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HomeMy WebLinkAboutAdjustment - 2000-08-15 FENCOA\2000-08-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 15, 2000 MEMBERS PRESENT: Messrs, S, Kay, P, Kruse and A, Galloway, 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, August 28, 2000, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. APPLICATIONS Submission No.: Applicant: Property Location: Le.qal Description: FN 2000-007 Joel & Lisa Wright 66 Medford Street Part Block 69, Re.qistered Plan 1532 Appearances: In Support: Mr. J. Wright 66 Medford Street Kitchener ON N2N 2J1 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a wooden fence 1.52 m (5 ft.) from the exterior side lot line adjacent to Lennox Crescent, having a maximum 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 requesting permission to construct a wooden fence within 4.57 metres (15 feet) of the side lot line abutting Lennox Crescent having a maximum height of 1.82 metres (6 feet) rather than the permitted 0.91 metres (3 feet). It is noted that the applicant's drawings indicate the fence will be 1.21 metres (4 feet) from the interior edge of the sidewalk, but it does not state the exact distance the fence will be from the property line. The applicant has since confirmed that the fence will actually be located 1.21 metres (4 feet) from the lot line abutting Lennox Crescent. Therefore it is advised that this application be amended to clarify the request to construct a fence located 1.21 metres (4 feet) from the lot line abutting Lennox Crescent having a height of 1.82 metres. COMMITTEE OF ADJUSTMENT - 20 - AUGUST 15, 2000 The applicants wish to construct the 1.82 metre high fence to provide greater privacy in their rearyard. Submission No.: FN 2000-007 (Cont'd) The intent of the 4.5 metre setback from the lot line abutting a street is to maintain visibility for pedestrian and vehicular traffic. It is noted that the fence is not located within the corner visibility triangle of the two intersecting streets and therefore would not pose a visibility concern for traffic turning at the intersection. In addition, it is noted that neither the subject driveway or neighbouring driveway is adjacent to the fence and therefore would not be a visibility concern for vehicles using either driveway. The Traffic Division has no concerns regarding the subject variance. It is staff's opinion that the general intent of the by-law is being met. The variance is considered minor in nature as it will not adversely affect the neighbouring properties and it is also considered appropriate development of the property and surrounding residential area. The Department of Business and Planning Services recommends approval of the requested variance as amended and as shown on the submitted drawing. The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the proposed fence location. 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 Grand River Conservation Authority in which they advised that they have no objection to this application. The Chair reviewed the staff comments, noting that Planning staff are recommending approval of the application subject to it being amended to allow for the fence to be located 1.21 m from the lot line abutting Lennox Crescent rather than 1.52 m. The Chair inquired if the applicant was prepared to amend their application accordingly and if the distance had been measured by survey. Mr. J. Wright responded that he did have a copy of the survey for the property from which the distance had been determined and he was prepared to amend his application to allow the fence to be constructed 1.21 m from the lot line abutting Lennox Crescent. Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of Joel and Lisa Wright requesting permission to construct a wooden fence 1.21 m (4 ft.) from the exterior side lot line adjacent to Lennox Crescent, having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.) on Part Block 69, Registered Plan 1532, 66 Medford Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be in accordance with the drawings submitted with the Minor Variance Application, Submission No. FN 2000-007. 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. Wright 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 COMMITTEE OF ADJUSTMENT - 21 - AUGUST 15, 2000 the Council Chamber and he may register as a delegation to appear before Council at that time. Submission No.: Applicant: Property Location: Le.qal Description: FN 2000-008 Jill Barber 31 Windrush Trail Lot 13, Re.qistered Plan 1710 Appearances: In Support: Ms. J. Barber 31 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 a wooden fence 0.30 m (0.98 ft.) from the exterior side lot line adjacent to Huntingwood Court, having a maximum 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 staff note that the agenda should reflect that the applicant is requesting permission to construct a 1.84 m (6 ft.) high wrought iron fence with a 0.91 m (3 ft.) setback from the side lot line adjacent to Huntingwood Court. The applicant is requesting permission for the 1.84 m (6 ft.) high fence to provide a larger amenity area for the property. The 4.5 m (15 ft.) required setback is believed to eliminate a large portion of the useable yard area. The property is located at the corner of Windrush Trail and Huntingwood Court, and the proposed fence will be located approximately 16.5 m (54 ft.)from the intersection of the property lines at the corner, being situated well away from the daylight corner. The Traffic and Parking Division have no concerns with the location of the proposed fence. The neighbouring property at 7 Huntingwood Court has driveway access located on the opposite side of the lot from the proposed fence location, and therefore the fence will have no impact on the property. The proposed fence will not impact pedestrian and vehicular movements, and the variance can therefore be considered minor in nature. The 1.84 m (6 ft.) wrought iron fence with a 0.91 m (3 ft.) setback is an appropriate and desirable use of the property, and maintains the intent and purpose of the Fence By-law. The Department of Business and Planning Services recommends approval of Submission FN 2000-008. The Committee noted the comments of the Supervisor, Traffic & Parking Services, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the proposed fence location. 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 Grand River Conservation Authority in which they advised that they have no objection to the above noted application. The Chair reviewed the staff comments, noting that Planning staff are recommending approval of the application and inquired if Ms. Barber had anything further to add. Ms. J. Barber advised that she had nothing further to add. COMMITTEE OF ADJUSTMENT - 22 - AUGUST 15, 2000 Submission No.: FN 2000-008 (Cont'd) Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Jill Barber requesting permission to construct a wrought iron fence 0.91 m (3 ft.) from the exterior side lot line adjacent to Huntingwood Court, having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 13, Registered Plan 1710, 31 Windrush 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 (Fence) is being maintained on the subject property. Carried The Chair advised Ms. Barber 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 she may register as a delegation to appear before Council at that time. ADJOURNMENT On motion, the meeting adjourned at 10:08 a.m. Dated at the City of Kitchener this 15th day of August, 2000. J. Billett Secretary-Treasurer Committee of Adjustment