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HomeMy WebLinkAboutAdjustment - 2011-05-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 17, 2011 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Ms. L. Ross, Urban Designer, Ms. M. Wade, Heritage Planner, Mr. G. Stevenson, Planning Technician, Mr. J. Lewis, Traffic & Parking Analyst, Ms. A. Buitenhuis, Student Planner, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 9:35 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr. B. McColl That the minutes of the reg ular meeting of the Committee of Adjustment, of April 19, 2011, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2011-023 Applicant: Victoria Ariens Property Location: 300 Joseph Schoerg Crescent Legal Description: Part Lot 12, Beasley's Broken Front Concession and Part Block 12, Registered Plan 58M-400, being Parts 1, 3 and 4, Reference Plan 58R-15677 Appearances: In Support: J. Ariens Contra: None Written Submissions : None The Committee was advised that the applicant is requesting permission to allow 2 of the 3 off street parking spaces to be located in the drive shed located 4.5m (14.76') from the street rather than the required 6.Om (19.69'); to allow 1 of the 3 required off street parking spaces to be located east of the drive shed, set back Om from the street rather than the required 6.Om (19.69'); to allow 2 additional parking spaces to be located east of the drive shed to be set back from the street Om rather than the required 3.Om(9.84'); to allow the 3 parking spaces next to the drive shed to have a minimum depth of 4.5m (14.76') to 3.75m (12.3') rather than the required 5.49m (18.01'); to allow a total driveway width of 18.Om (59.06') rather than the permitted driveway width of 8.Om (26.25'); and, to allow a parking lot with vehicles being allowed to egress in a rearward motion rather than the required forward motion. The Committee considered the report of the Planning Division, dated May 11, 2011, advising that the subject property is located on the south side of Joseph Schoerg Crescent and is legally described as Part Lots 3 and 4, Registered Plan 789. The COMMITTEE OF ADJUSTMENT 136 MAY 17, 2011 Submission No. A 2011-023 (Cont'd) subject property is 0.85 hectares (2.11 acres) in size and is occupied by a single detached dwelling and a drive shed that were constructed circa 1830. The applicant, Victoria Ariens, has requested the following six variances: 1. Relief from Sections 6.1.1.1.b.i and 36.2.1, to permit 2 of the 3 required off-street parking spaces to be located in the drive shed and setback 4.5 metres from the street line, whereas the zoning requires a minimum front yard setback of 6.0 metres; 2. Relief from Section 6.1.1.1.b.i, to permit 1 of the 3 required off-street parking spaces to be located east of the drive shed and setback 0 metres from the street line, whereas the zoning requires a minimum setback of 6.0 metres; 3. Relief from Section 6.1.1.1.iv, to permit 2 additional off-street parking spaces to be located east of the drive shed and setback 0 metres from the street line, whereas the zoning requires a minimum setback of 3.0 metres; 4. Relief from Section 6.1.1.1.b.ii.h, to permit a total driveway width of 16.0 metres, whereas the zoning permits a maximum driveway width of 8 metres; 5. Relief from Section 6.1.2. b, to permit a parking lot with vehicles being allowed to egress in a backward motion, whereas the zoning requires a parking lot to provide ingress and egress of vehicles to and from a street in a forward motion only; and, 6. Relief from Section 6.1.1.1.b.vi, to permit a driveway that is comprised of two different materials and two different colours that are not distinguishable from other ground cover and surfacing, whereas the zoning requires the driveway to be comprised of a material, pattern or colour that is consistent throughout and that is distinguishable from all other ground cover or surfacing, including landscaping or walkways. The property is designated Low Rise Residential in the City's Official Plan. The property is zoned Residential Two (R2) in By-law 85-1 and is subject to special regulation provisions 231R and 263R and special use provisions 228U and 236U. The property is also designated under Part IV of the Ontario Heritage Act and is subject to a Heritage Conservation Easement Agreement. The applicant is proposing to convert the existing drive shed building to a garage in order to provide two interior required parking spaces. The applicant has installed a driveway that leads to the proposed garage and the same driveway extends east of the garage in order to provide one required surface parking space and two additional parking spaces. The variances were considered by the Committee of Adjustment on April 19, 2011. The Committee of Adjustment recommended deferral in order to allow an opportunity for the applicant and staff to discuss alternatives. The applicant and staff have met and agreed to an alternative. The main difference between the original application and the alternative is that all parking spaces will be located on the subject property (rather than encroaching onto the City boulevard) and all parking spaces will meet the minimum parking space depth requirement of 5.49 metres. As a result, an encroachment agreement is not required and a variance for parking space depth is not required. Specifically, the alternative proposes to permit: • 2 of 3 required off-street parking spaces to be located within the drive shed and setback 4.5 metres from the street line; • 1 of 3 required off-street parking spaces to be located east of the drive shed and setback 0 metres from the street line; • 2 additional parking spaces to be located east of the drive shed and setback 0 metres from the streetline; • a total driveway width of 16.0 metres; COMMITTEE OF ADJUSTMENT 137 MAY 17, 2011 Submission No. A 2011-023 (Cont'd • a parking lot to provide ingress and egress of vehicles to and from a street in a forward motion only; and, • a driveway that is comprised of two different materials and two different colours that are not distinguishable from other ground cover and surfacing. With regards to the variances requested, staff offer the following comments 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. Variance 1 -Permission to have Required Parking within a Building Setback 4.5 metres from the Street Line The Low Rise Residential designation in the Official Plan permits the accessory building (commonly referred to as the drive shed) and the parking setback reduction recognizes an existing situation. It is the opinion of staff that the variance meets the intent of the Official Plan. The intent of the zoning regulation requiring a minimum 6.0 metre setback from the street line is to allow off-street visitor parking spaces on the driveway in tandem with the required parking spaces located inside the drive shed. The applicant is proposing to convert the inside of the drive shed to two required parking spaces. The applicant is also proposing to locate two additional parking spaces east of the drive shed. The additional parking spaces may be used for off-street visitor parking. Visitor vehicles may also park on the north side of Joseph Schoerg Crescent where on-street parking is permitted. As a result, staff believes sufficient visitor parking will be available on the subject property. It is the opinion of staff that the variance meets the intent of the Zoning By-law. The variance recognizes an existing situation, which conserves a built heritage resource. As a result, staff consider the variance to be minor. The variance is appropriate for the development and use of land because it recognizes an existing situation, which conserves a built heritage resource. Based on the forgoing, staff recommends that the request to permit two of the three required off-street parking spaces to be located in the drive shed and setback 4.5 metres from the street line, whereas a minimum setback of 6.0 metres is required, be approved subject to conditions. Variance 2 -Permission to have Required Parking Setback 0 metres from the Street Line The Low Rise Residential designation of the Official Plan encourages a full range of housing types as well as a mix of non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing. In addition, the special policies relating to Pioneer Tower West of the Official Plan permit tourist homes within existing heritage buildings as a means of promoting their preservation. The parking setback reduction recognizes the need to provide one of two required parking spaces for the tourist home. It is the opinion of staff that the variance meets the intent of the Official Plan. Note that the tourist home requires an Occupancy Permit. The intent of the zoning regulation requiring a minimum 6.0 metre setback from the street line is to allow off-street visitor parking spaces on the driveway in tandem with the required parking spaces in the drive shed. The applicant is proposing to convert the inside of the drive shed to two required parking spaces. The applicant is also proposing to locate two additional parking spaces east of the drive shed. The additional parking spaces may be used for off-street visitor parking. Visitor vehicles may also park on the north side of Joseph Schoerg Crescent where on-street parking is permitted. It is also important consider the grades of the subject property. Staff recognizes that the grades adjacent to the drive shed and driveway would need to change and/or a retaining wall COMMITTEE OF ADJUSTMENT 138 MAY 17, 2011 Submission No. A 2011-023 (Cont'd would need to be constructed if the required parking was setback a minimum of 6.0 metres from the street line. Changes to the grades may impact the cultural heritage landscape. As a result, it is the opinion of staff that the variance meets the intent of the Zoning By-law. The subject property will provide parking for five vehicles. In addition, the variance recognizes the grades of the property, which are important to maintain the existing cultural heritage landscape. As a result, staff considers the variance to be minor. The variance is appropriate for the development and use of land because the subject property will provide parking for five vehicles; recognize the grades of the property, which are important to maintain the existing cultural heritage landscape; and, the impact to neighbouring properties is minor because the subject property has a large frontage, the adjacent properties are open space with no driveways, and Joseph Schoerg Crescent is a local residential street. Based on the foregoing, staff recommends that the request to permit one of three required off-street parking spaces to be located east of the drive shed and setback 0 metres from the street line, whereas a minimum setback of 6.0 metres is required, be approved subject to conditions. Variance 3 -Permission to have Additional Parking Setback 0 metres from the Street Line The Low Rise Residential designation of the Official Plan encourages a full range of housing types as well as a mix of non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing. In addition, the special policies relating to Pioneer Tower West of the Official Plan permit tourist homes within existing heritage buildings as a means of promoting their preservation. It is the opinion of staff that the variance meets the intent of the Official Plan. The intent of the zoning regulation requiring a minimum 3.0 metre setback from the street line is to provide a buffer on the private lands between the public realm and the vehicles in a parking lot in order to enhance the streetscape. Staff acknowledges that the proposed parking configuration is not a typical parking lot and the hard surface areas do not function as a typical parking lot. A buffer cannot be established because vehicles must access the parking spaces directly from the street rather than from a drive aisle within a parking lot. It is also important to consider the grades of the subject property. Staff recognizes that the grades adjacent to the drive shed and driveway would need to change and/or a retaining wall would need to be constructed if the required parking was setback a minimum of 3.0 metres from the street line. Changes to the grades may impact the cultural heritage landscape. In addition, a setback of approximately 2.25 metres is provided between the property boundary and the City sidewalk. As a result, it is the opinion of staff that the variance meets the intent of the Zoning By-law. The proposed driveway and parking configuration is not a typical parking lot and the hard surface areas do not function as a typical parking lot. In addition, the variance recognizes the grades of the property, which are important to maintain the existing cultural heritage landscape and a setback of approximately 2.25 metres is provided between the property boundary and the City sidewalk. As a result, staff considers the variance to be minor. The variance is appropriate for the development and use of land because the proposed driveway and parking configuration do not represent or function as a typical parking lot; the variance recognizes the grades of the property, which are important to maintain the existing cultural heritage landscape; a setback of approximately 2.25 metres is provided between the property boundary and the City sidewalk; and, the impact to neighbouring properties is minor because the subject property has a large frontage, the adjacent properties are open space with no driveways, and Joseph Schoerg Crescent is a local residential street. COMMITTEE OF ADJUSTMENT 139 MAY 17, 2011 Submission No. A 2011-023 (Cont'd Based on the foregoing, staff recommends that the request to permit a 0 metre setback from the street line, whereas a 3.0 metre setback from the street line is required, be approved subject to conditions. Variance 4 - Permission to have a Driveway Width of 18.0 metres The Urban Design policies of the Official Plan encourage a high standard of urban design. It is the opinion of staff that the request for an increased driveway width meets the intent of the Official Plan. The intent of the zoning regulation permitting a maximum driveway width of 8 metres is to provide an attractive and safe streetscape. The zoning for the subject property permits two driveways with a maximum width of 8.0 metres each. The maximum driveway width ensures that some of the front yard is landscaped with soft materials such as grass, shrubs or trees. At the same time, the maximum driveway width limits the total number of vehicles that may need to egress in a backward motion. The proposed width of the driveway could accommodate 6 legal parking spaces. If the applicant had proposed two driveways with a maximum width of 8.0 metres each the driveways could also accommodate 6 legal parking spaces. Although vehicles that egress in a backward motion may create safety concerns with pedestrians and vehicular traffic, Transportation Planning staff have advised that given the nature and intended use of the site they can support vehicles that egress in a backward motion. It is the opinion of staff that the variance meets the intent of the Zoning By-law. The variance recognizes that the proposed 16.0 metre wide driveway and the two 8.0 metre wide driveways permitted under the Zoning By-law could accommodate the same number of legal parking spaces. As a result, staff considers the variance to be minor. The variance is appropriate for the development and use of land because the proposed driveway and the two maximum driveways permitted could accommodate the same number of vehicles. In addition, the impact to neighbouring properties is minor because the scale of the driveway is appropriate based on the large frontage. Based on the foregoing, staff recommends that the request to permit a driveway width of 16.0 metres, whereas a maximum driveway width of 8.0 metres is permitted, be approved subject to conditions. Variance 5 -Permission to have a Parking Lot where Vehicles Egress in a Backward Motion The Transportation Policies of the Official Plan require parking areas to be designed, constructed, and maintained for the safe and efficient movement of vehicles and pedestrians on site and at points of ingress and egress to the site. Given the nature and intended use of the site, Transportation Planning staff has advised that they can support parking spaces exiting in a backward motion. It is the opinion of staff that the request to allow vehicles to egress in a backward motion meets the intent of the Official Plan. The intent of the Zoning regulation requiring vehicles in a parking lot to egress in a backward motion is to ensure the safe and efficient movement of vehicles and pedestrians both on private and public lands. It is the opinion of staff that the variance meets the intent of the Zoning By-law. Based on the permitted use of the site (single detached dwelling and two bedroom tourist home), it is the opinion of staff that the variance is minor. The variance is appropriate for the development and use of land because given the nature and intended use of the site and the fact that Joseph Schoerg Crescent is a local residential street. COMMITTEE OF ADJUSTMENT 140 MAY 17, 2011 Submission No. A 2011-023 (Cont'd Based on the foregoing, staff recommends that the request to permit vehicles in a parking lot to egress in a backward motion, whereas vehicles in a parking lot must egress in a forward motion, be approved subject to conditions. Variance 6 -Permission to have a driveway that is comprised of two different materials and two different colours that are not distinguishable from other ground cover and surfacing The Urban Design policies of the Official Plan encourage a high standard of urban design. It is the opinion of staff that the request for an increased driveway width meets the intent of the Official Plan. The intent of the Zoning regulation requiring a driveway to be comprised of a material, pattern or colour that is consistent throughout the driveway and that is distinguishable from all other ground cover or surfacing is to ensure that vehicles do not park across the full frontage of a property thereby negatively impacting the quality of the streetscape. This regulation allows additional hard surfacing beyond the maximum driveway width for walkways and other hard surface landscape features. Parking will be limited to the interior of the drive shed and the three parking spaces east of the drive shed. In addition, the driveway has been extended onto the flagstones in order to prevent the need for a variance to the parking space depth and therefore the need for an encroachment agreement with the City. It is the opinion of staff that the variance meets the intent of the Zoning By-law. The variance ensures that the minimum parking space depth requirement is accommodated entirely on the subject property. In addition, the variance does not create the potential for additional vehicles to park across the frontage of the property. As a result, staff considers the variance to be minor. The variance is appropriate for the development and use of land because it ensures that vehicles will be parked on the subject property but will not negatively impact the quality of the streetscape. Based on the foregoing, staff recommends that the request to permit a driveway that is comprised of two different materials and two different colours that are not distinguishable from other ground cover and surfacing, be approved subject to conditions. A Heritage Permit Application was required for the installation of paving stones east of the drive shed since the introduction of a new surface material and the parking of vehicles may impact the reasons for designation and in particular the cultural heritage landscape. Staff report DTS-10-179 outlined the concerns of Heritage Planning staff relating to the cumulative impacts of alterations to the property, including impacts to the views of the cultural heritage landscape, the health of the front yard maple tree, and the rural character of the property. Heritage Planning staff recommended refusal of the Heritage Permit Application. The staff report was considered by Heritage Kitchener on November 2, 2010. Heritage Kitchener also recommended refusal of the Heritage Permit Application. The recommendations of Heritage Planning staff and Heritage Kitchener were considered by Council on November 15, 2010. Council approved the Heritage Permit Application subject to a condition indicating that the approval of the Heritage Permit Application was not a waiver of any of the provisions of any by-laws of the City of Kitchener or legislation including, but not limited to, the regulations of the Building Code, Fence By-law, Hedges By-law, Zoning By-law or subsequent Heritage Permit Application approvals required under the Ontario Heritage Act. Legal Services has advised that should the Committee of Adjustment choose to approve the variances, the approval should be subject to the following condition: COMMITTEE OF ADJUSTMENT 141 MAY 17, 2011 Submission No. A 2011-023 (Cont'd 1. That the applicant removes the encroachment for three previously approved parking spaces located in front of the drive shed and terminate the encroachment agreement with the City. Transportation has reviewed the changes to the subject application and can support the revised plan as provided by the applicant. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 4, 2011, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated April 8, 2011, noting that the subject property contains steep slopes, erosion hazard, floodplain associated with the Grand River and allowances adjacent to these features. Consequently, the subject property is regulated by the GRCA under Ontario Regulation 150/60 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Mr. Ariens advised that he represents the owner of the subject property; and, although he is a professional planner, he is not acting in that capacity at this time. Mr. Ariens then stated that he appreciates the efforts of staff in arriving at this compromise solution; further, the conditions recommended by staff are satisfactory. Mr. Ariens questioned whether there is a time limit on fulfilling the conditions as he will not be able to install the new carriage doors for 1 to 2 years. Staff agreed to a time limit of December 31, 2012 to complete conversion of the drive shed to a garage. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Victoria Ariens requesting permission to allow 2 of the 3 off street parking spaces to be located in the drive shed located 4.5m (14.76') from the street rather than the required 6.Om (19.69'); to allow 1 of the 3 required off street parking spaces to be located east of the drive shed, set back Om from the street rather than the required 6.Om (19.69'); to allow 2 additional parking spaces to be located east of the drive shed to be set back from the street Om rather than the required 3.Om(9.84'); to allow a total driveway width of 16.Om (52.49') rather than the permitted driveway width of 8.Om (26.25'); and, to allow a parking lot with vehicles being allowed to egress in a rearward motion rather than the required forward motion; and, to permit a driveway that is comprised of 2 different materials and 2 different colours that are not distinguishable from other ground cover and surfacing rather than the requirement that a driveway be comprised of a material, pattern or colour that is consistent throughout and distinguishable from all other ground cover or surfacing, including landscaping or walkways on Part Lot 12, Beasley's Broken Front Concession and Part Block 12, Registered Plan 58M-400, being Parts 1, 3 and 4, Reference Plan 58R-15677, 300 Joseph Schoerg Crescent, BE APPROVED, subject to the following conditions: 1. That the applicant shall obtain a building permit to convert the drive shed to a garage and the conversion of the drive shed to accommodate parking inside shall be completed by December 31, 2012. 2. That the owner shall obtain an occupancy permit for the tourist home. 3. That the owner shall remove the encroachment for three previously approved parking spaces located in front of the drive shed and terminate the encroachment agreement with the City of Kitchener. 4. That the applicant shall remove 2m of the existing driveway and reinstate 2m of soft surface materials to the satisfaction of the Director of Transportation Planning. COMMITTEE OF ADJUSTMENT 142 MAY 17, 2011 Submission No. A 2011-023 (Cont'd) 5. That the applicant shall remove 0.51m of the existing driveway and install a 0.51m paving stone soldier course to the satisfaction of the Director of Transportation Planning. 6. That the applicant shall remove the grass located between the flag stones and install hard surface paving stones to match the rest of the driveway to the satisfaction of the Director of Transportation Planning. 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: A 2011-024 50 Gateway Park Drive Limited 50 Gateway Park Drive Lots 1, 2 & 3, Plan 1725 J. Anderson None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 119 off-street parking spaces rather than the required 129 off-street parking spaces for a retail and warehousing use. The Committee considered the report of the Planning Division, dated April 11, 2011, advising that subject lands are zoned Planned Commercial Campus (C-8) in the City of Kitchener Zoning By-law 85-1 and are designated Planned Commercial Campus in the City of Kitchener Official Plan. The applicant is requesting relief from Section 6.1.2 of By-law 85-1 to permit a reduction in required parking of 10 spaces to permit 119 spaces whereas the By-law requires 129 spaces. The subject property is located at 50 Gateway Park Drive at the corner of Gateway Park Drive and Sportsworld Drive. The property has 65.4 metres of frontage along Sportsworld Drive, a depth of 139.5 metres, and an area of 12,060 square metres. It is developed with a large freestanding retail unit which includes warehouse space. The future tenant, Value Village, is proposing to construct a donation drop-off area at the rear of the building (shown in Figure 1) which would result in a loss of 10 parking spaces. These parking spaces cannot be relocated anywhere else on site; therefore the applicant is requesting permission to allow 119 parking spaces rather than 129 which is required by 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 Planned Commercial Campus designation is generally intended to permit a large group of retail uses sharing a common area, however the Official Plan also permits COMMITTEE OF ADJUSTMENT 143 MAY 17, 2011 2. Submission No. A 2011-024 (Cont'dl individual retail outlets with a minimum size of 1500 m2, and Value Village meets this requirement. A greater number of parking spaces would need to be provided for multiple retail uses functioning as a unit and sharing a common parking lot, but because this is the only retail use on the property and the parking is intended to be used only by Value Village customers, the reduction of 10 spaces is not significant. Although Planned Commercial Campus designated areas are meant to be primarily automobile oriented, this site is also accessible by transit, reducing the need for such a great amount of parking. The variance meets the intent of the Official Plan. The intent of Section 6.1.2 of the By-law is to ensure an adequate amount of parking spaces will be provided for the proposed use. As this site is located in close proximity to public transit and the number of spaces being removed is quite small, Transportation Planning does not foresee any issues resulting from the parking reduction. 119 spaces is an adequate amount for the site. The variance meets the intent of the Zoning By-law. The variance is considered minor because it is not expected to have a significant impact on the usability and functionality of the site or on neighbouring properties. The loss of 10 spaces is a reduction of 9% which is a very small amount and will not create problems on the site. The variance is appropriate for the development and use of the land as it is a permitted use in both the Official Plan and Zoning By-law. The drop-off area is a necessary component of the Value Village business model. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 4, 2011, advising that they have no concerns with this application. The Committee consider the report of the Ministry of Transportation (MTO) Corridor Management Planner, dated April 7, 2011, advising that the application has been considered in accordance with the requirements of highway access control policies and the Public Transportation and Highway Improvement Act. MTO advises that they have no concerns with the proposal; however, the owner should be aware that a new sign permit is required from MTO before installation of any signs visible to and within 400m of Highway 8 and the interchange ramps. The Chair noted the comments of the Ministry of Transportation regarding a sign permit. Mr. J. Anderson advised that he was in support of the staff recommendation and a Site Plan application as already been submitted. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 50 Gateway Park Drive Limited requesting permission to provide 119 off-street parking spaces rather than the required 129 off-street parking spaces for a retail and warehousing use, on Lots 1, 2 & 3, Plan 1725, 50 Gateway Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall submit a Site Plan Application for Minor Revisions to the satisfaction of the Supervisor of Site Plan Development. 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 COMMITTEE OF ADJUSTMENT 144 MAY 17, 2011 This meeting recessed at 9:43 a.m. and reconvened at 10:04 a. m. with the following members present: Messrs. D. Cybalski, A. Head and B. McColl. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2011-031 Applicant: Helfried Sitt Property Location: 10 Kennedy Avenue Legal Description: Lot 33, Plan 239 and Part Streets & Lanes Mr. A. Head declared a pecuniary interest with this application, as his firm has acted for the applicant and did not participate in any discussion or voting with respect to this application. Appearances: In Support: H. Sitt Contra: None Written Submissions: None The Committee was advised that the applicant is requesting to provide 3off-street parking spaces rather than the 4off-street parking spaces required fora 4-plex; and, legalization of the off-street parking located in front of the building facade 1.09m (3.58`) from the lot line along Kennedy Avenue rather than the required 4.5 m (14.76') The Committee considered the report of the Planning Division, dated May 9, 2011, advising that the subject property is located on Kennedy Avenue, just east of Courtland Avenue, and is legally described as Lots 33, Registered Plan 239. The subject parcel is 0.04 hectares (0.09 acres) in size and is occupied by atwo-storey, four-unit converted house (multiple dwelling). The property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan in the City's Official Plan. The property is zoned Residential Five (R5) in By-law 85-1, which permits multiple dwellings to a maximum of 3 units. Staff visited the site on May 6, 2011. When the applicant purchased the property in 2003, a Letter of Zoning Compliance was obtained from the City, which noted that the building with four (4) units could be considered "legal non-conforming". In the years that followed, a fire occurred in the building and when permits were obtained for internal reconstruction, afifth unit was noted in those permits and constructed. After that, a sixth unit was added to the building without permits or approvals. In 2009, a complaint to By-law Enforcement brought the two additional units to the attention of Planning Division staff. The entire front yard of the property had also been covered in gravel and used for parking. Planning staff met with the property owner and his consultant several times since the issue was brought to their attention, and the property owner has agreed to remove two of the dwelling units and to remove some of the parking area and re-instate landscaping. Planning staff has consulted with Legal Division staff, and the opinion provided was that a four dwelling-unit use on the site could still be considered legal non-conforming provided the building footprint had not changed. Consulting a 1988 survey of the property, the building footprint appears to be the same. The four-unit use would be legal-non conforming because the land use designation and zoning only permit a maximum of three dwelling units on the site. The applicant has requested relief from the parking regulations of the Zoning By-law in the following respects: COMMITTEE OF ADJUSTMENT 145 MAY 17, 2011 Submission No. A 2011-031 (Cont'd 1. To permit parking with a setback of 1.09 metres from the front property line, whereas parking for a multiple dwelling must be located behind the front fapade of the building and not within the required front yard (4.5 metres), as per Section 6.1.1.1(d)(i); and, 2. To permit a reduction in the number of required parking spaces from four (4) to three (3), for afour-unit multiple dwelling, as per Section 6.1.2(a). Looking at aerial photographs of the property dating from 2003, when the 4-unit use was deemed legal-non-conforming, the driveway was approximately 5.6 metres wide and the garage was available for parking. The parking arrangement now proposed would result in a driveway 7.8 metres wide, leaving a 3.8 metre-wide area in the front yard for landscaping and the existing concrete walkway. The tests for expansions of legal non-conforming uses speak to the expansion of a non- conforming structure or permission to allow non-complying uses that are similar in nature to the existing legal non-conforming use. In this situation, the building footprint itself is not proposed to change in any way. Instead, it is the width of the driveway that is proposed to increase beyond what was in place at the time of the structure being deemed `legal non-conforming', presenting a parking layout that presents an additional non-complying parking space. In the evaluation of an application to permit an expansion of a legal non-conforming use, staff must look at whether the proposal would assist in extending the tenure of the legal non-conforming use, and whether the proposal would make the legal non- conforming use more compatible with the surrounding neighbourhood and/or not cause any adverse impact. Considering the existing parking situation on site, staff considers the proposed parking configuration with reinstated landscaping more compatible and beneficial to the surrounding neighbourhood than the existing situation. Further, staff notes that the parking layout proposed in the plan attached to the Committee of Adjustment application still leaves enough space for one additional parking space in front of the garage in front of the space identified as "#3" on the plan. While this tandem space would not be counted towards satisfying the quantity of parking required by the Zoning By-law, it would provide a fourth spot for the four-unit dwelling. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 4, 2011, advising that they have no concerns with this application. Mr. Sitt requested clarification regarding condition number 2 and whether there was a By-Law requirement that driveways must be a hard surface. Mr. Bateman advised that staff is trying to legalize this situation and clean up the property at the same time. He confirmed that an asphalt driveway is not a by-law requirement. In response to questions from the Committee, Mr. Sitt advised that he returned the use of this property to a 4-plex in March, and did so by opining up a doorway within the building. Mr. Bateman commented that staff support 3 legal parking spaces for this 4- plex as it is in a central location and there is public transit close by. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Helfried Sitt requesting permission to provide 3off-street parking spaces rather than the 4 off-street parking spaces required for a 4-plex; and, legalization of the off-street parking located in front of the building facade 1.09m (3.58`) from the lot line along Kennedy Avenue rather than the required 4.5 m (14.76'), on Lot 33, Plan 239 and Part Streets & Lanes, 10 Kennedy Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 146 MAY 17, 2011 Submission No. A 2011-031 (Cont'd That this approval is limited to chard-surfaced driveway with a maximum width of 7.8 metres, with a minimum setback of 0.6 metres from the property line shared with 12 Kennedy Avenue and a minimum setback of 3.8 metres from the property line shared with 8 Kennedy Avenue. 2. That the driveway shall be finished in a material other than gravel, with the work to be completed no later than September 1, 2011. Acceptable materials may include asphalt, concrete or paving stones. The applicant must notify Planning Staff once this work has been completed in order for a confirmation inspection to be undertaken. 3. That remaining gravel area that is no longer to be used for parking shall be restored using landscaping materials, with the work to be completed no later than October 1, 2011. This includes the 0.6 metre buffer between the driveway and the property line shared with 12 Kennedy Avenue. Landscaping must not exceed 0.9 metres in height within the driveway visibility triangles, but must serve as a deterrent for parking in the landscaped area (using features such as shrubbery, fencing that complies with municipal regulations or armourstone blocks). The applicant must notify Planning Staff once this work has been completed in order for a confirmation inspection to be undertaken. It is the opinion of this Committee that: The use of this property as a 4-plex existed on the day the by-law was passed to prohibit such use. 2. The approval of this application will not adversely impact the neighbourhood. Carried 2. Submission No.: A 2011-032 Applicant: Gary Jeffrey Property Location: 297 Country Hill Drive Legal Description: Lot 397, Plan 1375 Appearances: In Support: G. Jeffrey Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing deck/gazebo having a northerly side yard of Om rather than the required 1.2m (3.94`); and legalization of a rear addition having a rear yard set back of 5m (16.4`) rather than the required 7.5m (24.61 `). The Committee considered the report of the Planning Division, dated April 28, 2011, advising that the subject property is located at 297 Country Hill Drive, which is located west of Home Watson Boulevard and is developed with a single detached dwelling. The property has a lot width of approximately 15.2 metres along Country Hill Drive and an area of approximately 510 square metres. The subject lands are designated Low Rise Residential in the Official Plan and are zoned Residential Three (R-3) in the Zoning By- law. Relief is being sought from Section 37.2.1 of the Zoning By-law 85-1 requesting a minor variance to reduce the minimum rear-yard setback from 7.5 metres to 5 metres to allow COMMITTEE OF ADJUSTMENT 147 MAY 17, 2011 2. Submission No. A 2011-032 (Cont'd) for an existing addition. Relief is also being sought from Section 37.2.1 of the Zoning By-law requesting a minor variance to reduce the minimum side-yard setback from 1.2 metres to 0 metres to permit an existing side-yard deck and roof structure. 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 existing rear-yard addition and side-yard deck and roof structure, while maintaining the low density character of the property. The variances meet 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. The purpose of a 1.2 metre side-yard is to provide adequate separation from neighbouring properties and to allow the property owner to have access to their rear yard via the side-yard. It is staff's opinion that arear-yard setback of 5.0 metres would continue to allow outdoor amenity space to be provided while minimizing the impact on neighbouring properties. Staff has considered aside-yard setback of 0 metres and determined that although the side-yard is covered with a deck and roof structure, there is still adequate space to access the rear-yard using the existing deck. Staff also notes that the property owner has the option of using the alternate side-yard for rear-yard access. The existing 0 metre side-yard has minimal impact on surrounding property owners. The variance is considered minor as there is adequate separation from the proposed addition and side-yard deck and roof structure to abutting residential properties. As such the variances will likely have minimal impact to adjacent lands. The variances are appropriate for the development and use of the land as the proposed configuration of the addition, deck and roof structure on the lot would be consistent with the established development within this neighbourhood. No adverse impacts as a result of the variances are anticipated. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 4, 2011, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Gary Jeffrey requesting legalization of an existing deck/gazebo having a northerly side yard of Om rather than the required 1.2m (3.94`); and legalization of a rear addition having a rear yard set back of 5m (16.4`) rather than the required 7.5m (24.61`), on Lot 397, Plan 1375, 297 Country Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division for the rear-yard addition, deck and roof structure. 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 148 MAY 17, 2011 3. Submission No.: A 2011-033 Applicant: Christian Horizons Property Location: 103 Iron Gate Street Legal Description: Lot 10, Registered Plan 58M-430 Appearances: In Support: A. Cardinal-Mitton T. Robbins Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for the parking space in the existing driveway to be located 0.27m (0.89`) from the lot line along Iron Gate Street rather than the required 6m (19.69'); and permission for a group home to have the distance separation from a city limit of 78m (255.91`) rather than the required 100m (328.08`). The Committee considered the report of the Planning Division, dated May 9, 2011, advising that the subject lands are zoned Residential Four (R-4) in the By-law 85-1 and are designated Low Rise Residential in the Official Plan. The applicant is requesting permission for a parking space to be located 0.27 metres from the lot line along Iron Gate Street rather than the required 6 metres; and permission for a residential care facility (group home) to have a distance separation from a city limit of 78 metres (255.91 ft) rather than the required 100 m (328.08 ft). The subject property is located at 103 Iron Gate Street. The property has 9.8 metres of frontage along Iron Gate Street, a depth of 31.9 metres, and an area of 311.2 metres square. It is developed with a single detached dwelling. The applicant has proposed to create a driveway widening that meets the parking requirements of the Zoning By-law for a single family dwelling. However for group home two parking spaces are required, both of which must be 6 m from the front lot line. The applicant is requesting permission to allow a 0.27 metre setback for one of the parking spaces. 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 encourages different forms of housing, as well as compatible non- residential uses including social service establishments such as a group home. A group home is a compatible use as it is located within a residential building and will not have an impact on surrounding homes. The house was developed with the rest of the subdivision and conforms to the character of the neighbourhood. The variance meets the intent of the Zoning By-law. The intent of parking requirement for two parking spaces for a group home, both spaces to be setback 6 m from the front lot line, is to ensure an adequate parking for staff of the group home. Generally the residents of group homes do not drive or have motor vehicles. The parking setback requirement ensures an aesthetically pleasing streetscape when more than one car is generally parked at the property. The applicant has advised that a maximum of two staff will be in attendance at any one time and therefore the proposed parking variance meets the needs of the occupants. The parking variance may be considered minor. The intent of separation distance from a city limit is to ensure that adequate separation is provided between group homes and that a cluster does not develop in the same area. Staff is not aware that a cluster of group homes exists on either side of the municipal boundary. The City of Waterloo has the same minimum distance separation for group COMMITTEE OF ADJUSTMENT 149 MAY 17, 2011 3. Submission No. A 2011-033 (Cont'd) homes from the municipal boundary, which ensures a 173 metre distance from the proposed group home to any future group homes in Waterloo. Staff is of the opinion that this is an adequate distance and ensures that there will be no clustering. In staff's opinion, the variance may be considered minor. As noted above, the parking configuration is permitted for single family dwellings, but the variance is required for the specific use as a group home. There will be provided adequate parking for the staff of the group home. The proposed parking configuration is similar in nature to the parking already existing on surrounding lots within the neighbourhood. Therefore staff is of the opinion that the variance is appropriate for the development and use of the land and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 4, 2011, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Christian Horizons requesting permission for the parking space in the existing driveway to be located 0.27m (0.89`) from the lot line along Iron Gate Street rather than the required 6m (19.69'); and permission for a group home to have the distance separation from a city limit of 78m (255.91`) rather than the required 100m (328.08`), on Lot 10, Registered Plan 58M-430, 103 Iron Gate Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: The applicant shall obtain a Certificate of Occupancy from the City's Planning Division. 2. The applicant shall submit a registration form and the required fee for a new group home, as required by the Municipal Code, to the Planning 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 CONSENT Submission Nos.: B 2011-030 Applicant: 2067298 Ontario Ltd. Property Location: 49 Woolwich Street Legal Description: Part Lot 59, German Company Tract, being Part 1, Reference Plan 58R-16543 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to sever a COMMITTEE OF ADJUSTMENT 150 MAY 17, 2011 Submission Nos. B 2011-030 (Cont'd parcel of land having an irregular shape and having an area of 2679 sq. m. (28,836.52sq. ft.), to be conveyed as a lot addition to 54 Bridge Street West. The retained land will have a width on Woolwich Street of 24.385m (80') by a depth of 33.6m (110.24') and an area of 819 sq. m. (8815.64 sq. ft.). The existing use of both the severed and retained lands will continue to be residential. The Committee considered the report of the Planning Division, dated May 6, 2011, advising that the arrow-shaped property is located on the west side of Woolwich Street between Bridge Street and Hillcrest Lane in the Bridgeport North community as shown above. It encompasses an area of 3498 square metres with 24.3 metres of frontage onto Woolwich Street. The subject property is currently developed with a single detached home and rear shed of heritage interest. Surrounding land uses are institutional (church) to the south, residential (townhouses and a single detached dwelling) to the east and west and vacant R-8 zoned lands to the north. The applicant is requesting to convey a 2679 square metre parcel of land and convey it as a lot addition to the adjacent property located at 54 Bridge Street West. An 819 square metre parcel will be retained upon which the single detached dwelling will be situated. The garage located to the rear of the dwelling is proposed to be demolished. The subject property is designated Medium Density Residential in the City's Official Plan and zoned R-6 in the City's Zoning By-law. The designation and zoning permit single and semi detached and multiple dwellings. This consent application would facilitate the consolidation of lands for potential re-development of 54 Bridge Street West. Staff is supportive of the proposed lot addition as it promotes the efficient use of land in addition to creating a lotting fabric and streetscape along Woolwich Street that is uniform and low rise in nature. 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 the uses of both the severed and retained parcels are in conformity with the Provincial Policy Statement, City's Official Plan and Zoning By-law, the dimensions and shapes of the severed and retained lots 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 May 16, 2011, in which they advise that they have no objections to this application. In addition, as part of any future draft condominium on the receiving lands (54 Bridge Street West), a Traffic Noise Assessment will be required to access traffic noise on Bridge Street West (Regional Road No. 52) and if the Assessment recommends special building components or other forms of mitigation, retrofitting will be required, despite the building being possibly already constructed. Regional staff strongly encourage the Traffic Noise Assessment be complete as early in the planning process as possible. The Region also advises that as part of any future draft plan of condominium on the receiving lands (54 Bridge Street West), funds for sidewalk will be required. As the Regional Municipality of Waterloo currently has Bridge Street West from Woolwich Street to University Avenue scheduled for reconstruction in 2016, the developer will be required to provide funds for a concrete pedestrian sidewalk along the frontage of Bridge Street West. Mr. Patterson advised the Committee that he has concerns with some of the conditions and Mr. B. Bateman provided the committee with a change in wording for conditions 6 and 7 in the staff report. Mr. Patterson requested that the re-worded condition #6 be further amended, asking for the words "or an alternative resolution is found" to be added to the condition. COMMITTEE OF ADJUSTMENT 151 MAY 17, 2011 Submission Nos. B 2011-030 (Cont'd) Ms. L. Ross, Urban Designer, advised the committee that this property was before this Committee for a previous application, which required a Tree Management Plan. A Tree Management Plan was approved; however, trees were cut down. The City is looking for compensation for those trees. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 2067298 Ontario Ltd. requesting permission to sever a parcel of land having an irregular shape and having an area of 2679 sq. m. (28,836.52`) to be conveyed as a lot addition to 54 Bridge Street West, on Part Lot 59, German Company Tract, being Part 1, Reference Plan 58R-16543, 49 Woolwich Street, 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 remove the existing garage located on 49 Woolwich Street to the satisfaction of the City's Director of Planning. 4. 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. 5. That the owner's Solicitor shall provide 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. 6. That the owner shall prepare an assessment of the removed vegetation using ISA'a standard methods of valuation to be submitted to the Director of Planning for review and approval. Securities for the full amount of the approved valuation shall be submitted to the City of Kitchener in the form of either a Letter of Credit of a certified cheque to be held until such time as required compensation plantings equal to that valuation are installed on the properties known as 49 Woolwich Street and 54 Bridge Street West, or an alternative solution is found, to the satisfaction of the Director of Planning. 7. That the owner shall provide photographs of the smokehouse to the satisfaction of the Director of Planning. 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 152 MAY 17, 2011 Submission Nos. B 2011-030 (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 May 17, 2013. Carried 2. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B2011-031 to B2011-034 Cornwell Finnigan Ltd. 517 Glasgow Street Part Lot 23, Plan 793 K. Murphy D. Cornwell P. Finnigan W. Ott Written Submissions: None The Committee was advised that the applicant is requesting permission to create 4 new lots for residential use having a frontage on Inwood Drive. The retained lot proposes: RPtainPrl I and Lot width - 22.45m (73.65') Depth along Glasgow Street - 26.44m (86.75') Depth on the southerly side - 36.00 (118.11') Area - 842.76 sq. m. (9,071.39 sq. ft.) The existing house will be demolished. The 4 severed lots propose: B 2011-031 Lot width - 19.05m (62.5') Depth on the northerly side - 36.Om (118.11') Dept on the southerly side - 31.49 (103.31') Area - 624.33 sq. m. (6, 720.23 sq. ft. ) B 2011-032 Lot width - 19.05m (62.5') Depth on the northerly side - 31.49m (103.31') Depth on the southerly side - 26.98 (88.52') Area - 540.91 sq. m. (5,822.31 sq. ft.) B 2011-033 Lot width - 18.50m (60.7') Depth on the northerly side - 26.98m (88.52') Depth on the southerly side - 26.44 (86.75') Area - 487.11 sq. m. (5,243.21 sq. ft. ) COMMITTEE OF ADJUSTMENT 153 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl B 2011-034 Lot width - 21.85m (71.69') Depth on the northerly side - 26.44m (86.75') Depth along Inwood Crescent - 26.44 (86.75') Area - 582.38 sq. m. (6,268.69 sq. ft. ) The Committee considered the report of the Planning Division, dated May 11, 2011, advising that the subject property is designated as Low Rise Residential in the City's Official Plan (OP). The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. Low Rise Residential Districts accommodate a full range of housing types and favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The predominant land use in the Low Rise Residential District is residential, but it is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing. The OP supports the mixing and distribution of a full range of housing types both across the City as a whole and within neighbourhoods. The OP states that the City shall identify and promote opportunities for residential intensification and redevelopment as a cost-effective means to reduce infrastructure and servicing costs and to minimize land consumption. The City will encourage and provide opportunities for the creation of additional housing in existing developed areas, through conversion, infill, and redevelopment as an appropriate response to changing housing needs and to make better use of existing infrastructure and public service facilities. The Housing policies in the Official Plan outline criteria for infill development in existing neighbourhoods. The OP requires that any new buildings are appropriate in massing and scale and are compatible with the built form and character of the neighbourhood. New buildings must be sensitive to the exterior areas of adjacent properties and appropriate screening and/or buffering must be provided to mitigate any adverse impacts. The OP requires that the lands can function appropriately and not adversely impact adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The proposed severance meets the intent of the OP. The creation of a total of five lots on the subject property offers compatibility with the surrounding neighbourhood as outlined in the policies of the Low Rise Residential District and Housing policies in the City's Official Plan. The intensification of the property from one single detached to five single detached dwellings also meets the intensification targets in the City's Official Plan and Kitchener Growth Management Strategy. Through a recent zone change amendment, the property has been rezoned to Residential Three (R-3) with Special Provision 567R. The site-specific zoning permits single detached homes on lots with widths of 18.5 metres or greater. The property specific zoning allows for suitable lot sizes that will be able to accommodate appropriate landscaping, off-street parking, and private amenity areas. The front, side, side yard abutting a street, rear yard, and lot coverage regulations in the zoning regulations ensure a compatible built form that is appropriately set back from the existing dwellings on Inwood Drive and Glasgow Street. The proposed lot sizes exceed the minimum lot width and area required by the zoning and is consistent with the lotting plan that was previously presented to Kitchener City Council, Staff, and the public during the zone change process. The owner has submitted a Demolition Control Application to the Planning Division which is currently in circulation. The existing single detached dwelling was identified for potential demolition with Kitchener City Council, staff, and the public during the public procedure for the zone change application. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial COMMITTEE OF ADJUSTMENT 154 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl interest related to land use planning and development. The PPS sets out principles to achieve "healthy, liveable and safe communities". The PPS is supportive of efficient development patterns that optimize the use of land, resources, and public investment in infrastructure and public service facilities. Further, the PPS directs the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs and promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities. The plan also supports the use of alternative transportation modes and public transit in areas where it exists or is to be developed. Planning staff is of the opinion that the proposed severance will facilitate the intensification of the subject lands with residential dwellings that will make use of the existing infrastructure. There is currently a bus stop adjacent to the property on Inwood Drive which provides public transit service to the area. The development will enhance and further utilize existing public infrastructure. Planning staff is of the opinion that the proposed severance is consistent with the policies and intent of the PPS. The subject property is within the Built-up Area as defined in the Growth Plan for the Greater Golden Horseshoe. The Plan promotes the development of healthy, safe, and balanced communities. The Plan is also supportive of the intensification of existing residential neighbourhoods with new development, including non-residential. Planning staff is of the opinion that the requested severance complies with the Growth Plan as it allows for the intensification of the subject property with new residential dwellings. The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively and that the City achieves the required density and intensification targets, while accomplishing the desired built form and function which will enhance the quality of life in Kitchener. This Growth Management Plan is based on the principle that maximizing the use of existing infrastructure is preferred and that planning for and implementing intensification is also a high priority. Planning staff is of the opinion that the requested severance complies with the KGMS as it allows for the intensification of the subject property with new residential dwellings, better utilizes the existing infrastructure, allows for a built form that is compatible and complimentary to the existing neighbourhood, and will bring new residents into a stable community. Transportation Planning has no concerns with the proposed severance and note that a road widening is required such that the ultimate road width of Glasgow Street in this location is 26.0 metres. Engineering staff also note that the following plans, payments, and/or studies must be completed by the Owner prior to the issuance of any building permits; contribute payment in accordance with the City's Master Stormwater Management Policy, prepare a Storm Water Management Scheme, prepare a Grading and Drainage Control Plan, prepare a Site Servicing Plan and an Erosion and Sedimentation Control Plan must be submitted for review and approval, close any redundant driveways, remove of any redundant service connections, prepare a Geotechnical/Hydrogeological Investigation Report, and obtain a letter of permission from neighbouring property owner(s) if required. Park dedication is required for the new lots, based on 5% of the land use appraisal of Street Fronting Residential which is $9200 per metre street frontage, as follows; Lot 1 (retained lot), no parkland dedication required Lot 2 parkland dedication is $8763.00 (19.05 x $9200 x 5%) Lot 3 parkland dedication is $8763.00 (19.05 x $9200 x 5%) Lot 4 parkland dedication is $8510.00 (18.05 x $9200 x 5%) Lot 5 parkland dedication is $8533.00 (18.55 x $9200 x 5%) Total parkland dedication is $34,569.00 COMMITTEE OF ADJUSTMENT 155 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated May 11, 2011, in which they advise that the Zone Change Application ZC 10/07/G/GS approved by the Council of the City of Kitchener through By-law 2011-073 amended the zoning on a portion of the site from Residential Two Zone (R-2) and Residential Three (R-3) with Special Regulation 567R and another portion from Residential Three Zone (R-3) to Residential Three Zone (R-3) with Special Regulation Provision 567R. As part of Zone Change Application ZC 10/07/G/GS, the Region reviewed and approved a environmental noise study entitled "Noise Feasibility Study, For a Land Severance at 517 Glasgow Street, Kitchener, Ontario" dated April 26, 2010, prepared by HGC Engineering. The Report has determined the predicted noise levels for the residential unit (Retained Land, Lot 1) adjacent to Glasgow Street exceed the permitted noise levels. The report recommends the need for a noise warning clause and provision for future air conditioning. As a condition of approval, the owner/developer will be required to enter into a registered agreement with the City of Kitchener for this. For information purposes, there is a 300 mm diameter watermain on Glasgow Street that shall not be disturbed. Regional staff has no objection to these applications subject to conditions. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated May 6, 2011, advising that any approval of this application should include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of electrical servicing to this land, including granting any easements that they may require. Mr. Ott was in attendance in opposition of these applications, advising that the creation of 2 lots rather then 5 would be his preference. He noted his property is directly beside the subject property and he is concerned with potential drainage issues resulting from the grading, as well as any noise or dust as a result of the construction. Ms. Murphy provided some background information for the Committee, advising that the subject property was subject to a Zone Change application and as part of the Zone Change conditions; each lot was required to have a minimum 18m width. The Zone Change has since been approved by Council and these severance applications are just implementing the newly approved zoning. The Chair questioned the applicant about potentially installing a wooden fence in the rear yards of Lots 2 and 3, abutting 507 Glasgow Street, to help mitigate some of the construction concerns of the neighbour. Mr. Bateman questioned the applicant as to whether a builder had been retained to develop the properties. He stated that once a builder has been retained, if the Project Managers information could be provided to the neighbour it might help minimize the concerns. Mr. G. Stevenson, Planning Technician, suggested that the fences be board on board and that they be installed in the rear yard, prior to occupancy of the houses on these lots. Submission No. B 2011-031 Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Cornwell Finnigan Ltd. requesting permission to sever a parcel of land having a width on Inwood Drive of 19.05m (62.5'), a depth on the northerly side of 36m (118.11'), a depth on the southerly side of 31.49 (103.31') and an area of 624.33 sq. m. (6,720.33 sq. ft.), on Part Lot 23, Plan 793, 517 Glasgow Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 156 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-031 (Cont'd) 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 pay to the City of Kitchener acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. Make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. c. Make arrangements financial or otherwise 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 appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services COMMITTEE OF ADJUSTMENT 157 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-031 (Cont'd f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. i. Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a letter of undertaking, satisfactory to the City's Manager of Development Review, to install a fence in the rear yard of the land to be severed in this application, prior to occupancy of the building. 8. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 9. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: "Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 10. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 158 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-031 (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 May 17, 2013. Submission No. B 2011-032 Moved by Mr. A. Head Seconded by Mr. B. McColl Carried That the application of Cornwell Finnigan Ltd. requesting permission to sever a parcel of land having a width on Inwood Drive of 19.05m (62.5'), a depth on the northerly side of 31.49 m (103.31'), a depth on the southerly side of 26.98 m (88.52') and an area of 540.91 sq. m. (5,822.31 sq. ft.), on Part Lot 23, Plan 793, 517 Glasgow Street, 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 pay to the City of Kitchener acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. COMMITTEE OF ADJUSTMENT 159 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-032 (Cont'd) b. Make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. c. Make arrangements financial or otherwise 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 appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. i. Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a letter of undertaking, satisfactory to the City's Manager of Development Review, to install a fence in the rear yard of the land to be severed in this application, prior to occupancy of the building. 8. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 9. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: COMMITTEE OF ADJUSTMENT 160 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-032 (Cont'd) Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 10. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 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 May 17, 2013. Carried Submission No. B 2011-033 Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Cornwell Finnigan Ltd. requesting permission to sever a parcel of land having a width on Inwood Drive of 18.5m (60.7'), a depth on the northerly side of 26.98 m (88.52'), a depth on the southerly side of 26.44 m (86.75') and an area of 487.11 sq. m. (5,243.21 sq. ft.), on Part Lot 23, Plan 793, 517 Glasgow Street, 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 161 MAY 17, 2011 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. Make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. c. Make arrangements financial or otherwise 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 appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. COMMITTEE OF ADJUSTMENT 162 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-033 (Cont'd) Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 8. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: "Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 9. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 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 May 17, 2013. Carried Submission No. B 2011-034 Moved by Mr. A. Head Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 163 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-034 (Cont'd) That the application of Cornwell Finnigan Ltd. requesting permission to sever a parcel of land having a width on Inwood Drive of 21.85 m (71.69'), a depth on the northerly side of 26.44 m (86.75'), a depth on the southerly side of 26.44 m (86.75') and an area of 582.38 sq. m. (6,268.69 sq. ft.), on Part Lot 23, Plan 793, 517 Glasgow Street, 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 pay to the City of Kitchener acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. Make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. c. Make arrangements financial or otherwise 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 appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. COMMITTEE OF ADJUSTMENT 164 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-034 (Cont'd) e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. i. Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 8. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: c. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: "Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " d. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 9. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 165 MAY 17, 2011 2. Submission Nos. B2011-031 to B2011-034 (Cont'dl Submission No. B 2011-034 (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 May 17, 2013. Carried ADJOURNMENT On motion, the meeting adjourned at 10:32 a.m. Dated at the City of Kitchener this 17th day of May, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment