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HomeMy WebLinkAboutAdjustment - 2003-11-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 18, 2005 MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Planner, and Ms. D. Gilchrist, Acting Secretary-Treasurer. 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 October 21, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2003-081 Adrian Rosu 1522 King Street East Part Lot 5, Subdivision of Lot 1, German Company Tract Appearances: In Support: Mr. A. Rosu Contra: Mr. G. Dancey Public Submissions: None The Committee was advised that the applicant requests permission to construct an apartment building, having a height of 14 m (45.93 ft.), with a northerly sideyard of 1.21 m (4 ft.) rather than the required 3 m (9.84 ft.). The Committee noted the comments of the Development & Technical Services Department, dated November 13, 2003, noting that following the October 21, 2003, Committee of Adjustment meeting, staff met with the applicant and some of the neighbouring property owners to discuss their concerns, and options for building placement. A number of concerns were raised by the applicant when considering relocation of the building to the southern property line, the end result being the preference of the owner to keep the building in its proposed location, due to additional costs and difficulties associated with redesigning the building. Staff also note that if the building was to be designed with a fiat roof, the height would be reduced to a point that this variance would not be required; however, the neighbours indicated a clear preference for a pitched roof. Mr. Rosu addressed the Committee advising that he is prepared to remove those balconies from the building that would face directly into the rear yards of the properties on the northerly side of the subject property. COMMITTEE OF ADJUSTMENT 1. 165 NOVEMBER 18, 2003 Submission No.: A 2003-081 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Adrian Rosu requesting permission to construct an apartment building with a pitched roof, having a height of 14 m (45.93 ft.), with a northerly sideyard of 1.21 m (4 ft.) rather than the required 3 m (9.84 ft.) on Part Lot 5, Subdivision of Lot 1, German Company Tract, 1522 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the development generally approved under site plan application SP 03/30/K/CB. 2. That the variance as approved in this application shall apply to Buildings 1 and 2, with a pitched roof, and containing a maximum of 20 units, as shown on the plan submitted with this application. 3. That there shall be no balconies on the northerly side of these 2 buildings. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-047 Edward (Ted) Simmons 1218 & 1222 Doon Village Road Part Lot 3, Biehn's Tract The Committee was in receipt of a request from the applicant to defer consideration of this application to December 9, 2003, and the Committee agreed to this request. Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-028 & A 2003-046 Octavian & Zlatina Candale 115 South Drive Parts of Lots 264 & 265, Registered Plan 230 The Committee agreed to a request from staff to defer consideration of this application to its December 9, 2003 meeting. The Committee requested a staff report for the December 9th meeting on the merits of this application with and without the addition of the abutting City owned land. The meeting recessed at 10:00 a.m. to allow the Committee to consider applications for variances to the City's Fence and Sign By-laws, and reconvened at 10:30 a.m., with all members present. COMMITTEE OF ADJUSTMENT 166 NOVEMBER 18, 2003 NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2003-082 2018867 Ontario Ltd./Christopher Coupal 116 Walter Street Part Lots 88 & 89, Registered Plan 377 Appearances: In Support: Contra: Public Submissions: Mr. A. Bousfield None None The Committee was advised that the applicant requests permission to construct a duplex with a front porch setback 3 m (9.84 ff.) from Walter Street rather than the required 4.5 m (14.76 ff.). The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, advising that because the proposed covered front porch is greater than 0.6 m above grade, a 4.5 m setback is required and a 3 m frontyard setback is proposed. Staff recommend the variance be approved. Mr. Bousfield appeared in support of the application and the staff recommendation. He advised that each of the units in the building will be 2 storeys, and to lower the front porch would require the basement to be too deep. When questioned by the Committee, Mr. Bousfield advised that the building could not be converted to a triplex, because the interior design of the building does not lend itself to be redivided into more units. Further, the nature of the entrances would not lend itself to a triplex. Mr. B. Sloan advised that the property could not be used as a triplex, as it does not meet the zoning requirements for that use. A discussion took place with respect to staff's comment that a maintenance easement on the abutting property is required for the proposed 0.18 m side yard setback. It was generally agreed that a building permit will not be issued until the maintenance easement is obtained. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 2018867 Ontario Ltd./Christopher Coupal requesting permission to construct a duplex with a front porch setback 3 m (9.84 ff.) from Walter Street rather than the required 4.5 m (14.76 ff.), Part Lots 88 & 89, Registered Plan 377, 116 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to a covered front porch only, and not to an enclosed front porch. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 167 NOVEMBER 18, 2003 Submission No.: Applicant: Property Location: Legal Description: A 2003-083 Conquest Paintball Inc./Hal B. Legget 69 Agnes Street Lots 4 - 7 & Part Lots 1,2, 3 & 18, Registered Plan 324, Part Lot 489, Registered Plan 377, and Part Lots 18, 19 & 20, Registered Plan 139 Appearances: In Support: Mr. H. Leggett Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to provide 30 off-street parking spaces for an indoor paintball business rather than the required 170 spaces. The Committee considered the comments of the Development & Technical Services Department, dated November 12, 2003, in which they advise that the parking provision for a commercial recreational use in this building is legal non-conforming, except for 2 parking spaces required for the addition constructed in the 1980%; which can be provided on a triangular shaped parcel of land at the southeast corner of Dominion & Park Streets. In their comments staff recommend this application be amended to legalize a setback from the southerly lot line for the 1980% addition of 0.67 (2.2 ff.) rather than the required 1.2 m (3.94 ff.); on the condition that the applicant enter into an off-site parking agreement to provide parking on the triangular shaped parcel of land at the southeast corner of Dominion and Park Streets. At the request of Mr. Leggett, the Committee agreed to consider an amendment to this application as recommended by Staff. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Conquest Paintball Inc. requesting legalization of an existing addition having a setback of 0.6 m (2.2 ff.) from the southerly lot line rather than the required 1.2 m (4 ft.), on Lots 4 - 7 & Part Lots 1, 2, 3 & 18, Registered Plan 324, Part Lot 489, Registered Plan 377, and Part Lots 18, 19 & 20, Registered Plan 139, 69 Agnes Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variance as approved in this application is applicable only so long as the property is used for commercial recreation. That the applicant shall enter into an off-site parking agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands and the triangular-shaped parcel of land, owned by the applicant and located at the southeast corner of Dominion Street and Park Street, to guarantee that these lands will provide parking for the commercial recreation use of the existing building at 69 Agnes Street. 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 COMMITTEE OF ADJUSTMENT 3. 168 NOVEMBER 18, 2003 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-085 Tyler Inwood 4 Gildner Street Part Lots 32, 39 & 40, Registered Plan 217 Mr. T. Inwood None None The Committee was advised that the applicant requests permission to install 2 dormers on an existing single family dwelling with an easterly side yard of 0.61 m (2.01 ft.) rather than the required 1.21 m (4 ft.) and a setback from Gildner Street of 1.04 m (3.41 ft.) rather than the required 4.27 m (14 ff.). The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, recommending approval be given to this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Tyler Inwood requesting permission to install 2 dormers on an existing single family dwelling with an easterly side yard of 0.61 m (2.01 ft.) rather than the required1.21 m (4 ft.), and a setback from Gildner Street of 1.04 m (3.41 ff.) rather than the required 4.5 m (14.76 ff.), on Part Lots 32, 39 & 40, Registered Plan 217, 4 Gildner Street, Kitchener, Ontario, BE APPROVED. 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: Public Submissions: Carried A 2003-086 Henry Walser 507 Frederick Street Lot 31 & Part Lots 8 - 12, Registered Plan 42 Ms. K. Barisdale None None The Committee was advised that the applicant requests permission to construct an addition on the westerly side of the funeral home to have a sideyard abutting Becker Street of 1.4 m (4.59 ft.) rather than the required 6 m (19.69 ff.). The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, recommending approval be given to this application. COMMITTEE OF ADJUSTMENT 4. 169 NOVEMBER 18, 2003 Submission No.: A 2003-086 (Cont'd) The Committee noted the comments of Kitchener-Wilmot Hydro, dated November 6, 2003, noting that the applicants will have to relocate an existing hydro pole on the Becker Street side of the property. Mr. Sloan advised that Hydro's requirements will be addressed through the site plan approval process. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Walser Funeral Home/Henry Walser requesting permission to construct an addition on the westerly side of the funeral home to have a sideyard abutting Becker Street of 1.4 m (4.59 ff.) rather than the required 6 m (19.69 ft.), on Lot 31, Part Lots 8 - 12, Registered Plan 42, 507 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the proposed addition only, generally as shown on the plan submitted with 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. Submission No.: Applicant: Property Location: Legal Description: Carried A 2003-087 Collins & Aikman Canada Inc. 265 Breithaupt Street Lots 234 - 243 & Part Lots 244 - 246, Registered Plan 376 and Part Lot 40, Street & Lanes, being Parts 1 - 3, Reference Plan 58R-3539 and Part 1, Reference Plan 58R-4965 Appearances: In Support: Mr. S. Kosky Contra: None Public Submissions: None The Committee was advised that the applicants request legalization of an industrial building with a sideyard abutting Breithaupt Street of 0 m rather than the required 6 m (19.69 ft.). The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, recommending approval be given to this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Collins & Aikman Canada Inc. requesting legalization of an existing industrial building with a sideyard abutting Breithaupt Street of 0 m rather than the required 6 m (19.69 ff.), on Lots 234 - 243 & Part Lots 244 - 246, Registered Plan 376 and Part Lot 40, Street & Lanes, being Parts 1 - 3, Reference Plan 58R-3539 and Part 1, Reference Plan 58R-4965, 265 Breithaupt Street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 5. 170 Submission No.: A 2003-087 (Cont'd) It is the opinion of this Committee that: 1. 2. 3. NOVEMBER 18, 2003 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: Carried A 2003-088 Calabras Canada Limited (Conestoga College Residences) 83, 91 New Dundee Road Lot 4 & Part Lot 5, Plan 1666 The Committee was in receipt of correspondence from the applicant's agent advising that the application has been withdrawn. CONSENT Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: B 2003-052 A. Pereira & S. Alaimo 197 Mill Street Lot 6, Registered Plan 128 Mr. R. Johnson None None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Woodland Road of 13.349 m (43.8 ft.), a depth of 17.591 m (57.71 m), and an area of 235.6 m2 (2,536.06 sq. ft.), for a single family dwelling. The Committee noted the comments of the Development & Technical Services Department, dated November 7, 2003, recommending the application be approved subject to certain conditions. The Committee considered the comments of the Region's Planning, Housing & Community Services, dated November 12, 2003, advising they have no objections to this application. The Committee noted the comments of the Grand River Conservation Authority, dated November 3, 2003, advising they have no objections to this application. Mr. Johnson stated his agreement with the conditions recommended by the Development & Technical Services Department. Moved by Mr. Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of A. Pereira & S. Alaimo requesting permission to convey a parcel of land having a width on Woodland Road of 13.349 m (43.8 ft.), a depth of 17.591 m (57.71 m), and an area of 235.6 m2 (2,536.06 sq. ft.), on Lot 6, Registered Plan 128, 197 Mill Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 1. Submission No.: 171 NOVEMBER 18, 2003 B 2003-052 (Cont'd) 1. That the owners 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. That the owners 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. That the owners shall remove the existing rear additions and deck from the existing dwelling on the retained lands to the satisfaction of the City's Manager of Design and Development. That the owners shall remove one of the existing driveways for the retained lands, which driveway shall be re-instated to the satisfaction of the City's Engineering Services. 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. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 November 18, 2005. Carried ADJOURNMENT On motion, the meeting adjourned at 11:35 p.m. Dated at the City of Kitchener this 18th day of November, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment