Loading...
HomeMy WebLinkAboutAdjustment - 2000-07-18 FENCOA\2000-07-18-FENCE.doc COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 18, 2000 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. R. Parent, Traffic & Parking Analyst 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, August 28, 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 Dan Valin (Kelly McAIlister) 36 Montrose Avenue Part of Lot 47, Re,qistered Plan 778 Appearances: In Support: Mr. D. Valin 36 Montrose Avenue Kitchener ON N2M 1Y2 Contra: None Written Submissions: In Support: None Contra: None This application was originally considered by the Committee at its meeting held on May 2, 2000 at which time the application was deferred as no one was in attendance to support the application. The application was again considered on May 30, 2000 at which time Mr. Dan Valin appeared and advised that he had purchased the subject property. As Mr. Valin did not have evidence present to prove ownership the application was again deferred to allow him an opportunity to submit appropriate documentation to the Secretary-Treasurer. Subsequently, Mr. Valin submitted a revised fence application, together with a minor variance application. With respect to the revised fence application, the Committee was advised that the applicant is requesting permission to legalize an existing rearyard wooden fence 0 m from the exterior side lot line adjacent to Edgewood Drive having a height of 1.82 m (6 ft), rather than the permitted 0.91 m (3 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the variance approval is required only for that portion of the fence within 4.5 metres of the Edgewood Drive lot line, beyond which, the fence may be 1.82 metres in height. COMMITTEE OF ADJUSTMENT - 15 - JULY 18, 2000 1. Submission No.: FN 2000-004, (Cont'd) This application has been previously brought to the Committee but was deferred when the previous owner did not attend the meeting. The new owner has submitted revised drawings for the fence as attached to this application. Staff note that this variance application was originally submitted as a result of an enforcement complaint. The new owner has agreed to cut back a portion of the fence that does not comply within 4.5 metres (15 feet) of the street line and wishes to legalize only the portion that is located abutting his rear lot line, as shown on the submitted drawings. The 1.82 metre high fence along the rear lot line is requested as it would provide privacy for the subject rear lot. The Traffic Division has no concerns regarding visibility for the variance as shown on the revised drawings submitted with this application. Based on the above, it is staffs opinion that the variance is minor in nature as there are no visibility concerns. The variance meets the intent of the Fence By-law and is appropriate development for the lot and surrounding properties. The Department of Business and Planning Services recommends approval of the fence variance as shown on the revised drawings indicating a 1.82 metre high wooden fence abutting the Edgewood Drive lot line along the rear lot line only. 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 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 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 the application be approved as shown on the revised drawings and enquired if Mr. Valin had anything further to add. Mr. Valin advised that he had reviewed the staff comments and was in agreement with the recommendation contained therein. 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 Dan Valin requesting permission to legalize an existing rearyard wooden fence 0 m from the exterior side lot line adjacent to Edgewood Drive having a height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Part of Lot 47, Registered Plan 778, 36 Montrose Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be in accordance with the drawing submitted with revised minor variance application, Submission No. FN 2000- 004. 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. COMMITTEE OF ADJUSTMENT - 16 - JULY 18, 2000 1. Submission No.: FN 2000-004, (Cont'd) 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. Valin that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of August 28, 2000, at 7:00 p.m., in the Council Chamber and Mr. Valin may register as a delegation to appear before Council at that time. The Committee then recessed the meeting, temporarily, at 10:04 a.m. in order to consider an application for minor variance to the City of Kitchener's Zoning By-law. This meeting reconvened at 10:08 am. APPLICATION Submission No.: Applicant: Property Location: Legal Description: FN 2000-006 lan Doyle 283 Grey Fox Drive Part of Block 4, Plan 1822, designated as Part 14 on Reference Plan 58R-9950 Appearances: In Support: Mr. D. Wilbee 46 Briscoe Street West London ON N6J 1M3 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a wooden fence 0 m from the exterior side lot line adjacent to Wilderness Drive, having a height of 1.82 m (6 ft.), rather than the permitted 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 proposing the 1.82 m high wooden fence along the side property line abutting Wilderness Drive to create a secure enclosed rear yard area for children, and possibly a future swimming pool. The neighbouring property at 36 Waterwillow Court has driveway access off of Waterwillow Court, and as such the proposed fence will not impact the adjacent property owner. However, as indicated by Traffic, the proposed fence will obstruct adequate site lines from the intersection of Grey Fox Drive and Wilderness Drive. As such Traffic are working with the owner to arrive at a modified location acceptable to both. Should a suitable location be identified, staff are prepared to support it. The Department of Business and Planning Services recommends refusal of Submission FN 2000-006, 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 cannot support the proposed location of the fence. The proposed location of the fence would reduce visibility for vehicles COMMITTEE OF ADJUSTMENT - 17 - JULY 18, 2000 exiting Grey Fox Drive onto Wilderness Drive to 68 m. A slight adjustment of the location of the fence along the Wilderness Drive sidewalk (19 m west of the rear property line, 1.2 m off Submission No.: FN 2000-006, (Cont'd) the back edge of the sidewalk), would increase visibility to 75 m, the required Minimum Stopping Sight Distance. 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 Planning staff are recommending refusal of the application; however, indicate that Traffic staff are working with the owner to arrive at a modified location and should a suitable location be identified Planning staff would be prepared to support it. The Chair enquired if Mr. Wilbee had anything further to add and Mr. Wilbee advised that he was the proposed purchaser of the subject property. Mr. Wilbee indicated that he had met with staff of the Traffic & Parking Division and had reached an agreement that the location of the fence would be revised so that it would be setback 1.2 m from the lot line. Mr. R. Parent, Traffic & Parking Analyst, reviewed the new location in relationship to what was originally proposed and advised that Traffic staff are now satisfied the new location will not pose a visibility problem. Ms. J. Given raised concern with respect to an existing fence located to the rear of the subject property and Mr. R. Parent advised that the fence in question is owned by the adjacent property and, accordingly, should not affect this application. The Chair enquired if Mr. Wilbee was prepared to amend his application in accordance with the revised drawing and Mr. Wilbee concurred. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of lan Doyle requesting permission to construct a wooden fence 1.2 m (3.94 ft.) from the exterior side lot line adjacent to Wilderness Drive and a maximum of 19 m (62.3 ft.) west of the rear lot line, having a height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Part Block 4, Registered Plan 1822, designated as Part 14 on Reference Plan 58R-9950, 283 Grey Fox Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be in accordance with the revised drawing submitted with the Traffic & Parking Division comments dated July 12, 2000. 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. Wilbee that the decision of the Committee is a recommendation to Council, which will be considered at the Council meeting of August 28, 2000, at 7:00 p.m., in the Council Chamber and he may register as a delegation to appear before Council at that time. COMMITTEE OF ADJUSTMENT - 18 - JULY 18, 2000 ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 18th day of July, 2000. J. Billett Secretary-Treasurer Committee of Adjustment