[0:05] So, good evening everyone and welcome to [0:08] the July meeting of the Committee of [0:10] Adjustments. Before we begin, I will [0:13] call the meeting to order and I look for [0:15] a motion to move that the July 8th, 2026 [0:19] Committee of Adjustment meeting be [0:20] called to order at 7:00 p.m. Can I get a [0:23] motion to move that? [0:26] » So moved. [0:27] » Moved by Ms. Kohler, seconded by Mr. [0:30] Miller. [0:31] That's all right, I'll take you as a [0:32] second. [0:33] All in favor? [0:35] » Yes. [0:36] » That motion is carried. At this time, [0:41] I'd like to ask Mr. Roth to read our [0:43] territorial acknowledgement. [0:47] » We have gathered in Wilmot Township on [0:49] the traditional territory of the [0:51] neutral, the Anishinaabe, and the [0:53] Hodenausonee, and the Mississaugas [0:55] peoples. [0:56] We also want to acknowledge the [0:58] importance of the dish with one spoon [1:01] covenant, a peace agreement made between [1:04] indigenous nations before the Europeans [1:07] arrived. It characterizes our collective [1:10] responsibility to to each other and [1:13] Mother Earth. We should take only what [1:16] we need, leave enough for others, and [1:19] keep the dish clean. [1:21] By acknowledging this covenant and the [1:23] First Nations, the Métis, the Inuit [1:25] peoples, we are reminded of the [1:28] important connection to this land where [1:30] we live, learn, and work together as a [1:34] community. [1:37] » Thank you, Mr. Roth. [1:39] I would like to introduce the committee [1:41] this evening. With us is Mr. Miller, Ms. [1:44] Kohler, [1:46] Mr. Roth. [1:47] With us as well as Mr. Cameron Miller, [1:50] our planner for the Township. [1:52] My name is Tyler Bowman and I'm the [1:54] chair of uh, this committee. [1:56] We are an independent body appointed by [1:59] Welland Township Council. We have the [2:01] power to make minor changes, uh, to [2:04] existing zoning regulations and to [2:06] approve some changes to existing [2:08] non-conforming uses and to give consent. [2:12] Each applicant will be notified in [2:14] writing of the decision, [2:16] um, within 10 days. [2:19] With the decision will be instructions [2:21] of how [clears throat] the how it can be [2:22] appealed. [2:24] Any decisions made by this committee can [2:25] be appealed to the Ontario Land [2:27] Tribunal, who will then hold a meeting [2:30] and make a final decision. Only the [2:32] applicant and certain prescribed public [2:35] agencies can appeal the committee's [2:37] decision. [2:38] If the decision on a minor variance is [2:40] not appealed, it becomes final and [2:42] binding after 20 days from the date of [2:45] this meeting. [2:46] If the decision on a minor variance is [2:49] not appealed, it becomes final and [2:51] binding after 20 days from the date of [2:54] the decision is mailed. [2:57] The format for this evening will be as [2:59] follows. Uh, Mr. Miller will introduce [3:01] the applications. [3:03] Uh, the applicant will then be invited [3:05] to come forward and add any additional [3:07] information they choose. Following this, [3:10] anyone in the audience with will have [3:12] the opportunity to speak for or against [3:15] this application. [3:16] The committee members may then question [3:19] the applicant and the committee will [3:22] then make a decision. So, as Mr. Miller, [3:25] uh, previously noted with our virtual [3:27] conversation when I asked for applicants [3:29] from, uh, the community that would like [3:32] to speak or the applicate applicant [3:34] themselves, please raise your hand in [3:36] the online there and Mr. Miller will [3:39] bring you into the conversation, um, uh, [3:42] for that time. We will keep it to 7 [3:44] minutes maximum for each individual [3:46] through that time. [3:48] Uh, at which point we'll ask you to wrap [3:52] up and and we'll move on to the next [3:54] individual. [3:55] Uh [3:56] to start this meeting, I'd like to ask [3:58] are there any disclosures of pecuniary [4:00] interest under the Municipal Conflict of [4:02] Interest Act? [4:05] » No. [4:05] » Seeing none, uh at this time, I'd like [4:07] to our first quarter of business will be [4:10] to approve our minutes from our last [4:12] meeting. Can I get a motion to approve [4:14] those minutes? [4:17] Moved by Mr. Rose, seconded by Mr. [4:20] Kohler. [4:21] All in favor? [4:23] And those minutes, that motion is [4:24] carried. [4:26] And so, we'll move on to the applicant [4:28] applications tonight. Uh Mr. Miller, [4:30] could you please introduce our first [4:32] application? [4:33] » Uh yes, thank you very much, Mr. Chair. [4:35] Um the first application this evening is [4:37] A10/26 [4:39] and it's concerning 226 Shade Street in [4:41] New Hamburg and it's a variance to the [4:43] fence bylaw. [4:44] Uh so, this application's proposing to [4:46] increase the maximum allowable fence [4:48] height from 1.98 m to approximately 2.44 [4:52] m. And so, that's uh again, 6 ft 6 to uh [4:56] 8 ft. [4:57] Um so, the fence bylaw establishes a [4:59] maximum fence height um in in rear and [5:02] side yards of again, 6 ft 6 or 1.98 m. [5:05] Um through this process, there is an [5:07] opportunity to look at a review proposal [5:09] on a case-by-case basis. [5:12] Um which the fence bylaw allows for [5:14] minor variances uh or variances to the [5:16] fence bylaw. [5:18] Uh staff have previously supported [5:20] requests uh with an increase of up to 8 [5:22] ft on interior lot boundaries on the on [5:25] the condition that [5:26] uh abutting neighbors uh do not have any [5:28] concerns. And staff would suggest that [5:30] probably one of the main tests, uh if [5:32] not only one of the tests of a of [5:34] variance to the fence bylaw would be [5:37] uh what the uh residents who directly [5:39] share that fence feel about an increase [5:41] in height. So, ultimately, it's the [5:43] responsibility of of uh staff to make a [5:45] recommendation to the committee based on [5:47] the intent of the bylaw, which that is [5:49] uh uh what staff believe to be the [5:51] intent, and ultimately decisions made by [5:53] the committee. [5:54] Um [snorts] there was a a sketch [5:56] attached to the report uh which [5:58] illustrates the boundaries at which the [6:00] fence increase height was proposed, [6:02] which is essentially the entire [6:03] perimeter [6:04] um of the of the property. [6:07] At the time of publishing the report as [6:09] well as the provided deadline, uh which [6:11] was July the 2nd in which comments were [6:13] to be provided, we did not receive any [6:15] comments. [6:16] Um so the recommendation this evening is [6:18] is based on having received zero [6:21] comments. [6:22] Um but again, since publishing the [6:24] report, we've been made aware of some [6:25] concerns um [6:27] of of some surrounding neighbors [6:29] potentially on the potential increase um [6:32] height in in fence. Um [6:35] So again, as as noted in the report, um [6:38] staff's ability to support an increase [6:40] in height on particular areas of the [6:42] property would waver if if that adjacent [6:45] neighbor had issues. [6:47] Um [6:48] that is to say that staff would look at [6:50] potentially a section-by-section [6:53] increase in height if certain neighbors [6:55] um are in favor as this property abuts [6:59] um [6:59] you know, almost uh five or six [7:01] properties individually. So again, we [7:03] would look at it from a staff [7:04] perspective what individual neighbors [7:06] feel if they have concerns. Um [7:09] and um I'm happy to answer any [7:11] questions, but again, the recommend [7:12] recommendation provided tonight is to [7:14] approve of it for the entirety perimeter [7:16] cuz again, as time of publishing the [7:18] report, we did not receive um any any [7:21] concerns written in um in time for [7:24] publishing. [7:26] » Thank you, Mr. Miller. Uh I'm going to [7:28] ask if the applicant would like to speak [7:30] on behalf of this application, and if [7:32] so, [7:34] uh please bring them into the meeting. [7:36] » So I'll just ask um [7:38] the applicant, uh if if would like to [7:41] speak um that you use the raise hand [7:44] function, Uh [7:45] um [7:47] Okay. [7:49] Um sorry, if you could you just raise [7:50] your hand one more time cuz it un-raised [7:52] and there was two people with the same [7:54] name. Yep. [7:56] Okay, so I'm just going to bring you in [7:58] um here as a panelist and um as uh Mr. [8:02] Bowman has indicated, uh you'll have 7 [8:05] minutes to [8:06] um discuss and [8:09] I'll just ask that you unmute your mic [8:11] and if you could turn your video on if [8:13] it's available. [8:15] » Uh [8:16] can you hear us okay? [8:17] » We can hear you, but we cannot see you. [8:19] » Uh I'm trying to figure out how to start [8:22] video. Sorry, just give us a second. [8:24] » That's okay. [8:25] » Can you hear us now? [8:26] » Yep, now we can see the three of you. [8:28] Yep. [8:29] » Okay. [8:29] » Hi, good evening everyone and thank you [8:31] for taking um the time to join us today. [8:35] Um [8:36] uh my name's Kumari Singh and um I'm a [8:40] family physician licensed in both Canada [8:42] and the United States. My husband Aman [8:44] and um and I are raising three daughters [8:48] um ranging age from two to six [8:51] and we are [8:52] and we are in the process of relocating [8:54] from the Chicago area to New Hamburg as [8:58] we embrace a quieter, family-oriented [9:00] lifestyle and a place where we can see [9:03] our children growing up um for many [9:06] years to come. [9:07] Uh we sincerely appreciate everyone [9:09] taking the time to join us this evening. [9:12] Uh being good neighbors is very [9:13] important to us and we wanted to have an [9:16] open conversation before our committee [9:18] hearing. [9:19] Um Our goal tonight is simply to explain [9:22] why we're requesting this variance, [9:24] answer any questions that you may have [9:26] and hear any feedback or any concerns. [9:29] Um [9:30] That's my daughter in the background if [9:32] you're hearing that, so I apologize. Let [9:34] me know if it's hard to focus. [9:37] Um [9:39] So, we're requesting a minor variance to [9:41] allow an additional 17 in of fence [9:44] height beyond the permitted 6 ft 6 in. [9:47] Our request is driven by the unique [9:49] characteristics of our property and not [9:51] really and not by a desire to build an [9:54] unusually tall fence. Um our home is [9:57] situated on a significant slope. Um [9:59] because of the elevation changes, a [10:01] fence built to the permitted height does [10:03] not provide the same level of privacy or [10:06] security that it would on a level lot. [10:09] Um even with a compliant fence, our [10:12] backyard, including our pool, gazebo, [10:14] and family recreation area remains [10:17] clearly visible to the surrounding [10:19] properties. Um an additional 17 in would [10:22] simply compensate for the topography and [10:25] provide a more consistent level of [10:27] privacy and a greater sense of security [10:30] throughout the yard. [10:32] Privacy and security are equally [10:34] important to our family. Um our backyard [10:37] is where we um spend most of our time [10:40] together. We have the pool, the gazebo, [10:43] the outdoor living space, and [10:45] occasionally we do spend time in private [10:47] religious meditation and prayer. We [10:49] wanted to create a space where our [10:50] family can relax, spend time together, [10:52] enjoy these moments without feeling [10:54] exposed. Um I am often the only adult in [10:58] our home while my husband's away for [11:00] work. Our property is quite large and [11:03] the backyard and surrounding areas have [11:05] limited lighting at night. And we ex- [11:07] we've experienced um theft from our [11:10] building materials during construction. [11:13] Um while the slope is the primary reason [11:15] for this variance, these experiences [11:18] have reinforced the importance of [11:19] creating a backyard where our family [11:21] feels both private and secure. The [11:24] proposed fence will be professionally [11:26] constructed, well maintained, and [11:28] located entirely on our property. It [11:31] will not affect traffic visibility, [11:33] public safety, or access to neighboring [11:36] properties. We have also received letter [11:38] letters of support from three immediate [11:41] neighboring property owners who share a [11:43] fence line with our property. We truly [11:45] appreciate their support and willingness [11:48] to take time to understand our request. [11:51] Um and we understand that not everyone [11:53] may share the same opinion and we do [11:55] respect that. Our hope is that everyone [11:58] will consider the unique topography of [12:00] our property and the limited impact of [12:02] this modest 17-in inch variance. We [12:05] believe that it is a reasonable solution [12:08] that allows our family to safely and [12:10] privately enjoy our home while [12:12] continuing to be respectful to the [12:14] neighbors. [12:15] Um thank you again for taking the time [12:17] to join us this evening. We truly [12:19] appreciate your willingness to listen. [12:21] We're happy to answer any questions or [12:22] discuss any concerns. We hope that this [12:25] is the beginning of many positive [12:27] conversations and lasting friendship [12:29] with our neighbors. We look forward to [12:31] being a part community for many, many [12:33] years to come. [12:37] » Thank you. [12:37] » Thank you. [12:38] » Yes, I thank you. I appreciate the [12:41] conversation. Our The next step here is [12:44] to invite other [12:46] members of the community that would like [12:48] to speak for or against and then we'll [12:49] come back if we have any questions to [12:51] yourselves, but I appreciate that. [12:53] » Unless there's any committee members [12:55] that have questions at at this time. [12:58] » It might be more effective in this form. [13:00] I appreciate that, Mr. Mayor. [13:03] Other questions from the committee? [13:05] Yeah, go ahead, Mr. Ruth. [13:06] » Um yes, uh thank you, Mr. Chair. Um I do [13:10] have one question. Um obviously um [13:13] uh having visited the site, I would [13:17] assume uh a question to the uh to the [13:20] owners [13:21] that about 90% of the fence is already [13:24] constructed. Am I correct in that? [13:27] » Uh [13:28] it is uh 6.6 and 90% 6.6 I can say. It's [13:33] not 90% I would say 80% 6.6 is done. [13:37] » Yeah, about that. Yeah, you'll have to [13:39] excuse my math. I'm just guessing at it. [13:41] » [laughter] [13:42] » But but but but the great majority the [13:44] biggest majority of the fence is already [13:46] constructed. Am I correct in [13:48] » It's not It's not [13:50] It's 2 2 6.6 6.6. [13:53] » Yeah, so it's under the It's basically [13:56] within the compliance limit. [13:59] » Could you repeat that, please? [14:00] » So So I'm saying like the fence is [14:02] complete about 80% but the height [14:05] 6 in. We are just waiting for the [14:08] committee's decision before we go [14:10] further. [14:11] » Yes, I'm aware of that. Okay, thank you. [14:14] » Mhm. [14:16] » Are there any other questions for the [14:18] applicant? [14:20] Not at this time. Okay, thank you. [14:23] Are there others Mr. Miller that would [14:25] like to speak for or against the [14:26] application? [14:27] » [clears throat] [14:27] » So I would I would ask at this time [14:30] people use the raise hand function. So [14:34] Mr. Funk has raised their hand. So I [14:38] will go in order [14:39] of hands that have been raised and I [14:41] will just make note of people that have [14:42] spoken. [14:44] So that we aren't promoting [14:47] temporarily I'm going to um [14:50] change the [14:52] um applicant as a simply an attendee. [14:56] Um just one second, please. [14:59] » While Mr. Miller is doing that, if [15:01] you're speaking [15:03] to the application, please introduce [15:05] yourself, your name, and [clears throat] [15:07] your address. On this one is important. [15:25] » Okay. [15:26] Um we can see you [15:28] Mr. Funk and Mrs. Funk presumably um [15:32] in the meeting here. Um so again I'm [15:34] sorry I'll let Tyler take over there. [15:36] » No, that's all right. Welcome. [15:39] I'm going to give you 7 minutes to [15:41] speak. If you need that full time, [15:43] please take it. If not, we'll we'll go [15:45] forward. But you can just introduce [15:47] yourself, your full name, and the [15:48] address for the record. That'd be great. [15:50] And then please go ahead. [15:53] » Thanks. Can everybody hear me? [15:55] Okay, thank you. [15:57] Yeah, so so my name is Steve Funk. My [15:59] wife Tammy and I we live at 216 Shade [16:02] Street. So we are [16:04] immediately abutting the [16:07] neighbors to the to the west of us to [16:09] 226. [16:11] And we share a common boundary of about [16:14] 525 [16:16] feet approximately. [16:19] Um and so [16:20] and [16:22] first of all [16:23] Kamari and Aman this is the first time [16:25] I'm seeing you. So [16:27] welcome to the neighborhood. [16:28] And [16:30] unfortunately we're seeing under these [16:31] circumstances but [16:33] but I I just want to make it clear that [16:35] we do not support this. [16:39] And we object to an increase in the [16:42] bylaw. [16:43] We respect the bylaw. We respect the [16:45] right of anybody to build a fence [16:47] as long as you keep it on your side of [16:49] the line. Follow the rules. You know, [16:52] build a nice fence. [16:54] There's nothing we can do about that. [16:56] Historically [16:58] this neighborhood has not had fences of [17:00] this nature. There's a few fences in the [17:02] neighborhood but [17:03] none of them are this height or scale. [17:06] I don't want to argue too much back and [17:09] forth but but there's a an awful lot of [17:12] the fence that's already constructed [17:13] that is above the 6 and 1/2 feet. [17:17] Some some sections even go close to 9 [17:20] ft. Uh, [17:21] that's that that's according to my [17:23] measurements uh [17:24] uh how I reach and my tape measure [17:27] reaches. [17:28] So, that that's neither here nor there [17:30] that but to Mr. Roth's question, you [17:33] know, that is a reality of what has [17:35] happened here. [17:36] So, [17:37] uh we [17:39] in in short, I I don't think we have to [17:41] justify make arguments as to why we do [17:44] not want a large fence, a high fence. [17:47] Uh, the bylaws there for a reason. [17:51] Uh, [17:52] I was not around when the bylaw [17:53] [clears throat] was created. I don't [17:54] know if anybody in this meeting was. Uh, [17:57] but it's it I would expect it would be [17:59] to preserve general [18:02] neighborhood appearances, [18:04] uh aesthetics, uh you know, just general [18:07] community sightlines. Uh, [18:10] a fence of this nature especially [18:12] uh [18:14] in the location that it is it it [18:16] basically uh it divides a lot of the [18:20] neighborhood from each other. [18:22] And [18:23] and so I I don't uh I don't support we [18:26] don't support the higher fence. [18:28] Uh, in in the same way that uh [18:31] you know, Raj Kumari and money you're [18:33] you're entitled to do the application [18:35] for [18:36] a an increased height. [18:38] We are exercising our right to indicate [18:41] we do not want it. [18:43] That that's that's my submission. [18:46] » Thank you, Mr. Funk. [18:48] Um are there any questions for for him [18:51] from the committee [18:53] prior to [18:54] Mr. Roth? [18:55] » Uh, thank you, Mr. Chair. Uh, to Mr. [18:58] Funk and and visiting that neighborhood [19:00] and and knowing the neighborhood uh [19:03] fairly well, uh you did make the comment [19:06] that um [19:08] in my observation the neighborhood is [19:10] generally free of of fencing uh you know [19:15] for a very large area. Am I correct in [19:18] that assumption? [19:19] » You are. The there is the neighbors [19:23] 210, I think 210 Shade Street [19:27] our house in the and the applicant's [19:30] house is fairly set back from the road [19:32] and there are houses close to Shade [19:35] Street and so right in front of my house [19:37] there there are two neighborhood uh [19:40] the two neighbors that have fences but [19:42] they they are six and six feet six and a [19:44] half feet high. [19:45] Um and so they do there are a few fences [19:48] in the area. [19:49] » Okay. Thank you. [19:52] » Okay. [19:54] Mr. Miller, are there other [19:56] individuals that would like to speak? [19:58] Thank you, Mr. Funk for your time. [20:01] » Thank you. [20:02] » So, I will proceed with [20:04] uh uh [20:06] change Mr. Funk to an attendee again and [20:09] we will move on to the next person. [20:12] Uh which which is in line um just in way [20:16] of my screen so I apologize if you feel [20:18] like you put your hand up sooner than [20:19] someone else but we'll go the next [20:21] person will be Mr. Thrower. [20:23] Um so I will promote you to a panelist [20:26] and same instructions would apply. [20:28] » Yeah. Thank you. Please just full name [20:31] and your address and once you're in [20:36] we'll give you seven minutes. [20:44] You are unmuted. If you're able to turn [20:47] your camera on that would be appreciated [20:49] as well. [20:50] Welcome. [20:52] » All right. There we go. [20:54] Okay. Should be good now. [20:56] » Yep. We can see you. [20:58] » My name is Dugan Thrower. [21:00] Married with Christina Thrower as well. [21:01] We've lived here for 18 years. [21:03] Brocksway. [21:05] Um we live at 234 Shade Shade Street [21:08] which is east of uh the property here at [21:10] 226. [21:12] Um, I'm here to oppose the request [21:15] um, for the variance increase. [21:18] Um, [21:19] I have a 100-ft fence that they're [21:21] constructing against my driveway. [21:23] Raising the fence career uh [21:26] creates severe practical issues for my [21:28] residence. Winter snow drift, [21:31] the wall like the way the snow comes in, [21:33] it blows. I've nowhere to get rid of it [21:35] when it's an 8-ft fence. [21:38] Um, [21:39] on hindsight, it adds child safety to my [21:42] matter. So, I got to push all the snow [21:43] to the edge. [21:44] K- creates drifts [21:46] and higher already. And with our street [21:48] being speed deal or uh [21:52] with traffic and being the speed that it [21:54] is and no sidewalks, [21:57] I'm concerned with the child safety with [21:58] the kids doing walking, biking, bus [22:00] stops, all that fun stuff. [22:04] Um, [22:05] so drivers usually can't see the kids [22:06] when it comes to the high drifts. I know [22:08] like certain parts in town you can see [22:10] cuz they have sidewalks. [22:12] We're a different entity out here on [22:13] Shade Street. [22:15] Um, [22:16] I lived here, I moved here because I [22:18] felt like it was a country feel. [22:20] A massive 8-ft fence completely disrupts [22:23] our open rural landscape in the [22:25] neighborhood, trading our welcome [22:26] country field to an aggressive closed-in [22:28] barrier. [22:29] If privacy was a main concern here, [22:32] it is already being looked after. The [22:33] rear and side of my property has large [22:36] trees that go beyond the height of [22:37] that's requested. [22:40] Which already provide a beautiful [22:41] privacy without compromising safety in [22:43] turn. I ask that you protect the [22:45] community character and the safety of [22:46] our children [22:49] by uh denying this variance. Thank you. [22:55] » Thank you. [22:56] Um, are there any questions for this [22:59] » [clears throat] [22:59] » From the committee? [23:02] See Say none. Um thank you for joining [23:05] us. Uh we will uh move to the next [23:09] individual that would like to speak. Um [23:11] » [clears throat] [23:12] » But appreciate your time. [23:16] » Okay, and the uh next uh person to be [23:19] promoted as a panelist is uh [23:22] Jasmine Clark. [23:27] » Just a quick reminder to introduce [23:29] yourself, your name, and your address. [23:33] Uh and we'll have 7 minutes starting [23:35] once you're in. [23:36] Um you're currently uh on mute, and [23:40] [clears throat] if you can turn your [23:40] camera on, that'd be appreciated. [23:51] Are you able to take yourself off mute? [23:58] » So, uh in the bottom left-hand corner, [24:00] there'll be a microphone symbol and a [24:03] video camera symbol. You [24:05] You've unmuted yourself now. [24:07] Um [24:08] » Yeah. [24:09] » Okay, we can hear you, but we cannot see [24:11] you. So, if you're able to turn your [24:12] video on, that'd be appreciated. [24:14] » Okay, so now how do I turn on the video? [24:17] Start video. [24:18] » Yep, there'll be a video camera symbol [24:20] on the bottom left. Um there you are. [24:23] Okay, great. [24:25] » Um I'm just I'm just getting in cuz I've [24:27] met Raj today and I met um her [24:29] son-in-law. And uh I have I actually [24:32] walked straight up to the house. [24:35] And um [24:37] I can see where they're going from. [24:38] Their backyard, still even with that [24:40] fence right now, is not overly private. [24:43] Um I'm not sure if it's Mr. Funk that's [24:45] on the side of them, but yeah, he can [24:47] definitely see right into their [24:48] backyard. So, [24:50] um I'm not saying that the whole fence [24:52] has to go 8 ft, but um like definitely [24:55] like they spoke like maybe certain [24:56] areas. [24:59] They could bring it up to 8 ft. [25:06] » And sorry, just for the record, where [25:07] are you located? [25:09] » Thank you. [25:09] » I'm at 1099 Pearl Street, just around [25:12] the corner, actually. [25:14] » Thank you. [25:17] » Sorry. [25:18] » [clears throat] [25:19] » That's okay. [25:19] » No, I appreciate it. [25:21] » Um yeah, they seem like very delightful [25:23] people. I can understand they have three [25:25] small girls. I can understand why they [25:26] want the privacy. I also understand [25:29] where they're coming from whenever they [25:30] say that there's [25:32] there are many yards that back right [25:34] onto their yard, so they're giving them [25:35] privacy also from them [25:38] from doing what they say that they like [25:40] to do also in their spare time. [25:42] So, yeah, I'm not in disagreement with [25:45] it. I feel they should be allowed to do [25:47] it or at least like they mentioned [25:50] certain areas. [25:54] » Thank you. Are there any questions for [25:57] Mrs. Clark? [26:01] Seeing none, thank you again for your [26:02] time and and the support. We'll move on [26:05] to [26:07] any Is it I guess is there others that [26:08] would like to speak Mr. Miller? [26:11] » Uh yes, the [26:14] next person would be [26:16] It's just listed as Fred here. [26:18] So, I'll just be promoting you in a [26:20] brief second. [26:28] Okay, Fred has declined to be promoted [26:32] as a panelist. I will just do it one [26:34] more time in case it was an accident [26:36] because you've have your hand raised. If [26:38] you do not wish to be added, that's it's [26:39] no problem. You can just decline it once [26:41] more. [26:46] And they've are now joining. [26:53] » Welcome, Fred. Again, uh you are on [26:55] mute. Uh please introduce yourself with [26:58] your full name and your the address you [27:00] reside at. [27:01] Uh and once you're going there, we will [27:04] get the time started. If you can turn [27:07] your camera on, please please do. That [27:09] would be appreciated. [27:13] » I don't know what this is. [27:15] Do we press the left button? [27:17] » Yeah, there should be a a video camera [27:19] symbol on the bottom left-hand corner. [27:22] » We don't see it. [27:24] We don't see it. [27:25] » If not, we Yeah, we can hear you. So. [27:28] » Okay. [27:28] » Okay. [27:29] Uh my name's Fred Gates. Uh we've lived [27:31] here since 2005. [27:34] We live at 231 Perth. So, I'm the [27:37] neighbor in the rear of the fence. [27:41] Uh I get the long uh uh [27:44] length of the back of the fence. And we [27:47] object to the the height of the fence. [27:50] Uh [27:52] basically, we agree with Mr. Funkin that [27:55] we're seeing kind of the same uh as far [27:58] as the fence line is concerned. We've [28:01] been here, like I said, uh through no [28:03] fences at all and then the chain-link [28:05] fence prior to this [28:07] uh fence. And we are we were we moved [28:10] here because of the open area. There is [28:14] a chain-link fence to the uh north of [28:17] us, but other than that, it's an open [28:18] area to the railroad [28:20] uh area in the back. And then to the [28:23] front in the the uh east, almost all the [28:26] way to the river. [28:28] Uh we appreciate the idea that they need [28:30] to have privacy. But at the other side [28:34] of that is if you were up here looking [28:36] what I'm looking at right now, I see a [28:38] great big wall of wood. Um and so, I [28:41] don't see any reason why it needs to be [28:43] higher than the [28:45] the maximum allowed by the by the board, [28:48] I guess I'd say it that [28:50] Um we also are on the [28:53] uh the edge of the survey line, and so [28:56] the concrete that was poured for the [28:58] fencing is also [29:01] um in our yard uh and or is higher than [29:05] our yard itself. So, something needs to [29:08] be done with the ability for that to be [29:10] uh taken down, not covered up, because [29:13] we we all have problems with the [29:15] drainage here from the railroad crossing [29:18] down. Uh so um [29:20] um concerned about that as well, but the [29:22] fence line uh [29:24] I would object to that. So, that's what [29:28] That's that's it. [29:30] » Thank you. [29:32] Are there any questions prior to moving [29:35] to the next individual? [29:39] Seeing none, thank [clears throat] you [29:41] uh for your conversation there, uh Mr. [29:43] Miller. Are there others that are [29:45] interested in speaking for or against? [29:46] » Yep. [29:47] » Yep. [29:48] » Just um 1 second. [29:52] Uh next individual is uh listed here as [29:54] Bart. [30:02] » I do recognize that uh this is a little [30:04] bit repetitive, but just a reminder to [30:07] uh state your name and your address. Uh [30:10] and once you're in uh [30:13] if your camera can be turned on, that [30:14] would be appreciated. And at the moment [30:18] uh you're muted. There we go. [30:21] Thank you and welcome. [30:26] » Um yes, my name is Bart Van Handel. I [30:29] live [30:31] at uh 241 Shade Street. [30:34] So, we are across the street on Shade [30:38] Street from 226 Shade. And I think [30:42] probably one house [30:45] to the west. [30:47] Uh so not directly across, but but um [30:51] almost. Um [30:53] so I guess [30:58] Yeah. [30:59] We had moved here in uh 1982. In fact, [31:03] the Shade Street was even uh still [31:05] gravel at that point. [31:07] Um and yeah, we moved here um for [31:11] it being having a rural um [31:14] I guess village town feel. [31:17] Um [31:19] very few fences um [31:22] here. [31:24] Um [31:26] So I guess the the the first impression [31:29] that I get when [31:30] when I look at the [31:33] the stone wall on or the concrete wall [31:35] on Shade Street and and the steel gates [31:38] is and then the the and the [31:41] well, even the 6-ft 6 fence [31:44] all around I guess the long driveway [31:46] back to the I think the property's in [31:48] L-shape. Anyway, it it looks like like a [31:51] gated community and which is [31:54] far from what um [31:57] what uh New Hamburg has been about. [32:01] Um [32:03] So [32:05] yeah, it's it just changes the [32:08] character of the neighborhood in [32:11] general. [32:13] Um I do sympathize with Dugan. Um [32:18] especially because he has I think he has [32:20] 60-ft frontage, but [32:23] um [32:25] Yes, I [32:27] having been here this many years um [32:30] the [32:31] the prevailing winds are from the west [32:33] and uh that fence will [32:36] lock in snow for him and so has quite a [32:38] bit of snow to move [32:40] move around and and and so on. Anyway, [32:44] and then if you move it from 6 ft 6 to 8 [32:46] ft [32:48] yeah, it just [32:50] to me if if I were in his shoes, it [32:52] would feel really boxed in. [32:55] So [32:56] um [32:58] Yes. Now, having said that [33:01] absolutely we welcome new people to the [33:03] neighborhood and um we're [laughter] [33:06] we're very happy to have have new [33:08] neighbors and whatnot. Any of the [33:11] neighbors that were in the house we all [33:12] that particular house we've always had [33:14] very friendly relations with and we hope [33:16] that will be the situation. [33:19] Um I can [33:21] uh appreciate that um [33:25] you know, they're in Chicago and [33:27] um but in the Chicago area perhaps [33:31] fencing and [33:33] gating is maybe more common there, but [33:36] this is a a very friendly and very safe [33:39] community. [33:40] Um people look out look out for each [33:43] other, so [33:44] um [33:46] Anyway, I would I would like to welcome [33:48] the the neighbors um [33:50] the new neighbors to 226 Shade Street, [33:52] but [33:54] I guess I've just expressed how this I [33:57] guess impacts us um and the impression [33:59] it leaves. So, that's that's it. [34:03] » Thank you. [34:04] Uh any questions [34:07] from the committee? [clears throat] [34:10] Did I unmute myself? Any questions from [34:12] the committee? No. [34:14] Okay. Thank you again for your time. [34:16] Uh we will move to the next individual [34:19] that's interested in [34:21] speaking. [34:26] » Uh as of right now there is isn't anyone [34:29] with their [34:30] hands raised. I would um [34:32] Mr. Mackie has just raised his hand, so [34:34] I will [34:36] um [34:36] promote and then the applicant has also [34:39] raised, but after all the people in the [34:41] audience, virtual audience have spoken, [34:43] we'll give the applicant [34:45] another opportunity. [34:46] Yeah. [34:47] Okay, Mr. Mackie's been promoted. Just [34:50] 1 second. [34:58] » Just again, if you can [35:00] turn your camera on and [35:03] unmute, you got it. 7 minutes. Thank [35:05] you. [35:07] » I [35:08] I just figured out how to do that. [35:10] Literally the second. [35:13] Um [35:15] Right off the bat, I would I'd be more [35:17] than happy to welcome [35:19] our new neighbors. They're fantastic. [35:21] I've met all of them. [35:22] Um [35:24] I I think I would start my comments with [35:27] the regret that all of the fencing and [35:30] the concrete gates and things at the at [35:32] the front of the [35:34] of the property [35:37] got installed before there was any [35:39] discussion whatsoever, be it with the [35:41] township. I don't know if there was a [35:43] need for a building permit for something [35:45] like that or not or or if it could have [35:47] if [35:48] conversations with the township and the [35:50] and the neighborhood [35:52] could have would have taken place. [35:55] Um [35:56] just to have this discussion that we're [35:58] having now [36:00] prior to [36:02] the massively costly installation of of [36:06] what is now physically there and I don't [36:09] anticipate it's going to be easy to to [36:11] change that. [36:13] Had it if I had my [36:15] » If I may, can you just tell us your [36:18] address just to get some context? [36:20] » I'm sorry. Paul Mackie, 182 [36:23] Shade Street. [36:23] » Okay, thank you. [36:25] Continue. [36:26] » I got all excited about fact that I had [36:27] video and audio. [36:31] Um, so yeah, I'm just down the street. [36:33] It the this to be honest it [36:36] where I am relative to this [36:38] uh, [36:39] it doesn't impact me very much. But I do [36:41] recognize that that there's a bit of a [36:43] dilemma with with the whole situation. [36:47] And [36:49] as I say [36:50] if if I'm I'm looking at the picture [36:52] here of the of the property [36:55] if I were to have had conversations [36:58] with within the township situation like [37:01] we're doing right now [37:03] I would have I would have made a [37:05] recommendation to [37:08] essentially go ahead with a [37:10] personally a 6-ft fence, but with the [37:12] gate back at the the the neighbor's [37:15] property line which would put it I don't [37:17] know 80 ft back [37:19] from the from the road. Right now we're [37:21] about 20 whatever the the minimum is I [37:23] guess 20 ft from the road. [37:26] That seems to be to me that's the [37:29] biggest dilemma. Is the imposition [37:32] of that section of fence on that [37:35] neighbor. [37:36] Uh, all of the rest of them there is [37:38] distance between. It's [37:39] it is a visibility issue. [37:42] Um, a visual appeal or not appeal to [37:45] people's [37:47] opinion about what they want to look at. [37:49] But [37:51] was there any discussion with the [37:52] township about where [37:54] they chose to place that concrete the [37:57] gates? [37:58] I guess is my question to to you to [38:00] Tyler and [38:01] » So if I I may um [38:04] the the construction of the fence is not [38:08] something that we can we know Mr. Miller [38:11] you can add to it on its [38:13] appropriateness. Um, what we are [38:15] considering is the change in height the [38:17] allowance of a 6 sorry 1.98 m fence to a [38:21] 2.44. [38:23] The fact that the fence that is there [38:26] may still exist even without the [38:29] variance. [38:30] So that would be something that Mr. [38:33] Miller if you want to comment on you can [38:35] but you don't need to. [38:36] » Um [38:37] Yeah, thank you Mr. Chair. The only [38:39] thing I would add is [38:42] the property owner [38:44] did confirm [38:45] where a 6 foot high gate could be [38:49] constructed. [38:50] And that is 7.6 meters about 25 feet [38:53] back from the front property line. [38:56] Um because it can't exceed [38:59] um basically [39:01] .76 meters which is about 2 and 1/2 feet [39:03] in a front yard. So beyond that distance [39:06] it can exceed [39:08] and and be limited at 6.6. What was [39:10] communicated um there was an opportunity [39:13] to seek an increase in height through [39:15] this through this process. Um [39:19] there is public notification that's [39:20] given obviously through this process [39:22] which is how majority of people have [39:24] come to find out about what is going on. [39:27] Um however it's it's generally strongly [39:29] recommended that conversations happen [39:31] beforehand [39:32] before filing application [39:34] and that goes with anything. [39:37] » Thank you. [39:37] » Anyway, [clears throat] that that would [39:38] that would be my that would those would [39:40] be my my comments and my thoughts. I [39:44] I regret that those conversations didn't [39:46] occur [39:47] because it might have saved a bit of [39:49] this [39:50] this grief that's taking place. [39:53] Um [39:54] either way given the choice of accepting [39:57] or or not approving or agreeing with the [40:00] increase to the the height [40:02] my thought would be I I would prefer it [40:05] stays lower. That would if I had to vote [40:07] on it I would vote to the stay lower. [40:09] And as I say I've met the neighbors [40:12] they're they're fantastic. I I don't [40:13] want any of this to impact the [40:15] neighborhood opinion of each other. [40:18] Um [40:20] let's let's sort this out somehow and uh [40:23] get a consensus and keep things keep [40:26] things happy. [40:28] » Thank you, Mr. Mackey. Are there any [40:30] questions for [40:32] from the committee? No. [40:34] Okay, I appreciate your time. Uh Mr. [40:36] Miller, are there other individuals from [40:39] the community that would like to comment [40:40] or are we going back to the applicant? [40:44] » Um as of right now, there's no one has [40:45] their hand raised. I'd give one last [40:47] opportunity as I know that um [40:50] and I'm not going to I'm not going to [40:51] name addresses or anything, but there [40:53] there's a few properties one property [40:56] that does abut a section of this fence [40:58] and uh they are present at the meeting [41:00] this evening. [41:01] Um [41:02] if they do wish to comment either one [41:04] way or the other, they've they've gone [41:05] ahead and raised their hand. I [41:06] appreciate that, so I will add them to [41:08] the meeting just so [41:09] um we have feedback from almost all [41:12] surrounding properties. There is um I [41:15] did not hear back from 215 Perth Street. [41:18] But um [41:19] this I'm about to promote um [41:21] Carrie just 1 second. [41:23] » So again, please just intro- introduce [41:25] yourself, your name, and your the [41:27] address, uh and I will have 7 minutes [41:30] for you to speak. [41:33] Welcome. [41:35] » Hi, everybody. I'm Carrie Sounthones. I [41:37] live at 223 Perth Street. So, just [41:40] around the corner, we are in the [41:41] backyard of Raj and our new neighbors. [41:44] So, welcome. We're excited to meet you. [41:46] We have not met everybody yet, but very [41:48] excited to meet you. Uh [41:51] I just want to say we're happy to have [41:52] new neighbors and I respect the bylaw. I [41:56] respect all our neighbors' opinions and [42:00] everybody's feelings towards it. My [42:02] husband and I [42:04] we're okay with the 8-ft fence. It has [42:06] worked out lovely in our backyard. Um [42:10] so, we don't have any concerns with the [42:14] increased [42:15] height of the fence, but at the same [42:17] point we also respect our neighbors [42:19] concerns that are being raised for the [42:21] impact on their properties. [42:24] So, I guess that's all I have to say [42:26] about that. [42:28] So, again, welcome. Looking forward to [42:30] meeting everybody. [42:34] » Thank you. [42:35] Are there any questions [42:38] on the line? [42:39] Seeing none, um [42:42] are there others than Mr. Miller in the [42:45] audience? [42:45] » Um as of right now, we have the [42:47] applicant [42:48] uh with their hand raised and I will [42:50] give I believe there are a few other [42:54] individuals in the virtual audience that [42:56] haven't spoken. If you have not spoken [42:58] and wish to speak, [43:00] uh provide you with uh I'll just give [43:02] about 10 seconds if you'd like to raise [43:04] your hand. Uh failing that, we'll give [43:06] the applicant the opportunity to address [43:08] some of the comments that have been made [43:10] and then um um [43:13] I'd like to add something at the end of [43:14] all that, Mr. Chair. Um so, again, we'll [43:16] give about 10 seconds um and see if [43:20] anyone else. And failing that, I will um [43:22] re-add the applicant into uh the [43:25] meeting. [43:33] » Okay, so I'm not seeing anybody, so I [43:35] will go ahead and re-add the uh property [43:37] owners. [43:45] » Welcome back. Uh if you have uh a few [43:48] comments, please feel free to add to [43:51] your previous uh [43:54] uh previous words and and then we'll [43:56] move on from there. [43:58] Please go ahead. [44:00] » Yep. Can you Can you hear us? Okay. [44:03] Uh yeah, first of all, uh I would just [44:05] like to thank you um [44:07] our neighbors. [44:08] We respect their honest opinion. I would [44:11] like to [44:12] uh [44:13] uh [44:14] do consider some of the points that were [44:17] mentioned and [44:18] um [44:20] and just give us our point of view where [44:22] we are coming from. Uh so there were a [44:25] few things that was mentioned [44:27] that the fence looks higher than [44:29] expected and in many places it's already [44:33] uh constructed 8 ft. Uh I think this is [44:36] something we've already mentioned to the [44:37] city [44:39] that we were not home. The workers made [44:41] the fence. We don't want to [44:43] make them do extra work in case we do [44:45] get a permit from the city. So we told [44:47] them, "Okay, just hold on. Don't do any [44:49] more work [44:50] because we don't have the permit yet." [44:52] Um so yeah, we apologize for the [44:56] inconvenience that caused, but that was [44:58] not our intention. [44:59] Um [45:00] Uh we met Paul yesterday. He's He's the [45:04] girls love him. It was great meeting him [45:07] and I appreciate his comments. [45:10] Um [45:11] I we also in hindsight we wish [45:14] we were [45:15] um [45:16] we had [45:17] further discussions with our [45:19] neighborhood before we went on and [45:22] did this project. [45:24] The challenge being we don't live here [45:26] permanently yet. [45:28] We're still in the process of moving. [45:30] Kids are in school. It's very hard to [45:32] get out of home and then we come here. [45:35] Um [45:36] it's a lot of work. So it's I I wish we [45:39] had time to meet everyone and discuss [45:42] what we are thinking. Um [45:44] But that is how I would have done it in [45:47] hindsight too. [45:48] Um [45:49] » We We wish we could have and we [45:51] definitely wanted to have [45:53] » Yeah. And and one of our neighbors also [45:56] mentioned that we our concrete is maybe [45:59] accidentally poured on their side. I [46:01] just want to rest assure everyone the [46:02] work is not done yet. We are just [46:04] waiting for the permit before we go any [46:06] further. Yeah, so we are going to clean [46:08] everything up. We're going to put [46:09] topsoil on. If the grass is dead, we'll [46:11] make sure it's fixed. The idea is to [46:13] make sure this fence looks [46:15] professionally done and not something [46:17] that is just put there. Um [46:20] A lot of comments were around the [46:22] aesthetic. [46:25] I [46:26] I think I understand where people are [46:28] coming from. Uh this neighborhood has [46:31] long been uh [46:34] more of like an open community without [46:35] any fences. So people in general seem [46:39] little [46:40] uh [46:41] uh concerned about fences in general. [46:43] Any any sort of fences in general, but [46:46] but our [46:49] but that doesn't apply to this variance [46:52] application. Um [46:53] I understand sometimes fences is not [46:56] what you prefer, [46:57] uh but uh but because of our unique uh [47:01] we we have three young daughters. They [47:02] run around everywhere. I cannot keep [47:04] track of them. [47:05] Um I also I'm out of the country for [47:09] work. Uh I haven't found a job in Canada [47:12] yet, so we are just trying to figure [47:14] everything out. My wife is home alone, [47:16] and it gives us a lot of peace of mind [47:18] when we think, "Okay, everything is [47:19] closed off. Kids are not running away [47:22] uh and somebody is not in the pool and [47:23] one is outside the street." So it gives [47:25] us that confidence. [47:27] » Their clothes on. Like they're young and [47:28] no matter what that age, it's just so [47:30] hard to [47:31] explain to them that whether it's hot [47:33] outside or not, you need to keep your [47:35] clothing on. I don't care [47:36] [clears throat] that there's a pool in [47:37] the backyard. Like they're just young [47:39] and and as a female, it it makes it you [47:42] feel a little more exposed. [47:44] » Yeah. [47:45] » Um and you just want that privacy when [47:47] you're swimming in your own pool. [47:48] Otherwise, you'd be in a community area. [47:51] A community pool. [47:52] » And [47:53] and yeah, so I just would like to say [47:56] that to [47:57] the the committee that um [48:01] I hope [48:02] you know, you understand our point of [48:04] view, where we are coming from. [48:06] Um I understand a lot of concerns are [48:08] about the fence in general, but that [48:10] doesn't apply to the minor variance [48:12] itself. [laughter] [48:13] » Mhm. [48:14] » Um and um you're welcome to come over, [48:16] look at our property. It's on a really [48:18] high slope. [48:19] » Comes one with us. [48:20] » Yeah. So, [48:21] » Three small children. [48:22] » Yeah, so [48:23] » Some of them they're naked, you know. [48:26] » And yeah, that's all. I mean, unless you [48:28] have anything to say. [48:30] » This is Raj, you know, like [48:33] Raj [48:34] I'm the one who put the application for [48:36] this minor variance. Hi everyone. [48:40] I have my concern, you know, like I had, [48:42] you know, I live in Waterloo 48 years. [48:45] And you know, my fence I had, you know, [48:47] swimming pool there, too. My fence was [48:49] 6.6. One of the night, 2:00 in the [48:52] morning, I seen [48:54] bunch of teenager. It was in my swimming [48:57] pool. My purse got stolen from my, you [49:00] know, like kitchen table, you know, from [49:02] my backyard. People jump in. [49:05] I'm not lying. It was reported to the [49:07] police. Police actually found they took [49:09] the money out, threw my purse, you know, [49:12] some other other person's yard. And here [49:16] I find someone put the bad messages on [49:19] our gate. We are sold I. That's what the [49:23] message we got. So, [49:25] I [49:26] I we are isolated. And I feel it's a [49:29] discrimination here because of our our [49:31] color. And I was going to see my you [49:34] know, like front yard. And you know, [49:36] like I was going to talk to him. And [49:38] when I was on his front porch, and I [49:40] said, "Oh, you can see your front [49:43] neighbor's, you know, everything." He [49:45] said, "I like seeing it." I don't like [49:47] that comment. Another thing, you know, I [49:49] I seen, you know, on his side there was [49:52] a little bit, you know, like a cement of [49:54] 2 3 in. I said, I will cut it down. I [49:57] will put the top soil and I will put the [49:59] seed on. Steven, you will be happy. He [50:02] said, I never be happy. That was his [50:04] comment. So, I How I feel comfortable [50:07] with the these kind of neighbors who are [50:10] all the time running to the, you know, [50:11] like a city hall and so many city hall [50:14] people coming to me, you know. I'm not [50:17] feeling comfortable. I'm feeling [50:19] horrible about it. We are not feeling [50:21] welcome in this neighborhood because of [50:24] our color. It's a [50:26] discrimination here. [50:27] » It's okay. [50:29] Yeah, okay. Let's [50:30] » I I think that [50:31] I mean, from a safety perspective, it [50:34] certainly feels like when you're [50:38] when I mean, like for example, one of [50:40] the neighbors put a caution sign in [50:41] front of you. [50:42] » By on my forehead. [50:44] » So, I do want to I do want to focus [50:47] » I [50:47] » I'm just saying it's from a safety [50:49] perspective. I [50:51] appreciate [50:52] » I think the point is safety is also [50:55] important. If that's like that's the [50:57] only point. Yeah, it's okay. [50:58] » They were never to be watched to me. [51:00] Anyway, they keep eye on where I'm [51:02] going. They must be [51:05] They can see my whole house from there, [51:06] you know. [51:07] I can see He can see everything on my [51:09] side. I don't want him to watch me. [51:11] » It's okay. [51:12] » So, I want to be really respectful here, [51:14] but we have [51:14] » I was trying to be a good neighbor. I [51:16] was very nice to them and they're [51:18] running all the time to [51:20] » And so, Mr. Miller, we made it to the [51:23] conclusion that we have [51:24] » I'm going to mute it. I'm going to mute [51:25] it. Yeah. [51:27] I'm going to mute it, too. [51:28] » Uh-huh. [51:29] » If there's any questions from the [51:30] committee, [51:32] um [51:32] we'll allow one opportunity here and [51:35] then um I will just as from staff add [51:37] something. [51:38] Um and then we'll we'll proceed. [51:41] » You might be adding what I want to touch [51:42] on. So, Mr. Roth, please go ahead. [51:45] » Um are we allowed to uh, comment on the [51:48] situation now, Mr. Miller, or do you [51:50] want to make your your, uh, statements [51:52] first? [51:53] » So, if you have questions, Mr. Roth, for [51:55] the applicant, [51:55] » Well, it's it's not it's not a question. [51:58] It's, uh, a comment. [52:00] » Okay, so if if that's the case, are [52:02] there questions for the applicant? Mr. [52:04] [clears throat] Roth, I will come back [52:05] to you. Sorry, I don't mean [52:07] Um, [52:09] seeing none, I think I'll let Mr. [52:10] Miller, you speak to what you want to [52:12] staff. My comments are going to be [52:14] around what the actual [52:17] rec motion is, [52:19] um, and and as well as taking into [52:22] context what was known before, uh, this [52:26] uh, client [52:27] before the application and Mr. Miller's, [52:30] uh, recommendation or staff [52:32] recommendation was. So, please go ahead, [52:34] Mr. Miller. [52:35] » Uh, yes, thank you, Mr. Chair. Um, so [52:37] just to summarize, um, just because [52:39] again, this is a virtual format, um, I [52:41] would just like to highlight [52:43] uh, who we've received feedback from. [52:45] Um, so, [52:47] in terms of properties that are directly [52:49] abutting, it would be 216 Shade Street, [52:52] uh, which is, uh, immediately to the [52:54] east of this property. We've received [52:56] feedback from 231 Perth Street, which, [52:59] uh, is immediately north and directly [53:01] abutting. Uh, both of uh, whom were [53:03] against the fence. Um, [53:06] 223 Perth Street is to the west of the [53:08] property, directly abutting, um, and did [53:11] express support for the fence. 215 Perth [53:16] Street, we did not receive [53:18] comments from, [53:19] uh, nor did they, uh, register this [53:22] evening. [53:23] Um, the remaining property would be in [53:25] the front at 234 Per- uh, Shade Street, [53:28] excuse me, and, um, they expressed [53:31] concerns with the increase in fence [53:33] height. Um, similarly, there were some [53:36] residents across the street, um, who [53:38] took, uh, issue with the increase of [53:41] height of the gate, uh which is facing [53:44] south towards their properties. [53:46] Um so again from a from a staff [53:48] perspective, we have we have highlighted [53:50] that probably the the test uh from from [53:53] a staff perspective again in the intent [53:55] of offense bylaw being from 2009, uh [53:58] just back to Mr. Funk's earlier [53:59] comments, um [54:01] is that [54:02] ultimately we are discussing an increase [54:04] of of uh 1 and 1/2 ft here here this [54:07] evening, and that is the sole focus of [54:10] what the committee is contemplating, an [54:12] increase of of 1 and 1/2 ft. Um the [54:16] other issues that have uh [54:18] occurred um [54:20] uh alleged or have occurred or relating [54:22] to [54:24] um you know, mass or anything, those [54:25] those either are property standards [54:27] issues or potential sections of offense [54:29] that have been created that'd be a bylaw [54:30] issue for our bylaw staff to enforce. [54:33] Um [54:34] from a staff perspective again, the [54:35] recommendation provided was this uh in [54:37] absence of any comments received from [54:39] the public um at that stage, so it is a [54:41] recommendation for the entire perimeter. [54:44] Um [54:45] the committee can make a decision um [54:47] to provide an alternative recommendation [54:50] this evening based on the feedback of [54:52] the property owners that um [54:54] either didn't write in or didn't object, [54:56] which would again be 223 Perth Street [54:58] and 215 Perth Street. Um there was uh [55:01] not as much mention of the front gate. [55:03] Um most sections are 6 ft 6. I did visit [55:07] it. There are some of the posts that are [55:09] 8 ft um at the end cap there. [55:12] Um [55:13] so [55:14] ultimately it'd be the committee's uh [55:16] decision this evening, but from a staff [55:19] perspective again, I think the report uh [55:21] despite the recommendation, um [55:23] the report summarizes again um what [55:26] staff feel is being the main test of a [55:28] variance. Ultimately it's the [55:29] committee's decision on on how they feel [55:31] that that bylaw should uh be [55:33] interpreted. Um and that's all pretty [55:35] pretty all the comments I have to add. [55:36] » Thank you Mr. Miller. Can I quickly ask [55:38] just one question? Oh, sorry Mr. Roth, [55:41] you you please go ahead. You were [55:44] » Well, if you I I still would want to [55:46] make a comment. I don't have a question. [55:49] If you have a question, I think you [55:51] should go first. [55:52] » Okay, I'll take take you up on that. [55:54] Sorry for the back and forth. [55:56] Mr. Miller, [55:58] if [55:59] how so it is the recommendation is for [56:02] the entire perimeter recognizing that as [56:05] you noted [56:07] we didn't hear from some adjacent [56:10] properties and some were in potentially [56:13] in favor. So if we're I just as as a [56:16] note if we said [56:19] ask for an alternative [56:22] approach should we be [56:25] um [56:26] is that a separate submission by the [56:28] applicant to say this is what I would [56:30] like to do or you or the staff would [56:33] come and [56:35] provide one? [56:36] » Um someone can bring forward a motion [56:38] for an alternative recommendation [56:40] um [56:41] based on how they feel to best move [56:44] forward. If um I guess the first thing [56:47] would would be ask if there's a mover [56:48] and a second or for the original motion. [56:50] » So we'll move this motion forward but [56:52] following that we'll decide if [56:53] » If not then someone committee member [56:56] would need to bring forward a [56:58] motion [56:59] and specify in this case either if it's [57:03] you know zero sections or specific [57:05] sections. Again, I'd leave that to the [57:07] committee. [57:09] » Okay, so please comment Mr. Roth. [57:12] » Thank you Mr. Chair. [57:14] Um having visited the site on two [57:17] different occasions um [57:20] and in light of the comments that we [57:23] have heard this evening um I cannot [57:26] support [57:27] this particular motion. [57:30] Uh in my humble opinion, the uh 6-foot-6 [57:34] fence [57:35] um [57:37] in looking at the site, [57:39] uh provides uh I think ample um privacy [57:45] and and security to to the property [57:49] um to alleviate com- some of the [57:51] concerns of of the applicant. [57:55] When I look at the bylaw or [57:57] sort of um [57:59] understand a little bit of the bylaw and [58:01] how bylaws work, [58:03] this particular bylaw gives the option [58:07] that if neighbor abutting neighbors um [58:11] have concerns and and serious concerns [58:15] that the 6-foot-6 [58:18] um measurement should apply and should [58:21] be in effect. So, therefore, I cannot uh [58:25] support um any increase in sight in any [58:30] portion of the fence. [58:32] And that would be my position. [58:38] » Thank you, Mr. Ruth. Appreciate the the [58:41] comments. [58:43] Um with with that, I am going to uh ask [58:47] for a motion to move uh a mover of the [58:51] motion on that the Committee of [58:54] Adjustments [58:55] approve this submission. So, [59:00] uh we would move that for further [59:01] conversation or move it, second it, and [59:04] then we will have a uh a discussion and [59:07] move and make our decision at that [59:10] point. So, if anyone would like to move [59:12] this motion for further conversation and [59:14] decision, please [59:16] raise your hand. [59:21] If no one is So, uh if there's no and I [59:24] would encourage, I'm not saying your [59:26] motion to move it just to be clear means [59:29] approval of the motion. It means we have [59:33] the opportunity to make a decision on [59:35] the motion either for or against. [59:37] » As the chair has indicated it's getting [59:39] it on the floor essentially so to speak. [59:42] Um [59:43] » So [59:44] um is there any interest and and [59:47] [clears throat] I will press a little [59:48] bit to move this motion forward so we're [59:51] not deadlocked uh in the conversation [59:54] moved by Mr. Miller. A second really [59:57] means we we have two people interested [59:59] in talking so move seconded by Mr. [1:00:02] Kohler. [1:00:03] Thank you both. So now we have the [1:00:04] opportunity to if we want to add further [1:00:07] comments to talk about this application [1:00:10] and then I will call for a vote. And so [1:00:13] I Mr. Roth I appreciate your comments. [1:00:15] Um we can consider those as a committee [1:00:18] as well. Are there any other comments [1:00:21] that would like to be heard or spoken [1:00:24] from this committee? [1:00:26] Uh seeing none I would would like to [1:00:29] call [1:00:30] a vote on [1:00:32] approving this submission. [1:00:35] All those in favor [1:00:37] » Would you would you please re-clarify [1:00:39] what the motion actually [1:00:41] » So so the recommendation here is that [1:00:44] the Committee of Adjustments approve [1:00:46] submission A-10/26 [1:00:49] by Kumari Singh affecting part of lot [1:00:54] part of lot 11 plan 532 [1:00:58] being part three on 58R-15009 [1:01:05] which is basically describing the lot of [1:01:07] 226 uh address to increase the maximum [1:01:11] allowable fence height outside of the [1:01:14] front yard setback or driveway [1:01:16] visibility triangle set out in the [1:01:19] zoning bylaw from 1.98 m [1:01:22] to approximately 2.44 m. So, this motion [1:01:28] sets out the ability to do it uh around [1:01:31] the entire perimeter. [1:01:33] Um so, if if we feel that some areas are [1:01:36] okay, some are not, the [1:01:38] uh the the the motion should not be [1:01:41] carried if that is your view. [1:01:43] Um if you're okay with moving forward [1:01:45] with that approving the increase of [1:01:48] height from 1.98 to 2.44, [1:01:53] then that would be a vote in favor. So, [1:01:55] um is that understood? [1:01:59] More or less, yeah? [1:02:01] » Yes, Mr. Chair. I would request a I [1:02:03] would request a recorded vote. [1:02:06] » Okay. So, I'm going to [1:02:08] go through the motions and I will take [1:02:10] that vote and not that it's not the [1:02:12] motions uh through the call for a vote. [1:02:14] So, can I all those in favor, please [1:02:17] raise your hand? [1:02:20] See Seeing none, all those opposed to [1:02:23] this application, please raise your [1:02:25] hand. [1:02:26] » And then uh Mr. Roth, I would just like [1:02:28] you to read the names of those opposed. [1:02:31] For the purposes of [1:02:32] » Right. I apologize for not listing that. [1:02:35] So, those opposed are Christine Kohler, [1:02:38] Wayne Roth, and Stephen Miller. [1:02:42] So, that [1:02:44] uh [1:02:44] that is the intent of that application. [1:02:47] What I [1:02:49] So, Mr. Miller, I'm going to ask for a [1:02:51] little bit of a question here. [1:02:53] » Sure. [1:02:53] » Would now be the time if the committee [1:02:55] would like to see a different motion to [1:02:58] request [1:02:59] » Someone can bring forward a an amended [1:03:01] motion, yes. [1:03:02] » So, is there interested in an amended [1:03:04] motion? [1:03:06] The outcome of this would be that this [1:03:08] motion that we just defeated, we could [1:03:11] suggest an amended motion, which would [1:03:13] direct staff accordingly, [1:03:16] or we could let it sit and let uh the [1:03:18] applicant uh make a separate [1:03:20] application. Is that fair? [1:03:23] Uh [1:03:23] » From a From a staff perspective, I would [1:03:25] just highlight again that there are two [1:03:26] abutting property owners that did not [1:03:28] object. One actually was in favor. Um [1:03:32] so um you know, despite a lot of the [1:03:35] comments that were received, from a [1:03:37] staff perspective [1:03:38] um [1:03:40] uh again, these directly abutting [1:03:41] property owners either did not object [1:03:43] and and one provided support. So um if [1:03:47] there is a committee member that wishes [1:03:49] to move a recommendation [1:03:52] uh where [1:03:53] the 8-ft high section would be permitted [1:03:56] uh along [1:03:58] uh 223 on the rear property line of 223 [1:04:01] Perth Street and additionally on 215 [1:04:04] Perth Street, limiting the [1:04:07] remainder of the property [1:04:09] to 6-ft 6. [1:04:10] » Yep. [1:04:11] » Um if there is [1:04:12] » Any interest from the committee to move [1:04:14] uh put on the floor another motion or to [1:04:20] Seeing none, [1:04:21] » [clears throat] [1:04:21] » Uh that motion is uh not approved and we [1:04:24] will move on to the next application, [1:04:26] Mr. Miller. [1:04:29] » Okay. [1:04:30] Um thank you very much, Mr. Chair. Um so [1:04:33] that motion, again, just for the record [1:04:35] of everyone in this meeting has been [1:04:37] defeated. Um [1:04:38] so [1:04:40] um [1:04:41] it's been it's been defeated by uh this [1:04:43] committee. Okay, moving on to the next [1:04:47] application this evening. And um thank [1:04:50] you for everyone for your patience as we [1:04:51] work through these. Uh the next [1:04:53] application is A11/26 [1:04:56] uh concerning 2451 Hearn Road. And so [1:05:00] this proposes to reduce the uh minimum [1:05:02] distance two requirements from a [1:05:04] proposed barn to a nearest neighboring [1:05:06] dwelling from uh 161 m to approximately [1:05:10] 147 m. [1:05:12] Uh so property is roughly a 30-ha farm. [1:05:15] It's developed with a single detached [1:05:17] dwelling and existing poultry operation [1:05:19] that contains a a 20,000 sq ft chicken [1:05:21] barn. [1:05:22] Uh there was a sketch provided as part [1:05:24] of the application. It shows that the [1:05:25] owners are proposing a a second uh [1:05:28] chicken barn uh [1:05:30] essentially of of equal size um and in a [1:05:33] similar location but uh further to the [1:05:35] east um than the existing uh barn. [1:05:39] Uh so that MDS separation guideline that [1:05:41] is is referred to here is a is a [1:05:43] provincial formula but essentially it [1:05:45] sets out minimum distances from [1:05:46] livestock facilities and manure storages [1:05:49] to uh sensitive land uses. And in the [1:05:51] case here uh the sensitive land use [1:05:53] would be uh a nearest neighboring [1:05:55] dwelling located at 2469 Hearn Road. Uh [1:05:58] and so that requirement sets out 161 m [1:06:02] and um it's proposed to be reduced to [1:06:04] 147 m. Um [1:06:07] so that's being sought essentially to [1:06:09] keep the the cluster of buildings as [1:06:11] close as possible for farming purposes. [1:06:14] It is worth noting that the nearest [1:06:16] neighboring dwelling in question is in [1:06:18] is in ownership common ownership of a [1:06:20] family of Pine Hill Poultry who's the uh [1:06:23] proponent of this application. And um [1:06:26] again there should be no additional [1:06:27] impacts on any other surrounding uh [1:06:30] homes as it's not proposing to go [1:06:32] um closer than otherwise permitted to [1:06:34] any of these other dwellings. In fact, [1:06:36] it's actually going further further away [1:06:37] from a dwelling to the south by pushing [1:06:39] it further to the north. Um there is a [1:06:42] bit of a compounding effect with um MDS [1:06:44] regulations. When the first barn was [1:06:46] constructed, I referred back to that [1:06:48] from 2017 and it established 126 m [1:06:52] setback. So um [1:06:54] in this case again the setback of uh [1:06:57] 147 m is greater than that existing barn [1:07:00] but uh is a reduction to the current [1:07:02] requirement. Um in circulating the [1:07:04] application, we didn't receive any [1:07:06] concerns and we're recommending that it [1:07:07] be approved. [1:07:11] » Thank you. Uh is the applicant [1:07:14] uh it [1:07:15] present and wanting to speak? [1:07:17] » Uh yes, [1:07:18] uh Mr. Head has raised his hand, and I [1:07:21] will be promoting him as a panelist. [1:07:23] » Thank you. [1:07:32] Welcome. [1:07:33] Uh [1:07:34] please, if you're able to turn your [1:07:36] camera on, that would be appreciated as [1:07:38] well. [1:07:41] » Good evening, Mr. Chairman, members of [1:07:43] the members of the committee and staff. [1:07:44] My name is Andrew Head from Trident [1:07:46] Smith and Head Planning Consultants. [1:07:49] I'd like to thank Cameron Miller for [1:07:50] doing an excellent job. He's explained [1:07:52] this application quite quite quite [1:07:54] nicely. [1:07:55] Uh it is, as you can see from the sketch [1:07:57] plan that's provided to you, uh we're [1:07:59] mirroring pretty much mirroring the [1:08:00] existing operation. Uh due to the [1:08:02] compounded issues, we are although we [1:08:04] are moving farther away from everything, [1:08:07] the compounded issues has created a [1:08:09] discrepancy in the minimum distance [1:08:10] separation. Uh [1:08:12] now, someone who's very familiar with [1:08:13] the minor variance processes, as as you [1:08:16] all are now, um you can understand that [1:08:19] this is quite minor in nature. Uh we [1:08:21] don't have any complaints. We have the [1:08:23] uh son lives and works at Pine Hill [1:08:24] Poultry. We have uh a signed affidavit [1:08:27] from the property owner and the and the [1:08:29] living and the owner who who resides at [1:08:32] the at the house. [1:08:34] I could go on about the four tests of [1:08:35] the minor variances, and we could we [1:08:37] could go on about this, but you know [1:08:39] what? [1:08:39] » [clears throat] [1:08:40] » Uh it's already 8:10, and you know, I'm [1:08:43] happy to answer any questions, and I'd [1:08:45] I'd love to see your support on this. [1:08:46] Thank you. [1:08:48] » Thank you. Are there any questions for [1:08:52] for Mr. Head? No. [1:08:55] Seems and and thank you. Appreciate your [1:08:57] time. [1:08:58] Are there any [1:09:00] um questions from others in attendance, [1:09:03] Mr. Miller? [1:09:05] » Uh, I'll have [1:09:07] one brief look. I don't anticipate there [1:09:09] being any based on the names left. [1:09:13] » Okay. [1:09:17] So, [1:09:18] uh, I'll move to [1:09:21] calling it the committee. Are there is [1:09:23] there anyone that would like to move [1:09:24] this motion? [1:09:26] Yeah. [1:09:27] Moved by Mr. Roth, seconded by [1:09:31] Ms. Kohler. Um, any questions or comment [1:09:34] conversation? I see none. Can I get uh, [1:09:37] all those in favor to raise their hand? [1:09:41] And that motion is carried. [1:09:44] Thank you. Um, [1:09:46] and we have one more for this evening. [1:09:48] Mr. Miller, would you please introduce [1:09:50] that? [1:09:51] » Thank you, Mr. Chair. The final [1:09:54] application this evening is a consent [1:09:55] application concerning 2342 Steiners [1:09:59] Road East. This application is proposing [1:10:01] to sever approximately 0.4 hectares as a [1:10:03] new residential lot and retaining equal [1:10:06] size [1:10:07] 0.4 hectares. [1:10:09] Uh, so this property is is zoned zone [1:10:12] one agricultural. It's designated as [1:10:14] rural areas in the township official [1:10:15] plan. It currently has a single family [1:10:17] home on it and again it's about 0.8 [1:10:19] hectares in size. The applicants seeking [1:10:22] tonight to divide that property in half. [1:10:25] Prior to this process, [1:10:27] they did receive council approval to [1:10:29] reduce the minimum lot area from 40 [1:10:32] hectares and the minimum lot frontage of [1:10:34] 230 meters [1:10:36] to allow for essentially facilitate a [1:10:38] future severance this evening. Um, [1:10:41] through that previous process there was [1:10:42] a lot of technical items that were [1:10:44] provided such as the main one being a [1:10:46] hydrogeological assessment to [1:10:48] demonstrate there'd be no impacts on [1:10:49] ground water in in this severance. [1:10:52] It's worth noting the township official [1:10:54] plan allows for infilling on lands that [1:10:57] are designated as rural areas. These [1:10:58] lands are designated as rural areas and [1:11:00] therefore council [1:11:02] made a decision on that basis. [1:11:04] Um [1:11:05] Again, um [1:11:06] this is simply implementing the previous [1:11:08] decision of council [1:11:11] um at an earlier meeting [1:11:12] uh previous month and uh there are some [1:11:15] standard fairly standard conditions that [1:11:17] are included in the recommendation such [1:11:19] as demolishing the existing house, [1:11:21] decommissioning the septic system, and [1:11:24] um some other standard things that we [1:11:25] see on a severance such as noise warning [1:11:28] clauses due to the [1:11:29] uh proximity of regional road as well as [1:11:33] um [1:11:34] um road widening from the regional [1:11:36] Waterloo. Uh happy to answer any [1:11:37] questions. Uh the applicant's also here [1:11:39] this evening, but again uh should be [1:11:42] rather straightforward and I'm happy to [1:11:43] answer them. [1:11:46] » All right, then. Uh does the applicant [1:11:47] want to to speak? [1:11:50] » I'll get [1:11:51] They're raising their hand, so we'll [1:11:53] welcome them into the meeting. [1:12:05] » Welcome. [1:12:07] » Yeah, through you, chair. Uh good [1:12:09] evening. Uh my name's Dylan Schner and [1:12:10] I'm a planner and urban designer with [1:12:11] GSP Group. Uh I'm here tonight as the [1:12:14] agent for the application uh for 2342 [1:12:16] Snyders Road East. I wanted to thank [1:12:18] you, Cameron, for the overview of the [1:12:19] application. Um and I just wanted to [1:12:21] note that I support the recommendation [1:12:23] for approval from staff and I'll be [1:12:24] available to answer any questions if [1:12:26] needed. [1:12:27] » Thank you. [1:12:28] Are there any uh questions from the [1:12:31] committee? [1:12:34] Seeing none, thank you for for joining. [1:12:37] Uh we'll move Are there Is there anyone [1:12:39] in the audience or present online that [1:12:41] would [1:12:42] look to speak to the application? [1:12:45] » Does not appear so. [1:12:47] » Seeing none. [1:12:48] Uh are there any questions, committee [1:12:50] member? I know I just asked that, [1:12:51] actually. [1:12:52] Um [1:12:53] uh if not, uh could I get a motion from [1:12:55] the committee on this application? [1:13:00] Uh moved by Mr. Miller, seconded by Ms. [1:13:02] Kohler. [1:13:04] Uh any discussion? [1:13:06] Um can I all of those in favor, please [1:13:09] raise your hand? [1:13:11] And that motion is carried. [1:13:13] So, that takes us to the end, if I'm [1:13:15] correct, uh Mr. Miller. [1:13:17] » Mhm. [1:13:18] » Um do we have items for August now?