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HomeMy WebLinkAbout2017-08-15 - FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 15, 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 10:01 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, August 28, 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 2017-003 Applicant: Michelle Jennings and Andrew Vlcek Property Location: 410 Louisa Street Legal Description: Lot 52, Registered Plan 671 Appearances: In Support: M. Jennings A. Vicek Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to replace an existing wooden fence having a height of 1.82m located 0.m from the side lot line abutting Edwin Street rather than the required 1.5m; and, to have a 0.2m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered the report of the Planning Division dated August 2, 2017, advising the subject property is used for a single detached dwelling and is located at the corner of Louisa and Edwin Streets. It is zoned Residential Four (R-4) and is designated Low Rise Residential in the 2014 Official Plan. The owner is requesting permission to reconstruct a 1.82 metre (6 ft) high wooden fence to be located 0 metres from the side lot line abutting Edwin Street rather than the 1.5 metre (5 ft) setback; and, to have a 0.2 metre (0.67 ft) encroachment into the DVT whereas the By-law does not permit encroachments into the DVT. The requested variances meet the intent of the Fence By-law and can be considered minor. The intent of minimum 1.5 metre setback from an exterior side lot line for fences between 1.82 and 2.44 metres in height is to provide an adequate buffer space between pedestrians using the sidewalk and tall fences. This buffer provides a pedestrian-friendly street that contributes to a pleasant walking environment and attractive streetscape. Though the subject variance is to locate the fence at the lot line, which staff generally does not support, in this case there is sufficient City-owned landscaping (grass) between the proposed fence and the sidewalk. As COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 6 - 1. Submission No.: FN 2017-003 (Cont’d) well, placing the fence on the lot line will permit the owners to maintain the integrity of a tree and not harm it by having the fence posts too close to its root system. In addition, having the tree inside the fence allows the occupants to better enjoy their backyard amenity space. In regards to the variance into the DVT, the proposed variance extends a minor distance of 0.2 metres into the required 4.5 metres and is not considered an obstruction. This is also noted by Transportation Planning staff in their comments. The variances are appropriate development for the property and surrounding streetscape. As a condition, staff is recommending that landscaping be added to soften the appearance of a wood fence from the street view. Therefore, the proposed fence, along the required landscaping, will enhance the use of the subject property while also providing an appropriate streetscape buffer between the fence and the public realm. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 29, 2017, advising they have no concerns with this application. Mr. A. Vlcek was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the deadline of October 1, 2017 would be sufficient time to complete the imposed conditions. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Michelle Jennings and Andrew Vlcek requesting permission to replace an existing wooden fence having a height of 1.82m located 0.m from the side lot line abutting Edwin Street rather than the required 1.5m; and, to have a 0.2m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 52, Registered Plan 671, 410 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Planning Division; and, install the approved plantings. 2. That the owner shall complete Condition 1 above no later than October 1, 2017. Any request to a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date noted above. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances approved in this application are 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 10:14 a.m. Dated at the City of Kitchener this 15th day of August, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment