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HomeMy WebLinkAbout2014-07-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 15,2014 MEMBERS PRESENT: Messrs. D. Cybalski and A. Lise and Ms. J. Meader. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:03 a.m. MINUTES Moved by Mr.A. Lise Seconded by Ms.J. Meader That the minutes of the regular meeting of the Committee of Adjustment held June 17, 2014, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission Nos.: B 2014-017&A 2014-020 Applicant: Leanne Leeman Property Location: 99 North Hill Place Legal Description: Part Lot 54, German Company Tract - and- Submission No.: A 2014-021 Applicants: Gerald and Leanne Leeman Property Location: 107-109 North Hill Place Legal Description: Part Lot 54, German Company Tract Appearances: In Support: None Contra: None Written Submissions: None The Committee considered the report of the Planning Division,dated June 18,2014, advising that at the April 15, 2014 Committee of Adjustment meeting the Committee deferred the application to give the applicant time to obtain a survey for the required easement and modify the consent application to include an easement request. The item was to return to the July 15, 2014 Committee meeting; however, the owners have since requested that this item be deferred to a later date to allow more time to complete a survey. The Committee agreed to defer these applications to the August 19,2014 meeting. 1. Submission No.: A 2014-032 Applicant: City of Kitchener Property Location: 640 New Dundee Road Legal Description: Part 1 on Registered Plan 58R-16952 Appearances: COMMITTEE OF ADJUSTMENT - 106- JULY 15,2014 1. Submission No.: A 2014-032 (Cont'd) In Support: E. Riek Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a pumping station on a lot having an area of 3700 sq.m. (39826.469 sq.ft.) rather than the required 4000 sq.m. (43055.642 sq.ft.). The Committee considered the report of the Planning Division,dated June 20,2014, advising that the applicant is requesting a minor variance to allow a lot area of 3700.05 sq.m.whereas Section 8.2 of Zoning By-law 85-1 requires a minimum lot area of 4000 sq.m. The City proposes to erect a new pumping station on the subject lands. Pursuant to Section 5.8 of Zoning By-law 85-1, the City may, for the purposes of the public service, use any land or erect or use any building in any zone subject to the use or building being in compliance with the most restrictive regulations contained in such zone. The City acquired the property via Transfer Document WR587422 in December 2010 for the purpose of constructing a new pumping station. At that time, the minimum lot area requirement was not reviewed with Planning Staff resulting in the need for a minor variance to legalize the deficient lot area. The property is located on the north side of New Dundee Road, near the intersection of Robert Ferrie Drive. The property was specifically acquired by the City for the purpose of constructing a pumping station to service the Doon South Community future development. In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. Notwithstanding the Neighbourhood Mixed Use Centre Official Plan designation on the subject lands, the City of Kitchener is permitted to use any land for the purpose of a public service. The proposed pumping station is considered a public service use and therefore meets the intent of the Official Plan. The variance meets the intent of the Zoning By-law for the following reasons. The minimum lot area requirement of 4000 sq.m. is to ensure adequate land to develop a property in conformance with the C-2 zoning regulations. In this case,the lot area deficiency of 300 sq.m. is negligible, and won't impede the City's ability to erect the pumping station while being in conformance with all other zoning regulations. The variance is minor for the following reasons. The minor reduction in lot area will not result in any other zoning deficiencies as the proposed pumping station is a small structure and will be accommodated on site with adequate space for parking and landscaping. The variance is appropriate for the development and use of the land for the following reasons. The Doon South pumping station is necessary for the orderly and timely development of lands in the Doon South community by providing the necessary infrastructure to support new development. The minimal reduction in lot area will not have any negative impacts on adjacent lands or the development potential of adjacent lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of City of Kitchener requesting permission to construct a pumping station on a lot having a minimum lot area of 3700 sq.m. (39826.469 sq.ft.) rather than the required 4000 sq.m. (43055.642 sq.ft.), on Part Lot 1, Beasley's New Survey, being Part 1 on Registered Plan 58R-16952, 640 New Dundee Road, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT - 107- JULY 15,2014 1. Submission No.: A 2014-032 (Cont'd) 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 2. Submission No.: A 2014-033 Applicants: Vidal &Maria Rodrigues Property Location: 274 Ottawa Street South Legal Description: Lot 70, Part Lot 69, Plan 242 Appearances: In Support: V. Rodrigues Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a pitched roof on an existing multiple dwelling unit having a northerly side yard setback of 1.27m (4.167') rather than the required 2.5m(8.2'). The Committee considered the report of the Planning Division, dated July 7, 2014, advising that the subject property is zoned Residential Seven (R-7) in the Zoning By-law and designated Low Density Multiple Residential in the Mill Courtland Woodside Park Neighbourhood Plan for Land Use. The site currently contains a six-unit multiple residential dwelling. As noted from a pre- submission consultation with the owner, the purpose for the variance application is to replace the existing flat roof with a pitched roof in order to manage maintenance issues regarding water damage. Furthermore, in the R-7 zone, side yard requirements are calculated based off building height, and the construction of a pitched roof would increase the total building height from 7.61 metres to 9.49 metres, thereby increasing the regulations on side yard requirements from 1.5 metres to 2.5 metres. As such, the owner is seeking relief from Section 41.2.6 of the City of Kitchener Zoning By-law in order to permit a reduction in side yard setback for a multiple dwelling to 1.27 metres whereas 2.5 metres is required. In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding the requested minor variance: The requested variance for the proposed side yard in order to construct a pitched roof meets the intent of the Official Plan. The Low Density Multiple Residential designation allows for the development of single detached, duplex, semi-detached and multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day cares which maintain the overall low rise characteristic of the neighbourhood. The requested reduced side yard requirement to construct the pitched roof will continue to conform to the low density character of the surrounding neighbourhood and the adjacent multiple dwelling. The proposed variance meets the intent of the Zoning By-law. The purpose of a side yard setback of 2.5 metres is to allow for adequate separation from adjacent properties as well as access to the rear of the property. It is of importance to note that the side yard setback of 1.27 metres currently exists on the property, as the construction of the pitched roof will not involve any additional footprint construction to the front, rear,or side yards. The variance is considered minor. Staff is of the opinion that the requested variance will still provide an adequately spaced side yard and will not negatively affect adjacent properties or surrounding neighbourhood as the setback between adjacent properties is not being increased. COMMITTEE OF ADJUSTMENT - 108- JULY 15,2014 2. Submission No.: A 2014-033 (Cont'd) The proposed variance is appropriate for use of the land as the multiple residential use is a permitted use in the Zoning By-law. The proposed variance will allow the owner to continue the use of the six-unit multiple residential building. The scale, massing, and height of the multiple residential dwelling is appropriate and consistent with the character of the proposed neighbourhood. 