HomeMy WebLinkAboutAdjustment - 2002-11-12 FN COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD NOVEMBER 12, 2002
MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and D. Cybalski.
OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 9:40 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 (Fences) of the City of Kitchener
Municipal Code. The Committee will not make a decision on these applications but rather will make a
recommendation that 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 Tuesday, November 26, 2002, at 7:00 p.m.,
and the applicants may register with the City Clerk to appear at the meeting if desired.
UNFINISHED BUSINESS
1. Submission No.:
Applicant:
Property Location:
Legal Description:
FN 2002-017
Regional Municipality of Waterloo and City of Kitchener
(Joseph Schneider Haus)
455, 473, 479-481 & 489 Queen Street South and 16 & 18 Mill Street
Part Lots 1 to 6, Registered Plan 89 and Part Lot 7, Registered Plan
113
Appearances:
In Support:
Ms. Susan Burke, Curator, Joseph Schneider Haus
Ms. Wendy Shearer, Landscape Architect
Contra: None
Public Submissions:
None
This application was originally considered at the October 22, 2002 Committee of Adjustment
meeting at which time the application was deferred pending receipt of additional information
respecting the status of the proposed widening of Queen Street within the Regional Official
Policies Plan and a comprehensive plan illustrating in detail the proposed garden area
expansion.
The Committee was previously advised that the applicant is requesting permission to legalize
an existing wooden/historic fence setback 0 m from the lot line adjacent to Queen Street South
from the corner of an existing community garden southerly to a distance of 30.38 m (99.67 ft.),
having a maximum height of 1.5 m (4.92 ft.), rather than the permitted 0.91 m (2.98 ft.)
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
Planning Division - October 16, 2002 - in support, as amended to require the fence to be
setback 1.5 m from the Queen Street lot line;
Traffic & Parking Analyst - October 16, 2002 - advise future entrance on Mill Street will
require modifications to the fence to ensure the fence is not within the driveway visibility
triangle;
COMMITTEE OF ADJUSTMENT - 32 - NOVEMBER 12, 2002
1. Submission No.: FN 2002-017 (Cont'd)
Region of Waterloo - October 16, 2002 - advise this section of Queen Street is scheduled
for reconstruction in 2005 which may require land beyond the existing road allowance
width; potential to result in necessary relocation of the fence and/or landscaping; and
revised comments dated October 28, 2002 advising the applicant has confirmed the
proposed fence and plantings can be relocated in future to accommodate the widening of
Queen Street;
The following had no concerns or comments with respect to this application:
· Director of Building - October 16, 2002
· Grand River Conservation Authority - October 15, 2002.
Ms. Wendy Shearer, Wendy Shearer Landscape Architect Ltd., was in attendance as agent for
the applicant, Joseph Schneider Haus (JSH), to review the outstanding issues respecting the
Queen Street widening and the garden expansion plans. Ms. Shearer advised that
discussions had been undertaken with staff from the Region of Waterloo who have given
assurance to JSH that they will be involved in the consultation process should Queen Street be
widened in future and JSH has given assurance in return that if required, the fence and
plantings will be relocated to accommodate the widening. Ms. Shearer then provided
illustrative drawings of the proposed garden expansion, as well as an illustrative drawing board
showing proposed expansion on the main JSH site across the street. She pointed out that with
the additions to the main site it is necessary to make improvements to the property across the
street to accommodate outdoor interpretative events undertaken by JSH. Ms. Shearer
commented that moving the fence an additional 1.5 m would result in relocation of the
plantings and moving the interpretative garden further into the property; resulting in a loss of
approximately 3 m of space. She stated that it was important to JSH to maintain the historical
features of the fence and maintain sufficient space for outdoor interpretative programs.
Accordingly, she requested that the fence be permitted to remain in the current location.
Mr. P. Britton pointed out that he had requested information to be provided regarding the status
of the Queen Street widening within the Regional Official Policies Plan (ROPP). Mr. Sloan
indicated that he had not had opportunity to consult the ROPP and following further discussion,
it was agreed to temporarily set this matter aside to allow him an opportunity to do so.
Consideration of this application reconvened at 11:30 a.m., at which time Mr. Sloan advised
that the ROPP provides for a 20.117 m widening of Queen Street between Courtland Avenue
and Schneider Avenue. He noted that the standard for road widening is 18 m, which suggests
at least an additional 1 m will be required on either side of Queen Street in the vicinity of the
fence. In response to an additional question from Mr. Britton, Mr. Sloan advised that future
relocation of the fence would be subject to regulations of the City's Fence By-law, being a
setback of 1.5 m from the widened portion of the roadway and a maximum fence height of 1.82
m (6 ft.).
Mr. Britton commented that at least a 1 m setback should be required to facilitate the road
widening or JSH be required to enter into an agreement with the Region committing to
relocation of the fence at the time of the road widening.
Following further discussion respecting impact to the fence in the event the proposed widening
of Queen Street proceeds, Mr. Kay commented that given JSH is owned by the Region, the
Region will have responsibility to decide impact to the fence at the time road widening
improvements are undertaken and suggested the application be approved subject to written
confirmation from the Manager/Curator of JSH that approval of this application will not be
deemed to prejudice the road widening and if required, the fence will be relocated. Ms. S.
Burke concurred with this suggestion.
Moved by Mr. S. Kay
Seconded by Mr. D. Cybalski
That the application of the Regional Municipality of Waterloo/City of Kitchener (Joseph
Schneider Haus) requesting permission to construct a wooden/historic fence setback 0 m from
the lot line adjacent to Queen Street South from the corner of an existing community garden
southerly to a distance of 30.38 m (99.67 ft.), having a maximum height of 1.52 m (5 ft.), rather
than the permitted 0.91 m (3 ft.), on Part Lots 1 to 6, Registered Plan 89 and Part Lot7,
COMMITTEE OF ADJUSTMENT - 33 - NOVEMBER 12, 2002
1. Submission No.: FN 2002-017 (Cont'd)
Registered Plan 113; 455, 473, 479-481 and 489 Queen Street South and 16 & 18 Mill Street,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the Manager/Curator of the Joseph Schneider Haus (JSH) shall provide to the
City's Secretary-Treasurer of the Committee of Adjustment written acknowledgment that
JSH agrees that the variance approved in this application shall not be deemed to
prejudice any future road widening improvements to Queen Street South, and that JSH
further agrees to remove/relocate the subject fence as may be required by the Regional
Municipality of Waterloo/City of Kitchener to facilitate any future road widening
improvements to Queen Street South; said written acknowledgement shall be provided
within 30 days of the date of City Council's decision respecting Fence Variance
Application, Submission No. FN 2002-017.
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 630
(Fences) is being maintained on the subject property.
Carried
NEW BUSINESS
Submission No.:
Applicant:
Property Location:
Le.qal Description:
FN 2002-018
Cyril & Cassie Bulgin
5 The Country Way
Lot 119, Re.qistered Plan 1416
Appearances:
In Support:
Mr. Cyril Bulgin
Contra: None
Public Submissions:
None
The Committee was advised that the applicant is requesting permission to legalize an existing
wooden fence setback 0 m from the lot line adjacent to The Country Way, from the rear lot line
and continuing along the side yard a distance of 9.44 m (31 ft.), having a maximum height of
1.82 m (6 ft.), rather than the required 0.91 m (3 ft.).
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
Planning Division - November 5, 2002 - opposed; concerns raised relate to encroachment
into the 4.5 m driveway visibility triangle and the impact to the aesthetics of the
streetscape;
Traffic & Parking Analyst - October 16, 2002 - opposed; concerns raised relate to the
fence encroaching into the 4.5 m driveway visibility triangle;
The following had no concerns or comments with respect to this application:
· Director of Building - November 1, 2002
· Region of Waterloo - October 25, 2002
· Grand River Conservation Authority - November 4, 2002.
Mr. Cyril Bulgin, owner of the subject property, advised that he had removed a derelict fence on
his property and replaced it with a 5 ft. fence, with an additional 1 ft. of lattice on top. In order to
provide a larger outdoor amenity space and prevent litter on his property, he had placed the new
COMMITTEE OF ADJUSTMENT - 34 - NOVEMBER 12, 2002
1. Submission No.: FN 2002-018 (Cont'd)
fence along the sideyard lot line. He further commented that to his knowledge the new fence
has not created any difficulties for vehicular or pedestrian traffic.
Mr. S. Kay pointed out staff require the fence to have a 4.5 m driveway visibility triangle for
vehicular and pedestrian safety. Mr. Bulgin stated that he had placed the fence at a 45o angle in
the vicinity of the driveway; however, Mr. Kay pointed out that the angle was not sufficient to
accommodate the required 4.5 m. Mr. Bulgin indicated that he would be agreeable to modifying
the fence to accommodate the visibility triangle; however, wished to leave the remaining fence
along the sideyard lot line.
Moved by Mr. S. Kay
Seconded by Mr. D. Cybalski
That the application of Cyril and Cassie Bulgin requesting permission to legalize an existing
wooden fence setback 0 m from the lot line adjacent to The Country Way, from the rear lot line
and continuing along the side yard a distance of 9.44 m (31 ft.), having a maximum height of
1.82 m (6 ft.), rather than the required 0.91 m (3 ft.), on Lot 119, Registered Plan 1416, 5 The
Country Way, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the owner shall modify the existing fence to provide for a 4.5 m (14.76 ft.) driveway
visibility triangle.
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.
The general intent and purpose of the City of Kitchener Municipal Code Chapter 630
(Fences) is being maintained on the subject property.
Carried
Following the reconvening of this meeting to conclude consideration of Fence Variance Application,
Submission No. FN 2002-017, as noted above and on motion, this meeting adjourned at 11:40 a.m.
Dated at the City of Kitchener this 12th day of November, 2002.
Janet Billett, AMCT
Secretary-Treasurer
Committee of Adjustment