HomeMy WebLinkAboutAdjustment - 2002-05-28 FN COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 28, 2001
MEMBERS PRESENT: Messrs. P. Kruse, P. Britton and B. Isaac.
OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer.
Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:10 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, June 17, 2002, 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.:
Applicant:
Property Location:
Le.qal Description:
FN 2002-003
Heidi and David Powell
109 Biehn Drive
Lot 8, Registered Plan 1582
Appearances:
In Support:
Mr. David Powell
109 Biehn Drive
Kitchener ON N2G 3W5
Contra: None
Public Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to reconstruct an
existing wooden fence setback of 0.91 m (3 ft.) from the lot line adjacent to Maxwell Drive,
from the rear lot line and continuing along the sideyard a distance of 16.5 m (54.13 ft.), having
a maximum height of 1.82 m (6 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 (if any):
· Business & Planning Services - May 21, 2002 - in support;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - April 17, 2002
· Region of Waterloo - May 8, 2002
· Grand River Conservation Authority - May 23, 2002.
The Chair reviewed the comments and enquired if Mr. Powell had anything further to add. Mr.
D. Powell advised that he had nothing further to add.
COMMITTEE OF ADJUSTMENT - 7 - MAY 28, 2002
Submission No.: FN 2002-003 (Cont'd)
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of David and Heidi Powell requesting permission to relocate an existing
wooden fence to be setback 0.91 m (3 ft.) from the lot line adjacent to Maxwell Drive, from the
rear lot line and continuing along the sideyard a distance of 16.5 m (54.13 ft.), having a
maximum height of 1.82 m (6 ft.) rather than the permitted 0.91 m (3 ft.), on Lot 8, Registered
Plan 1582, 109 Biehn 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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 630
(Fences) is being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
FN 2002-004
Gordana McKinnon & Theodore Klaassen
75 Bettley Crescent
Lot 95, Registered Plan 1307
Appearances:
In Support:
Mr. Theodore Klaassen
75 Bettley Crescent
Kitchener ON N2B 2N7
Contra: None
Public Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to legalize an existing
wooden fence 0 m from the lot line adjacent to Bettley Crescent, from the rear lot line and
continuing along the sideyard a distance of 4.87 m (16 ft.), having a maximum height of 1.98 m
(6.5 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 (if any):
· Business & Planning Services - May 22, 2002 - in support, subject to a maximum height of
1.82 m for any portion of the fence within 4.5 m of the lot line abutting Bettley Crescent;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - April 17, 2002
· Region of Waterloo - May 8, 2002
· Grand River Conservation Authority - May 23, 2002.
The Chair reviewed the comments and pointed out that Business & Planning Services staff are
requesting the application be amended to reduce the maximum height of the fence from 1.98 m
(6.5 ft.)to 1.82 m (6 ft.).
Mr. Theodore Klaassen advised that he had no difficulty in restricting the height of the fence to 6
ft.; however, requested permission to increase the area of the daylight triangle adjacent to the
driveway from 15 ft. to 20 ft. as he has future plans to widen his driveway.
COMMITTEE OF ADJUSTMENT - 8 - MAY 28, 2002
Submission No.: FN 2002-004 (Cont'd)
Ms. J. Given suggested that the Committee consider applying provision for a minimum 15 ft.
daylight triangle adjacent to the existing driveway and further pointed out that if the driveway is
widened in future, the 15 ft. daylight triangle would have to be maintained.
Mr. Klaassen advised that he was in agreement with the amendments proposed with respect to
the height of the fence and the daylight triangle.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of Theodore Klaassen and Gordana McKinnon requesting permission to
legalize an existing wooden fence 0 m from the lot line adjacent to Bettley Crescent, from the
rear lot line and continuing along the sideyard a distance of 4.87 m (16 ft.), having a maximum
height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 95, Registered Plan
1307, 75 Bettley Crescent, Kitchener, Ontario, BE APPROVED, subject to the following
condition:
That the owner shall provide a minimum 4.5 m (15 ft.) daylight visibility corner adjacent to
the existing driveway and shall maintain the 4.5 m (15 ft.) daylight visibility corner with any
future expansion of the driveway.
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 630
(Fences) is being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
FN 2002-005
Zeljko Zugaj & Christine Uhrig
82 Misty Street
Lot 22, Re.qistered Plan 1719
Appearances:
In Support:
Mr. Zeljko Zugaj
82 Misty Street
Kitchener ON N2B 3V6
Contra: None
Public Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to erect a wooden
fence 0 m from the lot line adjacent to Otterbein Road, from the rear lot line and continuing
along the sideyard a distance of 23.5 m (77.09 ft.), having a maximum height of 2.13 m (7 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 (if any):
· Business & Planning Services - May 22, 2002 - in support, subject to a maximum height of
1.82 m, rather than the requested 2.13 m, along the lot line abutting Otterbein Road;
COMMITTEE OF ADJUSTMENT - 9 - MAY 28, 2002
3. Submission No.: FN 2002-005 (Cont'd)
Traffic & Parking Anaylst - April 17, 2002 - opposed; requests modification to fence to
provide a minimum stopping sight distance of 6.7 m x 2.4 m as illustrated on an attached
drawing to address impediment to sight lines;
The following had no concerns or comments with respect to this application:
· Region of Waterloo - May 8, 2002
· Grand River Conservation Authority - May 23, 2002.
The Chair reviewed the comments and pointed out that Business & Planning Services are
requesting that the height of the fence be reduced to 6 ft. rather than the requested 7 ft. and
Traffic & Parking staff have advised that the proposed fence would impede sight lines for both
vehicles exiting Misty Street and for vehicles exiting eastbound on Otterbein Road.
Mr. Z. Zugaj advised that he was prepared to accept a reduction in the height of the fence to 6
ft.
In response to Mr. P. Kruse, Ms. J. Given advised that Traffic & Parking staff have provided an
illustration showing modification to the fence to provide a minimum stopping sight distance
which will address their concerns with respect to impediment to sight lines. Mr. Zugaj stated
that he was prepared to modify the fence as requested by Traffic & Parking staff.
Moved by Mr. B. Isaac
Seconded by Mr. P. Britton
That the application of Zeljko Zugaj and Christine Uhrig requesting permission to erect a
wooden fence 0 m from the lot line adjacent to Otterbein Road, from the rear lot line and
continuing along the sideyard a distance of 23.5 m (77.09 ft.), having a maximum height of
1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 22, Registered Plan 1719, 82
Misty Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the fence shall be modified to provide a minimum stopping sight distance, 6.7 m x 2.4
m (21.98 ft. x 7.87 ft.), adjacent to Otterbein Road as illustrated on the drawing attached to
the Traffic & Parking Analyst's memorandum, dated April 17, 2002.
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.
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 10:20 a.m.
Dated at the City of Kitchener this 28th day of May, 2002.
Janet Billett
Secretary-Treasurer
Committee of Adjustment