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 July 3,2014, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Ms.J. Meader That the application of Vidal & Maria Rodrigues requesting permission to construct a pitched roof on an existing multiple dwelling unit having a northerly side yard setback of 1.27m (4.167') rather than the required 2.5m (82), on Lot 70, Part Lot 69, Plan 242, 274 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain a building permit from the City's Building Division prior to construction. 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 3. Submission No.: A 2014-034 Applicant: Afterdita Dragusha Property Location: 412 Belmont Avenue West Legal Description: Part Lots 297 to 299, Plan 266 Appearances: In Support: B. Dragusha Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to convert a triplex into a four-unit multi-residential dwelling having a Floor Space Ratio (FSR) of 0.71 rather than the permitted maximum FSR of 0.6. The Committee considered the report of the Planning Division, dated July 7, 2014, advising that the subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Six Zone (R-6)in the City of Kitchener Zoning By-law 85-1. The applicant is requesting relief from Section 40.2.6 of the Zoning By-law to allow a Floor Space Ratio (FSR)of 0.71 rather than the required 0.60. The subject property currently contains a two and a half (2.5) storey brick multiple residential dwelling with a basement (partially above grade) and has frontage on Adelaide Street and Belmont Avenue. The applicant is proposing an additional residential unit above a proposed three (3) car garage to the rear of the existing dwelling. The surrounding neighbourhood consists of a mix of low and medium rise residential units in the form of single detached dwellings and multiple residential developments, up to four storeys in height. COMMITTEE OF ADJUSTMENT - 109- JULY 15,2014 3. Submission No.: A 2014-034 (Cont'd) The site plan for the proposed development shown below has been reviewed by City Staff through the Site Plan Pre-Submission Consultation process. The applicant will require Site Plan Approval prior to obtaining a building permit. 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 requested variance meets the intent of the Official Plan. The general intent of the maximum FSR and maximum height requirements in the Low Rise Residential designation is to regulate the massing and scale of a development to ensure compatibility with surrounding areas. The site design of the proposed expansion of the multiple residential development will emphasize compatibility of built form, with respect to massing, scale, design and the relationship of housing to adjacent buildings, streets and exterior areas. The mass of the proposed building is similar to that of a building with an FSR of 0.6 or less, however because the basement is partially above grade, it is required that the floor area be calculated as part of the FSR. In addition, the Low Rise Residential designation does not allow residential buildings to exceed three (3)storeys in height. The existing multiple residential dwelling is two and a half (2.5) storeys in height and the proposed expansion will occur above a single storey garage at the rear of the building which will result in a building of approximately 7.5 m tall or two (2) storeys in height total. Therefore the proposed height of the new building will be compatible with the height of surrounding buildings and less than the maximum height required in the Official Plan. It is important to note that the City of Kitchener new Official Plan adopted by Council on June 30, 2014 (not yet in effect), contemplates a maximum FSR of up to 0.75 where it is demonstrated the built form is compatible with the surrounding area and the intent of the Official Plan is maintained. The proposed FSR of 0.71 is consistent with what is being recommended in the Low Rise Residential designation in the new Official Plan. The applicant is proposing a multiple residential development that maintains the intent of the low rise residential designation, by providing a height consistent with the neighbouring low and medium density residential developments and less than the three (3) storey maximum that is required by the Official Plan. Urban design considerations will be addressed through the Site Plan Control process to ensure the development is compatible with adjacent residential areas and as such meets the general intent of the Official Plan. The variance meets the intent of the Zoning By-law. The intent of the FSR regulation in the Zoning By-law is to ensure the new development is of a scale and massing that is compatible with the surrounding residential neighbourhood. The submitted site plan illustrates the proposed addition located to the rear of the existing building facing Belmont Avenue, therefore it is staffs opinion that the location and orientation of proposed building on-site will have minimal impacts on the surrounding low and medium rise residential neighbourhood. In addition, the Residential Six Zone (R-6)allows a multiple residential dwelling to be a maximum building height of 10.5 metres. The proposed height of the new building is 7.5 metres which is similar in height to the existing building (7.5 metres), therefore the height of the proposed new building is less than what is permitted in the Zoning By-law. In reference to the landscaped area, the R-6 Zone requires a minimum landscaped area to be 20%of the total lot area. The proposed site plan illustrates a landscaped area of approximately 54% of the lot which is greater than what currently exists, and exceeds what is required by the Zoning By-law. The new building will allow vehicles to be stored in a garage and the relocation of the existing driveway will allow the existing driveway and parking spaces to become landscaped area through the Site Plan Control process. The proposed development will result in an increase in on-site landscaping and will meet the required maximum height in the Zoning By-law. As such, it is staffs opinion that the requested variance for increased FSR is appropriate and meets the intent of the Zoning By-law. The proposed variance is considered minor and appropriate for the development and use of the land for the above-noted reasons. It is staffs opinion that the proposed minor variance for an increase in FSR will have minimal impact on the surrounding low and medium rise residential buildings due to the location and orientation of buildings proposed on-site. The proposed FSR is consistent with the FSR proposed in the Low Rise Residential designation in the new Official Plan. COMMITTEE OF ADJUSTMENT - 110- JULY 15,2014 3. Submission No.: A 2014-034 (Cont'd) The variance is appropriate for the development and use of the land as the intent of the variance is to allow for an additional unit to be located above a new garage on-site. The new development will be consistent with the height, density and context of the surrounding neighbourhood and additional urban design considerations such as landscaping and screening of the parking will be required as a condition of Sit Plan Approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. The Chair noted the Transportation Services comments and requested that an additional condition be included to require the applicant to identify the 4.57m (14.99') Driveway Visibility Triangles on the Site Plan for both sides of the new driveway located on Adelaide Street to the satisfaction of the Director of Transportation Services. Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Aferdita Dragusha requesting permission to convert a triplex into a four- unit multi-residential dwelling having a Floor Space Ratio (FSR) of 0.71 rather than the permitted maximum FSR of 0.6, on Part Lots 297 to 299, Plan 266, 412 Belmont Avenue West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That new development and physical site works be completed in accordance with the conceptual site plan, to the satisfaction of the City's Manager of Design and Development and the City's Chief Building Official. 2. That prior to final approval, an Occupancy Certificate application is submitted and accepted by the City's Planning Division for the proposed multiple residential development. 3. That the owner shall identify the 4.57m (14.99') Driveway Visibility Triangles on the Site Plan for both sides of the new driveway located on Adelaide Street, to the satisfaction of the Director of Transportation Services. 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 4. Submission No.: A 2014-035 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 2 Marianne Dorn Trail Legal Description: Lot 20, Registered Plan 58M-572 Appearances: In Support: I. Rawlings Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a single detached dwelling having a driveway located 8m (26.246')from the intersection of Marianne Dorn Trail and Old Huron Road rather than the required 9m (29.52'). The Committee considered the report of the Planning Division,dated July 7,2014, advising that COMMITTEE OF ADJUSTMENT - 111 - JULY 15,2014 4. Submission No.: A 2014-035 (Cont'd) the subject property is zoned Residential Four (R-4) in the City of Kitchener Zoning By-law and designated Low Rise Residential in the City of Kitchener Official Plan. The site currently is not developed, but is planned to contain a single detached dwelling. Due to the lot's placement in relation to the street intersection, the owner is seeking relief from Section 6.1.1.1.b.iv of the Zoning By-law in order to permit a reduction in access driveway setback from an intersection for a single-detached dwelling to 8.0 metres whereas 9.0 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 regarding the requested minor variance: The requested variance for the proposed reduced access driveway setback from an intersection meets the intent of the Official Plan. The Low Rise Residential designation allows for the development of predominately residential units. The minor change will conform to the low density character of the property and proposed subdivision. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 1.0 metre reduction will not impact the property or access to the intersection. The proposed driveway does not encroach into the 7.5 metre Corner Visibility Triangle and Transportation Planning staff has indicated that they have no concerns with the requested reduction of 9.0 metres to 8.0 metres.The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staffs opinion that the proposed 8.0 metre setback allows for sufficient separation from the driveway to the intersecting street lines abutting the corner lot and as such will not impact access to the intersection for vehicular and pedestrian traffic. The variance is appropriate for the development and use of the land as it is staff's opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. The Chair noted the comments from Transportation Services regarding the Corner Visibility Triangle and requested a condition be added to the recommendation requiring the owner to maintain the visibility triangle as proposed on the Plan submitted with the application. Moved by Mr.A. Lise Seconded by Ms.J. Meader That the application of Kenmore Homes (Waterloo Region) Inc. requesting permission to construct a single detached dwelling having a driveway located 8m (26.246') from the intersection of Marianne Dorn Trail and Old Huron Road rather than the required 9m (29.52'), on Lot 20, Registered Plan 58M-572, 2 Marianne Dorn Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the City's Building Division prior to construction. 2. That that owner shall ensure that the 7.5m (24.6') Corner Visibility Triangle is maintained in accordance with the plan submitted with Application A 2014-035. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT - 112- JULY 15,2014 5. Submission No.: A 2014-036 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 87 Marianne Dorn Trail Legal Description: Lot 1, Registered Plan 58M-572 Appearances: In Support: I. Rawlings Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a single detached dwelling having a driveway located 8.3m (27.23') from the intersection of Marianne Dorn Trail and Templewood Drive rather than the required 9m(29.52'). The Committee considered the report of the Planning Division, dated July 7, 2014, advising that the subject property is zoned Residential Four (R-4) in the City of Kitchener Zoning By-law and designated Low Rise Residential in the City of Kitchener Official Plan. The site currently is not developed, but is planned to contain a single detached dwelling. Due to the lot's placement in relation to the street intersection, the owner is seeking relief from Section 6.1.1.1.b.iv of the Zoning By-law in order to permit a reduction in access driveway setback from an intersection for a single-detached dwelling to 8.3 metres whereas 9.0 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 offers the following comments regarding the requested minor variance: The requested variance for the proposed reduced access driveway setback from an intersection meets the intent of the Official Plan. The Low Rise Residential designation allows for the development of predominately residential units. The minor change will conform to the low density character of the property and proposed subdivision. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 0.7 metre reduction will not impact the property or access to the intersection. The proposed driveway does not encroach into the 7.5 metre Corner Visibility Triangle and Transportation Planning staff has indicated that they have no concerns with the requested reduction of 9.0 metres to 8.3 metres.The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staffs opinion that the proposed 8.3 metre setback allows for sufficient separation from the driveway to the intersecting street lines abutting the corner lot and as such will not impact access to the intersection for vehicular and pedestrian traffic. The variance is appropriate for the development and use of the land as it is staff's opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. The Chair noted the comments from Transportation Services regarding the Corner Visibility Triangle and requested a condition be added to the recommendation requiring the owner to maintain the visibility triangle as proposed on the Plan submitted with the application. Moved by Mr.A. Lise Seconded by Ms.J. Meader That the application of Kenmore Homes (Waterloo Region) Inc. requesting permission to construct a single detached dwelling having a driveway located 8.3m (27.23') from the intersection of Marianne Dorn Trail and Templewood Drive rather than the required 9m (29.52'), on Lot 1, Registered Plan 58M-572, 87 Marianne Dorn Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT - 113- JULY 15,2014 5. Submission No.: A 2014-036 (Cont'd) 1. That the owner shall obtain a building permit from the City's Building Division prior to construction. 2. That that owner shall ensure that the 7.5m (24.6') Corner Visibility Triangle is maintained in accordance with the plan submitted with application A 2014-036. 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 6. Submission No.: A 2014-037 Applicant: Losani Homes Property Location: 212 Greenwater Place Legal Description: Lot 103, Registered Plan 58M-570 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a townhome on an irregular shaped lot having a front yard setback of 3.509m (11.512') rather than the required 4.5m (14.763'); and, a driveway visibility triangle of 3.509m (11.512') rather than the required 4.7m (15.419'). The Committee considered the report of the Planning Division, dated July 4, 2014, advising that the subject property located at 212 Greenwater Place is designated Low Rise Residential in the City's Official Plan and is zoned Residential Six Zone (R-6)in the City's Zoning By-law. The owner has submitted a site plan application (SP14/051/G/MV), for the creation of a row of street fronting townhouse dwellings along Greenwater Place. The owner requires the following minor variances: 1. Relief from section 40.2.5 for a front yard setback of 3.509 metres, whereas the By-law requires a minimum setback of 4.5 metres;and 2. Relief from section 5.3 of the City of Kitchener Zoning By-law to encroach into the Driveway Visibility Triangle by 1.061 metres, whereas the By-law requires no obstruction to visibility within a Driveway Visibility Triangle, which is defined as a triangular area formed within a lot by the intersection of any driveway line and a lot line, or the projections thereof, and a straight line connecting them 4.57 metres from their point of 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 regarding the requested minor variances: The requested variances for the proposed front yard setback reduction and encroachment into the Driveway Visibility Triangle 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 variances will permit reduced front yard setback for the proposed townhouse dwelling.The minor change will maintain the low density character of the property and surrounding neighbourhood. COMMITTEE OF ADJUSTMENT - 114- JULY 15,2014 6. Submission No.: A 2014-037 (Cont'd) The proposed variances meet the intent of the Zoning By-law. The proposed front yard setback of 3.674 will allow adequate space for amenity area and landscaping. The minor encroachment into the Driveway Visibility Triangle (DVT) will still allow the safe ingress and egress from the legal parking space located within the garage. Transportation planning staff supports the requested variance to allow this DVT encroachment. Only the porch support pillar (which is above 0.9m in height),will be causing the visual obstruction. The variances are considered minor. Staff is of the opinion that the requested variances will provide adequate landscaping space and maintain safe driving conditions on the subject lands. The variances will not negatively affect the adjacent properties or surrounding neighbourhood. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The proposed variances will allow the owner to maximize the potential of the subject lands for a street fronting townhouse use while maintaining adequate front yard landscaping, and safe ingress and egress from the required legal parking space. The scale, massing and height of the proposed townhouse are appropriate and consistent with the existing neighbourhood. The proposed variances 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 July 3,2014, advising that they have no concerns with this application. Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Losani Homes requesting permission to construct a townhome on an irregular shaped lot having a front yard setback of 3.509m (11.512') rather than the required 4.5m (14.763'); and, a Driveway Visibility Triangle of 3.509m (11.512') rather than the required 4.57m (14.993'), on Lot 103, Registered Plan 58M-570, 212 Greenwater Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division prior to construction. 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 7. Submission No.: A 2014-038 Applicants: Stephen &Kelly Tunney Property Location: 39 Redtail Street Legal Description: Lot 9, Registered Plan 58M-511 Appearances: In Support: D. Szusz Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a covered deck on an existing single detached dwelling having a rear yard setback of 3.388m (11.115') rather than the required 7.5m (24.606'). COMMITTEE OF ADJUSTMENT - 115- JULY 15,2014 7. Submission No.: A 2014-038 (Cont'd) The Committee considered the report of the Planning Division, dated July 7, 2014, advising that the subject property is zoned Residential Six(R-6)in the Zoning By-law and designated Low Rise Residential in the City of Kitchener Official Plan. The site currently contains an existing single- detached dwelling. The Owner is seeking relief from Section 40.2.2 of the City of Kitchener Zoning By-law in order to permit a reduction in rear yard setback for a single-detached dwelling to 3.388 metres whereas 7.5 metres is required to construct an attached covered deck. 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 variance for the proposed rear yard variance to construct an attached covered deck for a single detached dwelling meets the intent of the Official Plan. The Low Rise Residential designation allows for the development of a range of residential housing types, including single detached dwellings. The requested reduced rear yard requirement to construct the attached covered deck will continue to conform to the low density character of the surrounding neighbourhood. The proposed variance meets the intent of the Zoning By-law.The purpose of a rear yard setback of 7.5 metres is to provide amenity space and to ensure there is adequate separation from adjacent properties. Due to an angled rear lot line, the proposed covered deck with a rear yard setback of 3.388 metres will still allow for an amenity space and will not impact adjacent properties, considering it backs onto the Woolwich Street Woodlot. The requested variance is minor. Staff is of the opinion that the requested variance will still provide an adequately sized rear yard and will not negatively affect adjacent properties or the surrounding neighbourhood as the property backs onto green space. The proposed covered deck area will also provide passive outdoor amenity space. The proposed variance is appropriate for the development and use of the land as the residential use is a permitted use in the Zoning By-law. The scale, massing, and height of the single- detached dwelling is appropriate and consistent with the character of the proposed neighbourhood. 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 July 3,2014, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Ms.J. Meader That the application of Stephen & Kelly Tunney requesting permission to construct a covered deck on an existing single detached dwelling having a rear yard setback of 3.388m (11.115') rather than the required 7.5m (24.606'), on Lot 9, Registered Plan 58M-511, 39 Redtail Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain a building permit from the City's Building Division prior to construction. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT - 116- JULY 15,2014 8. Submission No.: A 2014-044 Applicant: Latif Faikovski Property Location: 348 Weber Street West Legal Description: Part Lots 7 and 8, Plan 373, being Part 2 on Reference Plan 58R-13076 Appearances: In Support: A. & L. Faikovski Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a 6-unit multi-residential building on a property with an existing 5-unit multi-residential building having a rear yard setback of 5.5m(18.044')rather than the required 7.5m (24.606'). The Committee considered the report of the Planning Division, dated July 2, 2014, advising that the subject property is zoned Residential Six (R-6) in the City's Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property is currently developed with one multiple dwelling building. The owner has submitted a site plan application that proposes to construct a second multiple dwelling building at the rear of the property. The building is proposed to be setback 5.5 metres from the rear property line where the required setback under the Zoning By-law is 7.5 metres. As such, the owner is requesting relief from Section 40.2.6 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: The variance meets the intent of the City's Official Plan. The policies within the Low Rise Residential designation encourage a range of low density housing types to achieve and maintain a low-rise built form. The proposed variance is required to facilitate the proposed low rise residential development. The variance meets the intent of the Zoning By-law. The intent of the 7.5 metres rear yard setback is to ensure there is sufficient separation from neighbouring properties. It is staffs opinion that the proposed variance will not cause impact on adjacent properties as the surrounding properties are large and have buildings that are setback a far distance from the rear property line. The variance is considered minor as there is adequate separation from the proposed addition to abutting residential properties and as such will have no impact to adjacent lands. The variance is appropriate for the development and use of the land as the use is permitted and the request for a reduced rear yard setback will not impact to the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Latif Faikovski requesting permission to construct a 6-unit multi- residential building on a property with an existing 5-unit multi-residential building having a rear yard setback of 5.5m (18.044') rather than the required 7.5m (24.606'), on Part Lots 7 and 8, Plan 373, being Part 2 on Reference Plan 58R-13076, 348 Weber Street West, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT - 117- JULY 15,2014 8. Submission No.: A 2014-044 (Cont'd) 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 9. Submission No.: A 2014-045 Applicant: Losani Homes Property Location: 200 Greenwater Place Legal Description: Lot 109, Registered Plan 58M-570 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a townhome having a driveway located 8.12m (26.640') from the intersection of Greenwater Place and Elmbank Trail rather than the required 9m(29.52'). The Committee considered the report of the Planning Division, dated July 4, 2014, advising that the subject property located at 200 Greenwater Place is designated Low Rise Residential in the City's Official Plan and is zoned Residential Six Zone (R-6)in the City's Zoning By-law. The owner has submitted a site plan application (SP14/051/G/MV), for the creation of a row of street fronting townhouse dwellings along Greenwater Place. The owner is requesting relief from section 6.1.1.c.iii of the City of Kitchener Zoning By-law for a driveway to be located 8.12 metres from the intersection of the street lines abutting a lot for a street fronting townhouse dwelling,whereas the By-law requires 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 offer the following comments regarding the requested minor variances: The requested variance for the proposed location of the driveway to the intersecting street lines meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for modest alterations. The proposed variance will permit reduced setback of the driveway to the intersecting street lines for the proposed townhouse dwelling. The minor change will maintain the low density character of the property and surrounding neighbourhood. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 0.88 metre reduction is minor and will not impact the property or access to the intersection. Transportation Planning staff have also indicated that they have no concerns with the requested reduction of 9.0 metres to 8.12 metres.The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staffs opinion that the proposed 8.12 metre setback from the intersecting street lines allows for sufficient separation from the driveway and as such will not impact access to the intersection for vehicular and pedestrian traffic. The variance is appropriate for the development and use of the land as it is staff's opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. COMMITTEE OF ADJUSTMENT - 118- JULY 15,2014 9. Submission No.: A 2014-045 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3,2014, advising that they have no concerns with this application. Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Losani Homes requesting permission to construct a street-fronting townhome having a driveway located 8.12m (26.640') from the intersection of Greenwater Place and Elmbank Trail rather than the required 9m (29.52'), on Lot 109, Registered Plan 58M-570, 200 Greenwater Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division prior to construction. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2014-027 Applicant: 2141789 Ontario Inc. Property Locations: 352 Weber Street West Legal Description: Part Lots 7 and 8, Plan 393, being Parts 5 to 7 on Registered Plan 58R-15771 Appearances: In Support: A. & L. Faikovski Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to grant an easement having a width of 1.2m (3.93'), a depth of 23.47m (77.00'), and an area of 26.6 sq.m. (286.32 sq.ft.)in favour of 348 Weber Street East for vehicle access. The Committee considered the report of the Planning Division, dated July 3, 2014, advising that the subject property located at 352 Weber Street West is zoned Residential Six (R-6) in the City's Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property is currently developed with a multiple dwelling building. The adjacent lands at 348 Weber Street West are proposed for redevelopment and as part of this redevelopment the owner requires a drive aisle leading from the street into the site at a minimum width of 6.1 metres for two-way traffic (as per the City's Urban Design Manual). This minimum drive aisle width of 6.1 metres cannot be achieved without encroaching onto the subject property 352 Weber Street West. As such, the owner of the subject property 352 Weber Street West is requesting a right-of-way easement with a width of 1.2 metres, depth of 27.5 metres and area of 33 square metres in favour of 348 Weber Street West for access purposes. It is staff's opinion that the proposed consent will allow 348 Weber Street West to function more efficiently with an appropriate drive aisle width and will have no impact on the subject lands 352 Weber Street West. 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 right-of-way easement is required as COMMITTEE OF ADJUSTMENT - 119- JULY 15,2014 1. Submission No.: B 2014-027 (Cont'd) part of the proposed redevelopment of 348 Weber Street West. The proposed easement is appropriate and suitable and will allow unencumbered access into the multiple dwelling development on 348 Weber Street West and will not impact the subject lands 352 Weber Street West. The proposed easement will ensure that a safer and appropriate access will be provided directly to 348 Weber Street West, rather than the existing narrow drive aisle that does not meet the City's Urban Design Guidelines. The Committee considered the report of the Region of Waterloo, Principal Planner, dated July 7, 2014, advising that they have no objections to this application. Moved by Mr.A. Lise Seconded by Ms.J. Meader That the application of 2141789 Ontario Inc. requesting permission to grant an easement having a width of 1.2m (3.93'), a depth of 23.47m (77.00'), and an area of 26.6 sq.m. (286.32 sq.ft.) in favour of 348 Weber Street East for vehicle access, on Part Lots 7 and 8, Plan 393, being Parts 5 to 7 on Registered Plan 58R-15771, 352 Weber Street West, 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 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 City's Engineering Services. 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 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, be provided to the City Solicitor. 6. That the City Solicitor 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 July 15, 2016. Carried COMMITTEE OF ADJUSTMENT - 120- JULY 15,2014 COMBINED APPLICATIONS: 1. Submission Nos.: B 2014-021, B 2014-022 Applicant: M N Bales Investments Limited Property Location: 188& 196 Queen Street South Legal Description: Part Lots 1 and 2, Plan 393 - and- Submission No.: A 2014-040 Applicant: M N Bales Investments Limited Property Location: 188 Queen Street South Legal Description: Part Lots 1 and 2, Plan 393 - and- Submission No.: A 2014-041 Applicant: M N Bales Investments Limited Property Location: 196 Queen Street South Legal Description: Part Lot 2, Plan 393 Appearances: In Support: A. Roth C. Pidgeon Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land municipally addressed as 188 Queen Street South from 196 Queen Street South, having a width on Queen Street South of 15.240m (50'), a depth of 28.532 (93.61') and an area of 435.1 sq.m. (4683.377 sq.ft.); and, for a partial discharge of mortgage on the lands to be severed. In addition the severed parcel (188 Queen Street South) will require a variance to legalize a rear yard setback of 6.51 m (21.358')rather than the required 7.5m (24.606); and, a landscaped area of 0% whereas the By-law requires a minimum landscaped area of 10%. Permission is also being requested for a partial discharge of mortgage on the retained land (196 Queen Street South), having a width on Queen Street South of 8.961m (29.4'), a depth of 37.996m (124.658'), and an area of 333.9 sq.m. (3594.07 sq.ft.). The retained parcel will also require variances to legalize a lot width of 8.961m (29.399') rather than the required 15m (49.213'); and, a landscaped area of 0%whereas the By-law requires a minimum landscaped area of 10%. The Committee considered the report of the Planning Division, dated July 7, 2014, advising that the subject lands are located at 188 and 196 Queen Street South and each parcel currently contains a multiple dwelling (triplex) which is permitted by the current MU-2 zoning. The owner has submitted applications for consent and minor variances for both parcels of lands. The subject lands inadvertently merged in title as the result of the dissolution of a partnership. The subject applications are seeking to rectify this inadvertent merger and sever the parcels so that the original lot fabric is re-established. Together with the severance, the owner is also seeking consent for partial discharge of mortgage on both 188 and 196 Queen Street South. There are no changes proposed to either site as a result of these applications; however, the two `new' lots must conform to zoning by-law regulations, and non-complying zoning matters must be legalized. As such, the owner is also requesting two variances for each lot to legalize existing deficiencies. Consent and Partial Discharge of Mortgage B 2014-021 &B 2014-022: With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. The resultant lots recreate the previously existing lot fabric. The proposed consent conforms to the COMMITTEE OF ADJUSTMENT - 121 - JULY 15,2014 1. Submission Nos.: B 2014-021, B 2014-022,A 2014-040&A 2014-041 (Cont'd) Official Plan, does not conflict with the Provincial Policy Statement issued under Subsection 3 (1) of the Planning Act, and conforms to the Growth Plan for the Greater Golden Horseshoe. Staff are of the opinion that Consent applications B 2014-021 for severance and partial discharge of mortgage; and, B 2014-022 for partial discharge of mortgage, should be approved subject to certain conditions. Minor Variances A 2014-040&A 2014-041: The applicant is seeking the following minor variances for 188 Queen Street South, being the lands to be retained (A 2014-040): 1. To permit a rear yard setback of 6.51 metres rather than 7.5 metres; and, 2. To permit a minimum landscaped area of 0% rather than 10%. The applicant is seeking the following minor variances for 196 Queen Street South, being the lands to be retained (A 2014-041): 1. To permit a lot width of 8.96 metres rather than 15.0 metres; and, 2. To permit a minimum landscaped area of 0% rather than 10%. 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 designated Mixed Use Corridor in the Victoria Park Secondary Plan. Mixed use corridors recognize the evolution of uses along corridors in the central city, and support the reuse of existing buildings as well as redevelopment and intensification. As the subject variances legalize a previously existing lot pattern and uses, and do not preclude future redevelopment or intensification,staff are of the opinion that the intent of the Official Plan is maintained. The subject lands are zoned Medium Intensity Mixed Use Corridor Zone (MU-2).The intent of the zoning by-law regulations is to allow the permitted range of uses within existing buildings and on existing lots, while providing regulations for new development, redevelopment and intensification that will continue to contribute to the character and design direction of the corridor. Many of the MU-2 regulations specify that they only apply to new development, and in standard circumstances matters such as deficient lot widths and setbacks for existing lots and buildings are legalized by sec 5.15 of the By-law (the existing lot policy). However as `new' lots are being created regulation 5.15 does not apply. Therefore, because the variances are only required to support the consent which re-established the previously existing lot lines, staff is of the opinion that the proposed variances meet the intent of the zoning by-law. Staff is of the opinion that as the variances are only required to support the requested consent application, and as there are no physical changes contemplated to the site as a result of these applications, the variances can be considered minor and appropriate for the development and use of the land.Therefore,staff recommend that the proposed variances be approved. The Committee considered the report of the Region of Waterloo Principal Planner, dated July 7, 2014, advising that they have no objections to Submission Nos. B 2014-021 and B 2014-022. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 3, 2014, advising that they have no concerns with Submission Nos.A 2014-040 and A 2014- 041. The Chair requested an additional condition be added to the recommendation for Consent applications B 2014-021 and B 2014-022 requiring the applicant to provide acknowledgement of the partial discharge from the mortgage lender as part of the Committee's approval. Mr.A. Roth advised that he did not object to the proposed condition. Submission No. B 2014-021 Moved by Ms.J. Meader Seconded by Mr.A. Lise COMMITTEE OF ADJUSTMENT - 122- JULY 15,2014 1. Submission Nos.: B 2014-021, B 2014-022,A 2014-040&A 2014-041 (Cont'd) That the application of M N Bales Investments Limited requesting permission to sever a parcel of land, together with a partial discharge of mortgage,for a property having a width on Queen Street South of 15.240m (50'), a depth of 28.532 (93.61) and an area of 435.1 sq.m. (4683.377 sq.ft), on Part Lots 1 and 2, Plan 393, 188 Queen Street South, 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 owner shall provide acknowledgment of the partial discharge of mortgage from the lender to the satisfaction of the City Solicitor. 4. That the owner shall receive final approval of Minor Variance Applications A 2014-040 and A 2014-041. 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 July 15,2016. Carried Submission No. B 2014-022 Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of M N Bales Investments Limited requesting permission for a partial discharge of mortgage on the subject property, having a width on Queen Street South of 8.961 m (29.4'), a depth of 37.996m (124.658'), and an area of 333.9 sq.m. (3594.07 sq.ft.), on Part Lots 1 and 2, Plan 393, 196 Queen Street South, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the owner shall provide acknowledgment of the partial discharge of mortgage from the lender to the satisfaction of the City Solicitor. 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 - 123- JULY 15,2014 1. Submission Nos.: B 2014-021, B 2014-022,A 2014-040&A 2014-041 (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 July 15,2016. Carried Submission No.A 2014-040 Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of M N Bales Investments Limited requesting permission to legalize a rear yard setback of 6.51m (21.358') rather than the required 7.5m (24.606'); and, a landscaped area of 0% whereas the By-law requires a minimum landscaped area of 10%, on Part Lots 1 and 2, Plan 393, 188 Queen Street South, 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 Submission No.A 2014-041 Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of M N Bales Investments Limited requesting permission to legalize a lot width of 8.961m (29.399') rather than the required 15m (49.213'); and, a landscaped area of 0%whereas the By-law requires a minimum landscaped area of 10%, on Part Lot 2, Plan 393, 196 Queen Street South, 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 2. Submission Nos.: B 2014-025&A 2014-042 Applicant: Losani Homes Property Location: 222 Greenwater Place Legal Description: Lot 102, Registered Plan 58M-570 Appearances: In Support: K. Barisdale Contra: None COMMITTEE OF ADJUSTMENT - 124- JULY 15,2014 2. Submission Nos.: B 2014-025&A 2014-042 (Cont'd) Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a triangular shape with a width on Greenwater Place of 19.268m (63.215); a westerly depth of 21.917m (71.906'); a easterly depth of 45.180m (148.228), and an area of 322.4 sq.m. (3470.285 sq.ft.). The retained land will have a width of 6.731 m (22.083'), an easterly depth of 21.917m (71.906'), and an area of 164.1 sq.m. (1766.358 sq.ft.). Permission is also being requested for the severed lot to have a easterly side yard setback of 1.286m (4.219') rather than the required 2.5m (82.02'); a front yard setback of 3.674m (12.053') rather than the required 4.5m (14.763'); and, a driveway visibility triangle of 4.606m (15.111') rather than the required 4.7m (15.419). Both the severed and retained lands are proposed for residential development. The Committee considered the report of the Planning Division, dated July 4, 2014, advising that the subject property located at 222 Greenwater Place is designated Low Rise Residential in the City's Official Plan and is zoned Residential Six Zone (R-6)in the City's Zoning By-law. The owner has submitted a site plan application (SP14/050/G/MV), for the creation of a row of street fronting townhouse dwellings along Greenwater Place. The owner is proposing to sever 222 Greenwater Place into two residential lots. The severed lands (220 Greenwater Place) would have an area of 322.4 square metres, with a lot width of 19.268 metres and a varying lot depth. The retained lands (222 Greenwater Place) would have an area of 164.1 square metres with a lot width of 6.731 metres and a lot depth of approximately 25.94 metres. Both the severed and retained lands are proposed to be used for street fronting townhouse dwellings. If the proposed severance application is approved, it would require three minor variances on the severed lands due to the severed lot's shape and the proposed location and design of the new street fronting townhouse dwelling. It is noted that through Minor Variance application A 2014-042, the applicant incorrectly requested a minor variance for a Driveway Visibility Triangle (DVT) of 4.606 metres; however, it showed on the plan submitted with the application a front porch setback of 3.674 metres. The minor variance application for the DVT should have been requested to be 3.674 metres, rather than the required 4.57 metres as it will be the front porch that will be obstructing the DVT. The owner requires the following minor variances: 1. Relief from section 40.2.5 for a side yard setback of 1.286 metres, whereas the By-law requires a minimum side yard setback of 2.5 metres; 2. Relief from section 40.2.5 for a front yard setback of 3.674 metres, whereas the By-law requires a minimum setback of 4.5 metres;and 3. Relief from section 5.3 of the City of Kitchener Zoning By-law to encroach into the Driveway Visibility Triangle by 0.896 metres, whereas the By-law requires no obstruction to visibility within a Driveway Visibility Triangle, which is defined as a triangular area formed within a lot by the intersection of any driveway line and a lot line, or the projections thereof, and a straight line connecting them 4.57 metres from their point of intersection. Consent Application B 2014-025: With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990, c.P.13, the uses of the severed and retained parcels are in conformity with the City's Official Plan, the dimensions and shapes of the proposed lot is appropriate and suitable for the existing and proposed use, the lands front on an established public street, and adequate utilities and municipal services are available. Also, the resulting new residential lot at 220 Greenwater Place will create a lot size that will be compatible in size with the lots in the surrounding area. The retained lot at 222 Greenwater Place will be compatible in size with the adjacent lots along Greenwater Place. Minor Variance Application A 2014-042: In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act, COMMITTEE OF ADJUSTMENT - 125- JULY 15,2014 2. Submission Nos.: B 2014-025&A 2014-042 (Cont'd) R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding the requested minor variances: The requested variances for the proposed side yard setback reduction, front yard setback reduction and encroachment into the Driveway Visibility Triangle 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 variances will permit reduced side and front yard setbacks for the proposed townhouse dwelling.The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variances meet the intent of the Zoning By-law. The purpose of a side yard setback of 2.5 metres is to allow adequate space for the owner to provide access to and from the rear yard. The proposed side yard setback of 1.286 metres will still allow the owner adequate access space to the rear yard. The proposed front yard setback of 3.674 will allow adequate space for amenity area and landscaping. The minor encroachment into the Driveway Visibility Triangle (DVT) will still allow the safe ingress and egress from the legal parking space located within the garage. Transportation Planning staff support the requested variance to allow this DVT encroachment. Only the porch support pillar (which is above 0.9m in height), will be causing the visual obstruction. The variances are considered minor. Staff is of the opinion that the requested variances will provide adequate access space, landscaping space and maintain safe driving conditions on the subject lands. The variances will not negatively affect the adjacent properties or surrounding neighbourhood. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The proposed variances will allow the owner to maximize the potential of the subject lands for a street fronting townhouse use while maintaining rear yard access, adequate front yard landscaping, and safe ingress and egress from the required legal parking space. The scale, massing and height of the proposed townhouse are appropriate and consistent with the existing neighbourhood. The proposed variances will not impact the existing character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo Principal Planner, dated July 7, 2014, advising that they have no objections to Submission No. B 2014-025. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 3,2014, advising that they have no concerns with Submission No.A 2014-042. Ms. K. Barisdale addressed the Committee in support of the proposed applications and staffs recommendations. She requested clarification on Condition 6 of the recommendation for Consent application B 2014-025 requiring the applicant to pay a cash-in-lieu parkland dedication fee. She noted that a parkland dedication fee was already received for this property as part of the subdivision registration. Mr. B. Bateman advised that it is a standard condition for consent applications and he would prefer that the Condition be included as part of the Committee's decision. He noted that if the parkland dedication had already been paid, Parks Operations staff will waive the requirement for the Condition. Submission No. B 2014-025 Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Losani Homes requesting permission to sever a parcel of land having a triangular shape with a width on Greenwater Place of 19.268m (63.215'); an westerly depth of 21.917m (71.906'); a easterly depth of 45.180m (148.228), and an area of 322.4 sq.m. (3470.285 sq.ft.), on Lot 102, Registered Plan 58M-570, 222 Greenwater Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT - 126- JULY 15,2014 2. Submission Nos.: B 2014-025&A 2014-042 (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 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 owner shall make financial arrangements for the installation of all new service connections to the (severed lands and/or retained) lands, to the satisfaction of the City's Engineering Services. 4. That the owner shall make financial arrangements for the installation, to City standards, of boulevard landscaping, including street trees and a paved driveway ramp, on the (severed lands and/or retained) lands, to the satisfaction of the City's Engineering Services. 5. That the owner shall provide a servicing plan showing outlets to the municipal servicing system, to the satisfaction of the City's Engineering Services. 6. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% (residential)of the value of the lands to be severed. 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 July 15,2016. Carried Submission No.A 2014-042 Moved by Ms.J. Meader Seconded by Mr.A. Lise That the application of Losani Homes requesting permission for an easterly side yard setback of 1.286m (4.219') rather than the required 2.5m (82.02'); a front yard setback of 3.674m (12.053') rather than the required 4.5m (14.763'); and, a Driveway Visibility Triangle of 3.674 (12.051') rather than the required 4.57m (14.993), on Lot 102, Registered Plan 58M-570, 222 Greenwater Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division prior to construction. 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. COMMITTEE OF ADJUSTMENT - 127- JULY 15,2014 2. Submission Nos.: B 2014-025&A 2014-042 (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 ADJOURNMENT On motion,the meeting adjourned at 10:25 a.m. Dated at the City of Kitchener this 15th day of July, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment