Loading...
HomeMy WebLinkAboutAdjustment - 2008-07-15 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 15, 200$ MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs. M. Hiscott and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B. Cronkite, Traffic Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk 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 August 18, 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 2008-008 Applicant: Adam and Janet Schmidt Property Location: 901 Woodbine Court Legal Description: Lot 172. Registered Plan 58M-374 Appearances: In Support: A. Schmidt Contra: None Written Submissions: None The Committee was advised that the applicant requesting permission to erect a 1.524m (5') high wrought iron fence to be located 0.6096m (2') from the lot line abutting Woodbine Avenue (side yard abutting a street) rather than the required setback of 1.5m (4.92'). The Committee considered the report of the Development and Technical Services Department, dated June 27, 2008, advising that the subject property is located at the corner of Woodbine Court and Woodbine Avenue. The zoning of the property is Residential Three (R-3) and the Official Plan designates the property as Low Rise Residential. The property is developed with a single detached dwelling. The applicant is requesting a minor variance to erect a 1.524 metre high wrought iron fence with a setback of 0.6096 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 offers the following comments. The intent of the 1.5 metre setback requirement in the Fence By-law is to maintain pedestrian and vehicular safety and to protect neighbourhood aesthetics by prohibiting "wall like" fences from being built in close proximity to the exterior side lot line and public sidewalk. With respect to neighbourhood aesthetics, the City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. COMMITTEE OF ADJUSTMENT 15 JULY 15, 200$ 1. Submission No.: FN 2008-008 tCont'd) The proposed location of the 1.524 metre high wrought iron fence will in no way obstruct or restrict sight lines for pedestrians or vehicles as it is well outside of the 7.5 metre corner visibility triangle. Also, the proposed location will not affect the access driveway of the abutting property at 100 Woodbine Ave. The use of wrought iron fencing with landscaping can be aesthetically pleasing from the streetscape perspective while achieving the desired level of property security, or in this case required security, for a future swimming pool. Landscaping in the rear yard of the subject property will be visible from the street and public sidewalk maintaining apedestrian-friendly neighbourhood. Planning staff is of the opinion that the requested minor variance meets the general intent of the Fence By-law and is desirable and appropriate development of the subject lands. Based on the foregoing, staff recommends that the application for minor variance to allow a 1.524 metre high wrought iron fence to be located 0.6096 metres from the side lot line abutting a street be approved without conditions. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 27, 2008, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Adam and Janet Schmidt requesting permission to erect a 1.524m (5') high wrought iron fence to be located 0.6096m (2') from the lot line abutting Woodbine Avenue (side yard abutting a street) rather than the required setback of 1.5m (4.92'), on Lot 172, Registered Plan 58M-374, 901 Woodbine Court, Kitchener, Ontario, BE APPROVED. 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 2. Submission No.: FN 2008-009 Applicant: Stephen and Denise Ouigley Property Location: 433 Falconridge Drive Legal Description: Part Block 9, Registered Plan 58M-182, being Part 57, Reference Plan 58R-12969 Appearances: In Support: D. Quigley Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing 1.52m (5') high wooden fence located Om from the lot line along Falconridge Crescent (side yard abutting a street) rather than the required setback of 1.5m (4.92'). The Committee considered the report of the Development and Technical Services Department, dated June 19, 2008, advising that the subject property contains one single family dwelling located at the intersection of Falconridge Drive and Falconridge Crescent in the north end of COMMITTEE OF ADJUSTMENT 16 JULY 15, 200$ 2. Submission No.: FN 2008-009 tCont'd) Kitchener. The property is designated as Low Rise Residential in the Official Plan and zoned Residential Three (R-3) with 307R and 315R Provisions. The applicant is requesting a variance from the City of Kitchener Fence By-law to legalize an existing 1.5 m high wooden fence located 0.0 metres from a sideyard abutting a street, Falconridge Crescent, rather than the permitted maximum height of 0.3 metres. Fora 1.5 metre high fence to be legal, a 1.5 metre setback from the side lot line is required. The intent of the 0.3 m fence height restriction 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, 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 June 27, 2008, advising that they have no concerns with this application. Ms. Quigley advised that the fence, pool and deck were constructed prior to them purchasing this property. When questioned by the Committee, Ms. Von Westerholt advised that to the best of her knowledge, second storey decks on single family dwellings are more common in older areas of the City, but not in new subdivisions such as this. It was her opinion that in this setting such a balcony is out of place. Ms. Von Westerholt advised that she recognizes that there must be a fence around the pool; however, this recommended refusal is the same position that staff has taken with wooden fences on corner lots in the past. She requested that if the Committee decides in favour of the fence, that landscaping be required. Mr. McColl questioned whether sidewalks will be installed on both sides of Falconridge Crescent and Mr. Cronkite responded that it is the City's current policy to have sidewalks on both sides of each street; however, this subdivision may have been built prior to the current policy. Ms. Quigley advised that they have no room to move the fence because of the location of the pool, and they have tried to improve the look of the fence by installing landscaping. She advised that the fence, pool and balcony were in existence when they purchased the property, and they were not advised of the non-compliance when they purchased the property. Once they found out that there was a variance, they tried to do the right thing, and their lawyer advised them to claim the costs of this process through their Title Insurance. Mr. McColl advised that he has no concerns with the pool, and not much of a concern with the fence because of the proposed landscaping. Regarding the balcony, Ms. Quigley advised that the deck is on the side away from the street and they have planted trees to try and camouflage it from the street. She advised that this deck is well used and the abutting neighbour has no concerns with it. The Chair stated that he sees no purpose in refusing this application; further, there is no one, either in attendance or in writing, who is opposed to this application. COMMITTEE OF ADJUSTMENT 17 JULY 15, 200$ 2. Submission No.: FN 2008-009 tCont'd) Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Stephen and Denise Quigley requesting legalization of an existing 1.52m (5') high wooden fence located Om from the lot line along Falconridge Crescent (side yard abutting a street) rather than the required setback of 1.5m (4.92'), on Part Block 9, Registered Plan 58M-182, being Part 57, Reference Plan 58R-12969, 433 Falconridge Drive, Kitchener Ontario, BE APPROVED. 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 ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 15th day of July, 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment