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HomeMy WebLinkAboutAdjustment - 2010-06-15COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 15, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs D. Cybalski and A. Head OFFICIALS PRESENT: Mr. B. Bateman, 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 Ms. C. Balcerczyk Seconded by Mr. A. Head That the minutes of the regular meeting of the Committee of Adjustment, of May 18, 2010, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT 1. Submission Nos.: B 2010-009 to B 2010-013 Applicant: Will-O Homes Property Location: Rosemount Drive and River Road Leaal Description: Lots 12 & 13. Reaistered Plan 937 Appearances: In Support: O. Smith Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 4 parcels of land and have 1 retained parcel, to create lots for 5 townhouses and to create easements for access and municipal servicing. These parcels of land have the following dimensions: B 2010-009 -width on River Road of 5.677m (18.62'), average depth of 39.5m (128.24'), area of 224.2 sq. m. (2,413.34 sq. ft.); B 2010-010 -width on River Road of 5.677m (18.62'), average depth of 37.91 m (124.37'), area of 215.2 sq. m. (2,316.46 sq. ft.); subject to an easement for rear yard access in favour of land to be severed in B 2010-009. B 2010-011 -width on River Road of 5.677m (18.62'), average depth of 36.32m (119.16'), area of 206.2 sq. m. (2,219.59 sq. ft.); easement for rear yard access in favour of lands to be severed in B 2010-010 and B 2010-009. B 2010-012 -width on River Road of 12.637m (41.45'), depth along Rosemount Drive of 31.986m (104.94'), area of 426.1 sq. m. (4,586.65 sq. ft.); and, easement for municipal services in favour of land to be severed in B 2010-011 and easement for rear COMMITTEE OF ADJUSTMENT 91 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) yard access in favour of lands to be severed in B 2010-009, B 2010-010 and B 2010- 011. Retained Land -width on River Road of 8.418m (27.61') an average depth of 41.48m (136.08') and an area of 350.3 sq. m. (3,770.72 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2010, in which they advise that the subject property is located at the intersection of River Road East and Rosemount Drive and is legally described as Lots 12 and 13, Registered Plan 937. The land is currently being developed, with five street-fronting town homes. The property is designated as Low Rise Residential in the City's Official Plan and zoned Residential Three Zone (R-3) with Special Use Provision 4000 in By-law 85-1. The property was the subject of zone change application R09/11/R/EB, which was approved by Council on March 22nd. The zone change added Special Use Provision 4000 to the property, permitting street fronting townhouse dwellings subject to the regulations found in Section 40.5 of the Zoning By-law. The property was also the subject of site plan application SP09/075/R/EB for five street fronting townhouse dwellings fronting River Road East. The applicant is requesting consent to sever the property into five lots; one lot per street fronting townhouse dwelling. The applicant has also requested servicing and rear yard access easements for the proposed lots, as summarized in the chart below: Parcel Part Purpose of Easement Parcel 1 1 Bell Canada Easement (existing), Services Easement in Favour of Parcels 2, 3, 4 and 5 (proposed) 2 Gas and Electric Services Easement in Favour of Parcel 2, 3, 4 and 5 Parcel 2 3 Gas and Electric Services Easement in Favour of Parcels 3, 4 and 5 4 Bell Canada Easement (existing) Parcel 3 5 Bell Canada Easement (existing), Rear Yard Access Easement in Favour of Parcel 2 (proposed) 6 Rear Yard Access Easement in Favour of Parcel 2 (proposed) 7 Gas and Electric Services Easement in Favour of Parcels 4 and 5 Parcel 4 8 Gas and Electric Services Easement in Favour of Parcel 5 9 Rear Yard Access Easement in Favour of Parcels 2 and 3 (proposed) 10 Bell Canada Easement (existing), Rear Yard Access Easement in Favour of Parcel 2 and 3 (proposed) Parcel 5 11 Bell Canada Easement (existing), Rear Yard Access Easement in Favour of Parcel 2, 3 and 4 (proposed) 12 Rear Yard Access Easement in Favour of Parcels 2, 3 and 4 (proposed) 14 Sanitary and Water Services Easement in Favour of Parcel 4 (proposed) COMMITTEE OF ADJUSTMENT 92 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd Planning comments: The proposed subdivision of the street-fronting townhouse units satisfies the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13. Planning staff has no concerns with the proposed severance, subject to the necessary easements for access and servicing as noted below. Proposed Lotting: The proposed property lines dividing the units result in parcels that comply with the site- specific zoning regulations for street-fronting townhouse units. Planning staff has no concerns with the proposed lotting. Rear Yard Access Easements (Parts 5, 6, 9, 10, 11 and 12): Section 5.21 B(b) of the Zoning By-law, which speaks to Common Element Condominium, notes that each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: direct access on the lot without passing through any portion of the dwelling unit; o r, direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, are secured by a registered easement or are a common element of the condominium. While these street fronting townhomes are being legally separated by severance and not acommon-element condominium, staff feel that it is important to require that measures be taken to provide access to the rear yards of the interior units on the site so that those property owners may be able to travel from their garages to their rear yards with lawnmowers. As such, planning staff supports the request for the rear yard access easements as shown on the plan submitted. Sanitary and Water Services Easement (Part 14) Prior to being redeveloped with the street-fronting townhomes fronting River Road East, the property was two lots fronting Rosemount Drive, with servicing connections onto that street. In an effort to re-use the existing connections on Rosemount Drive, Parcels 4 and 5 are connected to the existing water and sanitary service connections on Rosemount Drive, while new water and sanitary connections are being constructed from River Road East for Parcels 1, 2 and 3. As such, Parcel 4 requires an easement over Parcel 5 where the water and sanitary line crosses from Rosemount Drive. All of the other parcels are serviced directly from the street. Planning staff has no concerns with this proposed easement, as it is consistent with the servicing plan approved during Site Plan review. Gas and Hydro Services Easements (Parts 1. 2. 3. 7 and 8 Gas and Hydro servicing to the individual townhouse units is being provided by means of banking the meters at the end of the unit on Parcel 1 and running the gas and hydro servicing through the units. Therefore, the applicant has requested easements for gas and hydro servicing over Parts 1, 2, 3, 7, and 8 in favour of Parcels 2, 3, 4 and 5, as noted in the table above. These easements would be in favour of one parcel over another and not in favour of the subject utility. The utility companies establish their own easements as required through servicing agreements with the customers at the time of installation, and do not require consent from the Committee of Adjustment. COMMITTEE OF ADJUSTMENT 93 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd The proposed easement over Parts 1, 2, 3, 7 and 8 would effectively be "blanket" easements over the parcels that they create, but until the servicing is installed, its exact location is unknown. However, as building permits have already been issued for the townhomes, planning staff are not concerned that supporting such easements for gas and hydro servicing will create hardship for the development of the property, and support the easements as proposed. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated April 12, 2010, in which they advise that the owner is was required to complete a noise study titled "137-145 River Road Traffic Noise Study" dated January 2010, prepared by Paradign Transportation Solutions, prior to final approval of ZC 09/11/R/EB. The noise study recommended a noise warning clause and the provision for the future installation of central air conditioning. Prior to final approval of the consent, the owner/applicant will be required to enter into a registered development agreement with the City of Kitchener to implement these recommendations. Submission No. B 2010-009 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Will-O Homes requesting permission to sever a parcel of land having a width on River Road of 5.677m (18.62'), average depth of 39.5m (128.24'), area of 224.2 sq. m. (2,413.34 sq. ft.) ;subject to an easement in favour of the lands to be severed in Submission No.'s B 2010-010, B 2010 - 011 & B 2010-012, for gas and electrical services, on Part Lots 12 & 13, Registered Plan 937, River Road and Rosemount Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. 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. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and servicing easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT 94 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) 6. That the owner/applicant shall enter into a registered modified subdivision agreement with the City of Kitchener which shall include the following: a. That all units shall be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central conditioning system by the occupant; and, b. That the following noise warning clause shall be included on all offers of purchase and sale and/or rental agreement for all units: "Due to its proximity to River Road, projected noise levels on this property exceed the Noise Level Objectives approved by The Regional Municipality of Waterloo and may cause concern to some individuals. This dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 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 June 15, 2012. Carried Submission No. B 2010-010 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Will-O Homes requesting permission to sever a parcel of land having width on River Road of 5.677m (18.62'), average depth of 37.91 m (124.37'), area of 215.2 sq. m. (2,316.46 sq. ft.); subject to an easement in favour of the lands to be severed in Submission No.'s B 2010-011 & B 2010-012 for gas and electrical services and subject to a rear yard access easement having a width of 1.8 m (6') in favour of the land to be severed in Submission No.'s B 2010-009, on Part Lots 12 & 13, Registered Plan 937, River Road and Rosemount Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. 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. COMMITTEE OF ADJUSTMENT 95 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and servicing easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That the owner/applicant shall enter into a registered modified subdivision agreement with the City of Kitchener which shall include the following: a. That all units shall be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central conditioning system by the occupant; and, b. That the following noise warning clause shall be included on all offers of purchase and sale and/or rental agreement for all units: "Due to its proximity to River Road, projected noise levels on this property exceed the Noise Level Objectives approved by The Regional Municipality of Waterloo and may cause concern to some individuals. This dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 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 June 15, 2012. Carried Submission No. B 2010-011 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Will-O Homes requesting permission to sever a parcel of land having width on River Road of 5.677m (18.62'), average depth of 36.32m (119.16'), area of 206.2 sq. m. (2,219.59 sq. ft.); subject to an easement for municipal water and sewer, in favour of the lands to be severed in Submission No. B 2010-011, over Part 14 on the plan showing proposed severances prepared by Metz & Lorentz, dated February COMMITTEE OF ADJUSTMENT 96 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) 19, 2010; and, subject to a rear yard access easement having a width of 1.8m (6') in favour of the lands to be severed in Submission No.'s B 2010-009, B 2010-010 & B 2010-011, on Part Lots 12 & 13, Registered Plan 937, River Road and Rosemount Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. 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. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and servicing easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That the owner/applicant shall enter into a registered modified subdivision agreement with the City of Kitchener which shall include the following: a. That all units shall be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central conditioning system by the occupant; and, b. That the following noise warning clause shall be included on all offers of purchase and sale and/or rental agreement for all units: "Due to its proximity to River Road, projected noise levels on this property exceed the Noise Level Objectives approved by The Regional Municipality of Waterloo and may cause concern to some individuals. This dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 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. COMMITTEE OF ADJUSTMENT 97 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) 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 June 15, 2012. Carried Submission No. B 2010-012 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Will-O Homes requesting permission to sever a parcel of land having width on River Road of 12.637m (41.45'), depth along Rosemount Drive of 31.986m (104.94'), area of 426.1 sq. m. (4,586.65 sq. ft.); subject to an easement for municipal water and sewer, in favour of the lands to be severed in Submission No. B 2010-011, over Part 14 on the plan showing proposed severances prepared by Metz & Lorentz, dated February 19, 2010; and, subject to a rear yard access easement having a width of 1.8m (6') in favour of the lands to be severed in Submission No.'s B 2010- 009, B 2010-010 & B 2010-011, on Part Lots 12 & 13, Registered Plan 937, River Road and Rosemount Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. 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. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and servicing easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That the owner/applicant shall enter into a registered modified subdivision agreement with the City of Kitchener which shall include the following: a. That all units shall be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central conditioning system by the occupant; and, b. That the following noise warning clause shall be included on all offers of purchase and sale and/or rental agreement for all units: COMMITTEE OF ADJUSTMENT 98 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) "Due to its proximity to River Road, projected noise levels on this property exceed the Noise Level Objectives approved by The Regional Municipality of Waterloo and may cause concern to some individuals. This dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 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 June 15, 2012. Carried Submission No. B 2010-013 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Will-O Homes requesting permission to give an easement to the lands to be severed in submission No.'s B 2010-009 to B 2010-012 inclusive for gas and electrical services, on Part Lots 12 & 13, Registered Plan 937, River Road and Rosemount Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. 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. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and servicing easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. COMMITTEE OF ADJUSTMENT 99 JUNE 15, 2010 Submission No. B 2010-009 to B 2010-013 (Cont'd) 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That the owner/applicant shall enter into a registered modified subdivision agreement with the City of Kitchener which shall include the following: a. That all units shall be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central conditioning system by the occupant; and, b. That the following noise warning clause shall be included on all offers of purchase and sale and/or rental agreement for all units: "Due to its proximity to River Road, projected noise levels on this property exceed the Noise Level Objectives approved by The Regional Municipality of Waterloo and may cause concern to some individuals. This dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 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 June 15, 2012. Carried COMBINED APPLICATION 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 Company Tract Appearances: In Support: C. Themistocleous Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Heiman Street of 14.518m (47.63') by a depth of 23.216m (76.16') and having an area of 310.46 sq. m. (3,341.87 sq. ft.). The retained COMMITTEE OF ADJUSTMENT 100 JUNE 15, 2010 1. Submission No. B 2010-019 & A 2010-033 (Cont'dl land will have a width on Heiman Street of 15.003m (49.22') by a depth of 26.139m (85.75') along Kehl Street and an area of 363.16 sq. m. (3,909.14 sq. ft.). The proposed use for each property is residential. The applicant is also requesting legalization of the existing house on the retained land having a setback of 2.688m (8.18') from Heiman Street rather than the required 4.5m (14.76'). The Committee considered the report of the Development & Technical Services Department, dated May 11, 2010, in which they advise that the subject property is located at the corner of Heiman Street and Kehl Street. The property is designated Low Rise Residential in the City's Official Plan and zoned Residential Six (R-6) in the City of Kitchener Zoning By-law 85-1. The property features 26.139 metres of frontage onto Kehl Street and 29.521 metres of frontage onto Heiman Street and has a lot area of 673.62 square metres. The property contains a single detached dwelling with a detached garage. The garage is proposed to be demolished. The surrounding land use is a mixture of residential types including single and semi-detached dwellings as well as townhouse dwellings. The applicant is requesting consent to sever a lot that is 310.46 square metres that fronts onto Heiman Street in order to construct a new single detached dwelling. The existing single detached dwelling will remain on the retained lands with 26.138 metres of frontage onto Kehl Street and 15.003 metres onto Heiman Street. Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundations for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety. In that regard, staff are of the opinion that this proposal conforms with the PPS as it is a way of creating new and affordable infill housing that is not disruptive to the neighbourhood while utilizing existing infrastructure. Consent Considerations 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 uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and the future proposed use of the lands, and the lands front on an established public street. The severed and retained lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. The nearby neighbourhood contains a mix of dwelling types including single and semi-detached dwellings and street fronting townhouses on varying lot sizes. The proposed lot would have a width of approximately 14.240 metres, an average depth of 21.80 metres, and an area of 310.46 square metres. The lands to be retained are fully serviced, and services are available for the lands to be severed, however, the owner will be required to make arrangements with Engineering Services to extend water and sanitary services to the property line for the future single detached dwelling. Minor Variance Considerations In addition to the consent application, the Applicant has submitted a minor variance application to legalize the existing front yard on the retained lands. The owner is seeking approval for a front yard setback of 2.688 metres instead of the required 4.5 metres on the retained lands. 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. The Low Rise Residential designation recognizes the existing scale of residential development. The intent is to accommodate a full range of housing types to achieve an overall low density and the proposed COMMITTEE OF ADJUSTMENT 101 JUNE 15, 2010 Submission No. B 2010-019 & A 2010-033 (Cont'd development will not affect such density. The proposed variance to legalize the existing front yard is appropriate. The variance meets the intent of the Zoning By-law as the intent of the 4.5 metres minimum front yard set back is to allow for privacy and separation of the subject property and the street. Heiman Street was previously widened, which caused the reduction of the front yard setback. The existing location of the dwelling has existed for over fifty years. The variance is considered minor as there is adequate separation from the subject property and Heiman Street and as such will likely have minimal impact to adjacent lands. The location of the existing dwelling unit is set back the same distance as other dwellings on Heiman Street. The variance is appropriate for the development and use of the land as the intent of the variance is to legalize an existing situation within an established neighbourhood and no adverse impacts are anticipated as a result of the variance. 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 concerns with this application. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planner, dated May 7, 2010, advising that they have no objection to the above noted severance and minor variances. However, they noted that a portion of the severed and retained parcels are within the floodplain and allowance associated with Shoemaker Creek. Consequently, the subject properties are regulated by the GRCA under the Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Any development within the regulated area of the property will require a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit. Submission No. A 2010-033 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Loren & Tomas John Mackenzie requesting legalization of the existing house on the retained land in Submission No. B 2010-019, having a setback of 2.688m (8.18') from Heiman Street rather than the required 4.5m (14.76'), on Part of Lot 75, Municipal Compiled Plan of Subdivision of Lot 18, German Company Tract, 59 Heiman 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 COMMITTEE OF ADJUSTMENT 102 JUNE 15, 2010 Submission No. B 2010-019 & A 2010-033 (Cont'd) Submission No. B 2010-019 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Loren & Tomas John Mackenzie requesting permission to sever a parcel of land having a width on Heiman Street of 14.518m (47.63') by a depth of 23.216m (76.16') and having an area of 310.46 sq. m. (3,341.87 sq. ft.), on Part of Lot 75, Municipal Compiled Plan of Subdivision of Lot 18, German Company Tract, 59 Heiman Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 2. That the owners shall provide 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 one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands, where required. 5. That the owner shall obtain a permit from the Grand River Conservation Authority, pursuant to Ontario Regulation 150/06, 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 June 15, 2012. Carried This meeting recessed at 9:35 a.m. and reconvened at 10:21 a.m. with the following members present: Ms. C. Balcerczyk and Messers. D. Cybalski and A. Head. COMMITTEE OF ADJUSTMENT 103 JUNE 15, 2010 NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2010-034 Applicant: John & Catherine Maine Property Location: 76 Troy Street Legal Description: Lot 12, Plan 232 Appearances: In Support: J. Maine Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a porch to have a setback from Troy Street of 3.421 m (11.22') rather than the required 4.5m (14.76') and legalization of a house having a 0.91 m (3') northerly side yard rather than the required 1.2m (3.93'). The Committee considered the report of the Development and Technical Services Department, dated June 7, 2010, advising that the subject property is located at 76 Troy Street and contains asingle-storey residential building, constructed in 1941. The subject property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Four Zone (R-4) in By-law 85-1. The applicant is requesting relief from subsection 38.2.1 of the Zoning By-law to permit a minimum front yard setback of 3.421 metres for a covered porch, whereas the zoning requires a minimum front yard setback of 4.5 metres. The applicant has illustrated the footprint of the proposed porch on the plan that accompanied the application circulated to the Committee members. The applicant has also requested that an existing side yard setback of 0.914 metres be recognized, as the current zoning requires a minimum side yard setback of 1.2 metres. However, section 5.15 of the zoning by-law notes that in residential zones, buildings that were in existence on or before October 11, 1994 shall be deemed to comply with the regulations for a side yard. Considering that the house was constructed in 1941 and the proposal before staff for consideration does not impact this side yard, staff see no need to specifically recognize this setback as it is covered by section 5.15 of the zoning by-law. With regards to the variance requested, Planning staff offer the following comments 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. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed porch addition for 76 Troy Street is consistent with the policies of the Low Rise Residential designation. Therefore, the proposed variance meets the intent of the Official Plan. The intent of the requirement for a minimum front yard setback is to allow adequate space for afront-yard amenity area, and to create a separation between a residential building and the public right of way for privacy, maintenance and safety purposes, and to establish a consistent streetscape. The proposal still allows nearly 3.4 metres (11 feet) of front yard amenity area. Furthermore, adjacent properties have front yard setbacks that appear to be less than what is required by the current zoning, likely due to the age of the neighbourhood. The proposed front yard setback reduction maintains a front yard amenity area and would not be out of character with the streetscape on that COMMITTEE OF ADJUSTMENT 104 JUNE 15, 2010 Submission No. A 2010-034 (Cont'd block of Troy Street; therefore planning staff feels that the intent of the Zoning By-law is maintained. The existing un-covered front porch is located 3.894 metres from the front lot line, which means that the proposed porch will only extend 0.5 metres (or about a foot and a half) closer to the front lot line than what is currently there. Staff considers the variance requested to be minor in nature. The variance can be considered desirable for the appropriate development and use of the subject lands because it will allow a modification to the existing dwelling to meet the needs of its occupants without causing disrupting the streetscape on that block of Troy Street. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of John & Catherine Maine requesting permission for a porch to have a setback from Troy Street of 3.421 m (11.22') rather than the required 4.5m (14.76'), on Lot 12, Plan 232, 76 Troy 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 Nos.: A 2010-035 Applicant: Christian, Stephan, Patrick & Elisabeth Gerling Property Location: 7 & 23 Old Chicopee Drive & 80 Holborn Drive Legal Description: Part Lot 1, Lots 2 & 3, Plan 1278, being Parts 6 to 9. Reference Plan 58R-494 Mr. A. Head declared a pecuniary interest in this application as Dryden, Smith & Head Planning Consultants represents the applicant, and he did not participate in any discussion or voting with respects to this application; which was considered by the remaining 2 members. Appearances: In Support: A. Galloway Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to remove the existing parking structure and replace it with surface parking such that 161 off-street parking spaces will be provided rather than the required 242 off-street parking spaces. The Committee considered the report of the Development and Technical Services Department, dated June 7, 2010, advising that the subject property is zoned Residential COMMITTEE OF ADJUSTMENT 105 JUNE 15, 2010 Submission No. A 2010-035 (Cont'd Nine (R-9) and designated a Mixed Use Node in the Official Plan. The site contains three (3) apartment buildings with a total of 161 dwelling units that share atwo-level parking garage that contains 161 parking spaces located in the rear of the property. The applicant has advised that the deteriorating existing parking garage structure is proposed to be demolished and will be replaced with an on-surface parking lot. The existing parking garage contains 161 parking spaces and the owner is proposing to provide the same number of parking spaces for the proposed on-surface parking lot. Section 6.1.2 a) of the Zoning By-law requires 1.5 parking spaces for multiple dwellings totaling 61 dwelling units or more. There are a total of 161 multiple residential dwelling units on the subject property that require 242 parking spaces to be provided on site. Since the proposed on-surface parking lot will only provide 161 parking spaces, the applicant is requesting relief from the Section 6.1.2 a) of the Zoning By-law for a parking reduction from the required 242 parking spaces to the proposed 161 parking spaces. Staff has had a further discussion with the City's Legal Department pertaining to this minor variance application. Staff is of the opinion that the variance can be considered minor as the applicant is proposing to provide the same number of existing parking spaces. The proposed redevelopment of the site will not intensify or increase the usability of the site. Transportation Planning staff is also of the opinion that since the same number of parking spaces are proposed for the future redevelopment of the site, the functionality will not be impacted as a result. The proposed redevelopment of the site will be required to go through the City's Site Plan Approval process and will recognize any outstanding conditions that may apply outside of the Committee of Adjustment approval process such as lighting, landscaping requirements etc. 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. The Mixed Use Node designation is intended to serve an inter-neighbourhood function and allow for intensive, transit supportive development in a compact form. The Official Plan also states that staff may consider reduced parking requirements for specific developments within this designation. The request for a reduction in parking requirements is consistent with the policies of the Official Plan and may be considered as a step towards promoting transit oriented development by avoiding an excessive amount of parking which is not actually required for the adequate functioning of a site. The variance meets the intent of the Zoning By-law. The applicant has advised that the redevelopment of the site will provide the same number of existing parking spaces. The intent of the Zoning By-law parking requirement is to allow for sufficient parking and proper functioning of the site. The applicant is not proposing any other development that will increase or intensify the usability of the site. Therefore, the proposed variance meets the intent of the Zoning By-law by providing the same number of parking spaces as the existing parking structure. The variance can be considered minor. The proposed on-surface parking lot will provide the same number of existing parking spaces. Even though the parking spaces proposed in the on-surface parking lot is less than the requirement of the Zoning By-law, staff is of the opinion that since the site will not intensify or increase in usability, the reduction in parking requirements will not impede the functionality of the site. The variance is appropriate for the development and use of the land as Planning, Legal and Transportation Planning staff are all of the opinion that the proposed on-surface parking lot will provide sufficient parking for the development and use of the site and will not cause impedance as a result. COMMITTEE OF ADJUSTMENT 106 JUNE 15, 2010 Submission No. A 2010-035 (Cont'd The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. The Chair advised that the Committee will impose conditions that the applicant shall receive siteplan approval and that the ultimate development be generally in accordance with the sketch #2 provided with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. D. Cybalski That the application of Christian, Stephan, Patrick & Elisabeth Gerling requesting permission to remove the existing parking structure and replace it with surface parking such that 161 off-street parking spaces will be provided rather than the required 242 off- street parking spaces, on Part Lot 1, Lots 2 & 3, Plan 1278, being Parts 6 to 9, Reference Plan 58R-494, 7 & 23 Old Chicopee Drive & 80 Holborn Drive, Kitchener, Ontario, BE APPROVED; subject to the following condition: 1. That the owners shall receive approval of a site plan from the Director of Planning, which site plan shall be in general accordance with sketch #2 submitted with Submission No. A 2010-035. 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 Nos.: A 2010-036 Applicant: Gary Cook & Heather Zinkiewich Property Location: 98 Corfield Drive Legal Description: Part Block 124, Plan 1647 Appearances: In Support: G. Cook Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a detached garage to have a setback from Corfield Drive of 3m (9.84') rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated June 7, 2010, advising that the subject property is located at 98 Corfield Drive and contains atwo-storey stone residential building, constructed in 1825, with asingle-storey board and batten addition. The subject property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Three Zone (R- 3) in By-law 85-1. The applicant is requesting relief from subsection 6.1.1.1.b(i) of the Zoning By-law to permit a garage to be constructed with a minimum setback of 3.0 metres abutting a streetline, whereas the by-law requires a minimum setback of 6.0 metres. The applicant is proposing to construct a detached accessory structure (garage) with a COMMITTEE OF ADJUSTMENT 107 JUNE 15, 2010 Submission No. A 2010-036 (Cont'd ground floor area of approximately 67m2 with a total height of approximately 4.1 metres. Based on a sample illustration submitted with the application package, the proposed garage will have two overhead garage doors and two man doors that will all be facing internal to the site. The structure will be finished with board and batten to match the addition to the house. With regards to the variance requested, Planning staff offers the following comments 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. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed detached accessory structure (garage) is consistent with the policies of the Low Rise Residential designation. Therefore, the proposed variance meets the intent of the Official Plan. The intent of the requirement for a minimum setback of 6.0 metres for a structure that houses off-street parking is to facilitate a streetscape where the active living areas, such as front doors and porches, are featured closer to the street than garages and parked cars. On this particular lot, the side yard abutting Corfield Drive is elevated above the street and sidewalk by a retaining wall that is over a metre tall. The retaining wall has a chain link fence installed on top of it, and mature vegetation including vines, conifer trees and deciduous bushes and trees are located between the fence and the location of the proposed garage. Furthermore, the garage structure is to be accessed from a driveway running internal to the site, and not from Corfield Drive. Given that the subject yard is elevated from the street and sidewalk and is screened from view by mature vegetation, and considering that driveway access from Corfield Drive is not proposed, planning staff feels that the intent of the Zoning By-law is maintained. The applicant has noted that none of the existing trees on the property are to be impacted by the proposal. Since the proposed garage will not be facing Corfield Drive, the 3 metre setback proposed from the property line can be utilized for landscaping to further screen the structure from the street. The applicant may also consider installing windows in the side and rear facades of the garage, as a means to avoid have a blank wall facing the streetline. However, considering the elevation change between the street and the property, and the existence of mature vegetation already screening the yard, staff only regards this as a suggestion. Staff considers the variance requested to be minor in nature. The variance can be considered desirable for the appropriate development and use of the subject lands because it will allow a modification to the existing property to meet the needs of its occupants without causing significant disruption to the existing streetscape on Corfield Drive. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. As a comment on the staff report, the Chair stated that a condition of approval will require the elevations and building materials for the proposed garage will have to be approved by staff. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Gary Cook & Heather Zinkiewich requesting permission to construct a detached garage to have a setback from Corfield Drive of 3m (9.84') rather than the required 6m (19.68'), on Part Block 124, Plan 1647, 98 Corfield Drive, Kitchener Ontario, BE APPROVED; subject to the following conditions: 1. That the owner shall receive approval from the Director of Planning the elevations for and the materials to be used for the proposed detached garage. COMMITTEE OF ADJUSTMENT 108 JUNE 15, 2010 Submission No. A 2010-036 (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 Nos.: A 2010-037 Applicant: Andre & Tiina Rendas Property Location: 329 Frederick Street Leaal Description: Lot 4, Plan 301 Mr. Bateman advised the Committee that Planning staff determined that this application is not required; consequently the application has been withdrawn. Submission Nos.: A 2010-038 Applicant: Damier Hasanagic Property Location: 24 Madison Avenue South Legal Description: Part Lot 19, Plan 365 Appearances: In Support: D. Hasanagic J. Clinkett Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 2 parking spaces in tandem, in the existing driveway, for a dwelling unit and sandwich shop (take-out) rather than the required 2 parking spaces that will allow for independent entry and exit from the property. The Committee considered the report of the Development and Technical Services Department, dated June 7, 2010, advising that the subject property is located at 24 Madison Avenue South and is developed with a single detached dwelling. The property is zoned Commercial Residential Four (CR-4) with Special Regulation 121 U, 145U in the Zoning By-law and is designated a Mixed Use Corridor in the Official Plan. The owner is proposing to convert the front porch area of the existing dwelling unit into a sandwich shop (restaurant) that will be approximately 10.65 sq. m. This use will require one parking space in addition to the one parking space required for the existing residential unit. The applicant is requesting permission from the Committee of Adjustment to allow the second parking space to be arranged in tandem. In addition, the applicant is requesting relief from Section 47.2.3 to allow a 11.3 m lot width rather than the required 16.0 m and to allow a front yard setback of 2.41 m rather than the required 3.0 m. 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 variances meet the intent of the Official Plan. The Mixed Use Corridor designation permits a mixture of commercial and residential uses and allows for uses that will serve the adjacent residential neighbourhoods and employment areas. Staff have been COMMITTEE OF ADJUSTMENT 109 JUNE 15, 2010 Submission No. A 2010-038 (Cont'd advised that the owner's intent is to propose a small scale sandwich shop that will serve the patrons of the nearby school and residents in the area. The variances meet the intent of the Zoning By-law. The required parking space for the restaurant use can be fully accommodated on the existing driveway by having it arranged in tandem without encroaching onto the street right-of-way. The additional requested minor variances recognize an existing situation and will legalize the current lot width and front yard setback. The variances are considered minor because the required parking space for the restaurant use can be successfully accommodated on site without encumbrances to the surrounding lands. The reduction in the lot width and front yard setback recognize an existing situation and will not have an impact to adjacent lands and overall neighbourhood. The variances are appropriate for the development and use of the land as the scale of the proposed restaurant will be compatible with the surrounding development within the King Street East Mixed Use Corridor and staff is of the opinion that the proposed use will not cause any impacts to the adjacent lands. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Ms. C. Balcerzyk That the application of Damier Hasanagic requesting permission to provide 2 parking spaces in tandem, in the existing driveway, for a dwelling unit and sandwich shop (take- out) rather than the required 2 parking spaces that will allow for independent entry and exit from the property; and a lot width of 11.5m (37.72') rather than the required 16m (52.49') and a front yard setback of 2.41 m (7.9') rather than the required 3m (9.8') on Part Lot 19, Plan 365, 24 Madison Avenue South, Kitchener Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain an Occupancy Permit from the City's Planning Division for the proposed restaurant. 2. That the owner shall obtain a Building Permit from the City's Building Division for the proposed restaurant. 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 Nos.: A 2010-039 Applicant: Douglas & Lisa Jewer Property Location: 464 Manchester Road Leaal Description: Lot 20. Plan 841 Appearances: In Support: L. Lee Stricklan COMMITTEE OF ADJUSTMENT 110 JUNE 15, 2010 Submission No. A 2010-036 (Cont'd Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a covered porch which will have a setback from an arterial road (River Road) of 5.6m (18.37') rather than the required 12m (39.37'). The Committee considered the report of the Development and Technical Services Department, dated June 7, 2010, advising that the subject property is located at 464 Manchester Road 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 Three (R-3) in Zoning By-law 85-1. The subject property has a lot width of 20.42 metres (67 feet) and a depth of 36.58 metres (120 feet) and a lot area of approximately 746 square metres. The owner is requesting relief from Section 5.24 of Zoning Bylaw 85-1 to reduce the required front yard setback from an arterial road to 5.6 metres whereas 12.0 metres is required. The owner is requesting the variance in order to construct a covered porch in the front yard. 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. 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 464 Manchester allows for the construction of a new covered porch in the front yard. The variance meets the intent of the Zoning By-law as the intent of the 12.0 metres front setback from an arterial street to allow for a separation of interior living space and the adjacent arterial road, River Road. The intention of the increased setback is to allow for noise mitigation. The owner is proposing to construct a covered porch within the front yard, which is considered part of the principle building. No new indoor living space will be located within the proposed addition. The covered porch will function as outdoor living space only, which is already subject to noise from River Road. The variance is considered minor as there is adequate separation from the subject property and the street and as such will likely have minimal impact to adjacent lands. No new interior living space is being proposed to be located closer to the street. 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 June 8, 2010, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Douglas & Lisa Jewer requesting permission to construct a covered porch which will have a setback from an arterial road (River Road) of 5.6m (18.37') rather than the required 12m (39.37'), on Lot 20, Plan 841, 24 464 Manchester Road, Kitchener Ontario, BE APPROVED; subject to the following condition: COMMITTEE OF ADJUSTMENT 111 JUNE 15, 2010 Submission No. A 2010-039 (Cont'd) That the owner shall obtain approval of a Building Permit for the covered porch prior to commencing construction. 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 CONSENT Submission Nos.: B 2010-020 Applicant: South Kitchener Holdings c/o Trammell Crow Company Property Location: 800 Wilson Avenue Legal Description: Part Lots 1 to 9 ,Reference Plan 58R-16142 Appearances: In Support: C. Baker Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a with of 5.5m (18.04') by a depth of 209.44 m (687.13') and an area of 1,151.92 sq. m. (12,399.56 sq. ft.) to be conveyed as a lot addition to the abutting property. This property is also the subject of Site Plan Application S P08/03/G/KA. The Committee considered the report of the Development & Technical Services Department, dated June 4, 2010, in which they advise that the applicant is requesting a consent to sever a 5.5 metre wide parcel of land from the lands located at the corner of Wabinaki Drive and Wilson Avenue, as a lot addition to 800 Wilson Avenue. This 5.5 metre wide parcel of land will accommodate approximately 60 additional parking spaces for the industrial use at 800 Wilson Avenue. Planning and Transportation Planning staff note that site plan approval will be required for the proposed parking spaces; however, it appears that the location and orientation of the lands will be suitable for this purpose. The lands located at the corner of Wabinaki Drive and Wilson Avenue are currently vacant and are designated and zoned for industrial uses. The lands at 800 Wilson Avenue currently contain a large industrial building which is occupied by a number of tenants. These lands were both originally part of the Goodrich plant which has been separated into a number of parcels (including the City's Consolidated Maintenance Facility). The subject lands were previously considered by the Committee of Adjustment in 2008 (application B2008-001) to sever the lands known as 800 Wilson Avenue from the balance of the lands. Further to the Committee's decision in 2008, the application was appealed to the Ontario Municipal Board (OMB), and the OMB approved the consent. The deed associated with the 2008 consent has not yet been endorsed and the plans have not been lodged with the Registry Office. The applicant has requested that this lot addition be considered in advance of the original lot being created so that both deeds may proceed at the Registry office together to avoid multiple land transfers. Subject to the conditions, staff has no concerns with this approach. COMMITTEE OF ADJUSTMENT 112 JUNE 15, 2010 Submission No. B 2010-020 (Cont'd 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, staff is satisfied that the proposed lot addition is desirable and appropriate. The configuration of the severed lands is suitable for the development of the uses permitted in the zoning and any future development should be compatible with the existing lot fabric. Therefore, the consent is not considered to be premature or pre-determining the outcome of future planning processes. It is the opinion of staff that the proposed lot addition is consistent with the Provincial Policy Statement issued under subsection 3(1) of the Act, does not conflict with the Places to Grow Growth Plan for the Greater Golden Horseshoe, and conforms to the Regional Official Plan and City of Kitchener Official Plan. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 8, 2010, in which they advise that they have no objections to this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of South Kitchener Holdings c/o Trammell Crow Company requesting permission to sever a parcel of land having a with of 5.5m (18.04') by a depth of 209.44 m (687.13') and an area of 1,151.92 sq. m. (12,399.56 sq. ft.) to be conveyed as a lot addition to the abutting property, on Part Lots 1 to 9 ,Reference Plan 58R-16142, 800 Wilson Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. That the owner 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. 3. That the Certificate of Official shall only be issued following, or together with, the Certificate of Official associated with Submission No. B 2008-001 (131 Goodrich Drive). 4. a) That the Severance Deed/Transfer associated with Submission No. B2010-020 may only be registered following the registration of, or on the same Deed/Transfer as the Severance Deed associated with Submission No. B2008-01 (131 Goodrich Drive) and that the lands to be severed shall be added to the abutting lands at 800 Wilson Avenue and that title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. b) That the owner's Solicitor shall provide a Solicitor's Undertaking to register an `Application to Consolidate Parcels' immediately following the registration of the Severance Deeds and prior to any new applicable mortgages, and to provide a copy of the registered `Application Consolidation Parcels' to the City Solicitor within a reasonable time following registration. COMMITTEE OF ADJUSTMENT 113 JUNE 15, 2010 Submission No. B 2010-020 (Cont'd) 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 June 15, 2012. Carried Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B 2010-021 York Nursery Ltd 1541 Highland Road West Part Lot 38, German Company Tract B. Blackmere None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land at the rear of the property (York Nursery) to have a width along the rear lot line of 76.29m (250.29'), a depth along the easterly side of 98.97m (324.7'), and along the westerly side of 140.36m (460.49') and an area of 0.82 ha (2 acres). This land will have access to Rauch Court and will be developed through Draft Plan of Subdivision 30T-94001 for 14 semi-detached homes. The retained land will have a frontage on Highland Road of 245.14m (804.26'), an irregular shape and have an area of 0.46 ha (1.1362 acres) and will continue to be used as a nursery. The Committee considered the report of the Development & Technical Services Department, dated June 5, 2010, in which they advise that the subject lands are municipally addressed as 1541 Highland Road West and are owned and operated by York Nursery Ltd. These lands have frontage onto Highland Road West and have an area of 1.31 hectares. Approximately two-thirds of the front portion of the property is occupied by the nursery with the rear one-third portion undeveloped. The rear half of the subject lands are affected by residential plan of subdivision, 30T-94001. 30T-94001 was draft approved and zoned for 7semi-detached lots in 1996. These lands are dual designated in the City's Official Plan as Arterial Commercial/Low Rise Residential reflecting the existing commercial use and the residential plan of subdivision. Subsequently, the zoning is C-6 and R-4 in accordance with Official Plan designations. Surrounding land use is low rise residential to the north, south and west and a hydro corridor to the east. A site visit occurred on June 5, 2010. The owner has applied to the Committee for consent to sever land from the existing York Nursery operation. The purpose is to sever off the draft approved lands as a block of land and convey it to a developer who will develop the subdivision. The proposed severed block of land will have an area of 0.82 hectares and the retained lands will have 0.46 hectares. The retained lands will have frontage onto Highland Road West while COMMITTEE OF ADJUSTMENT 114 JUNE 15, 2010 Submission No. B 2010-021 (Cont'd the severed lands will have frontage onto Rauch Court. Servicing of the retained lands is also from Rauch Court and future development of the subdivision will require the registration of plan of subdivision 30T-94001. 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 uses of both the severed and retained parcels are in conformity with the City's Official Plan and the PPS, the dimensions and shapes of the proposed blocks are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on established public streets, and both parcels of land are/can be serviced with independent and adequate service connections to municipal services. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 8, 2010, in which they advising that due to the existing traffic volumes on both Ira Needles Boulevard and Highland Road, the owner/applicant shall prepare a Noise Study to indicate the methods to be used to abate noise levels for all residential lots adjacent to both Ira Needles Boulevard and Highland Road from traffic noise generated on this road and if necessary, shall enter into a registered agreement with the City of Kitchener to provide for the implementation of the approved study. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated June 2, 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. Mr. Blackmeir advised that the land being severed will be added to the abutting draft plan of subdivision and the draft approval is subject to conditions for a noise study and electrical servicing satisfactory to Kitchener-Wilmot Hydro. The Chair expressed a concern that the land may be severed but not be added to the subdivision. The Chair agreed that those conditions could be included in an agreement, with the agreement to be the condition that must be fulfilled prior to final consent approval. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of York Nursery Ltd. requesting permission to sever a parcel of land at the rear of the property (York Nursery) to have a width along the rear lot line of 76.29m (250.29'), a depth along the easterly side of 98.97m (324.7'), and along the westerly side of 140.36m (460.49') and an area of 0.82 ha (2 acres), on Part Lot 38, German Company Tract, 1541 Highland Road West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. That the owner 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. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall make satisfactory arrangements to remove any existing structures located within the block of land to be severed. COMMITTEE OF ADJUSTMENT 115 JUNE 15, 2010 Submission No. B 2010-021 (Cont'd) 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title which shall include the following: That the owner shall make satisfactory arrangements with Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed, which shall include granting them any easements they may require. That the owner shall prepare a Stationary Noise Assessment to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate noise levels between the residential uses and adjacent nursery, and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. c. That the owner shall prepare a Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from both Ira Needles Boulevard and Highland Road and if necessary, shall provide for implementation of the approved noise study attenuation measures. 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 June 15, 2012. Carried COMBINED APPLICATION Submission Nos.: B 2005-010, B 2010-022 & A 2010-041 Applicant: Mark Goodyear & Anna St. John Property Location: 28 Bismark Avenue Legal Description: Part Lot C, Plan 386, being Parts 1 & 2, Reference Plan 58R-1758 Appearances: In Support: E. Butt Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 116 JUNE 15, 2010 Submission Nos.: B 2005-010. B 2010-022 & A 2010-041 (Cont'd The Committee was advised that the applicant is requesting permission to create 2 new lots and 1 retained lot. The retained lot will have a frontage on Bismark Avenue of 13.72 m (45.01') and a depth of 43.2 m (147.73') along Duke Street West, and have an area of 467 sq. m. (5,026.91'). The retained land will contain the existing duplex. The applicants also request legalization of the location of the existing duplex having a front yard setback of 3.18m (10.43') from Duke Street rather than the required 4.5m (14.76'). Through applications B 2005-010 and B 2010-022, the applicants are requesting permission to create 2 new parcels of land for single family dwellings. The first parcel of land will have a frontage on Duke Street West of 22.19m (72.8'), a depth on the easterly side of 14.81 m (48.58') and on the westerly side of 20.32m (66.67') and an area of 372 sq. m. (4,004.3 sq. ft.). The second parcel of land will have a frontage on Duke Street West of 13.96m (45.8'), a depth on the easterly side of 20.32m (66.67'), a depth on the westerly side of 21.607m (70.88') and an area of 235 sq. m. (2,529.6 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2010, in which they advise that the subject property is located on Bismark Avenue, one property west of the intersection of Duke Street West and Bismark Avenue. The property is an irregular shaped lot with 13.72 metres of frontage on Bismark Avenue and 46.45 metres of frontage on Duke Street. The property contains aone-storey duplex dwelling located toward the Duke Street frontage, which was constructed in approximately 1959. The property also contains a detached garage which slightly encroaches onto the adjacent property to the west. The portion of the property with adjacent to Duke Street is vacant, contains a number of mature trees, and contains a driveway leading to the above noted detached garage. The subject property is designated Low Rise Residential in the City's Official Plan and is zoned Residential Five (R-5) in the City's Zoning By-law. In February 2005, the owner of the property applied for consent to sever the portion of property with frontage on Duke Street from the portion of property containing the duplex dwelling for the purposes of constructing a triplex on the proposed new lot. This proposal was met with considerable opposition from the surrounding neighbourhood. Concerns mainly focused on the undesirability of the proposed multi-unit residential use. At that time, the Committee of Adjustment deferred the application on the basis that an accompanying minor variance application was also required (front yard reduction for existing duplex) and that it should be considered at the same time as the consent application. The Committee also directed City staff to work with the applicant and the neighbours to try to resolve the neighbourhood issues prior to submission of the minor variance and hearing of the applications. Since that time, City staff met with the owners of the property and the newly appointed applicant to discuss how neighbourhood issues might be resolved. As a result of these discussions, the applicant has formally modified the proposal to include two consent applications and one minor variance application. Through the consent applications, the owner is proposing to create two new lots by severing the rear portion of the property (previously the owner had requested only one new lot). Application B2005-010 proposes a new lot with 22.19 metres of frontage on Duke Street, a depth ranging from 14.61 metres to 20.32 metres, and an area of 372 square metres. Application B2010-022 proposes a new lot with 13.96 metres of frontage on Duke Street, a depth ranging from 20.32 metres to 21.61 metres, and an area of 235 square metres. The retained lot would contain the existing duplex, would have 13.72 metres of frontage on Duke Street, a lot depth ranging from 26.41 metres to 43.29 metres, and a lot area of 467 square metres. A sketch provided with the applications demonstrates that a single detached dwelling may be provided on each new lot in compliance with the existing R-5 zoning. COMMITTEE OF ADJUSTMENT 117 JUNE 15, 2010 Submission Nos.: B 2005-010. B 2010-022 & A 2010-041 (Cont'd It should be noted that under the current proposal, a triplex could not be constructed on any of the three parcels without further Planning Act approval due to the inadequate lot areas (a minimum lot area of 495.0 square metres is required, whereas the largest proposed lot has a lot area of only 467 square metres). 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 uses of both the severed and retained parcels are in conformity with the City's Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed uses, the lands front on an established public street, and adequate utilities and municipal services are available. Also, the resultant lots will be compatible in size with the lots in the surrounding area. Minor variance application A2010-041 is requested to facilitate the two consent applications. The existing duplex has a front yard that is legal for the existing site characteristics. Through the proposed consent applications, the site characteristics would change, necessitating approval of a minor variance application. In this regard, the owner is requesting a minimum front yard of 3.18 metres for the existing building whereas the Zoning By-law requires 4.5 metres. 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 proposed minor variance meets the intent of the Official Plan since it facilitates the retention of existing housing stock and does not conflict with any proposed road widenings. The variance meets the intent of the Zoning By-law since no transportation safety issues have been identified and the existing setback is consistent with other front yards along this portion of Bismark Avenue. The variance is minor since it does not create any unacceptable adverse impacts on adjacent properties (note that the proposed setback has existed for approximately 50 years). The variance is appropriate for the desirable development and use of the land since it will facilitate the severance of land that may be most appropriately used for infill development. Intensification of this kind is a goal of the City, Region, and Province. Staff notes that the existing detached garage is not in compliance with the Zoning By- law. As above noted, the garage encroaches onto the adjacent property to the west. Since the site characteristics are proposed to change through the consent applications, this issue must be adequately dealt with at this time. The Zoning By-law requires a setback for accessory buildings of 0.6 metres from the side lot line, whereas the existing garage encroaches by 0.15 metres. In this case, the owner has agreed in writing to demolish the garage on the condition that consent and minor variance approval is obtained. Planning staff is prepared to support the proposed applications subject to a number of conditions, including but not limited to the following: • That the existing detached garage is relocated to the satisfaction of the City or demolished, • That a tree preservation plan is prepared, approved, and implemented, • That redundant driveways are to be removed and curbing and boulevard reinstalled, • That new service connections are to be installed to both severed parcels and any redundant service connections are to be removed. Staff notes that a letter was circulated to all community members who made written comment respecting the original proposal in 2005. This letter summarized the original proposal and advised of the proposed formal revision to the applications. The letter further advised of where further information on the applications could be sought. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 8, 2010, in which they advise that the site is located within 200 metres of the W.S.J.R Railway (Region of Waterloo main line). As a result, COMMITTEE OF ADJUSTMENT 118 JUNE 15, 2010 Submission Nos.: B 2005-010. B 2010-022 & A 2010-041 (Cont'd prior to final approval, the owner/applicant shall prepare a Rail Noise/Vibration Study for the vacant severed lands to indicate the methods to be used to abate noise levels from rail noise generated on this line and if necessary, shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved study. Due to the proximity of the Railway to the proposed lot, the owner/applicant will be required to enter into an agreement with the Regional Municipality of Waterloo for the retained lands to include the following warning clause in all offers of purchase and sale and/or rental agreements: "Due to the proximity of the W.S.J.R Railway, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." Should the Rail Noise/Vibration Study demonstrate that no noise mitigation is required, the Region may consider waving the requirement for an agreement on the retained parcel. Mr. Butt questioned whether a noise study had been completed at some previous time. Mr. Bateman explained that the Region is within their right to request one at this time. In response to a question from Mr. Butt, Mr. Bateman explained the procedure for determining 5% of the value of the land for the cash-in-lieu of parkland dedication. Submission No. A 2010-041 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Mark Goodyear & Anna St. John requesting legalization of the location of the existing duplex having a front yard setback of 3.18m (10.43') from Duke Street rather than the required 4.5m (14.76'), on Part Lot C, Plan 386, being Parts 1 & 2, Reference Plan 58R-1758, 28 Bismark Avenue, 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. B 2005-010 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Mark Goodyear & Anna St. John requesting permission to sever a parcel of land will have a frontage on Duke Street West of 22.19m (72.8'), a depth on the easterly side of 14.81 m (48.58') and on the westerly side of 20.32m (66.67') and an area of 372 sq. m. (4,004.3 sq. ft.), on Part Lot C, Plan 386, being Parts 1 & 2, Reference Plan 58R-1758, 28 Bismark Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. COMMITTEE OF ADJUSTMENT 119 JUNE 15, 2010 1. Submission Nos.: B 2005-010, B 2010-022 & A 2010-041 (Cont'd) 2. That the owners shall provide 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 one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall relocate or demolish the existing detached garage to the satisfaction of the City's Director of Planning. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and remove any redundant service connections to the satisfaction of the City's Engineering Services. 6. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following or shall obtain written confirmation from the City's Environmental Planner that no such agreement is necessary: That prior to the commencement of any grading on the site or the application submission of or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: a) the proposed the proposed location of all buildings (including accessory buildings and structures), decks and driveways; b) the location of any existing buildings or structures to be removed or relocated; c) the proposed grading and drainage details; d) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; e) justification of any trees to be removed; and, f) tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan shall require the approval of the City's Director of Planning. 8. That the owners/applicants shall prepare a Rail Noise/Vibration Study to indicate the methods to be used to abate noise levels from rail noise generated from the W.S.J.R Railway; and, if necessary, the owner/applicant shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved study. 9. That the owners/applicants shall enter into a registered agreement with the Regional Municipality of Waterloo to implement the following noise warning clause to be required on all units and must be included in all offers of purchase/sale deeds and tenancy agreements for the severed property: COMMITTEE OF ADJUSTMENT 120 JUNE 15, 2010 Submission Nos.: B 2005-010, B 2010-022 & A 2010-041 (Cont'd) "Due to the proximity of the W.S.J.R Railway, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." 10. That the owners shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed, including granting them any easements they may require. 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 June 15, 2012. Carried Submission No. B 2010-022 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Mark Goodyear & Anna St. John requesting permission to sever a parcel of land will have a frontage on Duke Street West of 13.96m (45.8'), a depth on the easterly side of 20.32m (66.67'), a depth on the westerly side of 21.607m (70.88') and an area of 235 sq. m. (2,529.6 sq. ft.), on Part Lot C, Plan 386, being Parts 1 & 2, Reference Plan 58R-1758, 28 Bismark Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 2. That the owners shall provide 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 one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall relocate or demolish the existing detached garage to the satisfaction of the City's Director of Planning. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands; and, the removal of any redundant service connections, to the satisfaction of the City's Engineering Services. COMMITTEE OF ADJUSTMENT 121 JUNE 15, 2010 Submission Nos.: B 2005-010, B 2010-022 & A 2010-041 (Cont'd) 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following or shall obtain written confirmation from the City's Environmental Planner that no such agreement is necessary: That prior to the commencement of any grading on the site or the application submission of or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: a) the proposed the proposed location of all buildings (including accessory buildings and structures), decks and driveways; b) the location of any existing buildings or structures to be removed or relocated; c) the proposed grading and drainage details; d) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; e) justification of any trees to be removed; and f) tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan shall require the approval of the City's Director of Planning. 8. That the owners/applicants shall prepare a Rail Noise/Vibration Study to indicate the methods to be used to abate noise levels from rail noise generated from the W.S.J.R Railway. If necessary, the owner/applicant shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved study. 9. That the owners/applicants shall enter into a registered agreement with the Regional Municipality of Waterloo to implement the following noise warning clause to be required on all units and must be included in all offers of purchase/sale deeds and tenancy agreements for the severed property: "Due to the proximity of the W.S.J.R Railway, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." 10. That the owners shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed, including granting them any easements they may require. 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. COMMITTEE OF ADJUSTMENT 122 JUNE 15, 2010 Submission Nos.: B 2005-010, B 2010-022 & A 2010-041 (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 June 15, 2012. Carried ADJOURNMENT On motion, the meeting adjourned at 10:51 a.m. Dated at the City of Kitchener this 15th day of June, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment