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HomeMy WebLinkAboutAdjustment - 2012-03-20COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 20, 2012 MEMBERS PRESENT: Messrs. D. Cybalski, B.McColl and A. Lise OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Mr. D. Seller, Traffic & Parking Analyst, Ms. D. Saunderson, Secretary -Treasurer and Ms. H. Dyson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 9:43 a.m. MINUTES Moved by Mr. A. Lise Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of February 21, 2012, as mailed to the members, be accepted. Carried ]JON aIN;9011:11 ll�y1►1:W 81101/50 W/AVFA►CNd 1. Submission No.: A 2012-012 Applicant: Filan Inc. Property Location: 37 Bruce Street Legal Description: Part Lot 6, Plan 764 Appearances: In Support: A. Pauser Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a second storey addition to accommodate conversion of the existing building into office space, to have a southerly side yard of 1.68m (55) rather than the required 6m (19.69'); permission to provide 9 off-street parking spaces rather than the required 14; and, permission to have a commercial use without a designated loading zone as prescribed by the By-law. The Committee considered the report of the Planning Division, dated March 8, 2012 advising that the subject application was deferred at the Committee of Adjustment meeting of February 21, 2012 due to the absence of the applicant. The following report provides an update to the report prepared for the previous meeting which reflects new information provided to staff at a meeting with Planning and Transportation Services staff and new Transportation Services comments. The subject property is located on the west side of Bruce Street, immediately north of the Highway 7/8 on ramp. The property currently contains a one -storey commercial building with a gross floor area of 192.7 square metres. The application states that the present use of the property is an adult entertainment establishment and driving school. COMMITTEE OF ADJUSTMENT 81 MARCH 20, 2012 YII.Ti m -Me , ►[.>���ZiSfr�i7�frlNZ.7iiiC The property to the north and the property on the opposite side of Bruce Street each contain a commercial plaza. Low density residential land uses occupy much of the land to the south of the Highway 7/8 ramps, on both sides of Bruce Street. The property is designated Arterial Commercial Corridor in the Official Plan and is zoned Arterial Commercial Zone (C-6), with Special Use Provision 3U. The owner is proposing to add a second storey to the existing building, thereby doubling the gross floor area of the building. In addition, he is proposing to convert the whole of the building to office use. A number of minor variances were identified at a site plan pre -submission application meeting held on January 12, 2012. In this regard, in order to facilitate the addition, the owner is requesting approval of three minor variances: 1. Requesting that no loading spaces be required for a building in a Commercial Zone with between 0 and 2,320.0 square metres of gross floor area, whereas the Zoning By-law requires 1 loading space; 2. Requesting a minimum side yard abutting a street of 1.68 metres, whereas the Zoning By-law requires a minimum side yard abutting a street of 6.0 metres; 3. Requesting that 9 parking spaces be provided for 385.4 sq.m. of office use, whereas the Zoning By-law requires a minimum of 14 parking spaces (office use requires 1 space for each 28.0 sq. m. of GFA; therefore, 385.4 / 28.0 = 13.8). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Variances 1 and 3 do not meet the intent of the City's Official Plan for the following reasons. Part 2, Section 8.5 of the City's Official Plan states that it is an objective of the City "To ensure adequate parking standards are in place and enforced." This objective is implemented through the parking and loading provisions of the Zoning By-law. Transportation Planning Division has stated that the proposed parking and loading spaces for the office use are not adequate considering the parking and loading demand. Variance 2 does meet the intent of the Official Plan and Zoning By-law. The intent of the minimum side yard abutting a street is to ensure adequate setback for privacy reasons and for safety respecting transportation matters. In this case, the property is located beside a Highway 7/8 on ramp and is separated by a wide (approximately 5 metres) untraveled portion of the highway right-of-way as well as by vegetation and chain-link fencing. Variances 1 and 3 do not meet the intent of the Zoning By-law for the following reasons. The intent of the parking and loading space requirements is to ensure that the parking generated by a use is contained fully on the site containing that use. Parking and loading regulations prevent visitors and delivery persons from parking in parking areas of adjacent properties or on the public right-of-way. The parking and loading standards outlined in the Zoning By-law are accurate and established standards for the proposed use. Staff is concerned that if these variances are authorized, parking and loading may overflow onto other properties. Variances 1 and 3 are not minor as they may cause unacceptably adverse impact on adjacent properties. As stated above, staff is concerned that if these variances are authorized, parking and loading may overflow onto other properties or may occur on- site but in a manner that that is inefficient and dangerous to parking area users or pedestrians and motorists on Bruce Street. Variance 2 is minor as staff does not foresee any adverse impact on adjacent properties. COMMITTEE OF ADJUSTMENT 82 MARCH 20, 2012 YII.Ti m -Me , ►[.>���ZiSfr�i7�frlNZ.7iiiC While Variances 1, 2, and 3 would allow intensification of the site for office use (which is a permitted use under the zoning), they would facilitate a degree of intensification is not desirable, given the potential impact on adjacent properties and public roads. As such, staff is of the opinion that the variances are not desirable for the appropriate development of the land. While Transportation Services staff has advised that they could support the parking reduction variance on the condition that the owner enter into a registered three -party, off-site parking agreement in accordance with Section 6.1.1.1a)ii) and iii) of the Zoning By-law in order to provide the required parking, the loading deficiency remains unresolved. It should be noted that each minor variance request must meet all four tests as outlined in Section 45(1). If, in the opinion of the Committee, one variance fails to meet one of the four tests, the application is to be refused. Staff is of the opinion that the while Variance 2 meets all four tests, Variances 1 and 3 fail a number of tests. Based on the foregoing, it is the recommendation of staff that the application be refused. It must also be noted that at the site plan pre -submission application meeting of January 12, 2012, Transportation Planning Division staff advised the owner that the proposed parking reduction variance could not be supported by staff due to the severity / impact of such a variance. If the Committee decides to approve the application apart from staffs recommendation, the City's Development Technician has commented that an Occupancy Certificate should be required prior to occupancy of the proposed addition/conversion of the building to office use. In addition, approval of a site plan application and building permit would be required. The proposed variances do conform to the Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 10, 2012, advising that they have no concerns with this application. The Committee considered the report of the Ministry of Transportation, dated February 13, 2012 advising that the ministry has no objection to the granting of this application. A building permit is not required from the Ministry if the foot print of the existing building is not being altered. Any alteration of the existing building footprint will require a permit. If a sign is being proposed on the site a sign permit will be required from the Ministry. Mr. A. Pauser advised that the applicant is still trying to resolve the issues regarding the requirement for a loading zone with Transportation Planning and is proposing that the Committee defer the application to allow more time to find a suitable solution. He stated that the applicant is hoping to use the redevelopment of this property to eliminate the current tenant, but staff and the owner have yet to reach a suitable off-street parking arrangement. Mr. McColl questioned staff on the requirement of the loading zone and whether it was critical to the use of the property. Ms. J. von Westherholt advised that the requirement of the loading zone is a condition of use, without knowing the future use of the property staff are not in a position to support a variance for the reduction of the loading zone. In response to questions, Mr. Pauser requested a deferral to the Committee of Adjustment meeting scheduled for May 15, 2012. COMMITTEE OF ADJUSTMENT 83 MARCH 20, 2012 1090Ti m -Me , ►[.>���ZiSfr�i7�frlNZ.7iiiCl Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Filan Inc., requesting permission to construct a second storey addition to accommodate conversion of the existing building into office space, to have a southerly side yard of 1.68m (55) rather than the required 6m (19.69'); permission to provide 9 off-street parking spaces rather than the required 14; and, permission to have a commercial use without a designated loading zone as prescribed by the By-law, on Part Lot 6, Plan 764, 37 Bruce Street, Kitchener, Ontario, BE DEFFERED, to the Committee of Adjustment meeting scheduled for May 15, 2012. This meeting recessed at 9:53 a.m. and reconvened at 10:00 a.m. with the following members present: Ms. J. Meader and Messrs. D. Cybalski, B. McColl and A. Lise. NEW BUSINESS MINOR VARIANCE Submission No.: A 2012-023 Applicant: Kitchener Housing Property Location: 31-43 David Street / 25 Joseph Street Legal Description: Part Lots 1 to 4, Plan 154, & Part Lot 144, Subdivision of Lot 17, German Company Tract, being Part 1, Reference Plan 58R-7510 Mr. D. Cybalski and Mr. B. McColl declared a pecuniary interest with this application, as they are members of the Board of Directors for Kitchener Housing Inc. and did not participate in any discussion or voting with respect to this application. Mr. A. Lise chaired the meeting during consideration of this application, which was considered by the remaining two members. Appearances: In Support: J. Anghel P. Simmons Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct an additional four storey multi -residential building on site with an additional 21 dwelling units, to provide 0 off-street parking spaces whereas the By-law requires an additional 7 off-street parking spaces due to the increased development. The subject property currently has a variance approval through application A 2010-018 to provide 84 off- street parking spaces for a multi -residential complex containing 118 dwelling units rather than the required 108 off-street parking spaces. The Committee considered the report of the Planning Division, dated March 8, 2012, advising that the subject property is municipally addressed as 25 Joseph Street (also known as 31, 35, 39, & 43 David Street) and legally described as Plan 154 Pt Lots 1 To 4 GCT Sub Of Lot 17 Pt Lot 144 RP58R7510 Part 1. The property is owned by Kitchener Housing Inc. and is currently comprised of 118 residential units in 3 buildings, including the former Victoria School building, an apartment building (addition to the school building), as well as the three storey building built in 2010. A minor variance (No.19/91) was previously approved in 1991 to allow for 84 off-street parking spaces where 100 spaces were required and to allow for a building with a side yard setback abutting a street of 5.4 metres whereas 10.7 metres was required. COMMITTEE OF ADJUSTMENT 84 MARCH 20, 2012 W 07 I'll W Me, a row -0081 PX810014 Me, re A second minor variance (A2010-018) was previously approved in 2010 to allow relief from Section 6.1.2 of the Zoning By-law to permit a multiple residential development with 84 off-street parking spaces whereas 108 are required, and requesting relief from Section 42.2.6 of the Zoning By-law to permit a multiple dwelling with a side yard abutting a street of 1.6 metres whereas 4.5 metres is required. The second variance was required as part of a redevelopment project in 2010 which included the demolition of four 4 -unit buildings and the construction of a three-storey, eighteen unit apartment building. The current development proposal is comprised of a three storey, 21 residential dwelling unit addition to the existing building that was constructed in 2010. The proposed addition includes 18 dwelling units that have a floor area of less than 51.0 square metres and three residential units that are greater than 51.0 square metres in floor area. Planning Comments: The subject property is designated as Medium Density Multiple Residential in the Victoria Park Secondary Plan and zoned Residential Eight (R-8) in the Zoning By-law. The Victoria School property is designated under Part IV of the Ontario Heritage Act. Though the heritage attributes in the designation apply to the historic school building, the land on which the David Street units are built are also contained within the legal description affected by the Part IV designating by-law. In addition, the subject property is located immediately adjacent the Victoria Park Heritage Conservation District which is designated under Part V of the Ontario Heritage Act. The owner is requesting relief from Section 6.1.2 of the Zoning By-law to permit a multiple residential development with 21 dwelling units, with 0 additional off-street parking spaces whereas 7 additional parking spaces are required. Requested Parking Relief: 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 Victoria Park Secondary Plan because the Official Plan generally support walkable communities that have access to transit and community amenities such as public amenity areas like Victoria Park, as well as a variety of neighbourhood commercial sites. There is a wide range of commercial retail sites as well as employment opportunities within walking distance of the property. The location of the property is desirable to residents that do not own a personal vehicle due to a restrictive reason or by choice. The variance meets the intent of the Zoning By-law because the existing underground parking garage and surface parking lot provide an excess of off-street parking for the current residents. The intent of the residential parking regulations in By-law 85-1 is to ensure that each unit occupant has access to a parking space. The owner has provided a current parking plan for the property which shows the current usage of the underground and surface parking lot. Currently, the residents are only utilizing 67% of the 84 off-street parking spots. There are currently 28 empty parking spots. Based on the current rates as well as the projected usage when the proposed building is constructed, there will still be excess of off-street parking. The variance is minor because sufficient off-street parking is already provided on site and the existing parking is not being fully utilized. The owner assigns parking to residents through a lease agreement and the assignment of parking spaces can be easily managed to meet demand. The variance is appropriate for the development because the total required off-street COMMITTEE OF ADJUSTMENT 85 MARCH 20, 2012 Y11.TilWMe , arow-00i1PXi10014Ze , re parking spaces required for the current and future residents is currently being provided on site. By reducing parking spaces that are not required by the residents, there will be adequate space for landscaping and shared amenity space for the residents. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. Staff reviewed the application and the applicant noted that he was in support of staffs recommendation. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of Kitchener Housing, requesting permission to construct a four storey multi -residential building on site with an additional 21 dwelling units, to provide 0 off-street parking spaces whereas the By-law requires an additional 7 off-street parking spaces, on Part Lots 1 to 4, Plan 154, & Part Lot 144, Subdivision of Lot 17, German Company Tract, being Part 1, Reference Plan 58R-7510, 31-43 David Street / 25 Joseph Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Carried This meeting recessed at 10:06 a.m. and reconvened at 10:15 a.m. with the following members present: Messrs. D. Cybalski, B.McColl and A. Lise. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2012-016 Applicant: Maria Uribarri and Robert Newman Property Location: 272 Laurentian Drive Legal Description: Lot 205, Plan 1368 Appearances: In Support: R. Newman M. Uribarri Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to locate the required off-street parking space 2.7m (8.85') from the street line, whereas the By-law requires off-street parking spaces to be setback 6m (19.69') from the street line. The Committee considered the report of the Planning Division, dated March 8, 20127 advising that the subject property is zoned Residential Three Zone (R-3) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The site contains an existing singled detached dwelling. COMMITTEE OF ADJUSTMENT 86 MARCH 20, 2012 YII.Ti m -Me , ►[.1���ZiSfr�i7�[:1<NZ.7iiiC The applicant is proposing to convert the attached garage into living area. As a result, the legal parking space for the single detached dwelling will have to be relocated onto the driveway. The applicant is requesting relief from Section 6.1.1.1 b i) to allow an off- street parking space located on a driveway, to be 2.7 metres setback from the street line rather than the required 6 metre setback. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding the requested minor variance: The requested reduced minimum parking space setback variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for modest alterations. The proposed variance will be compatible with the Low Rise Residential development of the area and will legalize the location of the required parking space on the driveway as well as maintain the low density character of the property and neighbourhood. The variance meets the intent of the Zoning By-law as the purpose of the required 6 metre setback from the street line is to allow residents the ability to view oncoming traffic along the fronting road while egressing the on-site parking space. Transportation staff indicated that the Driveway Visibility Triangle (DVT) is to be maintained between property number 272 and 276 along Laurentian Drive. Staff is of the opinion that the requested minor variance meets the intent of the Zoning By-law. The variance is considered minor because parking can still be accommodated on-site. The reduction in the setback from the street line will have minimal impact to adjacent lands and overall neighbourhood. The variance is appropriate for the development and use of the land as it is compatible with the surrounding low rise residential development. The requested minor variance is necessary as it will legalize the location of the required parking space on the driveway. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. Mr. McColl noted the comments from the City's Transportation Planning Division and questioned whether the evergreen tree located in the front yard of the subject property was located in the DVT. Mr. Lewis advised that the applicant will need to trim the bottom of the tree to ensure that there is no impediment to the DVT. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Maria Uribarri and Robert Newman, requesting permission to locate the required off-street parking space 2.7m (8.85') from the street line, whereas the By-law requires off-street parking spaces to be setback 6m (19.69') from the street line, on Lot 205, Plan 1368, 272 Laurentian Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 87 MARCH 20, 2012 2. Submission No.: A 2012-017 Applicant: All Ontario Financial Consultants Ltd. Property Location: 226-228 Frederick Street Legal Description: Lot 1, Block A, Plan 425 Appearances: In Support: D. Aston D. Madill T. Devlin Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for an existing office building with 331.86 sq.m. gross floor area to provide 4 off-street parking spaces rather than the required 12 spaces. An additional 5 off-street parking spaces can be provided through an off-street parking agreement with the abutting property owner at 3 Clarence Avenue. The Committee considered the report of the Planning Division, dated March 12, 2012, advising that the subject property is zoned Commercial -Residential One (CR -1) with Special Provisions 114R and 128U and is located on the north side of Frederick Street, and east of Lancaster Street. The Official Plan designation is Low Density Commercial Residential. The applicant is requesting a minor variance to permit an existing office building with 331.86 sq.m. of gross floor area to provide 4 off-street parking spaces rather than the required 12 spaces. An additional 5 spaces can be provided through an off-site parking agreement with the abutting property owner at 3 Clarence Avenue. The owner of the property has advised that the building has been used as office since he purchased the property in 1990. As well, documentation in the street file indicates that Planning staff was aware of the office use in the 1990's and they acknowledged that there existed some off-site parking at located at 3 Clarence Ave for the uses contained in the building at 226 Frederick St. At that time, the number of spaces that were on site was not accurately recorded, nor was an off-site parking agreement registered. In the early 1990's, the zoning of 3 Clarence Ave was Restricted Commercial Zone (C3) under By-law 4830 which permitted the commercial parking facilities. In 1994, the zoning changed to Residential Five (R-5) under the present By-law 85-1. Staff has consulted with the City's Legal division, and the parking use may be considered legal non -conforming. This variance would request a condition for an off-site parking agreement to ensure that parking is maintained for the use of 226-228 Frederick Street. The owner has advised that he lives in the house at 3 Clarence Avenue and it is used as a single family dwelling which requires one parking space and this can also be accommodated on the property at 3 Clarence Ave. 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 for the following reasons. The intent of the Low Density Commercial -Residential designation is to provide for residential and office uses which respect the role of the Downtown as the commercial centre of Kitchener; as well as traffic operations on Frederick Street and taking into consideration the adjacent low rise, low density residential areas. The designation encourages the conservation and continuance of the existing character and quality of the area that is in COMMITTEE OF ADJUSTMENT 88 MARCH 20, 2012 2. Submission No.: A 2012-017 (Cont'd) keeping with the community's present scale of development. The present office use of the building has existed since prior to the 1990 and this use will continue to maintain the character of the streetscape. The variance meets the intent of the Zoning By-law for the following reason. The intent of the parking requirement is to ensure that there are a sufficient number of parking spaces for all uses in a building in order that no overflow parking disrupts neighbouring streets or properties. The applicant is requesting a parking reduction from 12 to 4 spaces on the subject property but can, in fact, supply an additional 5 spaces on an adjoining lot. These results in a total of 9 parking spaces being provided for the three office units located at 226-228 Frederick Street. The office use has existed for over 20 years, with the parking that is available on site and at 3 Clarence Avenue, and there has been no concerns raised by neighbouring property owners. As well, the property is located close to the downtown and near multiple transit stops and the parking reduction from 12 to a total of 9 spaces that are available can be considered minor. The variance is minor for the following reason. As noted above, the property has been used as an office for approximately 22 years and the parking area has functionally adequately and without complaint or concern from the neighbouring properties. Traffic staff is in support with the requested variance. The variance is appropriate for the development and use of the land for the following reasons. There are many office buildings along this portion of Frederick Street that have been converted from previous uses as residences. The view from the streetscape is not affected by the parking and as noted earlier, there have been no concerns with the existing parking area in the rear yard. Based on the above staff are of the opinion that the proposed variance is suitable for the subject property and surrounding streetscape. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. Mr. D. Aston advised that he is in support of staffs recommendation, noting that the subject property has been in use for over 20 years and there has never been any concern with the current parking situation. He stated that owner has recently obtained a new tenant who subsequently needed an Occupancy Certificate. The application for Occupancy triggered a review of the property and its use. The Chair noted although the parking agreement will be registered on title, for additional clarity that the condition should include the requirement for the agreement to be registered "in perpetuity" on both properties. Mr. McColl questioned whether this site had a requirement for a loading zone, as it was required in a previous application that has some similarities to this application. Mr. Seller advised that a loading zone is not required in this instance. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of All Ontario Financial Consultants Ltd., requesting permission for an existing office building with 331.86 sq.m. gross floor area to provide 4 off-street parking spaces rather than the required 12 spaces, on Lot 1, Block A, Plan 425, 226- 228 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall enter into an off-site parking agreement registered on title, between the City and the property owners of 226-228 Frederick Street and 3 Clarence Avenue, in perpetuity, for 5 parking spaces at 3 Clarence Avenue to be used for the benefit of 226-226 Frederick Street. COMMITTEE OF ADJUSTMENT 89 MARCH 20, 2012 2. Submission No.: A 2012-017 (Cont'd) 2. That the owner shall demarcate the parking spaces as shown on the plan submitted with the application. 3. That Conditions 1 and 2 shall be satisfied by September 1, 2012. If not completed as required, this approval becomes null and void. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Carried 3. Submission No.: A 2012-018 Applicant: Kenmore Homes Property Location: 23 Eden Oak Trail Legal Description: Part of Block 1, Registered Plan 58M-370, Part 3, Reference Plan 58R-17149 Appearances: In Support: D. Aston P. Viidik T. Devlin Contra: None LUTRIM41112"RO, 11W . anT The Committee was advised that the applicant is requesting permission to construct a single family dwelling having a driveway located 8.03m (26.34') from the intersection of Eden Oak Trail and Stillwater Street rather than the required 9m (29.52'). The Committee considered the report of the Planning Division, dated March 5, 2012, advising that the subject property is zoned Residential Four (R-4) with Special Regulation 327R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The property is located at the north-west corner of Stillwater Street and Eden Oak Trail and will be developed with a single detached dwelling unit in the near future. The applicant is requesting permission to construct an access driveway off Eden Oak Trail at a distance of 8.03 metre to the intersection of the street lines abutting the corner lot, rather than the required 9.0 metres as per Section 6.1.1.1 b) iv) of the Zoning By-law 85. 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 recognizes the existing scale of residential development and allows for a variety of low density residential uses. The reduced distance of the access driveway to the intersecting streets will not impact the intensity or scale of the residential area. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is COMMITTEE OF ADJUSTMENT 90 MARCH 20, 2012 3. Submission No.: A 2012-018 (Cont'd) staff's opinion that the 0.97 metre reduction is minor and will not impact the property or access to the intersection. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 8.03 metres. The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staff's opinion that the proposed 8.03 metre allows for sufficient separation from the driveway to the intersecting street lines abutting the corner lot and as such will not impact access to the intersection for vehicular and pedestrian traffic. In addition, the 8.03 metre setback still allows for a 7.5 metre corner visibility triangle as required per the Zoning By-law. The variance is appropriate for the development and use of the land as it is staff's opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. The Committee considered the report of Kitchener -Wilmot Hydro, dated March 15, 2012, requesting that approval of this application be subject to the following condition: Driveways will be located so as to clear our submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Kenmore Homes, requesting permission to construct a single family dwelling having a driveway located 8.03m (26.34') from the intersection of Eden Oak Trail and Stillwater Street rather than the required 9m (29.52'), on Part of Block 1, Registered Plan 58M-370, Part 3, RP 58R-17149, 23 Eden Oak Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall ensure the driveway is located clear of any submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards, to the satisfaction of Kitchener Wilmot Hydro. 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 4. Submission No.: A 2012-019 Applicant: Kenmore Homes Property Location: 43 Eden Oak Trail Legal Description: Part of Block 4, Registered Plan 58M-370, Part 9, Reference Plan 58R-17149 Appearances: In Support: D. Aston P. Viidik T. Devlin COMMITTEE OF ADJUSTMENT 91 MARCH 20, 2012 4. Submission No.: A 2012-019 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single family dwelling on an irregular shaped lot with a driveway being located 6m (19.68') from the intersection of Eden Oak Trail and Spring Creek Street rather than the required 9m (29.52'). The Committee considered the report of the Planning Division, dated March 5, 2012, advising that the subject property is designated Low Rise Residential in the City's Municipal Plan and is zoned Residential Four (R-4) with Special Regulation 327R as per Zoning By-law 85-1. The property is located at the north-east corner of Spring Creek Street and Eden Oak Trail and will be developed as a single family dwelling. The applicant is requesting a minor variance from section 6.1.1.1(b)(iv) of Zoning By-law 85- 1 which requires a minimum setback of 9 metres from the intersection of the street lines abutting the corner lot to a driveway. The applicant is seeking a setback of 6 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan. The Low Rise Residential designation provides for a variety of low density residential uses. The proposed reduced setback to the driveway will not impact the intensity or scale of the residential area. The variance does not meet the intent of Zoning By-law 85-1. The intent of the 9 metre setback from a driveway to the intersection of street lines abutting a corner lot is to ensure pedestrian and vehicular safety. Zoning By-law 85-1 also establishes a corner visibility triangle of 7.5 metres which is to be free from obstructions. It is staffs opinion that the proposed 6 metre setback will allow vehicles to locate within the corner visibility triangle thereby creating the potential for reduced visibility and compromising pedestrian and vehicular safety. Transportation Planning staff has indicated that they do not support the variance as requested. The variance is not minor. The proposed 6 metre setback does not provide for sufficient separation from the proposed driveway to the intersecting street lines abutting the corner lot and may impact access to the intersection for vehicular and pedestrian traffic. The variance is appropriate for the development and use of the land as it will provide for a form of development, that being a single family dwelling with a double car garage, which is consistent with the emerging character of the area. Based on the foregoing, Planning staff recommends that the application be refused. While staff cannot support the variance as proposed, staff offers the following alternatives for consideration: That the owner and applicant explore opportunities for re -orienting the proposed building so that it conforms to Zoning By-law 85-1. 2. Should the Committee wish to consider amending the application, staff would support a variance to reduce the setback from the intersection of the street lines abutting the corner lot to a driveway from 9 metres to 7.5 metres. This variance would meet tests one (1) and four (4) as outlined above. In addition, a variance to 7.5 metres would meet the intent of Zoning By-law 85-1 and would be minor as this setback would ensure that vehicles would not be able to locate within the COMMITTEE OF ADJUSTMENT 92 MARCH 20, 2012 4. Submission No.: A 2012-019 (Cont'd) corner visibility triangle; will not impact the property or access to the intersection, and; allows for sufficient separation from the driveway to the intersecting street lines abutting the corner lot. Should the Committee wish to consider alternative two above, staff would recommend the following condition: "That the applicant submit a plan, to the acceptance of the Director of Transportation Planning, that includes an access driveway that tapers to a minimum setback of 7.5 metres from the side lot line abutting the street at the front lot line." The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. Mr. D. Aston advised that he has had an opportunity to read the staff report and recognize the concerns of staff regarding the proposed driveway setback. He requested that the initial request to permit a setback from the intersection of 6m be amended to reflect the proposed setback from the intersection of the street lines abutting the corner lot to a driveway from 9 metres to 7.5 metres as recommended by staff. Moved by Mr. B. McCall Seconded by Mr. A. Lise That the application of Kenmore Homes, requesting permission to construct a single family dwelling on an irregular shaped lot with a driveway being located 7.5m (24.6') from the intersection of Eden Oak Trail and Spring Creek Street rather than the required 9m (29.52'), on Part of Block 4, Registered Plan 58M-370, Part 9, Reference Plan 58R- 17149, 43 Eden Oak Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall submit a plan, to the acceptance of the Director of Transportation Planning, that includes an access driveway that tapers to a minimum setback of 7.5 metres from the side lot line abutting the street at the front lot line. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Carried 5. Submission No.: A 2012-020 Applicant: Kenmore Homes Property Location: 47 Eden Oak Trail Legal Description: Part of Block 4, Registered Plan 58M-370 Appearances: In Support: D. Aston P. Viidik T. Devlin COMMITTEE OF ADJUSTMENT 93 MARCH 20, 2012 5. Submission No.: A 2012-020 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single family dwelling and attached garage with the attached garage having a width of 73% of the overall front facade rather than the permitted maximum of 70% of fapade coverage. The Committee considered the report of the Planning Division, dated March 5, 2012, advising that the subject property is municipally addressed as 47 Eden Oak Trail, which is located slightly North-East of the Eden Oak Trail and Springcreek Street intersection. This lot is currently undeveloped. The applicant plans to develop the property as a single detached dwelling with an attached double car garage. The subject lands are zoned Residential 4 (R-4) in the City of Kitchener By-law 85-1 and designated Low Rise Residential in the City of Kitchener Official Plan. The applicant is requesting relief from Section 5.5A.1 of the Zoning By-law 85-1 which requires that the width of a garage attached to a single detached dwelling do no exceed 70% of the width of the front fapade. The applicant is requesting a variance for a 3% increase to the allowed garage width of the future development. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The variance meets the intent of the Official Plan. The intent of this designation is to accommodate a full range of housing types to achieve an overall low density. The proposed variance does not alter the height and/or density of the proposed single detached house and continues to achieve the intent of the low density designation. The variance meets the intent of the Zoning By-law. The purpose of the width of the garage to not exceed 70% of the width of the front fapade is to ensure that the streetscape view does not consist only of garages and to provide adequate space for the front entrance to the building. It is staff's opinion that the width of the garage to be 73% of the width of the front fapade will continue to maintain interest along the streetscape and will continue to provide adequate space for the front entrance to the building. The variance is considered minor. As the applicant notes, complying with the 70% ratio would require the structure to impede upon the side yard setbacks. To maintain the required setbacks, the ratio of the width of the garage to the front fapade must be increased from 70% to 73%. It is staffs opinion that a variance for an increase of the ratio of the width of the garage to the front facade is more desirable than a variance for a decrease of the side yard setbacks as there will be less impact on neighbouring properties. This increase of 3% will only result in an approximately 0.3 metre increase to the width of the garage due to the narrow nature of this lot and the proposed building. As the width of the garage increases, the space remaining for the front entrance is decreased by the same amount. Since the total width of the building remains the same, there is minimal impact on adjacent lands. The variance is appropriate for the development and use of the land. The variance does not alter height and/or density, which could have more of an impact on adjacent lands. As a result, the proposed building and garage will maintain the character of a low rise residential streetscape. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT 94 MARCH 20, 2012 5. Submission No.: A 2012-020 (Cont'd) Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Kenmore Homes, requesting permission to construct a single family dwelling and attached garage with the attached garage having a width of 73% of the overall front facade rather than the permitted maximum of 70% of fapade coverage, on Part of Block 4, Registered Plan 58M-370, Part 10, Reference Plan 58R-17149, 47 Eden Oak Trail, Kitchener, Ontario, BE APPROVED. 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 6. Submission No.: A 2012-021 Applicant: Tyler, Kristin & Albert Bax Property Location: 219 Templewood Drive Legal Description: Part Block 3, Registered Plan 58M-460, being Part 1, Reference Plan 58R-16263 Appearances: In Support: A. Bax Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to expand the existing driveway to be located 7.5m (24.6') from the intersection of Templewood Drive and Huron Road rather than the required 9m (29.52'). The Committee considered the report of the Planning Division, dated March 12, 20127 advising that the subject property contains a street townhouse dwelling unit and is zoned Residential Six (R-6) with Special Provision, 419R. It is located on the north/east corner of Huron Rd and Templewood Dr. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan and Zoning By-law for the following reasons. The intent of the driveway access setback from the intersection is to ensure pedestrian and vehicular safety. The Zoning By-law also requires a corner visibility triangle of 7.5 metres which is to be free from obstructions, including parked vehicles. The proposed driveway width respects the 7.5 metre corner visibility triangle. The intent of the 9.0 metre setback from the lot line to the edge of the driveway is to allow vehicle stacking space behind the stop sign at the intersection without impeding the driveway. Staff recommend that the edge of the curb remain at 9.0 metres from the side lot line to ensure stacking space is maintained. Further, staff wish to review and approve a plan in this regard prior to any site works taking place, to the satisfaction of the Director of Transportation Planning. A condition is included in this regard. COMMITTEE OF ADJUSTMENT 95 MARCH 20, 2012 -�09.Ti1m_Me , Staff notes that the maximum width permitted for a driveway on this property is 65% of the lot width and that ultimate 5.5 metre width of the driveway does meet this regulation. The variance is minor for the following reason. As noted above, Traffic staff is in support of a 7.5 corner visibility triangle and 9.0 metre setback for pedestrian/vehicular safety can be maintained and therefore the request can be considered minor. The variance is appropriate for the development and use of the land for the following reason. The increased driveway width will permit the occupants to park two vehicles on their driveway which is appropriate for the size of this corner lot and will not negatively affect the surrounding streetscape. The applicant is requesting a minor variance to permit expansion of an existing driveway to be located 7.5 metres (24.6 ft) from the intersection of Templewood Drive and Huron Road rather than the required 9 metres (29.52 ft). Further to a site visit, staff wish to clarify conditions that exist on site. The applicant originally began grading and removal of grass to install a driveway with an access of 6.5 metres from the intersection of the lot lines (see photo above). Staff would not be in support such a proposal as it compromises pedestrian/vehicular safety, as well as it not being appropriate development for the streetscape. The applicant now intends to install a sidewalk beside the proposed driveway, and this is shown on his submitted drawing. Staff notes that the sidewalk must be made of a different material from the driveway and shall not be parked on by vehicles. In regards to the City -owned driveway apron portion where he has removed grass and altered a portion of the curb, traffic staff is not in support of this alteration for above noted safety reasons. Therefore, a condition is requested that the boulevard portion be reinstated to City satisfaction. This reinstated portion of the boulevard shall continue to maintain a 9 metre setback access from the projection of the intersecting lot lines. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. The Committee considered the report of Kitchener -Wilmot Hydro, dated March 15, 2012, requesting that approval of this application be subject to the following condition: 1. Driveways will be located so as to clear our submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards. Mr. A. Bax advised that he is in attendance in support of staff's recommendation. He noted for clarification that the staff report indicates that they have altered the curb; he stated that they have not done anything to widen the curb cut. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Tyler, Kristin and Albert Bax, requesting permission to expand the existing driveway to be located 7.5m (24.6') from the intersection of Templewood Drive and Huron Road rather than the required 9m (29.52'), on Part Block 3, Registered Plan 58M-460, being Part 1, Reference Plan 58R-16263, 219 Templewood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a plan, to the satisfaction of the City's Director of Transportation Services, to show the driveway and sidewalk on the subject lands and the curb and apron within the City's right-of-way to demonstrate vehicular access on the widened driveway. COMMITTEE OF ADJUSTMENT 96 MARCH 20, 2012 6. Submission No.: A 2012-021 (Cont'd) 2. Further, the owner shall reinstate curbing and grassed boulevard within the City's right-of-way no later than September 1, 2012, to the satisfaction of the City's Director of Transportation Services. Should the work not be completed this approval becomes null and void. 3. The owner shall ensure that the driveway is located clear of any submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards, to the satisfaction of Kitchener Wilmot Hydro. 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 Submission No.: A 2012-022 Applicant: Dragan & Ana Ilic Property Location: 111 & 113 Schweitzer Street Legal Description: Part Lot 6, Plan 675, being Part 11, Reference Plan 58R-5038 Appearances: In Support: R. Sajkunovic D. Ilic Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of two existing porches having a side yard abutting a street of 3.Om whereas the By-law requires 4.5m (14.76') when a porch attached to a dwelling exceeds 0.6m (1.96') in height from the finished grade. The Committee considered the report of the Planning Division, dated March 8, 2012, advising that the subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four (R-4). The subject property is developed with a semi detached dwelling, each featuring a concrete front porch facing Schweitzer Street. The porches were constructed too close to the street in error. The porches were built when the semi detached dwelling was constructed and are higher than 0.6 metres above the highest finished grade and located within 4.5 metres of the side yard abutting the street. Relief is being sought from Sections 38.2.2 and 5.6.1 of the Zoning By-law 85-1 to legalize the existing attached porches to be setback 3.051 metres from the side yard abutting a street whereas 4.5 metres is required. 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: COMMITTEE OF ADJUSTMENT 97 MARCH 20, 2012 Y11.TilWMe , arow-00i1PXi10pillMe , re The requested variance to legalize the existing side yard abutting a street setback for the attached porches meets the intent of the Official Plan. Low Rise Residential districts allow for a variety of low density residential uses. The Official Plan outlines criteria for consideration when a minor variance is requested for infill development. The compatibility of the massing and scale of the building as well as compatibility of the streetscape is encouraged for new infill residential developments within existing neighbourhoods. The general intent of Sections 38.2.2 and 5.6.1 in the Zoning By-law 85-1 stipulated for porches is to provide sufficient amenity space in the side yard abutting a street to ensure proper visibility from the road for safety purposes. The owner has advised that the porch was built in error. Planning staff is of the opinion that the reduced side yard abutting a street setback conforms to the intent of the Zoning By-law 85-1. Transportation Planning staff has advised that the porch is located outside of the 4.5 metre driveway visibility triangle and therefore they do not have any concerns. The requested variances are considered minor as the porch was built to align with the existing entrances to the dwelling units and is the only access into the primary entrance of the existing dwelling. It is staff's opinion that the reduced side yard setback abutting a street allows for comfortable pedestrian movement along the front of the property. The requested variances are appropriate for the development and use of the land as it is staffs opinion that the porch is a necessary feature for the residents to access the dwelling units. The requested variances will not interfere with the neighbouring properties. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 29, 2012, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Dragan and Ana Ilic, requesting legalization of two existing porches having a side yard abutting a street of 3.051m (10') whereas the By-law requires 4.5m (14.76') when a porch attached to a dwelling exceeds 0.6m (1.96') in height from the finished grade, on Part Lot 6, Plan 675, being Part 11, Reference Plan 58R-5038, 111 & 113 Schweitzer Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2012-008 Applicant: Milica Zivanovic Property Location: 51 & 55 Tagge Street Legal Description: Block 125, Plan 1773, Block 58, Plan 1696 Appearances: In Support: J. Aziz COMMITTEE OF ADJUSTMENT 98 MARCH 20, 2012 Submission No.: B 2012-008 (Cont'd Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Tagge Street of 13m (42.65'), a westerly depth of 32.468m (106.52') and an area of 419.5 sq.m. (4515.46 sq.ft). The retained land will be an irregular shape having a width on Tagge Street of 13m (42.65`), and easterly depth of 32.486m (106.52`) and an area of 588.9 sq.m. (6338.867 sq.ft). The property is currently vacant but is being proposed for residential use. The Committee considered the report of the Planning Division, dated March 9, 2012, advising that the property municipally addressed as 51 & 55 Tagge Street is comprised of two consolidated remnant pieces of property from two different registered plans of subdivision. The owner is requesting consent to sever a portion of the property in order to create two single detached lots (severed lot and retained lot) with frontage onto Tagge Street. The irregularly shaped severed lot is proposed to have approximately 13 metres of frontage onto Tagge Street, a depth of approximately 33.0 metres, and a total area of approximately 419 square metres. Official Plan 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 proposed severance meets the intent of the OP. The creation of a new lot 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 with two individual lots also meets the intensification targets in the City's Official Plan and Kitchener Growth Management Strategy. Zoning The property is zoned to Residential Four (R-4). The zoning regulations allow for suitable lot sizes that will be able to accommodate appropriate landscaping, off-street parking, and private amenity areas for the future dwellings. The proposed lot sizes exceed the minimum lot width and area required by the zoning. Provincial Policy Statement, 2005 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets out principles to achieve "healthy, livable 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. 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. Growth Plan for the Greater Golden Horseshoe 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 COMMITTEE OF ADJUSTMENT 99 MARCH 20, 2012 Yil.Ti m -Me , ►[.a■ �ZiSfr�iI�IYNZ.7iiiC 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. Kitchener Growth Management Strategy The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively and that the City achieve 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. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated March 9, 2012, advising that the Region has no objections to this application. The Committee considered the report of Kitchener -Wilmot Hydro, dated March 8, 2012, advising that they have no objection to this application subject to the following conditions: 1. That the Applicant make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed and retained before the severances are granted. 2. That the Applicant make arrangements for the granting of any easements required by Kitchener -Wilmot Hydro Inc. before the severances are granted. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Milica Zivanovic, requesting permission to sever a parcel of land having a width on Tagge Street of 13m (42.65'), an westerly depth of 32.468m (106.52') and an area of 419.5 sq.m. (4515.46 sq.ft), on Block 125, Plan 1773, Block 58, Plan 1696, 51 & 55 Tagge 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 Agn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication in the amount of $5,980.00 as outlined above under Infrastructure Comments section. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. COMMITTEE OF ADJUSTMENT 100 1090Ti m -Me , ►[.a■ �ZiSfr�iI�IYNZ.7iiiCl MARCH 20, 2012 5 That the owner shall 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. 6 That the owner shall 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. 7. That the owner shall prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system, including storm water design sheets, will be required to the satisfaction of the Engineering Division. 8. That the owner shall prepare and receive approval of the Development and Reconstruction As -Recorded Tracking Form, along with a digital submission of all AutoCad drawings required for the site with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division, as per the Public Sector Accounting Board (PSAB) S. 3150. 9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the provision of separate electrical servicing to the severed and retained lands, including the granting of any easements they may require. 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 March 20, 2014. Carried 2. Submission No.: B 2012-009 Applicant: 970722 Ontario Inc. Property Location: Eliza Avenue & Gravel Ridge Trail Leaal Descriation: Lot 9. Reaistered Plan 58M-537 Appearances: In Support: K. Murphy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a triangular shape having a northerly depth of 17.762m (58.274`) COMMITTEE OF ADJUSTMENT 101 MARCH 20, 2012 2. Submission No.: B 2012-009 (Cont'd) a southerly depth of 17.898m (58.720`) and an area of 18.74 sq.m. (201.716 sq.ft) to be conveyed as a lot addition from Lot 9 (Eliza Avenue) to Eby Estates Stage 4 subdivision. The Committee considered the report of the Planning Division, dated March 9, 2012, advising that The subject property is located at the northwest corner of the T - intersection of Eliza Avenue and Gravel Ridge Trail on what is the boundary between recently registered plan 58M-537 (formerly Stage 5) and Stage 4 of the draft plan shown below. The property in question is legally described as Lot 9, 58M-537 of the Eby Estate Plan of Subdivision. A corner property, Lot 9 has approximately 13 metres of frontage onto Eliza Avenue and 22 metres of frontage onto Gravel Ridge Trail. In order to provide for a future development opportunity in Stage 4, the applicant is requesting to convey a small triangular shaped parcel of land 18.74 square metres in area from Lot 9 and add it to Future Development Block 14, Stage 4 as shown below in the severance sketch. No variances are required in order to facilitate the lot addition. As part of this application, the applicant had also requested approval of a servicing easement over Lot 9, 10 and 11, 58M-537 but that request has since been dropped. The subject property is designated Low Rise Residential in the City's Official Plan. The implementing zoning of the subject property is Residential Four (R-4) in the City's Zoning By-law. Staff is supportive of this proposed lot addition as these lands are surplus to the needs of Lot 9 and would provide for additional road frontage for Future Development Block 14, Stage 4 thereby facilitating potential future developments opportunities. 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 March 9, 2012, advising that they have no objections to this application. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of 970722 Ontario Inc. requesting permission to sever a parcel of land with an triangular shape having a northerly depth of 17.762m (58.274`) a southerly depth of 17.898m (58.720`) and an area of 18.74 sq.m. (201.716 sq.ft) to be conveyed as a lot addition from Lot 9 (Eliza Avenue) to Eby Estates Stage 4 subdivision, on Lot 9, Registered Plan 58M-537, Eliza Avenue & Gravel Ridge Trail, 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 Agn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 102 MARCH 20, 2012 2. Submission No.: B 2012-009 (Cont'd) 3. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. 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. 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 March 20, 2014. Carried 3. Submission Nos.: B 2012-010 Applicant: Marilyn Schmidt Property Location: 47 Kehl Street Legal Description: Part Lot 32, J. Hoffman's Survey, Registered Plan 384, and Part of Lot 75, Subdivision of Lot 18, German Company Tract Appearances: In Support: S. O'Neill Contra: C. Meade Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Kehl Street of 19.902m (65.295`), a depth of 42.27m (138.68`) and an area of 859.88 sq.m. (9255.671 sq.ft). The retained parcel will have a width on Borden Parkway of 40.099m (131.558`), a depth of 34.38m (112.795`) and an area of 1399.99 sq. m. (15069.367 sq.ft). The severed and retained land will continue to be used for residential use. The Committee considered the report of the Planning Division dated, March 12, 2012, advising that the subject property is located in the Southdale Planning Community and possesses 40.099 metres of frontage on Southdale Avenue (mislabeled on the drawing submitted with the application as Borden Parkway) and 19.902 metres of frontage on Kehl Street. The property is separated from the Shoemaker Greenway by Southdale COMMITTEE OF ADJUSTMENT 103 MARCH 20, 2012 3. Submission No.: B 2012-010 (Cont'd) Avenue. The area is comprised of a range of low rise residential land uses, including single detached dwellings and small multiple residential developments. The subject property contains a single detached dwelling constructed in approximately 1925 as well as a detached garage. The rear portion of the property (furthest from Kehl Street, with frontage on Southdale Avenue) is vacant. The property is designated Low Rise Residential in the Official Plan and is split zoned. The portion closest to the Shoemaker Greenway is zoned Existing Use (E-1). The portion of the property further from the Greenway is zoned Residential Six (R-6) with Special Regulation 1R, which requires that a GRCA permit is required prior to the construction of any building or placement of fill. City Planning staff conducted a site inspection of the property on March 9, 2012. The property has been conditionally purchased by Sean O'Neill (applicant). The application proposes to sever a parcel of land 19.902 metres wide with a depth of 42.274 metres and an area of approximately 859.88 square metres. The proposed parcel to be severed has frontage on Kehl Street and contains the existing dwelling and detached garage. The proposed retained parcel is 40.099 metres wide with a depth of 34.565 metres and has an area of approximately 1399.99 square metres. The proposed retained parcel does not contain any buildings or structures. The applicant is requesting consent to sever in order to sell and allow future development of the retained parcel for multiple residential use. No specific development plans are proposed at this time. An analysis of the sketch provided with the application demonstrates that both proposed resultant lots comply with the Zoning By-law for the proposed uses and, therefore, no minor variance approval is necessary. The Grand River Conservation Authority has commented that they have no issues with proposed severance; however, certain requirements are necessary prior to development of the retained lot. In this regard, issuance of a Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses permit is necessary prior to any future development of the proposed retained parcel. In addition, all buildings within the flood fringe are to be located above the regulatory flood elevation of 321.9 metres and no development (including fill placement) will be permitted within the floodway portion of this property. Furthermore, it is possible that only one driveway access to this property from Southdale Avenue may be permitted. This driveway is perhaps best located at the western end of the property, immediately east of the City's 6.096 (20 foot) wide easement. The City of Kitchener and Grand River Conservation Authority will likely need a grading plan to confirm any future driveway access requirements, including location and number of driveways. The design of any future development may be subject to these restrictions. In this regard staff recommends a condition that would advise all future prospective purchasers (via an agreement) of the above noted potential development requirements. 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 dimensions and shapes of the lots are appropriate and suitable for the existing and proposed uses, the lots front on established public streets, and both lots have access to adequate municipal services. In addition, staff is satisfied that floodplain concerns may be adequately dealt with through the site plan control and/or building permit processes for future development of the retained parcel. Furthermore, it is the opinion of staff that the proposed consent: (i) is consistent with the policy statements issued under subsection 3(1) of the Planning Act, (ii) conforms to or does not conflict with any applicable provincial plan or plans, and (iii) conforms to the City's Official Plan." COMMITTEE OF ADJUSTMENT 104 MARCH 20, 2012 3. Submission No.: B 2012-010 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated March 9, 2012, advising that they have no objections to this application. The Committee considered correspondence from Kitchener -Wilmot Hydro Inc., dated February 8, 2012, advising that they have no objection to this application subject to the following conditions: 1. That the Applicant make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed and retained before the severances are granted. 2. That the Applicant make arrangements for the granting of any easements required by Kitchener -Wilmot Hydro Inc. before the severances are granted. Mr. C. Mead advised that he is a neighbouring property owner and requested clarification on the future use of the severed parcel and the location of the proposed driveway. Mr. O'Neill advised that the severed parcel is conditionally sold and he is unable to confirm what type of development will be constructed at this time. He further advised that access for the severed parcel will likely be provided off Southdale Avenue. Mr. O'Neill requested clarification from staff regarding the proposed condition for parkland dedication and whether the proposed fee being calculated on the severed parcel as the fee was higher than he anticipated. Ms. von Westerholt advised that she could not confirm how the fee was calculated noting that the amount is provided by the City's Park's Operations staff. She stated that staff would be willing to amend that condition to remove dollar amount and replace it with 5% of the value of the lands to be severed to allow the applicant to have further discussions with staff regarding the clearance of that condition. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of the Marilyn Schmidt, requesting permission to sever a parcel of land having a width on Kehl Street of 19.902m (65.295`), a depth of 42.27m (138.68') and an area of 859.88 sq.m. (9255.671 sq.ft), on Part Lot 32, J. Hoffman's Survey, Registered Plan 384, and Part of Lot 75, Subdivision of Lot 18, German Company Tract, 47 Kehl 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 Agn (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 a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall make arrangements, financial and otherwise, to the satisfaction of the City's Director of Engineering Services, for 100% of the cost of the removal of any redundant service connections and the installation of all new service connections to the property. COMMITTEE OF ADJUSTMENT 105 MARCH 20, 2012 3. Submission No.: B 2012-010 (Cont'd) 5. That the owner shall enter into a registered agreement with the City of Kitchener to include the following clause in all offers of purchase/sale or rental agreements for the retained lot: "All potential and future owners of the subject property are hereby advised of the following potential requirements for development of building(s) or structure(s) on the subject lands. These requirements may be required by the City of Kitchener and/or the Grand River Conservation Authority through the municipal development approvals process: ■ A Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses permit from the Grand River Conservation Authority will be required prior to development of any building(s) or structure(s). ■ That all buildings on this property within the flood fringe shall be located above the regulatory flood elevation of 321.9 metres. ■ That no development (including fill placement) will be permitted within the floodway portion of this property. ■ That only one driveway access to this property from Southdale Avenue may be permitted. This driveway may be permitted only at the western end of the property, immediately east of the City's 6.096 (20 foot) wide easement. The City of Kitchener and Grand River Conservation Authority may require a grading plan to confirm the driveway access requirements, including location and number of driveways. " 6. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the provision of separate electrical servicing to the severed and retained lands, including the granting of any easements they may require. 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 March 20, 2014. Carried ADJOURNMENT On motion, the meeting adjourned at 10:45 a.m. Dated at the City of Kitchener this 20th day of March, 2012. Dianna Saunderson Secretary -Treasurer Committee of Adjustment