Loading...
HomeMy WebLinkAboutAdjustment - 2007-08-21 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 21, 2007 MEMBERS PRESENT: Messrs. D. Cybalski, M. Hiscott, and Ms. C. Balcerczyk OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary- Treasurer, Ms. T. Kraemer, Administrative Clerk and Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:02 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, September 17, 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 2007-002 Applicant: Fred & Rose Woodhall Property Location: 901 Marigold Court Legal Description: Lot 94, Registered Plan 58M-384 Appearances: In Support: R. Woodhall Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of an existing wrought iron fence having a height of 1.5m (4.92') and a wooden fence having a height of 1.8m (5.9') located 0.3m (0.98') from the lot line abutting Robert Ferrie Drive rather than the permitted height of 0.9m (2.95'). The Committee considered the report of the Development & Technical Services Department dated August 8, 2007, in which they advise that the subject property is located at the northwest corner of Robert Ferrie Drive and Marigold Court in the planning community of Doon South. A site inspection was conducted by Planning Staff on August 14, 2007. The property is designated Low Rise Residential in the Municipal Plan, zoned Residential Four (R-4) and is located in a neighbourhood consisting primarily of single detached homes. The applicant has applied for permission to legalize an existing 1.5 metre wrought iron fence and a 1.8 metre wooden fence that are not permitted by the City's Fence By-law. There is an in-ground pool currently existing at the rear yard of the property. As such, the applicant is requesting the following Fence By-law variances: 1. a 1.5 and 1.8 metre high fence to be located 0.3 metre from the exterior side lot line whereas s.630.5.1(b) of the Fence By-law requires a fence having a maximum height of 1.82 metres to set back a minimum of 1.5 metres from an exterior side lot line. COMMITTEE OF ADJUSTMENT 11 AUGUST 21, 2007 Submission No.: FN 2007-002 tCont'd In considering the requested variance to the City of Kitchener Fence By-law Article 5 -Fences on Corner Lots, Planning staff offer the following comments. Firstly, the reduction of fence setback ought to cause impact to the neighborhood. However, considering that the existing see-through iron fence will lessen the visual impact to the pedestrian and vehicular traffic, Planning Staff are in the opinion that the variance will not have significant adverse impact on the adjacent properties. Therefore it is minor in nature. Secondly, given that an existing pool had been built, a high fence is deemed appropriate for the use of land. The intent of "Fence By-law -Fences on Corner Lots" is to ensure pedestrian and vehicular safety where visibility triangles must be maintained. Given that the subject fence is situated at the back of the property and does not obstruct the visibility triangle at the corner of Marigold Court and Robert Ferrie Drive, it poses little threat to pedestrians and vehicles. Neighbourhood aesthetics and pedestrian walking experience also formed the basis of this regulation. To provide a pleasant walking environment and streetscape in communities, tall fences are prohibited from being built too close to the exterior side lot line. Nevertheless, since the subject fence fronting the side lot line is mainly made of iron and is see through, Staff feel that it maintains the visibility and causes minor visual obstruction to the public. In addition, given that an existing pool had been built, a high fence is deemed appropriate for the public and owner's safety. Based on the foregoing, Planning staff recommends that the variance be approved. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2007, in which he advised that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority, dated August 3, 2007, in which they advise that although the property is regulated by the Conservation Authority, a permit will not be required for the installation of this fence. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Fred & Rose Woodhall requesting legalization of an existing wrought iron fence having a height of 1.5m (4.92') and a wooden fence having a height of 1.8m (5.9') located 0.3m (0.98') from the lot line abutting Robert Ferrie Drive rather than the permitted height of 0.9m (2.95'), on Lot 94, Registered Plan 58M-384, 901 Marigold Court, Kitchener, Ontario, BE APPROVED. 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. 2. Submission No.: FN 2007-003 Applicant: J. McCarthy Property Location: 117 Erinbrook Drive Legal Description: Lot 103, Registered Plan 1648 Appearances: In Support: None Contra: None Written Submissions: None Carried COMMITTEE OF ADJUSTMENT 12 AUGUST 21, 2007 2. Submission No.: FN 2007-003 tCont'd) The Committee was advised that the applicant requests permission to have a wooden fence with a height of 2.3m (7.5') located 1 m (3.2') from the lot line along Pipers Green Court rather than the permitted 0.9m (2.95') high fence. As no one appeared in support of this application, the Committee agreed to defer consideration of this application until its meeting scheduled for Tuesday September 18, 2007. 3. Submission No.: FN 2007-004 Applicant: Ukrainian Catholic Church of the Transfiguration Property Location: 131, 135 & 139 Victoria Street South Legal Description: Part Lot 552, Plan 378 Appearances: In Support: A. Hamulak Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a 1.85m (6.06') high fence to be located 0.58m (1.9') from the side lot line abutting Victoria Street, rather than the permitted height of 0.9m (2.95'). The Committee considered the report of the Development & Technical Services Department, dated August 7, 2007, in which they advise that the subject property is located at 131 Victoria Street South. The property is designated Neighbourhood Institutional in the Official Plan and zoned Institutional One (I-1) with special regulations 1 R, 83R of By-law 85-1. The adjacent vacant parcels, addressed as 135 and 139 Victoria Street South which are owned by the church, are designated Mixed Use Corridor and zoned Convenience Commercial One (C-1 ). A heritage park is proposed on these parcels and the fence variance request also extends onto these lands. It should be noted that this section of Victoria Street South is currently subject to Zone Change application (ZC06/TC/RM) to implement the mixed use corridor zoning. The owner is therefore encouraged to contact Planning staff to ensure the institutional use is extended to these vacant parcels for the heritage park. Surrounding land use is characterized by a mix use of commercial/residential along Victoria Street South. The applicant is requesting a variance from the City of Kitchener Fence By-law to allow a 1.85 (6ft) high fence to be located 0.58m (1.9 feet) from the exterior side lot line abutting Victoria Street South rather than the permitted height of 0.9m (3 feet). In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The applicant is proposing to erect an ornamental fence to compliment the existing stairwall in terms of design, scale and setback as shown on sketches provided by the applicant. The reason for the fence is to restrict access to a heritage park being proposed on vacant parcels 135 and 139 Victoria Street South. The purpose of Fence By-law Article Five "Fences on Corner Lots" 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. The subject fence will be located outside of any 4.57 metre the corner visibility triangle, thus not an issue to staff. The fence will not enclose (wrought iron with brick posts) and will therefore be visually appealing to the streetscape in the opinion of staff. Given the proposed setback of 0.58m (1.9 feet) and open fence design, staff is of the opinion that pedestrians walking along this section of Victoria Street South will not feel "closed in". As the property has frontage onto Victoria Street, a Regional roadway, Regional staff wish to advise the applicant that any future redevelopment of the property would require a 3.Om (10 foot) road widening. As such, Regional staff would prefer the proposed fence be located behind the 3.Om road widening requirement. In response, City staff advises that the existing stairwell leading to the entrance of the church is already within the proposed road allowance. In addition, the applicant is entitled to have a fence on the property today. If redevelopment of COMMITTEE OF ADJUSTMENT 13 AUGUST 21, 2007 3. Submission No.: FN 2007-004 tCont'd) the site occurs and should this road widening occur, the applicant is advised that he may have to remove the fence at a later date. Based on the foregoing, Planning staff recommends that the variance be approved. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2007, in which he advised that, at this location, Victoria Street has an existing road allowance width of 66 feet and a designated road allowance width in the Region's Official Plan of 86 feet. Therefore, any future redevelopment of these lands owned by the church would require the Region of Waterloo to acquire a conveyance of a (86 - 66 = 20/2=10) 10 foot road allowance widening from these lands. This widening would place the proposed fence within the Victoria Street road allowance. Region of Waterloo staff recommend that the fence be located behind the future 10 foot road widening so that it would remain on private property. The Committee considered the report of the Grand River Conservation Authority, dated August 3, 2007, in which they advise that they have no objection to this application. However, current information available to them indicates that this property is located in the Flood Fringe of Schneider Creek and Victoria Park Lake, and advise that any new development or site alteration, not including fencing, within the Regulation limit will require the prior issuance of a permit from the Grand River Conservation Authority. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of the Ukrainian Catholic Church requesting permission to erect a 1.85m (6.06') high fence to be located 0.58m (1.9') from the side lot line abutting Victoria Street, rather than the permitted height of 0.9m (2.95'), on Part Lot 552, Plan 378, 131, 135 & 139 Victoria Street South, Kitchener, Ontario, BE APPROVED. 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 4. Submission No.: FN 2007-005 Applicant: Marc & Cindy Burchett Property Location: 123 Autumn Ridge Trail Legal Description: Lot 1, Registered Plan 58M-82 Appearances: In Support: M. Burchett Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a 1.5m (4.92') high fence to be located 0.38m (1.24') from Ridgemount Street, rather than the permitted height of 0.9m (2.95'). The Committee considered the report of the Development & Technical Services Department, dated August 8, 2007, in which they advise that the subject property is located at the northwest corner of Autumn Ridge Trail and Ridgemount Street in the planning community of Doon South. A site inspection was conducted by Planning Staff on August 14, 2007. The property is designated Low Rise Residential in the Municipal Plan, zoned Residential Four (R-4) and is located in a neighbourhood consisting primarily of single detached homes. COMMITTEE OF ADJUSTMENT 14 AUGUST 21, 2007 4. Submission No.: FN 2007-005 tCont'd) The applicant has applied for permission to legalize an existing 1.5 metre wooden fence that is not permitted by the City's Fence By-law. There is an in-ground pool with concrete deck currently installed at the backyard of the property. As such, the applicant is requesting the following Fence By-law variances: a 1.5 metre high fence to be located 0.38 metre from the right side lot line whereas s.630.5.1(b) of the Fence By-law requires a fence having a maximum height of 1.82 metres to set back a minimum of 1.5 metres from an exterior side lot line. In considering the requested variance to the City of Kitchener Fence By-law Article 5 -Fences on Corner Lots, Planning staff offer the following comments. Neighbourhood aesthetics and pedestrian walking experience chiefly formed the basis of this regulation. To promote walkability within neighborhoods, the City's neighbourhood design brief strongly encourages the provision of pedestrian-friendly streets through varied building setbacks and landscaping features. As such, tall fences are prohibited from being built too close to the exterior side lot line to provide a pleasant walking environment and streetscape within communities. Given that the subject fence completely blocks the exterior visibility, Staff feels that it would significantly undermine overall streetscape of the neighbourhood. Additionally, the requested 0.38 setback is deemed to be too close to the sidewalks and would adversely affect pedestrian enjoyment of the public roadways. As such, Planning Staff are of the opinion that the variance does not meet the intent of the Fence By-law. The reduction of the fence setback should also be viewed in terms of potential impacts to the neighborhood in the long term. Considering that Ridgemount Street is currently adead-end street, pedestrian and vehicular uses are expected to be minimal. Although the proposed variance should have limited impacts on the adjacent properties presently, its adverse effects would be realized when there is potential development in the east side of the subdivision. Given the rapid development rate of the City, Staff feels that the adverse impact of the subject fence would be realized sooner rather than later and do not support the variance. Based on the foregoing, Planning staff recommends that the variance be refused. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2007, advising they have no concerns with this application. Mr. Burchett advised that the fence is currently located 0.4m from the sidewalk, and was installed by a fencing contractor to meet the requirements of a fence surrounding a pool. He stated that if he has to move the fence to comply with the by-law, he will have to remove the pool. He stated that he was aware of the Fence By-law setback requirement; however, the fence contractor advised that he could install the fence in its present location. Ms. vonWesterholt addressed the Committee advising that staff is concerned about the visual impact of this fence on surrounding property owners. This subdivision has not been completely developed, and this fence is considerably higher than what the by-law permits. Also, this fence does not comply with the City's neighbourhood design guidelines. She suggested that landscaping between the fence and the sidewalk may help change the impact of the fence on the neighbourhood; however, there isn't sufficient room. The Committee questioned the distance between the fence and the pool, and was advised by Mr. Burchett that the fence is approximately 8' from the pool, but only approximately 2' to 3' from the concrete decking around the pool. The Committee suggested that the fence be relocated to the outer edge of the concrete decking around the pool. Mr. Parent noted that staff has sympathy for the applicant; however, there should be landscaping between the fence and the sidewalk to soften the impact of the fence on the surrounding neighbourhood. COMMITTEE OF ADJUSTMENT 15 AUGUST 21, 2007 4. Submission No.: FN 2007-005 tCont'd) Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Marc & Cindy Burchett requesting permission to erect a 1.5m (4.92') high fence to be located between 0.6m (2') and 0.91 m (3') from Ridgemount Street, abutting the outer edge of the concrete patio around the existing pool, rather than the permitted fence height of 0.9m (2.95'), on Lot 1, Registered Plan 58M-82, 123 Autumn Ridge Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and receive approval of a landscaping plan, from the City's Supervisor of Site Development, for the landscaping to be installed between the relocated fence and the sidewalk along Ridgemount Street; and further, That the owner shall install the required landscaping, as per the approved landscaping plan. 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 5. Submission No.: FN 2007-006 Applicant: Nelson Cordeiro Property Location: 180 Falconridge Drive Legal Description: Block 25, Registered Plan 58M-181, being Part 134, Reference Plan 58 R-12968 Appearances: In Support: N. Cordeiro Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of an existing fence having a height of 1.82m (6') located Om from the lot line abutting Riverlink Way rather than the permitted height of 0.9m (2.95'). The Committee considered the report of the Development & Technical Services Department, dated July 26, 2007, in which they advise that the subject property is located at the north-west corner of Riverlink Way and Falconridge Drive. The property is zoned Residential Three (R-3) with special provisions 305R and 307R, and is designated as Low Rise Residential in Kitchener's Municipal Plan. The building that exists on the site is atwo-storey single detached house. The applicant requests a minor variance in respect to the location of an exterior side fence. Under the Fence By-Law, "a fence having a maximum height of 1.82 metres (6 feet) may be erected in an exterior side yard and rear yard provided it is set back a minimum of 1.5 metres (5 feet) from an exterior side lot line; and in no case shall a fence be closer than 4 metres (13 feet) to the nearest edge of the traveled portion of the road". The applicant has asked that this regulation be relaxed to permit the applicant to keep his 1.82 metre high fence at 0 metres from the lot line instead of the required 1.5 metres. There is an above ground pool in the backyard. The fence is made of a black wrought-iron style. COMMITTEE OF ADJUSTMENT 16 AUGUST 21, 2007 5. Submission No.: FN 2007-006 tCont'd) On a site visit to this property conducted on August 1, 2007, Planning staff noted that while the fence was over its allowed height, it was attractive and did not have a negative visual effect on the neighbourhood. Further, an above ground pool is already installed in the backyard, and having a higher fence (minimum of 5 feet) would be appropriate. Thus, it is desirable and no negative impacts are anticipated. In respect to keeping the intent and purpose of the by-law, section 630.5.1 of the Municipal Code dictates that fences of maximum height of 1.82 metres maintain at least 1.5 metres from the lot line. This is the result of concerns over visual obstructions. However, seeing that the fence is made of wrought-iron and is see through, this does not constitute a visual impairment. As the fence will be located on the exterior side lot line, there are potential objections to the lack of setback from the street. Nonetheless, there is still a sidewalk, and further, another patch of grass that separates the sidewalk from the street. In addition to this, the fence is of wrought-iron style, which does not form as significant a visual impairment when compared to a wooden fence. As such, Planning staff recommends that this application for a fence variance to be approved. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2007, advising they have no concerns with this application. Mr. Cordeiro submitted a neighbourhood plan, which he advised had been initialed by several property owner indicating their support of his application. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of Nelson Cordeiro requesting legalization of an existing fence having a height of 1.82m (6') located Om from the lot line abutting Riverlink Way rather than the permitted height of 0.9m (2.95'), on Block 25, Registered Plan 58M-181, being Part 134, Reference Plan 58R-12968, 180 Falconridge Drive, Kitchener, Ontario, BE APPROVED. 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 10:25 a.m. Dated at the City of Kitchener this 21st day of August, 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment