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HomeMy WebLinkAboutAdjustment - 2011-06-21COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 21, 2011 MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. L. Thompson, Planning Technician, Ms. A. Pires, Planning Technician, Ms. L. Dubicki, Planning Student, Ms. D. Gilchrist, Secretary-Treasurer, Ms. D. Saunderson, Administrative Clerk and Ms. L. Garovat, Administrative Clerk Mr. A. Head, Vice Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr. A. Lise Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of May 17, 2011, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2011-034 Applicant: Dr. Martin Dziak, Target Therapeutics Property Location: 230 East Ave Legal Description: Part Lots 63, 64 and 110, Plan 351 Appearances: In Support: Dr. M. Dziak Contra: None Written Submissions: E. Simon The Committee was advised that the applicant is requesting permission to install an elevator in the medical clinic, on the north westerly side of the building, to have a side yard of 1.37 m (4.49') rather than the required 6 m (19.68'). The Committee considered the report of the Planning Division, dated June 10, 2011, advising that the subject property is located at 230 East Avenue is zoned Community Institutional (I-2) in the Zoning By-law 85-1 and designated as Low Rise Residential in the City's Official Plan. The owner is proposing to build an addition for an elevator in the north-west corner of the existing building in order to make the second floor more accessible for the needs of the Health Clinic use. The proposed addition will encroach into the required side yard setback and therefore a minor variance is required. The owner is requesting relief from Section 32.3.5 of the Zoning By-law 85-1 to allow a reduced side yard setback of 1.37 metres rather than the required 6.0 metres side yard setback. The existing side yard setback is 2.74 metres. COMMITTEE OF ADJUSTMENT 167 JUNE 21, 2011 1. Submission No. A 2011-034 (Cont'd Staff noticed an existing parking lot located at the rear of the property that is not consistent with the approved site plan. As a condition of approval, staff will require the owner to submit a site plan application for stamp plan approval which will identify current site conditions. In addition, staff received concerns from an adjacent property owner (located at 17 Glendale Road) as to whether the proposed reduced left side yard setback would create a hidden and/or unsafe space between the building and the property boundary. Preliminary discussions with the Crime Prevention Through Environmental Design (OPTED) Coordinator revealed that there are various measures that could be explored to prevent an unsafe situation such as additional landscaping, fencing, locating a locked gate at the rear etc. Staff are recommending that this concern be dealt with through the site plan stamp plan approval process. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The intent of the Low Rise Residential designation is to maintain the overall low density and low rise residential character of the neighbourhood while allowing for some redevelopment of the area. The proposed elevator will make the building more functional for the current Health Clinic use, which is permitted in the Low Rise Residential designation and therefore the intent of the Official Plan is maintained. The intent of the 6.0 metres side yard setback as per the Zoning By-law 85-1 is to ensure there is sufficient privacy and separation from the adjacent neighbours. It is staff's opinion that the reduced left side yard setback from the existing 2.74 metres to 1.37 metres for the elevator addition is minimal and will comply with the intent of the Zoning By-law. The variance is considered minor as it is staff's opinion that there is sufficient separation between the subject property and the abutting residential properties. The reduced left side yard setback from the existing 2.74 metres to 1.37 metres will likely have minimal impact on the subject and surrounding neighbourhood. The variance is appropriate for the development and use of the land as the elevator will increase the functionality of the building as it pertains to the Health Clinic use and other uses permitted in the I-2 Zone. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. The Committee considered the written submission of the neighbour in opposition to this application. Mr. D. Martin advised the Committee that since submitting his application he has consulted with an engineer regarding the installation and construction of the elevator and the design will require a side yard reduction of 1.1 m required rather than the 1.37m that was requested. The Chair advised that with an increased reduction in side yard, the application would have to be amended and re-advertised, he further advised that a deferral fee would be required. The Committee agreed to defer consideration of this application to its meeting scheduled for Tuesday July 19, 2011, to allow the applicant to submit an amended application. 2. Submission No.: A 2011-035 Applicant: Heather Kersell Property Location: 505 Courtland Avenue East Legal Description: Lot 275, Plan 262 COMMITTEE OF ADJUSTMENT 168 JUNE 21, 2011 2. Submission No. A 2011-035 (Cont'dl Appearances: In Support: H. Kersell Contra: K. Munro Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a rear addition to have a rear yard of 2.7m, (8.85') rather than the required 7.5 m (24.6') and legalization of the existing building having a side yard abutting Sydney Street of 4 m (13.12') rather than the required 4.5 m (14.76') and a front yard setback from Courtland Avenue to the front porch of 4.4 m (14.43') rather than the required 4.5 m (14.76'). The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is municipally addressed as 505 Courtland Avenue East and is located at the intersection of Courtland Avenue East and Sydney Street South. The property is zoned as Residential Five (R-5) in the City's Zoning By-law 85-1 and designated as Low Rise Conservation in the Mill Courtland Secondary Plan. The owner is seeking relief from Section 39.2.1 of the Zoning By-law to permit a rear yard setback of 2.7 metres for a new addition whereas 7.5 metres in required, to permit a side yard abutting a street setback of 4.0 metres to legalize the existing setback whereas 4.5 metres is required, and to permit a front yard setback of 4.4 metres to legalize the existing setback whereas 4.5 metres in required. The property is currently developed as a legal triplex. The owner is proposing to convert the building into a duplex, and to build a one storey addition to the rear of the existing two storey building. The pre-fabricated addition is proposed to be located 2.7 metres from the rear lot line, abutting acity-owned right-of-way. With the proposed additional floor space, the existing front yard setback and the side yard abutting a street setback will no longer be legal non-conforming, and as such the owner is requesting legalization of said yards with this application. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The requested reliefs meet the intent of the Official Plan. The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single-detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care. The requested variance will facilitate a new dwelling unit, and the existing building will be converted back to a single dwelling unit, for a total of two units (duplex). A duplex is consistent with the Low Rise Conservation policies in the Mill Courtland Secondary plan. The intent of the required rear yard setback in the Zoning By-law is to provide an outdoor amenity area as well as to create an appropriate buffer between two adjacent properties. The adjacent property, municipally address as 56 Lilac Street, is separated from the subject property by acity-owned, untraveled lane that is approximately four metres wide. The city-owned right-of-way will provide an appropriate setback between the proposed residential building and the detached garage at 56 Lilac Street. The rear yard setback of 2.7 metres will also accommodate the required off-street parking spaces, which are proposed to be arranged in tandem, and in compliance with Section 6 of the By-law 85-1. Outdoor amenity space is proposed to be provided between the existing dwelling and the proposed addition. Due to the location of the windows in the COMMITTEE OF ADJUSTMENT 169 JUNE 21, 2011 2. Submission No. A 2011-035 (Cont'dl existing building and due to the nature of pre-fabricated construction, it is more desirable for the owner to locate the outdoor amenity space between the existing building and a portion of the new addition rather than in the rear yard. The addition is proposed to be attached to the existing building in only one place, to allow for light to pass through the existing windows. Section 39.2.4 of the By-law limits the size of any ground floor addition to an existing multiple dwelling (triplex) building to a maximum of 25% of the ground floor of the building's ground floor area existing as of May 1, 2006. As the proposed addition is greater than 25% of the existing ground floor, the owner will be converting the existing triplex (multiple dwelling) into a duplex. There are no regulations on the size and location of additions for Duplex dwellings in Section 39.2.1 of the By-law. The requested variances for the reduced front yard setback and the reduced side yard abutting a street setback are required to legalize the existing building. As the owner is proposing to convert the building into a duplex, an application for site plan is not required. The requested variance is minor. The requested reduced rear yard setback will not have a negative impact on the neighbouring properties and will facilitate development and improvements to the subject property. Adequate outdoor amenity space will be provided on site with a private deck and the proposed driveway and city-owned lane provided appropriate separation between the proposed addition and the existing detached garage at 56 Lilac Street. The requested rear yard, front yard, and side yard abutting a street variances are appropriate. The redevelopment and expansion of the existing building will accommodate two larger dwelling units. The proposed addition is to the rear of the existing building and will compliment the surrounding neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. Ms. Munro expressed concerns with the size of the proposed addition advising that her property is 501 Courtland Avenue East directly adjacent to the subject property. She noted that the addition will take up most of the backyard and she has concerns with the loss of privacy and loss of sunlight in her backyard. She added that with the addition on the rear of the home she is concerned about her property values and potential tenants if the property is sold. Ms. Kersell advised that her intention is to convert the property from a triplex to a duplex to accommodate larger living areas for herself and her mother. The addition will be constructed to provide a more accessible entrance for her mother. She noted that the addition would be a one storey unit with a side lot that is permitted under the zoning by- law. She further advised that the addition itself would be constructed on the side closer to Sydney Street leaving a green space between her property and her neighbours. Mr. Bateman questioned the neighbour as to whether landscaping would help mitigate her concerns regarding privacy. He noted that the concern regarding shading would not be a problem as the addition is only one storey. Ms. Kersell advised that she wouldn't have a problem adding additional landscaping to help provide a buffer between her's and her neighbour's property. She further advised that windows shown on the dining room wall facing 501 Courtland Ave could be removed to help address the concerns for privacy. The Chair noted that a condition could be added to ensure windows were not installed in the dining room. Moved by Mr. B. McColl Seconded by Mr. A. Lise COMMITTEE OF ADJUSTMENT 170 JUNE 21, 2011 2. Submission No. A 2011-035 (Cont'dl That the application of Heather Kersell requesting permission to construct a rear addition to have a rear yard of 2.7m, (8.85') rather than the required 7.5 m (24.6') and legalization of the existing building having a side yard abutting Sydney Street of 4 m (13.12') rather than the required 4.5 m (14.76') and a front yard setback from Courtland Avenue to the front porch of 4.4 m (14.43') rather than the required 4.5 m (14.76'), on Lot 275, Plan 262, 505 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the Owner shall obtain a Building Permit from the City of Kitchener Building Division. 2. That the owner shall not install windows in the sidewall of the portion of the addition closet to 501 Courtland Avenue East as shown on the plan submitted with this application. It is the opinion of this Committee that: The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried 3. Submission No.: A 2011-036 Applicant: Carvest Properties Ltd. Property Location: 539 Belmont Avenue West Legal Description: Part Lots 15 & 16, Plan 402, being Parts 3, 4, 5 & 7, Reference Plan 58R-2550 Appearances: In Support: A. Carapella, C. Leigh D. Barrett C. Wiebe Contra: V. Kourretais Written Submissions: None The Committee was advised that the applicant is requesting permission to reduce the amount of visitor parking spaces fora 114 unit multi-residential condominium to 14 off- street parking spaces rather than the required 28 visitor parking spaces. The Committee considered the report of the Planning Division, dated May 25, 2011, advising that the subject property is located in the Lower Belmont Avenue Mixed Use Corridor at 539 Belmont Avenue West between Gage Avenue and Glasgow Street. The property is presently under construction for an eleven storey, 114-unit multiple dwelling. Site Plan approval was granted for the proposed apartment building with 146 parking spaces on site. The site has 50 surface parking spaces with 28 designated for visitors and a one level below grade parking structure with 96 spaces. The applicant is requesting a minor variance to allow visitor parking to be provided at a rate of 10% of the required parking rather than 20% as required pursuant to Section 6.1.2 b) vi) B) of Zoning By-law 85-1. COMMITTEE OF ADJUSTMENT 171 JUNE 21, 2011 3. Submission No. A 2011-036 (Cont'd) The subject property abuts a medical office to the south and a high rise residential complex to the north. The rear of the property abuts Marina Road and existing low rise residential development. The previous owner of the property received approval from the Committee of Adjustment for a minor variance (A2005-049) to reduce the parking requirement for a multiple dwelling on the site to 1.25 spaces per unit, rather than the required 1.5 spaces per unit. Based on 1.25 spaces per unit, Zoning By-law 85-1 requires 142 parking spaces for the 114-unit apartment building. Of the required 142 spaces, 20% are required to be designated for visitors. The 20% equates to 28 parking spaces for visitors. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance does not meet the intent of the Official Plan for the following reasons. The property is designated as Mixed Use Corridor in the City's Official Plan, and is planned for "intensive, transit supportive development". The new 114-unit multiple dwelling is ideally suited to encourage transit usage as it is located on an established transit route with a transit stop and shelter located immediately in front of the building. However, redistributing spaces to increase the number for residents moves away from achieving these policies. Staff considered the original minor variance for an overall parking reduction appropriate as the development is in a mixed use corridor and is well supported by transit and other travel options encouraged by the designation. It should be noted that the original parking reduction resulted in a lesser overall parking rate that was applied equally to resident and visitor parking to maintain an appropriate balance of on site parking. The Official Plan parking policies allow the City to consider reduced parking requirements for properties within an area where adequate alternative parking facilities are available, or where it can be demonstrated that such reduction will not negatively affect the community. The experience of the City's Transportation Planning staff recognizes that visitor parking for high rise developments is typically utilized to its capacity during evenings, weekends and holidays. Staff are not satisfied that 14 visitor parking spaces will sufficiently meet the demand of 114 residential units without compromising the surrounding community and properties as there are no alternative parking facilities available in the area. The variance does not meet the intent of the Zoning By-law for the following reasons. Zoning By-law 85-1 requires multiple dwellings with more than 60 units to dedicate 20% of the required parking to visitors to ensure there is adequate parking provided on site without having a negative effect on surrounding properties and streets. Staff are of the opinion that providing only 14 visitor parking spaces on site will not be adequate to meet the needs of 114 residential units. Additionally, it is anticipated that the proposed reduction will create a spill over effect on the abutting properties especially during evenings and weekends. The variance is not minor for the following reasons. A 50% reduction to the visitor parking requirement is not considered to be minor as the effects of the reduction will have negative impacts on adjacent properties and the surrounding street network and the visitors of residents in the building. The site has already been granted a reduction to the overall parking requirement and a further reduction of the visitor parking requirement will further aggravate the parking situation on site. The variance is not appropriate for the development and use of the land for the following reasons. The Mixed Use Corridor designation of the property encourages intensive, transit supportive development for which a 50% reduction to the required visitor parking to provide additional tenant parking is not considered appropriate. The closest available COMMITTEE OF ADJUSTMENT 172 JUNE 21, 2011 3. Submission No. A 2011-036 (Cont'd) public parking is located within the Belmont Village shopping area which is in excess of 400 metres from the subject property which far exceeds a reasonable distance for visitors to park and walk. While staff does not support the requested variance, if the Committee should consider approval of the application, staff would request that any approval be conditional on the owner submitting and receiving approval of a Transportation Demand Management Plan to the satisfaction of the Director of Transportation Planning. Staff recommends that the owner consider implementing TDM measures on the subject property such as subsidized transit passes for residents, a car share program on site which would reduce tenant parking needs or alternatively, unbundling parking from the unit sales to charge an additional fee for parking on site. Additionally, if any change to the required number of visitor parking spaces is approved by the Committee, the owner will be required to apply for and receive approval of a revision to the approved site plan to the satisfaction of the City's Supervisor of Site Development. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. Ms. Wiebe stated that the applicants are experienced developers who only building high rise condominiums or apartment buildings. They are knowledgeable in the tenant audience that their units attract and currently manage over 3000 rental units. She stated that it is in their opinion from their past and current experience that the re- allocation of visitor parking spaces to owner occupied spaces will not create an over flow on the adjacent properties. She advised that the 20% visitor parking space ratio is one of the highest in the Region and if this type of high rise residence was built in Waterloo or Cambridge the visitor parking space requirement would be significantly less. In response to questions, Mr. Leigh advised that the construction of a larger underground parking lot would not have been possible on site due to the high water table in this location. He stated that their request is not to reduce the number of parking spaces required, but re-allocate some of the required visitor parking spaces to owner occupied spaces to meet the market demand. He advised that the 20% visitor parking ratio is higher then all the surrounding cities and from previous experience, it is his opinion that the visitor parking spaces will be under utilized. Ms. Wiebe provided the Committee a chart referencing reduced visitor parking examples in Kitchener and surrounding cities. She stated that there are several other high rise apartment buildings in Kitchener with reduced visitor parking. She advised that following a meeting with staff on June 20, 2011, there were no other similar circumstances where staff were able to identify problems. Ms. Kourretais advised that she was in opposition to this application as her father owns a medical facility across the street from the subject parking and there are already parking issues in the area. She stated from reading staffs report, the closet public parking facility is 400 metres from the subject property, which is to far to manage any parking overflow. Mr. Leigh stated that the variance application is not meant to reduce the number of spaces required it is just a re-allocation. He commented that their intention is not to negatively influence the surrounding properties in the area. Mr. Lewis advised that the property has already received a minor variance approval in 2005, the parking requirement for this site should be 1.5 spaces per unit and the previous variance reduced the requirement to 1.25. With the variance approval they will only be providing 142 off-street parking spaces where they would normally require 146. Regarding the chart provided by the applicant the cited examples in Kitchener are all COMMITTEE OF ADJUSTMENT 173 JUNE 21, 2011 3. Submission No. A 2011-036 (Cont'dl adjacent to other larger commercial lots and those lots would manage any overflow problems that exist in those areas. Regarding the examples in the surrounding cities, he commented that he couldn't speak to the requirements and circumstances of other municipalities. He stated that in this circumstance, 545, 547 and 565 Belmont Avenue West, the properties directly adjacent to the subject property, lacks sufficient amounts of visitor parking on site. He stated that the City has already identified a parking shortage in the area, and the medical building directly across the street has installed parking gates because of the parking overage. He further advised that visitor parking spaces maybe under utilized in the day time but there are overflow concern on evenings, weekends and holidays. Mr. Leigh questioned the reason for the 20% visitor parking requirement. The Chair questioned staff on a potential compromise to the reduction in visitor parking spaces and whether a 20% reduction would be a potential solution. Mr. Lewis stated that there already is a parking reduction on site and reducing the amount of visitor spaces is not something he was prepared to support. Mr. McColl advised that from personal experience parking in this area is already a challenge. He stated that he was inclined to support staff and if the applicant was to come back in 5 years with parking statistics a reduction in visitor spaces maybe more appropriate at that time. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Carvest Properties Ltd. requesting permission to reduce the amount of visitor parking spaces fora 114 unit multi-residential condominium to 14 visitor parking spaces rather than the required 28 visitor parking spaces, on Part Lots 15 & 16, Plan 402, being Parts 3, 4, 5 & 7, Reference Plan 58R-2550, 539 Belmont Avenue West, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: The variance requested in this application is not minor. 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 Official Plan is not being maintained on the subject property. Carried 4. Submission No.: A 2011-037 Applicant: 1500985 Ontario Limited Property Location: 460 Mill Street Legal Description: Lot 336, Plan 262 Appearances: In Support: G. Auer Contra: C. Vannatter Written Submissions: None The Committee was advised that the applicant is requesting permission to convert a duplex to a triplex such that the exterior emergency exit stairs will have a westerly side yard of 0.3 m (0.98') rather than the required 1.2m (3.93'). COMMITTEE OF ADJUSTMENT 174 JUNE 21, 2011 4. Submission No. A 2011-037 (Cont'd) The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is municipally addressed as 460 Mill Street and is located between Ottawa Street South and Sydney Street South. The property is zoned Industrial Residential Zone (M-1) in the City's Zoning By-law 85-1 and designated as General Industrial in the Mill Courtland Secondary Plan. The applicant is seeking relief from Section 5.6.A.4.d and Section 19.3 of the Zoning By-law to permit a outdoor stairwell within 0.3 metres of a side lot line whereas 1.2 metres is required. The applicant has recently received site plan approval in principle to covert an existing duplex into athree-unit multiple dwelling (triplex). Three off-street parking spaces are required for a triplex and currently only two spaces can be provided with the stairwell in its current configuration. The applicant is proposing to relocate the stairwell in the side yard to accommodate all required parking within the rear yard. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The requested relief meets the intent of the Official Plan. The variance is required to relocate the stairwell into the required side yard in order to facilitate a third off-street parking space in the rear parking lot. General Industrial areas may act as a buffer or transition area between more intensive industrial uses and residential uses. Triplex dwellings are permitted in industrial-residential areas designated as General Industrial. The development of the property as a triplex is in compliance with the Official Plan and appropriate measures will be implemented through the site plan to aid in facilitating appropriate buffers between the property and other adjacent properties. The intent of Section 5.6.A.4.d and Section 19.3 of the Zoning By-law is to create a setback for outdoor amenity areas that are located on decks, balconies, and/or terraces that are more than 0.6 metres above grade. The proposed stairwell must be relocated within the side yard in order to allow for three-off street parking spaces to be provided at the rear of the property. The stairwell is required by the Ontario Building Code for a secondary emergency exit and is not meant to be used as an amenity area. The outdoor amenity area is located on the main section of the deck which is located outside of the required side yard setback and is in compliance with the regulations of By-law 85- 1. The requested variance is minor. The stairwell is required as an emergency exit and will not be used as an amenity area. The outdoor deck will function as the required outdoor amenity area and is located outside of the required rear and side yard. The requested variance to locate the stairwell is appropriate. The new stairwell location will allow for the development of a third off-street parking spot in the rear parking lot, as required by the By-law 85-1. The development of the property as a triplex is appropriate and desirable for the neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that this property falls within the Region of Waterloo International Airport's Zoning regulated area. Therefore the property has Building Restrictions (i.e. high rise buildings and/or and communication system/towers), Interference with Communications Restrictions (i.e. high voltage welding), Natural Growth Restrictions (i.e. trees) and Bird Hazard Restrictions (i.e. Storm water retention, compatible land use) and will require to be reviewed by the Region of Waterloo International Airport Authorities. However, for above application (s) there are no concerns. Mr. Vannatter was in attendance in opposition to this application, advising that his property located on Acacia Street to the rear of the subject property. He stated that he was notified of the construction but was not told that it would be a triplex. He advised COMMITTEE OF ADJUSTMENT 175 JUNE 21, 2011 4. Submission No. A 2011-037 (Cont'd) that he has concerns with garbage collection, the number of cars located on site and the height of the building and the privacy in his backyard. Mr. Howard advised that this application is only meant to relocate the stairs located on the wooden deck at the rear of the property to accommodate a third parking space. He stated that the deck is meant to be an emergency exit location only and is not meant to be amenity space. He advised that by relocating the stairs there is the ability to accommodate a third parking space on site for the third residential unit. The Chair noted that the City has development requirements to promote in-fill projects and this development meets all of those requirements. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of 1500985 Ontario Limited requesting permission to convert a duplex to a triplex such that the exterior emergency exit stairs will have a westerly side yard of 0.3 m (0.98') rather than the required 1.2m (3.93'), on Lot 336, Plan 262, 460 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That prior to occupancy, the owner shall obtain an Occupancy Certificate from the Planning Division for the three unit multiple dwelling. 2. The owner shall obtain a Building Permit from the City of Kitchener Building Division. It is the opinion of this Committee that: The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried 5. Submission No.: A 2011-038 Applicant: Pidel Developments Inc. Property Location: 466 Zeller Drive Legal Description: Lot 10, Registered Plan 58M-508 Appearances: In Support: B. Beatty Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of a house (under construction) having a rear yard of 7.4 m (24.27') rather than the required 7.5 m (24.6' ). The Committee considered the report of the Planning Division, dated June 8, 2011, advising that the subject lands are zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The applicant is requesting relief from Section 38.2.1 to permit a rear yard setback of 7.4 metres (under construction) rather than the required 7.5 metres for a single detached dwelling. COMMITTEE OF ADJUSTMENT 176 JUNE 21, 2011 5. Submission No. A 2011-038 (Confd) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan. The intent of this designation is to accommodate a full range of housing types to achieve an overall low density. The proposed variance will permit the as-built foundation of the residence, while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law. The purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well adequate separation from neighbouring properties. It is staffs opinion that a rear yard setback of 7.4 metres would continue to allow outdoor amenity space to be provided while minimizing the impact on neighbouring properties. The variance is considered minor as there is adequate separation from the as-built foundation of the subject residence from abutting residential properties. As such the variance will likely have minimal impact to adjacent lands. The variance is appropriate for the development and use of land as it recognizes an existing situation and would be consistent with the development within this neighbourhood. No adverse impacts as a result of the variance are anticipated. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Pidel Developments Inc. requesting legalization of a house (under construction) having a rear yard of 7.4 m (24.27') rather than the required 7.5 m (24.6'), on Lot 10, Registered Plan 58M-508, 466 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried 6. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions A 2011-039 Paul Hosek & Natalia Antunes 553 Mill Park Drive Lot 39, Plan 1487 P. Hosek None None COMMITTEE OF ADJUSTMENT 177 JUNE 21, 2011 6. Submission No. A 2011-039 (Cont'd) The Committee was advised that the applicant is requesting legalization of a 0.875 m (2.87') high rear yard deck having a side yard of 0.05 m (0.16') rather than the required 1.2 m (3.93'). The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject lands are zoned Residential Three (R-3), with special provision 191R in By-law 85-1 and are designated Low Rise Residential in the Official Plan. The property is located on the west side of Mill Park Drive. The applicant is requesting legalization of a 0.875 metre (2.87 ft) high rear yard deck having a side yard of 0.05 metre (0.16 ft) rather than the required 1.2 metres (3.93 ft). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan. The Low Rise Residential designation is designed to achieve a low overall intensity of use and the deck does not impact the intensity of the single detached dwelling use. The variance meets the intent of the Zoning By-law. The intent is to ensure that a deck over 0.6 metres above grade does not negatively impact the neighbouring property and also that is has sufficient setback in order that it may be maintained. The portion of the deck that encroaches into the 1.2 metre setback is part of a five-sided area of floor space to the northerly side of the main deck and is a small percentage of the overall structure. The deck is 0.875 metre (2.87 ft) above grade and staff is of the opinion that this would not negatively impact the enjoyment of the neighbouring property. As well, the construction of the deck permits maintenance of the structure within the subject lot lines without the necessity of encroaching onto the abutting lands. For the reasons noted above, the variance may be considered minor and appropriate development for the subject property and abutting lands. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. Mr. McColl advised that he is inclined to approve this variance providing that the applicant obtains the proper permits from the City's Building Division. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Paul Hosek & Natalia Antunes requesting legalization of a 0.875 m (2.87') high rear yard deck having a side yard of 0.05 m (0.16') rather than the required 1.2 m (3.93'), on Lot 39, Plan 1487, 553 Mill Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owners shall obtain a Building Permit from the City of Kitchener Building Division. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 178 JUNE 21, 2011 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2011-040 Cliff Lichty 31 Wheatfield Crescent Lot 116, Plan 1455 S. Bowen None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a rear addition to have a rear yard of 7 m (22.96') rather than the required 7.5 m (24.6'). The Committee considered the report of the Planning Division, dated June 8, 2011, advising that the subject lands are zoned Residential Three (R-3) in the City of Kitchener Zoning By-law 85-1 and designated Low Rise Residential in the City of Kitchener Official Plan. The applicant is requesting relief from Section 37.2.1 of the City of Kitchener Zoning By-law to permit a rear yard setback of 7.0 metres, whereas the Zoning By-law requires a setback of 7.5 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan. The intent of this designation is to accommodate a full range of housing types to achieve an overall low density. The proposed variance will permit the proposed sunroom, while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law. The purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well adequate separation from neighbouring properties. It is staffs opinion that a rear yard setback of 7.0 metres would continue to allow outdoor amenity space to be provided while minimizing the impact on neighbouring properties. The variance is considered minor as there is adequate separation from the proposed sunroom to abutting residential properties. As such the variance will likely have minimal impact to adjacent lands. The variance is appropriate for the development and use of the land, as the proposed configuration of the sunroom would be consistent with the established development within this neighbourhood. No adverse impacts as a result of the variance are anticipated. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Cliff Lichty requesting permission to construct a rear addition to have a rear yard of 7 m (22.96') rather than the required 7.5 m (24.6'), on Lot 116, Plan 1455, 31 Wheatfield Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall obtain a Building Permit from the City of Kitchener Building Division. COMMITTEE OF ADJUSTMENT 179 JUNE 21, 2011 Submission No. A 2011-040 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried 8. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2011-041 Activa Holding Inc. Maitland Street (Block 3, Stage 5 - 30T-01201) Part Lot 1, Plan 1382, being Parts 4 & 5, Reference Plan 58R-14712 P. Chauvin None Written Submissions: None The Committee was advised that the applicant is requesting permission to develop this property with 5multi-residential buildings (3 storeys in height) each having a height of 12.58 m (41.27') rather than the permitted 10.5 m (34.44'). The Committee considered the report of the Planning Division, dated June 7, 2011, advising that the subject property located on Maitland Street is zoned Residential Six (R-6) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. In addition, the subject property is part of Stage 5 of Plan of Subdivision 30T-01201. The applicant is proposing to develop the subject property with five multiple residential buildings consisting of a total of 50 residential units. Each building is proposed to have an overall building height of 12.58 metres whereas the maximum building height allowed under the zoning is 10.5 metres. As a result, relief if being sought from Section 40.2.6 of the Zoning By-law 85-1 to allow each multiple residential building to have an overall height of 12.58 metres rather than the required maximum building height of 10.5 metres. The variance will allow a three storey building designed with a peaked style roof rather than a flat roof. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The Official Plan designation favours the mixing and the integration of different forms of housing to achieve a low overall intensity of use. It also recognizes the existing scale of residential development and does not allow for any residential building to exceed three storeys in height at street elevation. Planning staff are satisfied that the proposed development maintains the intent of the Official Plan as it contributes a variety of housing types in the surrounding area that will not exceed three storeys in height. The proposed variance meets the intent of the Zoning By-law as the purpose of a 10.5 metre maximum building height is to maintain low rise residential developments which do not exceed three storeys in height. Staff are of the opinion that the proposed additional 2.08 metre increase in height will not disrupt the aesthetics of the existing COMMITTEE OF ADJUSTMENT 180 JUNE 21, 2011 8. Submission No. A 2011-041 (Confd) developed neighbourhood or the future development of the surrounding area. It is staffs opinion that the proposed peaked style roof will enhance the elevations of the proposed development. It is noted that a flat roof development would comply with the Zoning regulations but may not be as aesthetically pleasing. The proposed variance is minor as the applicant is proposing a small height increase relative to the overall size of the existing residential dwelling. The 2.08 metre increase in height will likely have no impact to adjacent lands due to the sufficient separation distance between abutting residential properties. The variance is appropriate for the development and use of the land as the increase in height will not exceed three storeys nor will it disrupt the existing developed neighbourhood or the future development of the surrounding area. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 10, 2011, advising that they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the application, advising that the proposed multi-residential buildings will mimic the aesthetics of the surrounding three storey town homes. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Activa Holding Inc. requesting permission to develop this property with 5multi-residential buildings (3 storeys in height) each having a height of 12.58 m (41.27') rather than the permitted 10.5 m (34.44'), on Part Lot 1, Plan 1382, being Parts 4 & 5, Reference Plan 58R-14712, Maitland Street (Block 3, Stage 5 - 30T- 01201), Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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 Official Plan is being maintained on the subject property. Carried 9. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions A 2011-042 Arrow Lofts Inc. 112 Benton Street Lots 11 to 20, Plan 398, being Part 1, Reference Plan 58R-15894 C. Baker None None COMMITTEE OF ADJUSTMENT 181 JUNE 21, 2011 9. Submission No. A 2011-042 (Confd) The Committee was advised that the applicant is requesting permission to reduce the number of visitor parking spaces fora 136 unit apartment building, such that 17 visitor parking spaces will be provided (10%) rather than the required 34 visitor parking spaces (20%). The Committee considered the report of the Planning Division, dated June 6, 2011, advising that the subject site is located at the southwest corner of Benton Street and St.George Street at 112 Benton Street. The site is 0.894 hectares (2.21 acres) in size, and is generally rectangular in shape with a small sliver of land connecting the site to Courtland Avenue in the northwest corner. The site has approximately 143 metres frontage on Benton Street, approximately 62 metres frontage on St.George Street and approximately 1.5 metres frontage on Courtland Avenue. The subject property is designated Downtown -Commercial Residential in the Official Plan and is zoned Commercial Residential Three Zone (CR-3) with Special Regulation Provision (394R). Site Plan Approval was granted in 2009 fora 134 unit apartment building. Construction of the site is ongoing. The applicant is requesting relief from Section 6.2.1 b) vi) of the Zoning By-law to permit a reduction in the required visitor parking from 20% to 10% of the total required parking spaces. This equates to a reduction from 34 to 17 visitor parking spaces. According to the applicant, this variance is necessary in order to provide purchasers the option of buying more than one parking space as it currently stands each unit has been allocated one parking space with the rest to be used for visitor parking. The intent of the zoning regulation for visitor parking spaces for multiple dwellings is to ensure adequate parking spaces are available on site in order that surrounding streets and private properties are not impacted with a spill over effect of parking. This is crucial especially for areas of the City where there is no or limited on-street parking as is the case with Benton Street and St. George Street. Consequently, staff is concerned that a 50% reduction from 34 to 17 may result in a parking spill over situation. While not opposed to purchasers wanting a second parking space, staff is of the opinion there are various options that could meet that objective for which Staff would be willing to explore further with the applicant before supporting a variance. Examples of some options include: locating a temporary paved parking area for 17 spaces on the future development area. providing "unbundled" purchasing options for prospective purchasers that would essentially allow not having to purchase a parking space thereby freeing up additional spaces that would enable others the option of purchasing two spaces. exploring Transportation Demand Management with the City. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 7, 2011, advising that any future application (s) on these lands may require road widening, otherwise they have no concerns with this application. Ms. C. Baker advised that she was in agreement with staffs recommendation. The Committee agreed to defer consideration of this application to its meeting scheduled for Tuesday July 19, 2011, to allow staff an opportunity to work with the applicant on other parking management options. CONSENT Submission Nos.: B 2011-035 Applicant: Gide Farms Limited Property Location: 15-17 Wendy Crescent Legal Description: Lot 40, Plan 1661 COMMITTEE OF ADJUSTMENT 182 JUNE 21, 2011 Submission No. B 2011-035 (Cont'd) Appearances: In Support: G. Willms Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to sever 2 semi-detached dwelling units so each one can be dealt with separately. Each of the two parcels of land will have a width on Wendy Crescent of 10 m (32.8'), a depth of 34 m (111.54') and an area of 340 sq. m. (3,659.84 sq. ft.). The Committee considered the report of the Planning Division, dated June 14, 2011, advising that the subject property is located on the south side of Wendy Crescent in the Idlewood Planning Community. The surrounding area is comprised of mainly of single detached and semi-detached dwellings constructed in the late 1980s. The property contains asemi-detached dwelling that was originally and continues to be located on one lot. The property is 680 square metres in area with 20.0 metres of frontage on Wendy Crescent and a lot depth of 34.0 metres. Staff understands from a conversation with the owner that he plans to sell the property soon and that both semi-detached houses are currently rented. The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the semi-detached dwelling) in order to allow separate ownership of each semi- detached house. The application proposes to sever a 340 square metre lot with a 10.0 metre lot width and a 34.0 metre lot depth. The proposed retained lot is also 340 square metres in area with a 10.0 metre lot width and a 34.0 metre lot depth. The proposed severance would have the effect of allowing individual ownership of each semi-detached house. The property is designated Low Rise Residential and is zoned Residential Four Zone (R-4). An analysis of the sketch provided with the application demonstrates that both severed and retained lots would comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and that the configuration of the proposed lots can be considered appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that the subject property is located in close proximity to Lackner Boulevard (Regional Road No. 54). Due to high traffic volumes, a Transportation Noise Study is generally required to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from these roads. If necessary, the owner/applicant will be required to enter into a registered development agreement with the Regional Municipality of Waterloo to implement the approved mitigation measures. Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". COMMITTEE OF ADJUSTMENT 183 JUNE 21, 2011 Submission No. B 2011-035 (Cont'd For information purposes, the owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. This site is within approach surface area of runway 08 and will be subject to over flight and potential aircraft noise. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, and activities or uses that attract birds. Regional staff have no objection to this application subject to the following That prior to final approval, the owner/developer submits a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Lackner Boulevard (Regional Road No. 54). Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Gide Farms Limited requesting permission to sever a parcel of land having a width on Wendy Crescent of 10 m (32.8'), a depth of 34 m (111.54') and an area of 340 sq. m. (3,659.84 sq. ft.), on Lot 40, Plan 1661, 15 Wendy Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. The owner shall arrange an inspection of the fire separation by a City Building Inspector and if remedial measures are required shall obtain a building permit and perform any such measures to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT 184 JUNE 21, 2011 Submission No. B 2011-035 (Cont'd 4. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 5. That the owners shall submit a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Lackner Boulevard (Regional Road No. 54). Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner may enter into a registered development agreement with the Regional Municipality of Waterloo, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried 2. Submission Nos.: B 2011-036 Applicant: Gide Farms Limited Property Location: 23 & 25 Wendy Crescent Legal Description: Lot 42, Plan 1661 Appearances: In Support: G. Willms Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 2 semi-detached dwelling units so each one can be dealt with separately. The land to be severed will have a width on Wendy Crescent of 10.016m (32.86'), a depth of 34 m (111.54') and an area of 342.8 sq. m. (3,690 sq. ft.). The retained land will have a width on Wendy Crescent of 10.016 m (32.86'), a depth of 35.136 m (115.27') and an area of 348.5 sq. m. (3,751.34 sq. ft.). The Committee considered the report of the Planning Division, dated June 14, 2011, advising that the subject property is located on the south side of Wendy Crescent in the COMMITTEE OF ADJUSTMENT 185 JUNE 21, 2011 2. Submission No. B 2011-036 (Cont'dl Idlewood Planning Community. The surrounding area is comprised of mainly of single detached and semi-detached dwellings constructed in the late 1980s. The property contains asemi-detached dwelling that was originally and continues to be located on one lot. The property is 691.3 square metres in area with 20.0 metres of frontage on Wendy Crescent and a lot depth of 35.1 metres. Staff understands from a conversation with the current owner that the property was rented for approximately 20 years and that the property will be transferred to a new owner who plans to live in one unit and rent the other. The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the semi-detached dwelling) in order to allow separate ownership of each semi- detached house. The application proposes to sever a 348.5 square metre lot with a 10.0 metre lot width and a 35.1 metre lot depth. The proposed retained lot is 342.8 square metres in area with a 10.0 metre lot width and a 34.6 metre lot depth. The proposed severance would have the effect of allowing individual ownership of each semi-detached house. The property is designated Low Rise Residential and is zoned Residential Four Zone (R-4). An analysis of the sketch provided with the application demonstrates that both severed and retained lots would comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and that the configuration of the proposed lots can be considered appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that subject property is located in close proximity to Lackner Boulevard (Regional Road No. 54). Due to high traffic volumes, a Transportation Noise Study is generally required to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from these roads. If necessary, the owner/applicant will be required to enter into a registered development agreement with the Regional Municipality of Waterloo to implement the approved mitigation measures. Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". For information purposes, the owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. This site is within approach surface area of runway 08 and will be subject to over flight and potential aircraft noise. COMMITTEE OF ADJUSTMENT 186 JUNE 21, 2011 2. Submission No. B 2011-036 (Cont'd) It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, and activities or uses that attract birds. Regional staff have no objection to this application subject to the following: That prior to final approval, the owner/developer submits a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Lackner Boulevard (Regional Road No. 54). Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Gide Farms Limited requesting permission to sever a parcel of land having a width on Wendy Crescent of 10.016m (32.86'), a depth of 34 m (111.54') and an area of 342.8 sq. m. (3,690 sq. ft.), on Lot 42, Plan 1661, 25 Wendy Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. The owner shall provide for an inspection of the fire separation by a City Building Inspector and if remedial measures are required shall obtain a building permit and perform any such measures to the satisfaction of the Chief Building Official. 4. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 5. That the owner shall submit a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Lackner Boulevard (Regional Road No. 54). Alternatively, because the residential building is existing on site, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, to include the following noise warning clause in all offers of purchase/sale, deeds or rental agreements for both the severed and retained lots: COMMITTEE OF ADJUSTMENT 187 JUNE 21, 2011 2. Submission No. B 2011-036 (Cont'd) "Due to the proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried 3. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B 2011-037 Alex Budure 562 Victoria Street South Lot 42, Plan 645 B. Sajkunovic None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land to be developed with asemi-detached dwelling. The severed land will have a width on Victoria Street of 8.341 m (27.4'), a depth of 46.3 m (151.9') and an area of 366 sq. m. (3,939.72 sq. ft.). The retained land will have a width on Victoria Street of 8.425 m (27.62'), a depth of 46.3 m (151.9') and an area of 387 sq. m. (4,165.76 sq. ft.). Each of the two parcels of land will contain asemi-detached dwelling unit. The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is located on the north side of Victoria Street South between Lawrence Avenue and Westmount Avenue. The surrounding area is comprised of a wide variety of residential land uses. The property contained a single detached dwelling until earlier this year when it was demolished under aCity-issued demolition permit with the intention that asemi-detached dwelling would be constructed in its place. In April, a building permit was issued for asemi-detached dwelling. At the writing of this report, excavation for the building foundation was underway. The property possesses approximately 16.8 metres of frontage on Victoria Street South and is approximately 773 square metres in area. The property is designated Low Rise Residential and is zoned Residential Four (R-4). City Planning staff conducted a site inspection of the property on May 24, 2011. COMMITTEE OF ADJUSTMENT 188 JUNE 21, 2011 3. Submission No. B 2011-037 (Cont'd) The applicant is requesting consent to sever the lot approximately in half in order to allow separate ownership of each semi-detached house. The application proposes to sever a 386 square metre lot with 8.35 metres of frontage on Victoria Street South. The proposed retained lot is 387 square metres in area with 8.43 metres of frontage on Victoria Street South. An analysis of the sketch provided with the application demonstrates that the proposed severed and retained lots comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan, that highways, utilities and municipal services are available and adequate, and that the configuration of the proposed lots can be considered appropriate for the development of asemi-detached dwelling. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that due to the high traffic volumes on Victoria Street South (Regional Road No. 55), the owner/applicant shall prepare a Transportation Noise Study to indicate the methods to be used to abate noise levels for all residential lots adjacent to Victoria Street South from traffic noise generated on this road and if necessary, shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved study. Transportation Noise Studies shall be completed as per Regional Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise Policies" dated July 14, 1999 and the Noise Consultant must be on the Region's pre-approved list. Regional staff have no objection to this application subject to the following That prior to final approval, the owner/developer prepare a Transportation Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Victoria Street South (Regional Road No. 55) for both the severed and retained lands and if necessary, the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to final approval. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Alex Budure requesting permission to sever a parcel of land having a width on Victoria Street of 8.341 m (27.4'), a depth of 46.3 m (151.9') and an area of 366 sq. m. (3,939.72 sq. ft.), on Lot 42, Plan 645, 562 Victoria Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 189 JUNE 21, 2011 3. Submission No. B 2011-037 (Cont'd) 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 5. That the owner, at their cost, shall make satisfactory arrangements with the City's Engineering Services that any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards and any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. 6. The owner shall make satisfactory financial arrangements for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City's Engineering Services and Kitchener-Wilmot Hydro. 7. That the owner shall prepare a Transportation Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Victoria Street South (Regional Road No. 55) for both the severed and retained lands and if necessary, the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried Submission Nos.: B 2011-038 & B 2011-041 Applicant: 1586896 Ontario Inc. Property Location: 1800 Victoria Street North Legal Description: Lot 41, Plan 1677 Appearances: In Support: C. Woods Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 2 parcels of land and retain one parcel of land: the first parcel to be severed will have a COMMITTEE OF ADJUSTMENT 190 JUNE 21, 2011 4. Submission Nos. B 2011-038 & B 2011-041 (Cont'dl width on Victoria Street of 131.43m (431.2') by a depth on the westerly side of 165.787 m (544.21') and an area of 17,685 ha (4.37 ac.). The second parcel of land will have a width on Victoria Street of approximately 51.554 m (169.14') by a depth on the easterly side of 165.787 m (544.21') and an area of 8,095.43 sq. m. (2 ac. ). The land to be retained will have a width on Victoria Street of approximately 45 m (147.63') by a depth on the easterly side of 168.249 m (552') and an area of 8,095.39 sq. m. (2 ac.). The land is vacant at this time. The proposed use of the first parcel is to be a car dealership and the proposed use for the second parcel and the retained land is unknown at this time. The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is located at the northwest corner of Victoria Street North and Shirley Drive, near the eastern extent of the City. The property possesses 325.3 metres of frontage on Shirley Drive and 211.9 metres of frontage on Victoria Street North and is 3.4 hectares in area. The property is a vacant lot and is surrounded by manufacturing, warehousing and stormwater management, and recreational uses. City Planning staff conducted a site inspection of the property on May 24, 2011. An emergency access easement (Instrument No. 956809) in favour of the City is shown on the plan submitted with the applications; however, staff confirms that this easement was released on May 5, 2011 as documented by Instrument No. WR612158. The driveway will be physically closed through the below mentioned site plan application. The applicant is requesting consent to sever two lots, resulting in a total of three lots. The applicant has not determined the use of the proposed lots but has verbally expressed the owner's intent to sell both lots. Application B2011-038 proposes to sever a 1.8 hectare lot with 136.2 metres of frontage on Victoria Street North (including corner visibility triangle) and 234.2 metres of frontage on Shirley Drive. This lot is referred to as "Proposed Severance - A" on the plan submitted with the application form. Through a separate development application (Site Plan Application SP10/067/V/LT), this lot is proposed to contain an automobile dealership and service shop. The site plan has received approval in principle and staff expects that full site plan approval and a building permit will be issued within weeks of the writing of this staff report. Note that through the site plan process, the Region has indicated that they will not allow physical access to Victoria Street North for any of the proposed lots and that access will be from Shirley Drive only. Application B2011-041 proposes to sever a 0.8 hectare lot with 51.6 metres of frontage on Victoria Street North and 45.6 metres of frontage on Shirley Drive. This lot is referred to as "Proposed Severance - B" on the plan submitted with the application form. The proposed retained lot is 0.8 hectares in area with 45.5 metres of frontage on Shirley Drive, and 14.5 metres of frontage on Victoria Street North. A 30.5 metre section of the southern end of the lot abuts a rail right-of-way. This lot is referred to as "Remaining Lands" on the plan submitted with the application form. The subject property is designated Business Park in the Official Plan and is zoned Business Park Service Centre (B-3) with Special Regulation Provisions 1R, 31 R, 56R, and Special Use Provision 58U. The three proposed lots comply with the B-3 provisions. The special zoning provisions do not directly apply to the subject consent applications. Compliance with the special use/regulation provisions is being achieved through the above noted site plan application. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan, would have a positive effect on the provision of employment opportunities, that highways in vicinity are adequate, utilities COMMITTEE OF ADJUSTMENT 191 JUNE 21, 2011 4. Submission Nos. B 2011-038 & B 2011-041 (Cont'dl and municipal services are available and adequate, and that the configuration of the proposed lots can be considered appropriate for the development of the uses permitted by the Zoning By-law. In addition, the proposal is compatible with Site Plan Application SP10/067/V/LT. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that the Region has issued a permit to formally close the temporary access on Victoria Street N. (Regional Road 55). Future access on to Victoria Street N. will not be supported for all three parcels (Severance A, Severance B and retained); access must be provided on Shirley Drive. Sourcewater Protection From the Region's Source Water Protection perspective, this property is found within the Wellhead Protection Area E of both the Woolner and Forwell/Pompeii well fields. In addition, it is found within the anticipated wellhead protection area of a planned municipal well. A car dealership is being proposed on parcel "Severance A" which has an area of 4.370 ac. Given the size of this parcel and the large area which will be covered by pavement, Regional staff will require the completion of a Salt Management Plan for this parcel to help minimize potential impacts from de-icing activities at the site on the Regional water supply. In addition, if the site will include a vehicle repair centre, staff will require the completion of a Spills Management Plan which discusses how the dealership will minimize the impacts from any stored fuel/chemicals at the site and the BMP's that they will use to prevent spills and/or mitigate spills if they should occur. Staff has assumed site related details may not be known at this time; as such staff would support deferring the completion of these two requirements until site plan. The Owner will be required to enter into a registered agreement with the Region to secure completion and implementation of these two management plans at this time. Regarding the retained and Severance B parcels. Although the uses are not known at this time, the lands are zoned for business park type uses. As such, staff is recommending road Salt Management Plans also be completed for these parcels. Similar to the above, these requirements need to be secured by way of a development agreement with the Region at this time. Provision can be made in the agreement to waive the Salt Management Plan, if in the opinion of the Region, that one is deemed not necessary based on the site plan at that time. Regional staff has no objection to these two consent applications subject to the following conditions: That the owner/developer enters into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan, and a Spills Management Plan prior to site plan approval for Severance Parcel A; and 2. That the owner/developer enters into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan prior to site plan approval for Severance Parcel B and the Retained parcel. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 6, 2011, advising that they have no concerns with these applications, stating that the GRCA issued Permit #214/11 for the development proposed on severed lot A. Mr. Woods advised that he has no concerns with staff's recommendations. COMMITTEE OF ADJUSTMENT 192 JUNE 21, 2011 4. Submission Nos. B 2011-038 & B 2011-041 (Cont'dl Mr. Bateman advised that any future development on lot B would require site plan approval and any additional approvals required from the GRCA would be obtained through that process. Submission No. B 2011-038 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of 1586896 Ontario Inc. requesting permission to sever a parcel of land have a width on Victoria Street of 131.43m (431.2') by a depth on the westerly side of 165.787 m (544.21') and an area of 17.685 ha (4.37 ac. ), on Lot 41, Plan 1677, 1800 Victoria Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall receive final approval of Site Plan Application SP10/067/V/LT from the City's Supervisor of Site Plan Development. 4. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan, and a Spills Management Plan prior to site plan approval for Severance Parcel A. 5. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan prior to site plan approval for Severance Parcel B and the Retained parcel. 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. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried COMMITTEE OF ADJUSTMENT 193 JUNE 21, 2011 4. Submission Nos. B 2011-038 & B 2011-041 (Cont'dl Submission No. B 2011-041 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of 1586896 Ontario Inc. requesting permission to sever a parcel of land having a width on Victoria Street of approximately 51.554 m (169.14') by a depth on the easterly side of 165.787 m (544.21') and an area of 8,095.43 sq. m. (2 ac. ), on Lot 41, Plan 1677, 1800 Victoria Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall receive final approval of Site Plan Application SP10/067/V/LT from the City's Supervisor of Site Plan Development. 4. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan, and a Spills Management Plan prior to site plan approval for Severance Parcel A. 5. That the owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to secure completion and implementation of a road Salt Management Plan prior to site plan approval for Severance Parcel B and the Retained parcel. 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. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried 5. Submission Nos.: B 2011-039 Applicant: The INCC Corp. Property Location: 200/210/230 The Boardwalk Legal Description: Part Lot 39, German Company Tract, being Part 31, Reference Plan 58R-16748 COMMITTEE OF ADJUSTMENT 194 JUNE 21, 2011 5. Submission No. B 2011-039 (Cont'dl Appearances: In Support: P. Britton M. Witmer Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a partial discharge of mortgage and to mortgage a parcel of land having a width on Ira Needles Boulevard of 189 m (620.07'), having an irregular shape and having an area of 2.44 ha (6.026 ac. ). The existing use of the property is commercial/office. The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is located at on Ira Needles Boulevard (Regional Road #70) at University Avenue (Regional Road #57). The applicant is requesting consent for the purpose of a mortgage for a block of land on site that is currently vacant but is anticipated to be developed with three plaza buildings to be addressed as 200, 210 and 230 The Boardwalk. The applicant's lands within the City of Kitchener are approximately 18.1 hectares (44.7 acres) in area. The applicant had submitted a consent application that was reviewed and approved by the Committee in August 2009 (application B2009-026) for general access and cross border servicing easements affecting both the City of Waterloo and the City of Kitchener halves of the site. This current application relates to approximately 2.44 hectares of the site adjacent to Ira Needles Boulevard with a frontage of 189 metres. Planning comments: The subject property sits on the border of the City of Kitchener and City of Waterloo. The area subject to this application is zoned 494R, 390U, 55H, 57H and 58H. In addition to these zones, the area on which the building to be addressed 230 The Boardwalk is also subject to Special Regulation 495R, while the area to be addressed 200 The Boardwalk is also subject to Special Regulation 496R. None of the Special Regulation, Use or Holding provisions affects the application for consent for mortgage purposes. Access to the subject property will be from The Boardwalk, which is a road internal to the commercial development site. No access directly onto Ira Needles Boulevard will be permitted. As part of a design brief, a concept plan was created for the site as part of an Official Plan /Zoning By-law amendment and Cross-Border Servicing Agreement. Any buildings, parking layout and accesses shown on the sketch accompanying this application for consent have been provided for conceptual purposes and have not been approved by any formal development application processed by the City of Kitchener. These layouts may change depending on the outcome of the review of the formal Site Plan application. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that they have no objections to this application. Mr. Britton advised the Committee that he has spoken with staff prior to the meeting regarding his concerns with some of the conditions. Mr. B. Bateman provided the committee amended conditions. Moved by Mr. B. McColl Seconded by Mr. A. Lise COMMITTEE OF ADJUSTMENT 195 JUNE 21, 2011 5. Submission No. B 2011-039 (Cont'd) That the application of The INCC Corp. requesting permission for a partial discharge of mortgage and to mortgage a parcel of land having a width on Ira Needles Boulevard of 189 m (620.07'), having an irregular shape and having an area of 2.44 ha (6.026 ac. ), on Part Lot 39, German Company Tract, being Part 31, Reference Plan 58R-16748, 200/210/230 The Boardwalk, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 21, 2013. Carried 6. Submission Nos.: B 2011-040 Applicant: The INCC Corp. Property Location: 120 The Boardwalk Legal Description: Part Lot 39, German Company Tract, Registered Plan 58M-490, being Part of Blocks 3 & 4 Appearances: In Support: P. Britton M. Witmer Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a partial discharge of mortgage and a separate mortgage for a parcel of land having a width on Ira Needles Boulevard of 101.4m (332.67'), having an irregular shape and having an area of 0.45 ha (1.115 ac. ). The existing use of the property is commercial/office. The Committee considered the report of the Planning Division, dated June 13, 2011, advising that the subject property is located at on Ira Needles Boulevard (Regional COMMITTEE OF ADJUSTMENT 196 JUNE 21, 2011 6. Submission No. B 2011-040 (Cont'd) Road #70) at University Avenue (Regional Road #57). The applicant is requesting consent for the purpose of a mortgage for a block of land on site that is developed with a CIBC bank and associated parking. The applicant's lands within the City of Kitchener are approximately 18.1 hectares (44.7 acres) in area. The applicant had submitted a consent application that was reviewed and approved by the Committee in August 2009 (application B2009-026) for general access and cross border servicing easements affecting both the City of Waterloo and the City of Kitchener halves of the site. This current application relates to approximately 0.45 hectares of the site adjacent to Ira Needles Boulevard with a frontage of 101.4 metres. Planning comments: The subject property sits on the border of the City of Kitchener and City of Waterloo. The area subject to this application is zoned 494R, 390U, 55H, 57H and 58H. In addition to these zones, the area of the block closest to the roadway known as "The Boardwalk" is also subject to Special Regulation 496R. None of the Special Regulation, Use or Holding provisions affects the application for consent for mortgage purposes. Access to the subject property will be from The Boardwalk, which is a road internal to the commercial development site. No access directly onto Ira Needles Boulevard will be permitted. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated June 15, 2011, in which they advise that they have no objections to this application. Mr. Britton advised the Committee that he has spoken with staff prior to the meeting regarding his concerns with some of the conditions. Mr. B. Bateman provided the committee amended conditions. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of The INCC Corp. requesting permission for a partial discharge of mortgage and a separate mortgage for a parcel of land having a width on Ira Needles Boulevard of 101.4m (332.67'), having an irregular shape and having an area of 0.45 ha (1.115 ac. ), on Part Lot 39, German Company Tract, Registered Plan 58M-490, being Part of Blocks 3 & 4, 120 The Boardwalk, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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. COMMITTEE OF ADJUSTMENT 197 JUNE 21, 2011 6. Submission No. B 2011-040 (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 June 21, 2013. Carried ADJOURNMENT On motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 21st day of June, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment