HomeMy WebLinkAboutAdjustment - 2006-03-14 FNCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MARCH 14, 2005
MEMBERS PRESENT:
OFFICIALS PRESENT:
Ms. D. Angel and Messrs. D. Cybalski and B. Isaac.
Mr. B. Sloan, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer and
Ms. R. Brent, Assistant Secretary-Treasurer
Mr. D. Cybalski, Chair, called this meeting to order at 10:37 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, April 3, 2006, 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.: FN 2006-004
Applicant: Patrick Flynn
Property Location: 248 Doon South Drive
Legal Description: Lot 16, Registered Plan 58M-158
Appearances:
In Support: Mr. P. Flynn
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to erect a fence 1.8m (5.9')
high to be located 0.6m (1.96') from the lot line along Forest Edge Trail for a distance of 7.3m
(23.9') from the rear lot line, rather than the permitted 0.9m (2.95') high fence.
The Committee considered the report of the Development and Technical Services Department,
dated March 8, 2006, advising the requested variance does not meeting the intent of the
changes that were made to the City's Fence By-law to provide adequate separation distance
from a taller fence structure to the sidewalk and for an appropriate width of landscaping.
Therefore, as currently proposed, staff can not support the variance. We do note that an
adjacent fence received approval of a fence variance in 2005.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 25, 2006, advising they have no concerns with this application.
Mr. Sloan advised the Fence By-law, as it relates to corner lots, was changed 2-3 years ago.
Five to six foot high fences are now permitted on corner lots to within 1.5 m of the lot line
abutting the flanking street, to provide residents with an outdoor amenity area. Mr. Sloan
noted that the neighbour to the rear of this properly received approval of this same variance
last year. At that time, staff advised they had no concerns with the variance, which was
inconsistent with the Department's usual position. He also advised the subject fence ties in
well with the rear neighbour's fence.
COMMITTEE OF ADJUSTMENT 2 MARCH 14, 2006
1. Submission No.: FN 2006-004 (Cont'd~
Mr. Flynn advised his fence was constructed last July when four neighbours got together to
build fences. He also advised he does intend to landscape the area between the fence and
the sidewalk.
Moved by Ms. D. Angel
Seconded by Mr. B. Isaac
That the application of Patrick Flynn requesting permission to erect a fence 1.8m (5.9') high to
be located 0.6m (1.96') from the lot line along Forest Edge Trail for a distance of 7.3m X23.9')
from the rear lot line, rather than the permitted 0.9m X2.95') high fence, on Lot 16, Registered
Plan 58M-158, 248 Doon South Drive, Kitchener, Ontario, BE APPROVED, subject to the
following condition:
1. That the fence shall be constructed generally in accordance with the plans 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
(Fence) 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 14th day of March, 2006.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment