HomeMy WebLinkAboutAdjustment - 2012-06-19COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JUNE 19. 2012
MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl
OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr.
Mr. E. Riek, Engineering Technologist; Mr. A. Pinnell, Planner; Messrs. R.
Parent and J. Wigglesworth, Region of Waterloo, Ms. J. Billett, Acting
Secretary-Treasurer; and Ms. L. Garovat, Administrative Clerk.
Mr. A. Head, Vice-Chair, called this meeting to order at 10:15 a.m.
MINUTES
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the minutes of the regular meeting of the Committee of Adjustment held May 15, 2012, as mailed
to the members, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
Submission No.: A 2012-034
Applicant: Graciela Cerquera
Property Location: 212 Templewood Drive
Legal Description: Part Block 2, Registered Plan 58M-460, designated as
Part 16 on Reference Plan 58R-16264
Appearances:
In Support:
Contra:
Written Submissions
Graciela Cerquera
Julian Arcila
None
Letters of Support (2)
The Committee was advised that the applicant is requesting permission to legalize a driveway
having a width equal to 79% of the lot width (4.9m / 16.08') rather than the maximum of 65%
(3.9m / 12.8').
The Committee considered the report of the Planning Division, dated May 25, 2012, advising that
the subject property is zoned Residential Six Zone (R-6) in the Zoning By-law and designated
Low Rise Residential in the City's Official Plan. The site contains an existing townhouse dwelling.
The applicant has requested permission for relief to Section 6.1.1 c) ii) b from the City of
Kitchener Zoning By-law to legalize a driveway having a width equal to 79% of the lot width (4.9
metres), rather than the maximum of 65% (3.9 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 offers the following comments regarding
the requested minor variance:
COMMITTEE OF ADJUSTMENT -145 - JUNE 19, 2012
1. Submission No.: A 2012-034 (Cont'd
The requested variance does not meet 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 would allow a driveway width that would be out of character
for a townhouse dwelling and the surrounding low rise residential neighbourhood.
The variance does not meet the intent of the Zoning By-law. The purpose of the maximum
driveway width of 65% of the lot width is to ensure sufficient landscaped area is provided in the
front yard and that the streetscape is not dominated by paved driveway. Staff is of the opinion
that a driveway width covering 79% of the front yard lot width will allow insufficient landscaped
space for the remainder of the front yard. The requested minor variance does not meet the intent
of the Zoning By-law.
The variance is not considered minor because adequate landscape space in the front yard can
no longer be accommodated on-site. The increase in driveway width may have a negative effect
on the adjacent lands and overall appearance of the neighbourhood.
The variance is not appropriate for the development and use of the land as it is not compatible
with the surrounding low rise residential development. The existing streetscape would be
negatively impacted by the proposed driveway widening. Also, the proposed driveway widening
would create a driveway width that would not support the dimensions of two legal parking spaces
and therefore, the applicant would only be able to legally park one car on the driveway. The
subject property does not have sufficient lot width to be able to support the location of two parking
spaces and adequate landscaped area.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Ms. Graciela Cerquera and Mr. Julian Arcila attended in support of the application. Ms. Cerquera
advised that she was not aware of regulations at time of widening her driveway and has three
vehicles belonging to residents of the home that need to park on site.
Mr. A. Head noted that staff is recommending refusal of the application and is concerned with
setting an adverse precedent. He suggested that in the instance of an approval, City staff would
likely appeal the Committee's decision to the Ontario Municipal Board (OMB).
Ms. Cerquera confirmed that the driveway has already been widened and submitted two letters of
support from neighbours on either side of her property.
Mr. Lise noted that the amount of driveway widened equates to approximately 1m and from the
photographs included in the staff report it is evident that one of the neighbouring properties also
has a widened driveway. He questioned why the City is taking a strong stance in newer
developed areas with smaller lots and why a 1m variance would not be considered minor. Mr. B.
Bateman commented that the property is a townhouse and the widened driveway has been
almost doubled, essentially paving the entire front yard. He suggested that the neighbouring
properties that provided letters of support would likely also apply for similar permission from the
Committee if this application is approved. The result would be a streetscape full of asphalt and
parked vehicles, creating an issue of aesthetics; and as well, would add to infiltration into the
City's sewer systems from run-off coming from the asphalt which has associative maintenance
costs to the City. Mr. Bateman maintained the requested variance is not desirable and would set
an adverse precedent if approved. In respect to the photograph depicting the adjacent property
with a widened driveway, Mr. Bateman advised that enforcement is undertaken on a complaint
basis and he suspected that there was a complaint against the subject property prompting the
variance application. Mr. Lise questioned if approval would be acceptable if a paving treatment
was applied that addressed the issue of infiltration. Mr. Bateman stated that it would only address
one issue with the issue of aesthetics still remaining. He pointed out that if all are permitted to
widen their driveways similarly, the streetscape would have nothing more than parked cars
across its full expanse and he maintained that a minimum community standard for driveway
widths is needed.
Ms. Cerquera advised that she had received a letter from the City about her driveway that
resulted from the City's investigation of a complaint against another neighbouring property. Mr.
COMMITTEE OF ADJUSTMENT -146 - JUNE 19, 2012
1. Submission No.: A 2012-034 (Cont'd
Head confirmed that enforcement is complaint driven and where the City's investigation reveals
similar circumstances on another property they may take steps to address the situation. Ms.
Cerquera expressed the view that the variance requested is not that much and she is concerned
with the safety of her teenagers, who require their vehicles to attend school or work commitments
during evening hours. She noted that they can park overnight on-street during summer months
but cannot do so in winter. Mr. Bateman clarified that there is also a 3 hour limit for overnight
parking on City streets during summer months and if a complaint was received, they could be
ticketed in this instance as well. Mr. Bateman stated that on-street parking should not be
considered a long term solution.
Mr. B. McColl commented that this issue is a spin-off of higher density development in a car
driven society. He expressed support for the staff recommendation as it was his view a line must
drawn or the whole of the neighbourhood would become a parking lot.
Moved by Mr. Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Graciela Cerquera requesting permission to legalize a driveway having a
width equal to 79% of the lot width (4.9m / 16.08') rather than the maximum of 65% (3.9m / 12.8'),
on Part Block 2, Registered Plan 58M-460, designated as Part 16 on Reference Plan 58R-16264,
212 Templewood Drive, Kitchener, Ontario, BE REFUSED.
It is the opinion of this Committee that:
1. The variance requested in this application is not minor.
2. This application is not desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is
not being maintained on the subject property.
Carried
2. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
A 2012-035
2075879 Ontario Inc.
160 Victoria Street North
Part Lots 19 and 20, Registered Plan 374
Symeon Daginis
Maria Daginis
None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for a dwelling unit to be
located on the ground floor in a building not used only as a multiple dwelling; an off-street parking
space to be located 2.3 m (7.55') from the street line rather than the required 4.5m (14.77'); and a
parking reduction to 0.5 parking space rather than the required one (1) parking space for each
20.0 m2 (215.29 sq.ft) of gross floor area for the retail use.
The Committee considered the report of the Planning Division, dated March 25, 2012, advising
that the subject property is zoned Medium Intensity Mixed Use Corridor Zone (MU-2) in the
Zoning By-law with Special Provision 410U, which outlines additional uses that are not permitted
and designated Low Rise Residential in the City's Official Plan. The site contains two existing
dwelling units and a retail store (gift shop).
The surrounding area is in transition. It is comprised of single detached residential buildings some
currently used for dwelling units, others that have been converted for various commercial
purposes including a hair salon and restaurants. The property immediately south of the subject
COMMITTEE OF ADJUSTMENT -147 - JUNE 19, 2012
2. Submission No.: A 2012-035 (Cont'dl
property is a two storey building used as a cab station headquarters. The lands on the opposite
side of Victoria Street South contain single detached buildings, many which have been converted
for office uses, sales offices, or for personal services.
The applicant is requesting the following variances.
• To allow a dwelling unit to be located on the ground floor in a building not used only as a
multiple dwelling; and
• To allow for a parking reduction to 0.5 parking spaces rather than the required one (1)
parking space for each 20 metres squared of gross floor area for the retail use.
• To an allow off-street parking space to be located 2.3 metres from the street line rather
than the required 4.5 metres; and
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 variances:
The variances meet the intent of the Official Plan. The property is designated Mixed Use Corridor
in the Official Plan, which is intended to serve adjacent residential neighbourhoods by providing a
balanced distribution of commercial, institutional and residential uses. The location of the existing
dwelling unit does not hinder the commercial component of the subject lands and still meets the
intent of the Official Plan.
The existing two residential units have one parking space each. There are presently two parking
spaces provided for the commercial use, although one of the parking spaces is required to be
converted to landscaped area to reduce the hard surface area of the subject lands and to comply
with the 10% landscape requirement of the MU-2 Zone. This will result in the deficiency of one
(1) parking space. The owner is requesting a variance to provide one parking space for nearly 40
square metres of retail use whereas the by-law requires one (1) parking space for each 20 square
metres of gross floor space of the retail use. The reduction of one parking space maintains the
intent of the Official Plan as it still provides space within a mixed use corridor for patrons of the
business to park on the subject lands without disrupting surrounding businesses or residents.
The proposed parking space setback variance is appropriate as it is consistent with other set
backs along Victoria Street North.
The variance to allow a dwelling unit to be located on the ground floor in a building not used only
as a multiple dwelling meets the intent of the Zoning By-law. The location of the existing dwelling
unit on the ground floor is an existing condition. The dwelling unit is located at the rear of the
building and is only partially located on the first floor. The location of the existing dwelling unit will
not affect the function of the commercial component of the subject lands as it is located at the
rear of the building which allow the commercial component to animate the streetscape. The
proposed variance will meet the intent of the Zoning By-law.
The variance to allow a parking reduction to 0.5 parking spaces rather than the required one (1)
parking space for each 20 metres squared of gross floor area will result in 1 space for the retail
use rather than the required 2 spaces. There will be sufficient parking provided for the retail (gift
shop) use.
The parking space setback 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 and store patrons the ability to
view oncoming traffic along the fronting road while egressing the on-site parking space. The site
has functioned this way for over 20 years and will continue to do so until such time as the site is
redeveloped with a more intense urban use. Both Regional and Municipal transportation staff
have indicated they have no concerns with the proposed variance. Staff is of the opinion that the
requested minor variance meets the intent of the Zoning By-law.
The impact of the establishment of residential on the ground floor is minor. The building has
functioned with a residential use on the ground floor for over 20 years without impacting the
commercial viability of the existing retail use. The adjacent properties, surrounding area and
streetscape should not be significantly impacted.
COMMITTEE OF ADJUSTMENT -148 - JUNE 19, 2012
2. Submission No.: A 2012-035 (Cont'dl
The parking reduction 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 and is consistent with the existing development in the area.
The variances are appropriate for the development and use of the land as it is compatible with the
surrounding mixed use corridor development. The subject area is in transition and is slowly
becoming developed with higher intensity uses. The requested variances will allow the owner to
continue to use the lands until the potential redevelopment of this site occurs.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have the following comments:
The landowner must apply for a Regional Road Access Permit. This permit is required for all
properties throughout the Region that have an access onto a Regional Road where modifications
to the access are proposed. The cost of this permit is $200 dollars for your property. With the
Regional Road Access Permit the frontage of Victoria Street should be revised to better define
the access from Victoria Street to the parking spots at the front of the property. A section of the
existing drop curb should be replaced with typical curb and gutter and the boulevard/sidewalk
updated with sidewalk panels in that area with the typical boulevard treatment that can be seen
just to the west of 160 Victoria Street. This will help to minimize the possibility of people parking
on the Victoria Street right-of-way and will prevent people from parking on the proposed grassed
area.
A Regional Road Work Permit will be required prior to the commencement of any work in the
Victoria Street North right-of-way.
Please be advised that any development on the subject lands is subject to the provisions of the
Regional Development Charge By-law 09-024 or any successor thereof and may require the
payment of Regional Development Charges for this development prior to the issuance of a
building permit.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of 2075879 Ontario Inc. requesting permission for a dwelling unit to be
located on the ground floor in a building not used only as a multiple dwelling; an off-street parking
space to be located 2.3 m (7.55') from the street line rather than the required 4.5m (14.77'); and a
parking reduction to 0.5 parking space rather than the required one (1) parking space for each
20.0 m2 (215.29 sq.ft) of gross floor area for the retail use, on Part Lots 19 and 20, Registered
Plan 374, 160 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
That the owner shall obtain an occupancy certificate from the City's Planning Division for
the retail use.
2. That the owner shall obtain a Regional Road Access Permit from the Regional Municipality
of Waterloo prior to commencement of any work in the Victoria Street North right-of-way.
It is the opinion of this Committee that:
The variances requested in this application are 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 2012-036
Applicant: Glen Panganiban
Property Location: 239 Ahrens Street West
Legal Description: Part Lots 53 and 54, Registered Plan 146
COMMITTEE OF ADJUSTMENT -149 - JUNE 19, 2012
3. Submission No.: A 2012-036 (Cont'd)
Appearances:
In Support: Glen Panganiban
Lito Navaleza
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct an attached
garage having a westerly side yard setback of 0.6m (1.97') rather than the required 1.2m (3.94'),
a rear yard setback of 2.4m (7.88') rather than the required 7.5m (24.6') and a side yard setback
abutting Ahrens Street West from any part of the building to accommodate off-street parking of
5.2m (17.06') rather than the required 6m (19.69'); and to legalize an existing frontage of
11.887m (39') rather than the required 15m (49.2') and a side yard setback abutting Ahrens
Street West from the existing dwelling of 4.2m (13.78') rather than the required 4.5m (14.77').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is designated Low Rise Residential in the City's Municipal Plan and is zoned
Residential Four (R-4) as per Zoning By-law 85-1 (Zoning By-law). The property is located at the
north-west corner of Ahrens Street West and Guelph Street and currently accommodates a single
detached residential dwelling. The applicant is requesting the following variances from section
38.2.1 of the Zoning By-law to legalize the existing lot and single detached residential dwelling:
1. A lot frontage of 11.8 metres whereas 15 metres is required; and,
2. Aside yard setback abutting a street (Ahrens Street West street frontage) of 4.2 metres
whereas 4.5 metres is required; and,
The above variances are required as Section 5.15 of the Zoning By-law (Existing Residential
Development clause) requires that the existing single detached residential dwelling be legalized
prior to increasing the building floor area. The applicant is proposing to add an attached garage
to the rear of the existing building with driveway access onto Ahrens Street West and is
requesting the following variances from section 38.2.1 of the Zoning By-law to accommodate this
addition:
3. Aside yard setback (interior lot line) of 0.6 metres whereas 1.2 metres is required; and,
4. A rear yard setback of 2.4 metres whereas 7.5 metres is required; and further,
5. Aside yard setback abutting a street (Ahrens Street West) to a garage of 5.2 metres
whereas 6.0 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:
To Legalize the Existing Lot and Single Detached Residential Dwelling:
1. The variances meet the intent of the Official Plan. The Low Rise Residential designation
provides for a variety of low density residential uses. The proposed reduced lot width and
setback from Ahrens Street West seek to legalize an existing lot and building and does not
impact the intensity or scale of the residential area.
2. The variances meet the intent of the Zoning By-law. The intent of the minimum 15 metre
lot width requirement is to ensure consistent lot patterns within a particular area. The
existing lot widths of adjacent properties are less than the minimum required in the Zoning
Bylaw. The proposed reduced lot width is consistent with the existing lot widths of these
adjacent properties.
The intent of the minimum 4.5 metre side yard setback from a street is to ensure that there
is an adequate setback from the street. The requested variance to accommodate the
existing single detached residential dwelling maintains this intent and provides for a
building form that is consistent with the existing built form of the neighbourhood.
COMMITTEE OF ADJUSTMENT -150 - JUNE 19, 2012
3. Submission No.: A 2012-036 (Cont'dl
3. The variances are minor as they will legalize an existing lot and single detached residential
dwelling. The single detached residential dwelling, in its current location, provides for an
adequate separation from Ahrens Street West.
4. The variance is appropriate for the development and use of the land as it will legalize an
existing lot pattern and built form which is consistent with the existing built form of the
neighbourhood.
To Permit an Attached Garage:
1. The variances meet the intent of the Official Plan. The Low Rise Residential designation
provides for a variety of low density residential uses. The proposed reduced side yard and
rear yard setbacks allow for a garage to be added to the existing single detached
residential dwelling providing for a residential use consistent with those existing in the
neighbourhood.
The variances meet the intent of the Zoning Bylaw. The intent of the 1.2 metre setback
from the side yard (interior) is to provide for an adequate setback from neighbouring
properties. To maximize the setback from Ahrens Street West and maintain the minimum
depth of garage required to accommodate vehicles (Section 6.1.2 e) of the Zoning By-law
requires a minimum depth of 5.49 metres and a minimum width of 3.04 metres for parking
stalls), a variance of 0.6 metres is being requested. This variance provides for an
adequate separation from the adjacent property as the proposed garage will not be
located adjacent to any habitable floor space within the single family dwelling on the
neighbouring property.
The intent of the minimum 7.5 metre setback from a rear property line is also to provide
adequate separation from adjacent properties. Due to the configuration of the lot (Guelph
Street being the front of the lot), the rear lot line of the subject property is the side lot line of
the adjacent property on Ahrens Street West. If the front of the subject property could be
considered as the Ahrens Street West frontage, the required setback from the adjacent
property on Ahrens Street West would be 1.2 metres. As the proposed variance to allow a
setback of 2.4 metres provides for a greater separation than would be required if the
property's front lot line were Ahrens Street West, an adequate separation is being provided
and therefore the intent of this provision of the Zoning Bylaw is being maintained.
The intent of the minimum 6.0 metre setback is to ensure pedestrian and vehicular safety.
The proposed 5.2 metre setback continues to allow for a setback from adjacent lands to
the north to be provided while maximizing the setback from the exterior side lot line
(Ahrens Street West). In addition, due to the configuration of the lot and location of the
existing single detached residential dwelling, a garage could not be located anywhere else
on the lot. The proposed garage in this location provides for an adequate separation from
the exterior side lot line.
3. The variances are minor as the proposed garage encloses the required parking spaces
which are currently accommodated on a driveway on the lot and does not increase the
intensity of the use of the lot.
4. The variances are appropriate for the development and use of the land as they allow for
the required parking to be enclosed which is consistent with the way in which the majority
of parking is provided for similar uses within the surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Glen Panganiban requesting permission to construct an attached garage
having a westerly side yard setback of 0.6m (1.97') rather than the required 1.2m (3.94'), a rear
yard setback of 2.4m (7.88') rather than the required 7.5m (24.6') and a side yard setback
abutting Ahrens Street West from any part of the building to accommodate off-street parking of
COMMITTEE OF ADJUSTMENT -151 - JUNE 19, 2012
3. Submission No.: A 2012-036 (Cont'd)
5.2m (17.06') rather than the required 6m (19.69'); and to legalize an existing frontage of
11.887m (39') rather than the required 15m (49.2') and a side yard setback abutting Ahrens
Street West from the existing dwelling of 4.2m (13.78') rather than the required 4.5m (14.77'), on
Part Lots 53 and 54, Registered Plan 146, 239 Ahrens Street West, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That the owner shall obtain a building permit from the City's Building Division for the
garage.
It is the opinion of this Committee that:
1. The variances requested in this application are 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.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
A 2012-037
Alexander Hamulak
168 Fairfield Avenue
Lot 15, Registered Plan 755
Alexander Hamulak
None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to repair and upgrade an
existing carport having a westerly side yard of 0.33m (1.09') rather than the required 1.2m (3.94').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is located at 168 Fairfield Avenue and has is currently developed with a
single detached dwelling with an attached carport. The property has a frontage of 18.29 metres,
a depth of 33.53 metres and a lot area of 613.26 square metres.
The property is zoned as Residential Four (R-4) and has an Official Plan designation of Low Rise
Residential.
Relief is being sought from Section 38.2.1 of the Zoning Bylaw to reduce the required minimum
side yard setback from 1.2 metres to 0.33 metres to legalize the existing carport in the required
side yard.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff 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 legalization of the existing carport will allow the owner to improve the
existing structure and the requested variance is consistent with the Low Rise Residential
designation.
The variance meets the intent of the Zoning By-law as the purpose of a 1.2 metre side yard
setback is to provide a setback from the adjacent property. In this case, the carport is existing
and was constructed prior to the current regulations in the By-law. The existing 0.33 metre
setback accommodates the eaves as well as allows access to the rear yard. The carport cannot
be reduced in size to align with the current regulations of the By-law, as the carport would then be
too narrow and could not accommodate the required width of the required on-site parking space.
COMMITTEE OF ADJUSTMENT -152 - JUNE 19, 2012
4. Submission No.: A 2012-037 (Cont'd
The variance is considered minor as there is adequate separation from the proposed carport and
the adjacent residential property. The carport, including any required eave troughs or other
required storm water management improvements, will be located fully on the subject property and
as such the proposed carport and variance will have minimal impact to adjacent lands.
The variance is appropriate for the development and use of the land as the legalization of the
existing carport will allow for the owner to improve the existing structure. The legalization of the
side yard reduction will allow for a covered off-street parking space for the owner of the subject
property.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Alexander Hamulak requesting permission to repair and upgrade an
existing carport having a westerly side yard of 0.33m (1.09') rather than the required 1.2m (3.94'),
on Lot 15, Registered Plan 755, 168 Fairfield Avenue, 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 maintai
5. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
ned on the subject property.
Carried
A 2012-038
Savic Homes Ltd.
118 Eden Oak Trail
Part Block 10, Registered Plan 58M-370, designated as
Part 34 on Reference Plan 58R-17149
Bob Savic
Boban Jokanovic
None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
family dwelling having a driveway located 7.9m (25.92') from the intersection of Eden Oak Trail
and Watervale Drive rather than the required 9m (29.53').
The Committee considered the report of the Planning Division, dated June 12, 2012, advising that
the subject property is located at the north-west corner of Eden Oak Trail and Watervale Dr. The
lot is currently undeveloped and the applicant is proposing to build a single family dwelling with a
two-car garage. The subject land is zoned Residential Four (R-4), 327R in By-law 85-1 and
designed Low Rise Residential in the Official Plan. City Planning staff conducted a site inspection
of the property on June 7, 2012.
The applicant is requesting a minor variance to construct a single family dwelling having a
driveway located 7.9 metres (25.92 ft) from the intersection of the lot lines at Eden Oak Trail and
Watervale Drive rather than the required 9 metres (29.53 ft).
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
COMMITTEE OF ADJUSTMENT -153 - JUNE 19, 2012
5. Submission No.: A 2012-038 (Cont'dl
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 9.0 metres of distance
separation between the access driveway and the abutting intersection is to ensure that vehicles
do not back directly into the intersection and subsequently into any oncoming traffic from River
Ridge Street when they are reversing out of the driveway. It is staffs opinion that since
household vehicles are at a maximum of 5.5 metres in length, the proposed distance separation
of 7.9 metres between the access driveway and the abutting intersection will still allow vehicles to
egress at a safe distance from the intersection when reversing out of the driveway.
The variance is considered minor. As mentioned above, the proposed 7.9 metres of separation
between the access driveway and the abutting intersection will allow for the safe egress of the
vehicle onto the street. Also, with this proposed decrease to the distance separation between the
access driveway and the intersection, staff stresses the importance of keeping the corner visibility
triangle free of any obstructions in order to provide a clear sightline for the vehicles at the
intersection. The proposed development follows all other zoning by-law requirements and will
thus have minimal impacts on neighbouring properties.
The variance is appropriate for the development and use of the land. The variance does not alter
height and/or density of the proposed development. The proposed building and the two garages
will maintain the character of a low rise residential streetscape.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
The Committee considered the report of Kitchener-Wilmot Hydro, dated June 6, 2012, advising
that they request 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.Om clearance to all poles and street light standards.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Savic Homes Ltd. requesting permission to construct a single family
dwelling having a driveway located 7.9m (25.92') from the intersection of Eden Oak Trail and
Watervale Drive rather than the required 9m (29.53'), on Part Block 10, Registered Plan 58M-
370, designated as Part 34 on Reference Plan 58R-17149, 118 Eden Oak Trail, Kitchener,
Ontario, BE APPROVED, subject to the following condition:
That the owner shall locate driveways clear of submersible transformer vaults and provide
a minimum of 1.Om clearance to all hydro 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
6. Submission No.: A 2012-039
Applicant: Chris Lebrun & Andrea Smiley
Property Location: 76 Earl Street
Legal Description: Lot 55 and Part Lot 56, Registered Plan 248
COMMITTEE OF ADJUSTMENT -154 - JUNE 19, 2012
6. Submission No.: A 2012-039 (Cont'd)
Appearances:
In Support: Andrea Smiley
Chris Lebrun
Tom Lebrun
Duane Erb
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a garage
with driveway access from Argyle Street, having a side yard setback abutting Argyle Street of
3.32m (10.9') rather than the required 6m (19.69') from any part of the building to accommodate
off-street parking; and to legalize an existing side yard setback from Argyle Street to the existing
dwelling of 2.4m (7.88') rather than the required 4.5m (14.77'), an existing easterly side yard
setback of 1.06m (3.48') rather than the required 1.2m (3.94') and an existing lot width of 13.41 m
(44') rather than the required 15m (49.2').
The Committee considered the report of the Planning Division, dated June 12, 2012, advising that
the subject property is located at 76 Earl Street and is developed with a single detached dwelling.
The property is zoned Residential Three (R-3) in the Zoning By-law and is designated Low Rise
Residential in the City's Official Plan.
The applicant is proposing to construct a garage addition at the rear of the existing residential
dwelling. Permission is being requested to allow the addition which will be used to accommodate
off-street parking, to have a 3.32 metres side yard setback rather than the required 6.0 metres; to
allow the existing left side yard setback abutting a street to be 2.4 metres rather than the required
4.5 metres; to allow the existing right side yard setback to be 1.06 metres rather than the required
1.2 metres; and to allow the existing corner lot width of 13.41 metres rather than the required 15
metres as per Section 37.2.1 of the Zoning By-law.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variance:
The requested variances meet the intent of the Official Plan. The Low Rise Residential
designation recognizes the existing scale of residential development and allows for modest
alterations and additions. The proposed variances will legalize the existing and proposed side
yard setbacks and existing lot width that will maintain the low density character of the property
and surrounding neighbourhood.
The intent of the 6.0 metres setback for the garage addition to the property line is to allow
sufficient space for the safe movement of cars to and from the property. Transportation Planning
staff advised that since Argyle Street is a short dead end street that only runs along the subject
property, high volume of traffic is not anticipated and therefore the reduced setback should not
create an unsafe traffic situation. Staff also notes that there is an existing driveway across the
street that is off set from the proposed driveway that also will not cause an unsafe situation. Staff
does not have concerns with the request for a reduced side yard setback of 3.32 metres rather
than the required 6.0 metres. The remaining variance requests are required as they will
recognise legal non-complying side yard setbacks and corner lot width. It is staffs opinion that
the requested variances meet the intent of the Zoning By-law.
The variances are considered minor. The first requested variance allows for adequate separation
from the proposed addition to abutting residential properties and road right-of-way whereas the
remaining variances will legalize the existing building's non-complying setbacks. As such no
impact to adjacent lands is anticipated.
The requested variances are appropriate for the development and use of the land as the
proposed addition will be compatible with the subject property and the balance of dwellings within
the neighbourhood. The proposal will also create an on-site location for the required parking for
the single detached dwelling. Staff is of the opinion that the proposal is consistent with the low
density character of the neighbourhood.
COMMITTEE OF ADJUSTMENT -155 - JUNE 19, 2012
6. Submission No.: A 2012-039 (Cont'd)
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Chris Lebrun & Andrea Smiley requesting permission to construct a
garage with driveway access from Argyle Street, having a side yard setback abutting Argyle
Street of 3.32m (10.9') rather than the required 6m (19.69') from any part of the building to
accommodate off-street parking; and to legalize an existing side yard setback from Argyle Street
to the existing dwelling of 2.4m (7.88') rather than the required 4.5m (14.77'), an existing easterly
side yard setback of 1.06m (3.48') rather than the required 1.2m (3.94') and an existing lot width
of 13.41m (44') rather than the required 15m (49.2'), on Lot 55 and Part Lot 56, Registered Plan
248, 76 Earl Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the owner shall obtain a building permit from the City's Building Division for the
garage.
It is the opinion of this Committee that:
The variances requested in this application are 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 2012-040
Applicant: Activa Holdings Inc.
Property Location: 75 Woodbine Avenue
Legal Description: Lot 110, Registered Plan 58M-338
Appearances:
In Support: Stewart McKechnie
Ted Strauss
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
family dwelling having a driveway located 7.8m (25.59') from the intersection of Woodbine
Avenue and Sienna Crescent rather than the required 9m (29.53').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is located at 75 Woodbine Avenue and is currently undeveloped. The
property has a frontage of 14.96 metres, a depth of 31.64 metres, and a lot area of 466.3 square
metres.
The property is zoned as Residential Three (R-3) with Special Regulation Provision 403R, which
requires a minimum lot width of 11 metres, a minimum lot area of 320 square metres, a maximum
width of a garage, measured from outside walls, to be 50% of the lot width, and that a garage
shall not extend in front of the ground floor habitable portion of the dwelling more than 1.8 metres,
and in no case shall a garage be closer to the street line than either the habitable portion of the
dwelling or the porch or verandah. The property is designated as Low Rise Residential in the
City's Official Plan.
Relief is being sought from Section 6.1.1.1.b.iv of the Zoning Bylaw to reduce the required
minimum driveway setback from a street line for a driveway on a corner lot from 9.0 metres to 7.8
metres.
COMMITTEE OF ADJUSTMENT -156 - JUNE 19, 2012
7. Submission No.: A 2012-040 (Cont'dl
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 owner is proposing to develop the property with a single detached dwelling
with an attached two car garage that is consistent with other development on the street and the
newly developed surrounding neighbourhood.
The variance meets the intent of the Zoning By-law as the purpose of a 9.0 metre setback is to
ensure clear visibility at the intersection for motorists and pedestrians. The purpose of the
setback regulation is also to ensure that no driveway is located at or near an intersection in order
to create a safer intersection with fewer potential turning movements. The provided 7.8 metre
setback, combined with the existing municipal boulevard, creates a setback that is greater than
9.0 metres in total, thereby meeting the intent of the distance separation in the By-law.
The variance is considered minor as there is adequate separation between the proposed
driveway and the intersection of Sienna Crescent.
The variance is appropriate for the development and use of the land as the variance will permit
the lot to be developed with a single detached dwelling with a double car garage that is
compatible with the existing streetscape. The By-law permits a driveway that is as wide an as an
attached garage.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Activa Holdings Inc. requesting permission to construct a single family
dwelling having a driveway located 7.8m (25.59') from the intersection of Woodbine Avenue and
Sienna Crescent rather than the required 9m (29.53'), on Lot 110, Registered Plan 58M-338, 75
Woodbine Avenue, 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
8. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Written Submissions
A 2012-041
KW Habilitation Services
108 Sydney Street South
Lots 81 to 92, Registered Plan 262, Part Lot 162, Streets and Lanes
Ann Bilodeau
Matt Bolen
Cindy Cowgill
None
None
COMMITTEE OF ADJUSTMENT -157 - JUNE 19, 2012
8. Submission No.: A 2012-041 (Cont'dl
The Committee was advised that the applicant is requesting permission to construct a medium
density commercial residential building having a side yard setback of 1.4m (4.6') rather than the
required 3m (9.85') for a building with a height exceeding 10.5m (34.45'); and a minimum floor
space ratio of 0.39 rather than 0.6.
The Committee considered the report of the Planning Division, dated June 1, 2012, advising that
the subject property is located on the north side of Sydney Street South, between Charles Street
and Nyberg St. The property is a through lot, with frontage on both Sydney Street South and
Ottawa Street South. The property is designated Medium Density Commercial Residential in the
Mill Courtland-Woodside Park Secondary Plan and the zoning is Commercial-Residential Two
Zone, with Special Regulation 1R.
The property is presently developed with an old industrial building that for the past 41 years has
accommodated the office and educational establishment needs of K-W Habilitation Services.
Due to the age of the building and the needs of K-W Habilitation Services, they are in the process
of securing funding to construct a new facility on the property.
To this end, the applicant is requesting relief from Section 45.3.6 of Zoning By-law 85-1 which
requires a 3.0 metre side yard setback, whereas the applicant is requesting a 1.4 metre side yard
setback, and relief from Section 45.3.1 of Zoning By-law 85-1 which requires a minimum floor
space ratio of 0.6, whereas the applicant is requesting a minimum floor space ratio of 0.39.
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 variances meet the intent of the Official Plan. The intent of the medium density commercial
residential designation is to provide for a range of residential and non-retail commercial uses
fronting onto arterial or collector roads. The proposed variances will allow the proposed building
to be located on the west side of the property fronting Ottawa Street South which is a primary
arterial road. This configuration allows space for a future phase two residential development on
the east portion of the site fronting Sydney Street South.
The variances meet the intent of the Zoning By-law. The purpose of the 3.0 metre side yard
setback requirement is to ensure that there is adequate separation distance between uses as the
CR-2 zoning does not have a height restriction for buildings. As the proposed building is two
stories in height, a side yard setback of 1.4 metres will provide adequate separation from the
adjacent property and will also allow for any required maintenance of the building. The reduction
in floor space ratio to 0.39 meets the intent of the Zoning By-law, as the proposed development is
the first phase of a two phase development. The applicant intends to construct a multiple
dwelling as phase two of the redevelopment of the site which will increase the floor space ratio to
meet or exceed the minimum requirement of 0.6.
The variances are considered minor. As mentioned above, the proposed 1.4 metre side yard
setback will maintain adequate separation between properties and allow for any required building
maintenance. The reduction in floor space ratio is also minor as the proposed development is
intended to be the first phase of redevelopment of the property. The future phase two
development will increase the floor space ratio to meet or exceed the minimum requirement of
0.6.
The variances are appropriate for the development and use of the land. The proposed building
will create a street presence on Ottawa Street South and the use of the property will also support
the future rapid transit line that is proposed to run along Ottawa Street South in front of the site.
The reduced side yard setback allows adequate space for any required building maintenance and
provides an appropriate separation from the adjacent property.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
COMMITTEE OF ADJUSTMENT -158 - JUNE 19, 2012
8. Submission No.: A 2012-041 (Cont'd
That the application of KW Habilitation Services requesting permission to construct a medium
density commercial residential building having a side yard setback of 1.4m (4.6') rather than the
required 3m (9.85') for a building with a height exceeding 10.5m (34.45'); and a minimum floor
space ratio of 0.39 rather than 0.6, on Lots 81 to 92, Registered Plan 262, Part Lot 162, Streets
and Lanes, 108 Sydney Street South, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is
being maintained on the subject property.
Carried
9. Submission No.: A 2012-042
Applicant: Jon Strickland & Dana Urosevic-Strickland
Property Location: 144 Waterloo Street
Legal Description: Part of Lot B, Registered Plan 386
Appearances:
In Support: Greg Schnarr
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize an existing
westerly side yard of 0.09m (0.3') rather than the required 1.2m (3.94') and an existing easterly
side yard of 1.89m (6.2') rather than the required 3m (9.85').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is located at 144 Waterloo Street, south of Bismark Street. The applicant is
seeking relief from Section 39.2.1 a) for a northern side yard setback of 0.09 metres whereas the
Zoning By-law 85-1 requires 1.2 metres. Similarly, the applicant is seeking relief from Section
39.2.1 d) for a southern side yard setback of 1.89 metres, whereas the By-law requires 3.0
metres. The subject side yard variances will legalize existing conditions. The applicant proposes
to build an addition to the existing dwelling that will comply with zoning regulations.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The variance meets the intent of the Official Plan. The intent of the Low Rise Residential
designation is to accommodate a mix of housing forms to achieve an overall low intensity of use.
The proposed variances will allow the existing side-yard setback deficiencies to be rectified, while
maintaining the scale, use and character of the property. Thus, the proposed variance will
maintain the low-density character of the neighbourhood.
The variance meets the intent of the Zoning By-law. The intent of the side yard setback is to
provide sufficient separation between neighbouring properties and to provide the property owner
with access to the rear yard via the side yard. The deficiencies have existed for a number of
years without incidence, which suggests that the existing setbacks provide sufficient separation
between properties and adequate rear-yard access.
The variance is minor. As mentioned, the deficiencies are existing conditions. Allowing the
variance will not result in any discernable impact on the neighbourhood character or on
neighbouring properties. Furthermore, the variance will provide sufficient separation from
neighbouring properties.
COMMITTEE OF ADJUSTMENT -159 - JUNE 19, 2012
9. Submission No.: A 2012-042 (Cont'dl
It is noted that there are large trees situated directly opposite of the proposed addition, at 148
Waterloo Street. Environmental Planning staff has some concerns that the works associated with
the proposed addition may impact the root zone of the trees. To address this concern, Staff is
recommending that an arborist's report be conducted and its recommendations implemented to
the satisfaction of the Director of the Planning Division prior to the issuance of a building permit
for the addition.
The variance is appropriate for the development and use of the land. The variances are
consistent with the established character of the neighbourhood. Planning staff does not anticipate
that the variances will negatively affect the neighbourhood.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Mr. Greg Schnarr attended in support of the minor variance application, advising that an existing
tree on the adjacent property has been identified as a safety concern because of how it has
grown to angle overtop of a residential dwelling. Mr. Schnarr noted the condition of approval
requested by the City's Environmental Planner to obtain an arborist's report, questioning if
provision of a letter from the neighbouring property owner agreeing to take down the tree would
be sufficient in lieu thereof. He advised that he had discussed the matter with the neighbouring
property owner who has indicated agreement to removal of the tree.
Mr. B. Bateman suggested that the condition of approval be modified to provide an "either / or"
condition wherein, the applicant would submit either a letter of agreement from the neighbouring
property owner for removal of the tree or in the absence of same, fulfill the condition as requested
by the Environmental Planner.
At the request of Mr. Bateman this meeting was temporarily adjourned at 10:40 a. m. to allow him
to consult with the Environmental Planner. This meeting reconvened with all members present at
10:50 a. m.
Mr. Bateman advised that the Environmental Planner is agreeable to the suggested approach of
an "either / or" condition.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Jon Strickland & Dana Urosevic-Strickland requesting permission to
legalize an existing westerly side yard of 0.09m (0.3') rather than the required 1.2m (3.94') and
an existing easterly side yard of 1.89m (6.2') rather than the required 3m (9.85'), on Part of Lot B,
Registered Plan 386, 144 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
1. That the owner shall obtain a building permit from the City's Building Division for the new
addition.
2. That prior to any grading or issuance of a building permit, the owner shall submit a letter
from the adjacent property owner at 148 Waterloo Street to the City's Planning Director
confirming agreement to the removal of a tree located at 148 Waterloo Street which may
be impacted by construction of the addition to 144 Waterloo Street; or alternatively,
That prior to any grading or issuance of a building permit, the owner shall submit an
arborist's report, prepared by a qualified consultant, to the satisfaction of the City's Director
of Planning showing:
i. the proposed location of all buildings (including accessory buildings and structures),
decks and driveways;
ii. the location of any existing buildings or structures to be removed or relocated;
iii. the proposed grades and drainage;
iv. the location of all trees to be preserved, removed or potentially impacted on or
adjacent to the subject lands, including notations of their size, species and condition;
v. justification for any trees to be removed; and,
vi. outline tree protection measures for trees to be preserved.
COMMITTEE OF ADJUSTMENT -160 - JUNE 19, 2012
9. Submission No.: A 2012-042 (Cont'd)
It is the opinion of this Committee that:
The variances requested in this application are 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
10. Submission No.: A 2012-043
Applicant: Christopher & Heather Inch
Property Location: 236 Lydia Street
Legal Description: Part Lots 11 and 12, Registered Plan 284
Appearances:
In Support: Greg Schnarr
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize an existing
westerly side yard of 0.74m (2.43') rather than the required 1.2m (3.94') and an existing easterly
side yard of 2.82m (9.26') rather than the required 3m (9.85') to be extended by 2.72m (8.9') to
accommodate a rear addition.
The Committee considered the report of the Planning Division, dated May 23, 2012, advising that
the subject property is located at 236 Lydia Street and is developed with a single detached
dwelling. The property is zoned Residential Four (R-4) in the Zoning By-law and is designated
Low Rise Residential in the City's Official Plan.
The applicant is seeking relief from Section 38.2.1 of the Zoning By-law to legalize the existing
side yards to permit a left side yard setback of 0.74 metres whereas 1.2 metres is required and a
right side yard of 2.86 metres whereas 3.0 metres is required. As per Section 5.15 of the Zoning
By-law (Existing Residential Development clause), the owner must legalize the existing side
yards prior to increasing the building floor area. The applicant is proposing an addition at the rear
of the existing building and has advised that the addition will have a right side yard setback of
2.82 metres to align with the existing right side yard setback of the dwelling.
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 variances:
The requested variance to legalize the existing side yard setbacks 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 proposed building as well as
compatibility of the streetscape is encouraged for new infill residential developments within
existing neighbourhoods. The variance is requested to legalize the existing side yards. The
addition is proposed to the rear of the existing building and will not have an impact on the existing
streetscape.
The requested variance meets the intent of the Zoning By-law. The intent of the side yard
setbacks is to provide for adequate separation between adjacent dwelling units. The requested
left side yard setback is only proposed to legalize the existing building and the required right side
yard setback is requested to legalize the existing building and also allow the proposed addition to
continue the existing right side yard setback. In this section of Lydia Street, the majority of the
existing dwellings feature a driveway leading to the rear yard along the right property line. The
off-setting of the buildings from the centre of the property along this section of Lydia Street allows
for adequate separation between dwellings.
COMMITTEE OF ADJUSTMENT -161 - JUNE 19, 2012
10. Submission No.: A 2012-043 (Cont'dl
The requested variance is considered minor as the proposed development will occur within the
existing setback and as such will likely have no impact on the adjacent lands and overall
neighbourhood.
The requested variance is appropriate for the development and use of the land as the proposed
addition will provide the same separation from the side lot line as what currently exists. The
proposed addition will be compatible with the subject property and the balance of dwellings within
the neighbourhood. Staff is of the opinion that the proposal is consistent with the low density
development of the neighbourhood.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Christopher & Heather Inch requesting permission to legalize an existing
westerly side yard of 0.74m (2.43') rather than the required 1.2m (3.94') and an existing easterly
side yard of 2.82m (9.26') rather than the required 3m (9.85') to be extended by 2.72m (8.9') to
accommodate a rear addition, on Part Lots 11 and 12, Registered Plan 284, 236 Lydia Street,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall obtain a building permit from the City's Building Division for the new
addition.
It is the opinion of this Committee that:
1. The variances requested in this application are 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
11. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
A 2012-044
Paul Enns & Marie-Anne LeDoare
73 Edmund Road
Lot 54, Registered Plan 657
Marie-Anne LeDoare
None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct an addition
to an existing garage having a southerly side yard setback of 0.39m (1.28') rather than the
required 0.6m (1.97').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is located at 73 Edmund Street and is currently developed with a single
detached dwelling with an accessory building in the rear. The property is zoned Residential Four
(R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan.
The owners are proposing to construct an addition to the existing accessory building for the
purpose of acquiring additional storage space. The proposed overall floor area will be in excess
of 9.9 square metres. The addition will be built within the existing legal non-complying side yard
COMMITTEE OF ADJUSTMENT -162 - JUNE 19, 2012
11. Submission No.: A 2012-044 (Cont'dl
setback of the existing accessory building. As such, relief is being sought from Section 5.5.2 c) of
the Zoning By-law 85-1 to allow an accessory structure in excess of 9.9 square metres to have a
side yard setback of 0.39 metres rather than the required 0.6 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 offers the following comments regarding
the requested minor variance:
The requested minor 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 proposed addition will not impact the intensity or scale of the
residential property and surrounding area.
The requested minor variance meets the intent of the Zoning By-law 85-1. The purpose of the
required 0.6 metres side yard setback is to allow for adequate separation from the abutting
property to allow for maintenance of the portion of the accessory building adjacent to the property
line and to ensure that eaves do not encroach onto neighbouring property. The addition will be
built within the side yard setback in line with the existing accessory building and hence will not
worsen the situation. The proposed development will occur within the existing setback and as
such will likely have no impact on the adjacent lands and overall neighbourhood.
The requested variance can be considered minor as the addition will be constructed in line with
the side yard setback of the existing structure. This will allow for an appropriate building design
that is consistent with the existing accessory building and will not encroach further into the
existing legal non-complying side yard setback.
The variance is appropriate for the development and use of the land. Accessory buildings are
permitted in the Residential Four Zone and the Low Rise Residential designation. The addition
will allow for more storage space for the owner's purposes and will be constructed at a scale that
is compatible with the existing accessory structure. The proposed variance will not impact the
existing character of the subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Paul Enns & Marie-Anne LeDoare requesting permission to construct an
addition to an existing garage having a southerly side yard setback of 0.39m (1.28') rather than
the required 0.6m (1.97'), on Lot 54, Registered Plan 657, 73 Edmund Road, Kitchener, Ontario,
BE APPROVED, subject to the following condition:
1. That the owner shall obtain a building permit from the City's Building Division for the
garage addition.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is
being maintained on the subject property.
Carried
12. Submission No.: A 2012-045
Applicant: Monarch Corporation
Property Location: Terrington Crescent
Legal Description: Lot 76, Registered Plan 58M-528
COMMITTEE OF ADJUSTMENT -163 - JUNE 19, 2012
12. Submission No.: A 2012-045 (Cont'd)
Appearances:
In Support: Kristen Barisdale
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
family dwelling on a corner lot having a driveway located 7.84m (25.73') from the intersection of
Terrington Crescent rather than the required 9m (29.53').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is located at the southwest corner of Terrington Crescent. The land is
currently undeveloped. The applicant proposes to develop the property with a single detached
dwelling. The subject land is designated Low Rise Residential in the Official Plan, and is zoned
Residential Four (R4) in Zoning By-Law 85-1.
The applicant is seeking relief from Section 6.1.1.1 b) iv) of Zoning By-Law 85-1. The applicant
requests that an access driveway be located 7.5 metres from the bend in Terrington Crescent,
whereas the By-Law states that an access driveway on a corner lot shall not be located closer
than 9.0 metres to the intersection.
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 for the following reasons. The intent of the Low
Rise Residential designation is to accommodate a full range of housing types to achieve a low
overall intensity of use. The proposed variance will not result in an increase in the height or
density to the proposed single-detached dwelling. Thus, the variance will maintain the intent of
the Low-Rise Residential designation.
The variance meets the intent of the Zoning By-law for the following reasons. The intent of the
9.0 metre separation between the access driveway and the intersection is to ensure that vehicles
do not back directly into any oncoming traffic on Terrington Crescent when they are reversing out
of the driveway. It is staffs opinion that since household vehicles are at a maximum of 5.5 metres
in length, the proposed distance separation of 7.84 metres between the access driveway and the
abutting intersection will still allow vehicles to egress at a safe distance. Transportation staff has
also indicated that they have no concerns with the proposed variance.
The variance is minor for the following reasons. As mentioned above, the proposed 7.84 metres
will allow vehicles to safely egress onto Terrington Crescent. The By-law also requires that the
7.5 metre corner visibility triangle be kept free of obstructions. The development will meet this
and all other zoning by-law requirements and thus will have minimal impact on neighbouring
properties.
The variance is appropriate for the development and use of the land for the following reason. The
variance will not alter the height or density of the proposed development, but will maintain the
low-rise residential character of the neighbourhood.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
The Committee considered the report of Kitchener-Wilmot Hydro, dated June 6, 2012, advising
that they request 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.Om clearance to all poles and street light standards.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
COMMITTEE OF ADJUSTMENT -164 - JUNE 19, 2012
12. Submission No.: A 2012-045 (Cont'd)
That the application of Monarch Corporation requesting permission to construct a single family
dwelling on a corner lot having a driveway located 7.84m (25.73') from the intersection of
Terrington Crescent rather than the required 9m (29.53'), on Lot 76, Registered Plan 58M-528,
Terrington Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the variance as approved shall be in accordance with the drawings submitted with
Minor Variance Application, Submission No. A 2012-045.
2. That the owner shall locate driveways clear of submersible transformer vaults and provide
a minimum of 1.Om clearance to all hydro 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
13. Submission No.: A 2012-046
Applicant: Catherine May
Property Location: 57 Indiana Street
Legal Description: Part Lot 100, Registered Plan 157
Appearances:
In Support: Earl May
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct an addition
having a front yard setback of 3.11m (10.21') rather than the required 4.5m (14.77') and an
easterly side yard setback of 0.7m (2.3') rather than the required 1.2m (3.94').
The Committee considered the report of the Planning Division, dated June 11, 2012, advising that
the subject property is municipally addressed as 57 Indiana Street and is located near the
northwest corner of the intersection of Indiana Street and Mansion Street. The property is zoned
Residential Five (R-5) with Special Use Provision 129U in the City's Zoning By-law 85-1. Special
Provision 129U prohibits multiple dwellings. The property is designated as Low Rise
Conservation -Ain the Central Frederick Secondary Plan within the City's Official Plan.
The applicant is seeking relief from Section 39.2.1 of Zoning By-law 85-1 to permit a front yard
setback of 3.11 metres whereas 4.5 metres is required and a side yard setback of 0.7 metres
whereas 1.2 metres is required. The applicant is seeking relief from the By-law in order to
construct a front yard addition.
During the site visit it was confirmed that the proposed front yard addition would obstruct the
driveway visibility triangle. Section 5.3 of Zoning By-law 85-1 regulates prohibited obstructions in
visibility triangles. No obstruction to visibility is permitted within a driveway visibility triangle. As a
result, Planning staff provided the applicant with two options for moving forward.
First, the applicant could revise the plans so that the proposed front yard addition does not
obstruct the driveway visibility triangle. Second, the applicant could amend their minor variance
application to seek relief from Section 5.3 of Zoning By-law 85-1. The applicant chose to submit
revised plans for the proposed front yard addition, which demonstrate that the addition will not
obstruct the driveway visibility triangle.
COMMITTEE OF ADJUSTMENT -165 - JUNE 19, 2012
13. Submission No.: A 2012-046 (Cont'd
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
The requested variance to permit a reduced front yard setback and a reduced right side yard
setback meets the intent of the Official Plan. Low Rise Residential districts allow for a range of
housing types and favour the mixing and integration of different forms of housing to achieve low
densities. The housing policies of the Official Plan support residents who wish to adapt their
housing needs that change over time. The policies indicate that additions to residential buildings
in low density neighbourhoods should be consistent with the massing, scale, design and
character of the neighbourhood. The existing housing type is a single detached dwelling. The
variance is requested to permit a reduced front yard and right side yard setback in order to
facilitate a kitchen expansion. The addition is proposed to the front of the existing building and in
line with the existing right side yard. The addition will feature a similar massing, scale and design
to the existing house. The existing streetscape features a range of housing types and scales (1,
1 '/2 and 2 storey single detached dwellings and 3 storey multiple dwellings) with a range of front
yard and side yard setbacks as well as a range of building designs. As a result, the addition will
not negatively impact the existing streetscape or the character of the neighbourhood.
The requested variances to permit a reduced front yard setback and a reduced right side yard
setback meet the intent of the Zoning By-law. The intent of the front yard setback is to maintain a
consistent setback along the street. The existing streetscape features a range of front yard
setbacks (3-14 metres). The properties immediately adjacent to the subject property feature a
minimum front yard setback of 3 metres and a maximum front yard setback of 4 metres. The
reduced front yard setback will be consistent with neighbouring properties. The intent of the side
yard setback is to provide for adequate separation between adjacent dwelling units. The
requested 0.7 metre side yard setback is consistent with the existing building. Indiana Street
features driveways leading to the rear yard along one side yard and a decreased setback on the
opposite side yard. The off-setting of the buildings from the centre of the property along the street
allows for adequate separation between dwellings.
The requested variances are considered minor because adaptations to existing housing needs
that change over time are permitted in the City's Official Plan; a single detached dwelling is
permitted in the City's Official Plan and Zoning By-law; the addition will feature a similar massing,
scale and design to the existing building; an adequate front yard setback is provided ensuring
consistency along the streetscape; and, an adequate right side yard setback is provided ensuring
appropriate separations between adjacent dwelling units. As a result, the variances will not
negatively impact the neighbourhood.
The variance is appropriate for the development and use of the land because the requested
variances will allow the existing dwelling to be adapted in a manner that is compatible with
adjacent properties and the Indiana Street streetscape. No negative impacts are anticipated from
the variances.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 4, 2012, advising that they have no concerns with this application.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Catherine May requesting permission to construct an addition having a
front yard setback of 3.11m (10.21') rather than the required 4.5m (14.77') and an easterly side
yard setback of 0.7m (2.3') rather than the required 1.2m (3.94'), on Part Lot 100, Registered
Plan 157, 57 Indiana Street, Kitchener, Ontario, BE APPROVED, subject to the following
condition:
1. That the owner shall obtain a building permit from the City's Building Division for the front
yard addition.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property
COMMITTEE OF ADJUSTMENT -166 - JUNE 19, 2012
13. Submission No.: A 2012-046 (Cont'd)
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 2012-016
Applicant: John & Dorris Moyer
Property Location: 1593 Highland Road West
Legal Description: Part Lot 38, German Company Tract
Mr. A. Head disclosed a pecuniary interest and abstained from all discussion and voting in regard
to this matter as his consulting firm represents a client who may benefit from the outcome of this
consent application. Mr. Head left the meeting during consideration of this application and Mr. B.
McColl assumed the Chair.
Appearances:
In Support: Jeff Accan
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to grant a servicing
easement having a width of 14.810m (48.59'), a depth of 4.5m (14.77') and an area of 66.6 m2
(716.9 sq.ft), for access to water and sanitary sewer over part of 1593 Highland Road West in
favour of the abutting property identified as Part Lot 38, German Company Tract, Highland Road
West.
The Committee considered the report of the Planning Division, dated June 8, 2012, advising that
the subject property located at 1593 Highland Road West is designated Arterial Commercial
Corridor in the City's Official Plan and is zoned Arterial Commercial (C-6) in the City's Zoning By-
law.
Last year, the Committee may recall approving applications B2011-027 and 028 to provide for a
4.5 metre wide servicing easement along the rear of properties addressed as 1593 and 1603
Highland Road West, respectively. The purpose of that easement was to facilitate the extension
of municipal services from Rauch Court through Block 109 to the rear property line of 1593
Highland Road and then extending westerly along the rear property line of 1603 Highland Road
and terminating at 1615 Highland Road West, as shown on Figure 1.
With application B2012-016, the owner of the vacant lot located to the immediate east of 1593
Highland Road and legally described as Part Lot 38, GCT, would also like to obtain municipal
services. To do so, the owner of 1593 Highland Road West is applying to the Committee to
create a 4.5 metre wide by 14.8 metres long easement that would allow for the easterly extension
of municipal services to Part Lot 38, GCT shown above in Figures 1 and 2.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the servicing easement is considered
good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy
Statement in requiring new development to be on municipal services. he proposed easement is
appropriate and suitable for the existing use and any proposed use of the subject and adjacent
lands.
The Committee considered the report of the Region of Waterloo, Planning, Housing & Community
Services, dated June 7, 2012, advising that they have no objection to this application.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
COMMITTEE OF ADJUSTMENT -167 - JUNE 19, 2012
1. Submission No.: B 2012-016 (Cont'd)
That the application of John & Dorris Moyer requesting permission to grant a servicing easement
having a width of 14.810m (48.59'), a depth of 4.5m (14.77') and an area of 66.6 m2 (716.9 sq.ft),
for access to water and sanitary sewer over part of 1593 Highland Road West in favour of the
abutting property identified as Part Lot 38, German Company Tract, Highland Road West, on Part
Lot 38, German Company Tract, 1593 Highland Road West, Kitchener, Ontario, BE GRANTED,
subject to the following conditions:
1. That a Site Servicing Plan, showing the sanitary connection to the municipal servicing
system and the depth of the sanitary pipe along the easement, shall be submitted to the
satisfaction of the Director of Engineering.
2. That satisfactory arrangements shall be made with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited
reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn
(Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must
be submitted according to the City of Kitchener's Digital Design Standards to the
satisfaction of the City's Mapping Technologist.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the servicing
easement is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and
immediately thereafter, the approved joint maintenance agreement, shall be provided to
the City Solicitor.
6. That the City Solicitor shall be provided with copies of the registered Transfer Easement
and joint maintenance agreement immediately following registration.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being June 19, 2014.
Carried
Mr. A. Head re-enter
2. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
ed the meeting and assumed the Chair.
B 2012-017
2315952 Ontario Inc.
135-139 Huber Street
Lots 149 and 150, Registered Plan 308, designated as Part 2
on Reference Plan 58R-17401
Sean O'Neill
COMMITTEE OF ADJUSTMENT -168 - JUNE 19, 2012
2. Submission No.: B 2012-017 (Cont'd)
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half can be dealt with separately. The land to be severed will have a width on Huber
Street of 7.5m (24.61'), a depth of 50.1m (164.37') and an area of 375.8m2 (4045.21 sq.ft). The
retained land will have a width on Huber Street of 7.5m (24.61'), a depth of 50.09m (164.34') and
an area of 375.7m2 (4044.14 sq.ft). The properties will continue to be used for residential use.
The Committee considered the report of the Planning Division dated June 11, 2012, advising that
the property municipally addressed as 135 & 137 Huber Street. Asemi-detached dwelling is
currently under construction on the property. The surrounding area is comprised mainly of single
detached and semi-detached dwellings.
The property is 751.5 square metres in area with 15.0 metres of frontage on Huber Street and a
lot depth of approximately 50.0 metres.
The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the
semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling
unit.
The application proposes to sever a 375.8 square metre lot with a 7.5 metre lot width and a 50.1
metre lot depth. The proposed retained lot is 375.7 square metres in area with a 7.5 metre lot
width and a 50.0 metre lot depth. The proposed severance would have the effect of allowing
individual ownership of each semi-detached house.
The property is designated Low Rise Residential and is zoned Residential Four Zone (R-4). An
analysis of the sketch provided with the application demonstrates that both severed and retained
lots would comply with the Zoning By-law.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to
the City's Official Plan and that the configuration of the proposed lots can be considered
appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent
with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater
Golden Horseshoe, 2006.
The Committee considered the report of the Region of Waterloo, Planning, Housing & Community
Services, dated June 7, 2012, advising that they have no objection to this application.
The Committee considered the report of Kitchener-Wilmot Hydro, dated June 15, 2012, advising
that they request that approval of this application be subject to the following condition:
Driveways will be located so as to provide a minimum of 1.Om clearance to all poles and
street light standards.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of 2315952 Ontario Inc. requesting permission to sever a parcel of land
having a width on Huber Street of 7.5m (24.61'), a depth of 50.1m (164.37') and an area of
375.8m2 (4045.21 sq.ft) on Lots 149 and 150, Registered Plan 308, designated as Part 2 on
Reference Plan 58R-17401, 135-139 Huber Street, Kitchener, Ontario, BE GRANTED, subject to
the following conditions:
That satisfactory arrangements shall be made with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
COMMITTEE OF ADJUSTMENT -169 - JUNE 19, 2012
2. Submission No.: B 2012-017 (Cont'd
2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited
reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn
(Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file 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 acash-in-lieu contribution for park
dedication in the amount of $3,450.00.
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.
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, to the satisfaction
of the City's Engineering Services.
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 locate driveways a minimum of 1.Om clearance to hydro poles and
street light standards to the satisfaction of Kitchener-Wilmot Hydro.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being June 19, 2014.
Carried
3. Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
B 2012-018
Forest Glen Inc.
700 Strasburg Road
Part Block A, Reference Plan 1416, designated as Part 1
on Registered Plan 58R-2575
Ian Carter
Scott Patterson
COMMITTEE OF ADJUSTMENT -170 - JUNE 19, 2012
3. Submission No.: B 2012-018 (Cont'd)
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having frontage on Block Line Road of 59.03m (193.67'), a depth of 91.1m (298.89') and an area
of 4791.2m2 (51,573.74 sq.ft) for future residential development. The retained lands will continue
to be used as a retail plaza.
The Committee considered the report of the Planning Division, dated June 8, 2012, advising that
the subject property is located at the southwest corner of Strasburg Road and Block Line Road
and contains a commercial plaza (Forest Glen Plaza). Low rise residential development is
located on the opposite side of Block Line Road while a townhouse development is located to the
south. The subject property is split zoned, with the majority of the property, including that portion
containing the plaza building, being zoned C-3, 9R. The other portion of the property which is
vacant and located between the plaza and the vacant lot at the corner of Rittenhouse Road and
Block Line Road is zoned R-9, 342U. The subject property is designated Mixed Use Node in the
City's Official Plan. City Planning staff conducted a site inspection of the property on June 8,
2012.
The property possesses approximately 265 metres of frontage on Block Line Road,
approximately 340 metres of frontage on Strasburg Road, and is approximately 7.5 hectares
(75,000 square metres) in area.
The applicant is requesting consent to sever a parcel of land with frontage on Block Line Road,
with a width of approximately 59.0 metres, a depth ranging between 72.7 metres and 91.1
metres, and an area of approximately 0.5 hectares (4791.2 square metres).
The parcel proposed to be severed is coincident with that portion of the lot that is zoned R-9,
342U. The proposed use of the lot has not been determined. The zoning of the property would
allow a range of higher density residential land uses with a required Floor Space Ratio range of
2.0 to 3.0 and a maximum building height of 35 metres, as well as certain limited commercial
uses as long as they are contained within a residential building. Given the zoning and site
characteristics, staff advises development of the site with a multiple dwelling is the most likely use
of the severed parcel. Staff further advises that there is a likelihood that should the severance be
approved, the severed parcel would be conveyed to the lot at the corner of Rittenhouse and Block
Line Road (which is also zoned R-9 but with a different special zoning provision), for the purposes
of consolidated development.
In speaking with the owner of the plaza, staff understands that the parcel that is proposed to be
severed had been a separate parcel and was owned by the plaza under a separate company
name. Recently, when this parcel and the plaza were sold and put under the same company
name, the parcels merged on title, thereby requiring consent to separate the ownership.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, staff is satisfied that the proposed lot addition is not premature and is in the
public interest. The dimensions and shapes of the severed and retained parcels are appropriate.
In addition, both resultant properties would comply with the Zoning By-law.
Staff recommends that an approval condition be imposed to ensure protection of trees, where
appropriate, via preparation of a tree management plan. In addition, staff recommends a
condition to require a revision to the approved site plan for the plaza to show the removal of the
severed lands. Staff notes that there is no concern with removal of these lands from the site plan
agreement since they are noted as "Future Development" on the site plan.
Staff is of the opinion that the proposed severance is consistent with the Provincial Policy
Statement issued under subsection 3(1) of the Planning Act, conforms to the Growth Plan for the
Greater Golden Horseshoe, and conforms to the City's Official Plan.
The Committee considered the report of the Region of Waterloo, Planning, Housing & Community
Services, dated June 7, 2012, advising that they have no objection to the proposed application,
subject to the following condition:
COMMITTEE OF ADJUSTMENT -171 - JUNE 19, 2012
3. Submission No.: B 2012-018 (Cont'dl
1) That prior to final approval, the owner /developer submits a traffic and stationary noise
study to assess noise levels and indicate to the Regional Municipality of Waterloo
methods to be used to abate traffic noise levels from Block Line Road and any
stationary noise from the adjacent commercial plaza. If necessary the owner /
developer shall enter into a registered agreement with the City of Kitchener to provide
for the implementation of the approved study. Transportation Noise Studies shall be
completed as per Regional Guideline "Regional Municipality of Waterloo Implementation
Guideline for Noise Policies" dated July 14, 1999 and the Noise Consultant must be on
the Region's pre-approved list. The Region requires 4 copies complete with a signed
Consultant's Declaration and Owner's Statement, or,
That prior to final approval, the owner /developer enters into a registered development
agreement with the City of Kitchener to agree that prior to site plan approval, a traffic
and stationary noise assessment will be submitted to and reviewed by the Regional
Municipality of Waterloo and the owner /developer will be required to enter into a
registered development agreement (if necessary) with the City of Kitchener to
implement any recommendations.
Messrs. Ian Carter and Scott Patterson attended in support of the consent application. Mr.
Patterson raised concerns with Conditions 4 to 9, inclusive, suggesting that these conditions can
be dealt with at time of site plan review and if they remain as a condition of approval to the
consent application it will unnecessarily slow down his client in proceeding to sever the subject
lands.
Mr. B. Bateman noted that Engineering staff has begun to add new conditions of approval
stemming from a recently approved Design Manual. He advised that he did not disagree that the
conditions could be dealt with at time of site plan but requested an opportunity to consult with
Engineering staff.
Mr. Head questioned that if the conditions were not applied and unforeseen circumstances
resulted in the proposed development not proceeding to site plan, what guarantee the applicant
could give that would protect the City's interests. Mr. Patterson stated that the subject lands are
not an independent lot being part of an existing plaza and his client has substantive interest in
seeing the proposed development through. Mr. Patterson stated that under the remaining
conditions of approval they are required to sever the subject parcel as a lot addition to adjacent
lands and if the proposed development does not proceed, the consent approval would ultimately
lapse and they would have to return to the Committee with a new application.
This meeting temporarily adjourned at 11:06 a. m. to allow Mr. Bateman to consult with
Engineering staff and reconvened with all members present at 11:15 a.m.
Mr. Eric Riek, Engineering Technologist, addressed questions concerning Engineering conditions
of approval, advising that he had written his comments in respect to site plan and had no
objection to removal of Conditions 4 to 9 as these could be addressed at time of site plan review.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Forest Glen Inc. requesting permission to sever a parcel of land having
frontage on Block Line Road of 59.03m (193.67'), a depth of 91.1m (298.89') and an area of
4791.2m2 (51,573.74 sq.ft) for future residential development, on Part Block A, Registered Plan
1416, designated as Part 1 on Reference Plan 58R-2575, 700 Strasburg Road, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
That satisfactory arrangements shall be made with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited
reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn
(Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file 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 -172 - JUNE 19, 2012
3. Submission No.: B 2012-018 (Cont'dl
3. That the severance of any blocks within the subject lands shall have separate, individual
service connections for sanitary, storm, and water, in accordance with City policies, to the
satisfaction of the City's Engineering Services.
4. That the owner shall obtain approval of a site plan revision for 700 Strasburg Road, in the
form of a site plan revision, and shall pay all applicable fees related to the revision to the
satisfaction of the Manager of Site Development and Customer Service.
5. That the lands to be severed shall be added to the abutting lands to the west known as 5
Rittenhouse Road (at the south east intersection of Rittenhouse Road and Block Line
Road) and title shall 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.
6. 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.
7. That the owner/developer shall submit a traffic and stationary noise study to assess
noise levels and indicate to the Regional Municipality of Waterloo methods to be used to
abate traffic noise levels from Block Line Road and any stationary noise from the
adjacent commercial plaza. If necessary, the owner/developer shall enter into a
registered agreement with the City of Kitchener to provide for the implementation of the
approved study. Transportation Noise Studies shall be completed as per Regional
Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise
Policies" dated July 14, 1999 and the Noise Consultant must be on the Region's pre-
approved list. The Region requires 4 copies complete with a signed Consultant's
Declaration and Owner's Statement; or alternatively,
That the owner/developer enter into a registered development agreement with the City
of Kitchener to agree that prior to site plan approval, a traffic and stationary noise
assessment will be submitted to and reviewed by the Regional Municipality of Waterloo
and the owner/developer shall be required to enter into a registered development
agreement (if necessary) with the City of Kitchener to implement any recommendations.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being June 19, 2014.
Carried
COMMITTEE OF ADJUSTMENT -173 - JUNE 19, 2012
ADJOURNMENT
On motion, the meeting adjourned at 11:20 a.m.
Dated at the City of Kitchener this 19th day of June, 2012.
Janet Billett, AMCT
Acting Secretary-Treasurer
Committee of Adjustment