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HomeMy WebLinkAboutAdjustment - 2000-04-11 FENCOA\2000-04-11-FEN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 11, 2000 MEMBERS PRESENT: Messrs. S. Kay, A. Galloway and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called this meeting to order at 10:00 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, April 17, 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 2000-002 Virginia & John Amorim 3 Parsons Court Lot 37, Registered Plan 1625 Appearances: In Support: Mr. & Mrs. J. Amorim 3 Parsons Court Kitchener ON N2M 2Y6 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 1.83 m (6 ft.) high wooden fence having a sideyard setback of 2 m (6.56 ft.) from Northforest Trail, rather than the required 4.57 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 1.83 metre (6 foot) high wooden fence located 2 metres (6.6 feet) from the sidewalk along Northforest Trail rather than the maximum permitted height of 0.91 metres (3 feet). The submitted application requests to locate the fence 2 metres from the sidewalk. Staff has confirmed with City records that the property line is not located at the sidewalk but is actually 0.3 metres (1 foot) in from the concrete sidewalk. Therefore, staff advise that this application should be amended to request permission to construct a 1.83 metre high wooden fence located 1.7 metres (5.6 feet) from the lot line abutting Northforest Trail, rather than the permitted maximum height of 0.91 metres (3 feet). COMMITTEE OF ADJUSTMENT -5 - APRIL 11, 2000 The applicants wish to construct the 1.83 metre high fence to provide a secure play area for their child and dog. Submission No.: FN 2000-002(Cont'd) The intent of the 4.5 metre setback from the lot line is to maintain visibility for pedestrian and vehicular traffic. It is noted that the fence is not located in the corner visibility triangle of the two intersecting streets and therefore would not pose a visibility concern for traffic turning at the intersection. However, the Traffic Division has concerns regarding visibility for cars using the neighbour's driveway located at the rear of the subject lot at 37 Northforest Trail. The Traffic Division is recommending the fence be altered to include a 4.5 metre corner visibility triangle at the lot lines adjacent to 37 Northforest Trail to provide sufficient visibility for vehicles exiting the property. Provided the 4.5 metre corner visibility triangle is created as recommended by the Traffic Division there will be no apparent impact on vehicular or pedestrian safety. Consequently the general intent and purpose of the Fence By-law will be maintained and the variance could be considered minor in nature, as it will not adversely affect the neighbouring property. The Department of Business and Planning Services recommends approval of minor variance application FN 2000-002, for the fence shown on the submitted plan provided the fence is altered to provide a 4.5 metre (15 foot) corner visibility triangle at the intersection of the rearyard and left sideyard lot lines. 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 application. 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 a 4.5 m driveway visibility triangle must be provided at the corner abutting Northforest Trail and the driveway to Lot 36. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that they have reviewed the application and have no concerns; however, any development on the subject land is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. 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 application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to the application being amended to provide a 4.5 m (15 ft.) corner visibility triangle at the intersection of the rearyard and left sideyard lot lines. Mr. & Mrs. Amorim advised that they were aware of this request and were in agreement with amending their application accordingly. Mr. P. Kruse pointed out that staff are also recommending that the application be amended to request permission to construct the fence 1.7 m (5.6 ft.) from the lot line abutting Northforest Trail rather than 2m (6.56 ft.) from the sidewalk as stated in their application. Mr. & Mrs. Amorim agreed to amend their application in this regard. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Virginia & John Amorim requesting permission to construct a 1.83 m (6 ft.) high wooden fence having a sideyard setback of 1.7 m (5.6 ft.) from the lot line abutting Northforest Trail, rather than the permitted maximum height of 0.91 m (3 ft.), on Lot 37, Registered Plan 1625, 3 Parsons Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the location of the fence shall include provision of a 4.5 m (14.76 ft.) corner visibility triangle at the intersection of the rearyard and left sideyard lot lines. COMMITTEE OF ADJUSTMENT -6 - APRIL 11, 2000 Submission No.: FN 2000-002(Cont'd) 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 advised Mr. & Mrs. Amorim that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of April 17, 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. Submission No.: Applicant: Property Location: Le.qal Description: FN 2000-003 Danya & Len Hundt 203 Misty Court Lot 71, Re.qistered Plan 1718 Appearances: In Support: Mr. B. Hundt 203 Misty Court Kitchener ON N2B 3V4 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 1.83 m (6 ft.) high wooden fence having a sideyard setback of 0 m from Misty Street, rather than the required 4.57 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 1.83 m ( 6 ft.) high wooden fence having a sideyard setback of 0 m from Misty Street rather than the required 4.57 m (15 ft.). The applicant is seeking permission to enclose the rear of the property for privacy while maximizing the useable amenity area of the property. The requested variance is for a 15 m (50 ft.) section of fence along Misty Street from the rear of the existing deck to the rear corner of the property. The fence will be located approximately 20 m (65 ft.) from the intersection of Misty Court and Misty Street, well away from the daylight corner. In this location, the fence will have no impact on vehicular or pedestrian traffic. As well, the abutting property has driveway access from Keewatin Avenue and the proposed fence will have no impact on the neighbouring property. It should be noted that the setback is measured from the lot line and the owner must ensure the fence is located entirely within their own property. As the proposed fence will have no impact on vehicular and pedestrian traffic, or on the neighbouring property, the variance can be considered minor in nature. The proposed fence is an appropriate use of the land, and will maintain both the general intent and purpose of the City's Municipal Plan and Fence By-law. The Department of Business and Planning Services recommends approval of Submission No. FN 2000-003. COMMITTEE OF ADJUSTMENT -7 - APRIL 11, 2000 Submission No.: FN 2000-003(Cont'd) 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 application. 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 have no concerns with the proposed fence location. The Committee noted the comments of the Assistant City Solicitor in which she advised that the request to construct a fence parallel to Misty Street has been reviewed by the appropriate staff. Engineering staff advised that the City owns .3 metres from the back edge of the sidewalk along Misty Street and this area must remain free of obstructions. It would appear from the drawing provided that the desired location of the fence is .64 metres from the back edge of the sidewalk and accordingly, the fence would not encroach onto City property and therefore permission to encroach is not required. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that they have reviewed the application and have no concerns; however, any development on the subject land is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. 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 and enquired if Mr. Hundt had anything further to add. Mr. Hundt responded that he had received the comments and had nothing further to add. Mr. P. Kruse enquired if the applicant understood that approval was based on the fence being constructed within the property line and Mr. Hundt concurred. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Len & Danya Hundt requesting permission to construct a 1.83 m (6 ft.) high wooden fence having a sideyard setback of 0 m from Misty Street, rather than the permitted maximum height of 0.91 m (3 ft.), on Lot 71, Registered Plan 1718, 203 Misty Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the location of the fence shall be as shown on the sketch submitted with the application. 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 advised Mr. Hundt that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of April 17, 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. COMMITTEE OF ADJUSTMENT -8 - APRIL 11, 2000 ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 11th day of April, 2000. J. Billett Secretary-Treasurer Committee of Adjustment