Loading...
HomeMy WebLinkAboutAdjustment - 2003-08-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 19, 2005 MEMBERS PRESENT: Messrs. P. Kruse, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner, and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Kruse, Chair, called this meeting to order at 9:35 a.m. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of July 29, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. 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 September 9, 2003, to allow the public agencies, particularly the Grand River Conservation Authority, an opportunity to comment on the recently prepared Environmental Impact Statement. Submission No.: Applicant: Property Location: Legal Description: A 2003-053 Randy & Sheryl Knipping 70 Peach Blossom Crescent Part Block 2, Registered Plan 58M-238, being Part 17, Reference Plan 58R-13651 Submission No.: Applicant: Property Location: Legal Description: - and - A 2003-054 Imtiaz & Samina Sheikh 34 Peach Blossom Crescent Part Block 1, Registered Plan 58MR-13651 Appearances: In Support: Contra: Public Submissions: J. DeJonge None None COMMITTEE OF ADJUSTMENT 114 AUGUST 19, 2003 Submission Nos.: A 2003-053 & A 2003-054 (Cont'd) Following consideration of the comments of the Development & Technical Services Department, dated July 22, 2003, it was agreed that consideration of these applications be deferred and referred to the Committee of Adjustment meeting of September 30, 2003, to allow the applicants' agent an opportunity to discuss with the City's Chief Building Official alternate ways to handle the size of the parking spaces inside these garages. CONSENT Submission Nos.: Applicant: Property Location: Leqal Description: Appearances: B 2003-034 & B 2003-035 Pioneer Sportsworld Inc. 100 Sportsworld Drive Part Lots 8 & 9, Beaseley's Broken Front Concession In Support: J. Wood Contra: None Public Submissions: None As a revised severance sketch was submitted by Mr. Wood at this meeting, the Committee agreed to defer and refer consideration of these applications to its meeting of September 9, 2003, to allow the public agencies an opportunity to review and comment on the revised sketch. CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-028 & A 2003-046 Octavian & Zlatina Candale 115 South Drive Parts of Lots 264 & 265, Registered Plan 230 At the request of the Development & Technical Services Department, the Committee agreed to defer and refer consideration of these applications until September 9, 2003. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2003-055 David & Rose Rioux 228 Weber Street Part Lot 65, Registered Plan 77 Appearances: In Support: David Rioux Contra: None Public Submissions: None The Committee was advised that the applicants request permission to construct a balcony with a setback of 3.7 m (12.13 ft.) from Stirling Avenue (side yard abutting a street) rather than the required 4.5 m (14.76 ft.). The Committee noted the comments of the Development & Technical Services Department, dated August 11,2003, recommending approval of the application. COMMITTEE OF ADJUSTMENT 115 AUGUST 19, 2003 Submission No.: A 2003-055 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of David & Rose Rioux requesting permission to construct a balcony with a setback of 3.7 m (12.13 ft.) from Stirling Avenue (side yard abutting a street) rather than the required 4.5 m (14.76 ft.), on Part Lot 65, Registered Plan 77, 226 Weber 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. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-056 Patrick Nolan 162 Joseph Street Part Lots 6, 7 & 9, Registered Plan 397 Carried P. Nolan None None The Committee was advised that the applicant requests permission for a second driveway on a lot having a width of 13.1 m (43 ff.) rather than the required 30 m (98.42 ff.). The Committee noted the comments of the Development & Technical Services Department, dated August 11,2003, recommending approval of the application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Patrick Nolan requesting permission for a second driveway on a lot having a width of 13.1 m (43 ft.) rather than the required 30 m (98.42 ft.), on Part Lots 6, 7 & 9, Registered Plan 397, 162 Joseph 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 COMMITTEE OF ADJUSTMENT 116 AUGUST 19, 2003 Submission No.: Applicant: Property Location: Legal Description: A 2003-057 Angela Catana 552 Peach Blossom Part Block 4, Registered Plan 58M-238, being Part 32, Reference Plan 58R-13651 Appearances: In Support: None Contra: None Public Submissions: None As no one appeared in support of this application, the Committee agreed to defer and refer its consideration of this matter to September 9, 2003. A 2003-059 Henry & Elizabeth Berlet 432 Louisa Street Lot 57, Registered Plan 671 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: Mr. & Mrs. H. Berlet None None The Committee was advised that the applicants request permission to construct an attached carport with a side yard of 0.6 m (2 ff.) rather than the required 1.21 m (4 ff.). The Committee noted the comments of the Development & Technical Services Department, dated August 11,2003, recommending approval of the requested variance provided the eaves do not encroach onto the adjacent property, and all drainage is directed onto the applicants' property. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Henry & Elizabeth Berlet requesting permission to construct an attached carport with a side yard of 0.6 m (2 ff.) rather than the required 1.21 m (4 ff.), on Lot 57, Registered Plan 671, 432 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the proposed carport generally as shown on the plans submitted with this application. 2. That the eaves on the proposed garage shall not encroach onto the abutting property, and all drainage shall be directed onto the applicants' property. 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 COMMITTEE OF ADJUSTMENT 117 AUGUST 19, 2003 Submission No.: Applicant: Property Location: Legal Description: A 2003-060 Allan Kope 526 Mill Street Part Lots 1, 348 & 349, Registered Plan 692, being Parts 4, 5 & 6, Reference Plan 58R-13297 Appearances: In Support: A. Kope Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a front porch and underground vault with a setback from Mill Street of 1.98 m (6.5 ft.) rather than the required 6 m (19.6'). The Committee considered the comments of the Development & Technical Services Department, dated August 12, 2003, in which they recommend the application be amended to request a setback of 1.7 m (5.8 ft.) rather than 4.5 m (14.76 ff.), and that the amended application be approved. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Allan Kope requesting permission to construct a front porch and underground vault with a setback from Mill Street of 1.7 m (5.8 ff.) rather than the required 4.5 m (14.76 ff.), on Part Lots 1,348 & 349, Registered Plan 692, being Parts 4, 5 & 6, Reference Plan 58R-13297, 526 Mill 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 Submission No.: Applicant: Property Location: Legal Description: Appearances: A 2003-061 Athletic Association of Kitchener Waterloo Limited 69 Agnes Street Lots 4 - 7 & Part Lots 1 - 3 & 8, Registered Plan 324, Part Lots 18 - 20, Registered Plan 139, and Part Lot 489, Registered Plan 377 In Support: L. Ayres Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization of an attached shed having a rear yard of 0.67 m (2.2 ft.) rather than the required 7.5 m (24.6 ft.), and that approval of a 0.76 m (2.5 ft.) rearyard was previously given by the Committee of Adjustment on October 10, 1979. COMMITTEE OF ADJUSTMENT 11 $ AUGUST 19, 2003 Submission No.: A 2003-061(Cont'd) The Committee noted the comments of the Development and Technical Services Department, dated August 14, 2003, advising that the variance is actually to the sideyard requirement and not the rearyard requirement, and recommended that the application be amended accordingly. They also advised that the previous variance approval required that a Notice of Lease of the parking area at 77 Wellington Street South, which benefits 69 Agnes Street, be registered on title. Staff recommended this condition be included in the Committee's decision. Mr. Ayres noted that the property is for sale, and the new owners will have to comply with the parking requirements for their use. Further, there is parking available on the lands owned by the Granite Club, and a parking agreement with 77 Wellington Street South was entered into, although not registered. He requested that the words "if required" be added to the staff condition if it is to be imposed. Mr. Sloan suggested that the existing agreement may be registerable. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Athletic Association of Kitchener Waterloo Limited requesting legalization of an attached shed having a sideyard of 0.67 m (2.2 ft.) rather than the required 1.2 m (4 ff.), on Lots 4 - 7 & Part Lots 1 - 3 & 8, Registered Plan 324, Part Lots 18 - 20, Registered Plan 139, and Part Lot 489, Registered Plan 377, 69 Agnes Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That, if required, the owner enter into an off-site parking agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the subject lands and adjacent lands at 77 wellington Street South, prior to February 28, 2004. 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: Appearances: In Support: Contra: Public Submissions: A 2003-062 Monicke Dakkak 77 Hickory Heights Crescent Lot 264, Registered Plan 1334 S. Bowen None None The Committee was advised that the applicant requests permission to construct a rear sunroom addition with a rearyard of 5.23 m (17 ft.) rather than the required 7.5 m (24.6 ft.). The Committee noted the comments of the Development and Technical Services Department, dated August 7, 2003, recommending approval of the application. COMMITTEE OF ADJUSTMENT 119 AUGUST 19, 2003 Submission No.: A 2003-062 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Monicke Dakkak requesting permission to construct a rear sunroom addition with a rearyard of 5.23 m (17 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 264, Registered Plan 1334, 77 Hickory Heights Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the proposed addition only, generally as shown on the plans 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. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-063 Lloyd, Diane and Brooks Thistle 225 Belleview Avenue Lot 10, Registered Plan 1089 Carried W. Boehler None None The Committee was advised that the applicants request legalization of an attached garage having a rear yard of 6.156 m (20.2 ft.) rather than the required 7.5 m (24.6 ff.). The Committee noted the comments of the Development and Technical Services Department, dated August 7, 2003, recommending approval of this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Lloyd, Diane and Brooks Thistle requesting legalization of an attached garage having a rear yard of 6.156 m (20.2 ff.) rather than the required 7.5 m (24.6 ff.) on Lot 10, Registered Plan 1089, 225 Belleview Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 120 AUGUST 19, 2003 10. Submission No.: Applicant: Property Location: Legal Description: A 2003-064 Ely Matlow 407 Park Street Lot 285, Registered Plan 385 Appearances: In Support: E. Matlow Contra: None Public Submissions: None The Committee was advised the applicant requests permission to convert a duplex to a triplex on a lot having a width of 10.7 m (35.1 ff.) rather than the required 15 m (49.21 ff.), a front yard of 5.3 m (17.38 ft.) rather than the required 6 m (19.6 ff.), a side yard abutting a street (Gildner Street) of 2 m (6.56 ff.) rather than the required 6 m (19.6 ft), a side yard of 1 m (3.04 ff.) rather than the required 6 m (19.6 ft.), and 2 parking spaces set back 3.9 m (12.79 ft.) from Gildner Street rather than the required 6 m (19.6 ff.). The Committee noted the comments of the Development and Technical Services Department, dated August 5, 2003, recommending approval of the application, subject to the condition that the driveway access be widened; the City's Transportation Planning advise that the driveway width is not sufficient to allow vehicle access to the parking spaces. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Ely Matlow requesting permission to convert a duplex to a triplex on a lot having a width of 10.7 m (35.1 ff.) rather than the required 15 m (49.21 ff.), a front yard of 5.3 m (17.38 ff.) rather than the required 6 m (19.6 ft.), a side yard abutting a street (Gildner Street) of 2 m (6.56 ff.) rather than the required 6 m (19.6 fi), a side yard of 1 m (3.04 ff.) rather than the required 6 m (19.6 ft.), and 2 parking spaces set back 3.9 m (12.79 ft.) from Gildner Street rather than the required 6 m (19.6 ff.), on Lot 285, Registered Plan 385, 407 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the existing driveway access to Gildner Street shall be modified to the satisfaction of the Director of Transportation Planning prior to November 30, 2003. 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. 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 2003-065 Monarch Construction Ltd. 1 Oregon Drive Part Lots 3 & 4, Biehn's Tract Appearances: In Support: G. Scheels Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 121 AUGUST 19, 2003 10. Submission No.: A 2003-065 (Cont'd) The Committee was advised that the applicant requests permission for a change in the holding provision requirement to allow a lot area of 0.11 ha (0.27 ac) rather than the required 0.17 ha (0.42 ac). The Committee noted the comments of the Development & Technical Services Department, dated August 12, 2003, in support of the application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Monarch Construction Ltd. requesting permission for a change in the holding provision requirement to allow a lot area of 0.11 ha (0.27 ac) rather than the required 0.17 ha (0.42 ac) on Part Lots 3 & 4, Biehn's Tract, 1 Oregon Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this shall apply to the proposed lot 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. 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 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-040 Zlata Stimac 22 Watercress Court Part Lot 2, Registered Plan 58M-77, being Part 1, Draft Reference Plan Appearances: In Support: E. Wiseman Contra: None Public Submissions: None The Committee was advised that the applicants request.permission to convey a parcel of land having a width of 0.202 m (0.66 ff.) and an area of 10.2 m'(109.79 sq. ff.) as a lot addition. The Committee noted the comments of the Development & Technical Services Department, dated August 7, 2003, recommending approval of the application. The Committee noted the comments of the Region's Housing, Planning & Community Services Department, dated August 14, 2003, advising they have no objections to the application. COMMITTEE OF ADJUSTMENT 122 AUGUST 19, 2003 Submission No.: B 2003-040 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Zlata Stimac requesting permission to convey a parcel of land having a width of 0.202 m (0.66 ff.) and an area of 10.2 m2 (109.79 sq. ff.) as a lot addition to 24 Watercress Court, on Part Lot 2, Registered Plan 58M-77, being Part 1, Draft Reference Plan, 22 Watercress Court, 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 added to the abutting lands, municipally known as 24Watercress Court, and title 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 August 19, 2005. Carried Submission No.: Applicant: Property Location: Legal Description: B 2003-041 Canadian Tire Real Estate Limited 642 Fairway Road South Part Lots 7 & 18, Registered Plan 988 - and - Submission No.: Applicant: Property Location: Legal Description: B 2003-042 Fred & Vale Buttinger 650-654 Fairway Road South Part Lots 7 & 8, Registered Plan 988 Appearances: In Support: J. Rogers Contra: None Public Submissions: None The Committee was advised that in Submission No. B 2003-041, the applicant requests permission to widen the existing right-of-way by 1.43 m (4.69 ff.) to the benefit of the abutting property at 650 - 654 Fairway Road South. COMMITTEE OF ADJUSTMENT 123 AUGUST 19, 2003 Submission Nos.: B 2003-041& B 2003-042 The Committee was also advised that in Submission No. B 2003-042, the applicant requests permission to widen the existing right-of-way by 1.43 m (4.69 ft.) to the benefit of the abutting property at 642 Fairway Road South. The Committee was in receipt of correspondence from Mr. J. Rogers dated August 12, 2003, advising that accurate surveying information is now available, indicating that the increased right- of-way easements are not equal distance on both properties. He requested an amendment to Submission No. B 2003-041, 642 Fairway Road South, for a right-of-way expansion having a width of 3 m (9.84 ft.), shown as Parts 11, 12 & 16, on the Draft Reference Plan submitted with this letter. Mr. Rogers also requested an amendment to Submission No. B 2003-042, 650 - 654 Fairway Road South, to increase the width of the right-of-way expansion to 1.9 m (6.23 ft.) as shown on Parts 7, 8 & 13 on the Draft Reference Plan. The Committee noted the comments of the Development & Technical Services Department, dated August 6, 2003, advising that the expanded rights-of-way are required to improve vehicular movement, and to accommodate a new signalized intersection. Expansion of both rights-of-way will facilitate one entry and two exits to and from the subject properties, which will improve vehicular circulation. Staff recommend approval of the amended applications. The Committee considered the comments of the Region's Planning, Housing & Community Services, dated August 14, 2003, advising they have no objections to these applications, as their concerns are being addressed through the site plan process for the former Sears property. Submission No. B 2003-041 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Canadian Tire Real Estate Limited requesting permission for an expansion to an existing right-of-way, with the expansion to have a width of 3 m (9.84 ft.) on Fairway Road, on Part Lots 7 & 18, Registered Plan 988, being Parts 11, 12 & 15, Draft Reference Plan, 642 Fairway Road South, 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 receive approval from the City's Manager of Design & Development of a Draft Reference Plan showing the proposed rights-of-way. 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 August 19, 2005. Carried COMMITTEE OF ADJUSTMENT 124 AUGUST 19, 2003 Submission Nos.: B 2003-041& B 2003-042 Submission No. B 2003-042 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Fred Buttinger (Deceased) & Vale Buttinger requesting permission for an expansion to an existing right-of-way, with the expansion to have a width of 1.9 m (8.23 ft.) on Fairway Road, on Part Lots 7 & 18, Registered Plan 988, being Parts 7, 8 & 13, Draft Reference Plan, 650 - 654 Fairway Road 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 owner shall receive approval from the City's Manager of Design & Development of a Draft Reference Plan showing the proposed rights-of-way. 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 August 19, 2005. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: B 2003-044 Michael & Vera Miller 361 & 371 Lancaster Street West Part Lot 19 & 20, Registered Plan 789 Mr. & Mrs. M. Miller None None Carried The Committee was advised that the applicants request permission to convey a parcel of land having a width on Lancaster Street of 30.48 m (100 ft.) by a depth of 50.39 m (165.32 ft.) and an 2 area of 1535.8 m (16,531.75 sq. ft.). The use as a single family dwelling will continue. The Committee noted the comments of the Development & Technical Services Department, dated August 11,2003, recommending approval of the application. The Committee noted the comments of the Region's Housing, Planning & Community Services Department, dated August 14, 2003, advising they have no objections to the application, subject to the conveyance of a 10 ft. road widening. COMMITTEE OF ADJUSTMENT 125 AUGUST 19, 2003 Submission No.: B 2003-044(Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Michael & Vera Miller requesting permission to convey a parcel of land having a width on Lancaster Street of 30.48 m (100 ft.) by a depth of 50.39 m (165.32 ft.) and an area of 1535.8 m2 (16,531.75 sq. ff.), on Part Lot 19, Registered Plan 789, 361 Lancaster Street West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owners shall convey to the Region of Waterloo a 10 foot road widening allowance along the entire frontage of Regional Road #29 (Lancaster Street). 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 August 19, 2005. Carried MINOR VARIANCE & CONSENT Submission Nos.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: B 2003-029 & A 2003-058 Luke Misurka 59 & 61 Waterloo Street Parts of Lot 46, Registered Plan 376 Mr. G. Schaeffer None None The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Waterloo Street of 9.144 m (30 ft.), by a depth of 27.538 m (90.35 ff.), and having an area of 251.73 m2 (2,709.68 sq. ff.). The applicant also request legalization of variances for the severed and retained lands as follows: Severed Land: a front yard of 1.51 m (4.95 ff.) rather than the required 4.5 m (14.76 ff.), and a right side yard of 0.65 m (2.13 ff.) rather than the required 1.2 m (4 ff.). COMMITTEE OF ADJUSTMENT 128 AUGUST 19, 2003 Submission Nos.: B 2003-029 & A 2003-058 (Cont'd) Retained Land: an area of 133.4 m (1,435.95 sq. ff.) rather than the required 235 m2 (2,529.6 sq. ff.), a front yard of 3.05 m (10 ff.) rather than the required 4.5 m (14.76 ft.), a right side yard of 0.78 m (2.55 ft.) rather than the required 1.2 m (4 ff.), a rear yard of 1.9 m (6.23 ff.) rather than the required 7.5 m (24.6 ff.), a roofed porch with a front yard of 0.9 m (2.95 ff.) rather than the required 3 m (9.8 ff.), and to provide no parking rather than the required 1 parking space. The Committee noted the comments of the Development & Technical Services Department, dated August 12, 2003, in which they advised that Traffic staff are of the opinion that the dwelling at 59 Waterloo Street should have access to a parking space; and, although the property is centrally located near alternate transit, or the occupants may choose not to have a vehicle, it is difficult to consider a house without a parking space as meeting the intent of the Zoning By-law. As it is virtually impossible to provide a parking space on the retained land, given the house location, staff recommend that as a condition of the severance, an off-site parking agreement be arranged to allow use of 1 space at the rear of 61 Waterloo Street for 59 Waterloo Street. If this condition is satisfied there would not be a parking variance. They recommended that Submission No. A 2003-058 be approved save and accept for the parking variance, and that Submission B 2003-029 be granted subject to a parking agreement which would provide 59 Waterloo Street with a parking space at 61 Waterloo Street. The Committee considered the comments of the Region's Housing, Planning & Community Services Department, dated August 14, 2003, advising they have no objections to the approval of Submission No. B 2003-029. Mr. Schaeffer advised that an agreement has already been reached with the purchaser for 61 Waterloo Street, and it would be difficult to ask to change the agreement for the provision of a parking space for 59 Waterloo Street. Further, these houses have existed for over 80 years and there has never been a complaint about the parking. Mr. Cybalski suggested that the staff recommended condition be expanded so parking can be provided at 61 Waterloo Street or other nearby property. Submission No. B 2003-029 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Luke Misurka requesting permission to convey a parcel of land having a width on Waterloo Street of 9.144 m (30 ft.) by a depth of 27.538 m (90.35 ft.) and an area of 251.73 m2 (3,709.68 sq. ft.) on Part Lot 46, Registered Plan 376, 61 Waterloo Street, Kitchener, Ontario BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2003-058. 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 enter into an agreement with the City of Kitchener to be prepared by the City Solicitor, and registered on title of the retained and severed lands that shall generally include that one parking space on the severed land or other nearby property, shall be guaranteed for use for the residents of the retained land, (59 Waterloo Street), and shall continue to be used only for such purpose until such time as an alternate parking space can be provided for the retained land. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 127 AUGUST 19, 2003 Submission Nos.: B 2003-029 & A 2003-058 (Cont'd) 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 August 19, 2005. Carried Submission No. A 2003-058 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Luke Misurka requesting permission for a frontyard of 1.5 m (4.95 ff.) rather than the required 4.5 m (14.78 ff.), and a right sideyard of 0.85 m (2.13 ff.) rather than the required 1.2 m (4 ff.), both at 81 Waterloo Street, and the following variances at 59 Waterloo Street: an area of 133.4 m2 (1,435.95 sq. ft.) rather than the required 235 m2 (2,529.8 sq. ft.), a front yard of 3.05 m (10 ft.) rather than the required 4.5 m (14.78 ff.), a right sideyard of 0.78 m (2.55 ff.) rather than the required 1.2 m (4 ff.), a rear yard of 1.9 m (8.23 ft.) rather than the required 7.5 m (24.8 ff.), and a roofed porch with a front yard of 0.9 m (2.95 ff.) rather than the required 3 m (9.8 ff.), on Parts of Lot 48, Registered Plan 378, 59 & 81 Waterloo 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 Luke Misurka requesting permission to provide no parking rather than the required 1 parking space, on Part Lot 46, Registered Plan 376, 59 Waterloo 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 COMMITTEE OF ADJUSTMENT 125 AUGUST 19, 2003 Submission Nos.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: B 2003-043 & A 2003-066 Windale Services & Enterprises 665 & 669-671 Belmont Avenue West Parts of Lot 4, Registered Plan 343 None None None As no one appear in support of these applications, the Committee agreed to defer and refer its consideration of this matter to September 9, 2003. ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this 19th day of August, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment