HomeMy WebLinkAboutAdjustment - 2008-08-19 FN
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD AUGUST 19.2008
MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs. D. Cybalski and B. McColl
OFFICIALS PRESENT: Ms. K. Anderl, Senior Planner, Mr. B. Cronkite, Traffic Analyst, Mr. J.
Lewis, Traffic Technologist, 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 September 15, 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.:
Appl icant:
Property Location:
Leaal DescriDtion:
FN 2008-010
Ovidiu and Cornelia Ignuta
91 Steepleridge Street
Lot 47. Reaistered Plan 58M-324
Appearances:
In Support:
O. Ignuta
Contra:
None
Written Submissions:
None
The Committee was advised that the applicant requesting legalization of an existing 1 .82m (6')
high wooden fence located 0.24m (0.78') from the lot line along Doon South Drive (side yard
abutting a street) rather than the required 1.5m (4.92').
The Committee considered the report of the Development and Technical Services Department,
dated August 7, 2008, advising that the subject property contains one single family dwelling
located at the intersection of Steepleridge Street and Doon South Drive in the south end of
Kitchener. The property is designated as Low Rise Residential in the Official Plan and zoned
Residential Four (R-4) with a 279R Provision. The applicant is requesting a variance from the
City of Kitchener Fence By-law to legalize an existing wooden fence that is 1 .82 metres in
height and is 0.24 metres setback from the property line abutting a street instead of 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 intent of the 1.5 metre setback requirement is to maintain
pedestrian and vehicular safety and to protect neighbourhood aesthetics by prohibiting large
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. 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
COMMITTEE OF ADJUSTMENT
19
AUGUST 19, 2008
1. Submission No.: FN 2008-010 (Cont'd)
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
July 29,2008, advising that they have no concerns with this application.
In response to questions from the Committee, Mr. Ignuta advised that he constructed this
fence in the spring of this year, and contrary to the plan submitted with this application, the
fence actually goes from the front wall of the house to the rear lot line.
Ms. K. Anderl advised that the staff recommendation is consistent with all previous staff reports
on corner lot fences and is primarily based on aesthetics.
Mr. McColl commented that property owners have an obligation to inform themselves of the
rules before construction anything on their property. He also noted that in some circumstances
this Committee has approved applications for corner lot fences, but only when landscaping
could be installed to improve the streetscape. However, with a Om setback, there is no
opportunity to install landscaping.
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
That the application of Ovidiu and Cornelia Ignuta requesting legalization of an existing 1.82m
(6') high wooden fence located 0.24m (0.78') from the lot line along Doon South Drive (side
yard abutting a street) rather than the required 1.5m (4.92'), on Lot 47, Registered Plan 58M-
324, 91 Steepleridge Street, Kitchener, Ontario, BE REFUSED.
It is the opinion of this Committee that:
1 . The variance approved in this application is not minor in nature.
2. This application is not 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 not being maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:05 a.m.
Dated at the City of Kitchener this 19th day of August, 2008.
Dianne H. Gilchrist
Secretary- Treasurer
Committee of Adjustment