HomeMy WebLinkAboutAdjustment - 2003-07-29 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JULY 29, 2005
MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and B. Isaac.
OFFICIALS PRESENT: Ms. D. Ross, Senior Planner, and Ms. D. Gilchrist, Acting Secretary-
Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 9:35 a.m.
Moved by Mr. S. Kay
Seconded by Mr. P. Kruse
That the minutes of the regular meeting of the Committee of Adjustment of July 8, 2003, as mailed to the
members, be accepted.
UNFINISHED BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicant:
Property Location:
Legal Description:
Carried
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
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 August 19, 2003.
CONSENT
Submission Nos.:
Applicant:
Property Location:
Leqal Description:
B 2003-032 & B 2003-033
Waterloo North Condominium Corporation No. 1/Michael & Anne
Marie Sully
Rear of 43 Margaret Avenue/38 Ahrens Street West
Parts of Lot 182, Registered Plan 374
Appearances:
In Support:
Mr. C. Robson
Contra: None
Public Submissions: None
The Committee was advised that the land which is the subject of these applications is in between
the rear of 43 Margaret Avenue and 38 Ahrens Street West, abutting a public lane. Each owner
requests permission to convey a small portion of land to the other as a lot addition. Each parcel
of land to be conveyed will have an area of approximately 18.4 m2 (198.06 sq. ff.).
The Committee considered the comments of the Development & Technical Services Department,
dated July 22, 2003, advising that the applications merely seek to reconfigure two existing lots,
which should not have any impact on the surrounding neighbourhood. They noted that no
COMMITTEE OF ADJUSTMENT 102 JULY 29, 2003
Submission Nos.: B 2003-032 & B 2003-033 (Cont'd)
building would be able to be built on the condominium portion of the subject lands for use in
conjunction with the condominium, as it would not be able to comply with the zoning uses and
regulations. Staff recommended that these applications be approved for lot additions only.
Submission No. B 2003-032
Moved by Mr. B. Isaac
Seconded by Mr. P. Kruse
That the application of Waterloo North Condominium Corporation No. 1 requesting permission to
convey a parcel of land having a width on a public lane of 5.029 m (16.49 ft.) by a depth of 3.658
m (12 ft.) and an area of 18.39 m2 (197.95 sq. ft.) as a lot addition on Part Lot 182, Registered
Plan 374, being Part 3, Draft Reference Plan, Public Lane at the rear of 43 Margaret 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 Part 1 on the draft reference plan dated October 10th, 2002 shall be added to the
abutting lands shown as Part 4 on the same draft reference plan, and title shall be taken
into identical ownership, and that Parts 2 and 3 of the same draft reference plan shall be
added to the abutting lands municipally known as 38 Ahrens Street West and title shall be
taken into identical ownership; with any subsequent conveyance of the parcels complying
with Sections 50 (3) and/or (5) of the Planning Act, 1995.
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 July 29, 2005.
Carried
Submission No. B 2003-033
Moved by Mr. B. Isaac
Seconded by Mr. P. Kruse
That the application of Anne Marie & Michael Sully requesting permission to convey a parcel of
land having a width of 15.088 m (49.5 ft.) by a depth of 1.219 m (4 ft.) and an area of 18.4 m2
(198 sq. ft.) on Part Lot 182, Registered Plan 374, being Part 1, Draft Reference Plan, 38 Ahrens
Street West, 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.
COMMITTEE OF ADJUSTMENT 103 JULY 29, 2003
Submission Nos.: B 2003-032 & B 2003-033 (Cont'd)
That Part 1 on the draft reference plan dated October 10th, 2002 shall be added to the
abutting lands shown as Part 4 on the same draft reference plan, and title shall be taken
into identical ownership, and that Parts 2 and 3 of the same draft reference plan shall be
added to the abutting lands municipally known as 38 Ahrens Street West and title shall be
taken into identical ownership; with any subsequent conveyance of the parcels complying
with Sections 50 (3) and/or (5) of the Planning Act, 1995.
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 July 29, 2005.
Carried
Submission Nos.:
Applicant:
Property Location:
Leqal Description:
B 2003-034 & B 2003-035
Pioneer Sportsworld Inc.
100 Sportsworld Drive
Part Lots 8 & 9, Beaseley's Broken Front Concession
At the request of the applicant, the Committee agreed to defer and refer consideration of these
applications to its meeting scheduled for August 19, 2003.
NEW BUSINESS
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
A 2003-048
Christian J. Gendron
191 Chandos Drive
Lot 48, Registered Plan 1692
Mr. C. Gendron
None
None
At the request of Mr. Gendron, the Committee agreed to defer and refer consideration of this
application to its meeting scheduled for September 9, 2003.
COMMITTEE OF ADJUSTMENT 104 JULY 29, 2003
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
A 2003-049
Polocorp Inc.
389 Queen Street South
Part Lots 6, 7 & 9, Registered Plan 397
Mr. P. Puopolo
None
None
The Committee was advised that the applicant requests permission to locate a personal service
business in a building having a gross floor area of 1487 m2 (16,006 sq. ff.) rather than the
required 4700 m2 (50,592 sq. ft.).
The Committee noted the comments of the Development & Technical Services Department, dated
July 17, 2003, in which they recommend this application be amended to allow a personal service use
(s) to locate within 100% of the existing building instead of within an office building.
Moved by Mr. P. Kruse
Seconded by Mr. B. Isaac
That the application of Polocorp Inc. requesting permission to locate personal service use(s) in a
2 2
building having a gross floor area of 14.$7 m (16,006 sq. ft.) rather than the required 4,700 m
(50,592 sq. ff.), to occupy 100% of the building rather than being located within an office building,
on Part Lots 6, 7, & 9, Registered Plan 397, 359 Queen Street South, 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 2003-050
Diana Kraft
21 Chestnut Street
Lot 13, Registered Plan 327
Carried
Ms. D. Kraft
None
None
That the Committee was advised that the applicant requests permission to provide 2 parking spaces
in tandem in the existing driveway, for a home and home business (complimentary health care) rather
than 2 parking spaces side by side.
The Committee considered the comments of the Development & Technical Services Department,
dated July 22, 2003, recommending approval of the application subject to the applicant obtaining
a Certificate of Occupancy for the home business.
COMMITTEE OF ADJUSTMENT 105 JULY 29, 2003
Submission No.: A 2003-050 (Cont'd)
Moved by Mr. B. Isaac
Seconded by Mr. P. Kruse
That the application of Diana Kraft requesting permission to provide 2 parking spaces in tandem,
in the existing driveway, for a home and home business, rather than 2 parking spaces located
side-by-side, on Lot 13, Registered Plan 327, 21 Chestnut Street, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That the applicant shall obtain a Certificate of Occupancy 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 2003-053
Randy & Sheryl Knipping
70 Peach Blossom Crescent
Part Block 2, Registered Plan 58M-238, being Part 17, Reference Plan
58R-13651
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 August 19, 2003.
A 2003-054
Imtiaz & Samina Sheikh
34 Peach Blossom Crescent
Part Block 1, Registered Plan 58MR-13651
Submission No.:
Applicant:
Property Location:
Legal Description:
As no appeared in support of this application, the Committee agreed to defer and refer
consideration of this application to its meeting scheduled for August 19, 2003.
CONSENT
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-036
Nicholas & Patricia Boyko
433 & 437 Stirling Avenue
Part Lots 15 & 161 Registered Plan 25
Appearances:
In Support:
Mr. D. Shiell
Contra:
Ms. A. Schork &
Messrs. R. & W. Schork
Public Submissions: None
The Committee was advised that the applicants request permission to convey a parcel of land
having a width of 25.146m (82.5 ff.), by a depth of 62.484m (205 ft.), and an area of 1,571.22m2
(16,913.04 sq. ff.) as a lot addition to 274 Highland Road East.
COMMITTEE OF ADJUSTMENT 106 JULY 29, 2003
Submission No.: B 2003-036 (Cont'd)
The Committee noted the comments of the Development & Technical Services Department,
dated July 21,2003, recommending approval of the application.
The Committee noted the comments of the Region's Housing, Planning & Community Services
Department, dated July 23, 2003, advising they have no objections to the application.
Messrs. Schork addressed the Committee on behalf of their mother, who owns the abutting
property at 429 Stirling Avenue South, with respect to their concerns regarding drainage and
elevations, as the abutting properties are at a higher elevation than 429 Stirling Avenue South.
The Committee advised that matters with respect to development of the property, including
drainage, will be addressed through the site plan process. Ms. D. Ross was requested to keep
the Shorks informed throughout the site plan approval process.
Moved by Mr. P. Kruse
Seconded by Mr. B. Isaac
That the application of Nicholas & Patricia Boyko requesting permission to convey a parcel of
land having a width of 25.146 m (82.8 ft.) by a depth of 62.48 m (205 ft.) and having an area of
1,571.22 m2 (16,913.04 sq. ff.) as a lot addition to 274 Highland Road East, on Part Lots 15 & 16,
Registered Plan 25, 433 & 437, Stirling Avenue, South, 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 shall be added to the abutting lands, municipally known as
274 Highland Road East, and title shall be taken in identical ownership as the abutting
lands, with any subsequent conveyance of the parcel to be severed complying with
Sections 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.
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 July 29, 2005.
Carried
COMMITTEE OF ADJUSTMENT 107 JULY 29, 2003
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
B 2003-037
Canadian Pacific Railway Company/
The Grand River Railway Company
existing CPR Spur Line
adiacent to 1 Deilcraft (Chandaria) Place
Mr. W. Doyle
None
None
The Committee was advised that the applicants request permission to convey a portion of the
CPR Spur Line, having a width at Wilson Avenue of 9.144m (30 ff.) by a length of 425.77 m
(1396.9 ff.) and an area of 0.3836 ha (0.948 ac) as a lot addition to 1 Deilcraft (Chandaria) Place.
The Committee considered the comments of the Development & Technical Services Department,
dated July 21, 2003, and the comments of the Region's Planning, Housing & Community
Services Department, dated July 22, 2003, in which they recommend approval of the application
provided the land is conveyed as a lot addition.
Moved by Mr. P. Kruse
Seconded by Mr. B. Isaac
That the application of Canadian Pacific Railway Company/The Grand River Railway Company
requesting permission to convey a parcel of land having a width at Wilson Avenue of 9.144 m (30
ff.) by a length of 425.77 m (1,396.9 ft.) and an area of 0.386 ha (0.948 ac) as a lot addition to 1
Deilcraft (Chandaria) Place, on Lot 5, Registrar's Compiled Plan 1524, Canadian Pacific Spur
Line at Wilson Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owners shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
2. That the lands to be severed shall be added to the abutting lands and title shall be taken in
identical ownership as the abutting lands; with any subsequent conveyance of the parcel
to be severed complying with Sections 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.
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 July 29, 2005.
Carried
COMMITTEE OF ADJUSTMENT 108 JULY 29, 2003
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-039
Voisin Developments Limited
1400 Ottawa Street South
Part Lot 47, Registered Plan 1758 & Part of Part 2, Reference Plan
58R-3076
Appearances:
In Support:
Ms. J. Voisin
Mr. G. Voisin
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to sever and lease the
following land in excess of 20 years: frontage on Ottawa Street of 170m (557.74 ff.), an
approximate depth of 140 m (459.31 ff.), and an area of 34,000m2 (365,984.93 sq. ft.) to be used
as a Canadian Tire Store, Automotive Centre, Gas Bar and CarWash.
The Committee considered the comments of the Development & Technical Services Department,
dated July 23, 2003, recommending amendments to the application, as easements for services
and rights-of-way over the retained lands are required. In this regard, a revised site plan was
provided showing the location of easements for sewers, gas, water and hydro along with rights-
of-way for access.
At the request of Mr. Voisin, the Committee agreed to considered amendments to the application
as outlined in the Development & Technical Services Department report.
The Committee considered comments from the Region's Planning, Housing & Community
Services Department, dated July 23, 2003, advising they have no objection to the approval of this
application, provided a right-of-way agreement for access to Ottawa Street is entered into for both
the severed and retained lands.
The Committee considered the comments of the Grand River Conservation Authority, dated July
22, 2003, in which they advise they have no concerns with this application.
Moved by Mr. P. Kruse
Seconded by Mr. B. Isaac
That the application of Voisin Developments Limited requesting permission to convey and lease a
parcel of land having a frontage on Ottawa Street of 170 m (557.74 ff.), by an approximate depth
of 140 m (459.31 ff.), and having an area of 34,000 m2 (365,984.93 sq. ff.), together with
easements/rights-of-way over the retained lands for access and services as shown on the site
plan submitted to the Committee of Adjustment on July 29, 2003, on Part Lot 47, Registered Plan
1758, 1400 Ottawa Street South, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
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.
That the owners of the retained and severed lands shall enter into an agreement, to be
approved by the City Solicitor, which will ensure that rights-of-way for access and
easements for servicing and storm water management are maintained in perpetuity, and
provide confirmation that said agreement has been registered against the title of both
properties.
That the owner shall receive approval from the City's Manager of Design & Development
of a draft reference plan showing the proposed right-of-way and easements.
COMMITTEE OF ADJUSTMENT 109 JULY 29, 2003
Submission No.:
B 2003-039 (Cont'd)
4. 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.
5. That the owners of the severed and retained lands shall enter in a mutual right-of-way
agreement for access to Ottawa Street (Regional Road #4) for both the severed and
retained lands, which shall be registered on title, with a copy of the registered agreement
being sent to the Region's Planning, Housing & Community Services Department for
information.
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 July 29, 2005.
Carried
MINOR VARIANCE & CONSENT
Submission Nos.:
Applicant:
Property Location:
Leqal Description:
B 2003-038 & A 2003-051
Andrew Dziedziejko (Dejayko Ent. Inc.)
39 Marketa Crescent
Lot 6, Registered Plan 1043
Appearances:
In Support:
Mr. A. Dziedziejko
Contra:
Ms. A. Good
Ms. E. Petsche
Mr. S. Roe
Mr. Z. Janecki
Mr. & Mrs. R. Miniou
Public Submissions:
Neighbourhood Petition
Ms. E. Petsche
Mr. & Mrs. R. Miniou
M. Janecek
The Committee was advised that the applicant requests permission to convey a parcel of land
having a width on Marketa Crescent of 8.9m (29.199 ft.), by a depth of 83.988m (275.55 ff.) on
the east side, and 53.53m (175.62 ff.) on the west side, and an area of 0.155 ha (0.382 ac), for
the development of a new single family dwelling. The new lot will have a width of 10m (32.8 ff.) at
the building line rather than the required 13.7m (44.94 ft.).
The Committee considered the comments of the Development & Technical Services Department,
dated July 21,2003, advising that the proposed use conforms to the Municipal Plan, as it can be
considered an infill proposal which would result in a more efficient use of land, and is compatible
COMMITTEE OF ADJUSTMENT 110 JULY 29, 2003
Submission Nos.: B 2003-038 & A 2003-051 (Cont'd)
with the single detached dwellings in the immediate area. They also advise that the severance
can be considered appropriate and suitable development, as the severed and retained lots would
be compatible in width and area with the lot immediately adjacent, and the majority of the
surrounding lots in the neighbourhood. Staff recommend approval of these applications, subject
to certain conditions, including the submission and approval by the City of Kitchener, of a plan
showing the location of all buildings, accessory building, driveway and decks. Also to be required
is a plan showing the location of all trees to be preserved and removed, and justification for those
to be removed.
The Committee considered the comments of the Region's Planning, Housing & Community
Services Department, dated July 23, 2003, advising they have no objection to these applications.
The Committee was in receipt of and gave consideration to the following from the delegations in
opposition to these applications:
· photographs of the subject property and surrounding properties;
· a zoning map showing the subject property and surrounding properties;
· extract from a plan showing the subject property and surrounding properties, including lot
dimensions;
· aerial photograph of the subject property and surrounding properties;
· a petition in opposition to these applications signed by 12 residents of Marketa Crescent and
Georgian Place;
· a letter of opposition from Ms. E. Petsche, 41 Marketa Crescent;
· a letter of opposition from Mr. & Mrs. R. Miniou, 159 Georgian Place; and,
· a letter from M. Janecek, Collingwood, Ontario, a former owner of 39 Marketa Crescent.
Mr. Dziedziejko addressed the Committee explaining his applications, and the site plan submitted
this date advising that he will construct a house which is compatible with the existing
neighbourhood, including his home located at 40 Marketa Crescent.
Ms. A. Good and Messrs. Z. Janecki, Planning Consultant, and Miniou and Roe, abutting
neighbours on Georgian Place, addressed the Committee advising of their concerns with the
subject applications, summarized as follows:
· this properties is unique and sits among 5 very large lots at the end of a cul-de-sac;
· other lots in the immediate area are not as large, and do not have the same prestige;
· development of the severed land will harm the line of trees on the abutting property at 41
Marketa Crescent;
· the Applicant for Minor Variance is improper as lots in the immediate area are much larger;
· these applications do not represent infilling, but trying to squeeze in another lot for profit only;
· this proposal is not desirable or appropriate development;
· a driveway could not be located on the lot in compliance with by-law requirements;
· siting of the driveway on the severed land will be too close to the driveway at 41 Marketa
Crescent, and the view from the street will be all driveways and asphalt;
· the residents on Georgian Place bought their properties because they thought Marketa
Crescent was fully development and their rear yards offered a lot of privacy;
· the staff report shows no consideration for the impact of the proposed development on the
Georgian Place properties;
· residents in the area have no idea or assurance as to what will be built;
· because of the shape of the severed lot, the house would have to be built at the back of the
lot, close to Georgian Place;
· these applications represent inappropriate development for the neighbourhood;
· the Application for Minor Variance does not meet the 4 tests of the Planning Act.
Ms. D. Ross noted that a site plan for development for the proposed lot will have to be approved
by the City of Kitchener.
COMMITTEE OF ADJUSTMENT 111 JULY 29, 2003
Submission Nos.: B 2003-038 & A 2003-051 (Cont'd)
Mr. Dziedziejko advised that the house at 39 Marketa Crescent as been vacant for 8 years. He
stated that the house for the severed parcel will flow with his home at 40 Marketa Crescent which
he designed and built. The house will be a bungalow and will be situated on the lot so as not to
affect the tree line on the neighbouring property. He advised that the site plan distributed at this
meeting was for the sole purpose of showing that a 2,000 sq. ff. bungalow can be located on this
site.
In response to questioning from the Committee, Ms. Ross advised that appropriateness of design
and siting, as well as tree preservation can be assured through the site plan process and a tree
management plan.
Mr. Z. Janecki requested that these applications be refused; however, should the Committee
choose to approve the applications, he requested that additional conditions be imposed:
1. Replacement of existing trees should they be damaged during construction; and
That the neighbours be permitted to review the site plan prior to approval by the City of
Kitchener.
Ms. Ross advised that the requested conditions can be accommodated.
The Committee members offered the opinion that although they have no concerns about
someone making a profit, they can not support these applications. They offered the opinion that
the proposal is infill for the sake of infill, and is not appropriate development for this street. They
suggested that should the house be removed and the retained and severed parcels be
reconfigured, it could be considered appropriate development.
Submission No. B 2003-038
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
That the application of Andrew Dziedziejko (Dejayko Ent. Inc.) requesting permission to convey a
parcel of land having a width on Marketa Crescent of 8.9 m (29.199 ft.), by a depth of 83.988 m
(275.55 ff.) on the east side, and 53.53 m (175.62 ff.) on the west side, and an area of 0.155 ha
(0.382 ac) on Part Lot 6, Registered Plan 1043, 39 Marketa Crescent, Kitchener, Ontario, BE
REFUSED.
It is the opinion of this Committee that:
1. The requirements of the Zoning By-law are not being maintained on the severed lands.
Carried
Submission No. A 2003-051
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
That the application of Andrew Dziedziejko (Dejayko Ent. Inc.) requesting permission for the
severed land to have a width at the building line, of 10 m (32.8 ff.) rather than the required 13.7 m
(44.94 ff.), on Part Lot 6, Registered Plan 1043, 39 Marketa Crescent, 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.
COMMITTEE OF ADJUSTMENT 112 JULY 29, 2003
Submission Nos.: B 2003-038 & A 2003-051 (Cont'd)
3. The general intent and purpose of the City of Kitchener Zoning By-law is not being
maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11:30 a.m.
Dated at the City of Kitchener this 29th day of July, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment