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HomeMy WebLinkAbout2014-01-21 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 21,2014 MEMBERS PRESENT: Messrs. D. Cybalski,A. Head and Ms. J. Meader. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Pimentel, Traffic Technologist, Ms. D. Saunderson, Secretary-Treasurer, and Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr.A. Head Seconded by Ms.J. Meader That the minutes of the regular meeting of the Committee of Adjustment held December 10, 2013, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2014-001 Applicants: William and Kim Zinger Property Location: 2121 Hidden Valley Crescent Legal Description: Lot 9, Registered Plan 1741 Appearances: In Support: W.Zinger Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a detached garage with a height of 6.66m (21.85') rather than the permitted 5.5m (18.044'); and a height of the underside of the facia of 6.5m (21.325') rather than the permitted maximum height of the underside of the facia of 3m (9.84'). The Committee considered the report of the Planning Division, dated January 10, 2014, advising that the subject property is an estate lot that backs onto the Grand River and contains a single detached dwelling. The property slopes downward from the front of the property at Hidden Valley Crescent to the rear lot line where it approaches the Grand River [9.29 metre (30.5 foot) drop]. These grade changes mean that while the single detached dwelling is one-and-a-half storeys high at the front, it is at least two full storeys at the rear. The subject property is designated Limited Service Residential in the Official Plan and is zoned Residential One Zone (R-1) with Special Regulation Provision 1R (requires a GRCA permit prior to development) and 183R (requires a minimum lot area of 2,400 square metres)in the Zoning By-law. The owners are seeking to construct an accessory building, to be used to store vehicles and for storage space, between the existing dwelling and the westerly side lot line. The accessory building would be one storey at the front and, due to the aforementioned grade changes, would be 2 storeys at the rear. In order to allow the construction of the building, the applicant is requesting the following minor variances: COMMITTEE OF ADJUSTMENT -2- JANUARY 21,2014 1. Submission No.: A 2014-001 (Cont'd) 1. Requesting that a proposed accessory building be permitted to have a maximum fascia height, measured to the underside of any fascia,of 6.5 metres,whereas the Zoning By-law allows a maximum fascia height of 3.0 metres; and, 2. Requesting that a proposed accessory building be permitted to have a maximum height of 6.66 metres, whereas the Zoning By-law allows a maximum accessory building height of 5.5 metres. It is worth noting a revision to the Zoning By-law pertaining to the calculation for building height was recently approved by City Council and is currently under appeal. Under such circumstances, only the by-law that was in effect prior to the appeal is in effect until the appeal is resolved. Staff notes, however,that the same minor variance request would be necessary under either by-law. It is also worth noting that staff has traditionally used different methodologies in measuring building height and fascia height. Fascia height is measured from the lowest finished grade to the underside of the fascia. In this case, the fascia height is 6.5 metres measured from the lowest point of grade, even though the fascia is only 3.0 metres below the highest point of grade, being that portion of the building facing the street. On the other hand, building height is defined as the vertical distance between the highest finished grade level at the perimeter of the building and the uppermost point of the building. In this case, the highest finished grade is at the front of the proposed building and due to a high roof line,the building height is measured at 6.66 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. The variances meet the intent of the Official Plan for the following reasons. The Official Plan states that where minor variances are proposed to facilitate residential intensification, the overall impact of the minor variances shall be reviewed to ensure that "i) any new buildings and any additions and/or modifications are appropriate in massing and scale and are compatible with the built form and character of the neighbourhood." In this case (and the case for numerous other dwellings on this side of Hidden Valley Crescent), it is expected that to facilitate construction of buildings on a steep slope that buildings be higher at the lowest part of the slope. Staff is also of the opinion that the roof line and the proposed massing and scale are not only compatible but complimentary to the surrounding built form and character. It should be noted that other accessory buildings in the Hidden Valley estate lot neighbourhood have height variances. The variances meet the intent of the Zoning By-law for the following reasons. The intent of the accessory building height restrictions are to help ensure that accessory buildings are not out of character or more dominant than primary buildings and to ensure that they are of an appropriate scale given the reduced setback for such structures (a minimum 0.6 metre side yard setback is required for an accessory building, whereas 3.0 metres is required for a dwelling in the R-1 Zone). In this case, because the accessory building will be set back significantly from the street (approximately 29 metres) and from the building line of the dwelling (approximately 13 metres), the impact is significantly reduced. The accessory building is also lower than the dwelling as viewed from the street. The accessory building will not be out of character or more dominant that the dwelling and will be of an appropriate scale. The variances are minor for the following reasons. The impact on the adjacent property to the west (closest neighbour) is not unacceptably adverse. A 0.65 metre side yard setback will be maintained. In all other residential zones, a minimum 0.6 metre setback has proven to be sufficient. Given the grading constraints of all properties along this stretch of Hidden Valley Crescent,the proposed accessory building height and scale are acceptable. The variances are desirable for the appropriate development and use of the land for the following reasons. The variances will facilitate the construction of a building that will be used for the parking of vehicles and storage space. These are appropriate accessory uses to the main residential use. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 7,2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr.A. Head COMMITTEE OF ADJUSTMENT -3- JANUARY 21,2014 1. Submission No.:A 2014-001 (Cont'd) That the application of William and Kim Zinger requesting permission to construct a detached garage with a height of 6.66m (21.85') rather than the permitted 5.5m (18.044'); and a height of the underside of the facia of 6.5m (21.325') rather than the permitted maximum height of the underside of the facia of 3m (9.84'), on Lot 9, Registered Plan 1741, 2121 Hidden Valley Crescent, Kitchener, Ontario, BE APPROVED,subject to the following conditions: 1. That the owners shall obtain a building permit from the City's Building Division for the proposed accessory building. 2. That the building permit application for the proposed accessory building outlined in Condition 1, include elevation drawings and floor plans that are in general accordance with the elevation drawings and floor plans submitted with Application A 2014-001, to the satisfaction of the City's Director of Planning. 3. That the building permit application for the proposed accessory building outlined in Condition 1, include a plan that demonstrates that the building will be located on the lot in general accordance with the plan submitted with Application A 2014-001, to the satisfaction of the City's Director of Planning. 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 2. Submission No.: A 2014-002 Applicants: Elizabeth Macintosh and Christian Snyder Property Location: 47 Water Street North Legal Description: Part Lot 157, Plan 374 Appearances: In Support: W. Lewis-Vincent Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a roof over an existing porch having a front yard setback of 2m (6.56') rather than the required 3m (9.84'). The Committee considered the report of the Planning Division, dated January 8, 2014, advising that the subject lands are located in downtown Kitchener at 47 Water Street North and currently contain a singled detached dwelling. The current use as a dwelling unit is permitted in the downtown Commercial Residential Zone (D-5). The owner is proposing to add a covered front porch to the existing dwelling, and is requesting a minor variance to permit a front yard setback of 2.0 metres for a covered front porch rather than 3.0 metres. The applicant has indicated to staff that repairs have been made to the existing porch structure and a new railing has been added as well. 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 subject lands are located in the Commercial Residential Downtown Land Use District in the City's Official Plan. This designation permits residential uses and staff are of opinion that the intent of the designation is maintained. COMMITTEE OF ADJUSTMENT -4- JANUARY 21,2014 2. Submission No.:A 2014-002 (Cont'd) The property is zoned Commercial Residential Zone (D-5) which permits dwelling unit (which includes the current use of the building as a single detached dwelling). The house currently contains an uncovered porch which is setback 2.0 metres from the street and which is deemed to comply under regulation 5.15 of the zoning by-law. The owner is proposing to add a roof to the porch and the variance is required because the porch is changing. The intent of the required 3.0 metre front yard setback is to provide space between the front of the dwelling and the public realm and to help preserve a consistent setback to the street. Staff observe that many dwellings along Water Street North are setback less than 3.0 metres from the street, therefore a reduced setback is consistent with other setbacks along the street. Furthermore, as the owner is proposing to add a roof to an existing porch, there will be no actual decrease to the amount of front yard space. As such, staff are of the opinion that the intent of the by-law is maintained. The variance is considered minor and is appropriate for the development and use of the land. The variance will permit a roof to be constructed over the existing porch, improving usability for the owner. The existing setback of the porch to the street will not change as a result of the variance. Further, the existing setback is generally consistent with or greater than, other front yard setbacks along this section of Water Street North. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 7,2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr.A. Head That the application of Elizabeth Macintosh and Christian Snyder requesting permission to construct a roof over an existing porch having a front yard setback of 2m (6.56') rather than the required 3m (9.84'), on Part Lot 157, Plan 374, 47 Water Street North, Kitchener, Ontario, BE APPROVED,subject to the following condition: 1. Prior to construction of the roof structure, the owners shall obtain a building permit for any changes to the guard around the porch, if the porch is greater than 24" above grade, and for the new roof structure,to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission Nos.: B 2014-001 to B 2014-008 Applicant: Milestone Developments Inc. Property Locations: 1518, 1522, 1526, 1530, 1534, 1538, 1542& 1546 Old Zeller Drive Legal Description: Lots 12, 13, 14, 15, 16, 17, 18& 19, Registered Plan 58M-560 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to grant easements for encroachments and maintenance purposes. All parcels are intended for residential development. COMMITTEE OF ADJUSTMENT -5- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) B 2014-001 - 1518 Old Zeller Drive Width- 1.501 m (4.924') Depth-27.908m (91.561') Area-41.889 sq.m. (450.899 sq.ft.) To the benefit of 1522 Old Zeller Drive. B 2014-002- 1522 Old Zeller Drive Width- 1.501 m (4.924') Depth- 27.740m (91.010') Area-41.637 sq.m. (448.184 sq.ft.) To the benefit of 1526 Old Zeller Drive. B 2014-003- 1526 Old Zeller Drive Width- 1.501 m (4.924') Depth-27.49m(90.190') Area-41.262 sq.m. (444.145 sq.ft.) To the benefit of 1530 Old Zeller Drive. B 2014-004- 1530 Old Zeller Drive Width- 1.501 m (4.924') Depth-27.406m (89.914') Area-41.136 sq.m. (442.788 sq.ft.) To the benefit of 1534 Old Zeller Drive. B 2014-005- 1534 Old Zeller Drive Width- 1.501 m (4.924') Depth-27.239m (89.366') Area-40.885 sq.m. (440.090 sq.ft.) To the benefit of 1538 Old Zeller Drive. B 2014-006- 1538 Old Zeller Drive Width- 1.501 m (4.924') Depth-27.072m (88.818') Area-40.635 sq.m. (437.392 sq.ft.) To the benefit of 1542 Old Zeller Drive. B 2014-007- 1542 Old Zeller Drive Width- 1.501 m (4.924') Depth-26.738m (87.723') Area-40.133 sq.m. (431.995 sq.ft.) To the benefit of 1546 Old Zeller Drive. B 2014-008- 1546 Old Zeller Drive Width- 1.501 m (4.924') Depth-26.738m (87.723') Area-40.133 sq.m. (431.995 sq.ft.) To the benefit of 1550 Old Zeller Drive. The Committee considered the report of the Planning Division, dated January 3, 2014, advising that the subject properties are located on the northeast side of Old Zeller Drive, south of the proposed Grand Flats Trail. The lots are currently vacant and are proposed to be developed with single detached dwellings with zero side yard setbacks. The applicant is requesting consent to create 8 easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance)and between 26 and 28 metres in length. The properties are zoned as Residential Four(R-4)which permits single detached dwellings to be sited on a lot with a zero side yard setback where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. The following easements are requested: COMMITTEE OF ADJUSTMENT -6- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) Parts 1 &2 over Lot 12 in favour of Lot 13 Parts 3&4 over Lot 13 in favour of Lot 14 Parts 5&6 over Lot 14 in favour of Lot 15 Parts 7&8 over Lot 15 in favour of Lot 16 Parts 9& 10 over Lot 16 in favour of Lot 17 Parts 11 & 12 over Lot 17 in favour of Lot 18 Parts 13& 14 over Lot 18 in favour of Lot 19 Parts 15& 16 over Lot 19 in favour of Lot 20 With respect to the request, staff does not have any concerns with the application as the easement is required by 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, staff is satisfied that the creation of this easement is considered good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy Statement. The Committee considered the report of the Region of Waterloo, Principal Planner, dated December 24, 2013, advising that although they have no objections to these applications, Water Services staff noted the subject lands require individual pressure reducing valves on each dwelling unit constructed on the lots. This requirement has been secured in Clauses 4.22 and 6.15 of the City's subdivision agreement(for Stage 1 of the subdivision) registered as Instrument WR732556 on December 24,2012. Submission No. B 2014-001 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501m (4.924') a depth of 27.908m (91.561') and an area of 41.889 sq.m. (450.899 sq.ft.) to the benefit of 1522 Old Zeller Drive for encroachment and maintenance purposes, on Lot 12, Registered Plan 58M-560, 1518 Old Zeller Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) 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. COMMITTEE OF ADJUSTMENT -7- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) 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 January 21,2016. Carried Submission No. B 2014-002 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission grant an easement having a total width of 1.501 m (4.924')a depth of 27.740m (91.010')and an area of 41.637 sq.m. (448.184 sq.ft.) to the benefit of 1526 Old Zeller Drive for encroachment and maintenance purposes, on Lot 13, Registered Plan 58M-560, 1522 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s)prepared by an Ontario Land Surveyor in .dwg (AutoCad)or Agn (Microstation)format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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 January 21,2016. Carried COMMITTEE OF ADJUSTMENT -8- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) Submission No. B 2014-003 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501m (4.924') a depth of 27.49m (90.190') and an area of 41.262 sq.m. (444.145 sq.ft.) to the benefit of 1530 Old Zeller Drive for encroachment and maintenance purposes, on Lot 14, Registered Plan 58M-560, 1526 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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 January 21,2016. Carried Submission No. B 2014-004 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501 m (4.924')a depth of 27.406m (89.914')and an area of 41.136 sq.m. (442.788 sq.ft.) to the benefit of 1534 Old Zeller Drive for encroachment and maintenance purposes, on Lot 15, Registered Plan 58M-560, 1530 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: COMMITTEE OF ADJUSTMENT -9- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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 January 21,2016. Carried Submission No. B 2014-005 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501 m (4.924')a depth of 27.239m (89.366')and an area of 40.885 sq.m. (440.090 sq.ft.) to the benefit of 1538 Old Zeller Drive for encroachment and maintenance purposes, on Lot 16, Registered Plan 58M-560, 1534 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT - 10- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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 January 21,2016. Carried Submission No. B 2014-006 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501 m (4.924')a depth of 27.072m (88.818')and an area of 40.635 sq.m. (437.392 sq.ft.) to the benefit of 1542 Old Zeller Drive for encroachment and maintenance purposes, on Lot 17, Registered Plan 58M-560, 1538 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT - 11 - JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) 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 January 21,2016. Carried Submission No. B 2014-007 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501 m (4.924')a depth of 26.738m (87.723')and an area of 40.133 sq.m. (431.995 sq.ft.), to the benefit of 1546 Old Zeller Drive for encroachment and maintenance purposes, on Lot 18, Registered Plan 58M-560, 1542 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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. COMMITTEE OF ADJUSTMENT - 12- JANUARY 21,2014 1. Submission Nos.: B 2014-001 to B 2014-008 (Cont'd) 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 January 21,2016. Carried Submission No. B 2014-008 Moved by Mr.A. Head Seconded by Ms.J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.501 m (4.924')a depth of 26.738m (87.723')and an area of 40.133 sq.m. (431.995 sq.ft.) to the benefit of 1550 Old Zeller Drive for encroachment and maintenance purposes, on Lot 19, Registered Plan 58M-560, 1546 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall provide City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s)and immediately thereafter,the approved joint maintenance agreement. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement(s)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 January 21, 2016. Carried COMMITTEE OF ADJUSTMENT - 13- JANUARY 21,2014 ADJOURNMENT On motion,the meeting adjourned at 10:05 a.m. Dated at the City of Kitchener this 21st day of January, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment