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HomeMy WebLinkAbout2017-05-16 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 16, 2017 MEMBERS PRESENT: Messrs. D. Cybalski and 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; 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 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 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, June 5, 2017 at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: FN 2017-001 Applicant: Karim Mohamed and Nichola Matthews Property Location: 246 Blair Creek Drive Legal Description: Block 35, Registered Plan 58M-583 and Part 1, Block 90, Registered Plan 58M-580 Appearances: In Support: K. Mohamed Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a wooden fence having a height of 1.82m located 0.61m from the side lot line abutting Pieter Vos Drive rather than the required 1.5m setback. The Committee considered the report of the Planning Division, dated May 8, 2017, advising the subject property located at 246 Blair Creek Drive is zoned Residential Four Zone (R-4) in the Zoning By-law. The use of the property is a single-detached dwelling. The property owner is proposing to extend an existing fence to enclose the exterior side yard. The owner is requesting relief from Section 630.5.1C (ii) of the City of Kitchener Fence By-law to allow a fence with a height of 1.82 metres with a setback of 0.62 metres rather than the required minimum setback of 1.5 metres. In considering the requested variance to the Fence By-law, Planning staff offers the following comments. The proposed variance meets the intent of the Fence By-law for the following reasons. The intent of the height maximum of 1.82 metres within 1.5 metres of the property line is to ensure the fence does not impede traffic and pedestrian visibility, to protect neighbourhood aesthetics and to provide an adequate buffer for the pedestrian realm. The proposed fence will extend 27.72 metres from the rear lot line, and will be located 12 metres from the corner of the property. Therefore, the proposed fence will not adversely impact pedestrian or vehicle visibility. Staff is of the opinion that the 0.61 metre setback will provide an adequate buffer between the property and the pedestrian realm. COMMITTEE OF ADJUSTMENT MAY 16, 2017 - 2 - 1. Submission No.: FN 2017-001 (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 0.61 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 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. Based on the above comments, staff is of the opinion the proposed variance to the fence can be considered minor and meets the general intent of the Fence By-law and is appropriate for the lot and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 25, 2017, advising they have no concerns with this application. Mr. K. Mohamad was in attendance in support of the application and staff recommendation. He provided a brief summary of the application, indicating he would like to install a pool and landscape the rear yard of the subject property. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Karim Mohamed and Nichola Matthews requesting permission to construct a wooden fence having a height of 1.82m located 0.61m from the side lot line abutting Pieter Vos Drive rather than the required 1.5m setback, on Block 35, Registered Plan 58M-583 and Block 90, Registered Plan 58M-580, 246 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners 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 Pieter Vos Drive. All landscaping shall be completed by September 30th, 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 ADJOURNMENT On motion, the meeting adjourned at 10:07 a.m. Dated at the City of Kitchener this 16th day of May, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment