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HomeMy WebLinkAboutAdjustment - 2000-05-30 FENCOA\2000-05-30-FENCE COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 30, 2000 MEMBERS PRESENT: Ms. S. Campbell and Messrs. B. Dahms and A. Galloway. OFFICIALS PRESENT: Mr. L. Masseo, Intermediate Planner, Mr. G. Richardson, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. B. Dahms, Chair, called this meeting to order at 9:30 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, June 5, 2000, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS Submission No.: Applicant: Property Location: Le.qal Description: FN 2000-004 Kelly McAIlister 36 Montrose Avenue Lot 47, Re,qistered Plan 778 Appearances: In Support: Mr. D. Valin 76 Timberlane Crescent Kitchener ON N2N 1S9 Contra: None Written Submissions: In Support: None Contra: None The Chair noted that the Committee was advised by the Secretary-Treasurer prior to the start of this meeting that the subject property has been sold to Mr. Dan Valin, who had been requested to provide documentation proving ownership. In this regard, the Chair enquired if Mr. Valin had brought with him any documentation to prove that he is now the owner of 36 Montrose Avenue and Mr. Valin responded that he had not. Accordingly, the Chair suggested that the application be deferred to allow Mr. Valin an opportunity to provide the necessary documentation. Ms. J. Billett advised that Mr. Valin has indicated that he may wish to submit his own minor variance application in place of the application before the Committee this date and suggested that the Committee may wish to defer this application to the July 18th meeting to allow Mr. Valin an opportunity to submit an application of his own. By general consent, the Committee agreed to defer consideration of this application to its meeting to be held on July 18, 2000. COMMITTEE OF ADJUSTMENT - 12 - MAY 30, 2000 The Committee then recessed the meeting, temporarily, at 9:35 a.m., in order to remainder of its Unfinished Business agenda respecting a consent application. reconvened at 10:00 a.m. consider the This meeting APPLICATION Submission No.: Applicant: Property Location: Legal Description: FN 2000-005 Brian & Carmen Hatton 274 Westforest Trail Part Lot 24, Plan 1689, designated as Part 11 on Reference Plan 58R-9584 Appearances: In Support: Mr. B. Hatton 274 Westforest Trail Kitchener ON N2N 3H9 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a wooden fence 1.2 m (4 ft.) from the property line adjacent to Highgate Road, having a height of 1.82 m (6 ft.), rather than the required 0.91 m (3 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting the variance to the Fence By-law to provide a larger rear yard amenity area that is intended to have a swimming pool and landscaping. A swimming pool requires a minimum 1.5 m (5 ft.) high enclosure. The proposed fence will comply with the height requirement for a swimming pool enclosure. The proposed fence is intended to start at the rear corner of the dwelling and extend to the rear of the property, maintaining a 1.2 m (4 ft.) setback from the property line abutting Highgate Road. The fence is to extend across the rear of the property and connect with the existing fence on the interior side lot line. The property currently backs onto a vacant lot. However, a building permit has been issued to construct a single detached dwelling. The Building Department advises that the driveway for the new dwelling is to be located on the right hand side of the lot, and as such, the proposed fence will not impact visibility for the new dwelling. The proposed 1.82 m (6 ft.) fence/pool enclosure is an appropriate and desirable use of the property. The fence will have no adverse effect on the neighbouring property, and therefore the impact of the variance can be considered minor. The fence will maintain both the 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 2000-005 as submitted. 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 & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the location or height of 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 application. COMMITTEE OF ADJUSTMENT - 13 - MAY 30, 2000 1. Submission No.: FN 2000-005 (Cont'd) The Chair reviewed the staff comments, noting that staff are recommending that the application be approved and enquired if Mr. Hatton had anything further to add. Mr. B. Hatton advised that he had received the staff comments and had nothing further to add. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Brian and Carmen Hatton requesting permission to construct a wooden fence 1.2 m (4 ft.) from the property line adjacent to Highgate Road, having a height of 1.82 m (6 ft.), rather than the required 0.91 m (3 ft.), on Part Lot 24, Plan 1689, designated as Part 11 on Reference Plan 58R-9584, 274 Westforest Trail, 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 (Fences) is being maintained on the subject property. Carried The Chair advised Mr. Hatton that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of June 5, 2000, at 7:00 p.m., in the Council Chamber and advised that he may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 30th day of May, 2000. J. Billett Secretary-Treasurer Committee of Adjustment