HomeMy WebLinkAboutAdjustment - 2003-04-29 FN
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD APRIL 29. 2003
MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski.
OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. D. Gilchrist, Acting Secretary-
Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 10:00 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 sign 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 Tuesday, May 20, 2003, 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 2003-001
Trudy ReinholtlHerbert ChapmanfTanya Brooker
336 Dumfries Avenue
Lot 167. Reaistered Plan 768
Appearances:
In Support:
Mr. & Mrs. H. Chapman
Contra:
None
Public Submissions:
In Support:
Mr. Z. Mavros
Contra:
None
The Committee was advised that the applicants request permission to erect a 1.52 m (5 ft.) high,
12.19 m (40 ft.) long, privacy fence 0.3 m (1 ft.) from the lot line along Krug Street rather than the
permitted 0.91 m (3 ft.) high fence.
The Committee noted the comments of the City's Planning Division, dated April 17, 2003, in
which staff recommend refusal of this application, as the fence would not meet the intent of the
by-law for maintaining an aesthetically pleasing streetscape. They advised a 1.5 m high fence
setback 1.5 m from the property line could be supported; as it would be buffered from the street
by landscaping, thereby maintaining the aesthetics of the street.
The Committee considered written submissions following public agencies advising they have no
concerns with, or comments on, this application:
. Grand River Conservation Authority, dated April 22, 2003,
. Region of Waterloo Transportation Planner, dated April 23, 2003,
. City's Director of Building, dated April 23, 2003, and,
. City's Transportation Planning, dated April 22, 2003.
COMMITTEE OF ADJUSTMENT
4
APRIL 29, 2003
1. Submission No.: FN 2003-001 (Cont'd)
The Committee considered correspondence from Mr. Z. Mavros, an abutting neighbour, in
support of this application.
Mr. & Mrs. Chapman addressed the Committee advising that the proposed location for the
fence, at 1 ft. from the Krug Street property line, would actually be 11.6 ft. from the inside of the
sidewalk. The information regarding this distance has been supplied by the City's Engineering
Division. They also advised that they have planted shrubs along the property line in this
location, and the fence will be located inside this line of shrubs; thereby providing a landscape
strip on the street side of the fence. Mr. & Mrs. Chapman displayed photographs of the property
showing these shrubs.
Mr. Britton noted that due to the location of the expressway overpass and supports, Krug Street
will not likely be widened in this location. Also, staff have advised that in new subdivisions there
is usually only 1 ft. between the sidewalk and property lines As the applicant advises there is a
distance of 10.6 ft. between the sidewalk and property line, there is an adequate landscape
buffer between the street and the fence. Mr. Britton stated that this situation is unique, and for
this reason is in support of the application.
Mr. Kay cautioned Mr. & Mrs. Chapman to ensure that the fence is located on their own
property, and as they do not have a survey, he strongly recommended they have a surveyor
locate the property line.
Moved by Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of Trudy Reinholt, Herbert Chapman and Tanya Brooker requesting
permission to erect a 1.52 m (5 ft.) high privacy to be located 0.3 m (1 ft.) from the lot line along
Krug Street rather than the permitted 0.91 m (3 ft.) high fence on Lot 167, Registered Plan 768,
336 Dumfries Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the variance as approved in this application shall apply to a 1.52 m (5 ft.) high fence
only in the location shown on the plan 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 10:05 a.m.
Dated at the City of Kitchener this 29th day of April, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment