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HomeMy WebLinkAboutAdjustment - 2002-10-22 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 22, 2002 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and P. Britton. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:50 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, November 4, 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: Legal Description: F N 2002-017 Regional Municipality of Waterloo and City of Kitchener (Joseph Schneider Haus) 455, 473, 479-481 & 489 Queen Street South and 16 & 18 Mill Street Part Lots 1 to 6, Registered Plan 89 and Part Lot 7, Registered Plan 113 Appearances: In Support: Ms. Susan Burke, Curator, Joseph Schneider Haus Ms. Wendy Shearer, Landscape Architect Contra: None Public Submissions: The Committee was advised that the applicant is requesting permission to legalize an existing wooden/historic fence setback 0 m from the lot line adjacent to Queen Street South from the corner of an existing community garden southerly to a distance of 30.38 m (99.67 ft.), having a maximum height of 1.5 m (4.92 ft.), rather than the permitted 0.91 m (2.98 ft.) The Committee was in receipt of the following City staff / agency comments and public submissions: · Planning Division - October 16, 2002 - in support, as amended to require the fence to be setback 1.5 m from the Queen Street lot line; Traffic & Parking Analyst - October 16, 2002 - advise future entrance on Mill Street will require modifications to the fence to ensure the fence is not within the driveway visibility triangle; Region of Waterloo - October 16, 2002 - advise this section of Queen Street is scheduled for reconstruction in 2005 which may require land beyond the existing road allowance width; potential to result in necessary relocation of the fence and/or landscaping; COMMITTEE OF ADJUSTMENT - 29 - OCTOBER 22, 2002 Submission No.: FN 2002-017 (Cont'd) The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. S. Kay reviewed the comments, noting that staff are requesting the application be amended to require the fence to be setback 1.5 m from the Queen Street lot line. Ms. Wendy Shearer, Wendy Shearer Landscape Architect Ltd., was in attendance as agent for the applicant and stated that as a result of recent designation of the Joseph Schneider Haus (JSH) as a National Historic Site, fencing and landscaping improvements have been planned to visually link the JSH site with the subject lands across the street, currently being used for outdoor interpretative events and overflow parking. Ms. Shearer offered the following comments in support of the proposed location of the fence: · the 0 m setback will maximize the interior space to accommodate expansion of an outdoor garden and will align the fence directly behind an existing bus shelter to alleviate open space between that could attract littering/loitering; · aesthetically, the fence is designed to reflect historic design and its uniqueness should be taken into consideration; · the Queen Street boulevard/sidewalk is sufficient in width to buffer visual impact of the fence to the streetscape; · the proposed fence is an interim treatment that will be reviewed in the event future plans to widen Queen Street proceed. Ms. Susan Burke, Curator of JSH, provided historical background, noting that the proposed fence is typical of 19th century design and location. She commented that the height of the fence is at the lower end of the scale for the period and expressed the opinion that it is important to maintain the historical aspect of the fence and to visually link it to the fence across the street. In response to a question from Mr. Kay, Ms. Shearer clarified that while the fence posts have been installed, the fence itself has not yet been erected. In response to a further questions from Mr. Kay, Mr. B. Sloan advised that the position of staff relates to proposed amendments to the Fence By-law that will allow fence heights of 1.8 m within 1.5 m of a street lot line. He pointed out that the setback allows opportunity for landscaping between the fence and streetscape and further noted that the existing fence on the opposite street is setback from the lot line. Ms. Burke pointed out that it was necessary to setback the other fence to provide adequate visibility for an adjacent driveway. Mr. P. Britton raised concern with respect to comments from Regional staff regarding future widening of Queen Street and expressed the opinion that approval of the fence as requested could potentially provide the basis of opposition to necessary future road widening improvements. Ms. Shearer re-iterated that the current proposal is considered an interim measure and if widening of Queen Street proceeds in future the JSH site would have to be reviewed during the design phase for road reconstruction. Following further discussion relating to the impact of the 1.5 m setback and future widening of Queen Street, Mr. Britton suggested that the application be deferred to provide opportunity for additional comments to be obtained from the Region relative to the status of the proposed widening of Queen Street within the Regional Official Policies Plan and for a plan to be provided showing details of the proposed garden area expansion. Mr. Kay questioned if the applicant was agreeable to deferring the application to the nexting meeting and both Ms. Shearer and Ms. Burke agreed. By general consent, this application was deferred to the Committee of Adjustment meeting to be held on Tuesday, November 12, 2002. COMMITTEE OF ADJUSTMENT - 30 - OCTOBER 22, 2002 ADJOURNMENT On motion, the meeting adjourned at 11:40 a.m. Dated at the City of Kitchener this 22nd day of October, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment