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HomeMy WebLinkAboutAdjustment - 2005-09-13 FN ~ ~ ~ COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 13. 2005 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Transportation Planner, and Ms. R. Brent, Assistant Secretary-Treasurer, D. Gilchrist, Secretary-Treasurer Mr. P. Britton, 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 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, October 3, 2005, 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 2005-005 Ontario Seed Co. Limited 77 Wellington Street Part Lot 489. Plan 377 , Part Lots 8 to 11, Plan 324 Appearances: In Support: Mr. M. Teeter Contra: Ms. G. Wheeler Mr. H. Leggett Ms. J. Donovan Ms. S. Graham Mr. N. Emptage Written Submissions: Ms. G. Wheeler Ms. K. Foxall Mr. & Mrs. B. Donovan Mr. T. Haapala Ms. M. Passmore Neighbourhood Petition The Committee was advised that the applicant requests permission to construct a 2.1 m. (6.88') high chain link fence in the front yard (Agnes Street frontage), whereas a maximum height of 0.91 m. (2.98') is permitted in this location. The Committee considered the report of the Development and Technical Services Department, dated September 6, 2005, advising they have no objections provided the fence is located 7.6 m (25 ft.) from Agnes Street property line. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31,2005, advising they have no concerns with this application. The Committee considered the written submissions received from neighbourhood residents in opposition to this application. COMMITTEE OF ADJUSTMENT 6 SEPTEMBER 13, 2005 1. Submission No.: FN 2005-005 (Cont'dl Ms. T. Malone-Wright explained the application noting the only variance is the height of the fence, and there are no other variances being requested. She noted the fence is to be constructed of chain link, and suggested the Committee could direct a different material, and require landscaping. This property has an industrial zoning and is surrounded primarily by residentially zoned properties, except the former Granite Club. .~ Mr. Teeter, Ontario Seed Company. advised the Committee they have a new tenant on this property who uses this area for car and truck parking. Regularly there are problems of vandalism, including grafitte and slashing vehicle tires. It is close to the Liquor Store and they have problems with people loitering on the property. Ontario Seed Company is responsible for paying to rectify the vandalism. He advised that on the Labour Day week-end two loaded guns were found on this area of the property. He concluded that this fence is necessary for security reasons. Each of the neighbours in attendance addressed the Committee in turn, and collectively cited the following concerns: a) the fence will create a significant change to the appearance of the property, which will affect the improved appearance of the street caused by the restoration/renovation of the older houses in the area; b) the only access from this property is onto streets which do not allow truck traffic; c) the fence will further "industrialize" that end of the street; d) security is a big factor, and the question was raised with respect to the location of other fencing on this property; e) from a security point of view, the proposed fencing will create "pockets" on the property which will be secluded; and, .~ f) problems of dust from a gravel parking lot, and noise from trucks leaving the property early in the morning. Mr. Leggett, owner of the former Granite Club, stated the opinion the proposed fence will be great for security. He raised a concern that the fire exit from his building opens onto that part of the Ontario Seed property, and people will be fenced in and have nowhere to go. He also advised the Badminton Club, which is a tenant in his building, state they have a verbal agreement with Ontario Seed Company to park in this area of the property. However, he advised he has no direct knowledge of a lease. Mr. Teeter responded that the Granite Club had a lease for parking on this part of the Ontario Seed Company land and paid rent; however, when the Granite Club sold their property, the lease ended, and no one else has approached Ontario Seed Company to rent this land for parking. With respect to truck traffic on local roads, Mr. R. Parent advised Ontario Seed and their tenants have a right in law to travel on local roads to get to and from their property. The Chair advised those neighbours in attendance that the Committee's jurisdiction is strictly to deal with the variance requested to the height of the fence. He summarized their concerns to relate to dust from a gravel parking lot, the location of the fence and landscaping in front of it, and the fact that trucks park in this area. In response to these concerns, Mr. Teeter advised they are willing to set the fence back 25 ft., and to landscape in front of it. They can not restrict this parking area to cars only, because of their leasing arrangement with their tenant. A discussion took place with respect to the gate proposed to be located in the fence. Mr. Teeter stated that although they do not propose to allow vehicular access to Agnes Street, they want to keep the gate. ~ ~ ~ ~ COMMITTEE OF ADJUSTMENT 7 SEPTEMBER 13, 2005 1. Submission No.: FN 2005-005 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Ontario Seed Company Ltd. requesting permission to construct a 2.1 m (6.88 ft.) high chain link fence in the front yard (Agnes Street frontage), whereas a maximum height of 0.91 m (2.98 ft.) is permitted in this location, on Part Lot 489, Plan 377 and Part Lots 8-11, Plan 324, 77 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that the fence is located a minimum of 7.6 m (25 ft.) from Agnes Street property line, and there shall be no gate in the fence, and no vehicular access to Agnes Street. 2. That the owner shall submit to, and receive approval from the City's Supervisor of Site Plans, of a landscape plan for the area in front of the fence, prior to installing the fence. 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 2. Submission No.: Applicant: Property Location: LeQal Description: FN 2005-006 Graham Dare 4 Westgate Walk Lots 2 & 3. Reoistered Plan 977 Appearances: In Support: Mr. G. Dare Contra: None Written Submissions: Mr. & Mrs. H. Seegmiller Mr. R. Bauer Mr. B. Ruby Mr. R. Jack Mr. & Mrs. J. Lackner The Committee was advised that the applicant requests permission to construct a fence 1.85 m. (6') in height in the front yard (ahead of the building) whereas a maximum height of 0.91 m. (2.98') is permitted in this location. The Committee considered the report of the Development and Technical Services Department, dated September 6, 2005, advising they have no objections provided the fence is located 1.5 m (5 ft.) from the Westgate Walk property line. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31,2005, advising they have no concerns with this application. The Committee considered the written submissions of neighbourhood residents in opposition to this application. The Chair noted, based on the photographs submitted with this application, that the fence will be located in an area of the property that is well landscaped, and will be located behind the landscaping. COMMITTEE OF ADJUSTMENT 8 SEPTEMBER 13, 2005 2. Submission No.: FN 2005-006 (Cont'd! Mr. Dare addressed the Committee advising that, following discussion with some of his neighbours, he determined the neighbours did not clearly understand his application, as they thought the landscaping would be removed. He advised this is a double lot, and he is proposing to fence his side yard. When questioned about materials, Mr. Dare responded he has not finalized the fence design but it will probably be board with spindles or wrought iron on top. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Graham Dare requesting permission to construct a 2.1 m (6 ft.) high fence in the front yard rather than the permitted 0.91 m (2.98 ft.) high fence, on Lots 2 & 3, Registered Plan 977, 4 Westgate Walk, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall locate the fence a minimum of 1.5 m (5 ft.) from the Westgate Walk property line, and substantially behind the existing landscaping. 2. That the fence approved in this application shall not be a full height solid wood fence. 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 11 :00 a.m. Dated at the City of Kitchener this 13th day of September, 2005. dbu! I ~ I / ./ .. /', ~/i . Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment .~ ~ ~