESENT: Messrs. D. Cybalski and A. Head and Ms. J. Meader. 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 10:14 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider one application a regarding 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 decision. 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, November 21, 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 2016-007 Applicant: Nicoleta Craiovan Stewart Property Location: 660 Fischer Hallman Road Legal Description: Part Lot 47, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-13049 Appearances: In Support: N. Craiovan Stewart A. Stewart Contra: None Written Submissions: None The Committee was advised this application was being considered in conjunction with Minor Variance Application A 2016-104. The Committee was further advised the applicant is requesting permission to construct a fence in the front yard having a height of 1.524m, whereas the By-law does not permit fences located in the front yard that are greater than 0.91m in height. The Committee considered the report of the Planning Division, dated October 7, 2016, advising the owner has applied for a minor variance to permit an expanded home business as well as a fence variance to permit a taller fence in the front yard. The property is currently developed with a single detached dwelling with an existing personal services home business. Specifically, Application A 2016-104 requests relief from Section 5.13.2.a of the Zoning By-law to permit 2 non-resident employees for a home business whereas a maximum of 1 is permitted; relief from Section 5.13.2.i for 6 off-street parking spaces for the home business whereas 2 is required; and, relief from Section 5.103.2.I to permit up to 6 customers at one time for the home business, whereas a maximum of 3 is permitted. Application FN 2016-007 requests relief from Section 630.4.1(a) of the Municipal Code to permit a fence that is 1.524 metres (5 feet) in the front yard whereas a maximum height of 0.914 metres (3 feet) is permitted. The property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Three (R-3) in Zoning By-law 85-1. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 15 - Submission No.: 1.FN 2016-007 (Cont’d) Home Business Variances: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The requested variances meet the intent of the Official Plan. The predominant land use in the Low Rise Residential District is residential, but it is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low-rise housing. The subject property is located at the intersection of two Primary Arterial Roads, being Fischer Hallman Road and Ottawa Street South. It is located adjacent to low-rise residential uses, and across the street from major commercial developments. The expanded home business, operated within an existing single detached dwelling, is an appropriate transitional land use in this location. The requested variances meet the intent of the Zoning By-law. The intent of the home business regulations in the Zoning By-law is to regulate the size of the home business so it doesn’t impede on the primary residential use of the surrounding community. In this case, access to the property is via a Primary Arterial Road and no access is possible to the local streets within the adjacent residential community. The additional staff and customer parking can be accommodated on site. The requested minor variances are minor. The size of the property and the configuration of the proposed parking area can sufficiently accommodate the needs the expanded home business without impacting the amenity space for the single detached dwelling. There is a sufficient setback from the adjacent residential uses. The variances are appropriate for the development and use of the land. The requested variances will allow for an expanded home business that will continue to operate at a scale that is appropriate given the property location and size. Staff recommend approval of the minor variances as outlined in the Recommendation section of this report. Fence Variance: With respect to the fence variance, the owner has advised that there are significant illegal activities occurring by trespassers. The owner has produced photographic evidence showing illegal activities occurring on site. A fence surrounding the property will help to delineate the private and public property. As the site was vacant prior to the owner accruing the site, there are some habitual behaviours that will require a physical barrier to correct. Planning staff recommends that any fence within the front yard be made of a material that will allow for a minimum of 50% visibility to ensure visibility across and to the property. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising although they have no objections to this application, they noted the proposed fence location is very close to the Ottawa Street and Fischer Hallman Road property lines. Under a future development application (Site Plan, Consent, Plan of Condominium) or Regional Road reconstruction project, the Region of Waterloo may acquire additional property where the fence will be located. If the property is required in the future, the fence would have to be removed and relocated on private property. Ms. N. Craiovan Stewart and Mr. A. Stewart were in attendance in support of the subject application and the staff recommendation. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Nicoleta Craiovan Stewart requesting permission to construct fence in the front yard having a height of 1.524m, whereas the By-law does not permit fences located in the front yard that are greater than 0.91m in height, on Part Lot 47, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-13049, 660 Fischer Hallman Road, Kitchener, BE APPROVED, Ontario,subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 16 - Submission No.: 1.FN 2016-007 (Cont’d) 1. That the owner shall ensure the fence is designed in such a way that there is no obstruction to pedestrian or vehicular traffic. 2. That the owner shall ensure the fence is located outside of any required Driveway or Corner Visibility Triangle(s). 3. That the owner shall ensure the fence is designed and constructed so there is visibility through 50% of the entire face of the fence within the front yard. Where a solid material is used, it must remain transparent at all times. In no case shall there be any section of the fence within the front yard that prohibits 50% visibility. 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 10:20 a.m. Dated at the City of Kitchener this 18th day of October, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment