HomeMy WebLinkAboutAdjustment - 2008-02-19 FNCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD FEBRUARY 19, 200$
MEMBERS PRESENT: Messers M. Hiscott, A. Head & B. McColl
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic Analyst, Ms.
D. Gilchrist, Secretary-Treasurer, Ms. D. Hartleib, Administrative Clerk.
Mr. M. Hiscott, Vice Chair, called this meeting to order at 11:06 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 Monday February 25, 2008, 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 2008-001
Applicant: Daniel & Joanne Leclerc
Property Location: 68 Isabella Street
Legal Description: Lot 96, Registered Plan 58M-344
Appearances:
In Support: D. Leclerc
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to move a 1.82m (5.9')
high wooden fence, to be located 0.33m (1.08') from the side lot line abutting Commonwealth
Place, rather than the required 1.52m (4.9').
The Committee considered the report of the Development and Technical Services Department,
dated February 1, 2008, advising the subject property is located at the intersection of Isabella
Street and Commonwealth Crescent. It is developed with a single detached dwelling. The
subject property is zoned Residential Six Zone (R-6) which supports the use of the property as
a single detached dwelling. Immediately adjacent the subject property is a new elementary
school presently under development.
The applicant is requesting a minor variance to allow a 1.8 metre high wooden fence to be
setback 0.33 metres from the side lot line abutting a street, rather than the required 1.5 metre
setback.
In considering the requested variance to the City of Kitchener Fence By-law, Planning staff
offer the following comments.
The applicant had originally submitted the variance application on October 15, 2007 at which
time it was suggested by staff that the application be put on hold pending Council's direction
with regard to corner lot fences. Since that time, Council has made the recommendation that
existing corner lot fences can be approved provided they do not pose any traffic-safety issues
or sightline problems, do not exceed 2.4 metres in height and further, that the property owner
submit an acceptable landscape plan.
COMMITTEE OF ADJUSTMENT 2 February 19, 2008
1. Submission No.: FN 2008-001 tCont'd)
The applicant is proposing to install a swimming pool which requires a fence having a height of
at least 1.5 metres. The subject property presently has a 1.8 metre high fence along the rear
of the property which abuts the elementary school. The applicant wishes to install the 1.8
metre high fence along the side property line abutting the street to match the existing fence to
provide a consistent streetscape.
Staff is of the opinion that even though this is not an existing fence that the application should
be treated as such. In the spirit of Council's direction, the proposed fence would be
appropriate in the location as proposed, providing a 0.33 metre setback from the property line.
This reduced setback will still provide a separation from the sidewalk minimizing the impact on
pedestrians and will not create any traffic or visibility hazards.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 11, 2008, advising they have no concerns.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Daniel & Joanne Leclerc requesting permission to locate a 1.82m (5.9')
high wooden fence, 0.33m (1.08') from the side lot line abutting Commonwealth Place rather
than the required 1.52m (4.9'), on Lot 96, Registered Plan 58M-344, 68 Isabella Street,
Kitchener Ontario, BE APPROVED, subject to the following condition:
1. That the owners shall install landscaping between the fence and the lot line abutting
Commonwealth Place, 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 Sign By-law is being maintained
on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11:10 a.m.
Dated at the City of Kitchener this 19th day of February, 2008.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment