Loading...
HomeMy WebLinkAboutAdjustment - 1999-05-11 FENCOA\1999-05-11-FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 11, 1999 MEMBERS PRESENT: Messrs. S. Kay, A. Galloway and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Ms. P. Bacon, Planner, Ms. D. Gilchrist, Committee Administrator and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called the meeting to order at 10:00 a.m. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider an application regarding a variance to Chapter 630 (Fences) 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 the Committee of the Whole and Council for final decision. The Chair explained that the Committee's decisions with respect to fence variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendation will be forwarded to City Council on Monday, May 17, 1999, at 7:00 p.m., and the applicant may appear at the meeting if desired. APPLICATION Submission No.: Applicant: Property Location: Le.qal Description: F 3/99 Renee & Reinhard Wiesenbauer 16 Notchwood Crt. Lot 32, Registered Plan 1577 Appearances: In Support: Renee & Reinhard Wiesenbauer 16 Notchwood Crt. Kitchener ON N2C 3L5 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 1.5 m (5 ft.) high chain link and iron fence with a 0 m setback from Notchwood Court (northerly sideyard), rather than the required 4.6 m (15 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to construct a 1.5 metre (5 ft) high chain link and iron fence with a 0 metre setback from Notchwood Court (northerly sideyard), rather than the required 4.5 metre setback (14.76 ft). The applicants wish to construct the 1.5 metre high fence to provide privacy from people walking along the sidewalk and to provide a safe, secure area for their grandchildren. Additionally, the applicants may possibly construct a pool in their rearyard which would require a fence with a minimum height of 1.5 metres. COMMITTEE OF ADJUSTMENT - 7 - MAY 11, 1999 1. Submission No.: F 3/99 (Cont'd) The intent of the required 4.5 metre (14.8 ft) setback is to ensure adequate visibility for pedestrian and vehicular traffic. Although a portion of the fence will be within the corner visibility triangle, it is not a large area and it would not appear to pose a visibility problem due to the proposed chain link construction. In this regard, the general intent of the by-law will be maintained. The property which abuts the rear lot line is also used for residential purposes. As the driveway for the abutting property is located on the adjacent street (Old Chicopee Drive), the proposed fence would not be a visibility concern. Additionally, the Traffic Division has no concerns regarding visibility for the subject variance. 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 Sign By-law is being met. The Department of Business and Planning Services recommends approval of the minor variance as shown on the drawing submitted by the applicant. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has no concerns with respect to the proposed fence. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections or concerns with respect to this submission. The Chair inquired of Mrs. Wiesenbauer if she had reviewed staff comments and Mrs. Wiesenbauer responded that she had reviewed the comments and had nothing further to add. The Chair pointed out that the Notice of Hearing referred to a 0 m setback rather than the required 4.6 m (15 ft.), whereas the Planning staff comments stated a required 4.5 m setback (14.76 ft.) and requested clarification. Ms. J. Given responded that she believed that it had been a matter of the figure being rounded up within the Notice of Hearing; however, 4.5 m (14.76 ft.) is the actual required setback. Mr. A. Galloway stated that, as there were no staff concerns, he was prepared to move approval of the application. Moved by Mr. A. Galloway Seconded by Mr. P. Kruse That the application of Renee & Reinhard Wiesenbauer requesting permission to construct a 1.5 m (5 ft.) high chain link and iron fence with a 0 m setback from Notchwood Court (northerly sideyard), rather than the required 4.5 m (14.8 ft.), on Lot 32, Registered Plan 1577, 16 Notchwood Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the construction of the fence only as shown on the plans as submitted with the application. It is the opinion of this Committee: 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. Carried COMMITTEE OF ADJUSTMENT - 8 - MAY 11, 1999 Submission No.: F 3/99 (Cont'd) The Chair reminded Mrs. Wiesenbauer that the decision of the Committee is a recommendation to Council which will be considered at the Council meeting of May 17, 1999 at 7:00 p.m, in the Council Chamber. He advised Mrs. Wiesenbauer that she may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:10 a.m. Dated at the City of Kitchener this 11th day of May, 1999. J. Billett Secretary-Treasurer Committee of Adjustment