HomeMy WebLinkAboutAdjustment - 2003-09-30 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD SEPTEMBER $0, 2005
MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski.
OFFICIALS PRESENT: Mr. B. Sloan, Principle Planner, Ms. D. Ross, Senior Planner, Ms. B. Steiner,
Environmental Planner, and Ms. D. Gilchrist, Acting Secretary-Treasurer.
Mr. S. Kay, Chair, called this meeting to order at 9:30 a.m.
Moved by Mr. Mr. P. Britton
Seconded by Mr. D. Cybalski
That the minutes of the regular meeting of the Committee of Adjustment of September 9, 2003, as
mailed to the members, be accepted.
UNFINISHED BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicant:
Property Location:
Legal Description:
Carried
A 2003-024
1205457 Ontario Inc.
Carisbrook Drive
196 Woolwich Street, Parts 1 - 12, Reference Plan 58R-4721 and
Part 2 Reference Plan 58R-12341
Appearances:
In Support:
Mr. B. Green
Mr. C. Robson
Contra:
Shari Muscat, G.R.C.A.
Public Submissions: None
The Committee was advised that the applicant requests permission to construct a single family
dwelling on a parcel of land having a width of 49.99 m (164 ft.) on Carisbrook Drive rather than
the required 60 m (196.8 ft.), and a lot area of 5.629 ha (13.9 acres) rather than the permitted 1.2
ha (2.96 acres).
Given the request of the Development & Technical Services Department to defer consideration of
this matter to October 21, 2003, and as all parties were in attendance, the Committee directed
that all parties meet to resolve the outstanding issues prior to October 21,2003, and the hearing
on this matter will reconvene at 9:30 a.m. on Tuesday, October 21,2003.
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2003-053
Randy & Sheryl Knipping
70 Peach Blossom Crescent
Part Block 2, Registered Plan 58M-238, being Part 17, Reference Plan
58R-13651
- and -
COMMITTEE OF ADJUSTMENT 143 SEPTEMBER 30, 2003
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
A 2003-054
Imtiaz & Samina Sheikh
34 Peach Blossom Crescent
Part Block 1, Registered Plan 58MR-13651
In Support: D. Reeve
J. DeJonge
Contra: None
Public Submissions: None
The Committee was advised that in Submissions Nos. A 2003-053 and A 2003-054 the
applicants are requesting legalization of the size of the off-street parking space inside each
garage which measures 5.18 m (17 ft.) by 3.04 m (10 ft.) rather than the required 5.48 m (18 ft.)
by 3.04 m (10 ff.).
The Committee noted previous comments from the Development & Technical Services
Department, recommending refusal of these applications.
Messrs. Reeve & DeJonge advised that an error had been made during construction; however,
both property owners are satisfied with the existing situation and do not want the door between
the house and the garage closed off and the stairs removed.
Submission No. A 2003-053
Moved by Mr. Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Randy & Sheryl Knipping requesting legalization of the parking space
inside the garage measuring 5.18 m (17 ff.) by 3.04 m (10 ff.) rather than the required 5.48 m (18
ff.) by 3.04 m (10 ff.) on Part Block 2, Registered Plan 58M-238, being Part 17, Reference Plan
58R-13651,70 Peach Blossom Crescent, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
Submission No. A 2003-054
Moved by Mr. Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Imtiaz & Samina Sheikh requesting legalization of the parking space inside
the garage measuring 5.18 m (17 ft.) by 3.04 m (10 ff.) rather than the required 5.48 m (18 ff.) by
3.04 m (10 ff.) on Part Block 1, Registered Plan 58M-238, being Part 8, Reference Plan 58R-
13651,34 Peach Blossom Crescent, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
COMMITTEE OF ADJUSTMENT 144 SEPTEMBER 30, 2003
2. Submission No.: A 2003-054(Cont'd)
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
CONSENT
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-045
Marian Masiuk
298-312 Lawrence Avenue
Part Lots 75, 76 & 77, being Part 73, Reference Plan 786
Appearances:
In Support:
Mr. M. Masiuk
Mr. R. Snyder-Penner
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to sever a parcel of land
having a width of 20 m (65.6 ft.), by a depth of 75 m (246.06 ft.), and an area of 765 m2 (8,234.66
sq. ff.), to continue as a residence & repair garage.
The Committee noted the comments of the Development & Technical Services Department,
dated September 4, 2003, recommending conditional approval of the application.
The Committee considered the comments of the Region's Planning, Housing & Community
Services, dated September 3, 2003, advising they have no objection to this application.
Mr. Snyder-Penner addressed the Committee in opposition to staff's requested condition #2,
requiring the financing of a sidewalk across the severed and retained lands. He advised that the
existing uses will remain, being residential on the severed land and industrial on the retained
land, and there will be no increased demand for services. The retained land is to be developed,
and site plan approval is required, at which time sidewalks for the retained lands can be
negotiated. Mr. Snyder-Penner noted that there are no existing sidewalks on Lawrence Avenue.
To impose staff's requested condition on the severed land is unfair, as no other property owners
on the street are being required to pay for sidewalks. There is no indication in the staffcomments
as to where and when these sidewalks will be installed, or to cost; further, there are other
methods by which property owners can be required to pay for sidewalks when they become
necessary or desireable.
Moved by Mr. Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Marian Masiuk requesting permission to convey a parcel of land having a
width on Lawrence Avenue of 20 m (65.6 ft.), by a depth of 75 m (246.06 ft.), and an area of 765
m2 (8,234.66 sq. ff.) on Part Lot 73, and Lots 75 - 77, Municipal Compiled Plan 786, 298 & 312
Lawrence Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding municipal property taxes and/or local improvement charges.
2. That the owner shall remove the existing frame shed on the severed land.
That the owner shall relocate the existing parking space on the severed land to the
satisfaction of the City's Manager of Design & Development.
COMMITTEE OF ADJUSTMENT 145 SEPTEMBER 30, 2003
1. Submission No.: B 2003-045 (Cont'd)
4. That if determined by the City of Kitchener to be appropriate, the owner shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered
on title of the severed land only, whereby the owner agrees not to object to any future local
improvement that includes sidewalk installation.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being September 30, 2005.
Carried
This meeting recessed at 10:00 a.m. to allow the Committee to consider applications for variances to the
City's Sign By-law, and reconvened at 10:30 a.m.
NEW BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicant:
Property Location:
Legal Description:
A 2003-073
NCG Holdings Inc.
185 Glasgow Street
Part Lot 10, Registered Plan 402, being Part 2, Reference Plan 58R-
4475
Appearances:
In Support:
Mr. J. Ontonovich
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to construct an addition with
an easterly sideyard of 0.15 m (0.49 ft.) rather than the required 3 m (9.84 ft.).
The Committee considered the comments of the Development & Technical Services Department,
dated September 24, 2003, recommending consideration of this application be deferred to
October 21, 2003, to allow the applicant an opportunity to discuss the possibility of aquiring a
maintenance easement on the abutting property.
Mr. Ontonovich advised that the applicant is already investigating the possibility of a maintenance
easement in the abutting property. He requested that the application be approved, subject to the
maintenance easement.
Mr. Sloan was of the opinion that without the maintenance easement, the variance can not be
considered minor in nature, or within the intent of the zoning by-law, and recommended this
matter be deferred.
COMMITTEE OF ADJUSTMENT
1.
Submission No.: A 2003-073 (Cont'd)
146
SEPTEMBER 30, 2003
It was agreed by the Committee, that consideration of this application be deferred to allow the
applicant an opportunity to negotiate a maintenance easement with the abutting property owner.
Should the negotiations be successful, and should an Application for Consent be required, that
both applications come before this Committee at the same time.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
A 2003-074
Central Baptist Church
358 Ottawa Street South
Part of Lot 15, Registered Plan 384
Mr. R. Barth
Mr. A. Reichart
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to construct an addition onto
the front of the church to have a setback from Ottawa Street of 5.55 m (18.2 ff.) rather than the
required 6 m (19.69 ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated September 22, 2003, in support of this application.
Moved by Mr. Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of Central Baptist Church requesting permission to construct an addition onto
the front of the church to have a setback from Ottawa Street of 5.55 m (18.2 ff.) rather than the
required 6 m (19.69 ft.), on Part of Lot 15, Registered Plan 384, 358 Ottawa Street South,
Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
A 2003-075
Freedom in Christ
1643 Bleams Road
Part Lot 140, German Company Tract
Mr. M. Flemming
Pastor S. Walton
Carried
Contra: None
Public Submissions: None
COMMITTEE OF ADJUSTMENT
3.
147
SEPTEMBER 30, 2003
Submission No.: A 2003-075 (Cont'd)
The Committee was advised that the applicant requests permission to replace the existing front
porch on a legal non-conforming residential building.
The Committee noted the comments of the Region of Waterloo Transportation Planner, dated
September 26, 2003, advising that the applicant has an encroachment agreement with the
Region for the existing front porch. The Region is not willing to enter into a new encroachment
agreement for a larger front porch, but will amend the existing agreement for a new front porch in
exactly the same location and of the same dimensions as the existing. The comments also note
that the stairs to the new porch could be constructed on the west side of the porch, not
encroaching into the Bleams Road right-of-way.
The Committee noted the comments of the Development & Technical Services Department,
dated September 22, 2003, recommending that the application be amended by reducing the size
of the new 2 storey porch to 27 feet by 9 feet, and permission for the construction of a staircase
greater than 0.6 m in height with a 0 m setback from Bleams Road.
At the request of the applicant, and as recommended by staff, the Committee agreed to consider
an amended application.
Moved by Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of Freedom in Christ Church requesting permission to replace an existing
legal non-conforming front porch with a new 2 storey front porch measuring approximately 8.23 m
(27 ft.) by 2.74 m (9 ft.), and permission to construct stairs having a height greater than 0.6 m (2
ff.) on the west side of the new porch located 0 m from the lot line along Bleams Road, not
encroaching into the Bleams Road right-of-way, on Part Lot 140, German Company Tract, 1643
Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the applicant shall obtain an amendment to the existing encroachment agreement
with the Region of Waterloo for the demolition of the existing front porch and construction
of a new front porch in exactly the same location and to the same dimensions as the
existing porch.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
CONSENT
1. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
B 2003-046
Claude E. Dubrick Investments Limited
114-116 Cambridge Avenue
Lot 15 and Part Lots 13 & 14, Registered Plan 927
Mr. C. Dubrick
None
Public Submissions: None
COMMITTEE OF ADJUSTMENT
1.
148 SEPTEMBER 30, 2003
Submission No.: B 2003-046 (Cont'd)
The Committee was advised that the applicant is requesting permission to divide 2 semi-
detached dwellings with the severed land to have a width of 10.162 m (33.34 fi), a depth of 27.62
m (90.62 ft.), and an area of 280.7 m2 (3,021.53 sq. ft.).
The Committee noted the comments of the Region's Planning Housing and Community Services,
dated September 24, 2003, advising they have no objections to this application.
The Committee considered the comments of the Development & Technical Services Department,
dated September 23, 2003, recommending the application be amended to include a service
easement over the retained land in favour of the severed land, and that the amended application
be given conditional approval.
Mr. Dubrick requested permission to amend the application in accordance with the staff
recommendation.
Moved by Mr. Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Claude E. Dubrick Investments Limited requesting permission to convey a
parcel of land having a width on Cambridge Avenue of 10.162 m (33.34 ft.), by a depth of 27.62
m (90.62 ff.), and having an area of 280.7 m2 (3,021.53 sq. ft.), together with a service easement
over the retained land, on Parts of Lots 13, 14 & 15, Registered Plan 927, 114 & 116 Cambridge
Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding municipal property taxes and/or local improvement charges.
2. That the owner shall receive approval of a draft reference plan showing the required
service easement from the City's Manager of Design & Development.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being September 30, 2005.
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-047
Edward (Ted) Simmons
1218 & 1222 Doon Village Road
Carried
Part of Lot 3, Biehn's Tract, Registered Plan 987083, being Part 1,
Reference Plan K1-579-28
Appearances:
In Support:
Contra:
Mr. E. Simmons
None
COMMITTEE OF ADJUSTMENT 149 SEPTEMBER 30, 2003
Submission No.: B 2003-047 (Cont'd)
Public Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
for residential use, having a width of 85.31 m (279.89 ft.) on Doon Village Road, a depth of 72.85
m (239.01 ff.), and an area of 6,171.47 m2 (66,431.32 sq. ft.).
Based on the comments of the Development & Technical Service Department and Grand River
Conservation Authority, Mr. Simmons requested consideration of this application be deferred and
referred to the Committee of Adjustment meeting scheduled for October 21, 2003, and the
Committee agreed with the request.
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-048 & B 2003-049
6058213 Canada Inc.
94 North Hill Place
Part Lot 54, German Company Tract, being Parts 5 & 6, Reference
Plan 58R-4686
Appearances:
In Support: D. Freure
Contra: G. Leeman
Public Submissions:
Chicopee
The Committee was advised that the applicant is requesting permission to sever 2 residential lots,
the first to have a width of 15.5 m (50 ft.), a depth of 77.4 m (250 ft.), and an area of 0.31 acres;
the second to have a width of 20.1 m (65 ff.), a depth of 77.4 m (250 ft.) and an area of 0.36
acres.
The Committee noted the written submission of Chicopee advising of its concerns with respect to
these applications, suggesting that any further residential use be made aware of this property's
proximity to one of the largest recreational areas in the community. Further, this recreational use
is intended to be expanded.
The Committee noted the comments of the Region's Planning Housing & Community Services
advising they have no objections to these applications.
The Committee noted the comments of the Development and Technical Services Department,
dated September 25, 2003, recommending these applications be refused. In their comments,
staff advised that By-law 85-1 states that "no lot shall have built upon it a building for any purpose
in any zone unless the lot abutts a street." A street is defined in the by-law as "a public highway
or road allowance having a minimum width of 12.19 m." They advised that North Hill Place has a
width less that 12.19 m. In addition to not meeting the requirements of the Zoning By-law
regarding frontage on a public highway, the City's Emergency Access Policy must be considered,
and the City's Transportation Planner and Fire Department staff advised that one or more of the
proposed lots will not meet the Emergency Access Policy. Staff in their comments state that
"even if the applicant were able to dedicate the required widening immediately adjacent to the
subject property, the deficient width of the remainder of North Hill Place, the adequacy of North
Hill Place as an appropriate linking highway, and the issue of emergency access, and the need to
provide some sort of turn around or cul-de-sac bulb have not been adequately addressed to
satisfy Section 51 (24) of the Planning Act."
Mr. Freure spoke in opposition to the comments of the Development & Technical Services
Department, advising that a great deal of discussion took place between City staff and the
property owner prior to them purchasing this property. He stated that the owners received
correspondence from the City's Engineering staff wherein they advised that they would not
oppose the severance of 2-4 lots from this property. The owners considered condominium
development, but that approach does not work. He noted that a connection between North Hill
COMMITTEE OF ADJUSTMENT 150 SEPTEMBER 30, 2003
Submission No.: B 2003-048 & B 2003-049 (Cont'd)
Place and Chicopee Terrace was previously contemplated. Mr. Freure stated that the City is
trying to impose road improvement costs on one property owner. He pointed out that sewer,
water and street lighting currently exists, and the City maintains the road. Mr. Freure requested
that the Committee approve the severance of the retained land unconditionally, and the two
severed parcels receive conditional approval, subject to meeting the requirements of the Zoning
By-law.
Mr. Leeman addressed the Committee in opposition to these applications noting that there is a
traffic problem on North Hill Place, due to the narrowness of the road, and he is opposed to
anything that will increase traffic as long as the road maintains its current width. He noted that in
front of 104 North Hill Place the road is only 6.6 m wide. He also noted that during the winter it
can take up to a week before the street is ploughed; consequently, garbage is not collected.
The Committee questioned the possibility of connecting North Hill Place to Chicopee Terrace and
was advised by staff that there is a substantial grade differential between the two roads. The
City's Engineers advised the roads could be physically connected; however, it will be costly. The
Committee questioned whether combining the width of North Hill Place and Chicopee Terrace
would give adequate width on a public road for one new lot. Mr. Sloan responded that the intent
of the Zoning By-law is to ensure adequate existing width on a public road to allow for access,
including emergency access, and this access does not exist.
The Committee questioned whether there is a history of two lots on this property, and was
advised by Mr. Freure that two lots existed and merged in the 1950's. When questioned by the
Committee, Mr. Freure responded that one new lot would be an acceptable solution.
The Committee agreed to defer and refer consideration of these applications to its meeting
scheduled for October 21, 2003, and requested staff to consider the merits of one new lot,
including any conditions to be imposed should one new lot be approved. He also requested that
staff provide any information available on discussions and or correspondence between City staff
and the property owner prior to them purchasing this property.
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-050
1221088 Ontario Limited
4278 King Street East
Part Lot 9, Beasley's Broken Front Concession, being Parts 1,2, 3, 4,
5, 6 & 7, Reference Plan 58R-11831 and 58R-5792
Appearances:
In Support:
Mr. S. Kosky
Mr. A. Conrad
Contra: None
Public Submissions: None
The Committee was advised that the applicant is requesting permission to convey, lease,
mortgage and a partial discharge of mortgage, a lot having width of 21.366 m (70 ft.) on King
Street East, having an irregular shape, and having an area of 14,142 sq. m (152,228 sq. ft.),
together with a service easement over the retained land. An office building is proposed for the
severed land.
The Committee noted the comments of the Ministry of Transportation, dated September 23, 2003,
advising that entrance, building / land use and sign permits from the Ministry are required before
any grading or construction commences on the property.
The Committee considered the comments of the Region's Planning, Housing & Community
Services, dated September 24, 2003, advising they have no objections to this applcation.
COMMITTEE OF ADJUSTMENT
4.
151 SEPTEMBER 30, 2003
Submission No.: B 2003-050 (Cont'd)
The Committee noted the comments of the Development & Technical Services Department,
dated September 22, 2003, recommending conditional approval be given to this application.
Mr. Kosky addressed the Committee advising that a conveyance and an easement are all that is
required through this application, and he amended the application accordingly.
Moved by Mr. Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of 1221088 Ontario Limited requesting permission to convey a parcel of land
having width of 21.366 m (70 ff.) on King Street East, having an irregular shape, and having an
area of 14,142 sq. m (152,228 sq. ff.), together with a service easement over the retained lands,
on Part Lot 9, Beasley's Broken Front Concession, being Part 1, Reference Plan 58R-11831,
Parts 2, 4, 5, 6 & 7, Reference Plan 58R-5752, and Parts 1, 2 & 3, Reference Plan 58R-5792,
4278 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding municipal property taxes and/or local improvement charges.
2. That a joint maintenance agreement, to be approved by the City Solicitor, shall be
registered against the title of both the severed and retained lands, to ensure that the
easement for servicing in favour of the severed lands over the retained lands is maintained
in perpetuity.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being September 30, 2005.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 12:35 p.m.
Dated at the City of Kitchener this 30th day of September, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment