HomeMy WebLinkAboutAdjustment - 2002-04-16 FN
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD APRIL 16. 2002
MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and D. Cybalski.
OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 10:05 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, May 6, 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 2002-002
Phil & Cathy Clayton
54 Edenbridge Drive
Lot 76. Reaistered Plan 1608
Appearances:
In Support:
Mr. & Mrs. Phil Clayton
54 Edenbridge Drive
Kitchener ON N2A 3M4
Contra:
None
Public Submissions:
In Support:
None
Contra:
Ms. Patricia Sommers
Mr. John Myckan
7 Darlington Place
Kitchener ON N2A 3M3
The Committee was advised that the applicant is requesting permission to construct a wrought
iron fence 0 m from the lot line adjacent to Darlington Place commencing from the rear lot line
and continuing along the side yard a distance of 11.71 m (38.44 ft.), having a maximum height
of 1.62 m (5.31 ft.), rather than the permitted 0.91 m (3 ft.).
The Committee was in receipt of the following City staff / agency comments and public
submissions:
. Business & Planning Services - April 1 0, 2002 - in support;
. The following had no concerns or comments with respect to this application:
Director of Building - April 1 0, 2002
Traffic & Parking Analyst - April 13, 2002
COMMITTEE OF ADJUSTMENT
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APRIL 16, 2002
1. Submission No.: FN 2002-002 !Cont'd)
Region of Waterloo - April 9, 2002
Grand River Conservation Authority - April 5, 2002
. Patricia Sommers & John Myckan, 7 Darlington Place - April 8, 2002 - opposed; concerns
raised include position of the proposed fence that will face the front of their home obstructing
their view of a park-like setting; disproportionate with other features of the streetscape;
adverse affect on property values; safety of children and pets; and obscured visibility of
vehicles.
Mr. P. Clayton advised that he had reviewed the staff comments and was in agreement with the
recommendation contained therein. Mr. Clayton then responded to the letter of objection, noting
the following:
. the proposed fence will be located along the property lot line rather than along the roadway
and there is approximately 15 ft. between the lot line and the roadway that contains City
owned green space;
. there is no sidewalk along the subject property and no plan in future for sidewalks to be
installed; consequently pedestrian traffic will be on the opposite side of the street;
. the park-like setting referred to is the backyard of the subject property;
. the proposed decorative wrought iron fence is a more attractive option than the chain link
fence located at 7 Darlington Place;
. an extra 2 fl. in height above the permitted 3 ft. will not detrimentally affect property values.
Mr. Clayton noted that while he cannot predict the future he intends to live at his current address
for a number of years and continue to make improvements that will enhance the value of his
property.
Moved by Mr. P. Kruse
Seconded by Mr. D. Cybalski
That the application of Phil & Cathy Clayton requesting permission to construct a wrought iron
fence 0 m from the lot line adjacent to Darlington Place commencing from the rear lot line and
continuing along the side yard a distance of 11.71 m (38.44 ft.), having a maximum height of
1.62 m (5.31 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 76, Registered Plan 1608, 54
Edenbridge 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
(Fences) 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 16th day of April, 2002.
Janet Billett
Secretary-Treasurer
Committee of Adjustment
COMMITTEE OF ADJUSTMENT
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APRIL 16, 2002