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Home My WebLink AboutDSD-19-255 - FN 2019-002 - 123 Mountain Mint Cres1 Staff Report KIR Community Services Department www klrchener car REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: �46 REPORT Planning Comments: Committee of Adjustment November 19, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 5 November 12, 2019 DSD -19-255 FN 2019-002 — 123 Mountain Mint Street Owners — Annalee Bendana and Jost Neuhaus Approve with Condition Photo 1: Aerial photo (2019) The property is zoned Residential Four (R-4) in By-law 85-1 and is designated as Low Rise Residential in the Official Plan. Staff visited the site on November 5, 2019. The owner is requesting permission to construct a wooden fence having a height of 1.5 metres located 0.5 metre from the front lot line rather than the required maximum height of 0.9 metre. The fence will enclose a newly constructed on -ground swimming pool. Photo 2 The property owner obtained a building permit for an on -ground swimming pool in July 2019. Recently, an inspector for the building permit visited the site. The pool has been installed and new fence posts constructed for a proposed 1.5 -metre wooden fence. It was determined that the building permit was approved incorrectly in regards to the permitted location for a 1.5 -metre high fence. The owner was advised to stop construction of the wooden fence and is awaiting consideration of this minor variance. In the meantime, a temporary construction fence surrounds the pool. (see Photo 2 above) The City's Fence By-law requires that a pool be enclosed with a fence that is a minimum of 1.5 metres high. The owner wishes to use the front yard area in order not to lose backyard amenity space around the pool. However, the maximum height permitted for a fence in the front yard is 0.9 metre. The front yard is the area between the front facade of the dwelling and the front lot line. Consequently, a variance is being requested to locate the 1.5 -metre high fence within the front yard area. (see Photo 1 above) It is noted that existing trees over 0.9 metre are located in the front yard area. Chapter 842 of the Municipal Code (Hedges - Other Objects Traffic Hazards By-law) permits trees of any height in the front yard if they are not within the 4.57 -metre driveway visibility triangle (DVT) or the 7.5 -metre corner visibility triangle (CVT). Any object within the visibility triangles is restricted to a maximum height of 1 metre and the owner has recently cut down the trees located within the DVT to comply with Chapter 842 (see Photo 2). It is noted that the trees and the proposed fence are not located in the CVT. Therefore, staff has no concerns in regards to the proposed fence or the existing trees within the triangles. Photo 3 Based on the foregoing, Planning staff recommends that the application be approved with one condition as noted below. Building Comments: The Building Division has no objections to the proposed fence variance Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. Heritage Planning Comments: No comments. Environmental Planning Comments: No concerns. RECOMMENDATION: That application FN 2019-002 requesting permission to construct a wooden fence having a height of 1.5 metres located 0.5 metre from the front lot line rather than the required maximum height of 0.9 metre be approved subject to the following condition: 1) That the 4.57 -metre driveway visibility triangle (DVT) be maintained with a maximum height of 0.9 metre for a fence and 1 metre for a tree/hedge. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority