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HomeMy WebLinkAboutAdjustment - 2010-02-16 FNCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 16, 2010 MEMBERS PRESENT: Messrs A. Head, B. McColl and M. Hiscott OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. A. Head, 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, February 22, 2010, 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 2010-002 Applicant: Craig & Cindy Knight Property Location: 3 Trailwood Crescent Legal Description: Lot 272, Plan 1426 Appearances: In Support: C. Knight Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of a 1.4m (4.59') high fence located within 4.62m (15') of the side lot line abutting Rolling Meadows Drive rather than the permitted 0.9m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated February 8, 2010, advising that the subject property is located on the corner of Trailwood Crescent and Rolling Meadows Drive and is developed with a single detached dwelling. The property is designated as Low 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 maximum height of 1.4 metres (4.59 feet) whereas the maximum height permitted is 0.9 metres (3 feet). In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The maximum height of a fence in a side yard abutting a street is 0.9 metres (3 feet). The variance meets the intent of the Fence By-law and can be considered minor. The intent of the 0.9 metre (3 feet) height restriction for a fence located in a side yard abutting a street is to ensure that the fence does not impede traffic and pedestrian visibility. The height restriction is also intended to provide neighbourhood aesthetics and create pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape for the neighbourhood. COMMITTEE OF ADJUSTMENT Submission No.: FN 2010-002 (Cont'd) FEBRUARY 16, 2010 The height of the existing wood fence varies and is 1.4 metres at the highest point. The height of the fence is low enough that it does not create a negative pedestrian environment. The design of the fence and spacing of the fence boards allows for pedestrian visibility through the fence and does not impede pedestrian visibility. The height and scale of the existing fence is appropriate for the property. The owner has constructed a higher fence in the rear yard for privacy which complies with the Fence By-law. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Craig & Cindy Knight requesting legalization of a 1.4m (4.59') high fence located within 4.62m (15') of the side lot line abutting Rolling Meadows Drive rather than the permitted 0.9m (3') high fence, on Lot 272, Plan 1426, 3 Trailwood Crescent, Kitchener Ontario, BE APPROVED. It is the opinion of this Committee that: 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 Submission No.: FN 2010-003 Applicant: Disa and Kurt Hansen Property Location: 1 Covington Crescent Legal Description: Lot 163, Plan 1542 Appearances: In Support: J. von Westerholt Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of an existing cedar rail fence having a height of 1.5m (5') located Om from the side lot line abutting Newbury Drive rather than the permitted 0.91 m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated February 8, 2010, advising that the subject property is located on the corner of Covington Crescent and Newbury Drive and is developed with a single detached dwelling. The property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Three (R-3) 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 maximum height of 1.5 metres (4.9 feet) whereas the maximum height permitted is 0.9 metres (3 feet). In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. COMMITTEE OF ADJUSTMENT Submission No.: FN 2010-003 (Cont'd) FEBRUARY 16, 2010 The maximum height of a fence in a side yard abutting a street is 0.9 metres (3 feet). The variance meets the intent of the Fence By-law and can be considered minor. The intent of the 0.9 metre (3 feet) height restriction for a fence located in a side yard abutting a street is to ensure that the fence does not impede traffic and pedestrian visibility. The height restriction is also intended to provide neighbourhood aesthetics and create pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape for the neighbourhood. The existing wood fence is a post and rail design. The average height of the top rail of the existing wood fence is 0.98 metres and the average height of the top of the post is 1.24 metres. The owner has provided a sketch illustrating a typical section of the fence. The design and construction of the fence is appropriate for the property because pedestrians can see through and over the fence. There are many sections of the fence that meet the standards of the Fence By-law. Due to the topography of the property, in order to construct a level fence, some sections of the fence are taller than others. The highest sections of the fence are located at the rear of the property where the grade is the lowest. The maximum height of the top of highest post is 1.5 metres (4.9 feet). The sections of the fence within the corner visibility triangle are less than 0.9 metres (3 feet) in height and conform to the Fence By-law. The existing fence is attractive and is appropriate for the property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Disa and Kurt Hansen requesting legalization of an existing cedar rail fence having a height of 1.5m (5') located Om from the side lot line abutting Newbury Drive rather than the permitted 0.91 m (3') high fence, on Lot 163, Plan 1542, 1 Covington Crescent, Kitchener Ontario, BE APPROVED. It is the opinion of this Committee that: 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 Submission No.: FN 2010-004 Applicant: Glenn and Kathy Smith Property Location: 271 Newbury Drive Legal Description: Lot 23, Plan 1701 Appearances: In Support: J. &. L. Smith Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of an existing 1.8m (5.9') high wooden fence set back 0.89m (2.91') from the side lot line abutting Newbury Drive rather than the permitted 0.91 m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated February 5, 2010, advising that the subject property is located on a curve of Newbury COMMITTEE OF ADJUSTMENT Submission No.: FN 2010-004 (Cont'd) FEBRUARY 16, 2010 Drive and is considered a corner lot under the City's Zoning By-law. The property is developed with a single detached dwelling. The property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Four (R-4). Planning staff conducted a site inspection of the subject property on February 3, 2010. The applicant is requesting a variance from the Fence By-law to legalize an existing wooden corner lot fence with a height 1.8 metres and an exterior side yard setback of 0.89 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 intent of the 1.5 metre setback requirement is to maintain pedestrian and vehicular safety. In addition, the intent is to protect neighbourhood aesthetics by prohibiting fences from being built in close proximity to the exterior side lot line and public sidewalk. Staff notes that the neighbouring property to the rear, addressed as 119 Burnaby Crescent, contains a fence which is closer to the exterior side lot line than the subject fence. The Committee of Adjustment approved Fence Variance Application FN 2002-008 in June 2002 to allow the neighbouring fence with a height of 1.82 metres to be located 0.3 metres from the exterior side lot line, rather than the permitted 0.91 metres [in height]. Staff at that time recommended that the variance be approved since the fence could "be considered appropriate for the property as it will provide a secure and private yard area and will have no impact on either vehicular or pedestrian movements for the subject property or surrounding properties". Notwithstanding staff's previous recommendation for approval of a similar fence in the same neighbourhood, staff is now more conscious of the negative aesthetic implications of allowing fences in close proximity to the streetline. Such fences, especially when erected on multiple properties along a street, create a poor quality streetscape and an undesirable pedestrian experience. Staff is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. Given the height and location of the fence, staff does not support the variance since the intent of the By-law is not maintained. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no concerns with this application. Ms. J. Smith advised that this fence was erected 14 years ago when this street was adead- end. There are privacy issues for the rear yard, and three mature trees which would have to be removed if the fence is moved. Ms. L. Smith advised that the back yard neighbours have a fence which is as high as theirs and these neighbours received approval from the City for their fence. Ms. von Westerholt advised that Council is now taking a much firmer position of fences and they want a safe, aesthetically pleasing street environment for pedestrians. Mr. McColl noted that as the owners have owned this property for 14 years, they must have received the letter that the City sent to all owners of corner lots in January 2008. Ms. L. Smith responded that she does not know what her parents did with this letter or whether they received it. Mr. McColl stated that there should be some compatibility with fences within a community and he moved that the application be approved subject to the owners installing landscaping between the fence and the sidewalk. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott COMMITTEE OF ADJUSTMENT Submission No.: FN 2010-004 (Cont'd) FEBRUARY 16, 2010 That the application of Glenn and Kathy Smith requesting legalization of an existing 1.8m (5.9') high wooden fence set back 0.89m (2.91') from the side lot line abutting Newbury Drive rather than the required 1.5m (5'), on Lot 23, Plan 1701, 271 Newbury Drive, Kitchener Ontario, BE APPROVED, subject to the following condition: That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along Newbury Drive, and the owners shall maintain this landscaping. It is the opinion of this Committee that: 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 Submission No.: FN 2010-005 Applicant: Timothy and Shauna Boniface Property Location: 4 Burnaby Crescent Legal Description: Lot 22, Plan 1786 Appearances: In Support: T. Boniface Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of an existing wooden fence having a height of 1.82m - 1.88 m (6' - 6.16') located 0.91 m (3') from the side lot line abutting Newbury Drive rather than the permitted 0.91 m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated February 8, 2010, advising that the subject property, located at the corner of Burnaby Crescent and Newbury Drive, contains a single family dwelling, an in ground pool in the rear yard and an existing wood fence. The property is designated Low Rise Residential in the Official Plan and zoned Residential Three (R-3). The applicant is requesting a variance from the City of Kitchener Fence By-law to allow an existing fence abutting a street that varies in height from 1.82 metres (6 feet) to 1.88 metres (6.16 feet) to have a side yard setback of 0.91 metres (3 feet) rather than the required setback of 1.5 (5 feet) and 2.44 metres (8 feet), respectively. In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments. The intent of the 1.5 m setback is to maintain pedestrian and vehicular safety regarding visibility triangles and to protect neighbourhood aesthetics by prohibiting large fences from being built in close proximity to the exterior side lot line. The City is committed to providing pedestrian-friendly streets that contribute to a pleasant walking environment and attractive streetscape. On a site visit to the property on January 29th, 2010, Planning staff noted that while the fence is over its allowed height, it was attractive and an in ground pool is already installed in the backyard. An enclosure with a fence having a minimum height of 1.5 metres is required for the pool. Staff also note that the existing fence does not pose any visibility concerns with respect to adjacent driveways or roadways. As such, Planning Staff are of the opinion that the variance meets the general intent of the Fence By-law and is desirable for the appropriate development of the subject lands. COMMITTEE OF ADJUSTMENT Submission No.: FN 2010-005 (Cont'd) FEBRUARY 16, 2010 The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Timothy and Shauna Boniface requesting legalization of an existing wooden fence having a height of 1.82m - 1.88 m (6' - 6.16') located 0.91 m (3') from the side lot line abutting Newbury Drive rather than the required 1.5m (5')-2.44m (8'), on Lot 22, Plan 1786, 4 Burnaby Crescent, Kitchener Ontario, BE APPROVED, subject to the following condition: That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along Newbury Drive, and the owners shall maintain this landscaping. It is the opinion of this Committee that: 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 Submission No.: FN 2010-006 Applicant: Mark Toope & Nancy Yorke Property Location: 315 Activa Avenue Legal Description: Part Block 26, Registered Plan 58M-132, being Parts 77 & 136, Reference Plan 58R-12161 Appearances: In Support: M. Toope Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of an existing 1.87m (6.13') high fence located 0.36m (1.18') from the side lot line abutting David Bergey Drive rather than the permitted 0.91 m (3') high fence. The Committee considered the report of the Development and Technical Services Department, dated February 3, 2010, advising that the subject property is located on the corner of Activa Avenue and David Bergey Drive and is developed with a single detached dwelling. The property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Six (R-6) with Special Regulation 287R in the Zoning By-law 85-1. The applicant is requesting a variance from Section 630.5.1 (c) of the Fence By-law to legalize an existing wooden corner lot fence with a height of 1.87 metres to have an exterior side yard setback of 0.36 metres rather than the required 4.57 metres. In considering the requested variance to the City of Kitchener Fence By-law, Planning staff offer the following comments: Section 630.5.1 (c) of the City's Fence By-law states that a fence having a maximum height of 2.44 metres (8 feet) may be erected provided that it is set back a minimum of 4.57 metres (15 feet) from the exterior side lot line. The applicant is requesting a variance from the By-law as the existing wooden fence is 1.87 metres in height and is only set back 0.36 metres from the COMMITTEE OF ADJUSTMENT 10 FEBRUARY 16, 2010 Submission No.: FN 2010-006 (Cont'd exterior side lot line. The intent of the required minimum 4.57 metres setback is to avoid a walled walking environment on the public sidewalk along the property's exterior side lot line and to provide a pedestrian-friendly street that contributes to an aesthetically pleasing streetscape from an urban design perspective. Due to the height and the location of the fence, City staff are not in a position to support the requested variance as it does not correspond to the intent of the City's Fence By-law. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 4, 2010, advising that they have no concerns with this application. Mr. Toope advised that theirs is the only house on that side of the street and there is a retirement home behind them. They have a young family and 2 dogs and the fence provides them with security. He also advised that the fence was constructed prior to them buying the property 2 'h years ago. Mr. Toope advised that he did receive a letter from the City when Council offered an amnesty on corner lot fences but because of personal circumstances was not able to do anything at that time. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Mark Toope & Nancy Yorke requesting legalization of an existing 1.87m (6.13') high fence located 0.36m (1.18') from the side lot line abutting David Bergey Drive rather than the required 4.57m (15'), on Part Block 26, Registered Plan 58M-132, being Parts 77 & 136, Reference Plan 58R-12161, 315 Activa Avenue, Kitchener Ontario, BE APPROVED, subject to the following condition: That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along David Bergey Drive, and the owners shall maintain this landscaping. It is the opinion of this Committee that: 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 10:20 a.m. Dated at the City of Kitchener this 16th day of February, 2010. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment