Loading...
HomeMy WebLinkAboutAdjustment - 2010-11-23COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 23, 2010 MEMBERS PRESENT: Messrs. D. Cybalski, B.McColl and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. M. Burleanu, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 9:37 a.m. MINUTES Moved by Mr. B. McColl Seconded by Mr. A. Head That the minutes of the reg ular meeting of the Committee of Adjustment, of October 19, 2010, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS 1. Submission No.: A 2010-061 Applicant: Pravin and Bindu Desai Property Location: 118 Hickory Heights Crescent Legal Description: Lot 218, Plan 1334 Appearances: In Support: S. Desi K. Bhartia Contra: J. & T Oja Written Submissions: J. & T Oja The Committee was advised that the applicant is requesting permission to construct a carport on the easterly side of the existing dwelling, to have a side yard of 0.25 m (0.82') rather than the required 1.2m (3.93'). The Committee considered the report of the Planning Division, dated November 10, 2010, advising that Application A2010-061 was considered by the Committee of Adjustment on October 19, 2010 and was deferred to the November 23, 2010 meeting of the Committee of Adjustment. The committee directed the owner of 114 and 118 Hickory Heights Crescent to meet with City Planning Staff to try to reach a compromise on the size and location of the carport. Planning and Building staff met with the property owners of 118 Hickory Heights Crescent (Pravin Desai) and 114 Hickory Heights Crescent (Janet Thelma Oja, represented by her son Jeff Oja) on November 10, 2010 to discuss the proposal and to try to come to a compromise. Mr. Oja expressed concerns relating to water drainage, water saturation, natural occurring evaporation, snow and rain, property value, proximity of the carport to the existing window at 114 Hickory Heights Crescent, furnace gases, general maintenance, COMMITTEE OF ADJUSTMENT 209 NOVEMBER 23, 2010 Submission No.: A 2010-061, cont'd and future fence building. Staff addressed some of the issues identified by Mr. Oja where applicable as some of the issues identified by Mr. Oja are not legislated under the Building Code or the Zoning By-law. At that meeting, staff worked with the Mr. Desai to revise the design of the carport to try to lessen some of the concerns identified by Mr. Oja. Mr. Desai agreed to reduce the size of the carport to the minimum size allowed under the Zoning By-law for an off-street parking space. The minimum interior width of a carport in the By-law is 2.6 metres (8.5 feet). In order to accommodate the structural posts, gutters, and other building finishing materials, an additional width of 0.2 metres (8 inches) is added to the total width of the carport. With the new carport design, the owner requires a reduced side yard of 0.5 metres (1.64 feet) whereas 3.0 metres (9.8 feet) is required by Section 48.2.1 of the Zoning Bylaw. The side yard requirement adjacent to 114 Hickory Heights Crescent is 3.0 metres, as the required off-street parking space is located between the principle building and the side lot line, within the side yard. With the new design, the carport is proposed to be located 0.5 metres (1.64 feet) from the side property line. Mr. Oja was not in agreement with the revised plan and requested that he again address the Committee at the November 23, 2010 meeting to personally present his concerns with the proposal. Staff is of the opinion that the revised carport is appropriate. The owner has agreed to design the roof pitch to allow for access to the carport roof, including maintenance, completely from their property. The owner has agreed to locate the downspouts on the interior side of the carport to ensure that storm water and snow melt from the carport roof is drained to the front and rear of 118 Hickory Heights Crescent. The carport will not have walls and will allow for open air ventilation. Staff cannot comment on any affects the proposed carport development will have on the property value of the adjacent property as property values are determined by the Municipal Property Assessment Corporation based on a wide variety of criteria. Aside yard setback of 0.5 metres (1.64 feet) will allow for sufficient room to open a car door inside the carport, and will allow an appropriate setback from any future fences built on the property line between the two properties. 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 a variety of low density residential uses. The proposed development of a carport at 118 Hickory Heights Crescent is consistent with the Low Rise Residential designation. The variance meets the intent of the Zoning By-law as the purpose of a 3.0 metre side yard setback is to provide sufficient room in the side yard to accommodate any required driveway leading to a required off-street parking space that is situated between the dwelling and the side lot line. The proposed carport is consistent with the intent of the side yard setback regulation in the By-law because the carport will accommodate the required off-street parking space. The variance is considered minor as there is adequate separation from the proposed carport and the adjacent residential property. The carport, including any required eave troughs or other required storm water management improvements, will be located fully on the subject property and as such the proposed carport and variance will have minimal impact to adjacent lands because the proposed development is compatible with the surrounding area. COMMITTEE OF ADJUSTMENT 210 NOVEMBER 23, 2010 Submission No.: A 2010-061, cont'd The variance is appropriate for the development and use of the land as the proposed carport in the side yard will allow for a covered off-street parking space for the Owner of the subject property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 2010, advising that have no concerns with this application. The Committee considered the written submission of a neighbour in opposition to this application. Mr. Bhartia provided the Committee with revised drawings of the proposed carport, showing an interior width of 8.5'. These drawings also showed a change in the slope of the carport roof such that the roof will now slope to the front and back of the property, rather than to the side. Mr. Oja addressed the Committee advising of the meeting with staff. He questioned the proposed height for the carport and was advised it will be 9' 11 ". Mr.Oja then listed his concerns, including: water drainage, water saturation, naturally occurring evaporation, snow and rain, property value, proximity of the carport to the existing window at his mother's house and future fencing of his mother's property. Mrs. Oja explained that she wishes to erect a fence on that side of her property and the location of the carport may interfere in her ability to do so. The Chair advised that if the Committee approves this carport, it would be conditional on all drainage from the carport being directed onto the applicants' property. It would also be conditional on the carport being constructed in accordance with the revised drawings submitted this date. Ms. von Westerholt advised that when staff met with the property owners a Building staff person was in attendance and it was determined that the downspout could direct water from the front of the house onto the street. She also advised that an agreement was reached that the carport roof will slope toward the front and back of the property, and the interior width of the carport will be 8.5'; with the posts being 5'7"from Mrs. Oja's house. She also advised that the zoning by-law permits up to 3 storeys in this location. Further, maintenance is no longer a concern as the slope of the roof has changed. With respect to Mrs. Oja's desire for a fence, Ms. Von Westerholt advised that staff will be glad to work with her in this regard. The Chair then put forward additional conditions should the Committee decide to approve this application: that eaves troughs be installed on the fascia of the carport; and, that drainage be directed to and tied into the eaves trough on the existing house and directed to the front and back of the property Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Pravin and Bindu Desai requesting permission to construct a carport on the easterly side of the existing dwelling, to have a side yard of 0. 5 m (1.64') rather than the required 3m (9.8'), on Lot 218, Plan 1334, 118 Hickory Heights Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance approved in this application shall apply to the proposed carport only as shown on the revised plans submitted to the Committee of Adjustment on November 23, 2010. 2. That the owner shall install eavestroughs on the facia of the carport COMMITTEE OF ADJUSTMENT 211 NOVEMBER 23, 2010 Submission No.: A 2010-061, cont'd 3. That drainage from the carport shall be directed toward and tied into the eavestrough on the house and the drainage shall be directed toward the front and back of the house; with all drainage being contained on the subject property. 4. That the owner shall obtain a Building Permit from the City of Kitchener's Building Division for the construction of the carport. 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 This meeting recessed at 9.56 a.m. and reconvened at 10:43 a.m. with the following members present:: Messrs. D. Cybakski, B.McColl and A. Head. NEW BUSINESS MINOR VARIANCE Submission No.: A 2010-055 Applicant: Access Self Storage Property Location: 50 Ottawa Street South Legal Description: Lots 1-11, Plan 262, Part Lot 486, Streets & Lanes and Part Park Lot 25, Plan 404, being Parts 2-5 & 7, Reference Plan 58R-2633 Appearances: In Support: E. Saulesleja I. Khan Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a commercial recreational establishment to provide 7off-street parking spaces rather than the required 24 off-street parking spaces, to have 5 parking spaces located 0.64m (2.09') from the Charles Street lot line rather than the required 3m (9.84'); and, permission for 3 of the 5 required loading spaces to measure 3m by 10.7m (9.84' by (35.1') rather than the required 4.3m by 15.2m (14.1' by 49.86'). The Committee considered the report of the Planning Division, dated November 15, 2010, advising that the subject property is located at 50 Ottawa Street South at the southeast corner of Charles Street East and Ottawa Street South. The land is currently designated General Industrial in the Mill Courtland Woodside Park Secondary Plan. The property is zoned General Industrial Zone (M-2), with Special Use Provision 159U. Special Use Provision 159 stipulates that the sale and rental of motor vehicles and major recreational equipment as an accessory use to a service and repair shop is prohibited on site. In October 2009 the owner applied for and was granted a variance to allow an increase in the permitted accessory retail space for a bakery. COMMITTEE OF ADJUSTMENT 212 NOVEMBER 23, 2010 Submission No.: A 2010-055, cont'd The subject building is currently under renovation and is partially occupied. The total size of the building is 20,334 sq. m. The building is currently occupied with a range of permitted general industrial uses including warehousing and self-storage, a UPS store, a bakery (City Cafe & Bakery) and a number of other industrial businesses. The owners propose to establish Kitchener Kicks, a martial arts studio and commercial recreational use in 541 sq. m. of the building. The applicant previously applied for a parking variance which was deferred by the Committee to allow the applicant to prepare a parking study and parking plan and for City staff to review these submissions. The applicant is now requesting three variances as follows: 1. to allow the parking for a martial arts studio use to be reduced from a required 24 spaces to 7 spaces which represents a reduction of 17 spaces. 2. to allow a reduction in the size of loading spaces in an industrial area from 4.3 metres x 15.2 metres to 3.0 x 10.7 metres. 3. to permit the setback of parking to a street line to be reduced from 3.0 metres to 0.64 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 applicant is requesting that the parking requirements for the marital arts studio be reduced from 24 spaces to 7 spaces, which represents a reduction of 17 spaces. The applicant has submitted a Parking Justification Study in support of their minor variance application which has been reviewed by Transportation Planning Staff. In addition to the justification provided in the Study, an additional new tenant -Liason College - which is a commercial cooking school has also signed a lease for space within the building. The Study examined the current parking demands at 50 Ottawa Street South and of Kitchener Kicks at their current location, during the day and evenings, and during the day on Saturday. Existing Uses Kitchener Kicks Liaison College Total B -law Re uirement 28 24 17 69 Demonstrated Need Weekday daytime 18 7 (based on variance) 17 42 Weekda evenin 3 23 9 (estimate5oi) 35 Saturday morning 25 10 O (closed) 35 Saturda afternoon 19 21 O (closed) 40 Requested Variance 28 7 (reduced by 17) 17 52 According to the zoning by-law requirements, staff calculates that the current lessees require a minimum of 28 parking spaces, the Kitchener Kicks will require 24 spaces, and Liason College will require 17 spaces for a total requirement of 69 spaces. The proposed variance of 17 spaces would see the parking requirement for all known uses reduced to 52 spaces overall (28 for current tenants, 17 for Liason College, and 7 for Kitchener Kicks). The applicant is proposing that the parking requirement for the subject lands be based on the fact that the peak parking demands of the known uses are at different times of day. Based on the parking needs demonstrated in the parking study, and the hours of operation of the cooking school, staff has calculated that the peak parking demand for all known uses will not likely exceed 42 spaces. The chart above demonstrates that based on the combined times of peak demand, the demonstrated need is less than the number of spaces which will be attributed to tenants. The property is designated "General Industrial" in the Official Plan in the Mill Courtland- Woodside Park Secondary Plan. Official Plan policy 13.4.3(1) indicates that the COMMITTEE OF ADJUSTMENT 213 NOVEMBER 23, 2010 Submission No.: A 2010-055. cont'd designation's primary objective is intended to provide for the continued function of industrial operations located within the General Industrial designation and recognizes their importance in terms of employment opportunities. The secondary plan also states, "Unless specifically prohibited in the Plan, complementary uses which do not interfere with nor are detrimental to the development of industrial operation are permitted in all General Industrial areas". Staff is of the opinion that as demonstrated by the Parking Justification Study, a reduction of 17 parking spaces will not interfere with or be detrimental to the industrial operations. The intent of the parking regulations in the Zoning By-law is to ensure that there is adequate parking on a site to meet the needs of users. In this instance there are a number of businesses within a large industrial mixed use building. A parking justification study was required in support of the proposed variance, the findings of which are described above. The study shows that the peak parking demands of Kitchener Kicks and other uses at 50 Ottawa Street do not generally occur at the same time, and that at peak demand approximately 42 parking spaces will be required to meet the needs of all current lessees. Therefore, planning staff is of the opinion that a reduction of 17 parking spaces meets the intent of the zoning by-law to ensure that there is adequate parking to meet the needs of the site, with the current range of tenants. The proposed variance can be considered minor and appropriate for the development and use of the lands. Planning staff is generally in support of shared parking situations where it can be demonstrated that uses have differing peak parking demands. Staff notes that the majority of the building will continue to be used for industrial and warehousing uses which have peak parking demands during regular business hours, whereas the proposed use has peak demands evenings and weekends. Staff feels that this increases the usability of a site, and makes efficient use of parking spaces and contributes to the adaptive reuse of an existing building. The subject lands are also well serviced by public transit. There is an I-Xpress stop at the corner of the site at Charles Street and Ottawa Street and further, the Region has designated Ottawa Street as a major transit corridor. These lands are also planned to be the location of a future rapid transit station. It can be noted that whatever the outcome of the minor variance process, going forward, it will be the responsibility of the owner to ensure that the tenants admitted to the building will be provided with sufficient parking to meet the zoning by-law requirements, or that additional variances are sought and justified on a case-by-case basis. Given that the parking justification study was premised on the parking demands of the current range of tenants and the operations of Kitchener Kicks, staff recommends that the variance only remain valid as long as the uses occupying the amount of space occupied as of the date of this report, have similar or lesser parking demands as the current range of uses (as described in occupancy permits issued as of the date of this report), and that the use for which the variance is granted be limited to a martial arts studio and not all types of commercial recreational uses, and further, that the martial arts studio may only operate one class at a time. Based on the layout of the unit provided in the justification study, staff understands that this is the intent of tenant and recommends that the owner submit a letter of understanding to the City in this regard. The uses considered in this report include: • Access Self Storage @ approx. 7500 m2 (113 m2 accessory office ) • UPS Store ~a 108 m2 • City Cafe and Bakery @ 181 m2 (70% manufacturing, 5% retail, 25% restaurant) • The Sign Depot @ 334 m2 • Response Scientific @ 498 my • Kitchener Kicks @541 m2 • Liaison College @ 483 m2 COMMITTEE OF ADJUSTMENT 214 NOVEMBER 23, 2010 1. Submission No.: A 2010-055. cont'd Based on the foregoing, staff is of the opinion that a variance of 17 spaces meets the four tests of a minor variance. The applicant is proposing to reduce the required size of three of the five onsite loading spaces from 15.2 metres x 4.3 metres to 10.7 metres x 3.0 metres. The intent of the General Industrial designation is to provide for the continued function of industrial operations within the building and the intent of the zoning regulation is to ensure that loading spaces are sized to accommodate large tractor trailers which may deliver and ship to and from industrial sites. The building has a mix of uses which are permitted in the industrial zoning and designation. The undersized loading spaces are intended to service the self-storage units and other businesses which do not receive shipments from large tractor trailers, but from smaller vehicles. These parking spaces will meet the size requirements of loading spaces in commercial areas and staff is satisfied with their functionality. Staff notes that two industrial sized loading spaces, suitable for tractor trailers, are available off of Borden Avenue. Staff is of the opinion that the reduction in the size of the loading spaces will not impact the industrial usability of the site and therefore meets the intent of the Official Plan and the Zoning By-law, and that the proposed variance can be considered minor and appropriate for the development and use of the lands. The applicant is proposing to add a number of new parking spaces to the site in the location shown on the parking plan attached to the application. Site Plan Approval was not required for the redevelopment of this site, however staff has requested that the applicant prepare a Parking Plan to demonstrate the functionality of the parking lot. The applicant has requested permission for these spaces to be located 0.64 metres from the street line (Charles Street) rather than 3.0 metres as required by the zoning by-law. There are other parking spaces along Charles Street and Ottawa Street which are also located closer than 3.0 metres to the street line. These spaces have existed in these locations for many years and the owner has resurfaced the existing parking lot, however its size and general layout have not been altered. Staff recommends that the application to reduce the setback of parking to the street be expanded to include all the parking spaces along Charles Street East and Ottawa Street South. This will ensure that the existing parking lot is legal. Therefore, staff recommends that the application be amended to request: "That existing parking spaces and drive aisles be permitted to be located 0.0 metres from the street and that 5 new parking spaces, as indicated on the Parking Plan submitted as part of this application, be permitted to be located 0.64 metres from the street." The intent of the General Industrial Designation in the Official Plan is to support the continued function of industrial operations. The parking lot has been in existence for many years and continues to support the permitted uses in the building. The proposed variance will have the effect of legally recognizing the historical orientation and layout of the parking lot, and allows additional spaces to be added, increasing the overall number of spaces on the lot. The reduced setback for five of the new spaces helps to ensure that the loading zone will function properly, thereby supporting the function of the industrial operations. Therefore, staff is of the opinion that the intent of the Official Plan is maintained. The intent of the 3.0 metre setback in the Zoning By-law is to provide for a buffer and an appropriate separation between parking areas and the street line; to provide a more consistent setback along streets and to preserve visibility at driveways. The subject lands have had a parking lot in this configuration for many years without any buffer to the street. Staff recommends that the owner provide landscaping and/or hardscape features, where possible between the parking and the street line, to the satisfaction of the Supervisor of Site Development. Staff is of the opinion that in an urban redevelopment context, 3.0 metres is not needed to provide an adequate separation. COMMITTEE OF ADJUSTMENT 215 NOVEMBER 23, 2010 Submission No.: A 2010-055. cont'd Furthermore, through the approval of the Parking Plan staff will ensure that driveway visibility is maintained. Therefore staff is of the opinion that the proposed variance meets the intent of the Zoning By-law. Staff is of the opinion that the proposed variance is minor and appropriate for the use of the lands. As the building is remaining industrial, there is no requirement for the parking lot to be brought up to current City standards. However, the owner is required to provide parking and loading to meet the needs of the occupants. Therefore, it is appropriate for a number of new spaces to be added and for the new spaces to be laid out in a way which is consistent with the existing parking lot layout. Only 5 new spaces will be added which do not conform with the setback as regulated by the Zoning By-law and staff therefore consider this minor. Furthermore, staff notes that the site has been identified by the Region of Waterloo as a station area for the future Rapid Transit system. To facilitate the development of the station the Region will need to acquire a significant amount of the parking lot in the future which will require a major change to the parking lot at that time. Staff anticipates that the lot will be redeveloped at such time as there is a new comprehensive redevelopment of the property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 10, 2010, advising that have no concerns with this application. However the owner should be made aware that at this location, a 10 foot road allowance widening is required from Ottawa Street to comply with the Region's Official Plan. In addition, a 50 foot daylight triangle is required at the intersection of Charles Street and Ottawa Street. The acquisition of these road allowances widenings and daylight triangle may not be appropriate under this application however, the applicant must be made aware that these widenings will have significant impact on the parking layout on the site and will result in the elimination of the parking spaces along Ottawa Street flankage in the vicinity of the proposed bakery. Future applications on this property will also require modifications/consolidation to the existing access configurations on both Ottawa Street and Charles Street. The Region's Transportation Planner further advised that the site is located next to a preferred Rapid Transit (RT) route on both Ottawa Street and Charles Street in addition to a station location. Additional road allowance widening may be required above the Official Plan requirements to accommodate the RT route and station and/or other amenities. He also advised that any other development on the subject lands is subject to the provisions of the Regional Development Charge By-law 09-024 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Access Self Storage requesting permission to provide 7off-street parking spaces for a martial arts studio rather than the required 24 off-street parking spaces, to have existing parking spaces and drive aisles located Om from the street line and 5 new parking spaces located 0.64m (2.09') from the Charles Street lot line rather than the required 3m (9.84'); and, permission for 3 of the 5 required loading spaces to measure 3m by 10.7m (9.84' by (35.1') rather than the required 4.3m by 15.2m (14.1' by 49.86'), on Lots 1-11, Plan 262, Part Lot 486, Streets & Lanes and Part Park Lot 25, Plan 404, being Parts 2-5 & 7, Reference Plan 58R-2633, 50 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the commercial recreational use shall be limited to a martial arts studio COMMITTEE OF ADJUSTMENT 216 NOVEMBER 23, 2010 Submission No.: A 2010-055, cont'd 2. That the martial arts studio shall only offer one class at a time, of no more than 30 students, as identified in the Parking Analysis Update, dated October 17, 2010. The owner/operator of the martial arts studio shall submit a letter of understanding to the satisfaction of the City's Solicitor indicating that they agree to this condition prior to occupancy of the subject unit. 3. That the range of uses in the building, occupying the amount of space described in Committee of Adjustment Report A2010-055, shall have, to the satisfaction of the Director of Planning in consultation with the Director of Transportation Planning, a parking requirement that: is similar to or less demanding than that contemplated in the report, and has similar or equally complementary times of peak demand, as those contemplated in the report. At such time as the foregoing is not achieved to the satisfaction of the Director's of Planning and Transportation Planning, the variance shall expire. 4. That the applicant shall receive final approval of the Parking Plan from the City's Director of Planning and Director of Transportation Planning prior to occupancy of the subject unit. 5. That the reduction in the parking setback shall only apply to the parking lot as shown on the approved Parking Plan (as required by Condition 4). This variance shall expire if the parking lot is significantly reconfigured or if the site is comprehensively redeveloped in the future. 6. That landscaping and/or hardscape features shall be installed in the area separating parking spaces and drive aisles from the street line, to the satisfaction of the Supervisor of Site Development by June 30, 2011. It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-066 Applicant: Weber Supply Company Inc. Property Location: 675 Queen Street South Legal Description: Lot 17, Part Lots 362 to 364, German Company Tract Appearances: In Support: M. Giristeuew Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for the office use to occupy 41 % of the gross floor area of the building rather than the permitted 20%; COMMITTEE OF ADJUSTMENT 217 NOVEMBER 23, 2010 Submission No.: A 2010-066. cont'd to provide 169 off-street parking spaces rather than the required 238 off-street parking spaces; legalization of the location of the building to have: a front yard setback of 1.9m (6.23') rather than the required 6m (19.68'), a side yard setback of 0.3m (0.98') rather than the required 1.2m (3.93') and a rear yard setback of 8.5m (27.88') rather than the required 14m (45.93'); permission for the minimum size of loading spaces to be 2.4m by 6.7m (7.87' by 21.98') rather than the required 4.3m by 15.2m (14.1' by 49.86'); and, permission for the maximum height of the yard projection within 3m (9.84') of the street line to be 1 m (3.28') rather than the permitted 0.6m (1.96'). The Committee considered the report of the Planning Division, dated November 12, 2010, advising that the subject property is located at the northeast corner of Queen Street South and Woodside Avenue adjacent to the railway. The property is approximately 15, 477 square metres in area and has approximately 91 metres of frontage on Queen Street South and 175 metres of frontage on Woodside Avenue. There are two buildings on the property used primarily for warehousing and associated office purposes. The buildings and warehouse use were originally established in 1949 and numerous building additions have occurred over the years since. The surrounding area is comprised of a mix of uses. Along Queen Street South there are a range of commercial, residential and institutional uses. To the east of the property are the intowns, a medium density residential development. To the south of the property is Woodside Park. To the north immediate north of the property is the rail line and the Iron Horse Trail. The subject property and surrounding properties to the north and along Queen Street South are designated Mixed Use Corridor in the Official Plan. Lands located within the Queen Street South Mixed Use Corridor, including the subject property, were subject to City-initiated zone change ZC09/05/COK/HH. The zoning of the subject property was approved to change from General Industrial (M-2) Zone with Special Use Provision 159U and Residential Eight (R-8) with Special Regulation Provision 435R to High Intensity Mixed Use Corridor (MU-3) Zone with Special Regulation Provisions 508R and 520R. The zoning of adjacent properties was also proposed to change to Low and Medium Intensity Mixed Use Corridor (MU-1 and MU-2) zoning with and without site specific special provisions. Zone change ZC09/05/COK/HH was approved by Council on April 19, 2010 and was subsequently appealed. The status of the zone change is still under appeal and therefore the applicable zoning at the time of the Minor Variance Application defaults to the previous zoning. The zoning of the subject property in effect at the time of the application is General Industrial (M-2) Zone with Special Use Provision 159U and a small portion is zoned Residential Eight (R-8) with Special Regulation Provision 435R in the Zoning By-law. The change of use as proposed (to convert a portion of the existing building to office) requires Committee of Adjustment approval for several zoning deficiencies. Many of these variances would not be required once the new MU-3 zoning takes effect. The variances are being requested at this time so that the applicant may pursue Site Plan and subsequently Building Permit approvals in advance of the resolution of the appeal. The applicant is requesting the following minor variances: • To increase the total allowable office space from 25% to 41 % of the Gross Floor Area; • To reduce the required number of parking spaces from 238 to 166; • To reduce the minimum front yard setback from 6.0 metres to 1.55 metres; • To reduce the minimum side yard abutting a street setback from 6.0 metres to 0.3 metres; • To reduce the minimum rear yard setback from 14.0 metres to 8.5 metres; • To reduce the minimum size of loading space from 4.3 metres x 15.2 metres x 4.3 metres to 2.4 metres x 6.7 metres x 2.4 metres; and • To increase the maximum height of a yard projection within 3.0 metres of a streetline from 0.6 metres to 1.0 metres. COMMITTEE OF ADJUSTMENT 218 NOVEMBER 23, 2010 Submission No.: A 2010-066. cont'd 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. Cumulatively the variances meet the intent of the Official Plan for the following reasons. The property is designated Mixed Use Corridor in the Official Plan, which allows a balanced distribution of commercial, institutional and residential uses and does not permit industrial uses. The Mixed Use Corridor designation is intended to encourage transit-supportive intensification in a form that is compatible with surrounding residential neighbourhoods. The proposed conversion of a portion of the existing industrial building for office use would represent a conversion from a prohibited use to a use that is encouraged in the Official Plan and would add employment density to this underutilized industrial property. Therefore the proposed conversion meets the intent of the Official Plan and so to do the variances required for the conversion. The variance pertaining to floor area devoted to office use meets the intent of the Zoning By-law for the following reasons. The intent of the Zoning By-law as it pertains to maximum area devoted to office space in the General Industrial Zone is to allow office use but contemplates such uses as secondary or accessory to the primary use of the property, that being industrial. In this respect, the industrial zoning is outdated because this is an area in transition where industrial uses are being phased out in favour of commercial, institutional and residential uses. The approved City-initiated zone change to MU-3 zoning addresses this issue as the MU-3 zone does not define a maximum gross floor area for office use. Therefore, the relief sought meets the intent of the new zoning (to allow office use as its own use, not necessarily linked to another industrial use) though the new zoning is not yet in effect. The variance pertaining to the number of required parking spaces meets the intent of the Zoning By-law for the following reasons. In areas designated and zoned for transit- supportive development, parking reductions are permitted to recognize that some trips to the site may be made via active modes of transportation (ie: on foot or bicycle) or by transit. This location is well served by transit, is in close proximity to the Charles Street transit terminal, and is also located alongside the Iron Horse Trail. The approved MU-3 zoning pending for this site would allow a reduction of 30% of the required parking for all non-residential uses. The requested variance is from 238 spaces to 166 spaces, which amounts to 70% of the required parking. While this new zoning is not yet in effect, the requested variance maintains the intent of the Zoning By-law. The variances pertaining to height of yard projection, front yard and side yard abutting a street meet the intent of the Zoning By-law for the following reasons. The above listed regulations are intended to ensure new development is set back an appropriate distance from the street. The requested relief is to legalize an existing as-built condition (including the front stairway, which is considered a yard projection that exceeds the maximum permitted height) and would apply only to the building as it exists today. Future redevelopment of the site would be required to meet the setback regulations of By-law 85-1, and therefore the intent of the Zoning By-law would be maintained. The rear yard setback variance meets the intent of the Zoning By-law for the following reason. The rear yard setback regulation in the General Industrial Zone intends to maintain a compatible interface between industrial uses and residential uses. The rear yard variance requested is to legalize the existing as-built rear yard setback. This existing rear yard setback was one of many matters considered by the Ontario Municipal Board through mediation between the subject property owner and adjacent residentially-zoned property owner to the east in March 2006. In the Minutes of Settlement dated May 2006 the parties agreed to maintain a minimum distance between residential dwelling units to the east of the subject site and future development on the subject site as well as a berm and acoustical barrier. This agreement is to reinforce the intent of the Zoning By-law to maintain a reasonably compatible interface between industrial and residential uses. The proposed variance would be in line with the COMMITTEE OF ADJUSTMENT 219 NOVEMBER 23, 2010 Submission No.: A 2010-066. cont'd Ontario Municipal Board decision and Minutes of Settlement and therefore the variance meets the intent of the Zoning By-law. The variance pertaining to the minimum dimensions of loading spaces meets the intent of the Zoning By-law for the following reasons. The regulations pertaining to number and dimensions of loading spaces, taken together, are intended to ensure that sufficient area is devoted to the loading space needed for industrial and commercial business operations. The number of loading spaces on the subject site exceeds the minimum number required, though the dimensions of each are deficient. These loading spaces are all existing and have been operational for over 50 years without incident. Retention of most loading spaces, though they are of a deficient size, is sufficient to ensure that adequate loading area is provided onsite to serve the commercial and industrial business needs on this property. As such, the proposed variance regarding size of loading spaces meets the intent of the Zoning By-law. Cumulatively the requested variances are minor for the following reasons. The setbacks, loading space dimension and yard projection deficiencies are all existing conditions which have not created detrimental impacts to date. The increased floor area devoted to office space will increase the use of the subject site, however the property is appropriately sized and serviced to accommodate the influx of users. The requested parking relief is minor because it is anticipated that the reduced number of spaces can be offset by an increased number of users accessing the site via other modes of transportation. Furthermore, there are onstreet parking spaces available along Woodside Avenue that have been used for parking for the subject site in the past. Cumulatively the variances are appropriate for the development and use of the land because they would permit a conversion of a 60 year old industrial building in the urban area to a more desirable use. This conversion would represent revitalization of an underutilized site. The variances will provide for a broader range of uses without the need to continually apply for a variance each time there is a change in use, provided the use meets all the other zoning requirements. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 10, 2010, advising that have no concerns with this application. However, the owner should be made aware that future development application (s) on this property may be required conveyance of a dedicated road widening allowance (of 2.9m approximately based on current designated road width of 26.213m and may vary) along the property frontage on Regional Road # 6. Therefore the building components should be located accordingly if possible. Please be advised that any other development on the subject lands is subject to the provisions of the Regional Development Charge By-law 09-024 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Weber Supply Company Inc. requesting permission for the office use to occupy 41 % of the gross floor area of the building rather than the permitted 20%; to provide 169 off-street parking spaces rather than the required 238 off-street parking spaces; legalization of the location of the building to have: a front yard setback of 1.9m (6.23') rather than the required 6m (19.68'), a side yard setback of 0.3m (0.98') rather than the required 1.2m (3.93') and a rear yard setback of 8.5m (27.88') rather than the required 14m (45.93'); permission for the minimum size of loading spaces to be 2.4m by 6.7m (7.87' by 21.98') rather than the required 4.3m by 15.2m (14.1' by 49.86'); and, permission for the maximum height of the yard projection within 3m (9.84') of the street line to be 1 m (3.28') rather than the permitted 0.6m (1.96'), on Lot 17, Part Lots 362 to 364, German Company Tract, 675 Queen Street South, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 220 NOVEMBER 23, 2010 Submission No.: A 2010-066, 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 CONSENT Submission Nos.: B 2010-044 Applicant: 742989 Ontario Limited Property Location: 221 McIntyre Drive Legal Description: Part Lot 14, Registrar's Compiled Plan 1471, being Part Lots 10, 35 & 36, Reference Plan 58R-5668 Appearances: In Support: G. Darling 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 McIntyre Drive of 104.5m (342.84') by a depth of 105.75m (303.87') on the easterly side and 127.769m (419.18') on the westerly side and having an area of 1.1808 ha (2.916 ac.). The property is currently vacant and the proposed use is unknown at this time. The retained land has a width on McIntyre Drive of 34.5m (113.18'), a width at the rear lot line of 104.706m (343.52'), a depth on the easterly side of 127.769m (419.18') and an area of 1.1233ha (2.7745 ac). The existing and proposed use of the property is 2 office buildings. The Committee considered the report of the Planning Division, dated November 12, 2010, advising that the subject property is located on McIntyre Drive, just west of where it intersects with McBrine Drive, and is legally described as Parts 10, 35 and 36 of Reference Plan 58R-5668. Parts 10 and 35 are occupied by industrial offices, while Part 36 is vacant. The properties are designated as Business Park in the City's Official Plan and zoned Residential Business Park Zone (B-1) in By-law 85-1. A portion of the parcel to be severed is within the Grand River Conservation Authority's regulated area. Planning Comments The subject parcels are a part of the Huron Business Park, and merged when the owner of 221 McIntyre purchased Part 36 of 58R-5668 nearly twenty years ago. The severance proposed is to divide Parts 10 and 35 of 58R-5668 (the developed portion addressed 221 McIntyre Drive), which have a combined area of 1.098 hectares, from the vacant Part 36, which has an area of 1.18 hectares. This division will follow along the original reference plan boundaries, as shown on the plan attached to the application. The proposed severance satisfies the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13. Engineering Comments: The proponent is advised that future severance of any blocks within the subject lands would require separate, individual service connections for sanitary, storm and water, in accordance with City policies. COMMITTEE OF ADJUSTMENT 221 NOVEMBER 23, 2010 Submission No.: B 2010-044, cont'd The owner is required to make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. Our records indicate municipal services are currently available to service this property. Any redundant driveways are to be closed with new boulevard landscaping, all to City of Kitchener standards and any new driveways are to be built to City of Kitchener standards at grade with the sidewalk. All work is at the owner's expense and all work needs to be completed prior to occupancy of the building. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated November 12, 2010, in which they advise that they have no objections to this application. Please be advised that the owner/applicant may be required to submit funds for a transit landing pad on the severed/retained lots at the site plan application stage. The Committee considered the report of the Grand River Conservation Authority (GRCA), Resource Planner, dated November 12, 2010, in which they advised that information currently available at this office indicates that a portion of this property is regulated by the GRCA as per Ontario Regulation 150/06 due to the presence of the regulatory floodplain of Strasburg Cress and its proximity to Provincially Significant Strasburg Cress Wetland Complex in this area. As such, the GRCA recommends deferral of this application to allow the applicant an opportunity to provide additional information to support this application. As part or our review we will require the following information: 1. Evidence that `safe access' can be achieved for proposed lot. 2. Final site plan showing the location of the surveyed regulatory floodplain. Mr. Darling spoke in opposition to all the requested conditions of City staff and the requested deferral by the Grand River Conservation Authority. He referred to section 42 subsection 6.4 of the Planning Act and noted that his client purchased both of these lots from the City of Kitchener 20 years ago and all these requirements would have been taken into consideration at that time. Ms. von Westerholt advised that the Provincial Policy Statement considers a severance to be new development. Mr. Darling stated that time is of the essence because this land is being sold. This parcel was already created through the City business park but the two parcels of land merged in title. The Chair advised that the conditions requested by the City are standard conditions for creation of a lot. If the owner can provide proof that any of these conditions were already fulfilled, Mr. Darling should provide that proof to City staff. As for the request of the Grand River Conservation Authority, the Committee will consider imposing conditions that they be satisfied rather then deferring this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 742989 Ontario Limited requesting permission to sever a parcel of land having a width on McIntyre Drive of 104.5m (342.84') by a depth of 105.75m (303.87') on the easterly side and 127.769m (419.18') on the westerly side and having an area of 1.1808 ha (2.916 ac.), on Part Lot 14, Registrar's Compiled Plan 1471, being Part Lots 10, 35 & 36, Reference Plan 58R-5668, 221 McIntyre Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 222 NOVEMBER 23, 2010 Submission No.: B 2010-044, cont'd 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. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property prior to site plan approval. 4. That the owner, at their cost, shall make satisfactory arrangements with the City's Engineering Services that any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards and any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. 5. That the owner shall make satisfactory arrangements with the City of Kitchener for payment of the required cash-in-lieu of parkland dedication. 6. That the owner shall submit to and receive approval from the Grand River Conservation Authority for the following: a. Evidence that `safe access' can be achieved for the proposed lot. b. Final site plan showing the location of the surveyed regulatory floodplain. 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 November 23, 2012. Carried Submission Nos.: B 2010-045 Applicant: Rankar Investments Inc. and Rikago Investments Inc. Property Location: 111 Bleams Road Leaal Description: Lot 12. Reaistrar's Comailed Plan 1489 Appearances: In Support: C. Baker COMMITTEE OF ADJUSTMENT 223 NOVEMBER 23, 2010 Submission No.: B 2010-045, cont'd Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to give a sewer easement having the following dimensions, 19.049m by 5m by 18.411 m by 5m (62.49' by 16.4' by 60.4' by 16.4') to the benefit of 115 Bleams Road. The Committee considered the report of the Planning Division, dated November 12, 2010, advising that the owners of 111 Bleams Road received approval from the Committee to sever a 0.55 hectare parcel of land along with easements and minor variances for the creation of a new lot municipally addressed as 115 Bleams Road. These were approved under applications B2010-004 and A2010-015 earlier this year. The owners of 111 Bleams are applying to the Committee to create a 5 metre wide by approximately 19 metre long stormwater easement over their lands in favour of 115 Bleams Road. When 115 Bleams was created, site plan and building plans were not finalized. The site plan process for 115 Bleams concluded that that stormwater could not be conveyed to Bleams as first thought, but rather needed to be connected to the existing stormwater system on 111 Bleams and hence the need for an easement. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated November 12, 2010, in which they advise that they have no objection to this application. Ms. Baker advised that she is in support of the staff report and recommendation. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Rankar Investments Inc. and Rikago Investments Inc. requesting permission to give a sewer easement having the following dimensions, 19.049m by 5m by 18.411 m by 5m (62.49' by 16.4' by 60.4' by 16.4') to the benefit of 115 Bleams Road, on Lot 12, Registrar's Compiled Plan 1489, 111 Bleams Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. 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. 2. That the Transfer Easement creating the right-of-way for servicing be approved by the City Solicitor. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 224 NOVEMBER 23, 2010 Submission No.: B 2010-045. cont'd 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 November 23, 2012. Carried Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: CC 2010-001 Triedell Group Ltd 40 Centreville Street Part Farm Lot, Plan 589 None None Written Submissions: None The Committee was advised that the applicant is requesting permission to change conditions for Provisional Consent B 2010- 023 to add a condition requiring completion of a noise study satisfactory to the Regional Municipality of Waterloo. The Committee considered the report of the Planning Division, dated November 12, 2010, advising that the subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law. A single detached dwelling currently exists on the property and is proposed to be demolished. The owner received Demolition Control Approval to demolish the residential building subject to a condition that the owner obtains a building permit prior to issuance of a demolition permit to ensure timely redevelopment. The owner has applied for a building permit to construct asemi-detached dwelling on the subject property. At the Committee of Adjustment meeting on July 20, 2010, the Committee considered Consent Application B2010-023 to sever the subject property into two lots in such a way as to allow separate ownership of each semi-detached unit. The Regional Municipality of Waterloo had requested that the applicant prepare a Noise Study for the severed and retained lots as a condition of approval. Application B2010-023 was approved however the final decision did not include this Regional condition. Consequently, the Regional Municipality of Waterloo appealed the decision to the Ontario Municipal Board. Rather than go to the Board, Regional staff worked together with the applicant, whereby the Committee has been requested by the applicant to impose the following additional conditions as a resolution to the transportation noise issue: 1) That the developer shall enter into a registered development agreement with the Regional Municipality of Waterloo 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 air conditioning system by the occupant; COMMITTEE OF ADJUSTMENT 225 NOVEMBER 23, 2010 Submission No.: CC 2010-001, cont'd 2) That the developer shall enter into a registered development agreement with the Regional Municipality of Waterloo that the following noise warning clause is included on all offers of purchase and sale and/or rental agreements: "Due to its proximity to King Street East (Regional Road No. 15), 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. Moreover, 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."; and 3) That the developer enter into an agreement with the City of Kitchener to include the following warning clause in all offers of purchase and sale and/or rental agreements: "Future owners are advised that due to the proximity of the commercial facilities, sound levels from this facility may at times be audible and may cause concern to some individuals." The Regional Municipality of Waterloo has withdrawn their appeal to the Ontario Municipal Board as City staff confirmed that this application will be considered by the Committee at the November 23, 2010 meeting. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated November 12, 2010, in which they advise that the Committee of Adjustment did not impose the Region's condition of a noise study on the original application (B 2010-023). As part of discussion with the applicant, the Region agreed to withdraw its appeal to the Ontario Municipal Board subject to the following conditions: That the developer shall enter into a registered development agreement with the Regional Municipality of Waterloo 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 air conditioning system by the occupant. 2. That the developer shall enter into a registered development agreement with the Regional Municipality of Waterloo that the following noise warning clause is included on all offers of purchase and sale and/or rental agreements: "Due to its proximity to King Street (Regional Road No. 15), 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. Moreover, 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." 3. That the developer enter into an agreement with the City of Kitchener to include the following warning clause in all offers of purchase and sale and/or rental agreement: "Future owners are advised that due to the proximity of the commercial facilities, sound levels for this facility may at times be audible and may cause concern to some individuals." Therefore, the Region requests the above conditions be imposed on application B 2010-023. The Region would also have no objection to the application if the original condition of a noise study and agreement, if required, was imposed as per the request of the application. COMMITTEE OF ADJUSTMENT 226 NOVEMBER 23, 2010 Submission No.: CC 2010-001, cont'd Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Triedell Group Ltd. requesting permission to change the conditions of provisional consent B 2010-023 on, Part Farm Lot, Plan 589, 40 Centreville Street, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to Submission No. B 2010-023: 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 owner 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 retained lands. 5. That the owner shall have a Record of Site Condition completed for the severed and retained lands. Two copies of the completed and filed Record of Site Condition acknowledged by the Ministry of the Environment shall be provided to the Regional Commissioner of Planning, Housing and Community Services. 6. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo 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 air conditioning system by the occupant. 7. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo that the following noise warning clause is included on all offers of purchase and sale and/or rental agreements: "Due to its proximity to King Street East (Regional Road No. 15), 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. Moreover, 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."; and 8. That the owner shall enter into an agreement with the City of Kitchener to include the following warning clause in all offers of purchase and sale and/or rental agreements: "Future owners are advised that due to the proximity of the commercial facilities, sound levels from this facility may at times be audible and may cause concern to some individuals." 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. COMMITTEE OF ADJUSTMENT 227 NOVEMBER 23, 2010 Submission No.: CC 2010-001, cont'd 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 November 23, 2012. Carried ADJOURNMENT On motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 23rd day of November, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment