Loading...
HomeMy WebLinkAboutAdjustment - 1998-03-03 FENCOA\1998-03-03-FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 3, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. W. Dahms and P. Kruse. OFFIClALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chairman, called the meeting to order at 9:30 a.m. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 630 of the City of Kitchener Municipal Code. The Committee will not make a decision on this application but rather will make a recommendation which will be forwarded to Committee of the Whole and Council for final decision. MINOR VARIANCE UNFINISHED BUSINESS 1. Submission No. F 12/97 - Stephanie Meyer, 3 Broken Oak Crescent, Kitchener, Ontario Re: Lot 691, Registered Plan 1391, 3 Broken Oak Crescent, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE At the request of the applicant's agent the committee agreed to defer consideration of this application to the meeting of March 31, 1998, peremptory. APPLICATION 1. Submission No. F 1/98 -Janice Korn, 70 Heather Avenue, Kitchener, Ontario Re: Lot 31, Registered Plan 773, 70 Heather Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. & Mrs. Korn 70 Heather Avenue Kitchener, Ontario NONE NONE NONE COMMITTEE OF ADJUSTMENT 3 MARCH 3, 1998 The Committee was advised the applicant is requesting permission to erect a 2.3 m (7.55 ft.) high wood fence along the rear lot line, to be located 2.54 m (8.34 ft.) from Bruce Street rather than the required 4.5 m (14.77 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to legalize an existing fence with a height of 2.3 metres (7.5 ft.) within 4.5 metres (14.8 ft.) of a side lot line abutting a street rather than the permitted maximum of 0.91 metres (3 ft.). 1. Submission No. F 1/98 - Janice Korn, cont'd The variance is the result of a visibility concern identified by enforcement staff of the Planning Department. The fence had originally caused a visibility problem for the neighbouring residential property which has its driveway located adjacent to the subject fence. The fence has since been cut back and enforcement staff do not have a concern with the current height of the fence. The fence is located along the entire rear lot line of the subject property. From the Bruce Street lot line and into the property a distance of 2.54 metres (8.3 ft.), the fence has a height of 0.86 metres (2.8 ft.). This portion of the fence complies to the fence by-law. The subject variance concerns the portion of the fence which is 2.3 metres (7.5 ft.) high and located at a distance of 2.54 metres (8.3 ft.) from the Bruce Street Iotline to 4.5 metres (14.8 ft.) in from the lot line. The remaining portion of the fence, extending inward to the interior sideyard, complies to the fence by- law. The intent of the regulations for corner lot fencing is to maintain visibility for pedestrian and vehicular traffic. As commented earlier, there are no concerns regarding visibility for the existing fence. Aesthetically, the fence would be desirable for the development and use of the subject property as the 2.3 metre high fence would continue along the same height as the remaining portion of the fence. Additionally, the 2.3 metre high fence would provide privacy for the subject and neighbouring property and would not appear to affect the enjoyment of abutting properties. Based on the above comments, it is the opinion of staff that the requested fence variance is minor in nature and the general intent of the by-law is being met. The Department of Planning and Development recommends approval of Submission F 1/98 as indicated on the drawing submitted by the applicant. The Committee noted the comments of the Traffic & Parking Division in which they advised that, in order to provide optimum site lines from the driveway on the abutting property on Bruce Street, it is recommended that the portion of the fence within the required 4.5 m setback be reduced in height in accordance with the by-law requirement. Also, the existing hedge on the subject property along Bruce Street may be higher than the maximum allowable and may need to be reduced in height. The Committee noted the comments of the Director of Building in which he advised that he had no concerns or comments with respect to this application. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. When questioned by the Committee, Mrs. Korn advised that by-law people saw her about her hedge and she has reduced the hedge's height as required by the By-law Enforcement staff. Mr. R. Morgan stated that Mr. Meyer did not have communications with the traffic analyst who went on site. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Janice Korn requesting permission for a wooden fence, having a height of 2.3 m (7.5 ft.), along the rear Iotline, to be located 2.54 m (8.34 ft.) from Bruce Street rather than the required 4.5 m (14.77 ft.) on Lot 31, Registered Plan 773, 70 Heather Avenue, Kitchener, Ontario BE APPROVED subject to the following condition: That the fence as approved in this application shall apply to the location only as shown on the plan submitted with this application. COMMITTEE OF ADJUSTMENT 4 MARCH 3, 1998 1. Submission No. F 1/98 - Janice Korn, cont'd It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Municipal Code Chapter 630 (Fence) is being maintained on the subject property. The Chairman advised those present that this recommendation will be considered by City Council at its meeting of March 30, 1998 at 7:00 p.m. and they may appear at the meeting if they wish. ADJOURNED On Motion, the meeting adjourned at 9:40 a.m. Dated at the City of Kitchener this 3rd day of March, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment