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HomeMy WebLinkAboutAdjustment - 1999-04-20 FENCOA\1999-04-20-FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 20, 1999 MEMBERS PRESENT: Messrs. S. Kay, A. Galloway and P. Kruse. OFFICIALS PRESENT: Mr. L. Masseo, Intermediate Planner, Ms. D. H. 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 is recommendation to City Council and not final decision. He advised that the Committee's recommendation will be forwarded to City Council on Monday, May 3, 1999, at 7:00 p.m., and the applicant may appear at the meeting if desired. APPLICATIONS Submission No. F 1/99 - Jennifer Bateman & Sharon Reier 91 Glen Road, Kitchener, Ontario Re: Lot 54, Plan 1196, 1386 Queen's Boulevard, Kitchener, Ontario. Appearances: In Support: Mr. Nick Paulozza 1386 Queen's Boulevard Kitchener ON N2M 1C8 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 1.8 m (6 ft.) high fence with a setback from Queen's Boulevard of 1.8 m (6 ft.), 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 requiesting permission to construct a 1.8 metre (6 ft.) high fence with a setback from Queen's Boulevard of 1.8 metres (6 ft.), rather than the required 4.5 metres (14.8 ft.). Staff note that the drawing submitted with the application indicates that the fence will be 1.8 metres from the sidewalk along queen's Boulevard. According to City records, the sidewalk is 0.3 metres (1foot) from the lot line. The applicant has mistakenly identified the lot line shown on the survey as the sidewalk. Consequently, the fence will actually COMMITTEE OF ADJUSTMENT - 2 - APRIL 20, 1999 1. Submission No. F 1/99 - Jennifer Bateman & Sharon Reier, cont'd be 1.5 metres ( 5 feet) from Queen's Boulevard. The applicant has confirmed that he wishes the fence to be construct 1.8 metres from the sidewalk. Staff recommend that this application be amended to request the fence to be constructed 1.5 metres from Queen's Boulevard, rather than the required 4.5 metres. The applicant wishes to construct the 1.8 metres high fence to provide privacy in the rear yard and to maximize the use of the rear yard for the applicant's children. The intent of the required 4.5 metres (14.8 ft.) setback is to maintain visibility for pedestrian and vehicular traffic. It is noted that the fence will be located outside the corner visibility triangle. Additionally, the access to the driveway located on the abutting lot is located on the opposite side of the property from the proposed fence. It appears that visibility would not be a concern for anyone using the driveway on the abutting property. Additionally, the fence will be setback 0.91 metres (3 ft.) from the driveway on the subject property. This setback along with the 5 foot setback from the lot line along Queen's Boulevard would appear to provide sufficient visibility for anyone using the driveway of the subject property. The Traffic Division has no concerns with 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 & Planning Services recommends approval of the variance as amended to allow for the fence to be located 1.5 metres from Queen's Boulevard. 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, Traffic & Parking Division, in which he advised that the Division has reviewed this application and are recommending that the proposed fence be approved, but only if the fence is construct outside of the daylight triangle at the driveway of 1386 Queen's Blvd. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection or concerns with respect to this submission. The Chair reviewed the comments of the Department of Business & Planning Services, noting that staff are recommending that the application be amended to request the fence to be construct 1.5 m from Queen's boulevard, rather than 1.8 m as requested in the application. The Chair inquired of Mr. Paulozza if he had reviewed staff's comments and if he was in agreement with the recommended amendment to the application. Mr. N. Paulozza responded that he had reviewed the comments and was in agreement with the amendment. Mr. N. Paulozza stated that he would also like to further amend the application to change the height of the fence from 6 ft. to either 6.2 or 6.3 ft. He advised that in order to bring the fence up off the ground it may exceed the 6 ft. height requested in the application. Mr. A. Galloway inquired of staff if there were any concerns with Mr. Paulozza's request regarding the height of the fence. Mr. L. Masseo responded that staff would have no concerns as it would not affect any visibility requirements. He advised the Committee that the amendment should be included as, technically, if the Committee only approves a height of 6 ft., the applicant would not be able to go beyond that. COMMITTEE OF ADJUSTMENT - 3 - APRIL 20, 1999 2. Submission No. F 1/99 - Jennifer Bateman & Sharon Reier, cont'd Mr. A. Galloway stated that, as there were no staff concerns, he was prepared to move approval of the application as amended to require the fence to be construct 1.5 m from Queen's Boulevard and with height of no greater than 6 ft. 2 in. Moved by Mr. A. Galloway Seconded by Mr. P. Kruse That the application of Jennifer Bateman & Sharon Reier requesting permission to construct a 1.9 m (6 ft. 2 in.) high fence with a setback from Queen's Boulevard of 1.5 m (4.93 ft.), rather than the required 4.5 m (14.8 ft.), on Lot 54, Plan 1196, 1386 Queen's Boulevard, Kitchener, Ontario, BE APPROVED. 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. Carried The Chair reminded Mr. Paulozza that the decision of the Committee is a recommendation to Council which will be considered at the Council meeting of May 3, 1999, at 7:00 p.m. in the Council Chamber. He advised Mr. Paulozza that he may register as a delegation to appear before Council at that time. Submission No. F 2~99 - Graham Douglas 39 Daimler Drive, Kitchener, Ontario Re: Lot 5, Plan 1647, 39 Daimler Drive, Kitchener, Ontario. Appearances: In Support: Mrs. Cathy Douglas 39 Daimler Drive Kitchener ON N2A 3W2 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 1.8 m (6 ft.) high fence with a setback from Daimler Drive of 1.8 m (6 ft.), 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 1.8 metres (6 ft.) high fence with a setback from Daimler Drive of 1.8 metres (6 ft.), rather than the required 4.5 metres (14.76 ft.). The applicant is proposing to construct a 1.8 metre (6 ft.) high fence along a portion of the side property line abutting a street for a swimming pool enclosure. A fence along a property line abutting a street is required to be setback 4.5 metres ( 14.76 ft.) to comply with the City's Fence By-law. COMMITTEE OF ADJUSTMENT - 4 - APRIL 20, 1999 2. Submission No. F 2~99 - Graham Douqlas, cont'd The intent of the 4.5 metre (14.76 ft.) setback requirement is to ensure that both vehicular and pedestrian visibility is unobstructed. Additionally, the setback is necessary to provide unobstructed visibility for the abutting property owner when their driveway access is close to the fence location. The proposed fence will not be located within the 15 metre (50 ft.) visibility corner, and as such, the location of the fence will not cause a visibility concern for vehicles at the intersection of Daimler Drive and Idle Ridge court. Traffic and Parking are recommending the inclusion of 4.5 metre interior visibility corner adjacent to the applicant's driveway and the neighbour's driveway at 35 Daimler Drive, to provide sufficient visibility for vehicles entering or exiting both properties. With the inclusion of the 4.5 metre visibility corner as recommended by Traffic and Parking, there will be no apparent impact on vehicular or pedestrian safety, and the general intent and purpose of the By-law and Municipal Plan will be maintained. The variance can be considered minor in nature. As it will not adversely affect the neighbouring property. The proposed fence for a swimming pool enclosure would be an appropriate use of the land. The Department of Business and Planning Services recommends approval of Submission F 2/99, as amended to provide a visibility triangle. 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, Traffic & parking Division, in which he advised that this Division has reviewed this application and are recommending that the proposed fence be approved, but only if the fence is constructed outside of the daylight triangle, not only at the driveway of 39 Daimler Drive, but also at the driveway of 35 Daimler Drive. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection or concerns with respect to this submission. The Chair reviewed the comments of the Department of Business & Planning Services, noting that staff are recommending the application be amended to provide a visibility triangle. The Chair inquired of Mrs. Douglas if she had reviewed staff's comments and was in agreement with the amendment. Mrs. K. Douglas responded that she had reviewed the comments and was in agreement with the proposed amendment. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the applicant of Graham Douglas requesting permission to construct a 1.8 m (6 ft.) high fence with a setback from Daimler Drive of 1.8 m ( 6 ft.), rather than the required 4.5 m (14.8 ft.), on Lot 5, Plan 1647, 39 Daimler Drive, Kitchener, Ontario BE APPROVED, subject to the following condition: That the owner shall provide a 4.5 m (14.8 ft.) interior visibility corner adjacent to the driveway at 39 Daimler Drive and the neighbouring driveway at 35 Daimler Drive to provide sufficient visibility for vehicles entering or exiting both properties. 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. COMMITTEE OF ADJUSTMENT - 5 - APRIL 20, 1999 ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 20th day of April, 1999. Carried J. Billett Secretary-Treasurer Committee of Adjustment