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Home My WebLink AboutAdjustment - 2000-02-08 FENCOA\2000-02-08-FEN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 8, 2000 MEMBERS PRESENT: Ms. S. Campbell and Messrs. B. Dahms and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. B. Dahms, Chair, called this meeting to order at 10:15 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 630 (Fences) of the City of Kitchener Municipal Code. The Committee will not make a decision on these applications 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 recommendations will be forwarded to City Council on Monday, February 28, 2000, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. APPLICATION Submission No.: Applicant: Property Location: Le.qal Description: FN 2000-001 Lori Butler & Mark Laronde 28 Windrush Trail Lot 123, Re.qistered Plan 1710 Ms. S. Campbell declared a pecuniary interest in this application as she is acquainted with the applicant and did not participate in any discussion or voting with respect to this application. Ms. S. Campbell left the meeting during consideration of this application and, pursuant to the Conflict of Interest Act the application was considered by the remaining two members. Appearances: In Support: Ms. L. Butler 28 Windrush Trail Kitchener ON N2P 2A7 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct an ornamental iron fence having a height of 1.52 m (5 ft.), rather than the required 0.91 m (3 ft.), from the existing driveway along the lot line of the sideyard abutting Waterbridge Court and continuing along the rearyard lot line to join with an existing board fence. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to construct an ornamental iron fence having a height of 1.52 meters (5 feet) rather than the permitted 0.91 meters (3 feet) from the existing driveway along the lot line of the side yard abutting Waterbridge Court and continuing along the rear yard lot line to join with an existing board fence. COMMITTEE OF ADJUSTMENT - 2 - FEBRUARY 8, 2000 1. Submission No.: FN 2000-001, (Cont'd) The applicant is proposing the 1.52 meter (5 feet) fence to act as a future pool enclosure. Staff note the application should be amended to note that the vertical bars on the proposed fence will be 3 % inches apart rather than 6 inches as noted on the application. The proposed ornamental iron fence will be an adequate swimming pool enclosure. The proposed 1.52 meter (5 feet) fence will have a setback of 0 meters rather than the required 4.5 meters (15 feet) from the property line abutting a street. The applicant is going to provide a 4.5 meter (15 feet) visibility corner adjacent to the driveway, which will ensure clear and unobstructed ingress and egress of the driveway. The fence is to be situated approximately 15 meters (50 feet) from the intersection. This location will not impede visibility at the intersection. The driveway for the neighbouring property on Waterbridge Court is located on the opposite side of the lot, and as such, the proposed fence will have no impact on the neighbouring property. The ornamental fence is an appropriate and desirable use of the property and will provide adequate enclosure for the future swimming pool. The fence will not affect the neighbouring property, thus the variance can be considered minor in nature, while maintaining the general intent and purpose of both the City's Fence By-law and Municipal Plan. The Department of Business and Planning Services recommends approval of Submission FN 2000-001. The Committee noted the comments of the Director of Building in which he advised that a fence for pool enclosure shall conform to the City of Kitchener's Fence By-law. The Committee noted the comments of the Traffic Project Co-ordinator in which he advised that the Traffic & Parking Division has reviewed this application and comment that the fence should be redesigned to incorporate a 4.5 m driveway visibility triangle adjacent to the driveway. 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 application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application. The Chair questioned if Ms. Butler had an opportunity to review the comments and if she had anything further to add. Ms. Butler responded that she had received the comments this date and had nothing further to add. The Chair referred to the comments of the Department of Business & Planning Services which indicate the application should be amended to note that the vertical bars on the proposed fence will be 3 % inches apart rather than 6 inches as originally noted on the application. In this regard, the Chair enquired if Ms. Butler was amending her application. Ms. Butler responded that she had discussed this matter with a staff member and was prepared to amend her application accordingly. The Chair then referred to comments of the Traffic & Parking Division which indicate that the fence should be redesigned to incorporate a 4.5 m driveway visibility triangle adjacent to the driveway. In this regard, Ms. J. Given advised that she had not received comments from the Traffic & Parking Division; however, she understood that the applicant has made provision for the driveway visibility triangle as shown on the sketch attached to the application. She suggested that the Committee may wish to make their approval subject to the location of the fence to include the daylight triangle as shown on the sketch. Moved by Mr. A. Galloway Seconded by Mr. B. Dahms That the application of Lori Butler and Mark Laronde requesting permission to construct an ornamental iron fence, with vertical bars 0.115 m (3 % ") apart, having a height of 1.52 m (5 ft.), rather than the required 0.91 m (3 ft.), and a sideyard setback of 0 m from the property line abutting Waterbridge Court, rather than 4.5 m (15 ft.), on Lot 123, Registered Plan 1710, 28 Windrush Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT - 3 - FEBRUARY 8, 2000 Submission No.: FN 2000-001, (Cont'd) 1. That the location of the fence shall include provision of a 4.5 m (14.76 ft.) driveway visibility triangle, as shown on the sketch submitted with the application. 2. That the fence for pool enclosure shall conform to the City of Kitchener's Fence By-law. It is the opinion of this Committee that: 1. The variances approved in this application are 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. Carried The Chair pointed out to Ms. Butler that the decision of the Committee ~s a recommendation to Council, which will be considered at the Council meeting of February 28, 2000, at 7:00 p.m., in the Council Chamber and advised that they may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Dated at the City of Kitchener this 8th day of February, 2000. J. Billett Secretary-Treasurer Committee of Adjustment