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HomeMy WebLinkAboutAdjustment - 2007-04-17 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 17, 2007 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. M. Hiscott, A. Head & Ms. C. Balcerczyk Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary- Treasurer, Ms. R. Brent, Assistant Secretary-Treasurer. Mr. M. Hiscott, 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 the City of Kitchener Fence By-law. 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 30, 2007, 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 2007-001 Applicant: Aaron & MaryAnn Pierson Property Location: Lot 604, Registered Plan 1452 Legal Description: 3 Highview Drive Appearances: In Support: A. Pierson Contra: None Written Submissions: None Other: S. Restoule The Committee was advised that the applicant is requesting legalization of a wooden fence having a height of 2.1 m (7') located 0.457m (1.5') from the lot line along Driftwood Drive (side yard abutting a street) rather than the required 4.57m (15'). The Committee considered the report of the Development and Technical Services Department, dated April 10, 2007, advising the subject property is located at the corner of Highview Drive and Driftwood Drive in the planning community of Forest Heights. The property is designated how Rise Residential in the Official Plan, zoned R-3 and is located in a neighbourhood consisting primarily of single detached homes. The applicant is requesting a variance from the City of Kitchener Fence By-law to allow a 2.12m (7') fence 0.79m from the exterior side lot line whereas the by-law requires a maximum fence height of 1.82m (6') at least 1.5m from the exterior side lot line. In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The applicant has already built the fence and is requesting relief from the by-law after a complaint has been filed. The purpose of Fence By-law Article Five "Fences on Corner dots" is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built too close to the exterior side lot line. COMMITTEE OF ADJUSTMENT 9 APRIL 17, 2007 1. Submission No.: FN 2007-001 (Cont'd~ The subject fence is located within the rear property's (398 Driftwood Drive) 4.57 metre driveway visibility triangle, creating a dangerous environment for pedestrians and vehicular traffic. Article Five of the Fence By-law requires that fences can have a maximum height of 0.91 m (aft) within any driveway visibility triangle; the subject fence is more than double this requirement. Outside the driveway visibility triangle, the fence is .3m higher and .71 m closer to the exterior side lot line than the by-law requirements. However, the fence is located in the rear-side yard and is not a hazard for vehicles or visually unappealing to the streetscape. For Planning Staff to support the requested minor variance, the portion within the driveway visibility triangle of 398 Driftwood Drive must be removed or reduced to the permitted height of 0.91 metres ~3ft). This requirement is essential in promoting pedestrian safety for the residents of Forest Heights. The remaining portion of the fence is located in the rear-side yard and is not a hazard for motorists at the intersection. Based on the foregoing, Planning staff recommend that the variance be approved, subject to conditions: 1. That the owner remove or reduce the height of the fence to the permitted 0.91 metres (aft) within the 4.57 metre driveway visibility triangle located at the driveway of 398 Driftwood Drive. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 10, 2007, advising they have no concerns. Mr. S. Restoule was in attendance to hear the Committee's decision. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Aaron & MaryAnn Pierson requesting legalization of a 2.1 m ~7') high wooden fence located 0.457m (1.5') from the lot line along Driftwood Drive rather than the required 4.57m (15'), on Lot 604, Registered Plan 1452, 3 Highview Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall remove or reduce the height of the fence to the permitted 0.91 metres (3') within the 4.57 metre (14.993') driveway visibility triangle located at the driveway of 398 Driftwood Drive. 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 Sign By-law is being maintained on the subject properly. Carried ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 17th day of April, 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment