HomeMy WebLinkAboutAdjustment - 2001-07-17 FENCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JULY 17, 2001
MEMBERS PRESENT:
Messrs. S. Kay, P. Kruse, P. Britton.
OFFICIALS PRESENT:
Ms. J. Given, Principal Planner and Ms. D. Gilchrist, Acting Secretary-
Treasurer.
Mr. S. Kay, 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 Monday, August 27, 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 2001-008
Applicant:
Jaime & Sandra Chicas
Property Location:
177 Windflower Drive, Kitchener
Legal Description:
Part Block 4, Registered Plan 58M-55, designated as Part 1,
Reference Plan 58R-11498
Appearances:
In Support:Ms. Sandra Chicas
177 Windflower Drive
Kitchener, Ontario
Contra:None
Written Submissions:
In Support:None
Contra:None
The Committee was advised that the applicant is requesting permission to construct a 1.82 m
(6 ft.) high fence around their rearyard with a setback from the lot line along Wake Robin Drive
of 0.3 m (1 ft.), rather than the permitted 0.91 m (3 ft.) high fence.
The Committee noted the comments of Planning Staff, dated 11 July 2001, in which they advised
that the applicant requests permission to construct a wooden fence 0 metres from the lot line
abutting Wake Robin Drive having a height of 1.83 metres (6 feet) rather than the permitted
maximum height of 0.91 metres (3 feet). This variance approval is required only for that portion of
the fence within 4.5 metres (15 feet) of the Wake Robin Drive lot line, beyond which the fence
may be 1.83 metres in height.
It is noted that the applicant's drawing indicates that the fence will be 6.4 metres (21 feet) from the
house. According to a survey on file this is the location of the property line, therefore it appears
that the fence will not encroach onto City property.
COMMITTEE OF ADJUSTMENT- 18 -JULY 17, 2001
Submission No.:
1. FN 2001-008, (Cont’d)
The applicants wish to construct the fence to provide privacy in their rear yard and to have an
enclosed area for their children to play.
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 property is adjacent to the proposed fence and therefore there is
no visibility concern for vehicles using the driveway.
Based on the above comments, it is the opinion of staff that the general intent of the bylaw is
being met. The requested variance is considered minor in nature and appropriate development
of the property and surrounding residential area.
Planning Staff recommend approval of the minor variance FN 2001-008 as shown on the drawing
attached to the application.
The Committee noted, as outlined in Planning Staff comments, that the fence will be located on
the property line along Wake Robin Drive and will not be setback 1 foot from that property line, as
indicated in the application. They agreed to consider this amendment to the application.
The Committee noted the comments of the Director of Building, the Traffic & Parking Analyst and
the Grand River Conservation Authority in which they advised that they have no concerns or
comments with respect to this application.
As there were no further questions or comments forthcoming, the Chair called for a motion.
Moved by Mr. P. Britton
Seconded by Mr. P. Kruse
That the application of Jaime & Sandra Chicas requesting permission to construct a 1.82 m (6 ft.)
high fence around their rearyard with a setback from the lot line along Wake Robin Drive of 0 m
(0 ft.), rather than the permitted 0.91 m (3 ft.) high fence on Part Block 4, Registered Plan 58M-
55, designated as Part 1, Reference Plan 58R-11498, 177 Windflower Drive, Kitchener, Ontario,
BEAPPROVED
, subject to the following condition:
1. That the variance as approved in this application shall apply to the fence location only as
shown on the plan submitted with this application.
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
COMMITTEE OF ADJUSTMENT- 19 -JULY 17, 2001
Submission No.:
1. FN 2001-008, (Cont’d)
The Chair advised Mrs. Chicas that the decision of the Committee is a recommendation to
Council, which will be considered at the Council meeting of August 27, 2001, at 7:00 p.m., in
the Council Chamber and they may register as a delegation to appear before Council at that
time.
ADJOURNMENT
On motion, the meeting adjourned at 10:05 a.m.
th
Dated at the City of Kitchener this 17 day of July, 2001.
Dianne Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment