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HomeMy WebLinkAboutAdjustment - 2008-04-15 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 15, 200$ MEMBERS PRESENT: Ms. C. Balcerczyk and Messers D. Cybalski and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk, and Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, 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 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 May 5, 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 2008-002 Applicant: Dan and Carole Hunt Property Location: 145 Newbury Drive Legal Description: Lot 114, Plan 1542 Appearances: In Support: C. Hunt Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a 1.8m (5.9') high wooden fence to have a side yard abutting a street of 0.6m (1.96') rather than providing the required side yard abutting a street of 1.5m (4.92') The Committee considered the report of the Development and Technical Services Department, dated April 4, 2008, advising the subject property contains a single family dwelling with an attached garage which is located at the corner of Newbury Drive. The property is designated as Low Rise Residential in the Municipal Plan and is zoned Residential Three (R-3). The applicant is requesting a minor variance to allow a proposed 1.8m high wooden fence to be located 0.6m from the side lot line abutting Newbury Drive. The maximum permitted height for a fence located within 1.5m of a side lot line abutting a street is 0.9m. For a fence having a height of 1.8m, the required setback from a side lot line abutting a street is 1.5m. The intent of the 1.5m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line. With respect to neighbourhood aesthetics, the City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The use of tall wooden fences that are erected in close proximity to exterior site lot lines adversely effects pedestrian enjoyment of public roadways and walkways and limits the potential use of landscaping and architectural screens that would otherwise enhance the aesthetics of the neighbourhood. As such, the opinion of Planning Staff is COMMITTEE OF ADJUSTMENT 4 April 15, 200$ 1. Submission No.: FN 2008-002 tCont'd) that the requested variance does not meet this intent of the Fence By-law and would therefore not be desirable from a neighbourhood design standpoint. However, the applicants have indicated that in order to comply with the fence by-law by setting the fence in 1.5 metres from the property line, the large coniferous trees on the property will have to be removed. This too should be taken into consideration as to whether this is appropriate development of the subject lands. There may be some merit in considering a reduced setback to preserve the trees. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 9, 2008, advising they have no concerns with this application. Ms. Hunt provided photos of the subject property showing the existing chain link fence, taken more recently then those provided by staff. She noted the trees being located 1.5m back from the property line. She advised that the proposal is to locate the new wooden fence 2' from the side lot line, and she is prepared to install landscaping between the fence and the sidewalk. Ms. vonWesterholt advised that in the past, applications such as this have been refused; although, in this case the application does have some merit because the location of the existing trees. Ms. Hunt advised that they have chosen to erect a wooden fence because they would like more privacy in their yard and also to be able to contain their dogs. When questioned by the Committee, Mr. Parent advised that the proposed fence will not create any visibility problems. The Committee discussed with Ms. Hunt the possibility of constructing a 5' high fence rather then 6', and she agreed to reduce the height. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Dan and Carole Hunt requesting permission to erect a 1.524m (5') high wooden fence to be located 0.609m (2') from the side lot line abutting Newbury Drive rather than providing the required side yard abutting a street of 1.5m (4.92'), on Lot 114, Plan 1542, 145 Newbury Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: 1. That the proposed fence shall be located a minimum of 0.609m (2') from the side lot line abutting Newbury Drive, or closer to the existing trees if possible. 2. That the owner shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, and, once approved shall install the said landscaping. 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 2. Submission No.: FN 2008-003 Applicant: Weldon, Sally and Susan Carr Property Location: 93 Birch Avenue Legal Description: Lot 49, Plan 666 Appearances: In Support: W. Carr COMMITTEE OF ADJUSTMENT 5 April 15, 200$ 2. Submission No.: FN 2008-003 tCont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to relocate an existing 1.5m (4.92') high fence such that the fence will have a side yard abutting Arnold Street of 0.6m (1.96') rather than providing the required side yard abutting a street of 1.5m (4.92'). The Committee considered the report of the Development and Technical Services Department, dated April 4, 2008, advising the subject property contains a single family dwelling and is located at the west corner of Birch Avenue just north of Arnold Street. The property is designated as Low Rise Residential in the Municipal Plan and is zoned Residential Three (R- 3). The applicant is requesting a minor variance to allow them to move their existing fence, which currently encroaches on City property, to 0.6m from the side lot line rather than the required 1.5m setback. The maximum permitted height for a fence located within 1.5 m of a side lot line abutting a street is 0.9m. For a fence having a height of 1.5m the required setback from a side lot line abutting a street is 1.5m. The intent of the 1.5m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line. With respect to neighbourhood aesthetics, the City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The use of tall wooden fences that are erected in close proximity to exterior site lot lines adversely effects pedestrian enjoyment of public roadways and walkways and limits the potential use of landscaping and architectural screens that would otherwise enhance the aesthetics of the neighbourhood. The location of the current fence is within the restricted 4.5m Driveway Visibility Triangle of the dwelling situated to the rear of the subject property. As such, Planning Staff are of the opinion that the variance does not meet the general intent of the Fence By-law and is not desirable for the appropriate development of the subject lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 9, 2008, advising they have no concerns with this application. Mr. Carr advised that they purchased this property 5 years ago and, at that time, they did not know that the fence was located on City property. There are two mature pine trees on that side of the property, which prevent the fence from being located 5' from the property line. They would like to use the existing fence material and locate this fence 2' from the side lot line. He noted the fence is 5' high. It was noted by the Committee that the neighbour's driveway is located at the corner of the fence, and although a visibility triangle has been provided, Transportation Planning staff are not certain that the size of the triangle meets by-law requirements. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Weldon, Sally and Susan Carr requesting permission to relocate an existing 1.524m (5') high wooden fence such that the fence will have a side yard abutting Arnold Street of 0.609m (2') rather than providing the required side yard abutting a street of 1.5m (4.92'), on Lot 49, Plan 666, 93 Birch Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the proposed fence shall be located a minimum of 0.609m (2') from the side lot line abutting Arnold Street, or closer to the existing trees if possible. 2. That the owner shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, and, once approved shall install the said landscaping. COMMITTEE OF ADJUSTMENT 6 April 15, 200$ 2. Submission No.: FN 2008-003 tCont'd) 3. That the owner shall provide and maintain a 4.57m (15') driveway visibility triangle at the lot line with 166 Arnold Street. 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 3. Submission No.: Applicant: Property Location Legal Description: Appearances: In Support: Contra: FN 2008-004 Carlos and Melanie Carvalho 3 Coopershawk Street Part Block 9, Registered Plan 58M-181, being Part 111, Reference Plan 58R-12968 M. Carvalho None Written Submissions: None The Committee was advised that the applicant requests permission to relocate an existing 1.75m (5.74') high wrought iron fence such that it will be located on the lot line along Owl Ridge Street rather than providing the required a side yard abutting a street of 1.5m (4.92'). The Committee considered the report of the Development and Technical Services Department, dated April 7, 2008, advising the subject property contains a single family dwelling and an existing wrought-iron fence, and is located at the corner of Coopershawk Street and Owl Ridge Street. The property is designated as Low Rise Residential in the Municipal Plan and is zoned Residential Three (R-3), with the 307R and 305R provisions. The applicant is requesting a minor variance to permit a 1.75 m (5.7 ft) tall wrought iron to have a side yard setback of 0 m rather than the required 1.5 m (4.9 ft). The maximum permitted height for a fence located within 1.5 m of a side lot line abutting a street is 0.9 m (3 ft). The existing fence is on City property, however the applicant proposes to move the fence back onto their property line. The intent of the 1.5 m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line. The City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The use of tall fences that are erected in close proximity to exterior site lot lines can adversely effect pedestrian enjoyment of public roadways and walkways, creating a "wall" effect, and limiting the potential use of landscaping and architectural screens that would otherwise enhance the aesthetics of the neighbourhood. The fence on the subject property is of wrought-iron style, which does not form as significant a visual impairment when compared to a wooden fence. 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. As such, Planning Staff are of the opinion that the variance meets the general intent of the Fence By-law and is desirable for the appropriate development of the subject lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 9, 2008, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 7 April 15, 200$ 3. Submission No.: FN 2008-004 tCont'd) Ms. Carvalho advised that the back fence is wooden and it is shared by their rear neighbour. This fence is probably partially on City property. Ms. vonWestherholt advised that the neighbours fence is probably being reviewed through another process, and she will make note of this situation, although there may not be a problem given the curvature of the road. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Carlos and Melanie Carvalho requesting permission to relocate an existing 1.75m (5.74') high wrought iron fence such that it will be located on the lot line along Owl Ridge Street rather than providing the required a side yard abutting a street of 1.5m (4.92'), on Part Block 9, Registered Plan 58M-181, being Part 111, Reference Plan 58R- 12968, 3 Coopershawk Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall move the fence off City property and onto the side lot line. 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 4. Submission No.: Applicant: Property Location: Legal Description: FN 2008-005 Grant Whitehead and Heather Barrow 470 Hearthwood Drive Lot 23, Registered Plan 58M-135 Appearances: In Support: G. Whitehead Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a 1.82m (6') high wooden fence on the lot line along Hearthway Street rather than providing the required side yard abutting a street of 1.5m (4.92'). The Committee considered the report of the Development and Technical Services Department, dated April 7, 2008, advising the subject property contains a single family dwelling located at the corner of Hearthway Street and Hearthwood Drive. The property is designated as Low Rise Residential in the Municipal Plan and is zoned Residential Three (R-3). The applicant is requesting a minor variance to permit a fence of a height of 1.82 m (6 ft) to have a side yard setback of 0 m rather than the required 1.5 m (4.9 ft). The maximum permitted height for a fence located within 1.5 m of a side lot line abutting a street is 0.9 m (3 ft). The intent of the 1.5 m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line. With respect to neighbourhood aesthetics, the City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The use of tall wooden fences that are erected in close proximity to exterior site lot lines adversely effects pedestrian enjoyment of public roadways and walkways and limits the potential use of landscaping and architectural screens that would COMMITTEE OF ADJUSTMENT 8 April 15, 200$ 4. Submission No.: FN 2008-005 tCont'd) otherwise enhance the aesthetics of the neighbourhood. As such, Planning Staff are of the opinion that the variance does not meet the general intent of the Fence By-law and is not desirable for the appropriate development of the subject lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 9, 2008, advising they have no concerns with this application. Mr. Whitehead submitted 5 photographs of his sideyard, and his abutting neighbour's wooden fence. He advise that in reviewing the staff report, there are 2 main issues, one is sight lines and the other is aesthetics. With respect to sight lines and vehicle safety, Transportation Planning staff have advised they have no concerns with his application. Regarding aesthetics, he advised that most of his immediate neighbours received notice of his application and they have no concerns. With respect to the aesthetics of tall wooden fences, Mr. Whitehead referred to his submitted photographs of the fence at 482 Hearthway Street, noting that his proposed fence would be similar in appearance, and the appearance of his fence doesn't detract from the neighbourhood's appearance. Mr. Whitehead then referred to photograph #2 showing the fence of the property abutting his own. He stated that to have a different setback then this one, for his own fence, would not present a good appearance. Also he has 3 mature trees along that side of his property which are approximately 2.5' from the lot line. If he has to comply with the Fence By-law, he would have to remove these trees, and to do so would go against City policy. He stated that even setting the fence 1' from the property line would affect the tree roots. Mr. Whitehead then referred to photograph #5, which is a current view of his neighbour's fence, and he advised that his fence would look exactly the same. He noted that the fence is required for privacy and safety. The Chair advised that he can not support a Om setback for the fence. He noted Mr. Whitehead's photograph #4 that shows a distance of 29" from the tree to the lot line. He stated that the setback relates to the fence posts, and cutting back tree branches that affect the fence is a maintenance issue. He stated that he could support a 5' high fence with a 2' setback, with landscaping between the fence and the sidewalk. Mr. Whitehead, stated that he would prefer a 6' high fence to match with the neighbour's fence but will accept the Committee's decision fora 5' high fence. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Grant Whitehead and Heather Barrow requesting permission to erect a 1.525m (5') high wooden fence to have a side yard abutting Hearthway Street of 0.609m (2') rather then the required 1.5m (4.92'), on Lot 23, Registered Plan 58M-135, 470 Hearthwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line and once approved shall install the said landscaping. 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 COMMITTEE OF ADJUSTMENT 9 April 15, 200$ 5. Submission No.: FN 2008-006 Applicant: Tri Mark Industrial Inc. Property Location: 130-156 Birch Avenue Legal Description: Part Lot 116, Registered Plan 666 Appearances: In Support: D. Stewart T. Straus Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a 2.5m (8.2') high wooden fence to be located 1.5m (4.92') from the lot line along Birch Avenue rather than providing the required front yard set back of 7.6m (24.93'). The Committee considered the report of the Development and Technical Services Department, dated April 7, 2008, advising the subject property contains an industrial facility and fronts on both Birch Avenue and Maple Avenue with the municipal address 130-156 Birch Avenue. The property is zoned General Industrial (M-2). The applicant is requesting a minor variance to construct a 2.5m high wooden fence located 1.5m from the front lot line abutting Birch Avenue. For a fence having a height of 2.5m the required setback from a front lot line abutting a street is 7.6m. The intent of the 7.6m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior lot lines. With respect to neighbourhood aesthetics, the City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. The use of tall wooden fences that are erected in close proximity to exterior site lot lines adversely effects pedestrian enjoyment of public roadways and walkways and limits the potential use of landscaping and architectural screens that would otherwise enhance the aesthetics of the neighbourhood. For this particular application, the constructed fence would screen daily industrial operations from the residential dwellings located on the opposite side of Birch Avenue. In addition, a landscape plan has been submitted with the application for minor variance and illustrates the planting to be implemented if such minor variance is granted. As such, Planning Staff are of the opinion that the variance meets the general intent of the Fence By-law and is more desirable for the appropriate development of the subject lands and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 9, 2008, advising they have no concerns with this application. It was noted by the Committee that staff are actually recommending an amendment to this application to reduce the height of the fence to 2m rather then the requested 2.5m. Mr. Parent requested the imposition of a condition requiring the applicant to provide a 4.57m driveway visibility triangle at 170 Birch Avenue. Mr. D. Stewart advised that the applicant agrees to the requested amendment and additional condition, he also advised that Tri Mark has agreed to not install a gate in this fence so as to prevent truck access. However, he disagrees with the requested condition regarding site plan approval. There is to be no change of use or change to the buildings on site, so the Planning Act does not require the submission of a site plan. He noted that they have already submitted a landscaping plan. The only thing required is moving the fence. He noted that the site plan process will cause a delay. The owners have purchased this property and need to be able to move in to it as soon as possible. Ms. vonWesterholt advised that the site plan on file for this property has different buildings than what is currently on the site. Mr. Stewart noted that the previous site plan, submitted by a "interim" owner, was submitted at the time they intended to convert this property to residential use. It was generally agreed that the current site plan needs to be released, discharged or reissued. COMMITTEE OF ADJUSTMENT 10 April 15, 200$ 5. Submission No.: FN 2008-006 tCont'd) Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tri Mark Industrial Inc. requesting permission to erect a 2m (6.56') high wooden fence to be located 1.5m (4.92') from the lot line along Birch Avenue rather than providing the required front yard set back of 7.6m (24.93'), on Part Lot 116, Registered Plan 666, 130-156 Birch Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a Site Plan application from the City's Planning Division. 2. That there shall be no gate access in this fence, on Birch Avenue, so as to eliminate any truck traffic on the residential street. 3. That the owner shall provide and maintain a 4.57m (15') driveway visibility triangle at 170 Birch Avenue. 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 10:45 a.m. Dated at the City of Kitchener this 15th day of April, 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment