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HomeMy WebLinkAboutAdjustment - 2002-12-10 FN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 10, 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse, P. Britton and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:15 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 Monday, January 13, 2003, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS Submission No.: Applicant: Property Location: Le.qal Description: FN 2002-019 Joan M. Oleskevich 1824 Old Mill Road Part Biehn's Tract, Registered Plan 578 Appearances: In Support: Ms. Joan Oleskevich Mr. Roman Szydlowski Mr. Dennis Oleskevich Contra: Jim & Carol Moore Public Submissions: Jim & Carol Moore The Committee was advised that the applicant is requesting permission to construct a wooden fence along the easterly sideyard a distance of 10.36 m (34 ft.) up to and continuing along the frontyard a distance of 32 m (105 ft.), having a maximum height of 2.43 m (8 ft.), rather than the permitted 0.91 m (3 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - December 2, 2002 - in support, as shown on the drawings submitted with the application; The following had no concerns or comments with respect to this application: · Director of Building - December 3, 2002 · Traffic & Parking Analyst - November 26, 2002 · Region of Waterloo - December 2, 2002 · Grand River Conservation Authority- November 28, 2002. Ms. Joan Oleskevich, owner of the subject property, provided photographs of the property and advised that it was intended to construct a "living" fence across the frontage of her property and continue with a solid wooden fence along the entire length of the easterly sideyard, both at a height of 2.43 m (8 ft.). She pointed out that she has experienced trespassing on her property from tenants of student rental homes located on the opposite side of Old Mill Road and also intends to undertake landscaping improvements along the property sideyard. She advised that COMMITTEE OF ADJUSTMENT - 36 - DECEMBER 10, 2002 1. Submission No.: FN 2002-019 (Cont'd) she is requesting permission to construct the fence as proposed to provide security and privacy to her property. Jim and Carol Moore, owners of the abutting property, attended in opposition to the fence to be constructed along the sideyard between their home and the subject property. Ms. Moore provided photographs and raised concerns relating to the aesthetic impact of the fence on the unique open country character of their property, quality of life, view of the river and potential harm to existing lilac trees. She suggested that an acceptable alternative would be natural landscaping of cedar hedges or other such high shrubbery. During Mrs. Moore's comments it was pointed out that it was intended by the owner of the subject property to construct an 8 ft. fence along the entire length of the sideyard of which only 34 ft. from the front of the existing building to the front lot line requires variance approval. It was further clarified that the portion of the fence from the front of the building to the rear lot line is permitted by by-law to be at a height of 8 ft. A lengthy discussion was then entered into during which it was determined there was no concern with the "living" fence to be constructed parallel to Old Mill Road as the property elevation slopes substantially below the roadway and will pose no visibility concerns; additional privacy issues were raised concerning a home business operated by the Moores and driveway reconstruction on the Moore's property; and tree removal will be necessary to construct the sideyard fence, including a maple tree in poor condition and the lilac trees, all of which have been determined by survey to be located on the Oleskevich's property. Following discussion, several members expressed the opinion that a solid wood 8 ft. fence along the sideyard was excessive, preferring that the rear portion be stepped down to lessen impact to the neighbouring property owner. Ms. Oleskevich expressed the desire to maintain a continuous fence of the same height along the entire length of the sideyard for consistency and was of the opinion that the fence would not unduly obstruct their neighbour's view of the river given the neighbouring property is at a higher elevation and a large buffer exists between the rear lot line of the subject property where the fence will end, and the river. In addition, she advised that they would take care to ensure the fence is aesthetically constructed. The Committee then considered the option of permitting construction of the "living" fence as proposed, while denying variance approval for the front portion of the fence (34 ft.) along the sideyard, recognizing the property owner's legal entitlement to construct a 3 ft. fence along the front 34 ft. of sideyard and an 8 ft. fence along the remainder. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That part of the application of Joan M. Oleskevich requesting permission to construct a "living" fence setback 0 m from the front lot line adjacent to Old Mill Road a distance of 32 m (105 ft.), having a maximum height of 2.43 m (8 ft.), rather than the required 0.91 m (3 ft.), on Part Biehn's Tract, Registered Plan 578, 1824 Old Mill Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be generally in accordance with the plan/drawings submitted with Minor Variance Application, Submission No. FN 2002- 019. - and further - That part of the application of Joan M. Oleskevich requesting permission to construct a solid wood fence setback 0 m from the easterly sideyard commencing at the front lot line and continuing toward the rear property line a distance of 10.36 m (34 ft.), having a maximum height of 2.43 m (8 ft.), rather than the required 0.91 m (3 ft.), on Part Biehn's Tract, Registered Plan 578, 1824 Old Mill Road, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. That portion of the variance approved in this application is minor in nature. COMMITTEE OF ADJUSTMENT - 37 - DECEMBER 10, 2002 Submission No.: FN 2002-019 (Cont'd) That portion of the application approved is considered 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 ADJOURNMENT On motion, the meeting adjourned at 11:05 a.m. Dated at the City of Kitchener this 10th day of December, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment