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HomeMy WebLinkAboutAdjustment - 2010-05-18COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 18, 2010 MEMBERS PRESENT: Messrs D. Cybalski, M. Hiscott and B. McColl 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. D. Cybalski, Chair, called this meeting to order at 9:30 a.m. MINUTES Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of April 20, 2010, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS 1. Submission No.: A 2010-023 Applicant: Lisa Moses & Simon Cooper Property Location: 256 Lydia Street Legal Description: Part Lots 17 & 18, Plan 284 Appearances: In Support: D. Thompson Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a one storey rear addition to have a northerly side yard of 0.349m (1.14`) rather than the required 1.2m (4'). The Committee considered the report of the Development and Technical Services Department, dated April 12, 2010, advising that the subject property is located at 256 Lydia Street and is developed with one single detached residential dwelling. The land 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 subject property is 10.8 metres in width, 39.0 metres in length, and has a lot area of approximately 421.2 square metres. The owners are requesting relief from Section 38.2.1 of Zoning Bylaw 85-1 to reduce the required side yard setback to 0.349 metres from the side property line whereas 1.2 metres is required. The applicants are proposing to construct an addition to the existing residential dwelling in the rear yard, which is proposed to include a covered porch. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments: COMMITTEE OF ADJUSTMENT 73 MAY 18, 2010 1. Submission No. A 2010-023 (Cont'dl The variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for expansions. The intent is to accommodate a full range of housing to achieve an overall low density and the proposed development will not affect such density. The proposed variance at 256 Lydia Street will allow for the construction of a new addition to expand the existing residential unit. The variance meets the intent of the Zoning By-law as the intent of the 1.2 metres minimum side yard set back is to allow for privacy and separation of the subject and abutting property. The encroachment of the existing dwelling and proposed addition into the required side yard setback is minimal and provides adequate separation between the buildings on abutting properties. The variance is considered minor as there is adequate separation from the subject property and the abutting residential property and as such will likely have minimal impact to adjacent lands. The variance is appropriate for the development and use of the land as the addition would be consistent with the established development within the neighbourhood and no adverse impacts are anticipated as a result of the variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 25, 2010, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Lisa Moses & Simon Cooper requesting permission to construct a one storey rear addition to have a northerly side yard of 0.349m (1.14`) rather than the required 1.2m (4'), on Part Lots 17 & 18, Plan 284, 256 Lydia Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-026 Applicant: Jafar Konoodi & Parvaneh Hayati Property Location: 283-285 Lancaster Street West Leaal Description: Lot 109. Plan 318 Appearances: In Support: J. Konoodi Contra: A. Tadros Written Submissions: None The Committee was advised that the applicants are requesting permission to locate a canine and feline grooming business in an existing building on a lot having an area of COMMITTEE OF ADJUSTMENT 74 MAY 18, 2010 Submission No. A 2010-026 (Cont'd 405 sq. m. (4,359.52 sq. ft.) rather than the required 550 sq. m. (5,920.34 sq. ft.) and a width of 12m (39.37') rather than the required 18m (59.05'); legalization of an interior side yard on the existing building of 0.8m (2.62') rather than the required 3m (9.84') and a side yard abutting Elizabeth Street of 2.7m (8.85') rather than the required 3m (9.84'); and, permission to provide 3off-street parking spaces for the existing uses in the building and the canine and feline grooming business rather than the required 4 off- street parking spaces. The Committee considered the report of the Development and Technical Services Department, dated April 12, 2010, advising that the owners are requesting permission to locate a canine and feline grooming business in an existing building on a lot having an area of 405 sq. m. (4,359.52 sq. ft.) rather than the required 550 sq. m. (5,920.34 sq. ft.) and a width of 12 m (39.37 ft) rather than the required 18 m (59.05 ft); legalization of an interior side yard on the existing building of 0.8 m (2.62 ft) rather than the required 3 m (9.84 ft) and a side yard abutting Elizabeth Street of 2.7 m (8.85 m) rather than the required 3 m (9.84 ft); and, permission to provide 3off-street parking spaces for the existing uses in the building and the canine and feline grooming business rather than the required 4off-street parking spaces. The property is zoned Neighbourhood Shopping Centre Zone (C-2) in By-law 85-1 and is designated as Neighbourhood Mixed Use Centre in the City's Official Plan. The current use of the building is as two dwelling units on the second floor and a personal service (hair salon) at the back of the main floor. The proposed canine and feline grooming business would occupy approximately 55.74 sq. m (600 sq. ft) of space at the front of the main floor, facing Lancaster Street West. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan for the following reasons. The Neighbourhood Mixed Use Centre designation notes that it is primarily intended to meet the day to day convenience retail or service-oriented needs of the surrounding residential areas and shall also fulfill a role in providing incubator space for small scale commercial enterprises. These areas are generally served by public transit and have strong pedestrian linkages with the surrounding residential community. The variances for the building setbacks, lot area and width meet the intent of the Zoning By-law and can be considered minor for the following reasons. The intent of these regulations is to ensure that the building has sufficient setback from the public realm for the benefit of the public using the sidewalk and street and the people using the building. The regulations also ensure that buildings/structures are not located within visibility triangles, which addresses safety concerns and streetscape aesthetics as well. The original main building was built in 1949 and has legal non-conforming status for the existing two dwelling units and a personal service use. Staff are of the opinion that a canine and feline grooming business is no more onerous a use and therefore is considered to meet the intent of the setback, lot width and lot area regulations; as well as being considered minor. However, the variance for the parking deficiency does not meet the intent of the Zoning by-law; nor is it considered minor for the following reasons. The intent of the parking requirements is to ensure there is sufficient off-street parking available for the occupants of the building and that there is no overflow parking on city lands. In addition to the above deficiency, it is noted from the staff site visit of April 1st, that there are additional demarcated parking spaces on the property that are non-complying (noted with a previous business name "Trimsxs"). One of the spaces is located to the left of the 3-car garage and between the building fagade and Elizabeth Street lot line which was not noted by the owner in his application. This space would require additional variances: 1) to have a "parking lot" (4 parking spaces or more) arranged with egress in a rear-ward motion, rather than in a forward motion; and 2) to have a parking space less COMMITTEE OF ADJUSTMENT 75 MAY 18, 2010 2. Submission No. A 2010-026 (Cont'd than the required 5.5 m (18 ft) in depth. As well, there are spaces along the side and front of the main building that are demarcated and do not comply to regulations for size and location outside the corner visibility triangle. These additional variances were neither requested nor circulated and therefore has not been considered by staff. The non-complying spaces would be required to be removed or to have access to them blocked. Therefore, the effect of the parking reduction of one space and the removal of non-complying spaces would result in overflow parking onto City streets and is not supported by Planning or Traffic staff. The variance is not considered appropriate for the development and use of the land for the following reasons. As noted above, there are currently parking spaces on the subject property which do not comply with regulations and are not legal non-conforming. These non-complying parking spaces would have to be removed or access to them be blocked. This would result in overflow parking onto city streets and is not considered appropriate for the use of the subject property nor the adjoining lands. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 25, 2010, advising that they have no concerns with this application. Mr. Konoodi provided the Committee and staff with copies of a new parking plan and advised that he is prepared to demolish the garage and storage building and to locate 4 parking spaces in that area. Ms. vonWesterholt advised that staff received this revised plan late the previous day; consequently, they have not had time to review it and can not provide comments at this time. Mr. Tadros, a neighbouring property owner, advised that he has 4 units in his building with 16 employees and the property has a private driveway. He advised that customers from 283-285 Lancaster Street have been parking on his property in the private driveway. He submitted that his property does not have sufficient parking for its own customers when customers for the neighbouring property park on his property. Mr. Konoodi stated that in the past his garages have mostly been used for storage and they have parked in front of the garages, which is not a legal parking area. The uses in his building are 2 residential units on the second floor and 2 commercial units on the ground floor. He also advised that on several occasions, people from the neighbouring property have parked on his property. Ms. vonWesterholt advised that there are a number of issues still to be addressed and site plan approval, including landscaping, is absolutely necessary. The Chair recommended that consideration of this application be deferred to allow staff an opportunity to address the outstanding issues and the Committee generally agreed to defer until the Committee's meeting in July, at the latest. Mr. Hiscott requested that a chain link fence be required once the garages have been removed and Ms. vonWesterholt agreed to investigate the installation of a chain link fence or landscaping. Mr. Tadros advised the Committee that he has no concerns with the application if the garages and storage building are removed. This meeting recessed at 9:55 a.m. and reconvened at 10:03 a.m. with the following members present: Messrs. D. Cybalski, B. McColl and M. Hiscott. COMMITTEE OF ADJUSTMENT 76 MAY 18, 2010 NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2010-029 Enio & Erin Campana 40 Onward Avenue Lot 23, Plan 309 E. Campana None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a detached garage in the rear yard to have a setback from Crescent Street of 4.7m (15.41') rather than the required 6m (19.68'); and, legalization of the existing house having an interior side yard of 0.81 m (2.65') rather than the required 1.2m (3.93') and a side yard abutting Crescent Street of 2.49m (8.16') rather than the required 4.5m (14.76'). The Committee considered the report of the Development and Technical Services Department, dated May 7, 2010, advising that the subject property is located at the corner of Onward Avenue and Crescent Street and is developed with one single detached residential dwelling. The land is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Five (R-5) in By-law 85-1. The applicants are requesting relief from Section 6.1.1.1.b.i of the Zoning Bylaw 85-1 to construct a one storey detached garage at the rear of the property with a setback from the Crescent Street property line of 4.7 m rather than the required 6.0 m. The applicants are also requesting minor variance approval to legalize the existing dwelling location to have a side yard of 0.81 m rather than the required 1.2 m and a side yard abutting a street of 2.49 m rather than the required 4.5 m as per Section 39.2.1. of the By-law. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments: The requested variances meet the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The intent is to accommodate a full range of housing types that achieve an overall low density. The proposed variance will legalize the proposed garage and existing dwelling while maintaining the intent of the Official Plan. The variances meet the intent of the Zoning By-law. The purpose of the minimum side yard setback abutting a street is to ensure adequate separation exists between buildings and the abutting public streetscape. The encroachment of the existing dwelling into the required side yard setback is minimal and provides adequate separation between the building and Crescent Street. The intent of the 1.2 metres minimum side yard set back is to allow for privacy and separation of the subject and abutting property. The encroachment of the duplex dwelling into the required side yard setback is minimal and provides adequate separation between the building abutting the subject property. Therefore staff is of the opinion that the variances meet the intent of the Zoning By-law. The variance is minor because the applicants are legalizing an existing dwelling that meets the intents of the Official Plan and Zoning By-law. There is adequate separation COMMITTEE OF ADJUSTMENT 77 MAY 18, 2010 Submission No. A 2010-029 (Cont'd from the subject property and the abutting residential property and street as well as adequate maintenance access to the rear yard. The variances are considered desirable and appropriate for the development and the use of the land. The proposed garage in the rear yard is consistent with the established development within the neighbourhood and no adverse impacts are anticipated as a result of the variances. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 10, 2010, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Enio & Erin Campana requesting permission to construct a detached garage in the rear yard to have a setback from Crescent Street of 4.7m (15.41') rather than the required 6m (19.68'); and ,legalization of the existing house having an interior side yard of 0.81 m (2.65') rather than the required 1.2m (3.93') and a side yard abutting Crescent Street of 2.49m (8.16') rather than the required 4.5m (14.76'), on Lot 23, Plan 309, 40 Onward Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall obtain a building permit from the City's Building Division for the construction of the new garage. It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-030 Applicant: GE & B Inc. Property Location: 1015 Weber Street East Legal Description: Lot 97, Plan 307 Appearances: In Support: G. Baker Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace the existing detached garage with a larger detached garage to have an easterly and a westerly side yard of 0.99m (3.24') rather than the required 3m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated May 10, 2010, advising that the subject property is located on 1015 Weber Street East and is currently used as an office. The property is zoned Arterial Commercial (C-6) in the Zoning By-law and designated Arterial Commercial Corridor in the Official Plan. COMMITTEE OF ADJUSTMENT 78 MAY 18, 2010 Submission No.: A 2010-030 (Cont'd The applicant is proposing to replace the existing detached garage located in the rear yard with a larger detached garage for additional storage purposes. Relief is being sought from Section 12.2.1 of the Zoning By-law 85-1 to allow the new structure to be situated 0.99 metres from both side lot lines (right and left) rather than the required 3.0 metres side yard set back. In addition, the applicant is requesting minor variance approval to legalize the existing lot width of 12.19 metres rather than the required 16 metres. A building permit has not yet been applied for and as such will be made a condition of approval of this application. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding the requested minor variance: The requested minor variances meet the intent of the Official Plan. The Arterial Commercial Corridor designation recognizes a broad range of commercial and industrial business uses, including free-standing offices and allows for low density redevelopment. The subject property is consistent in form and use with other development along Weber Street East. The purpose of the required 3.0 metres side yard setback is to allow for adequate separation from the abutting property and sufficient access to the rear yard for maintenance and emergency purposes. The requested 0.99 metre right side yard setback will continue to be used as a walkway to access a four car parking lot at the rear of the property. Staff conducted a site visit and concludes that sufficient space will be maintained for access from the front portion to the rear portion of the subject property and vice versa. The rear portion of the property can also be accessed via an unnamed City local street as identified in the City's Official Plan. Further, the requested minor variance for a reduced lot width recognizes an existing situation and staff are of the opinion that the requested minor variances are in conformity with the intent of the Zoning By-law. The variances are considered minor as staff are of the opinion that the existing 0.99 metre walkway will be maintained along the right side lot line abutting the new structure and is sufficiently wide to provide adequate access to the rear. The existing unnamed City local street abutting the rear of the subject property will also provide additional access and therefore the requested minor variances will not impede the current functioning of the site and overall neighbourhood. The requested minor variances are appropriate for the development and use of the land as it will allow the subject property to blend well with the balance of buildings along Weber Street East. The parcel size, the current use and building design and features are very common along this street. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 10, 2010, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of GE & B Inc. requesting permission to replace the existing detached garage with a larger detached garage to have an easterly and a westerly side yard of 0.99m (3.24') rather than the required 3m (9.84') and legalization of a lot width of 12.19 m (40') rather than the required 16 m (52.5'), on Lot 97, Plan 307, 1015 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division for the proposed detached garage. COMMITTEE OF ADJUSTMENT 79 MAY 18, 2010 Submission No.: A 2010-030 (Cont'd) It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-031 Applicant: Shirley Sauder-Pitkin Property Location: 1874 Glasgow Street Legal Description: Part Lot 38, German Company Tract, being Parts 1 & 2, Reference Plan 58R-7011 Appearances: In Support: S. Sauder-Pitkin Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to expand a legal non-conforming residential use by adding an attached garage to the existing house. The Committee considered the report of the Development and Technical Services Department, dated May 10, 2010, advising that the subject property is located on the southwest side of Glasgow Street, north of Highland Road. The property is 2,832.8 square metres in area and has 40.2 metres of frontage on Glasgow Street. A single detached dwelling is located toward the front (east side) of the property. The dwelling was constructed in approximately 1958. The surrounding area appears to be in transition. The property immediately to the west and south of the subject property is used for industrial purposes. Most of the properties along this section of Glasgow Street are large-lot residential properties used for single detached dwellings, with limited institutional and industrial uses interspersed. The lands behind the row of single detached dwellings on the opposite side of Glasgow Street are used for hydro-electric facilities and crop production. The subject property and surrounding area are designated General Industrial in the City's Official Plan and are zoned General Industrial (M-2) in the Zoning By-law. The subject dwelling is considered to be a legal non-conforming use, since single detached dwellings are not permitted in the M-2 Zone. It should be noted that all of the single detached dwellings along this section of Glasgow Street are legal non-conforming for the same reason. The owner is requesting permission under Section 45(2)(a)(i) of the Planning Act to extend the legal non-conforming single detached dwelling by constructing an attached garage addition. The proposed garage has a height of 4.9 metres (one storey), a width of 8.5 metres, a depth of 7.3 metres, and a total floor area of 62.4 square metres. The building would be located on the north side of the existing dwelling and would maintain a front yard of 3.4 metres and a northerly side yard of 6.5 metres. The garage would be off-set (towards Glasgow Street) from the front facade of the existing dwelling by approximately 0.5 metres. COMMITTEE OF ADJUSTMENT 80 MAY 18, 2010 Submission No.: A 2010-031 (Cont'd The City's long-term goal for this section of Glasgow Street is to achieve industrial uses as outlined in the Official Plan policies and Zoning By-law. In this case, the subject permission application proposes the extension of a residential (i. e., non-industrial) use. It should be noted that applications to change legal non-conforming uses by way of extension or enlargement do not need to meet the four tests for minor variances. In deciding the subject permission application, consideration should be given to the following tests which have been established through case law: 1. Whether or not the impact of the proposal on surrounding properties is unacceptably adverse, and 2. Whether or not the proposal is desirable for the appropriate development of the subject property. The proposed garage addition would not create unacceptable impacts on the adjacent property to the north, which contains a single detached dwelling. Although the setback from this property would be reduced through construction of the addition, the garage would maintain a 6.5 metre side yard, whereas most low density residential zones require only a 1.2 metre side yard for single detached dwellings. Although the City's Official Plan does identify a road widening along this section of Glasgow Street, the widening appears to have been already taken and Transportation Planning has not indicated any road widening concerns with the proposal. The Planning Act allows enlargements and extensions to buildings with legal non- conforming characteristics, with the intention that such uses will be converted, over time, to comply with the Zoning By-law. Consideration should be given to whether granting permission to extend such buildings will perpetuate the use and hinder the conversion process. In this case, staff is of the opinion that the garage addition will not perpetuate the use since the property investment made in constructing the garage is likely to be minimal compared with the value of the land for industrial redevelopment. Until such time as the property is redeveloped for M-2 uses the proposed garage may increase the functionality of the existing dwelling for current and future owners. Transportation staff does not have any safety related concerns and Planning staff does not have any streetscape related concerns with constructing the garage closer to the street than the existing dwelling. Staff is of the opinion that the proposal satisfies the above noted points of consideration. Based on the foregoing, Planning staff recommends that the application be approved, subject to the condition outlined in the Recommendation section of this report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 10, 2010, advising that they have no concerns with this application. Mr. McColl noted the well shown on the plan submitted with this application and questioned whether it is still functional. Ms. Sauder-Pitkin advised that she spoke with the Ministry of the Environment who advised that she could keep the well but no use if for 10 years. She advised that they are connected to municipal water. Mr. McColl questioned staff as to whether the well needs to be decommissioned and Ms. vonWesterholt advised that the Region of Waterloo should be consulted. Mr. McColl advised that he would be prepared to support this application with a condition regarding the well. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Shirley Sauder-Pitkin requesting permission to expand a legal non-conforming residential use by adding an attached garage to the existing house, on Part Lot 38, German Company Tract, being Parts 1 & 2, Reference Plan 58R-7011, 1874 Glasgow Street, Kitchener Ontario, BE APPROVED, subject to the following to conditions: COMMITTEE OF ADJUSTMENT 81 MAY 18, 2010 Submission No.: A 2010-031 (Cont'd) That the owner shall obtain a building permit from the City's Building Division for the proposed attached garage, and that the owner construct the garage in the location generally as shown on the plan included with Committee of Adjustment Application A2010-031, to the satisfaction of the City's Director of Planning. 2. That the owner shall confirm with the Regional Municipality of Waterloo as to whether decommissioning of the existing well is appropriate; and if required, the decommissioning shall take place. It is the opinion of this Committee that: 1. The approval of this application will not have an unacceptable adverse impact on the surrounding properties. 2. That this proposal is desirable for the appropriate development of the property. Carried Submission No.: A 2010-032 Applicant: David & Patricia Shaw Property Location: 28 Maplewood Place Legal Description: Lot 36, Plan 805 Appearances: In Support: D. Schmidt Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to replace the existing carport with an attached garage and screened porch to have a southerly side yard of 0.76m (2.49') rather than the required 1.2m (3.93'). The Committee considered the report of the Development and Technical Services Department, dated May 7, 2010, advising that the subject property is located at 28 Maplewood Drive and is developed with a single detached dwelling. The property is zoned Residential Three (R-3) in the Zoning By-law and is designated Low Rise Residential in the Official Plan. The applicant intends on replacing the existing deteriorating carport with a new garage/screened porch structure. Relief is being sought from Section 37.2.1 of the Zoning By-law 85-1 to allow the new structure to be located 0.76 metres from the side lot line rather than the required 1.2 metre side yard setback. The applicant has not yet applied for a building permit to construct the new garage/screened porch structure and as such that will be made a condition of approval of this application. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding the requested minor variance: The variance meets the intent of the Official Plan designation which encourages a full range of housing to achieve an overall low density. The proposed variance will legalize the reduced side yard setback for the new garage/screened porch structure and will not interfere with the low density character of the property and surrounding neighbourhood. The variance meets the intent of the Zoning By-law as the purpose of a 1.2 metres side COMMITTEE OF ADJUSTMENT 82 MAY 18, 2010 Submission No.: A 2010-032 (Cont'd yard setback is to allow for privacy, adequate separation between the abutting property and sufficient access to the rear yard for maintenance and emergency purposes. The applicant is proposing a structure that will provide a greater separation from the side lot line than the current setback. Staff is of the opinion that the encroachment of the new structure into the required side yard setback is minimal and provides adequate separation between the neighbouring property. In addition, the applicant has advised staff that the owners of the adjacent property (20 Maplewood Place) are aware of the application before the Committee and do not have any concerns with the proposed replacement plans. The variance is considered minor as adequate separation will be maintained between the subject property and abutting property at 20 Maplewood Drive, and as such will likely have no impact on the adjacent lands and overall neighbourhood. The variance is appropriate for the development and use of the land as the applicant is proposing a structure that will provide a greater separation from the side lot line than the current setback. Staff is if of the opinion that the proposal aligns with the low density development of the neighbourhood and the intent of the Official Plan. The requested minor variance is necessary as it will legalize the minor reduction of the side yard setback from the required setback. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 10, 2010, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of David & Patricia Shaw requesting permission to replace the existing carport with an attached garage and screened porch to have a southerly side yard of 0.76m (2.49') rather than the required 1.2m (3.93'), on Lot 36, Plan 805, 28 Maplewood Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain a building permit from the City's Building Division for the proposed detached garage and screened porch. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B 2010-014 Mary Batstone 17 & 19 Brandy Crescent Part of Block 3, Registered Plan 1836, being Parts 2 & 3, Reference Plan 58R-11324 R. Biggs None COMMITTEE OF ADJUSTMENT 83 MAY 18, 2010 Submission No.: B 2010-014 (Cont'd Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 17 Brandy Crescent from 19 Brandy Crescent so that each property can be dealt with separately. The severed land will have a width on Brandy Crescent of 6.003m (19.69') by an average depth of 27.1m (89.91') and an area of 162.5 sq. m. (1,749.19 sq. ft.). The retained land will have a width on Brandy Crescent of 6.003m (19.69') by an average depth of 29.6m (97.11') and an area of 177.4 sq. m. (1,909.58 sq. ft.). Each property will continue to be used as residential. The Committee considered the report of the Development & Technical Services Department, dated May 1, 2010, in which they advise that the subject property subject properties are located Brandy Crescent, back-lotting onto Otterbein Road, and are legally described Part of Block 3 on Registered Plan 1836 and Parts 2 and 3 of Reference Plan 58R-11324. The property is designated as Low Rise Residential in the City's Official Plan and zoned Residential Six Zone (R6) in By-law 85-1. The two subject properties are part of a row of street-fronting townhouse dwellings that were developed in the late 1990s. At the time of development, the units were subdivided using the Part Lot Control Exemption process, allowing them to be sold as separate units until the exempting by-law expired (usually after two years), at which time any units not in separate ownership from the adjacent unit would re-merge. One party purchased both 17 and 19 Brandy Crescent, and was not aware that the properties had merged until one of the units was conditionally sold. The applicant is requesting consent to sever the two street-fronting townhouse units along the property line initially created when the townhomes were separated by Part Lot Control. The effect of the requested severance would be to re-establish the separation between Parts 2 and 3 on Reference Plan 58R-11324. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated May 11, 2010, in which they advise that they have no objections to this application. Ms. vonWesterholt advised that conditions 2 and 3 in the staff recommendation were included in error and requested that the Committee disregard those conditions. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Mary Batstone requesting permission to sever a parcel of land having a width on Brandy Crescent of 6.003m (19.69') by an average depth of 27.1 m (89.91') and an area of 162.5 sq. m. (1,749.19 sq. ft.), on Part of Block 3, Registered Plan 1836, being Part 3, Reference Plan 58R-11324, 17 Brandy Crescent, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 84 MAY 18, 2010 Submission No.: B 2010-014 (Cont'd Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2012. Carried Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B2010-015 to B 2010-018 Hidden Valley Kitchener Ltd. 42 to 58 River Valley Street Lot 20 to 24, Registered Plan 58M-422 C. W iebe None Written Submissions: None The Committee was advised that the applicant is requesting permission to realign 5 lots in a registered plan of subdivision to create 4 parcels of land to be developed with single family dwellings as follows: B 2010-015 -Lot 20 & Part Lot 21, Reaistered Plan 58M-422 Permission to sever a parcel of land having a width on River Valley Drive of 3.117m (10.22') by a depth of 45.893m (150.56') to be added to Lot 20 such that the resulting parcel of land will have a width on River Valley Drive of 27.468m (90.11'), a depth of 45.893m (150.56') and an area of 1,838.932 sq. m. (19,794.74 sq. ft.). B 2010 - 016 -Part Lot 21 & Part Lot 22, Registered Plan 58M-422 Permission to sever a parcel of land having a width on River Valley Drive of 7.126m (23.37') by a depth of approximately 51.201 m (167.98') to be added to the remainder of Lot 21 such that the resulting parcel of land will have a width on River Valley Drive of 28.347m (93'), a depth of approximately 51.201 m (167.98') and an area of 1,747.123 sq. m. (18,806.49 sq. ft.). B 2010-017 -Part Lot 22 & Part Lot 23, Registered Plan 58M-422 Permission to sever the remainder of Part Lot 22, having a width on River Valley Drive of 12.762m (41.87') by a depth of 62.418m (204.78') to be added to Part of Lot 23 such that the resulting parcel of land will have a width on River Valley Drive of 32.298m (105.96'), a depth of 62.418m (204.78') and an area of 2,194.963 sq. m. (23,627.15 sq. ft.). B 2010-018 -Part Lot 23 & Lot 24, Registered Plan 58M-422 Permission to sever a parcel of land having a width on River Valley Drive of 7.31 m (23.98') by a depth of 57.33m (188.09') to be added to Lot 24 such that the resulting lot will have a width on River Valley Drive of 31.914m (104.7'), a depth of 57.33m (188.09') and an area of 1,875.342 sq. m. (20,186.67 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated May 5, 2010, in which they advise that the subject lands consisting of 42 - 58 River Valley Street comprise five undeveloped lots within Registered Plan 58M-422 in the Hidden Valley. These properties are designated Limited Service COMMITTEE OF ADJUSTMENT 85 MAY 18, 2010 Submission Nos.: B2010-015 to B 2010-018 (Cont'd Residential in the City's Official Plan, and zoned Residential Four Zone (R-2). Surrounding land use is characterized as estate residential. The applicant is proposing a series of lot line additions with the purpose of creating four larger lots from the original five lots. The reason for this request is because of grading issues. Because these are "walk up" lots, the applicant informed staff that increasing the lot width will provide for better orientation of the house and garage access. A recent site visit confirms the grading constraints of these lots and, as a result, staff concurs with the applicant's explanation and rationale for the request. Therefore, staff has no concerns. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the proposed uses of the lands to be severed are in conformity with the City's Official Plan and the Provincial Policy Statement. These lands are fully serviced; however, the owner may be required to make arrangements with Engineering Services to cap any redundant service connections as a result of the lot line adjustments. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated May 11, 2010, in which they advise that they have no objections to this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated May 5, 2010, advising that any approval of this application should include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of electrical servicing to this land, including granting any easements that they may require. They also note that the owner will be required to provide a minimum of 1.Om clearance from the edge of the proposed driveways, existing transformers and street light poles. Ms. Wiebe advised that condition #2 in the staff recommendation and the requested conditions of Kitchener-Wilmot Hydro have already been included in the subdivision agreement. She requested that the words "if required" be added to the end of these conditions, which was agreed to by the Committee. Submission No. B 2010-015 Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Hidden Valley Kitchener Ltd. requesting permission to sever a parcel of land having a width on River Valley Drive of 3.117m (10.22') by a depth of 45.893m (150.56') to be added to Lot 20, Registered Plan 58M-422, on Part Lot 21, Registered Plan 58M-422, 42 River Valley Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owner shall make satisfactory arrangements (financial or otherwise) to the satisfaction of the City's Engineering Services, for the capping of redundant service connections and installation of: all new service connections, new curb and gutter, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, if required. COMMITTEE OF ADJUSTMENT 86 MAY 18, 2010 Submission Nos.: B2010-015 to B 2010-018 (Cont'd) 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained, including the granting of any easements for this purpose, if required. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2012. Carried Submission No. B 2010-016 Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Hidden Valley Kitchener Ltd. requesting permission to sever a parcel of land having a width on River Valley Drive of 7.126m (23.37') by a depth of approximately 51.201 m (167.98') to be added to the remainder of Lot 21, Registered Plan 58M-422, on Part Lot 22, Registered Plan 58M-422, 46 River Valley Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owner shall make satisfactory arrangements (financial or otherwise) to the satisfaction of the City's Engineering Services, for the capping of redundant service connections and installation of: all new service connections, new curb and gutter, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, if required. 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained, including the granting of any easements for this purpose, if required. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 87 MAY 18, 2010 Submission Nos.: B2010-015 to B 2010-018 (Cont'd 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2012. Carried Submission No. B 2010-017 Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Hidden Valley Kitchener Ltd. requesting permission to sever a parcel of land having a width on River Valley Drive of 12.762m (41.87') by a depth of 62.418m (204.78') to be added to Part of Lot 23, Registered Plan 58M-422, on Part Lot 22, Registered Plan 58M-422, 50 River Valley Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owner shall make satisfactory arrangements (financial or otherwise) to the satisfaction of the City's Engineering Services, for the capping of redundant service connections and installation of: all new service connections, new curb and gutter, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, if required. 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained, including the granting of any easements for this purpose, if required. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2012. Carried COMMITTEE OF ADJUSTMENT 88 MAY 18, 2010 Submission Nos.: B2010-015 to B 2010-018 (Cont'd) Submission No. B 2010-018 Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of Hidden Valley Kitchener Ltd. requesting permission to sever a parcel of land having a width on River Valley Drive of 7.31 m (23.98') by a depth of 57.33m (188.09') to be added to Lot 24, Registered Plan 58M-422, on Part Lot 23, Registered Plan 58M-422, 54 River Valley Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owner shall make satisfactory arrangements (financial or otherwise) to the satisfaction of the City's Engineering Services, for the capping of redundant service connections and installation of: all new service connections, new curb and gutter, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, if required. 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained, including the granting of any easements for this purpose, if required. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2012. Carried COMBINED APPLICATIONS 1. Submission Nos.: B 2010-019 & A 2010-033 Applicant: Loren & Tomas John Mackenzie Property Location: 59 Heiman Street Legal Description: Part of Lot 75, Municipal Compiled Plan of Subdivision of Lot 18. German Comaanv Tract As no one appeared in support of these applications, the Committee agreed to defer its consideration of these applications to its meeting scheduled for June 15, 2010. COMMITTEE OF ADJUSTMENT 89 MAY 18, 2010 ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 18th day of May, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment