HomeMy WebLinkAboutAdjustment - 2003-12-09 FN
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COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD DECEMBER 9. 2003
MEMBERS PRESENT: Ms. D. Angel, Messrs. P. Britton, B. Isaac and Z. Janecki .
OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer.
Mr. P. Britton, 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 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 Monday, December 15, 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 2003-005
Suzanne Woelker and Paul Rawski
93 Robertson Crescent
Lot 46, Reaistered Plan 1641
Appearances:
In Support:
Ms. S. Woelker
Mr. P. Rawski
Contra:
None
Public Submissions:
None
The Committee was advised that the applicants request legalization of a 2.13 m (7 ft.) high fence
located 0.46 m (1.5 ft.) from the easterly lot line along Robertson Crescent rather than the
permitted 0.91 m (3 ft.) high fence.
The Committee noted the comments of the Development & Technical Services Department,
dated November 28, 2003, recommending this application be refused, as staff are of the opinion
that the applicants are able to construct a fence that complies with the by-law and still maintains
a sufficient rearyard ammenity area for a hot tub and a pool.
The applicants advised the Committee that they purchased this property in December 1999, and
the fence was in existence at that time, having been constructed in 1996. The abutting
neighbours have the same style and size of fence, which was previously approved by the
Committee of Adjustment, and they thought their fence had also been approved. The applicants
noted they have never had any complaints about the fence from any neighbours, and their fence
does not obstruct site lines from the street or their neighbour's driveway. They requested
approval of this application to maintain an existing fence which provides safety for their
childrens' play area, and which will meet the requirements for fencing the pool they intend to
install.
COMMITTEE OF ADJUSTMENT
11
DECEMSr:R 9, 2003
1. Submission No.:
FN 2003~05 (Cont'd)
Moved by Mr. Z. Janecki
Seconded by Mr. D. Angel
That the application of Suzanne Woelker and Paul Rawski requesting legalization of an existing
2.13 m (7 ft.) high fence located 0.46 m (1.5 ft.) from the easterly lot line along Robertson
Crescent rather than the permitted 0.91 m (3 ft.) high fence, on Lot 46, Plan 1641,93 Roberston
Crescent, Kitchener, Ontario, BE APPROVED subject to the following condition:
1. That the variance as approved in this application shall apply to the existing fence only as
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 10:50 a.m.
Dated at the City of Kitchener this 9th day of December, 2003.
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Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment
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