Loading...
HomeMy WebLinkAboutAdjustment - 2003-06-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 17, 2005 MEMBERS PRESENT: Messrs. P. Kruse, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:00 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 May 20, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 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 At the request of the applicant's agent, the Committee agreed to defer and refer consideration of this application to its meeting scheduled for July 29, 2003. 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 Appearances: In Support: Mr. S. Hall Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to locate the driveway 9 m (29.52 ff.) from the intersection (curve in Marl Meadow Crescent) rather than the required 12 m (39.37 ff.). The Committee considered the comments of the City's Planning Division, dated May 7, 2003, recommending approval of this application. The Committee considered written submissions from the following public agencies advising they have no concerns with, or comments on, this application: COMMITTEE OF ADJUSTMENT 76 JUNE 17, 2003 Submission No.: A 2003-029 (Cont'd) · City's Director of Building, dated May 13, 2003, · City's Transportation Planning, dated May 13, 2003, · Region's Transportation Planner, dated May 13, 2003; and, · Grand River Conservation Authority, dated May 12, 2003. Moved by Mr D. Cybalski Seconded by Mr. B. Isaac That the application of Eden Homes requesting permission to locate the driveway 9 m (29.52 ft.) from the intersection rather than the required 12 m (39.37 ff.), on Part Block 9, Registered Plan 1832, being Part 93, Reference Plan 58R-12889, 554 Marl Meadow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-032 John Latham 61 Roy Street Lot 4, Registered Plan 401 Mr. J. Latham None None Carried The Committee was advised that the applicant requests permission to convert a duplex and office to a triplex on a lot having a width of 12.6 m (41.33 ff.) rather than the required 15 m (49.2 ft.). The Committee considered the comments of the City's Planning Division, dated May 9, 2003, recommending approval of this application to reduce the lot width for a multiple dwelling to 12.6 m. The Committee considered written submissions from the following public agencies advising they have no concerns with, or comments on, this application: · City's Director of Building, dated May 13, 2003. · City's Transportation Planner, dated May 13, 2003, · Region's Transportation Planner, dated May 13, 2003; and, · Grand River Conservation Authority, dated May 12, 2003. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of John Latham requesting permission to convert a duplex and office to a triplex on a lot having a width of 12.6 m (41.33 ft.) rather than the required 15 m (49.2 ff.), on Lot 4, Registered Plan 401,61 Roy Street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 77 JUNE 17, 2003 Submission No.: A 2003-032 (Cont'd) 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: A 2003-033 Crown Cleaners Inc. 673 Belmont Avenue West Part Lot 4, Registered Plan 343 Carried As no one appeared in support of this application, the Committee agreed to defer and refer consideration of this application to its meeting scheduled for July 8, 2003, peremptory. 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 Appearances: In Support: Mr. L. Navaleza Contra: None Public Submissions: None The Committee was advised that the applicant requests permission for separate construction financing for a parcel of land having a width on Highland Road of 4.5 m (14.76 ff.) by a depth of 63.575 m (208.57 ft.) and an area of 1,382.929 m' (14,886.3 sq. ft.). The proposed use of the property is an eight unit apartment building. The Committee was in receipt of revised comments from the Development & Technical Services Department, dated June 9, 2003, advising that their understanding is that the owner and mortgagee have agreed to sign the agreement requested by the Department, with respect to placing a caution on title that certain Planning requirements will have to be met in the event of a default of mortgage. Mr. Navaleza confirmed that the owner and mortgagee have agreed to enter into the agreement requested by the City of Kitchener. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of 2015155 Ontario Inc. requesting permission to mortgage a parcel of land having a width on Hig~hland Road of 4.5 m (14.76 ff.) by a depth of 63.575 m (208.57 ff.) and an area of 1,382.929 rn' (14,886.3 sq. ft.), on Part Lots 16 - 19, Registered Plan 25, being Part of Parts 1 & 2, Reference Plan 58R-1564, 274 Highland Road East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 78 JUNE 17, 2003 Submission No.: B 2003-020 (Cont'd) 2. That the owner and mortgagee(s) shall enter into an agreement with the City of Kitchener, to be approved by the City Solicitor and registered on title of the subject land, acknowledging that in the event of the defaulted mortgage, that consent to sever, minor variance(s), rights-of-way for access, and easements for services may be required in order to convey the severed lands. 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 June 17, 2005. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: B 2003-022 Margaret Minerva English 307 Sydney Street South Part Lot 350, Registered Plan 262 Mr. A. Kope None None Carried The Committee was advised that the applicant requests permission to convey a parcel of land having a width of 11.625 m (38.14 ft.), by a depth of 4.93 m (16.17 ft.), and an area of 57.31 m2 (616.9 sq. ff.), as a lot addition to 526 Mill Street. The Committee considered the comments of the City's Planning Division, dated May 9, 2003, in support of the application. The Committee considered written submissions from the following public agencies advising they have no concerns with, or comments on, this application: · City's Director of Building, dated May 13, 2003, · Grand River Conservation Authority, dated May 12, 2003, and, · Region's Planning, Housing and Community Services, dated May 14, 2003. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Margaret Minerva English requesting permission to convey a parcel of land having a width of 11.625 m (38.14 ft.), by a depth of 4.93 m (16.17 ft.), and an area of 57.31 m2 (616.9 sq. ff.), as a lot addition to 526 Mill Street, on Part Lot 350, Registered Plan 262, 307 Sydney Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 79 JUNE 17, 2003 Submission No.: B 2003-022 (Cont'd) 1. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the lands to be severed in this application shall be added to the abutting lands at 526 Mill Street, and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act, 1995. 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 June 17, 2005. Carried CONSENT & MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: B 2003-024 & A 2003-034 John & Marie Fernandes 73 & 77 Heiman Street Part Lot 75, Subdivision of Lot 18, German Company Tract Mr. R. Nightingale None None The Committee was advised that the applicants request permission to convey a parcel of land having a width along Heiman Street of 16.633 m (54.57 ft.) a depth of 38 m (124.67 ff.), a width along the rear Iotline of 29.742 m (97.59 ft.), and an area of 780 m2 (8,396.12 sq. ff.). The use of the property will continue as multi-unit residential. The Committee was further advised that the applicants also request permission for 0% of the lot to be landscaped rather than the required 20%, and legalization of the building setback on the retained lands of 2.52 m (8.26 ff.) rather than the required 4.5 m (14.76 ft.). The Committee noted the comments of the Planning Division, dated May 9, 2003, recommending that the request to reduce the landscaped area be refused, as the applicant can comply with the minimum required landscaped area. He also recommended an amendment to A 2003-034 for a sideyard setback for the severed land of 1.13 m rather than the required 2.5 m. With respect to Submission No. B 2003-024, Planning staff recommended that the application be conditional approved. COMMITTEE OF ADJUSTMENT 80 JUNE 17, 2003 Submission Nos.: B 2003-024 & A 2003-034 (Cont'd) At the request of Mr. Nightingale, the Committee agreed to consider an amendment to Submission No. A 2003-034 for the sideyard reduction on the severed land. The Committee considered written submissions from the following public agencies advising they have no comments on, or concerns with, this application: · City's Director of Building, dated May 13, 2003, · Region's Planning, Housing & Community Services, dated May 14, 2003, · Regions Transportation Planner, dated May 13, 2003, and, · Grand River Conservation Authority, dated May 12, 2003. The Committee considered the comments of the City's Transportation Planning, dated May 13, 2003, recommending a site plan be submitted indicating an approved parking layout, and that existing parking spaces in the front of the building be eliminated as they encroach into the driveway visibility triangle. Submission No. B 2003-024 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of John & Maria Fernandes requesting permission to convey a parcel of land having a width on Heiman Street of 16.633 m (54.57 ff.), a depth of 38 m (124.67 ff.), a width along the rear Iotline of 29.742 m (97.59 ft.), and an area of 780 m2 (8,396.12 sq. ff.) on Part Lot 75, Subdivision of Lot 18, German Company Tract, 73 Heiman Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2003-034. 2. That the owner shall submit a plan identifying that the garage on the retained parcel has been demolished, and replaced with the required parking, and also indicates the new and existing landscaped areas to ensure compliance with the Zoning By-law; further the owner shall agree to implement the said plan, all to the satisfaction of the City's Director of Planning. 3. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 17, 2005. Carried COMMITTEE OF ADJUSTMENT $1 JUNE 17, 2003 Submission Nos.: B 2003-024 & A 2003-034 (Cont'd) Submission No. A 2003-034 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of John & Maria Fernandes requesting legalization of a building on the retained lands having a setback of 2.52 m (8.26 ff.) rather than the required 4.5 m (14.76 ff.), and a building on the severed lands with an easterly sideyard of 1.13 m (3.7 ft.) rather than the required 4.5 m (14.76 ft.), on Parts of Lot 75, Subdivision of Lot 18, German Company Tract, 73 & 77 Heiman Street, Kitchener, Ontario, BE APPROVED. 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. - and - That the application of John & Maria Fernandes requesting permission for 0% of the severed land to be landscaped rather than the required 20%, on Part Lot 75, subdivision of Lot 18, German Company Tract, 73 Heiman Street, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2003-037 James & Alicia Peters 476 Pioneer Drive Lot 460, Registered Plan 1404 Appearances: In Support: Ms. A. Peters Contra: None Public Submissions: None The Committee was advised that the applicants request permission to provide the second parking space for this duplex in the driveway, in front of the building, rather than behind the building line. COMMITTEE OF ADJUSTMENT $2 JUNE 17, 2003 Submission No.: A 2003-037(Cont'd) The Committee noted the comments of the Development & Technical Services Department, dated June 9, 2003, noting that the applicant seeks legalization of one of the required parking spaces for a duplex use to be setback 2.7 m (9 ft.), from the streetline rather than the required 6 m (19.69 ft.). Staff recommended approval of the application on condition that the applicant plant suitable vegetation in an appropriate location in the frontyard. When questioned by the Committee, Mr. Sloan stated that a coniferous tree would be suitable vegetation. Mr. Sloan was requested by the Committee to meet with the applicant to determine exactly where in the frontyard the coniferous tree should be located. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of James & Alicia Peters requesting legalization of one of the required parking spaces for the existing duplex to be setback 2.7 m (9 ff.) from the streetline rather than the required 6 m (19.69 ff.), on Lot 460, Registered Plan 1404, 476 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall plant a coniferous tree in a location in the frontyard, with in 3 months of the date of this decision, with the tree species and location to be satisfactory of the City's Manager of Design & Development. 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. Carried Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: In Support: A 2003-038 Jian Y. Ai & Wei Hu 311 Edwin Street Lot 20, Plan 660 Mr. Wei Hu None None The Committee was advised that the applicant requests permission not to provide the required parking space for a home business. The Committee considered the comments of the Development & Technical Services Department, dated June 9, 2003, in which they recommended the application be amended to request the parking space for the home business be provided in tandem, on the driveway, ahead of the building line. Mr. Hu requested permission to amend the application as recommended by staff. COMMITTEE OF ADJUSTMENT $3 JUNE 17, 2003 Submission No.: A 2003-038 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Jian Y. Ai & Wei Hu requesting permission to provide the required parking space for a home business in tandem, in the existing driveway, ahead of the building line, on Lot 20, Plan 660, 311 Edwin Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain the required occupancy permit for the home business It is the opinion of this Committee that: The variance requested in this application is 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: Carried A 2003-039 Kehl Kitchener Properties Inc. 185 Kehl Street Lots 51 & 52, Registered Plan 791, being Parts 1 & 2, Reference Plan 58R-5721 As no one appeared in support of this application, the Committee agreed to defer and refer their consideration of this application to its meeting scheduled for July 8, 2003. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: In Support: A 2003-040 David & Rose Rioux 228 Weber Street East Lot 65, Registered Plan 77 Mr. D. Rioux None None The Committee was advised the applicants request permission to construct a second floor balcony with a rear yard of 2 m (6.56 ff.) rather than the required 4 m (13.12 ff.). The Committee noted the comments of the Development & Technical Services Department, dated June 6, 2003, recommending approval of the application provided a 5 ft. privacy screen is erected at the rear of the deck. It was noted that comments were received from the Region's Transportation Planning, dated June 5, 2003, noting that a 10 ff. road widening and 25 ft. daylighting triangle will be required from this property; although, it may not be appropriate to require them through this application. COMMITTEE OF ADJUSTMENT 84 JUNE 17, 2003 Submission No.: A 2003-040 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of David & Rose Rioux requesting permission to construct a second floor balcony with a rear yard of 2 m (6.56 ff.) rather than the required 4 m (13.12 ff.), on Lot 65, Registered Plan 77, 228 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the proposed balcony generally as shown on the plan submitted with this application. 2. That the owners shall erect a 1.52 m (5 ft.) privacy screen at the rear of the balcony. 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: Leqal Description: A 2003-041 City of Kitchener 165 Duke Street Lot 12 & Part Lot 1, Registered Plan 364 Appearances: In Support: Mr. J. Knibb Contra: None Public Submissions: In Support: None Carried The Committee noted the comments of the Development & Technical Services Department, dated June 10, 2003, in which staff advised that the current required building setback from Duke Street is 4.5 m (14.76 ff.), and a canopy is permitted to project up to 1.8 m (5.9 ft.) into the required setback. The applicant is requesting a support canopy to project 2.25 m (7.38 ff.) into the Duke Street setback, rather than the permitted 1.8 m, that the canopy not be supported by the ground, and the entrance feature is to be setback 2.65 m (8.69 ff.) from the Duke Street lot line rather than the required 4.5 m (14.76 ff.). Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of The City of Kitchener requesting permission to locate a supported canopy to project up to 2.25 m (7.38 ft.) into the Duke Street setback, rather than the permitted 1.8 m (5.9 ff.) with a setback from Duke Street of 2.65 m (8.69 ff.) rather than the required 4.5 m (14.76 ft.), on Lot 12 and Part Lot 1, Registered Plan 364, 165 Duke Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: The Committee was advised that the applicant requests permission to locate the columns for the entrance canopy 2.65 m (8.69 ft.) from Duke Street rather than the required 4.5 m (14.76 ff.), and the canopy to be located 1.8 m (5.9 ff.) from Duke Street rather than the required 2.25 m (7.38 ff.). COMMITTEE OF ADJUSTMENT 85 JUNE 17, 2003 Submission No.: A 2003-041(Cont'd) 1. That the variance as approved in this application shall apply to the proposed entrance canopy generally in accordance with the plan submitted with this application, dated May 12, 2003. 2. That the entrance canopy shall not be fully enclosed. 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: A 2003-042 The Carlau Group Ltd. 20-22 Sheldon Avenue North Lot 33, Registered Plan 231 Appearances: In Support: Ms. C. Walker Contra: None Public Submissions: In Support: None Carried The Committee was advised that the applicant requests legalization of an existing triplex having an easterly sideyard of 1.39 m (4.58 ft.) rather than the required 1.5 m (5 ff.), on a lot having a width of 12.19 m (40 ff.) rather than the required 15 m (49.2 ff.), and permission to provide 2 parking spaces in tandem in the existing driveway rather than side by side. The Committee noted the comments of the Development & Technical Services Department, dated June 6, 2003, in which staff advised that the "R 7" Zone permits a multiple dwelling containing 3 units; however, the following variances to the regulations are required for this property: · a lot width of 12.2 m (40 ff.) rather than the required 15 m (49.2 ft.), · an easterly sideyard of 1.3 m (4.58 ft.) rather than the required 2.5 m (8.2 ff.), · a westerly sideyard of 2.41 m (7.92 ff.) rather than the required 2.5 m (8.2 ff.), · permission to provide two parking spaces in tandem rather than each having unobstructed access to Sheldon Avenue Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of The Carlau Group Ltd. requesting legalization of a triplex on a lot having a width of 12.2 m (40 ff.) rather than the required 15 m (49.2 ff.), having an easterly sideyard of 1.3 m (4.58 ff.), and a westerly sideyard of 2.41 m (7.92 ft.) rather than the required 2.5 m (8.2 ft.), and legalization of 2 parking spaces in tandem rather than each having unobstructed access to Sheldon Avenue, on Lot 33, Registered Plan 231, 20-22 Sheldon Avenue North, Kitchener, Ontario BE APPROVED, subject to the following condition: 6. Submission No.: A 2003-042 (Cont'd) COMMITTEE OF ADJUSTMENT 88 JUNE 17, 2003 1. That the variances as approved in this application shall apply to the existing building only, generally as shown on the plan prepared by Gunther Rueb, ©.L.S., dated July 27, 1978, 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. 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 Submission No.: Applicant: Property Location: Legal Description: A 2003-043 David & Judy Hight 97 Simeon Street 97 Simeon Street, Lot 109, Registered Plan 414 Appearances: In Support: Mr. R. Clements Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to replace an existing addition with a new one of the same size and in the same location, with a rear yard of 3.17 m (10.43 ft.) rather than the required 5 m (24.6 ft.). The Committee noted the comments of the Development & Technical Services Department, dated June 4, 2003, in which staff advise that the existing 2 storey structure, the one storey rear addition, and the attached garage, were constructed entirely before the current Zoning By-law. The owners wish to demolish the existing one storey addition and attached garage, and replace them with a 1 storey kitchen and storage room addition. Consequently, the following variances are required: a corner lot width of 14.5 m, a setback of 4.47 m for a sideyard abutting a street, and a rear yard setback of 3.18 m; whereas the by-law requires a minimum corner lot width of 15 m, a 4.5 m setback for a sideyard abutting a street, and a rear yard setback of 7.5 m. Staff also advise that the existing parking space, between the garage and road is undersized, resulting in vehicles overhanging the sidewalk. The applicant has submitted a revised site plan shifting the proposed addition towards the southerly sideyard so that the faCade of the addition will be in line of that of the house. This change in citing of the addition will allow for one legal parking space adjacent to the rear lot line. The location of this parking space requires an amendment to the application, as it will be located 0 m from the street line rather than the required 6 m. At the request of Mr. Clements the Committee agreed to consider amendments to the application as outlined in the Development & Technical Services Department report. 7. Submission No.: A 2003-043 (Cont'd) COMMITTEE OF ADJUSTMENT 87 JUNE 17, 2003 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of David & Judy Hight requesting legalization of a corner lot having a width of 14.5 m (47.57 ff.) rather than the required 15 m (49.21 ff.); permission to construct a rear addition with a setback of 4.47 m (14.88 ff.) for a sideyard abutting a street rather than the required 4.5 m (14.78 ff.), a rear yard of 3.18 m (10.43 ff.) rather than the required 7.5 m (24.8 ff.); and permission to locate an off-street parking space 0 m from Brubacher Street rather than the required 8 m (19.88 ff.), on Lot 109, Registered Plan 414, 97 Simeon Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried MINOR VARIANCE & CONSENT Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-026 & A 2003-036 Gravity Custom Homes Ltd. Thomas Slee Drive Lot 35, Registered Plan 58M-109 Appearances: In Support: Mr. K. Marinovic Contra: None Other: None Public Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land having a width of 34.435 m (112.97 ft.), by a depth of 88.127 m (289.13 ff.), and an area of 0.2323 ha (0.57 ac). The applicant also requests permission for the severed lot to have an area of 0.2323 ha (0.57 ac) and the retained lot to have an area of 0.2793 ha (0.69 ac) rather than each lot having an area of 0.4 ha (0.988 ac). The Committee considered the comments of the Development & Technical Services Department, dated June 5, 2003, in which staff recommend approval of these applications. The Committee considered a written submission from Kitchener-Wilmot Hydro Inc., dated June 13, 2003, requesting that the applicant make arrangements for electrical servicing, including any easements required by them. 2. Submission Nos.: B 2003-026 & A 2003-036 (Cont'd) COMMITTEE OF ADJUSTMENT $$ JUNE 17, 2003 Submission No. B 2003-026 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Gravity Custom Homes Ltd. requesting permission to convey a parcel of land having a width of 34.435 m (112.97 ff.) by a depth of $$.127 m (259.13 ff.) and an area of 0.2323 ha (0.57 ac); subject to and/or together with any easements required by Kitchener-Wilmot Hydro Inc. to ensure property electrical servicing, on Part Lot 35, Registered Plan 55M-109, Thomas Slee Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the proper electrical servicing of the severed lands, including granting any easements required by them. 2. That the owner shall receive final approval of Submission No. A 2003-036. 3. 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. 4. 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 and retained lands. 5. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation to City standards, of sidewalks and boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 6. That the owner shall receive approval from the City Chief Building Official of a geotechnical investigation completed by a professional engineer confirming the suitability of the severed lot for a private in-ground sewage disposal system. 7. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 17, 2005. Carried COMMITTEE OF ADJUSTMENT 89 JUNE 17, 2003 Submission Nos.: B 2003-026 & A 2003-036 (Cont'd) Submission No. A 2003-036 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Gravity Custom Homes Ltd. requesting permission for the severed lands to have an area of 0.2323 ha (0.57 ac) and the retained lot to have an area of 0.2793 ha (0.69 ac) rather than the required 0.4 ha (0.988 ac), on Parts of Lot 35, Registered Plan 58M-109, Thomas Slee Drive, Kitchener, Ontario, BE APPROVED. 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 10:30 a.m. Dated at the City of Kitchener this 17th day of June, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment