HomeMy WebLinkAboutAdjustment - 2003-10-21 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD OCTOBER 21, 2005
MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and D. Cybalski.
OFFICIALS PRESENT: Ms. D. Ross, Senior Planner, Ms. T. Malone-Wright, Senior Planner, Ms. D.
Gilchrist, Acting Secretary-Treasurer, and Messrs R. Shamess, Director of
Engineering Services, R. Parent, Traffic Analyst, and B. Sloan, Planner.
Mr. P. Britton, Acting Chair, called this meeting to order at 9:30 a.m.
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the minutes of the regular meeting of the Committee of Adjustment of September 30, 2003, as
mailed to the members, be accepted.
UNFINISHED BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicant:
Property Location:
Legal Description:
Carried
A 2003-024
1205457 Ontario Inc.
Carisbrook Drive/196 Woolwich Street
Parts 1 - 12, Reference Plan 58R-4721, and Part 2, Reference Plan
58R-12341
Appearances:
In Support:
Mr. B. Green
Mr. C. Robson
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to construct a family dwelling
on a parcel of land having a width of 49.99 m (164 ft.) on Carisbrook Drive rather than the
required 60 m (196.8 ff.), and a lot area of 5.629 ha (13.9 acres) rather than the permitted 1.2 ha
(2.96 acres).
The Committee noted the comments of the Grand River Conservation Authority, dated October
16, 2003, in which they advise that they have received and reviewed the Environmental Impact
Study prepared by EMRS, dated October 2003. The comments noted that this study addresses
the concerns of the G.R.C.A., and they have no further objections to the approval of this
application.
The Committee noted the comments of the Development and Technical Services Department,
dated October 17, 2003, advising that based on the Environmental Impact Study, dated October
15, 2003, submitted by the applicant, City staff have no objection to the application, provided any
approval by this Committee is subject to conditions to ensure that development of the site will not
create a negative impact on the natural features or ecological functions of the adjacent
Provincially Significant Melitzer Creek Wetland Complex.
COMMITTEE OF ADJUSTMENT 153 OCTOBER 21, 2003
Submission No.: A 2003-024(Cont'd)
In their comments City staff advise the Committee that a portion of the Walter Bean Grand River
Trail is proposed along Carisbrook Drive on the subject lands. City Council passed a resolution
on April 19, 1999: "...within the Bridgeport North community a network of community trails and
bike routes be established ." Staff note that Section 45 of the Planning Act allows the Committee
to impose conditions when approving applications, and ask the Committee to consider whether
imposing the granting of a right-of-way over Carisbrook Drive to be an appropriate condition in
this circumstance.
Mr. P. Britton declared a conflict of interest with respect to the suggested right-of-way over
Carisbrook Drive for the benefit of the Walter Bean Grand River Trail, as he is a member of the
Board of Directors for the Walter Bean Grand River Trail. He requested that the Committee put
forward a motion to deal with the application without considering the suggested right-of-way.
Once a decision has been made on the application, he will leave the matter of the right-of-way to
be decided by the 2 remaining Committee members.
Moved by Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of 1205457 Ontario Inc. requesting permission to construct a family dwelling
on a parcel of land having a width of 49.99 m (164 ft.) on Carisbrook Drive rather than the
required 60 m (196.8 ft.), and a lot area of 5.629 ha (13.9 acres) rather than the permitted 1.2 ha
(2.96 acres), on Parts 1 - 12, Reference Plan 58R-4721, and Part 2, Reference Plan 58R-12341,
Carisbrook Drive/196 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
The owner shall prepare a Tree Preservation/Enhancement Plan for the subject lands in
accordance with the City's Tree Management Policy, to be approved by the City's
Manager of Design and Development and, where necessary, implemented prior to any
grading, tree removal or application for building permit. Such plan shall include, among
other matters as outlined in the policy (particularly Section 3.4, rev. November 2001), the
identification of a proposed building envelope/work zone, landscaped area, vegetation to
be preserved, and protective fencing / erosion and sedimentation control measures. No
changes to the said plan shall be granted except with the prior written approval of the
City's Manager of Design and Development.
That the 0.3 m (1 ft.) reserve along Sunbridge Crescent adjacent to the subject property
shall be lifted by the City of Kitchener, prior to issuance of a building permit.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
Mr. Britton left the meeting at this time.
Mr. Robson explained that the portion of Carisbrook Drive required for the Walter Bean Grand
River Trail has been offered to the City of Kitchener, who has declined to purchase it. The
proposed purchaser of this property has agreed to offer Carisbrook Drive to the trail association,
but does not want the transfer of the right-of-way as a condition of approval of this application, as
the trail is not relative to this application. Mr. Robson noted that there are safety and liability
issues to consider as Carisbrook Drive has vehicular access, and there is the liability of the bridge
to be considered.
No motion was forthcoming from the Committee to impose a right-of-way over Carisbrook Drive
to the benefit of the Walter Bean Grand River Trail Association.
COMMITTEE OF ADJUSTMENT 154 OCTOBER 21, 2003
Mr. Britton returned to the meeting at this time.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
A 2003-073
NCG Holdings Inc.
185 Glasgow Street
Part of Lot 10, Registered Plan 402, being Part 2, Reference Plan 58R-
4475
Mr. J. Ontonovich
None
None
The Committee was advised that the applicant requests permission to construct an addition with
an easterly sideyard of 0.15 m (0.49 ft.) rather than the required 3 m (9.84 ft.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 14, 2003, in which they note that consideration of this application was deferred at
the September 30, 2003 meeting as a maintenance easement was thought to be required on the
abutting property. Since that time, the applicant has indicated that the wall can be designed and
constructed of maintenance free material. City Building staff have confirmed that if the wall is
constructed of concrete block, the wall would be maintenance free and would provide the
necessary fire ratings and construction requirements.
When questioned by the Committee, Mr. Ontonovich advised that the wall can be constructed of
concrete block which has metal siding on the exterior.
Moved by Mr. Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of NCG Holdings Inc. requesting permission to construct an addition with an
easterly sideyard of 0.15 m (0.49 ff.) rather than the required 3 m (9.84 ft.), on Part of Lot 10,
Registered Plan 402, being Part 2, Reference Plan 58R-4475,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the proposed addition shall be only 1 storey high.
It is the opinion of this Committee that:
185 Glasgow Street
The variance requested in this application is minor in nature.
This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT 155 OCTOBER 21, 2003
CONSENT
1. Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-047
Edward (Ted) Simmons
1218 & 1222 Doon Village Road
Part of Lot 3, Biehn's Tract, Registered Plan 987083, being Part 1,
Reference Plan K1-579-28
2
The Committee was in receipt of a request from the applicant to defer consideration of this
application to November 18, 2003, and the Committee agreed to this request.
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2003-048 & B 2003-049
6058213 Canada Inc.
94 North Hill Place
Part Lot 54, German Company Tract, being Parts 5 & 6, Reference
Plan 58R-4686
Appearances:
In Support: D. Freure
Contra: L. Leeman
Public Submissions:
Chicopee
The Committee was advised that the applicant is requesting permission to sever 2 residential lots,
the first to have a width of 15.5 m (50 ft.), a depth of 77.4 m (250 ft.), and an area of 0.31 acres;
the second to have a width of 20.1 m (65 ff.), a depth of 77.4 m (250 ft.) and an area of 0.36
acres.
The Committee noted the comments of the Development and Technical Services Department,
dated October 15, 2003, offering the opinion that the proposed lots do not comply with the
following criteria in Section 51 of the Planning Act:
Section 51 (24) (e) the number, width, location and proposed grades and elevations of highways
and the adequacy of them, and the highways linking the proposed highways in
the subdivision with the established highway system in the vicinity and
adequacy of them;
Section 51 (24) (i) the adequacy of utilities and municipal services;
Section 51 (24) (d) the suitability of the land for the purposes for which it is to be subdivided; and,
Section 51 (24) (f) the dimensions and shapes of the proposed lots.
In support of their position with respect to the criteria in the Planing Act, staff offer the following:
Zoning By-law 85-1 requires that in order to construct a building on a lot, the Lot must abut a
street. The by-law defines a street as a public highway or road allowance having a minimum
width of 12.19 metres (40 ff.). Reference Plan 58R-460 indicates that for the most part, the
current width of North Hill Place is 6.6 metres (21.72 ff.). In response to the request of this
Committee at the September 30, 2003 meeting, to consider the contamination of the road
allowances of North Hill Place and Chicopee Terrace, staff offer the opinion that the lots would
still not have frontage on a public street as these streets are separated by a large grade
difference, so the new lot(s) would still only have frontage and physical access to a road
allowance which is deficient in width by approximately 50%. The linkage is also important to
consider in light of the City's Emergency Access Policy. Engineering staff verify that the sanitary
sewer capacity is insufficient to permit the creation of another lot on North Hill Place.
Existing and future operations at Chicopee ski area may have an impact on further residential
development without further information; it cannot be determined whether noise attenuation
measure should be incorporated into the construction of the dwellings.
COMMITTEE OF ADJUSTMENT 156 OCTOBER 21, 2003
2
Submission No.: B 2003-048 & B 2003-049 (Cont'd)
In light of the foregoing comments, City staff recommend these applications be refused. Staff
also recommends the preparation of a block plan for the three properties on North Hill Place
which would incorporate the necessary road improvements or identify another acceptable form of
development such as a plan of condominium.
Mr. Freure addressed the Committee advising that when discussion this proposal with
Engineering staff, he received no indication that the sanitary sewers are inadequate for this
proposal. Concerning the Emergency Access Policy. Mr. Freure stated his understanding that
the existing house is except from the policy, and that being the case, he believed the proposed
new lots are both within the 150 m access requirement. Mr. Freure referred to a letter received
from Mr. H. Gross, Engineering Services which Mr. Freure indicated was I support of the severing
of 2 lots from this property, in terms of satisfying Engineering Services requirements; however,
after reviewing this letter, Mr. P. Britton noted that in the letter Mr. Gross recommends the
property owner hire a consulting engineer to determine the adequacy of engineering services.
Mr. Freure requested the Committee approve 1 new lot on the condition that a consulting
engineer be hired to determine the appropriate size of pipe for the sanitary sewer.
Ms. L. Leeman, resident of North Hill Place, was in attendance to voice her opposition to these
applications, based on the inadequate width of North Hill Place. When questioned by the
Committee as to her willingness to participate in a block plan process, Ms. Leeman advised that
she would not want to participate, as she does not want to develop her property.
Submission No. B 2003-048
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of 6058213 Canada Inc. requesting permission to convey a parcel of land
having a width on North Hill Place of 15.5 m (50 ff.), by a depth of 77.4 m (250 ff.), and an area of
0.31 acres on Part Lot 54, German Company Tract, 94 North Hill Place, Kitchener, Ontario, BE
REFUSED.
It is the opinion of this Committee that:
A plan of subdivision is necessary for the proper and orderly development of the
municipality.
The requirements of the Zoning By-law are not being maintained on the severed lands and
the retained lands.
The use of the land in the application does not conform to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Carried
Submission No. B 2003-049
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of 6058213 Canada Inc. requesting permission to convey a parcel of land
having a width on North Hill Place of 20.1 m (65 ff.), by a depth of 77.4 m (250 ff.), and an area of
0.36 acres, on Part Lot 54, German Company Tract, 94 North Hill Place, Kitchener, Ontario, BE
REFUSED.
COMMITTEE OF ADJUSTMENT 157 OCTOBER 21, 2003
2
Submission No.: B 2003-048 & B 2003-049 (Cont'd)
It is the opinion of this Committee that:
A plan of subdivision is necessary for the proper and orderly development of the
municipality.
The requirements of the Zoning By-law are not being maintained on the severed lands and
the retained lands.
The use of the land in the application does not conform to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Carried
Mr. P. Britton voted in opposition to the Committee's decisions stating that it has been a struggle
to find realistic options for this property. As the neighbour seems to have no interest in a block
plan, there seems to be no purpose in a deferral of consideration of these applications. Mr.
Britton stated that he was satisfied that the new lots can gain access, and that he supports the
creation of one new lot, subject to confirmation of the acceptability of the sanitary sewer.
This meeting recessed at 10:00 a.m. to allow the Committee to consider applications for
variances to the City's Sign By-law, and reconvened at 10:05 a.m.
NEW BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicant:
Property Location:
Legal Description:
A 2003-076
584745 Ontario Limited
2 Daimler Drive
Block 123 & 133, Registered Plan 1647 & 1628
Appearances:
In Support: Mr. J. Silaschi
Contra: None
Public Submissions: None
The Committee was advised that the applicant requests permission to construct a single family
dwelling and attached garage with a setback form Lackner Boulevard of 6 m (19.69 ff.) rather
than 12 m (39.37 ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 10, 2003, recommending approval be given to this application.
Moved by Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of 584745 Ontario Limited requesting permission to construct a single family
dwelling and attached garage with a setback form Lackner Boulevard of 6 m (19.69 ff.) rather
than the required 12 m (39.37 ff.), on Block 123, Registered Plan 1647 & Block 133, Registered
Plan 1628, 2 Daimler Drive, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
COMMITTEE OF ADJUSTMENT
1. Submission No.:
158
OCTOBER 21, 2003
A 2003-076 (Cont'd)
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
Carried
A 2003-077
James & Alicia Peters
476 Pioneer Drive
Lot 460, Registered Plan 1404
Ms. A. Peters
None
Ms. L. Shiry
The Committee was advised that the applicant requests permission to construct a rear addition
with a rearyard of 6.4 m (21 ff.) rather than 7.5 m (24.61 ft.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 10, 2003, recommending approval be given to this application.
The Committee considered the written submission of Ms. L. Shiry, the abutting neighbour, in
opposition to this application.
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of James & Alicia Peters requesting permission to construct a rear addition
with a rearyard of 6.4 m (21 ff.) rather than the required 7.5 m (24.61 ff.), on Lot 460, Registered
Plan 1404, 476 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following
condition:
That the applicants shall receive approval of a grading plan from the City's Chief Building
Official.
It is the opinion of this Committee that:
The variance requested in this application is minor in nature.
This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
A 2003-078
Dwayne Quigley
128 Golden Meadow Crescent
Lot 34, Registered Plan 1564
Carried
Ms. J. Quigley
None
Public Submissions: S. & D. McTaggart
COMMITTEE OF ADJUSTMENT
3.
159
OCTOBER 21, 2003
Submission No.: A 2003-078 (Cont'd)
The Committee was advised that the applicant requests permission to legalize a shed with a
sideyard of 0.3 m (1 ft.) rather than 0.6 m (2 ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 15, 2003, recommending approval be given to this application.
The Committee considered the public submission, received this date, from Sandara and Dana
McTaggart, 124 Golden Meadow Crescent, in support of this application.
Moved by Mr. D. Cybalski
Seconded by Mr. B. Isaac
That the application of Dwayne & Jennifer Quigley requesting legalization of a detached
accessory building having a height of 3.3 m and approximate area of 10.7 m2, with a sideyard of
0.3 m (1 ft.) rather than the required 0.6 m (2 ft.), on Lot 34, Registered Plan 1564, 128 Golden
Meadow Crescent, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
A 2003-079
Dan & Catherine Mandic
308 Maple Avenue
Part 1, Lot 10, Registered Plan 174 & Reference Plan 58R-5957
Mr. & Mrs. Mandic
Contra: Mr. Torres
Carried
Public Submissions:
Mr. & Mrs. Torres
The Committee was advised that the applicant requests permission to legalize an existing deck
and ramp with a 0 m sideyard rather than 1.21 m (4 ff.).
The Committee noted the comments of the Development and Technical Services Department,
dated October 15, 2003, in which they clarify that the structure which is at variance is not a deck
but rather a landing and ramp, having a 0 m sideyard, rather than the required 0.75 m. They
recommend approval of the application on the condition that the owners obtain a building permit,
and a City Building Inspector verifies that surface drainage is adequate.
Mr. Mandic explained that previously there had been concrete landing stairs, and a ramp ~n this
location, which had caused drainage problems. Consequently the concrete landing, stairs, and
ramp have been removed and replaced with a wooden landing, stairs, and a ramp, which have
been built to cover the hole left by the previous landing. Mr. Mandic noted that they only have a 5
ff. sideyard so it is not possible to have a landing and ramp large enough for a wheelchair and still
maintain the required sideyard.
COMMITTEE OF ADJUSTMENT
4.
160
OCTOBER 21, 2003
Submission No.: A 2003-079 (Cont'd)
Mr. Torres address the Committee on behalf of his parents who own the abutting property, noting
their concerns deal with safety. It is their opinion that the ramp is not safe. Also, the ramp is too
wide and to close to their home, and people can crawl from the landing onto their fence and
through their window. When his parents are away from home, this situation invites a break-in.
Mr. B. Sloan question whether the neighbours' concerns could be resolved with the installation of
a higher fence, a higher or lower railing on the landing, or the installation of decorative lattice on
top of the fence or railing.
The Committee agreed to stand this application down temporarily, to allow the applicants and
their neighbours to discuss whether a solution to Mr. & Mrs. Torres concerns can be reached.
When the parties returned, they advised that they could not agree on a solution.
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of Dan & Catherine Mandic requesting legalization of an existing landing and
ramp having a sideyard of 0 m rather than the required 0.75 m (2.46 ff.), on Lot 10, Plan 174,
being Part 1, Reference Plan 58R-5957, 308 Maple Avenue, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
That the owners shall obtain a building permit for the landing and ramp.
That a City Building Inspector shall verify that surface drainage from the landing and ramp
is adequate.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
A 2003-080
Donna Bussey
11 Broken Oak Crescent
Lot 416, Registered Plan 1426
Carried
Mr. F. Bandiera
None
Mr. & Mrs. LaBelle
Ms. E. Stagg
Ms. P. Palubeski
Mr. & Mrs. H. Bassani
The Committee was advised that the applicants request permission to construct a carport with a
sideyard of 0.30 m (1 ff.) rather than 1.21 m (4 ff.), and a front yard setback of 4.57 m (15 ft.)
rather than 6 m (19.69 ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 10, 2003, recommending approval be given to this application.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT
5.
161
OCTOBER 21, 2003
Submission No.: A 2003-080 (Cont'd)
The Committee noted the public submissions of the neighbours, dated October 16, 2003,
advising they are in support of the application.
Moved by Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of Donna Bussey requesting permission to construct a carport with a
sideyard of 0.30 m (1 ft.) rather than the required 1.21 m (4 ff.), and a front yard setback of 4.57 m
(15 ff.) rather than the required 6 m (19.69 ff.), on Lot 416, Registered Plan 1426, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
1. That the variances as approved in this application shall apply to the carport generally as
shown on the plans submitted with this application.
2. That there shall be no fence or other attachment to the carport.
3. That eaves troughs on the carport shall not encroach on the abutting property, and all
drainage shall be directed onto the applicant's property.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
A 2003-081
Adrian Rosu
1522 King Street East
Part 1, Lot 5, German Company Tract
Carried
Mr. A. Rosu
Ms. W. Frei
Ms. J. Parks
Ms. G. Benoit
Mr. G. Dancey
Mr. Frei
Ms. J. Parks
The Committee was advised that the applicants request permission to construct an apartment
building, having a height of 14 m (45.93 ff.), with a northerly sideyard of 1.21 m (4 ff.) rather than
3 m (9.84 ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 10, 2003, noting that the application requests a 1.2 m side yard setback for a
building exceeding 10.5 m in height. The building has been designed with a decorative pitched
roof to reflect the general character of the area, and this decorative pitch roof brings the building
height to 14 m, whereas the by-law permits a building height of 10.5 m. The comments note that
the decorative pitch roof was requested by staff.
COMMITTEE OF ADJUSTMENT 162 OCTOBER 21, 2003
Submission No.: A 2003-081 (Cont'd)
Ms. W. Frei advised the Committee that she is representing herself, her husband, and Ms. Parks,
all of whom are opposed to the application. Ms. Frei read aloud her husband's and Ms. Parks'
written submissions.
At the request of the Committee, Mr. Sloan advised that the King Street East Secondary Plan
was adopted by the City in 1990 and the CR-4 zoning was adopted by by-law in 1994. Both
documents designate this area of King Street East as an entrance to the downtown and
encourage high density residential and service commercial uses.
The Committee considered the concerns express by all the neighbours in attendance, which
related, in addition to the 4 ft. sideyard, to issues of development beyond this application, such
as: parking requirements, the amount of asphalt on the property, landscape area, garbage,
lighting, and stormwater management.
It was explained that if the building was constructed with a flat roof, the building would comply
with the height restriction in the zoning by-law, and this application would not be required.
Further, having a pitched roof does not increase the number of units in the building.
Some of the neighbours questioned whether the building could be moved to the other side of the
lot, away from the rear yards on Jackson Avenue. Following discussion it was agreed by all
parties that consideration of this application be deferred to the Committee of Adjustment meeting
of November 18, 2003, to allow staff an opportunity to work with the applicant and the
neighbours, to consider relocating the proposed building to the other side of the lot.
CONSENT
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
Public Submissions:
B 2003-051
Isabelle Kelley
104 Scott Street
Lot 5 & 6 and Part of Lot 4, Registered Plan 364
Mr. B. Kelley
None
None
The Committee was advised that the applicant is requesting permission to give a right-of-way for
ingress and egress to the property at 25 Irvin Street, over a parcel of land having a width of 4.27
m (14 ff.), a depth of 14.939 m (49 ft.), and an area of 63.78 m2 (686.54 sq. ff.).
The Committee noted the comments of the Development & Technical Services Department,
dated October 15, 2003, recommending the application be amended so as to widen the right-of-
way to approximately 6.27 m.
The Committee considered the comments of the Region's Planning, Housing & Community
Services, dated October 15, 2003, advising they have no objections to this application.
The Committee noted the comments of the Grand River Conservation Authority, dated October 7,
2003, advising they have no objections to this application.
At the request of Mr. Kelley, the Committee agreed to consider an amendment to the application
as outlined in the comments of the Development & Technical Services Department.
COMMITTEE OF ADJUSTMENT
1.
163
OCTOBER 21, 2003
Submission No.: B 2003-051 (Cont'd)
Moved by Mr. Mr. B. Isaac
Seconded by Mr. D. Cybalski
That the application of Isabelle Kelley requesting permission to give a right-of-way for ingress and
egress to the property at 25 Irvin Street, over a parcel of land having a width of 6.27 m (20.57 ft.),
a depth of 14.939 m (49 ft.), and an area of 63.78 m2 (686.54 sq. ft.) on Lot 5 & 6 and Part of Lot
4, Registered Plan 364, 104 Scott Street, Kitchener, Ontario, BE GRANTED, subject to the
following conditions:
1. That the owner shall receive approval of draft reference plan showing the proposed right-
of-way from the City's Manager of Design and Development.
2. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding municipal property taxes and/or local improvement changes.
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 October 21,2005.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 12:35 p.m.
Dated at the City of Kitchener this 21st day of October, 2003.
Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment