HomeMy WebLinkAboutAdjustment - 2008-06-17 FNCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JUNE 17, 200$
MEMBERS PRESENT: Messers M. Hiscott, A. Head and B. McColl
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B. Cronkite, Traffic Analyst,
Ms. K. Anderl, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer, and
Ms. D. Hartleib, Administrative Clerk.
Mr. M. Hiscott, Vice 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 June 23, 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 2008-007
Applicant: Frank & Suzette Sargeant
Property Location: 39 Winding Wood Crescent
Legal Description: Lot 48, Registered Plan 58M-158
Appearances:
In Support: F. Sargeant
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests 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.
The Committee considered the report of the Development and Technical Services Department,
dated June 17, 2008, advising the subject property is located at the corner of Crest Haven
Street and Winding Wood Crescent in the Doon South Community. The property is designated
Low Rise Residential in the Official Plan and is zoned Residential Three (R-3) in By-law 85-1.
Surrounding properties are single detached dwellings. The applicant is requesting a variance
from the City of Kitchener Fence By-law to allow an existing fence abutting a street that is 2.1
metres (6' feet 8" inches) in height with a setback of 1.5 metres (5 feet) instead of the
required 1.8 metres (6' feet). In addition, the applicant is requesting the legalization of an
existing shed that is located 3.04 metres (10' feet) from the property line abutting a street
instead of the required 4.57 metres (15' feet).
In considering the requested variance to the City of Kitchener Fence By-law, Planning staff
offer the following comments. The intent of the City's Fence By-law for corner lots is to have a
larger setback requirement the higher the fence to be built. For example, a 0.9 metre (3' foot)
high fence requires no setback whereas a 2.43 metre (8' foot) high fence is required to be
setback 4.57 metres (15' feet). The purpose of this requirement is to ensure there is adequate
separation distance from a taller fence structure to the sidewalk and provide for appropriate
COMMITTEE OF ADJUSTMENT 12 JUNE 17, 200$
1. Submission No.: FN 2008-007 tCont'd
width of landscaping between the sidewalk and the fence structure to soften the visual impact
of the fence on the streetscape.
The visual impact of the fence on the streetscape is negligible given the fence steps down due
to grading and is setback from the sidewalk. The presence of boulevard trees close to the
sidewalk helps to visually soften the appearance. Staff also note that the existing fence does
not pose any visibility concerns with respect to adjacent driveways or intersections.
Accordingly, staff has no issue with the height of the fence being 20 centimetres (8" inches)
higher than the permitted 1.82 metres in height for a setback of 1.5 metres (5' feet).
With respect to the location of the accessory shed, the intent of the required 4.57 metre
setback for a property abutting a street is for streetscape aesthetic purposes. The shed is
screened behind the fence and therefore does not negatively impact the streetscape. Staff are,
however, of the opinion that the planting of some trees in front of the fence as it juts out from
the rear of the house would help to soften the view of not only the fence at this location but
also the of top of the shed. Accordingly, staff recommend that the variance be approved as the
intent and purpose of the Zoning By-law is being maintained.
Mr. Sargeant advised that he is opposed to the condition recommended by staff, as to do so
will take away from the fence, and he has recently planted a Mulberry tree in this area. With
respect to softening the appearance of the shed, Mr. Sargeant spoke to his neighbour who
commented that they did not know he had a shed. When questioned, Mr. Sargeant advised
that his shed measures 8' x 8' and is approximately 8' high, and it was constructed in 2005.
A discussion took place between the Committee and staff with respect to the type of trees that
would be required through the requested condition. Ms. Von Westerholt advised that staff do
no dictate the type of tree. Mr. Sargeant can discuss the type of tree with staff, with the
particular area for planting in mind. Ms. Von Westerholt also advised that the condition could
be reworded to state "2 trees or other suitable landscaping".
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Frank & Suzette Sargeant 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 out 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.
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 Chapter 630 (Fences) of the City of Kitchener
Municipal code is being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT 13 JUNE 17, 200$
ADJOURNMENT
On motion, the meeting adjourned at 10:05 a.m.
Dated at the City of Kitchener this 17th day of June, 2008.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment