Loading...
HomeMy WebLinkAboutAdjustment - 2003-09-09 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 9, 2005 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Planner, and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:30 a.m. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of August 19, 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 Appearances: In Support: Contra: Public Submissions: Mr. W. Green Mr. C. Robson None None The Committee was advised that the applicant requests permission to construct a single family dwelling on a parcel of land having a width of 49.99 m (164 ft.) on Carisbrook Drive rather than the required 60 m (196.8 ft.), and a lot area of 5.629 ha (13.9 acres) rather than the permitted 1.2 ha (2.96 acres). Messrs. Green and Robson information: 1. 2. provided Committee members with the following printed Their verbal presentations, "Wetland Investigation and Review- Shantz Property", prepared by EMRS Ecological Consultants and Monitoring Specialists, dated August 2003, A Plan Review Report from the Grand River Conservation Authority, dated April 22, 2003, Correspondence from the Grand River Conservation Authority to Mr. L. Misch, EMRS, dated September 5, 2003, COMMITTEE OF ADJUSTMENT 130 SEPTEMBER 9, 2003 Submission No.: A 2003-024(Cont'd) The Ontario Municipal Board decision with respect to "Material Handling Problem Solvers Inc. v. Essex (Town)", filed September 25, 2003, and, Conservation Authorities Act, Regulation 149, as amended, Fill, Construction and Alteration to Waterways - Grand River. Mr. Green addressed the Committee, and displayed a plan showing the subject property, the location of Carisbrook Drive, Sunbridge Crescent, the property's access to Woolwich Street, and the wetland areas. Mr. Green advised that the property is currently zoned Agricultural which zoning stipulates a maximum lot area, so as not to create too large a lot to be removed from agricultural use. The surrounding properties are residential, and the owner had previously considered a more dense development on this site. He has reconsidered the development of the property, and now proposes to sell the property for development of one single family dwelling. Mr. Green pointed out that the City's Official Plan designates a portion of the property as Low Rise Residential. A portion of the subject property is also zoned Open Space, containing the floodplain area, which area is protected by the policies contained in the Official Plan. Further, no alterations can take place in the flood plain area of the property without approval of a permit from the Grand River Conservation Authority. Mr. Green then referred to comments received from the Grand River Conservation Authority, dated April 22, 2003, stating that the wetland on the property is Provincially Significant Wetland; whereas, the City's Official Plan policies categorize these wetlands as locally significant. Mr. Green then referred to extracts from the Official Plan, attached to his presentation. He commented on these policies and how they will be achieved, as outlined in the "Wetland Investigation and Review", which was submitted to the Grand River Conservation Authority and this Committee. Mr. C. Robson addressed the Committee asking that a decision on this application be made this date. Mr. Robson disputed the Grand River Conservation Authority's position that the wetlands on this property are Provincially Significant, noting they are designated locally significant in the Official Plan. Further, he notes the correspondence from the Grand River Conservation Authority, dated September 5, 2003, raises the issue of a "wetland pocket" on the southern portion of the property, not raised in their initial comments on this application. He offered the position that the City's Official Plan designation of locally significant wetland is the proper designation to be considered. Making reference to Ontario Regulation 149, Mr. Robson referred to the extent of the Grand River Conservation Authority's jurisdiction. It was his position that certain of the wetland areas on the property lie outside the Grand River Conservation Authority Scheduled Area. He also noted the proposed building envelope is not within the wetland, the flood line, the Scheduled Area or within a pond or swamp; consequently, the proposed building area is outside the area regulated by the Grand River Conservation Authority. Mr. Robson stated that the only remaining issue is to ensure that the building envelope complies with the wetland policies of the City's Official Plan. He asked that the committee give conditional approval to this application. Following discussion it was agreed that consideration of this application be deferred and referred to September 30, 2003, to allow the City's Environmental Planner an opportunity to review the Wetland Investigation, and to ask a representative from the Grand River Conservation Authority to attend. COMMITTEE OF ADJUSTMENT 131 SEPTEMBER 9, 2003 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 The Committee was advised that the applicant requests legalization of a rear deck having a northerly side yard of 0.2 m (0.66 ft.) rather than the required 1.2m (4 ft.). The Committee noted the comments of the Development & Technical Services Department, dated September 3, 2003, recommending approval of the application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Christian Gendron requesting legalization of a rear deck having a northerly side yard of 0.2 m (0.66 ff.) rather than the required 1.2m (4 ff.), on Lot 48, Registered Plan 1692, 191 Chandos Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the existing deck 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. Carried A 2003-057 Angela Catana 552 Peach Blossom Court Part Block 4, Registered Plan 58M-238, being Part 32, Reference Plan 58R-13651 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Mr. K. Hillis Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization of an attached garage having a setback from Peach Blossom Court of 5.89 m (19.32 ft.) rather than the required 6 m (19.6 ff.). The Committee noted the comments of the Development & Technical Services Department, dated August 7, 2003, in support of the application. COMMITTEE OF ADJUSTMENT 132 SEPTEMBER 9, 2003 Submission No.: A 2003-057 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Angela Catana requests legalization of an attached garage having a setback from Peach Blossom Court of 5.89 m (19.32 ff.) rather than the required 6 m (19.6 ft.), on Part Block 4, Registered Plan 58M-238, being Part 32, Reference Plan 58R-13651, 552 Peach Blossom Court, 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 CONSENT 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 Appearances: In Support: Mr. J. Wood Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convey two parcels of land. The first, to be developed with a hotel, will have a width on Highway No. 8 of 87.64 m (287.53 ff.), a depth of 102.41 m (335.99 ff.), and an area of 9007 m2 (96,953.71 sq. ff.). The second lot, to be developed with an indoor ice rink, will have a width on Highway 8 of 208.13 m (682.84 ff.), a depth of 110.81 m (363.54 ff.), an area of 19,181 m2 (206.469.32 sq. ff.), and have an irregular shape. Both new lots will gain access to and from Sportsworld Drive via a right-of- way over the retained lands. The Committee noted the comments of the Region's Planning Housing & Community Services, dated September 3, 2003, advising they have no objection to these applications. The Committee noted the comments of the Development & Technical Services Department, dated September 3, 2003, noting revised dimensions for the 2 severed parcels: the hotel property to have a width of 124m and an area of 1.15 hectares, and the lot to be developed with an indoor ice rink to have a width of 198m and an area of 1.9 hectares. Permission for a service easement, and a right-of-way for access are also required. They recommend conditional approval of these applications. Mr. B. Sloan displayed a colour coded copy of a plan showing severed lands, retained land, the easement and right-of-way for the Committee's information. COMMITTEE OF ADJUSTMENT 133 SEPTEMBER 9, 2003 Submission Nos.: B 2003-034 & B 2003-035 (Cont'd) Submission No. B 2003-034 Moved by Mr. S. Kay Seconded by Mr. B. Isaac That the application of Pioneer Sportsworld Inc. requesting permission to convey a parcel of land for hotel use, to have a width of 124m (406.82') and an area of 1.15 ha (2.84 acres), together with an easement for services, and a right-of-way for access over the retained land, on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Sportsworld Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of all new service connections to each of the severed lands and the retained lands; with separate service connections being provided to each new lot. That the owner of the retained and severed lands shall enter into an agreement, satisfactory to 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 has been registered against the title of both properties. 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 on both the severed and retained lands, which shall require that prior to the commencement of any grading on the site, and prior to the issuance of any building permits, the owner shall undertake a site assessment for both the severed and retained lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy, shall be provided to the City's Manager of Design & Development. That the owner shall receive final approval of the submitted traffic study which indicates that all vehicular traffic volumes to be generated by the proposed uses for the severed lands can be accommodated at the signalized intersection and proposed right-of-way, to the satisfaction of the City's Director of Transportation Planning. That the details of severed lands, right-of-way, and the service easement shown on the colour coded copy of the site plan, revised August 28, 2003, be incorporated into a draft reference plan, which shall be approved by the City's Manager of Design & Development. 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 September 9, 2005. Carried COMMITTEE OF ADJUSTMENT 134 SEPTEMBER 9, 2003 Submission Nos.: B 2003-034 & B 2003-035 (Cont'd) Submission No. B 2003-035 Moved by Mr. S. Kay Seconded by Mr. B. Isaac That the application of Pioneer Sportsworld Inc. requesting permission to convey a parcel of land for an indoor ice rink, to have a width of 198m (649.61') and an area of 1.9 ha (4.69 acres), together with an easement for services, and a right-of-way for access over the retained land, on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Sportsworld Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of all new service connections to each of the severed lands and the retained lands; with separate service connections being provided to each new lot. That the owner of the retained and severed lands shall enter into an agreement, satisfactory to 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 has been registered against the title of both properties. 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 on both the severed and retained lands, which shall require that prior to the commencement of any grading on the site, and prior to the issuance of any building permits, the owner shall undertake a site assessment for both the severed and retained lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy, shall be provided to the City's Manager of Design & Development. That the owner shall receive final approval of the submitted traffic study which indicates that all vehicular traffic volumes to be generated by the proposed uses for the severed lands can be accommodated at the signalized intersection and proposed right-of-way, to the satisfaction of the City's Director of Transportation Planning. That the details of severed lands, right-of-way, and the service easement shown on the colour coded copy of the site plan, revised August 28, 2003, be incorporated into a draft reference plan, which shall be approved by the City's Manager of Design & Development. 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 September 9, 2005. Carried COMMITTEE OF ADJUSTMENT 135 SEPTEMBER 9, 2003 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 The Secretary-Treasurer advised that the applicants request a further deferral of this matter to the Committee's October 21, 2003 meeting, as they are still pursuing the purchase of City owned land, adjacent to the subject property. The Committee agreed to this request. 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 Mr. S. Matheson None None The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Belmont Avenue of 12.19 m (40 ft.) by a depth of 27.43 m (89.76 ff.) and having an area of 334.44 m2 (3,600 sq. ft.) to continue to be used as an office building. The applicant also requests legalization of 5 off-street parking spaces for the severed lands rather than the required 8 spaces, and 8 off-street parking spaces for the retained lands rather than the required 20 spaces, with all parking located up to the property line along the lane at the rear of these properties. The Committee noted the comment of the Region's Planning, Housing & Community Services, dated August 14, 2003, advising they do not object to these applications. The Committee considered the comments of the Development & Technical Services Department, dated August 5, 2003, in which approval of both applications is recommended. Submission No. B 2003-043 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Windale Services & Enterprises requesting permission to convey a parcel of land having a width on Belmont Avenue of 12.19 m (40 ft.) by a depth of 27.43 m (89.76 ft.) and having an area of 334.44 m2 (3,600 sq. ft.), on Part Lot 4, Registered Plan 343, 669-671 Belmont Avenue West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2003-066. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. That the owner shall make financial arrangements to the satisfaction of the City's Director of Utilities, for the installation of any new gas connections to the severed and/or retained lands, if required. COMMITTEE OF ADJUSTMENT 136 SEPTEMBER 9, 2003 Submission Nos.: B 2003-043 & A 2003-066 (Cont'd) 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 September 9, 2005. Carried NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2003-067 Chris McNabb 48 Walnut Street Part Lot 484, Registered Plan 378 Ms. ©. Gomes Ms. P. Salisbury Mr. M. Childs Submission No. A 2003-066 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Windale Services & Enterprises requesting legalization of 5 off-street parking spaces for the severed lands rather than the required 8 spaces, and 8 off-street parking spaces for the retained lands rather than the required 20 spaces, with all parking located up to the property line along the lane at the rear of these properties, on Parts of Lot 4, Registered Plan 343, 665, 669-671 Belmont Avenue West, 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 This meeting recessed at 10:30 a.m. to allow the Committee to consider applications for variances to the City's Sign By-law, and reconvened at 10:50 a.m. COMMITTEE OF ADJUSTMENT 137 SEPTEMBER 9, 2003 Submission No.: A 2003-067 (Cont'd) Public Submissions: CN Railway Properties Inc. The Committee was advised that the applicant requests permission to add 4 residential units, for a total of 5 residential units, on a lot having a width of 12.17 m (39.92 ff.) rather than 15 m (49.21 The Committee noted the comments of the Development and Technical Services Department, dated September 2, 2003, recommending approval of the application. The comments also express the concern of Transportation Planning staff that although only 2 off-street parking spaces are required through the zoning regulations, they question where tenants and visitors will park their vehicles. The Committee considered the written submission of Mr. G. Woods, CN Railway Properties Inc., dated September 9, 2003, requesting that their impact mitigation measures be imposed as a condition of approval, due to this property's proximity to railway property. Mr. Sloan noted the staff concerns regarding the number of parking spaces. He advised that the adjacent property at 44 Walnut Street is owned by the same person, and has excess parking, some of which could be dedicated to 48 Walnut Street. With respect to the parking, Ms. Gomes advised that the development proposed is affordable housing, with small units, and the owner's experience has shown that seniors and Iow income tenants don't own cars. She also advised that if required, there could be a legal agreement between 44 and 48 Walnut Street for extra parking spaces to serve 48 Walnut Street. Both Ms. Salisbury and Mr. Childs noted their primary concern is with the housing intensification in their area, which used to be primarily single family. They noted the development on the property at 44Walnut Street, and another on Cherry Street, behind their properties. They felt that the intensification permitted in the zoning by-law was already changing the face of the neighbourhood, and they are opposed to a variance to allow even more intensification. Mr. Sloan advised the City is reviewing the amount of housing intensification in the core area, and is trying to become involved with the Regional funding for these types of affordable housing projects. Ms. Gomes pointed out that the property owner has cleaned up all contamination at both 44 & 48 Walnut Street. Both Ms. Salisbury and Mr. Childs agreed that the owner has returned these properties to a good state, and have no issues in that regard. Their primary concern is with the increasing density of residential units in this area. Moved by Mr. S. Kay Seconded by Mr. B. Isaac That the application of Chris McNabb requesting permission to add 4 residential units to this property, for a total of 5 residential units, on a lot having a with of 12.17m (39.92') rather than the required 15m (49.21') on Part Lot 484, Registered Plan 378, 48 Walnut Street, Kitchener Ontario, BE APPROVED, subject to the following condition: That the applicant shall comply with the "Principal Branch Line Requirements" of Canadian National Railway Properties Inc. That the owners of 44 & 48Walnut Street shall enter into an agreement, satisfactory to the City Solicitor, to be registered on title, to provide that 3 off-street parking spaces at 44 Walnut Street shall be reserved and maintained in perpetuity, for the tenants of 48 Walnut Street. COMMITTEE OF ADJUSTMENT 138 SEPTEMBER 9, 2003 Submission No.: A 2003-067 (Cont'd) 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 2003-068 Regional Municipality of Waterloo 163 Biehn Drive Part Lot 7, Biehn's Tract, being Part 1, Reference Plan 58R-9358 Appearances: In Support: Contra: Public Submissions: Mr. C. Mroczek None None The Committee was advised that the applicant requests permission to construct a new water treatment building with a setback from Marl Meadow Drive of 2.6 m (8.53 ff.) rather than 7.6 m (25 ff.). The Committee noted the written submission of the Grand River Conservation Authority, dated August 28, 2003, in which they advise they have no objections to this application, as a conditional permit was issued by them for construction within the floodplain of Strasburg Creek. The Committee noted the comments of the Development & Technical Services Department, dated September 4, 2003, recommending approval of this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of the Regional Municipality of Waterloo requesting permission to construct a new water treatment building with a setback from Marl Meadow Drive of 2.6 m (8.53 ff.) rather than 7.6 m (25 ff.), on Part Lot 7, Biehn's Tract, being Part 1, Reference Plan 58R-9358,163 Biehn Drive, Kitchener, 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 139 SEPTEMBER 9, 2003 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-069, A 2003-070, A 2003-071 & A 2003-072 Westberry Homes Inc. Chestnut Hill Crescent Block 95, Registered Plan 58M-226 Mr. B. Blackmere None None The Committee was advised that the applicant requests permission to construct a townhouse unit on each of 4 lots, each to have a lot coverage of 52.2% rather than 45%. The Committee noted the comments of the Development & Technical Services Department, dated September 2, 2003, recommending approval of these applications. Submission No. A 2003-069 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Westberry Homes Inc. requesting permission to construct a townhouse unit with a lot coverage of 52.2% rather than 45% on Part Block 95, Registered Plan 58M-226, Chestnut Hill Crescent, Kitchener, 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. A 2003-070 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Westberry Homes Inc. requesting permission to construct a townhouse unit with a lot coverage of 52.2% rather than 45%, on Part Block 95, Registered Plan 58M-226, Chestnut Hill Crescent, Kitchener, 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 140 SEPTEMBER 9, 2003 Submission No.: A 2003-0691A 2003-0701A 2003-071 & A 2003-072 (Cont'd) Submission No. A 2003-071 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Westberry Homes Inc. requesting permission to construct a townhouse unit with a lot coverage of 52.2% rather than 45%, on Part Block 95, Registered Plan 58M-226, Chestnut Hill Crescent, Kitchener, 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. A 2003-072 Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Westberry Homes Inc. requesting permission to construct a townhouse unit with a lot coverage of 52.2% rather than 45% on Part Block 95, Registered Plan 58M-226, Chestnut Hill Crescent, Kitchener, 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. CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-045 Marian Masiuk 312-298 Lawrence Avenue Part Lots 75,76 & 77, being Part 73, Reference Plan 786 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 consideration of this application to its meeting scheduled for September 30, 2003. COMMITTEE OF ADJUSTMENT 141 ADJOURNMENT On motion, the meeting adjourned at 11:30 a.m. Dated at the City of Kitchener this 9th day of September, 2003. SEPTEMBER 9, 2003 Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment