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HomeMy WebLinkAbout2017-06-20 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 20, 2017 MEMBERS PRESENT: Messrs. A. Head and B. McColl 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. A. Head, Vice-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 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 26, 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 2017-002 Applicant: Joseph Caluag and Khristine Huete-Caluag Property Location: 52 Redtail Street Legal Description: Lot 82, Registered Plan 58M-511 Appearances: In Support: J. Caluag K. Huete-Caluag Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the side lot line abutting King Rail Court rather than the required 1.5m setback. The Committee considered the report of the Planning Division dated June 5, 2017, advising the subject property is located on the north-west corner of the intersection of Redtail Street and King Rail Court, and the property contains a single detached dwelling. The zoning is Residential Six Zone (R-6) in Zoning By-law 85-1, and the Official Plan Designation is Low Rise Residential. The applicant is requesting relief from Section 630.5.1(c)(i) of the City of Kitchener Fence By- law to allow construction of a wooden privacy fence with a height of 1.82 metres (5.97 ft) to be located 0.3 metres (0.98 ft) from the exterior side lot line abutting King Rail Court 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 (5.97 ft) in height is to provide an adequate buffer between public space and taller fences. The buffer is necessary for pedestrian and vehicular safety and for neighbourhood aesthetic purposes in order that a tall fence does not create a wall effect by being located too close to, or COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 4 - 1. Submission No.: FN 2017-002 (Cont’d) adjacent to, a sidewalk or other public space. The City is committed to providing pedestrian- friendly streets that contribute to a pleasant walking environment and attractive streetscape. The requested 0.3 metre (0.98 ft) setback to the exterior side lot line abutting the street does not provide sufficient space between the pedestrian walkway and the fence, and thus does not maintain the intent of the By-law. Therefore, staff recommends that the application be amended to request a 0.6 metre (1.97 ft) setback from the exterior side lot line abutting King Rail Court. Upon speaking with the applicant, the request was amended to permit construction of a wooden privacy fence with a height of 1.82 metres (5.97 ft) to be located 0.6 metres (1.97 ft) from the exterior side lot line abutting King Rail Court rather than the initially proposed 0.3 metre (0.98 ft) setback to create sufficient space between the pedestrian walkway and the fence. This will provide space to install plantings/landscaping other than sod, in order to soften the look of the fence. Staff suggests plantings of hedges as well as ornamental grasses. Staff is of the opinion that the amended 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 proposed fence will be located outside the 7.5 metre Corner Visibility Triangle (CVT) at the intersection of Redtail Street and King Rail Court. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Mr. J. Caluag and Ms. K. Huete-Caluag were in attendance in support of the application and staff recommendation. In response to questions, Mr. Caluag advised the deadline indicated in Condition 1 allows sufficient time to undertake the construction of the proposed fence and landscaping. He further advised the reason for the variance was maximize the amenity space in his yard and allow more privacy and safety for his children. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Joseph Caluag & Khristine Huete-Caluag requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the side lot line abutting King Rail Court rather than the required 1.5m setback, on Lot 82, Registered Plan 58M-511, 52 Redtail Street, Kitchener, Ontario, BE APPROVED, 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 King Rail Court. All landscaping shall be completed by October 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 ADJOURNMENT On motion, the meeting adjourned at 10:02 a.m. Dated at the City of Kitchener this 20th day of June, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment