HomeMy WebLinkAboutCRPS-08-123-1 - Fence Variance - 39 Winding Wood Cres
Report To:
Date of Meeting:
Submitted By:
Committee of the Whole
June 23, 2008
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Dianne Gilchrist - Secretary-Treasurer Committee of
Adjustment
Dianna Hartleib
4
June 18, 2008
CRPS - 08 - 123
Fence Variances - 39 Winding Wood Crescent
RECOMMENDATION:
That the application of Frank & Suzette Sargeant (FN2008-007 - 39 Winding Wood
Crescent) requesting legalization of an existing wooden fence having a height of 2m
(6.66') located 1 .11 m (3.66') from the side lot line abutting Crest Haven Street, whereas
the by-law permits 1.82m (6') high fences to be located 5m (16.4') from a side lot line
abutting a street, on Lot 48, Registered Plan 58M-158, 39 Winding Wood Crescent,
Kitchener Ontario, BE APPROVED, subject to the following condition:
1 . That the owners shall plant 2 trees or other suitable landscaping along that
portion of the existing fence that juts put onto the left side yard, in order to soften
the appearance of the fence at this location and to obstruct the view of the top of
the shed, to the satisfaction of the Director of Planning.
REPORT:
The Committee of Adjustment met as a standing committee of City Council on Tuesday
June 17, 2008, to consider an Application for Minor Variance pursuant Chapter 630
(FENCES), of the City of Kitchener Municipal Code.
The recommendation above is forwarded to you on behalf of the Committee of
Adjustment for your consideration.
D. Gilchrist
1
KrTC~~R
Corporate Services
REPORT
Report To: Mayor C. Zehr and Members of Council
Date of Meeting: August 18, 2008
Submitted By: Dog Designation Appeal Committee
Prepared By: Colin Goodeve, Committee Administrator
Ward(s~ Involved: All
Date of Report: June 25, 2008
Report No.: CRPS-08-123
Subject: DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF JEANETTE BADMAN
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Jeanette Bauman, wherein the Committee affirms the Dangerous Dog Designation applied
to her dog `Bela' by the Kitchener-Waterloo and North Waterloo Humane Society and
assigns conditions for the keeping of said dog, be ratified and confirmed.
BACKGROUND:
On May 27, 2008 the Kitchener-Waterloo and North Waterloo Humane Society designated an
American Eskimo Spitz named `Bela', a dog owned by Jeanette Bauman, as a Dangerous Dog,
pursuant to Chapter 530.1.8 of the City of Kitchener Municipal Code. It was noted in the
Humane Society's Notice of Dangerous Dog Designation, that the designation was issued as a
result of an incident which occurred on March 14, 2008 whereby `Bela' did bite a person without
provocation.
On June 3, 2008 correspondence was received from Jeanette Bauman, appealing the
Dangerous Dog Designation assigned to her dog `Bela'. Accordingly, a Notice of Hearing was
issued to the Appellant (Jeanette Bauman} and the Respondent the Kitchener-Waterloo and
North Waterloo Humane Society}, advising that on June 23, 2008 a hearing of the Dog
Designation Appeal Committee would be held to consider this matter.
REPORT:
The Dog Designation Appeal Committee established by the Council of the Corporation of the
City of Kitchener pursuant to Chapter 530 Dogs) of the City of Kitchener Municipal Code and
the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on June 23, 2008 to
consider an appeal filed with the City by Jeanette Bauman, reports as follows:
Having considered the evidence and exhibits introduced by all parties to this hearing, the
Committee finds that on March 14, 2008 `Bela', a dog owned by Jeanette Bauman, in the absence
of any mitigating factors did bite a person. Accordingly, the Committee hereby affirms the
Dangerous Dog Designation applied to `Bela', and assigns the following requirements for the
keeping of said Dangerous Dog:
That the owner shall:
a} keep the Dangerous Dog, when it is on the lands and premises of the owner, confined:
i. within the owner's dwelling; or,
ii. on a leash which prevents the Dangerous Dog from leaving the side/rear yard of the
owner's property, subject to a fence being constructed in accordance with Kitchener
Municipal Code Chapter 630 (Fences) and to the satisfaction of the Poundkeeper
thereby enclosing the side/rear yard of the owner's property.
b} when children under the age of 14 are in the owner's dwelling to keep the Dangerous Dog
caged, penned or under the control of a person of at least 16 years of age.
c) keep the Dangerous Dog under the effective control of a person of 16 year of age and
under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by
the Poundkeeper, at all times when the dangerous dog is off the owner's property.
d) securely attach a muzzle as defined in Chapter 530 (Dogs) to the Dangerous Dog at all
times when it is off the owner's property.
e) have a microchip inserted in the Dangerous Dog by a licensed veterinarian and to permit
the Poundkeeper to verify the implantation of such microchip and supply the microchip
information to the Poundkeeper.
f) provide the Poundkeeper with the new address and telephone number of the owner within
two (2) working days of moving the Dangerous Dog.
g) provide the Poundkeeper with the name, address and telephone number of the new owner
within two (2) working days of selling or giving away the Dangerous Dog.
h) advise the Poundkeeper within two (2) working days of the death of the Dangerous Dog.
i) advise the Poundkeeper forthwith if the Dangerous Dog is running at large or has bitten or
attacked any person or animal.
j} purchase and display, at the entrance to the owner's dwelling, to which a person would
normally approach, and at any other place on the property as directed by the Poundkeeper,
a warning sign or warning signs provided by the Poundkeeper. The signs} shall be posted
in such a manner that it/they cannot be easily removed by passersby and the sign posted
at the entrance which a person would normally approach must be clearly visible to a person
approaching the entrance or, when in a multiple unit dwelling, the owner will provide the
name of the property owner and property manager if any and allow the Dog Designation
Appeal Committee to request that person to post a sign.
k) provide a copy of this designation to any person who keeps or harbours the Dangerous
Dog.
I) cause the Dangerous Dog to wear the tag or tag(s) provided by the Poundkeeper at all
times.
m) not to keep or harbour the Dangerous Dog in a multiple dwelling or lodging house and
where the owner's current dwelling is a multiple dwelling or lodging house the dog may be
kept or harboured at other premises subject to all the conditions imposed on the keeping of
the dog under this by-law.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and
the Respondent via registered mail on June 24, 2008; thereby notifying both parties that the
Committee's decision would be considered at the August 18, 2008 Council meeting.
Colin Goodeve,
Committee Administrator