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HomeMy WebLinkAboutAdjustment - 2002-02-19 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 19. 2002 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:15 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, March 18, 2002, 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 Description: FN 2002-001 Catherine Steinberg 39 Fairbank Place Lot 13. Reaistered Plan 1441 Mr. B. Isaac declared a pecuniary interest in this application as he has collaborated in the past with the Solicitor for the applicant on other matters and did not participate in any discussion or voting with respect to this application. Mr. Isaac left the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Mr. R. H. Waters Waters & Hastings 21 Arthur St. S. Elmira, ON N3B 2M4 Ms. C. Steinberg 39 Fairbank PI. Kitchener, ON N2E 2R3 Contra: Ms. D. Merner 35 Fairbank PI. Kitchener, ON N2E 2R3 Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing chain link fence setback 0.04 m (0.16 ft.) from the front lot line, along the southerly side yard a distance of approximately 7.62 m (25 ft.), having a maximum height of 1.52 m (5 ft.), rather than the permitted 0.91 m (3 ft.). COMMITTEE OF ADJUSTMENT - 2 - FEBRUARY 19, 2002 1. Submission No.: FN 2002-001 !Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - February 13, 2002 - in support subject to an amendment to require the height of the fence to be reduced to 0.91 m (3 ft.) within 4.5 m (15 ft.) of the front lot line; . Traffic & Parking Analyst - February 14, 2002 - opposed to existing fence as it is within the 4.57 m (15 fl.) driveway visibility triangle; . The following had no concerns or comments with respect to this application: . Director of Building - January 29, 2002 . Region of Waterloo - January 30,2002 . Grand River Conservation Authority - January 31 , 2002. The Chair reviewed the comments and inquired if the applicant had anything further to add. Mr. R. Waters, Solicitor for the applicant, advised that his client had constructed the fence because of problems experienced with the neighbouring property owners. At the time of construction, he advised that his client was unaware of the requirements of the By-law. He stated that since construction, his client has been able to enjoy the privacy of her property and the fence provides a safe enclosure for her pets. Mr. Waters further pointed out that the fence is chain link which, in his opinion, should not cause a problem with sight lines and suggested that it would be appropriate in this case to allow the fence to remain. Ms. C. Steinberg added that the problems referred to respecting the neighbouring property relate to property standards issues. Ms. D. Merner, owner of 35 Fairbank Place, was in attendance to oppose the application. She advised that the property standards issues relate to renovations taking place on her property and expressed concern regarding construction of the fence without prior consultation and in contravention of the By-law; barking dogs; unsightliness of the fence and its black colour; the close proximity of the two driveways on either side of the fence; and problems with snow removal. In response to questions from Mr. P. Britton, Ms. Merner advised that her concerns relate specifically to the height, colour and location of the fence and its potential safety hazard. In reponse to questions, Ms. J. Given clarified that the By-law regulates only the height and location of fences and the subject fence could be located right up to the lot line if it complied with the height restriction. The Chair referred to the recommendation of staff to lower the fence to 0.91 m within the 4.5 m daylight visibility triangle and inquired if this was acceptable to the applicant. Ms. Steinberg responded that she would prefer not to do so. Ms. Steinberg also provided further comment relative to issues raised by Ms. Merner concerning snow removal and pets. In response to further questions, Ms. Given pointed out that concern with respect to the height of the fence relates to safety and the ability of motorists to see when entering or exiting either of the two driveways, and the staff recommendation addresses this issue. Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of Catherine Steinberg requesting permission to legalize an existing chain link fence commencing from a point 4.5 m (15 ft.) from the front lot line, along the southerly side yard toward the existing dwelling a distance of 3.96 m (13 ft.), having a height of 1.52 m (5 ft.) rather than 0.91 m (3 ft.), on Lot 13, Registered Plan 1441, 39 Fairbank Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the height of the existing fence shall be reduced to 0.91 m (3 ft.) within 4.5 m (15 ft.) of the front lot line. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT - 3 - FEBRUARY 19, 2002 1. Submission No.: FN 2002-001 !Cont'd) 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 ADJOURNMENT On motion, the meeting adjourned at 10:45 a.m. Dated at the City of Kitchener this 19th day of February, 2002. Janet Billett Secretary-Treasurer Committee of Adjustment