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HomeMy WebLinkAboutAdjustment - 2003-05-20 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 20, 2005 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:30 a.m. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of April 29, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-012 The Old Mill Partnership 7B, 350 Doon Valley Drive Unit 3, W.S.C.P. No. 369 Mr. C. Robson None None The Committee was advised that the applicant requests legalization of a westerly sideyard of 6.413 m (21 ff.) rather than the required 7.5 m (24.6 ft.). The Committee considered the comments of the City's Planning Division, dated March 10, 2003, noting that a building permit was issued in March 2002 for this building with a westerly sideyard of 6.413 m, although the by-law requirement is 7.5 m. They recommend approval of the application relative to the existing building only. The Committee considered written submissions from the following public agencies advising they have no concerns with, or comments on, this application: · Grand River Conservation Authority, dated March 10, 2003; · Region's Transportation Planner, dated March 18, 2003; and, · City's Director of Building, dated March 6, 2003. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of the Old Mill Partnership requesting legalization of a westerly sideyard of 6.413 m (21 ff.) rather than the required 7.5 m (24.6 ff.) on Unit 3, W.S.C.P. No. 369, 7B, 350 Doon Valley Drive, Kitchener, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 61 MAY 20, 2003 Submission No.: A 2003-012 (Cont'd) That the variance as approved in this application shall apply to the existing building only, generally as shown on the plan submitted with this application. 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. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2003-024 1205457 Ontario Inc. Carisbrook Drive 196 Woolwich Street, Parts 1 - 12 Reference Plan 58R-4721, and Part 2, Reference Plan 58R-12341 The Committee was in receipt of correspondence from the applicant's agent requesting that its consideration of this application be deferred pending finalization of the details of the environmental work requested by the City and the Grand River Conservation Authority. The Committee agreed to defer and refer consideration of this application to its meeting scheduled for June 17, 2003, at which time the applicant is expected to advise of the date at which the application will proceed. Submission No.: Applicant: Property Location: Legal Description: A 2003-026 Paul Leung 19-21 Cameron Street South Part Lot 63, Registered Plan 303 The Committee was in receipt of correspondence from the applicant's agent, advising that this application has been withdrawn. CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2003-020 2015155 Ontario Inc. 274 Highland Road East Part Lots 16, 17, 18 & 19 Registered Plan, Being Part of Parts 1 & 2, Reference Plan 58R-1564 As no one appeared in support of this application, the Committee agreed to defer and refer consideration of the application to its meeting scheduled for June 17, 2003. CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-017 & A 2003-022 509132 Ontario Ltd. 200 Woolner Drive Part of Lot 11 and Part of 6.096 m Lane (Closed) Appearances: In Support: Mr. E. Theodore Contra: None COMMITTEE OF ADJUSTMENT 62 MAY 20, 2003 Submission Nos.: B 2003-017 & A 2003-022 (Cont'd) Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land for a residential subdivision, to have frontage on Woolner Road of approximately 68.6 m (225 ft.) by an approximate depth of 157.4 m (516.4 ft.) and an approximate area of 1.238 ha (3.05 acres), reserving an easement for services. The applicant also requests permission for the severed lands to have an area of 1.238 ha (3.05 acres) rather than the permitted 1.2 ha (2.96 acres); the retained lands to have an area of 1.243 ha (3.07 acres) rather than the permitted 1.2 ha (2.96 acres); permission to have 2 single family dwellings on the retained lands rather than the permitted 1 single family dwelling, with one of the dwellings to have a westerly sideyard of 5.7 m (18.7 ft.) rather than the required 7.5 m (24.6 ft.) and the other dwelling to have an easterly sideyard of 3.3 m (10.82 ff.) rather than the required 7.5 m (24.6 ft.). The Committee considered written submissions from the following public agencies advising they have no comments on or concerns with, this application: · Region's Transportation Planner, dated April 2, 2003; · City's Transportation Planning, dated April 2, 2003; and, · City's Director of Building, dated March 31,2003. The Committee considered the comments of the Region's Planning, Housing and Community Services, dated April 17, 2003, stating they have no objection to these applications provided conditions are imposed with respect to: road widening, and a noise warning clause due to the property's proximity to one of the flight paths leading into and out of the Waterloo Regional Airport. The Committee considered the comments of the Grand River Conservation Authority, dated April 2, 2003, recommending a Scoped Environmental Impact Study be prepared to demonstrate that the proposal will not have a negative impact on the form or function on the wetland or the creek. They also expressed concern that the severance will create a retained lot that is largely within the floodplain of Idlewood Creek, and noted that the retained parcel should have sufficient land outside the floodplain and wetland where replacement buildings could be constructed in future if necessary. The Committee noted the comments of the City's Planning Division, dated April 16, 2003, advising that since the application was submitted, a revised severance plan has been submitted which removes the lands described in Instrument No. 24767, for a strip of land immediately adjacent to Woolner Drive from the property. With respect to the concerns of the Grand River Conservation Authority, Planning staff offered the opinion that creation of a lot in the floodway will not adversely impact the creek and wetland. They suggested it would be more appropriate to defer completion of an Environmental Impact Study to the subdivision application stage where the exact details of the proposal will be known and can be evaluated with respect to its potential impact on the creek and wetland. With respect to the Submission No. A 2003-022, to allow the location of and continued use of the two existing single family dwellings on the retained lands, staff question whether the Committee of Adjustment has the jurisdiction to approve a variance to Section 5.12 of Zoning By-law 85-1 as it relates to the use of the property. It was noted that consideration of these applications was deferred at the April 29, 2003 meeting, and referred to this meeting, in order to obtain an opinion from the City's Legal Services as to whether this Committee has jurisdiction to consider Submission No. A 2003-022. The Committee was in receipt of a memorandum from Ms. F. McCrea, Assistant City Solicitor, dated May 16, 2003, offering the following opinion: The Committee of Adjustment has the jurisdiction to consider the subject application under Section 45(2) (a) (ii) of the Planning Act. The subject proposal is for a use that is similar to the COMMITTEE OF ADJUSTMENT 63 MAY 20, 2003 Submission Nos.: B 2003-017 & A 2003-022 (Cont'd) legal non-conforming use, being two single detached dwellings on a smaller parcel of land. When considering the application, the Committee should have regard to the analysis set out in Harris v. Ottawa (City) Committee of Adiustment (2002) ©.M.B.D. No. 767. Should the Committee approve the application, the approval should include particulars of the parcel and setbacks. The resulting use, if approved, will still be considered legal non-confirming, and any future changes to the use or structures must be in compliance with the applicable zoning, require an amendment to the zoning by-law or further approval of the Committee of Adjustment pursuant to Section 45(2) of the Planning Act. Submission No. B 2003-017 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of 509132 Ontario Ltd. requesting permission to convey a parcel of land having a frontage of 70.8 m (232.28 ff.) on Woolner Road by a depth of approximately 152.985 m (501.91 ff.) and having an area of 1.1665 ha (2.88 ac), subject to an easement in favour of the retained lands for an existing septic tank bed, on Part Lot 11, and Part of 6.096 m Lane Closed by Judge's Order, Registered Plan 591, 200 Woolner Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2003-022. 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. That the owner shall satisfy the 5% parkland dedication required under the Planning Act, based on the area of the severed lands, in the following fashion: (a) The owner shall convey to the City of Kitchener without cost and free of encumbrance, a 606 m2 (6,523 sq. ff.) block of land at the northeasterly corner of the proposed retained lands, to the satisfaction of the City's General Manager of Community Services, concurrently with the conveyance of the proposed severed lands. (b) The owner shall enter into an agreement with the City of Kitchener, satisfactory to the City Solicitor, to be registered on title, to defer conveyance of the remainder of the parkland dedication to the City at such time as the draft plan of subdivision is registered on the severed lands. That the owner shall convey to the Region of Waterloo, without cost and free of encumbrance, a road widening across the Woolner Drive frontage of the severed and retained lands shown as Parts 3 & 4 on the "Proposed Consent Plan", prepared by MacNaughton Hermsen Britton Clarkson Planning Limited, dated April 29, 2003. That the owner shall provide documentation from the owner of the lands subject to Draft Plan of Subdivision Application 30T-97015, satisfactory to the City's Director of Engineering Services, that the servicing of both the severed and retained lands for storm water management, municipal water, and municipal sanitary sewer services can be accommodated through Draft Plan of Subdivision 30T-97015. 6 That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of both the severed and retained lands, to include the following: (a) That the severed lands shall be developed by way of a Draft Plan of Subdivision Application, at which time an Environmental Impact Study will be required to demonstrate that the development of the severed land will not have a negative impact on the natural feature or ecological function of the adjacent lands/Idlewood Creek. COMMITTEE OF ADJUSTMENT 64 MAY 20, 2003 Submission Nos.: B 2003-017 & A 2003-022 (Cont'd) (b) A provision for the deferral of the remainder of the parkland dedication for the severed land, to be conveyed to the City without cost and free of encumbrance concurrently with the registration of a Draft Plan of Subdivision on the severed land. (c) Assurance that any grading of the severed land is compatible with the grade of the retained land. (d) Provision of service connections, including stormwater, municipal water and sanitary sewer to the retained land at such time as Landgren Court is extended and constructed on the severed land. The owner of the retained land shall agree that once the retained land is connected to full municipal services, they will Quit Claim the easement over the severed land for septic services. (e) That a warning clause shall be included in all offers to purchase and sale agreements and/or rental agreements for the severed and retained lands as follows: "Prospective purchasers and tenants are advised that this property is located within, or in close proximity to, one of the flight paths leading into and out of the Waterloo Regional Airport, and that noise from aircraft using this flight path and directional lighting along this flight path may cause concern to some individuals. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 20, 2005. Carried Submission No. A 2003-022 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of 509132 Ontario Ltd. requesting permission to continue the use of 2 single family dwellings, now on a lot having an area of 1.16149 ha (2.87 ac), a frontage of 85.5 m (280.5 ft.), with the easterly dwelling having a sideyard of 3.3 m (10.82 ft.), and the westerly dwelling having a side yard of 5.7 m (18.7 ft.) on Part of Lot 11 and Part of 6.096 m Lane Closed by Judge's Order, Registered Plan 591, 200 Woolner Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the permission given in this decision shall apply to the two dwellings existing on this property on May 20, 2003, as shown on the undated plan titled "Schedule A", submitted with this application, prepared by MacNaughton Hermsen Britton Clarkson Planning Limited. COMMITTEE OF ADJUSTMENT 65 MAY 20, 2003 1. Submission Nos.: B 2003-017 & A 2003-022 (Cont'd) It is the opinion of this Committee that: 1. Approval of this application is in the public interest. 2. Approval of this application represents good planning. 3. Approval of this application will not create unacceptable adverse impacts on the abutting properties. 4. The use of the property for two dwellings on a smaller lot is similar to the existing uses on the property. Carried This meeting recessed at 9:55 a.m. to allow the Committee to consider applications for variances to the City's Fence and Sign By-laws, and reconvened at 10:05 a.m. with the following members present: Messrs. S. Kay, P. Kruse and D. Cybalski. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2003-029 Eden Homes 554 Marl Meadow Crescent Part Block 9, Registered Plan 1832, being Part 93, Reference Plan 58R-12889 As no one appeared in support of this application, the Committee agreed to defer and refer consideration of the application to its meeting scheduled for June 17, 2003. Submission No.: Applicant: Property Location: Legal Description: A 2003-030 Decora Homes (David Reid) 481 & 483 Activa Avenue Parts of Block 18, Registered Plan 58M-258, Being Parts 224 & 225, Reference Plan 58R-13866 Appearances: In Support: Ms. M. Roberts Mr. T. Robbins Contra: None Public Submissions: In Support: None The Committee was advised that the applicant requests that both sides of this semi-detached dwelling be considered one dwelling unit, to be used as one group home. The Committee considered the comments of the City's Planning Division, dated May 14, 2003, in which they advise that a group home is a permitted use in the zoning by-law, and the requested variance is appropriate provided both sides of the dwelling operate as one group home, and provided one half of the semi-detached is not sold or operated by a separate residential care facility. The Committee considered the comments of the Kitchener-Wilmot Hydro, dated May 12, 2003, requesting that the applicant make satisfactory arrangements for the removal of one of the electrical services to the land before this submission is granted. COMMITTEE OF ADJUSTMENT 66 MAY 20, 2003 Submission No.: A 2003-030 (Cont'd) The Committee considered written submissions from the following public agencies advising they have no comments on, or concerns with, this application: · Grand River Conservation Authority, dated May 12, 2003; · Region's Transportation Planner, dated May 13, 2003; and, · City's Director of Building, dated May 13, 2003. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of Decora Homes (David Reid) requesting permission for 2 housekeeping units within a dwelling instead of one housekeeping unit, to allow a semi-detached dwelling to operate as one group home on Parts of Block 18, Registered Plan 58M-258, Being Parts 224 & 225, Reference Plan 58R-13866, 481 & 483 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the use of the entire semi-detached dwelling as a group home shall function under one residential care operator/manager. 2. That a maximum of 8 residents for a group home within the entire semi-detached dwelling shall be permitted. 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Appearances: A 2003-031 Tony Ward 146 Peter Street Lot 9, Registered Plan 252 Carried In Support: Mr. T. Ward Mr. C. Laugalys Contra: None Public Submissions: Canadian National Railway The Committee was advised that the applicant requests permission to construct an addition to the rear of an existing single family dwelling, to have a westerly sideyard of 0.503 m (1.65 ft.) rather than the required 1.2 m (4 ff.). The Committee considered the comments of the City's Planning Division, dated May 8, 2003, advising that the property is currently zoned "E-I" - Existing Use Zone. Rather than the variance requested in the application, the application should be amended to request the following variances: COMMITTEE OF ADJUSTMENT 67 MAY 20, 2003 Submission No.: A 2003-031(Cont'd) (a) a reduction of the easterly side yard requirement, for a building exceeding 10.5 m (34.4 ff.) in height, from 6 m (19.69 ft.) to 2.9 m (9.7 ft.); (b) a reduction of the westerly side yard requirement, for a building exceeding 10.5 m (34.4 ff.) in height, from 6 m (19.69 ft.) to 0.5 m (1.66 ff.); (c) an increase in the maximum additional building floor area from 25% to 60.5% of the total ground floor area of all buildings existing on the date that the "E-1" zone was applied to the subject lands; and, (d) a variance to permit a two-storey addition with a basement whereas no new basement area is permitted except as authorized under a Fill, Construction and Alteration to Waterways Permit from the Grand River Conservation Authority. Planning staff recommend approval of the amended application except for the basement. They note that the Grand River Conservation Authority has indicated they will not issue a permit for the basement, and an addition with a basement on this property will not meet the intent of the City's Municipal Plan. At the request of Mr. Ward, the Committee agreed to consider amendments to the application as outlined in the Planning Division comments, but not to include the basement. The Committee considered the comments of the Grand River Conservation Authority, dated May 13, 2003, in which they advised that the entire property lies within the flood plain of Schneider Creek. They advise they have received additional information regarding the addition, and based on that additional information have no objection to the addition provided the applicant receives approval of a Fill, Construction and Alteration to Waterways Permit prior to the issuance of a building permit. The Committee considered the written submission of the Canadian National Railway, dated May 13, 2003 requesting certain conditions be imposed due to this property's proximity to the CNR line. The Committee considered the written submission of the Region's Transportation Planner, dated May 13, 2003, advising they have no comments on, or concerns with, this application. The Committee considered the comments of the Director of Building, dated May 13, 2003, advising a building permit is required for the proposed rear addition. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Tony Ward requesting permission to construct a two storey rear addition with an easterly side yard, for a building exceeding 10.5 m (34.4 ff.) in height, of 2.9 m (9.7 ff.) rather than the required 6 m (19.69 ff.); a westerly sideyard, for a building exeeding 10.5 m (34.4 ff.) in height, of 0.5 m (1.66 ff.) rather than the required 6 m (19.69 ff.); and an increase in the maximum additional building floor area to 60.5% of the total ground floor area of all buildings existing on the date the "E-I" -Existing Use Zone was applied to the subject lands rather than the permitted 25%, on Lot 9, Registered Plan 252, 146 Peter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply to the proposed addition only as shown on the site plan and elevation drawings submitted with this application, save and except that no basement or cellar shall be constructed under the new addition. That the roof overhang and eaves on the proposed addition shall be located entirely on the applicant's own property. COMMITTEE OF ADJUSTMENT 68 MAY 20, 2003 Submission No.: A 2003-031 (Cont'd) 3. That the owner shall receive final approval of and issuance of a Fill, Construction and Alteration to Waterways Permit from the Grand River Conservation Authority, for the proposed addition within the floodplain of Schneider Creek, prior to the issuance of a building permit. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: A 2003-032 John Latham 61 Roy Street Lot 4, Registered Plan 401 Carried As no one appeared in support of this application, the Committee agreed to defer and refer consideration of the application to its meeting scheduled for June 17, 2003. A 2003-033 Crown Cleaners Inc. 673 Belmont Avenue West Part Lot 4, Registered Plan 343 Submission No.: Applicant: Property Location: Legal Description: As no one appeared in support of this application, the Committee agreed to defer and refer consideration of the application to its meeting scheduled for June 17, 2003. CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-021 Helen & Kim Simpson 62 Gage Avenue Part Lot 20, Registered Plan 402 Appearances: In Support: Mr. & Mrs. R. Simpson Contra: Ms. S. Kauntz Mr. N. Bohn Mr. A. Rubach Mr. O. Tonequzzo Public Submissions: Canadian National Railway The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Gage Avenue of 15.24 m (50 ff.), by a depth of 37.58 m (123.29 ft.), and having an area of 572 m2 (6,157.15 sq. ff.), for use as a triplex. The Committee noted the comments of the City's Planning Division, dated May 8, 2003, recommending conditional approval of the application. COMMITTEE OF ADJUSTMENT 69 MAY 20, 2003 Submission No.: B 2003-021 (Cont'd) The Committee noted the written submission of the Canadian National Railway, dated May 13, 2003, requesting certain conditions be imposed due to this property's proximity to the CNR line. The Committee considered written submissions from the following public agencies advising they have no comments on, or concerns with, this application: · Grand River Conservation Authority, dated May 12, 2003; · Region's Planning, Housing and Community Services, dated May 14, 2003; and, · City's Director of Building, dated May 13, 2003. The following neighbours, appearing in opposition to this application, expressed their concerns at the meeting: Ms. S. Kauntz, and Messrs. N. Bohn and A. Rubach. Generally their concerns related to lack of maintenance and property standards for the existing building and property; the need to have the Police and Fire Department attend at the property; the use of one of the existing buildings on the property for auto repair; the existing traffic problems/hazards on Gage Avenue, and the additional traffic problems which may be created with a potential 3 additional cars entering Gage Avenue at this location. Mr. & Mrs. Simpson advised that their son, who had been living at this address, will no longer be living there. They also advised that they are starting to fix-up the property and will be living in the new triplex. With respect to the traffic concerns, Mr. B. Sloan advised that comments he had received from the City's Traffic staff indicate they have no concerns with this application. Further, he advised that the applicants must submit an application for site plan approval for the new triplex, and traffic issues will be considered at that time. The Chair suggested to the neighbours that they may wish to address their lot maintenance concerns by talking to the City's By-law Enforcement Staff. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of Helen & Kim Simpson requesting permission to convey a parcel of land having a width on Gage Avenue of 15.24 m (50 ff.), by a depth of 37.58 m (123.29 ft.), and having an area of 572 m2 (6,157.15 sq. ff.), on Part Lot 20, Registered Plan 402, 62 Gage Avenue, 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. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation of all new service connections to the severed lands. That the owner shall make arrangements satisfactory to 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. That the owner 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: (a) That the owner shall prepare a tree preservation plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning, and where required, implemented prior to any grading, tree removal, or the issuance of any building permits; such plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. COMMITTEE OF ADJUSTMENT 70 MAY 20, 2003 Submission No.: B 2003-021 (Cont'd) (b) The owner further agrees to implement the approved plan, and no changes to the said plan shall be granted except with prior approval of the City's Director of Planning. 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. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 20, 2005. Submission No.: Applicant: Property Location: Legal Description: B 2003-022 Margaret Minerva English 307 Sydney Street South Part Lot 350, Registered Plan 262 Carried Submission No.: Applicant: Property Location: Legal Description: B 2003-023 Gregory Scard 34 Mansion Street Part Lot 29, Registered Plan 379 Appearances: In Support: Mr. G. Scard Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land having a width of 18.77 m (61 ft.), by a depth on the northerly side of 22.77 m (74 ft.), and on the southerly side of 16 m (52 ff.), and having a an area of 363.8 m2 (3,916.03 sq. ff.), as a lot addition to 40 Mansion Street. The Committee noted the comments of the City's Planning Division, dated May 8, 2003, recommending approval of the requested variance as shown on the submitted plan. The Committee considered written submissions from the following public agencies advising they have no comments on, or concerns with, this application: · Grand River Conservation Authority, dated May 12, 2003; · Region's Transportation Planner, dated May 14, 2003; and, · City's Director of Building, dated May 13, 2003. As no one appeared in support of this application , the Committee agreed to defer and refer consideration of the application to its meeting scheduled for June 17, 2003. COMMITTEE OF ADJUSTMENT 71 MAY 20, 2003 Submission No.: B 2003-023 (Cont'd) Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Gregory Scard requesting permission to convey a parcel of land having a width of 18.77 m (61 ff.), by a depth on the northerly side of 22.77 m (74 ff.), and on the southerly side of 16 m (52 ft.), and having an area of 363.8 m2 (3,916.03 sq. ff.), as a lot addition to 40 Mansion Street on Part Lot 29, Registered Plan 379, 34 Mansion Street, 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 lands to be severed in this application shall be conveyed to the abutting lands at 40 Mansion Street and title shall be taken in identical ownership as the abutting lands, with subsections 50(3) and/or (5) of the Planning Act, 1995 applying to all subsequent conveyances or transactions. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 20, 2005. Carried MINOR VARIANCE & CONSENT Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-024 & A 2003-034 John & Maria Fernandes 73 & 77 Heiman Street Part Lot 75, Subdivision of Lot 18, German Company Tract As no one appeared in support of these applications, the Committee agreed to defer and refer consideration of these applications to its meeting scheduled for June 17, 2003. Submission Nos.: Applicant: Property Location: Legal Description: B 2003-025 & A 2003-035 Old Firehall Lofts Inc. 150 Highland Road West Part Lots 8 & 17-21, Municipal Compiled Plan of Lot 17, German Company Tract, and Lots 10-12 and Part Lot 9, Registered Plan 222 Appearances: In Support: Mr. H. Rotberg Contra: None Other: Ms. R. Bezruki COMMITTEE OF ADJUSTMENT 72 MAY 20, 2003 Submission Nos.: B 2003-025 & A 2003-035 (Cont'd) Public Submissions: Canadian National Railway The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Highland Road of 6.52 m (21.39 ff.), a depth of 135 m (442.91 ft.), and an area of 0.32 ha (0.79 acres); subject to easements in favour of the retained lands for parking and access, and a pedestrian walkway. The proposed use of the property is an 8 unit apartment building. The applicant also requests permission for a northeasterly sideyard for the building on the retained lands of 0 m rather than the required 2.5 m (8.2 ft.), and permission for the severed lands to have a frontage of 6.52 m (21.39 ff.) rather than the required 15 m (49.21 ff.). The Committee noted the comments of the City's Planning Division, dated May 8, 2003, recommending approval of these applications. The Committee noted the comments of the Grand River Conservation Authority advising that a Fill, Construction and Alteration to Waterways Permit is required as a portion of the property is within the floodway of the Henry Sturm Greenway. The Committee noted the comments of Kitchener-Wilmot Hydro Inc. dated May 8, 2003, requesting that the applicant be required to make satisfactory arrangements with them for the provision of electrical services. The Committee noted the written submission of the Canadian National Railway dated May 13, 2003, requesting certain conditions based on this property's proximity to the CNR line. The Committee considered written submissions from the following public agencies advising they have no comments on, or concerns with, this application: · Region's Planning, Housing and Community Services, dated May 13, 2003, and, · City's Director of Building, dated May 13, 2003. Ms. Bezruki addressed the Committee advising of her concerns, specifically: Trespassing onto her property, increased traffic volume, and location of overflow parking. Mr. Rotberg explained that within the next month he will install, as required by the City, a 7 ft. high board fence adjacent to Ms. Bezruki's rear yard, which should eliminate her trespass problem. He also explained the number and location of parking for both the severed and retained lands. Mr. Sloan advised that an application for site plan approval will be required for the new development, and traffic issues will be considered at that time. Messrs. Rotberg and Sloan were requested by the Chair to involve Ms. Bezruki in the site plan approval process. Submission No. B 2003-025 Moved by Mr. S. Kay Seconded by Mr. D. Cybalski That the application of Old Fire Hall Lofts Inc. requesting permission to convey a parcel of land having a width on Highland Road of 6.52 m (21.39 ff.), by a depth of 135 m (442.91 ff.), and an area of 0.32 ha (0.79 ac); subject to easements in favour of the retained land for parking, access, and a pedestrian access; and subject to and/or together with any easement require by Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing to the severed land, on Part Lots 8 & 17- 21, Municipal Compiled Plan of Lot 17, German Company Tract, and Lots 10-12 and Part Lot 9, Registered Plan 222, 150 Highland Road West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 73 MAY 20, 2003 Submission Nos.: B 2003-025 & A 2003-035 (Cont'd) 1. That the owner shall receive final approval of Submission No. A 2003-035. 2. 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. 3. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of all new service connections to the severed lands, and closure of any redundant service connections. 4. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of both the severed and retained lands, to ensure that a right-of-way for access and building maintenance purposes over Part 2, and a right-of-way over Part 4, as shown on the plan submitted with this application, prepared by ACI Surveying Consultants, dated March 26, 2003, are maintained in perpetuity for the retained lands. 5. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. 6. That the owner shall receive approval of, and issuance of, a Fill Construction and Alteration to Waterways Permit from the Grand River Conservation Authority for any construction within the flood plain of the Henry Sturm Greenway. 7. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the severed lands, including any easements required by Hydro. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 20, 2005. Submission No. A 2003-035 Moved by Mr. S. Kay Seconded by Mr. D. Cybalski Carried That the application of Old Firehall Lofts Inc. requesting permission for a northeasterly sideyard on the retained lands of 0 m rather than the required 2.5 m (8.2 ft.), and permission for the severed lands to have a frontage of 6.52 m (21.39 ft.) rather than the required 15 m (49.21 ft.) on Part Lots 8 & 17-21, Municipal Compiled Plan of Lot 17, German Company Tract, and Lots 10-12 and Part Lot 9, Registered Plan 222, 150 Highland Road West, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 74 MAY 20, 2003 Submission Nos.: B 2003-025 & A 2003-035 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 11:35 a.m. Dated at the City of Kitchener this 20th day of May, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment