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HomeMy WebLinkAboutAdjustment - 2009-06-16 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 16, 2009 MEMBERS PRESENT: Messrs. M. Hiscott, B. McColl & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. D. Saunderson, Administrative Clerk and Ms. L. Garovat. 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 on Monday, June 29, 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 2009-004 Applicant: Micheal De Andrade & Luciene Sestrem Property Location: 133 Marlborough Avenue Legal Description: Lot 33, Plan 822 Appearances: In Support: L. Sestrem Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to erect a 1.8m (6') high fence to be located 0.6m (1.96') from the lot line along Admiral Road rather than the permitted 0.9m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated June 8, 2009, advising that the subject property contains one single family dwelling and is located at the intersection of Marlborough Avenue and Admiral Road in the west end of Kitchener. The Municipal Plan designation is Low Rise Residential and the zoning is Residential Four (R-4) in By-law 85-1. The applicant is requesting a variance from the City of Kitchener Fence By-law, Section 630.4.1 in order to allow for the construction of a fence with a height of 1.8 metres (6 feet) located 0.6 metres (2 feet) from the front lot line rather than the required maximum permitted height of 0.9 metre (3 feet). The owner wishes to locate an above ground pool within the fenced-in area. In considering the requested variances to the City of Kitchener Fence By-law, Planning staff offer the following comments. It is noted that though the front entrance to this building is located on Marlborough Ave, the front yard is actually located between the building and the lot line on Admiral Road, as this is the lot line abutting a street with the shortest measurement. The lot line along Marlborough Avenue is a side yard abutting a street. COMMITTEE OF ADJUSTMENT 10 JUNE 16, 2009 Submission No.: FN 2009-004 (Cont'd The variance meets the intent of the Fence By-law and can be considered minor. The intent of the 0.9 metre height restriction for a fence located in a front yard is to ensure that the fence does not impede traffic and pedestrian visibility. The applicant has indicated the 4.5 metre driveway visibility triangle (DVT) on his drawing and there will be no fence located inside the DVT. Also, the intent with respect to neighbourhood aesthetics is to provide pedestrian- friendly streets that contribute to a pleasant walking environment and attractive streetscape for the neighbourhood. The applicant is proposing to landscape with plant material in the DVT and the area between the fence and the lot line along Admiral Road. The variance is appropriate for the development and use of the land for the following reasons. Though the 1.8 metre-high fence is technically located in the "front yard: this area of the corner lot acts more appropriately as an outdoor amenity area. The fence will comply with the City's fencing requirements for swimming pool enclosures and permit the occupants to use the area for outdoor enjoyment. As noted above, the proposed fence is not located in the DVT with the adjacent property and therefore there will be no traffic concerns regarding visibility. Staff also notes that the applicant is proposing landscaping between the fence and the front lot line that would soften the visual impact of the fence on the streetscape and add aesthetic value to the neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2009, advising that they have no concerns with this application. Ms. Sestrum advised to the Committee that they would like to install a pool and the fence would be a requirement for the pool. She explained that they were building the pool for her four children two of whom have special needs and the pool would be an excellent form of therapy in the summer months. She also noted that she had gone through the staff report and was in agreement of their recommendations. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Micheal De Andrade & Luciene Sestrem requesting permission to erect a 1.8m (6') high fence to be located 0.6m (1.96') from the lot line along Admiral Road rather than the permitted 0.9m (3') high fence, on Lot 33, Plan 882, 133 Marlborough Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the front lot line and once approved shall install the said landscaping no later than September 30, 2009. 2. That the variance as approved in this application shall apply to the proposed fence and fence location only in accordance with the drawings submitted with Fence Variance Application FN 2009-004. 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 COMMITTEE OF ADJUSTMENT 11 JUNE 16, 2009 ADJOURNMENT On motion, the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 16th day of June, 2009. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment