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Home My WebLink AboutCRPS-09-004 - Fence Variance - 280 The Country WayJ KrT~1~~R Corporate Services REPORT Report To: Committee of the Whole Date of Meeting: January 26, 2009 Submitted By: Dianne Gilchrist -Secretary-Treasurer Committee of Adjustment Prepared By: Dianna Hartleib Ward(s~ Involved: 4 Date of Report: January 20, 2008 Report No.: CRPS-09-004 Subject: Fence Variance - 280 The Country Way RECO~~ENDATION: "That the application of Sherry & John Thomson (FN 2009-001 - 280 The Country Way} requesting legalization of a 1.52m (5 ft.) high fence located in the same position as the existing fence, being Om from the side lot line along Colony Drive rather than 1.52m ~5'), on Part Lot 308, Registered Plan 1416, being Part 1, Reference Plan 58R-3891, 280 The Country Way, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall provide a 4.57 (15') driveway visibility triangle. 2. That the owner shall reduce the height of the board portion of the fence so that the fence shall consist of 1.21 m (4') of board topped by 0.3m ~1'} of wooden lattice, for an overall fence height of 1.52m ~5'}" REPORT: The Committee of Adjustment met as a standing committee of City Council on Tuesday January 20, 2009, to consider an application pursuant to Chapter 630 (FENCES), of the City of Kitchener Municipal Code. The recommendations above are forwarded to you on behalf of the Committee of Adjustment for your consideration. D. Gilchrist COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 20, 2009 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:30 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 on Monday, January 26, 2009, 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.: Applicant: Property Location: Legal Description: FN 2009-001 Sherry & John Thomson 280 The Country Way Part dot 308, Registered Plan Reference Plan 58R-3891 1416, being Part 1, Appearances: In Support: J. & S. Thomson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing 1.82m (6 ft.) high fence located on the lot line along Colony Drive rather than being set back the required 1.52m (5'). The Committee considered the report of the Development and Technical Services Department, dated December 20, 2008, advising that the subject property is located on the corner of Colony Drive and The Country Way and is developed with asemi-detached dwelling. The property is designated as how Rise Residential in the City's Official Plan and is zoned Residential Four (R-4) in By-law 85-1. The applicant is requesting a variance from the Fence By-law to legalize an existing wooden corner lot fence with a height of 1.82 metres and an exterior side yard setback of 0 metres rather than the required 1.5 metres. 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 environment and attractive streetscape. The proposed fence provides no set back from the lot COMMITTEE OF ADJUSTMENT 1. Submission No.: FN 2009-001 ~Cont'd~ JANUARY 20, 2009 line and only provides approximately 0.76 metres (2 1/2 feet) between the fence and the sidewalk for a landscaped area. This limits the amount of potential vegetation that could be added to improve the fagade of the fence along the sidewalk and as a result does not meet the intent of the by-law. Staff note that currently the existing fence is obstructing the Driveway Visibility Triangle (DVT). The applicant has proposed to rebuild this portion of the fence so that a proper 4.5m x 4.5m DVT is created, to create a safer, more pedestrian-friendly environment. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 29, 2008, advising that they have no concerns with this application. Mr. Thomson addressed the Committee advising that one of the City's Enforcement Officers inspected his property and advised that he would have to comply with the City's Fence By- Law, particularly respecting the provision of a driveway visibility triangle. Mr. Thomson advised that they purchased this property 16 years ago and the fence was in existence when they bought the property. Further, in the 16 years that they have owned the property, they have never had a compliant from a neighbour about the fence. Mr. McColl stated that from the application and plan submitted, it appears that the fence is 21/2' in from the lot line. Mr. Thomson advised that the fence is located 21/2' from the sidewalk, and he had previously thought that his lot line was at the sidewalk. With respect to visibility Mr. Thomson advised that there is no sidewalk along Gleams Road and the sidewalk along Colony Drive is not used very often. With respect to the height of the fence, Mr. Thomson advised that he would be willing to lower the height of the fence by removing the lattice; however, to have a 3' high fence does not provide any protection. Also, he stores a boat in the rear yard and if the fence is reduced to 3' in height, he would have to build another, higher fence in the rear yard to screen the boat. He also advised that to relocate the fence 5' from the lot line would require him to remove the existing tree and relocate his boat pad. When asked about the condition of the fence, Mr. Thomson advised that he hired a fence contractor to remove the fencing and replace the posts, approximately 8 years ago. The fence boards were then re-installed, and the fence contractor never advised them that the location of the fence did not comply with the By-Law. The Chair advised that he could not support the application as submitted; however, he could support the location of the fence, subject to the owner providing a driveway visibility triangle, and reducing the height of the fence to 4' of board and 1' of lattice for and overall height of 5'. Mr. Head put forward a motion to approve this application subject to a driveway visibility triangle and a reduction in the height of the fence to 5', consisting of 4' of board and 1' of lattice. Mr. McColl stated that this is an unfortunate situation because the fence has existed for such a long time. However, the City does have a Fence By-Law. He also stated that it is extremely disappointing that a fence company would put up a fence against the by-law. Mr. McColl stated that he will reluctantly second Mr. Head's motion. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Sherry & John Thomson requesting legalization of a 1.52m (5 ft.) high fence located in the same position as the existing fence, being Om from the side lot line along Colony Drive rather than 1.52m (5'), on Part Lot 308, Registered Plan 1416, being Part 1, Reference Plan 58R-3891, 280 The Country Way, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall provide a 4.57 X15') driveway visibility triangle. 2. That the owner shall reduce the height of the board portion of the fence so that the fence shall consist of 1.21 m ~4') of board topped by 0.3m (1') of wooden lattice, for an overall fence height of 1.52m (5') COMMITTEE OF ADJUSTMENT 3 JANUARY 20, 2009 1. Submission No.: FN 2009-001 ~Cont'd~ It is the opinion of this Committee that: 1. The variances approved in this application are 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 20th day of January, 2009. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment