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HomeMy WebLinkAboutAdjustment - 2009-05-19 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 19, 2009 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B, Cronkite, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, 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, June 15, 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.: FN 2009-002 Applicant: Tommy and Glory Zaja Property Location: 877 Thomas Slee Drive Legal Description: Part Lot 35, Registered Plan 58M-109 Appearances: In Support: T. & G. Zaja Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to erect a 1.82m (6') high fence in the front yard, at the left side of the house, rather than the permitted 0.91 m (3') high fence, which will be located 1.5m (4.92') from the front lot line. The Committee considered the report of the Development and Technical Services Department, dated May 4, 2009, advising that the subject property is located on Thomas Slee Drive at the intersection of Pinnacle Road and Thomas Slee Drive. The irregularly shaped parcel is currently being developed with a single detached dwelling. The subject property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential One (R-1) in By-law 85-1. The applicants are requesting relief from the City's Fence By-law, Section 630.4.1 to exceed the maximum height of a fence in the front yard from 0.91 m (3 ft) to 1.83m (6 ft). The applicants are requesting permission to construct a fence 1.5m from the front property line that is 1.82m (6 ft) in height in order to enclose the septic tank that will be required for the future dwelling that is currently under construction. In Chapter 630 in the Municipal Code (The City of Kitchener Fence By-Law), the "defined" front yard only allows a fence to be a maximum height of 0.91 m (3 ft), and must be set back 1.5 m from the property line. The applicants are proposing to construct a fence on the north east side of the yard to enclose the side yard that is 1.82m (6 ft) in height. The septic field, including the access hatch, will be located within the side yard and only 3.Om from the front property line. The applicants would like to construct the fence at a height of 1.82m (6 ft) to provide security for the septic system. Due to the triangular COMMITTEE OF ADJUSTMENT 6 MAY 19, 2009 1. Submission No.: FN 2009-002, (Cont'dl shape of the lot, the private amenity area for the residents is located within the side yard adjacent to the dwelling as the front and side yards are adjacent to the street line. The applicants have indicated that the fence will be set back 1.5m from the edge of the property and the adjacent sidewalk as required by the By-Law. The applicants are proposing to construct the fence using masonry posts and iron fencing, contributing to an attractive and inviting pedestrian environment. The proposed fence does not interfere with the Driveway Visibility Triangles (DVT) for the adjacent property and therefore there would be no impact to the adjacent landowner. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. Mr. Cronkite confirmed that, given the way this lot is set-out as compared to the abutting lot, there are no issues with the daylight corner. Mr. Zaja noted that there are 2 issues concerning the proposed fence. The first is the privacy issue as they can see the street when standing in their backyard and they are also concerned about the safety of their children while playing in the yard. The second has to do with their septic system equipment which is located in their side yard. The access hatch is only 3m from the street, and they want to capture it in their yard for safety reasons, in case the hatch is ever left open. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Tommy and Glory Zaja requesting permission to erect a 1.82m (6') high fence in the front yard, at the left side of the house, rather than the permitted 0.91 m (3') high fence, which will be located 1.5m (4.92') from the front lot line, on Part Lot 35, Registered Plan 58M-109, 877 Thomas Slee Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the fence shall be constructed of masonary posts and wrought iron rails. 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 2. Submission No.: FN 2009-003 Applicant: Simon and Ruth Adler Property Location: 202 Lydia Street Legal Description: Lot 1, Plan 284 Mr. B. McColl declared a pecuniary interest in this application, as Mr. Adler is advising him on some legal issues, and he did not participate in any discussion or voting with respect to this application. This application was considered by the remaining 2 members. Appearances: In Support: S. Adler Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 7 MAY 19, 2009 2. Submission No.: FN 2009-003. (Cont'dl The Committee was advised that the applicants are requesting permission fora 1.52m (5') high solid fence located up to the lot line along Cameron Avenue rather that the permitted 0.91 m (3') high fence and permission to provide a driveway visibility triangle having a depth of 1.9m (6.23') rather than the required 4.5m (14.76'). The Committee considered the report of the Development and Technical Services Department, dated May 11, 2009, advising that the subject property is located on Lydia Street at the intersection of Cameron Street North and Lydia Street. A single detached dwelling, constructed in approximately 1930, is situated on the subject property. 202 Lydia Street is designated low-rise residential in the Official Plan, and is zoned Residential Four (R-4) in By- law 85-1. The applicants have requested relief from the City's fence by-law, Section 630.5.1(d), to permit a fence with a height of 1.52 metres to encroach into the driveway visibility triangle, whereas a maximum fence height of 0.91 metres is permitted within the driveway visibility triangle. A Council resolution of December 10, 2007, with regards to corner lot fences, resulted in a city- wide exemption application process for corner lot fences not conforming to the setback requirements under Chapter 630 (fences) of the City of Kitchener Municipal Code. An application under this process was made by the owners of 202 Lydia Street to exempt the existing fence on the subject property. On June 30, 2008, conditional approval was granted for the portion of the fence located outside of the driveway visibility triangle. The condition that was placed on the approval was that the portion of the fence located within the driveway visibility was to be modified to be less than 0.91 metres in height or removed from the required visibility triangle. A deadline of August 31, 2008 was given for the property owner to bring the portion of the fence within the driveway visibility triangle into compliance with the setback requirement. Records indicate that By-law Enforcement visited the property on November 13, 2008 and noted that the fence still encroached into the driveway visibility triangle. A minor variance application was made on February 26, 2009, but was deemed "incomplete" by staff and returned on March 2, 2009. The application currently before the Committee was submitted in early April 2009. The application is proposing to modify the portion of the fence encroaching into the driveway visibility triangle to reduce the encroachment, but still accommodate the location of the garage and the applicants' rear yard amenity area. The resultant visibility triangle would need to maintain a length of 4.5 metres along Cameron Street North, but would have a depth of approximately 1.9 metres. The requirement of a driveway visibility triangle is a length along the streetline and depth into the property of 4.57 metres, measured from the intersection of the driveway with the streetline. The modified fence, as proposed, would extend from the corner of the existing garage to join with the existing fence along the property line at a point no less than 4.57 metres from the driveway. This proposed fence relocation is illustrated in the plan that accompanied the application form. The proposed relocation will require the removal of a section of an established hedge and the relocation of a number of plantings. Planning staff is of the opinion that the proposed relocation of the area of the fence within the driveway visibility triangle provides a compromise between accommodating the functionality of an older residential layout and associated amenity area with current traffic safety requirements. 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. Adler advised that this fence replaces apre-existing fence and is intended to provide privacy, and is required because there is a hot tub in the rear yard. He explained to the Committee how the modified driveway visibility triangle will be provided. He also advised that the hedge will be reduced to 3'. COMMITTEE OF ADJUSTMENT 8 MAY 19, 2009 2. Submission No.: FN 2009-003. (Cont'dl Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of Simon and Ruth Adler requesting permission for a fence having a height of 1.52 (5') to be located within the required driveway visibility triangle so that the driveway visibility triangle will have a length of 4.57m (14.76') along Cameron Street North and a depth of 1.9m (6.23') into the property, measured from the intersection of the existing driveway with the streetline to the corner of the existing attached garage, on Lot 1, Plan 284, 202 Lydia Street, Kitchener, Ontario, BE APPROVED. 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 10:10 a.m. Dated at the City of Kitchener this 19th day of May, 2009. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment