HomeMy WebLinkAboutAdjustment - 2001-01-09 FENCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JANUARY 9, 2001
MEMBERS PRESENT:
Messrs. S. Kay, D. Cybalski and B. Isaac.
OFFICIALS PRESENT:
Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 10:35 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, January 29, 2001, at 7:00 p.m., and
the applicants may register with the City Clerk to appear at the meeting if desired.
NEW BUSINESS
Submission No.:
1.FN 2001-001
Applicant:
Catherine J. Gillin
Property Location:
35 Susan Crescent
Legal Description:
Lot 26, Registered Plan 1787
Appearances:
In Support:Ms. C. Gillin
35 Susan Crescent
Kitchener ON N2A 4A8
Contra:None
Written Submissions:
In Support:None
Contra:None
The Committee was advised that the applicant is requesting permission to legalize an existing
staggered wooden fence located along the northerly interior side lot line, having a maximum
height of 2.74 m (9 ft.), rather than the permitted 2.44 m (8 ft.).
The Committee noted the comments of the Department of Business & Planning Services in
which they advised that the applicant is seeking permission to legalize an existing fence made
of 4" x 4" cedar posts with a 16 inch section being higher than the permitted 8 feet.
The fence is located between 35 Susan Crescent and 39 Susan Crescent extending from the
rear of the dwelling toward the rear property line. The fence is located approximately 2 inches
inside the property line of 35 Susan Crescent. There are four of the 4" x 4" cedar posts higher
than 8 feet at the section of the fence closest to the rear of the dwelling. The height of the four
posts in question is 8' 2", 8'6", 8'8" and 9'. The section of the fence higher than the permitted 8
feet is only 16 inches in length.
The applicant advises that the fence was purposely made slightly higher than the permitted 8 feet
in this location to provide more privacy when they are on the existing deck which is approximately
3 feet from grade. The neighbouring property at 39 Susan Crescent also has a rear door and
COMMITTEE OF ADJUSTMENT- 2 -JANUARY 9, 2001
Submission No.:
1.FN 2001-001 (Cont'd)
deck in approximately the same location as the subject property. The applicant wishes to
continue having a more private rear yard with the small section of fence being slightly higher than
the permitted 8 feet.
As the infraction to the by-law is for a 16 inch section of fence with the highest post being 9 feet,
staff consider this variance to be minor in nature and desirable for the appropriate development of
the lot.
The Department of Business and Planning Services recommends approval of Submission FN
2001-001.
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 of
the existing fence.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objection to this application.
The Committee also noted photographs submitted with this application.
The Chair reviewed the staff comments, noting that staff are recommending approval of the
application and enquired if Ms. Gillin had anything further to add. Ms. Gillin advised that she had
reviewed the staff reports and had nothing further to add.
As there were no further questions or comments forthcoming, the Chair called for a motion.
Moved by Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of Catherine J. Gillin requesting permission to legalize an existing staggered
wooden fence located along the northerly interior side lot line, having a maximum height of 2.74
m (9 ft.), rather than the permitted 2.44 m (8 ft.), on Lot 26, Registered Plan 1787, 35 Susan
BE APPROVED.
Crescent, Kitchener, Ontario,
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.
3.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 Ms. Gillin that the decision of the Committee is a recommendation to
Council, which will be considered at the Council meeting of January 29, 2001, at 7:00 p.m., in
the Council Chamber and she may register as a delegation to appear before Council at that
time.
COMMITTEE OF ADJUSTMENT- 3 -JANUARY 9, 2001
ADJOURNMENT
On motion, the meeting adjourned at 10:37 a.m.
Dated at the City of Kitchener this 9th day of January, 2001.
J. Billett
Secretary-Treasurer
Committee of Adjustment