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HomeMy WebLinkAboutAdjustment - 2011-07-19COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 19, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski, and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. A. Pires, Planning Technician, Ms. L. Dubicki, Planning Student, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson. Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:14 a. m. MINUTES Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment, of June 21, 2011, as mailed to the members, be accepted. Carried UNFINSHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location Legal Description; A 2011-042 Arrow Lofts Inc. 12 Benton Street Lots 11 to 20, Plan 398, being Part 1, Reference Plan 58R-15894 Appearances: In Support: None Contra: None Written Submissions: C. Baker At the request of the applicant, the Committee agreed to defer consideration of this application to its meeting scheduled for August 16, 2011. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2011-034 Applicant: Dr. Martin Dziak, Target Therapeutics Property Location: 230 East Avenue Legal Description: Part Lots 63, 64 and 110, Plan 351 Appearances: In Support: M. Dziak Contra: None COMMITTEE OF ADJUSTMENT 199 JULY 19, 2011 Submission No. A 2011-034 (Cont'd 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 1.0 m (3.28') rather than the required 6 m (19.68'). The Committee considered the report of the Planning Division, dated July 4, 2011, advising that the subject property 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 existing Health Clinic use. The proposed addition will encroach into the required side yard setback (as per the Zoning By-law 85-1) and therefore a minor variance is required. At the June 21, 2011 Committee of Adjustment meeting, the owner asked that the requested side yard setback be amended to 1.0 metre rather than the previously requested 1.37 metres. The owner advised that the newly proposed custom-built elevator design requires a greater side yard setback reduction than what was determined for the initial design. The Committee of Adjustment required that the owner amend the application to reflect the new side yard setback and that the application be deferred to the next meeting to allow time for recirculation. As a result, the owner is now requesting relief from Section 32.3.5 of the Zoning By-law 85-1 to allow a reduced side yard setback of 1.0 metres rather than the required 6.0 metres side yard setback. The existing side yard setback is 2.74 metres. 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 to 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 various measures could be explored to prevent an unsafe situation such as additional landscaping, fencing, locating a locked gate at the rear etc. Staff is recommending that this concern be dealt with through the site 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 1.0 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 COMMITTEE OF ADJUSTMENT 200 JULY 19, 2011 Submission No. A 2011-034 (Cont'd between the subject property and the abutting residential properties. The reduced left side yard setback from the existing 2.74 metres to 1.0 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 July 11, 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. B. McColl noted the concerns of the neighbour and questioned whether Site Plan approval will address his concerns. Ms. von Westerholt noted that Crime Prevention Through Environmental Design (OPTED) Coordinator will be consulted through Site Plan process to help alleviate any potential concerns identified by the neighbour. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Dr. Martin Dziak, Target Therapeutics requesting permission to install an elevator in the medical clinic, on the north westerly side of the building, to have a side yard of 1.0 m (3.28') rather than the required 6 m (19.68'), on Part Lots 63, 64 and 110, Plan 351, 230 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a Site Plan Application from the City's Supervisor of Site Plan Development prior to the issuance of a Building Permit for the proposed elevator addition. 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 2. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions A 2011-043 Robert Balahura 123 North Drive Part Lots 658 - 660, Plan 230 None None None The Committee was advised that the applicant is requesting permission to construct a new roof over an existing deck having the side yard setback of 2.6m (8.53`) rather than COMMITTEE OF ADJUSTMENT 201 JULY 19, 2011 1. Submission No. A 2011-043 (Cont'd) the required 4.5m (14.76`); the construction of a new garage having a side yard setback along Marlborough Avenue of 4.5 (14.76`) rather than 6.Om (19.68`); legalization of a house on a lot having a width of 12.2m (40.03`) rather than the required 15m (49.21`); and, a northerly side yard of 1.Om (3.28`) rather than the required 1.2m (3.94`). The Committee considered the report of the Planning Division, dated July 13, 2011, advising that the applicant is requesting minor variances to permit: a) a lot width of 12.2 metres rather than 15 metres, b) aside yard setback of 1.0 metres rather that 1.2 metres, c) aside yard abutting a street of 2.6 metres rather than 4.5 metres for the house; and, d) aside yard abutting a street of 4.5 metres rather than 6.0 metres for the garage. Staff has reviewed the application and find that additional variances are required for: a) the side yard abutting a street for a covered porch/veranda that exceeds 0.6m in height above finished grade level, b) the side yard abutting a street for steps that exceed 0.6m in height above finished grade level; and, c) the side yard side for a deck that exceeds 0.6m in height above finished grade level. Staff also notes that the existing brick porch shown on the survey plan submitted with the application appears to encroach onto 127 North Drive. It is the owner's responsibility to address any encroachments with neighbouring property owners. However, staff would consider the porch to have a 0 metre setback which may also require a variance if the porch has a height greater than 0.6 metres, or if the porch is covered or enclosed. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 11, 2011, advising that they have no concerns with this application. The Committee agreed to defer consideration of this application, to its meeting scheduled for September 20, 2011, to allow for the applicant an opportunity to submit an amended application. 3. Submission No.: A 2011-044 Applicant: Emelian Burca Property Location: 487 East Avenue Legal Description: Lots 19 & 20, Plan 655, being Part 1, Reference Plan 58R-16790 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a five unit townhouse and three story duplex on an irregular shaped lot having a lot width of 9.62m rather than the required 15.Om (49.21`); a rear yard setback on the five unit townhouse of 2.5m (8.2`) rather than the required 7.5m (24.61`); a floor space ratio of 0.67 rather than the permitted 0.6; permission for parking to be located 0.15m (0.49`) from the street line on East Avenue and Weber Street East rather than the required 3m (9.84'); and, permission to provide 7off-street parking spaces rather than the required 8 parking spaces. The Committee considered the report of the Planning Division, dated July 8, 2011, advising that the applicant is requesting minor variances as follows: COMMITTEE OF ADJUSTMENT 202 JULY 19, 2011 Submission No. A 2011-044 (Cont'd 1. To permit a rear yard setback of 2.5 metes rather than 7.5 metres. 2. To permit a lot width of 9.0 metes rather than 15.0 metres. 3. To permit 7 parking spaces rather than 8. 4. To permit a floor space ratio of 0.67 rather than 0.6. 5. To permit parking spaces to be located 0.0 metres from a street line rather than 3.0 metres. In January 2011, the applicant presented a site concept through apre-submission meeting. At that time staff provided comment on the proposed plan and identified a number of deficiencies, which would require minor variances. The applicant has worked to refine the site design, however based on the concept five variances are still required prior to the site receiving final site plan approval. Staff are of the opinion that it would be beneficial to review the overall site design in greater detail as part of the formal Site Plan Review process, before the variance are given consideration by the Committee of Adjustment. This is a uniquely constrained site and any small changes to design may have an impact on the variances. Transportation Planning Staff have also requested that the applicant submit a Transportation Demand Management Strategy to justify and recommend mitigation measures for the reduction in parking. Planning staff recommends that the application be deferred to allow the applicant to proceed to Site Plan Review Committee and to submit and Transportation Demand Management Strategy. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 11, 2011, advising that they have no concerns with this application. The Committee agreed to defer consideration of this application up until its meeting scheduled for October 18, 2011, to allow staff an opportunity to work with the applicant on site plan issues and to determine all variances required. 4. Submission No.: A 2011-045 Applicant: 1096202 Ontario Ltd. Property Location: 23 Roy Street Legal Description: Part Lot 5, Plan 360 Appearances: In Support: A. Schreiber G. Whitney G. Harris Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of a residential office building having 3off-street parking spaces rather than the required 6 parking spaces. The Committee considered the report of the Planning Division, dated July 8, 2011, advising that the subject property is located on the south side of Roy Street, between Young Street and Queen Street North. The street is comprised of a number of uses including single detached dwellings, multiple dwellings, religious institutions, and office uses that have been converted from single detached dwellings. The subject property contains a law office that was converted from a single detached dwelling at an unknown point in the past, but at least 20 years ago. The property is designated Office- Residential Conversion in the Civic Centre Neighbourhood Secondary Plan and is zoned Residential Five (R-5) with Special Use Provision 164U in the Zoning By-law. COMMITTEE OF ADJUSTMENT 203 JULY 19, 2011 Submission No. A 2011-045 (Cont'd The owner is proposing to legalize the existing parking area in the rear yard. Staff notes that access to the parking area is achieved via a driveway leading directly from Roy Street to the rear of the building. Although this driveway abuts a driveway leading from Roy Street to the rear parking area of the adjacent property addressed as 27 Roy Street, no legal instrument exists to allow mutual driveway access nor is one necessary for functional or compliance purposes. Currently the length of the proposed existing parking area is approximately 10 metres, which is sufficient to accommodate 3 legally sized parking spaces. Based on the parking requirements found in Section 6 of the Zoning By-law (1 space for each 28.0 square metres of gross floor area), 6 spaces are needed for the 176 square metres of floor area devoted to office use. In this regard the applicant is requesting approval of a minor variance to reduce the required parking to 3 spaces from the 6 spaces that are required under the Zoning By- law. 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 and Zoning By-law for the following reasons. The Official Plan states that: "The City may consider reducing parking requirements for properties within an area or areas, where adequate alternative parking facilities are available, or where it can be demonstrated that such reductions will not negatively affect the community." In this regard, staff notes that on-street metered parking exists along the full length of Roy Street. In addition, the property is within close walking distance of a number of existing and proposed public parking facilities, including the Civic District Parking Garage which is expected to be completed within the next few years. The variance is minor for the following reasons. The use of the property as an office with the existing parking layout has been in existence for at least 20 years. Planning staff confirmed with By-law Enforcement and Parking Operations that the City has no record of parking related complaints specifically related to 23 Roy Street. In addition, the City's Transportation Planning Division has advised that it supports the parking reduction provided the variance is specific to office use. The variance is appropriate for the desirable use of the land for the following reasons. The variance would allow the property to continue to function as a viable office use being a desirable use as stated in the Office-Residential Conversion. The proposed variance is consistent with the Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 11, 2011, advising that they have no concerns with this application. In response to questions, Mr. Schreiber noted that all of the parking is and would be located behind the building line in the rear of the property. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 1096202 Ontario Ltd. requesting legalization of a residential office building having 3off-street parking spaces rather than the required 6 parking spaces, on Part Lot 5, Plan 360, 23 Roy Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 204 JULY 19, 2011 Submission No. A 2011-045 (Confd That the owner shall stripe the 3 parking spaces in accordance with the plan submitted with Minor Variance Application A2011-045, to the satisfaction of the Director of Transportation Planning and the City's Heritage Planner. 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 5. Submission No.: A 2011-046 Applicant: Sheri Burns Property Location: 88 Moore Avenue Legal Description: Lot 9, Plan 133 Appearances: In Support: S. Haney Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a rear addition on a house having a front yard setback of 3.6m (11.81`) rather than the required 4.5m (14.76`); and a side yard setback along Briar Avenue of 3.5m (11.48`) rather than the required 4.5m (14.76`). The Committee considered the report of the Planning Division, dated July 6, 2011, advising that the subject lands are zoned Residential Five (R-5) 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 proposing to construct an addition that will add onto an existing rear addition and close in an existing porch. As a result, the applicant is requesting permission to legalize a front yard setback of 3.6m (11.81`) rather than the required 4.5m (14.76`); and a side yard setback along Briar Avenue of 3.5m (11.48`) rather than the required 4.5m (14.76`). 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 variances meet 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 variances will permit the proposed rear addition, and legalize two (2) existing conditions while maintaining the low density character of the property. The variances meet the intent of the Zoning By-law. The purpose of a 4.5 metres front yard setback is to provide adequate separation from the street. The purpose of the 4.5 metre side yard setback abutting a street is to ensure that buildings are an adequate distance from the public right-of-way in order to ensure that driveway visibility triangles are maintained. It is staffs opinion that a front yard setback of 3.5 metres and a side yard setback of 3.6 metres abutting Briar Avenue would continue to provide adequate separation from the street and maintain driveway visibility triangles. COMMITTEE OF ADJUSTMENT 205 JULY 19, 2011 Submission No. A 2011-046 (Cont'd The variances are considered minor as there is adequate separation from the proposed rear addition to abutting residential properties, and adequate separation from the front porch to the street. As such the variances will have minimal impact to adjacent lands. The variances are appropriate for the development and use of the land, as the proposed configuration of the rear addition and existing front porch 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 July 11, 2011, advising that they have no concerns with this application. The Chair noted the condition recommended in the staff report. Mr. Haney advised that he was in agreement with staff's recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Sheri Burns requesting permission to construct a rear addition on a house having a front yard setback of 3.6m (11.81`) rather than the required 4.5m (14.76`); and a side yard setback along Briar Avenue of 3.5m (11.48`) rather than the required 4.5m (14.76`), on Lot 9, Plan 133, 88 Moore Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall obtain a Building Permit from the City of Kitchener Building Division prior to constructing the addition. 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 CONSENT 1. Submission Nos.: B 2011-042 Applicant: Pieter & Catherine Vos Property Location: 628 New Dundee Road Legal Description: Part Lot 1, Beasley's New Survey Appearances: In Support: K. Murphy Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to sever a parcel of land having the width of 141.65 m (464.73`) by a depth of 155.13m (508.96`) and an area of 21,927 sq. m. (236020.26 sq. ft). This land will be developed through Draft Plan of Subdivision 30T-07202. The retained land will have frontage along New Dundee Road of 91.85m (301.35`) and will continue to be used as residential. COMMITTEE OF ADJUSTMENT 206 JULY 19, 2011 Submission No. B 2011-042 (Cont'd The Committee considered the report of the Planning Division, dated July 11, 2011, advising that the subject property is located on New Dundee Road directly opposite Reichert Drive. The applicant is proposing to sever one lot into two lots where the severed lands will have a depth of 155.13 metres, a frontage of 141.65 metres for an area of 21,927 square metres. The retained lands will contain the homestead of Pieter and Catherine Vos and will have a depth of 132.56 metres, a frontage on New Dundee Road of 91.85 metres for an area of 14,932 square metres. In addition to the proposal to sever a parcel of land, the applicant is also proposing an easement across the frontage of the retained lands for future servicing associated with the development of the lands as part of the subdivision. The 10 metres wide and 91.58 metres long easement will run across the frontage of the retained lands for an area of 915.8 square metres. The severed and retained lands are part of Stage 2 of Plan of Subdivision 30T-07202 (Topper Woods). The applicant has advised staff that the owner intends to maintain ownership of both retained and severed parcels until such time Stage 1 of the subdivision has been registered. Subsequently, the severed lands will be transferred to the developer (Monarch Corporation) so that the development plans for Stage 2 of the subdivision can commence. The subject lands are designated Low Rise Residential in the City's Official Plan which encourages a range of uses and favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The severed and retained lands will accommodate the future residential development of Stage 2 of the subdivision. The proposed severed parcel is zoned Residential Four (R-4) and the proposed retained parcel is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulations 492R and 387U in the Zoning By-law. Both proposed parcels will meet the required minimum lot size (lot frontage and width) as per regulations stipulated under the corresponding zones. In addition, the proposed easement is intended to facilitate the future development of the Plan of Subdivision 30T-07202. Planning staff notes that the severed and retained lands will be subject to the conditions of Draft Approval of Plan of Subdivision 30T-07202 and the Registered Subdivision Agreement. 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, staff are satisfied that the creation of the severed lot is desirable and appropriate. The configuration of the severed and retained lands can be considered suitable for the development of the uses permitted in the zoning. Any future development of the lands will have to comply with the Draft Approved Plan of Subdivision 30T-07202 and the Registered Subdivision Agreement. Therefore the consent does not pre-determine the outcome of future planning processes. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 11, 2011, in which they advise that Regional staff can support this application provided the conditions of draft approval for the subdivision applicable to the subject application can be addressed. Staff has no concerns with development of the severed parcel through the subdivision process. The severance will create afree-standing parcel (retained lands) with frontage on New Dundee Road and future Blair Creek Drive, and create the potential of being developed outside the plan of subdivision process, i.e, through site plan only. This being the case, the ability to address any of the Regional issues/concerns (currently being addressed through conditions of draft approval for the subdivision) would be limited to what can be addressed through the site plan process. To address this issue, and for Regional staff to support the subject consent application, it is recommended the conditions applicable to the plan of subdivision be made provisions of the consent for the retained lands. Staff also recognizes the fact some of these conditions may not be fulfilled until Stage 2 of the subdivision advances to final approval, and that such approval may potentially be beyond the one (1) year timeframe COMMITTEE OF ADJUSTMENT 207 JULY 19, 2011 Submission No. B 2011-042 (Cont'd allowed to satisfy conditions of a provisional consent. As such, staff can support the applicant entering into an agreement with the Region to secure implementation of the necessary conditions set out in the subdivision draft approval for the retained lands. The necessary conditions can be determined at time of drafting of the agreement. Transportation Planning staff has provided the following details related to the consent application. Traffic Site Circulation & Access The retained lands have an existing access to New Dundee Road (Regional Road #12) which is acceptable for the farm use. Any future redevelopment of the retained lands however, should have provision for access to the internal street to the north (Blair Creek Drive). Based on details provided with the application, staff is unsure whether the northern limit of the retained lands will abut the proposed Blair Creek Drive road right of way. If not, a mutual access rights-of-way should be created to the north of the retained lands such that upon redevelopment of the retained lands, the existing access to New Dundee Road will be closed and all access will be through the internal street to the north. Stormwater Management Any future development of the retained lands will require a lot grading plan and stormwater management report. Road Traffic and Stationary Noise A road traffic noise study will be required to assess noise from New Dundee Road and Blair Creek Drive. The retained lands are zoned C2 neighbourhood commercial with site specific zoning to permit residential uses. Should commercial uses be proposed, compatibility may be an issue given the residential use proposed for lands to the east. It is difficult to assess compatibility in the absence of any detailed land use proposal for either of these lands. As well, the City of Kitchener is proposing a pumping station on lands to the west of this property on New Dundee Road. It is recommended that a stationary noise study be undertaken to assess the impact of anticipated noise from potential noise sources associated with commercial uses and the pumping station on any noise sensitive uses proposed on the retained lands. This study may be deferred to any site plan application on the lands. On a related matter, there is an existing dwelling on the retained lands which may be exposed to road traffic noise from New Dundee Road and potentially stationary noise from the proposed pumping station. In lieu of a noise study at this time, staff is recommending that a warning clause be included in an agreement with the Region to address these noise sources. Appropriate wording for this noise warning clause is noted below. Sidewalk and Street Trees As part of the plan of subdivision, there are conditions which require the Developer to provide funds for sidewalk and street trees on New Dundee Road. As a condition of this consent application, the owner will be required to submit these funds for the portion of frontage subject to this consent application. The applicable funds are in the amount of $4,500) for street trees (91.85 mfrontage/7.5 m spacing =12 trees at $375 = $4,500) and sidewalk funds in the amount of $17,200, (91.85 m frontage x 2.1 m wide sidewalk = 192.89 m2 x $89.18 m2 = $17,200). Regional staff has no objection to this application subject to the following conditions COMMITTEE OF ADJUSTMENT 208 JULY 19, 2011 Submission No. B 2011-042 (Cont'd That the owner enters into an agreement with the Regional Municipality of Waterloo (for the retained lands) to secure implementation of the conditions of draft approval applicable to the retained lands set out in plan of subdivision 30T- 07202, as deemed necessary by the Regional Commissioner of Planning, Housing and Community Services; 2. That the owner enters into an agreement with the Regional Municipality of Waterloo (for the retained lands) to complete a stationary noise study, if deemed necessary by the Region, related to potential noise sources associated with any future commercial uses, and the adjacent pumping station to the west, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services; 3. That the owner enters into an agreement with the Regional Municipality of Waterloo (for the retained lands) to include the following noise warning clause on all offers of purchase and sale, and all rental agreements, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services: "Purchasers are advised that due to the proximity of the adjacent pumping station, sound levels from this facility may at times be audible." Provision may be included in the agreement to provide for release of the above- noted clauses if it is determined through the completion of an acoustical study that noise levels from these sources meeting Ministry of the Environment guidelines. Ms. von Westerholt stated that following discussions with the applicant staff wish to amend the conditions outlined in the staff report. She requested that condition number three be removed in its entirety and conditions 4 and 5 be amended by removing reference to a joint maintenance agreement. The Chair noted the comments from the Region of Waterloo. Ms. Murphy advised that she has spoken with the Region and is satisfied with the recommended conditions. In response to questions, Ms. Murphy advised that the severed lot will be added to a plan of sub-division being developed by Monarch Corporation and the future lots and street accesses will be developed through that process. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Pieter & Catherine Vos requesting permission to sever a parcel of land having the width of 141.65 m (464.73`) by a depth of 155.13m (508.96`) and an area of 21,927 sq. m. (236020.26 sq. ft), and an easement across the frontage of the retained land having a width of 10m (32.8') by a length of 91.5m (300') and an area of 915.8 sq. m. (9,857.91 sq.ft), on Part Lot 1, Beasley's New Survey, 628 New Dundee Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners 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 owners 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 209 JULY 19, 2011 Submission No. B 2011-042 (Cont'd) 3. That the owners shall provide to the City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement. 4. The owners shall provide the City Solicitor with copies of the registered Transfer Easement immediately following registration. 5. That the owners shall enter into an agreement with the Regional Municipality of Waterloo (for the retained lands) to secure implementation of the conditions of draft approval applicable to the retained lands set out in plan of subdivision 30T- 07202, as deemed necessary by the Regional Commissioner of Planning, Housing and Community Services. 6. That the owners shall enter into an agreement with the Regional Municipality of Waterloo (for the retained lands) to complete a stationary noise study, if deemed necessary by the Region, related to potential noise sources associated with any future commercial uses, and the adjacent pumping station to the west, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 7. That the owners shall enter into an agreement with the Regional Municipality of Waterloo (for the retained lands) to include the following noise warning clause on all offers of purchase and sale, and all rental agreements, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services: "Purchasers are advised that due to the proximity of the adjacent pumping station, sound levels from this facility may at times be audible." It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 19, 2013. Carried 2. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions B 2011-043 Ken & Sue Sowa 163 Waterloo Street Lot 10, Plan 428 K. Sowa G. Awad Lobe None None COMMITTEE OF ADJUSTMENT 210 JULY 19, 2011 Submission No. B 2011-043 (Cont'd The Committee was advised that the applicant is requesting permission to sever a parcel of land having a triangular shape having a width of 8.56m (28.08`) a southerly depth of 33.85m (111.06`) a northerly depth of 34.94m (114.63`) and an area of 139.9 sq. m. (1505.87 sq. ft.) to be conveyed as a lot addition to 169 Waterloo Street. The severed and retained land will continue to be used as residential. The Committee considered the report of the Planning Division, dated July 8, 2011, advising that the subject property is municipally addressed as 163 Waterloo Street and is located on the west side of Waterloo Street between Duke Street West and Bismark Avenue. The subject property contains a single detached dwelling. It is zoned R-5 in By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The owners of 163 Waterloo Street are requesting to convey a 140 square metre triangular parcel of land as a lot addition to the adjacent property municipally addressed as 169 Waterloo Street. The retained lands will maintain 24 metres of frontage with an area of 678 square metres. No variances are necessary in order to facilitate the severance. Staff has no concerns with this lot addition. 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, the lot addition is appropriate as both the severed and retained parcels are in conformity with the Provincial Policy Statement, Places To Grow, the City's Official Plan and Zoning By-law, the dimensions and shapes of the retained lot are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 11, 2011, in which they advise that they have no objections to this application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Ken & Sue Sowa requesting permission to sever a parcel of land having a triangular shape having a width of 8.56m (28.08`) a southerly depth of 33.85m (111.06`) a northerly depth of 34.94m (114.63`) and an area of 139.9 sq .m. (1505.87 sq. ft.) to be conveyed as a lot addition to 169 Waterloo Street, on Lot 10, Plan 428, 163 Waterloo Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners 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 owners 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 lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT 211 JULY 19, 2011 Submission No. B 2011-043 (Cont'd) 4. That the owners' Solicitor shall provide the City Solicitor with a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 July 19, 2013. Carried ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 19th day of July, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment