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HomeMy WebLinkAboutAdjustment - 1998-03-31 FENCOA\1998-03-31 -FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 31, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. W. Dahms and S. Kay. 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 9:30 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 Submission No. F 12/97 - Stephanie Meyer, 3 Broken Oak Crescent, Kitchener, Ontario Lot 691, Registered Plan 1391, 3 Broken Oak Crescent, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Meyer 3 Broken Oak Crescent Kitchener, Ontario Mr. M. Nowak 421 King Street North Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting legalization of an existing 1.82 m (6 ft.) high fence located up to the Iotline along Westheights Drive rather than being setback 4.5 m (15 ft.). The Committee noted that consideration of this application had originally been scheduled for September 16, 1997 and has been deferred since that time, to allow the applicant an opportunity to discuss the fence location with the City's Planning Department and Traffic Department. The Committee noted the comments of the Department of Planning & Development, dated August 27, 1997, in which they advise that the applicant is seeking legalization of an existing 1.82 m (6 ft.) high fence located up to the Iotline along Westheights Drive rather than being setback 4.5 m (15 ft.). Staff advise that this application for variance is the direct result of an investigation of a complaint received by the City's By-law Enforcement Section. The applicant is seeking this variance to provide a secure play space and privacy in the rearyard area. The right sideyard has a 1.52 m (5 ft.) fence along the property line with 1.82 m (6 ft.) fencing along the rear and a portion of the sideyard abutting Westheights Drive. The intent of the required 4.5 m (15 ft.) setback from the side Iotline abutting this street is to ensure COMMITTEE OF ADJUSTMENT 6 MARCH 31, 1998 unobstructive visibility for both pedestrian and vehicular traffic. As well as an unobstructed view for vehicles exiting their driveways. The driveway for the subject property fronts onto Westheights 1. Submission No. F 12/97 - Stephanie Meyer, cont'd Drive. Staff note there is currently a 2.4 m (8 ft.) high solid wood fence along the length of the driveway from the sidewalk. The abutting property at 536 Westheights Drive is a Bell Canada switching station which also has a driveway fronting on Westheights Drive. The fence along the applicants driveway as well as the fence along Westheights Drive and the rear Iotline could possibly cause visibility problems for vehicles exiting the subject site, as well as for vehicles exiting the Bell Canada site. In this regard, the intent of the by-law is not being met. In addition to the above, a site inspection revealed that the existing gate and fencing across the driveway appears to block off the legal parking space for this property. The City's by-law requires a parking space to be located a minimum of 6 m (20 ft.) from the Iotline. The existing fence must either be moved to accommodate the required 4.5 m (15 ft.) setback along the driveway, side property line and rear property line or be reduced in height to 0.91 m (3 ft.) which is the permitted height for fencing in these locations, and the gate and fencing blocking the required space also must be removed. The Department of Planning & Development recommends refusal of this application as shown on the attached plan. Staff also note that measures must be taken to bring this fence into compliance by either meeting the 4.5 m (15 ft.) setback or reducing the height to 0.91 m (3 ft.) and reinstating the required parking space for the property. The Committee noted the comments of the Director of Building in which he advised that a permit is required for the above ground pool. The Committee noted the comments of the Traffic & Parking Division, dated September 11, 1997, advising that the Division does not support the request to legalize the existing fence. The fence causes a site obstruction from the driveway to this property and also from the driveway on the abutting lot. It is recommended that the fence be relocated or reduced in height to comply with by-law regulations. Mr. Meyer addressed the Committee advising that the existing fence was given a verbal O.K. by City staff when it was to be constructed. He also advised that the last Committee of Adjustment Chairman recommended that the fence be moved back 5 ft. He stated that Bell Canada is the abutting property and they want the fence to remain between their property and his, up to the sidewalk. Mr. Nowak addressed the Committee and advised that the applicant is submitting a request to revise the application to move the fence back 5 ft. from the property line along Westheights Drive. He felt that this would provided enough room for a daylighting triangle. He advised that Bell Canada requests that the fence between the subject property and their property remain, up to the sidewalk, but at a lower level. Mr. R. Morgan addressed the Committee advising that the wooden gate needs to be removed in order to provide legal parking. The by-law requires parking to be no closer than 6 m to the Iotline. Mr. Nowak responded that the applicant wants to keep the gate as their is room for parking in front of the gate and they need the gate because they have a pool. Mr. R. Morgan responded that staff could support the revised application but not maintaining the existing gate. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Stephanie Meyer requesting permission to locate a 1.82 m (6 ft.) high wooden fence, 1.52 m (5 ft.) from the Iotline along Westheights Drive rather than the required 4.5 m (15 ft.) on Lot 691, Registered Plan 1391, 3 Broken Oak Crescent, Kitchener, Ontario BE APPROVED subject to the following conditions: That the existing fence located on the Iotline parallel to and abutting Westheights Drive shall be moved back 1.52 m (5 ft.) from that property line. 1. Submission No. F 12/97 - Stephanie Meyer, cont'd 2. That the existing fence along the Iotline abutting Lot 692, Registered Plan 1391 be reduced in COMMITTEE OF ADJUSTMENT 7 MARCH 31, 1998 height, for a distance of 1.52 m (5 ft.) from the Iotline along Westheights Drive, to 0.91 m (3 ft.). 3. That the fence running parallel to the existing driveway and perpendicular to Westheights Drive, for a distance of 1.52 m (5 ft.) from the Westheights Drive Iotline, be removed. 4. That the applicant shall remove the existing gate, located across the driveway between the fence and the house, or receive final approval of an Application for Minor Variance to legalize the parking on this property. 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 Tuesday April 14, 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 31st day of March, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment