HomeMy WebLinkAboutAdjustment - 1998-07-28 FENCOA\1998-07-28-FENCE
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JULY 28, 1998
MEMBERS PRESENT: Messrs. W. Dahms, S. Kay and P. Kruse
OFFICIALS 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 9:40 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.
The Chairman explained that this Committee's decision with respect to sign variances is a
recommendation to City Council and not a final decision. He advised that the Committee's
recommendation will be forwarded to City Council on Monday August 17, 1998 at 7:00 p.m. and the may
appear at the meeting if they wish.
APPLICATIONS
1. Submission No. F 7/98 - Andrew Ellis, 217 General Drive, Kitchener,
Ontario
Re: Lot 82, Registered Plan 1733, 217 General Drive, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. A. Ellis
217 General Drive
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised the applicant is requesting permission to erect an 2.44 m (8 ft.) high fence
around the rearyard to be located 0.6 m (2 ft.) from the Iotline along General Drive rather than the
required 4.58 m (15 ft.).
The Committee noted the comments of the Business and Planning Services Department in which they
advise that the applicant is requesting permission to erect a 2.44 m (8 ft.) high fence around the rear yard
to be located 0.6 m (2 ft.) from the lot line along General Drive rather than the required 4.58 m (15 ft.).
The applicant is proposing to construct a fence on a corner lot with a height of 2.44 m in a location where
the fence by-law permits a maximum height of .91 m (3 ft.), in order to maximize the use and privacy of
the rear and side yard of the property.
The intent of the regulations for corner lot fencing is to maintain visibility for pedestrian and vehicular
traffic. The subject fence will be located along the rear lot line separating the subject property from the lot
to the north (lot 55, 223 General Drive), and within the side yard abutting General Drive. The fence is not
located within the corner visibility triangle. In addition, the applicant has proposed to angle the fence to
provide a 4.57 m (15 ft.) daylight triangle to provide visibility for vehicles entering and exiting the
driveway.
COMHITTEE OF ADJUSTMENT 24 JULY 28. 1998
1. Submission No. F 7/98 - Andrew Ellis, cont'd
The abutting property to the north at 223 General Drive is also used for residential purposes. The
driveway for 223 General Drive is located approximately 7.7 m (25.3 ft.) from the lot line shown on the
submitted sketch and as such, the proposed fence would not appear to cause visibility problems for this
neighbouring property. The fence will also be set back 7.7 m from the rear of the house located at 223
General Drive, and would not appear to interfere with the enjoyment of the neighbouring property.
Traffic and Parking staff have confirmed that they have no concerns with the proposed fence as it will not
be located in the corner visibility triangle nor will it create any visibility problems for vehicular and
pedestrian traffic.
Staff note that the applicant has submitted a sketch of the subject property rather than a plan of survey,
and the applicants should be aware that it is their responsibility to verify the exact location of the property
lines.
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 fence by-law is being met. The Department of Planning and
Development recommends approval of the Submission F 7/98, as shown on the submitted plan.
The Committee noted the comments of the Traffic & Parking Division in which they advised that they have
no concerns with the proposed fence given the provision of the daylighting triangle at the driveway.
Mr. S. Kay pointed out to the applicant that it is his responsibility to ensure that the fence is properly
located; given that the submitted plan is not a survey.
Moved by Mr. S. Kay
Seconded by Mr. P. Kruse
That the application of Andrew Ellis requesting permission to erect an 2.44 m (8 ft.) high fence around the
rearyard to be located 0.6 m (2 ft.) from the Iotline along General Drive rather than the required 4.58 m
(15 ft.) on Lot 82, Registered Plan 1733, 217 General Drive, Kitchener, Ontario BE APPROVED, subject
to the following condition:
That the variance as approved in this application shall apply to the proposed fence only a shown
on the plan submitted with this application.
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 630 (Fence) is
being maintained on the subject property.
ADJOURNED
On Motion, the meeting adjourned at 9:45 a.m.
Dated at the City of Kitchener this 28th day of July, 1998.
D. H. Gilchrist
Secretary-Treasurer
Committee of Adjustment