HomeMy WebLinkAboutAdjustment - 2001-06-19 FENCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JUNE 19, 2001
MEMBERS PRESENT:
Messrs. S. Kay, P. Britton 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 10:00 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 that 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 Tuesday, July 3, 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 2001-006
Applicant:
Robert & Diana Desormeau
Property Location:
97 Meadowlane Drive
Legal Description:
Lot 356, Registered Plan 1291
Appearances:
In Support:Mr. & Mrs. R. Desormeau
97 Meadowlane Drive
Kitchener ON N2N 1E8
Contra:None
Written Submissions:
In Support:None
Contra:None
The Committee was advised that the applicant is requesting permission to construct a wooden
fence setback 0 m from the westerly sideyard adjacent to Forestwood Drive, from the rear lot
line and continuing along the sideyard a distance of 24.38 m (80 ft), 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 variance approval is required only for that portion of the fence within
4.5 m (15 ft.) of the Forestwood Drive lot line, beyond which the fence may be 1.83 m in
height. The applicants wish to construct the fence to provide privacy in their rear yard and to
have an enclosed area to contain their dog. The intent of the 0.91 metre height restriction within
4.5 metres of a side lot line abutting a street is to ensure adequate pedestrian and vehicular
visibility. It is noted that the fence is not located within the corner visibility triangle and therefore
would not pose a visibility concern for traffic turning at the intersection. In addition, neither the
driveway on the subject property nor the driveway on the neighbouring driveway is adjacent to the
proposed fence and therefore there is no visibility concern for vehicles using the driveway. The
Traffic Division has no concerns regarding the requested variance.
COMMITTEE OF ADJUSTMENT- 14 -JUNE 19, 2001
Submission No.:
1. FN 2001-006 (Cont’d)
Based on the above comments, it is the opinion of staff that the general intent of the by-law is
being met. The requested variance is considered minor in nature and appropriate development
of the property and surrounding residential area.
The Department of Business and Planning Services recommends approval of minor variance
FN 2001-006 as shown on the attached drawing.
The Committee noted the comments of the Director of Building, Traffic & Parking Anaylst and the
Grand River Conservation Authority in which they advised that they have no concerns with
respect to this application.
The Chair reviewed the staff comments, noting that staff are recommending approval of the
application and inquired if Mr. & Mrs. Desormeau had anything further to add. Mr. Desormeau
advised that he had reviewed 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. P. Britton
Seconded by Mr. B. Isaac
That the application of Robert & Diana Desormeau requesting permission to construct a wooden
fence setback 0 m from the westerly sideyard adjacent to Forestwood Drive, from the rear lot line
and continuing along the sideyard a distance of 24.38 m (80 ft.), having a height of 1.82 m (6 ft.),
rather than the permitted 0.91 m (3 ft.), on Lot 356, Registered Plan 1291, 97 Meadowlane Drive,
BE APPROVED
Kitchener, Ontario, , subject to the following condition:
1. That the variance as approved in this application shall be generally in accordance with the
plan submitted with Fence Variance Application, Submission No. FN 2001-006.
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 Mr. & Mrs. Desormeau that the decision of the Committee is a
recommendation to Council, which will be considered at the Council meeting of July 3, 2001, at
7:00 p.m., in the Council Chamber and they may register as a delegation to appear before
Council at that time.
Submission No.:
2.FN 2001-007
Applicant:
Krzysztof Zakrzewski & Barbara Kiel
Property Location:
63 Highview Drive
Legal Description:
Lot 632, Registered Plan 1452
Appearances:
In Support:Mr. K. Zakrzewski
63 Highview Drive
Kitchener ON N2N 1X1
Contra:None
Written Submissions:
In Support:None
Contra:None
COMMITTEE OF ADJUSTMENT- 15 -JUNE 19, 2001
Submission No.:
2. FN 2001-007 (Cont’d)
The Committee was advised that the applicant is requesting permission to construct a wooden
fence setback 0.6 m (1.97 ft.) from the westerly sideyard adjacent to Hickory Hollow Crescent,
from the rear lot line and continuing along the sideyard a distance of 25.6 m (84 ft.), 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 fence to be able to enjoy more privacy in
the rear yard area. Fences on corner lots are permitted to a maximum height of 0.91 m (3 ft.)
within 4.5 m (15 ft.) of the side lot line abutting the street. The intent of the regulation is to
ensure clear and unobstructed visibility for both pedestrian and vehicular traffic. The proposed
fence will be located outside of the daylight corner and as such will have no impact on traffic
movements at the intersection of Highview Drive and Hickory Hollow Crescent. The neighbouring
property at 11 Hickory Hollow Crescent abuts the rear lot line of the subject property and has
driveway access approximately 10.3 m (34 ft.) from the rear lot line of 63 Highview Drive. Staff
are of the opinion that the 10.3 m (34 ft.) distance from the proposed fence to the neighbour’s
driveway plus the additional 0.6 m (1.97 ft.) setback of the fence will provide adequate visibility for
vehicles entering or exiting the driveway.Staff are of the opinion that the requested variance is
minor in nature and appropriate for the property. Traffic and Parking staff have no concern with
the proposed fence location.
The Department of Business and Planning Services recommends approval of Submission FN
2001-007 as submitted.
The Committee noted the comments of the Director of Building, Traffic & Parking Anaylst and the
Grand River Conservation Authority in which they advised that they have no concerns with
respect to this application.
The Chair reviewed the staff comments, noting that staff are recommending approval of the
application and inquired if Mr. Zakrzewski had anything further to add. Mr. Zakrzewski advised
that he had reviewed 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. B. Isaac
Seconded by Mr. P. Britton
That the application of Krzysztof Zakrzewski and Barbara Kiel requesting permission to construct
a wooden fence setback 0.6 m (1.97 ft.) from the westerly sideyard adjacent to Hickory Hollow
Crescent, from the rear lot line and continuing along the sideyard a distance of 25.6 m (84 ft.),
having a height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 632, Registered
BE APPROVED
Plan 1452, 63 Highview Drive, Kitchener, Ontario, , subject to the following
condition:
1. That the variance as approved in this application shall be generally in accordance with the
plan submitted with Fence Variance Application, Submission No. FN 2001-007.
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.
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 Mr. Zakrzewski that the decision of the Committee is a recommendation to
Council, which will be considered at the Council meeting of July 3, 2001, 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- 16 -JUNE 19, 2001
ADJOURNMENT
On motion, the meeting adjourned at 10:05 a.m.
Dated at the City of Kitchener this 19th day of June, 2001.
Janet Billett
Secretary-Treasurer
Committee of Adjustment