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HomeMy WebLinkAboutAdjustment - 2005-11-15 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 15~ 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Transportation Planner, Ms. D. Gilchrist, Secretary-Treasurer and Ms. T. Kraemer, Administrative Clerk. Mr. P. Britton, 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 (Fence) 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, November 28, 2005, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1 . Submission No.: Applicant: Property Location: Leaal DescriDtion: FN 2005-007 Shannon & Brian Walls 122 Edgehill Drive Lot 15, Plan 698 Appearances: I n Support: Mr. B. Walls Contra: None Written Submissions: Neighbourhood Petition The Committee was advised that the applicant requests legalization of an existing fence having a maximum height of 1.2 m (3.93 ft.) along 4.87 m (15.97 ft.) of the Stanson Close property line, and having a maximum height of 1.82 m (5.97 ft.) along the remaining 22.55 m (73.98 ft.) of the Stanson Close property line, rather than a height of 0.9 m (3 ft.). The Committee considered the report of the Development and Technical Services Department, dated November 8, 2005, advising in considering the requested variances to the City of Kitchener Fence By-law, Planning staff offer the following comments. In consultation with Transportation Planning staff it was noted that a small portion of the rear fence infringes into the driveway visibility triangle of the adjacent property at 20 Stanson Close. The extent of the visibility triangle, which is 4.5 metres in length from the rear corner of the property at Point 1 to Point 2, is illustrated in the attached drawing. For the 4.5 metre distance the fence is only permitted to be a maximum height of 0.9 metres. Consequently, the application should be amended to include an additional variance to permit a fence in this location to have a maximum height of 1.82 m rather than the maximum permitted 0.9 metres. Given the location of the existing driveway on the adjacent property at 20 Stanson Close and the configuration of the rear lot line and driveway visibility triangle in relation to this property, Planning staff has no objections to the proposed additional variance. COMMITTEE OF ADJUSTMENT 10 NOVEMBER 15, 2005 1. Submission No.: FN 2005-007 (Cont'd) Based on the foregoing, Planning staff recommend that the application as amended be approved. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Mr. Walls advised the Committee this fence has existed for 12 to 15 years, and, as indicated by the neighbourhood petition, all the neighbours on Stanson Close are in support of this application. He asked that this application be approved as submitted. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Shannon & Brian Walls requesting legalization of an existing fence having a maximum height of 1.2 m (3.93 ft.) along 4.87 m (15.97 ft.) of the Stanson Close property line, and having a maximum height of 1.82 m (5.97 ft.) along the remaining 22.55 m (73.98 ft.) of the Stanson Close property line, rather than a height of 0.9 m (3 ft.), on Lot 15, Plan 698, 122 Edgehill Drive, 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. 3. The general intent and purpose of the City of Kitchener Municipal Code Chapter 630 (Fence) is being maintained on the subject property. Carried 2. Submission No.: Applicant: Property Location: Leaal DescriDtion: FN 2005-008 Susan Vann & Boyd Ralph 2 Crest Haven Street Lot 17 , Plan 58M-158 Appearances: I n Support: Ms. S. Vann Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a fence with a maximum height of 1.8 m (5.97 ft.) to be set back from the Forest Edge Trail property line a variable distance with a distance of 0.6 m (1.96 ft.) at the shortest point, rather than having a setback of 1.5 m (4.92 ft.). The Committee considered the report of the Development and Technical Services Department, dated November 9, 2005, advising they have no concerns with this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Susan Vann & Boyd Ralph requesting permission for a fence with a maximum height of 1.8 m (5.97 ft.) to be set back from the Forest Edge Trail property line a variable distance with a distance of 0.6 m (1.96 ft.) at the shortest point, rather than having a setback of 1.5 m (4.92 ft.), on Lot 17, Plan 58M-158, 2 Crest Haven Street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 11 NOVEMBER 15, 2005 2. Submission No.: FN 2005-008 (Cont'd) 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 (Fence) is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:10 a.m. Dated at the City of Kitchener this 15th day of November, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment