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HomeMy WebLinkAboutAdjustment - 2009-08-18 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 18, 2009 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs D. Cybalski & B. McColl 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 9:37a.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, August 24, 2009, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS 1. Submission No.: FN 2009-008 Applicant: Alicia & Andrew Bennett Property Location: 365 Village Crescent Legal Description: Lot 76, Registered Plan 1122 Appearances: In Support: A. & A. Bennett Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a 2.44m (8') high fence to be located on the exterior side lot line (abutting Stoneybrook Drive) rather than the required set back of 4.57m (15') from the exterior side lot line. The Committee considered the report of the Development and Technical Services Department, dated July 6, 2009, advising that further to the meeting of July 21st, 2009, the owner has discussed changes to the proposed fence that may help support the proposed fence variance. The owner has agreed to revise his variance to request permission to construct a 1.82 metre (6 foot) high wooden fence to be located 0.6 metres (2 feet) from the side lot line abutting Stonybrook Drive rather than the required 1.5 metres (4.9 feet). The owner previously requested permission fora 2.44 metre high wooden fence to be located at the lot line rather than the required setback of 4.5 metres. The owner is aware that the hedge currently beside the sidewalk is on City property and he would require an encroachment agreement to legalize it. He has chosen to remove it instead. This will permit landscaping to be installed and maintained on the subject property within the 0.6 metre setback for the proposed fence. In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The proposed revised variance request meets the intent of the Fence by-law. The 1.5 metre setback requirement is required to maintain pedestrian and vehicular safety and to protect COMMITTEE OF ADJUSTMENT 22 JULY 21, 2009 1. Submission No.: FN 2009-008 (Cont'd~ neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line and public sidewalk. The 0.6 metre setback to the lot line will permit landscaping other than sod, and the additional sod area between the lot line and the sidewalk together, provides an adequate buffer between the fence and the public realm. As well, the proposed fence height has been reduced and is more in keeping with the pedestrian-friendly streetscape. With respect to neighbourhood aesthetics, the reduction of the fence height from 2.4 to 1.8 metres is more in keeping with apedestrian-friendly streetscape for the neighbourhood. Staff is of the opinion that the revised request is appropriate for the development of the property and the neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 10, 2009, advising that they have no concerns with this application. The Committee agreed to consider the amended application as submitted by the applicants and reported on by staff. With respect to the exisiting hedge on the property, Mr. Bennett advised that it had been planted by the previous owners and they are prepared to remove it as recommended by staff. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Alicia & Andrew Bennett requesting permission to construct a 1.82 metre (6 foot) high wooden fence to be located 0.6 metres (2 feet) from the side lot line abutting Stonybrook Drive, rather than the required 1.5m (4.9'), on Lot 76, Registered Plan 1122, 365 Village Crescent, Kitchener Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply only to the fence as shown on the revised site plan submitted to the Committee of Adjustment on Tuesday August 18, 2009. 2. That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, with all approved landscaping to be installed no later than September 30, 2010. 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 9:40 a.m. Dated at the City of Kitchener this 18th day of August, 2009. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment