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HomeMy WebLinkAboutAdjustment - 1998-09-15 FENCOA\1998-09-15-FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 15, 1998 MEMBERS PRESENT: Ms. S. Campbell & Messrs S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, 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 September 21, 1998 at 7:00 p.m. and the may appear at the meeting if they wish. APPLICATIONS 1. Submission No. F 8/98 - Ed Karpowicz, 26 McLeod Court, Kitchener, Ontario Re: Lot 21, Registered Plan 1640, 26 McLeod Crt., Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. E. Karpowicz 26 McLeod Court Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: Neighbourhood Petition CONTRA: NONE The Committee was advised the applicant is requesting permission to erect a combination retaining wall and fence, around the rearyard, within 0.15 m (0.5 ft.) of the Iotline along McLeod Crt. The retaining wall/fence will vary in height between 1.52 m (5 ft.) and 2.44 m (8 ft.) rather than the permitted 0.92 m (3 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to erect a combination retaining wall and fence, around the rear yard, within 0.15m (0.5 ft) of the lot line along McLeod Court. The retaining wall/fence will vary in height between 1.52 m (5 ft) and 2.44 m (8 ft) rather than the permitted 0.92 m (3 ft). The applicant is seeking relief from the regulation requiring a 4.5 m (15 ft) set back for a side yard abutting a street for fencing greater than 0.9 m (3 ft) in height. A minimum 1.52 m (5 ft) fence is required to enclose any pool structure in the City of Kitchener. As this property is located on a corner the 4.5 m (15 ft) side yard set back is required. The 4.5 m (15 ft.) set back is intended to provide unobstructed visibility for pedestrians and vehicles. The configuration of the property is such that the proposed location of the pool and retaining wall/fence is the only possible option, and therefore cannot comply with the regulations. To help soften the COk~ITTEE OF ADJUST1MEbIT 26 SEPTEMBER 15. 1998 appearance of the retaining wall/fence, the applicant is proposing to install landscaping between the retaining wall and the fence along the side lot line abutting the street. 1. Submission No. F 8/98 - Ed Karpowicz, cont'd The property is located on a small court with little traffic other than the local residents. The proposed retaining wall/fence would not impede driver visibility when rounding the corner of the street. It should also be noted that McLeod Court does not have sidewalk and maintains a 3.65 m (12 ft) wide boulevard strip around the perimeter of the subject property. This will further improve the visibility for vehicles and pedestrians when turning onto of McLeod Court. The neighbouring property at 4 McLeod Court, on the corner of McLeod Court and Biehn Drive has driveway access off of McLeod Court. The driveway is 6.4 m (21 ft) from the proposed fence location. The 6.4 m (21 ft) separation distance coupled with the 3.65 m (12 ft.) boulevard strip will allow the neighbouring property unobstructed visibility while accessing the driveway. The proposed retaining wall/fence to enclose a swimming pool would be an appropriate and desirable use of the property as it maintains both the intent and purpose of the City's Zoning By-law and Official Plan by not impeding vehicular or pedestrian visibility around the corner of McLeod Court. The variance can be considered minor in nature as it will have no adverse effect on the neighbouring property, and as such, staff recommends approval of minor variance application F 8/98. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concern regarding the proposed fence location. The Committee noted the neighbourhood petition submitted by Mr. Karpowicz in support of his application. The Committee noted the comments of the Director of Building in which he advised that a Grading Consultant shall confirm that the installation of the new retaining wall will not adversely affect the grading of this property, adjacent properties or the overall grading of the subdivision. Ms. Campbell questioned Mr. Karpowicz with respect to a Grading Consultant and he advised that he had been in touch with his fence contractor who will make arrangements with a Grading Consultant to satisfy that condition, if it should be imposed by the Committee. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Ed Karpowicz requesting permission to erect a combination retaining wall and fence, around the rearyard, within 0.15 m (0.5 ft.) of the Iotline along McLeod Court, having a height between 1.52 m (5 ft.) and 2.44 m (8 ft.) rather than the permitted 0.92 m (3 ft.) on Lot 21, Registered Plan 1640, 26 McLeod Crt., Kitchener, Ontario BE APPROVED, subject to the following condition: That a Grading Consultant shall confirm that the installation of the new retaining wall will not adversely affect the grading of this property, adjacent properties or the overall grading of the subdivision, to the satisfaction of the Director of Building. 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. COk~ITTEE OF ADJUST1MEbIT 27 SEPTEMBER 15. 1998 ADJOURNED On Motion, the meeting adjourned at 9:45 a.m. Dated at the City of Kitchener this 15th day of September, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment