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HomeMy WebLinkAboutAdjustment - 2008-10-21 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 21, 2008 MEMBERS PRESENT: Messers D. Cybalski, M. Hiscott & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, 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 November 24, 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 2008-012 Applicant: Mark and Kim Grisold Property Location: 135 Islington Avenue Legal Description: Lot 110, Plan 841 Appearances: In Support: M. Grisold Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing 1.8m (6') high wooden fence located 0.6m (2') from the side lot line abutting Islington Avenue rather than the required 1.5m (5'). The Committee considered the report of the Development and Technical Services Department, dated August 28, 2008, advising that the subject property is located at the intersection of Islington Avenue and Sherwood Avenue and is developed with a single detached dwelling. The land is designated as how Rise Residential in the City's Official Plan and zoned Residential Three (R-3) in By-law 85-1. The applicant is requesting a minor variance to legalize an existing wooden fence that is 1.8m high and located 0.6m from the side lot line abutting Islington Avenue. On corner lots, a fence that is 1.8m in height must be set back 1.5m from the properly line. The applicant is requesting permission to allow their 1.8m high fence to be located 0.6m from the property line where the bylaw requires 1.5m. In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The 1.5m setback requirement is required 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 COMMITTEE OF ADJUSTMENT 19 OCT46ER 21, 2008 1. Submission No.: FN 2008-012 (Cont'd environment and attractive streetscape. The proposed fence provides some setback from the lot line and also does not obstruct the visibility triangle for pedestrian and vehicular safety. Staff note that the owner was successful in meeting the driveway visibility triangle which ensures that visibility of pedestrians and other vehicles is not obstructed when using the neighbour's driveway. In regards to aesthetics, the use of tall wooden fences that are erected in close proximity to exterior side lot lines may adversely affect pedestrian enjoyment of public roadways and walkways, and as such should not be supported. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Ms. von Westerholt explained the staff report for the benefit of Mr. Grisold. Mr. Grisold advised that they have a pool in the backyard and there has been a 5' high chainlink fence in the location of the current wood fence for at least 15 years. Because they have a pool, they wanted more privacy so decided to construct a wooden fence. They were aware of the 5' setback requirement, so measured 5' from the sidewalk, not realizing that the lot line was not at the sidewalk. They had a fence company install the poles, and the company advised him that the fence was too close to the lot line. Mr. Hiscott noted there is approximately 25' of fence abutting the sidewalk including 5 posts. Mr. Grisold agreed and submitted photographs of the fence. He advised that he proposes to install landscaping outside the fence. In response to further questions Mr. Grisold advised that there is not much room to move the fence because of the location of the pool, noting that the pool comes to the corner of the house. Mr. Hiscott questioned what action the City will take if this application is refused. Ms. von Westerholt stated that she thinks By-haw Enforcement will require the fence to be removed. With respect to a future sale of the subject property, Ms. von Westerholt advised that people usually only check on zoning by-law compliance and not on fence by-law compliance. Mr. Grisold advised that By-law Enforcement staff attended at his property when the fence company installed the posts. Ms. von Westerholt stated that By-law Enforcement is usually complaint based. Mr. Hiscott stated that he believes this application should be refused and the fence should be moved. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Mark and Kim Grisold requesting legalization of an existing 1.8m (6') high wooden fence located 0.6m (2') from the side lot line abutting Islington Avenue rather than the required 1.5m (5'), on dot 110, Plan 841, 135 Islington Avenue, 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 COMMITTEE OF ADJUSTMENT 20 OCTOBER 21, 2008 ADJOURNMENT On motion, the meeting adjourned at 10:14 a.m. Dated at the City of Kitchener this 21 st day of October, 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment