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HomeMy WebLinkAbout2014-09-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 16, 2014 MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:02 a.m. MINUTES Moved by Mr. B. McColl Seconded by Mr. A. Lise That the minutes of the regular meeting of the Committee of Adjustment held August 19, 2014, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2014-054 Applicant: Daniel and Milyausha Fehr Property Location: 220 Heritage Drive Legal Description: Lot 46, Plan 1413 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize a northerly side yard setback of 0.36m (1.181’) rather than the required 1.2m (3.94’) for an attached accessory building under construction. At the request of staff, the Committee agreed to defer its consideration of this application until the December 9, 2014 Committee of Adjustment meeting to allow time for the owners to apply for an application for consent to establish a maintenance easement. Submission No.: 2. A 2014-055 Applicants: Nabil Abdullah and Thikra Razzoq Property Location: 366-368 Park Street Legal Description: Part Lot 4, Registered Plan 387 Appearances: In Support: N. & M. Abdullah Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 163 - Submission No.: 2.A 2014-055 (Cont’d) The Committee was advised that the applicants are requesting permission to change legal non- conforming use, being a convenience retail store with one dwelling unit by adding a second dwelling unit; and to provide 6 off-street parking spaces rather than the required 7 off-street parking spaces. The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the subject property is located at the southeast corner of Park Street and Glasgow Street in the KW Hospital Planning Community. The surrounding area is composed of a wide variety of uses, including low to medium density residential, commercial, industrial and institutional. The surrounding zoning is also very diverse and includes Mixed Use, Institutional, Industrial and low density Residential zones. The subject property contains a two storey building constructed in approximately 1920. An addition to the rear of the building was constructed in the mid-2000s. The property is designated Low Rise Conservation in the KW Hospital Secondary Plan and is zoned Residential Five (R-5). It should be noted that the use of the property as a convenience retail store and one dwelling unit is considered legal non-conforming since a retail store is not permitted in the R-5 Zone. A Permission Application under Section 45(2) (a) of the Planning Act was approved in 2003 to grant permission to expand a legal non-conforming convenience retail store and one dwelling unit by constructing a small storage addition with relief from certain parking regulations (Application No. A 2003-090). The applicant is now seeking to legalize an existing, non-conforming second dwelling unit through a change to a legal non-conforming use under 45(2)(a) of the Planning Act (note that no changes to the exterior of the building are proposed, but interior changes may be required): From a convenience retail store and one (1) dwelling unit with the following characteristics: • 5 parking spaces. Note: permission granted via A 2003-090. • Front yard (Glasgow Street) of 0.9 metres. Note: Permission Application A 2003-090 authorized a minimum front yard of 1.03m. • Parking set back 1.5m from Park Street. Note: permission granted via A 2003-090. • No barrier-free parking spaces. Note: barrier-free parking spaces were not required at time of most recent legal change to the use. To a legal non-conforming convenience retail store and two (2) dwelling units with the following characteristics: • Convenience Retail floor area: 116.4 square metres. Note: this number is calculated from associated Building Permit Application drawings. • 6 parking spaces. Proposed Parking Space #6 is located beside Space #5 at a slight angle, such that it blocks access to the Glasgow Street entrance to the parking lot (see plan provided with the Application form). Note: if a convenience retail store was permitted under the zoning, parking requirements would be: • Convenience Retail: 116.4 square metres/20.0 = 5.82, therefore, 6 spaces • Dwelling units: 1 space per unit x 2 units = 2 spaces • Total 6 + 2 = 8 spaces • Front yard (Glasgow Street) of 0.9 metres. Note: Permission Application A 2003-090 authorized a minimum front yard of 1.03m. • Parking set back 1.5m from Park Street. Note: permission granted via A 2003-090. • No barrier-free parking spaces. Note: if this application was for new construction, 1 barrier- free parking space would be required; however, currently no regulations apply due to the legal non-conforming status of the property. Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(ii). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the change in use is similar in purpose to the one previous or is more compatible in purpose [OMB decision: Tanafara v. Niagara Falls (2000)]. In the subject case, staff is of the opinion that the “similar” scenario is more applicable than the “more compatible” scenario. Also, if approved, the resultant change in use of the property and associated site characteristics would continue to be considered legal non- conforming. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 164 - Submission No.: 2.A 2014-055 (Cont’d) The Board in Harris v. Ottawa (City) Committee of Adjustment, (2002) OMBD No. 767 determined the tests for permission to be: 1. Whether the approval of the application is in the public interest; 2. Whether the approval represents good planning; 3. Whether the proposed application creates unacceptable adverse impacts upon the abutting properties; and, 4. Is the proposed use similar as required in Section 45(2)(a)(ii) of the Planning Act. In addition, staff suggests that the Committee consider: 5. Whether the approval would exacerbate or perpetuate the existing legal non-conforming situation. Planning staff is of the opinion that the proposed change in use is similar to the legal non- conforming use. For example, the current use (store, 1 dwelling unit, and 5 parking spaces) differs little in effect from the proposed use (store, 2 dwelling units, and 6 parking spaces). The application is in the public interest and represents good planning as long as approval conditions are imposed to require the closure and removal of the driveway leading to Glasgow Street and the installation of landscaping in its place. Staff is of the opinion that this would improve the property by allowing a small amenity space to be created for residents, noting that there is currently no amenity/green space on the property. From a transportation safety viewpoint, it may also be beneficial. Transportation Services has commented that it has no concerns with the proposed number of parking spaces based on the proposed use. The proposal does not create unacceptable adverse impacts upon the abutting properties since no changes to the exterior of the building are proposed. Also, the level of non-conformity is not exacerbated or perpetuated by the proposal. The effect of approving the application is negligible. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr.B. McColl That the application of Nabil Abdullah & Thikra Razooq requesting permission to change legal non-conforming use, being a convenience retail store with one dwelling unit by adding a second dwelling unit; having a front yard setback of 0.9m (2.952’); a parking setback of 1.5m (4.921’) from Park Street; and 6 off-street parking spaces rather than the required 7 off-street parking spaces, on Part Lot 4, Registered Plan 387, 366-368 Park Street, Kitchener, Ontario, BE APPROVED , subject to the following conditions: 1. That the owner shall submit to and obtain approval of a Minor Change to an Approved Site Plan that is Deemed Not Development application from the City’s Manager of Site Development and Customer Service. This application shall be in general conformity with the plan provided with Application A 2014-055 and shall include, among other things, the closure of the driveway entrance off Glasgow Street and installation of landscaping in its place, and the installation of a 6th parking space as shown on said plan. 2. That the owner shall obtain approval of a building permit from the City’s Building Division for all applicable interior building modifications. 3. That the owner shall submit to and obtain approval of an Occupancy Certificate application for the additional dwelling unit from the City’s Director of Planning. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 165 - Submission No.: 2.A 2014-055 (Cont’d) 4. That Conditions 1 through 3, above, shall be completed prior to September 16, 2015. The site plan requirement, outlined in Condition 1, shall be fully approved by the aforementioned date and shall be fully implemented by September 16, 2016. Any request for a time extension must be approved in writing by the City’s Director of Planning, prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that the request for permission to change legal non- conforming use, being a convenience retail store with one dwelling unit by adding a second dwelling unit within the existing building under Section 45 (2) (a) of the Planning Act is appropriate for the following reasons: 1. The use of this property as a convenience retail store with one dwelling unit lawfully existed on the day the by-law was passed to prohibit such use. 2. The approval of this application will not adversely impact the adjacent properties or the neighbourhood as a whole. 3. That the proposed change legal non-conforming use, being a convenience retail store with two dwelling units is similar in nature to the existing legal non-conforming use. Carried Submission No.: 3. A 2014-056 Applicant: Dean Knight Property Location: 97 Gatewood Road Legal Description: Lot 100, Plan 876 Appearances: In Support: D. Szusz Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a deck and gazebo exceeding 0.6m (1.968’) in height having a rear yard setback of 2.035m (6.68’) rather than the required 7.5m (24.606’). The Committee considered the report of the Planning Division, dated September 9, 2014, advising that the subject property is located at 97 Gatewood Road. The property is developed with a single detached dwelling and is zoned Residential Three (R-3) in the City’s Zoning By-law and designed Low Rise Residential in the City’s Official Plan. The owner is proposing to construct a deck in the rear yard that is above 0.6 metres in height and will have a rear yard setback of 2.035 metres. Relief is being sought from Section 37.2.1 of the Zoning By-law to allow a rear yard setback of 2.035 metres rather than the required 7.5 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: The requested variance for a reduced rear yard setback 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 maintain the low density character of the property and will not impact the surrounding neighbourhood. The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear yard setback is to provide outdoor amenity space as well as adequate separation from neighbouring properties. It is staff’s opinion that the proposed deck with a rear yard setback of 2.035 metres will continue to provide outdoor amenity space for the owner and will be buffered by existing trees which will minimize any impacts on neighbouring properties. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 166 - Submission No.: 3.A 2014-056 (Cont’d) The variance can be considered minor. It is staff’s opinion that the reduced rear yard setback for a proposed deck is minimal and will not impact the adjacent properties. The variance is appropriate for the development and use of the land. It is staff’s opinion that the proposed deck is appropriately designed for the property and will provide outdoor amenity space for the owner and adequate separation from abutting residential properties. As such, the reduced rear yard setback will have no impact to adjacent lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Dean Knight requesting permission to construct a deck and gazebo exceeding 0.6m (1.968’) in height having a rear yard setback of 2.035m (6.68’) rather than the BE required 7.5m (24.606’), on Lot 100, Plan 876, 97 Gatewood Road, Kitchener, Ontario, 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 Submission No.: 4. A 2014-057 Applicant: Two Sisters Corporation Property Location: 231-235 Frederick Street Legal Description: Lot 17, Subdivision of Lot 3, German Company Tract Appearances: In Support: D. Conly L. Brunen Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to permit a personal service use in an office building with a minimum 322 sq.m. (3465.979 sq.ft.) of gross floor area rather than 4700 sq.m. (50590.379 sq.ft.); and, to permit a personal service use to occupy 45% of the gross leasable commercial space whereas the By-law permits a maximum of 20% of the gross leasable space. The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the property is zoned Commercial Residential One (CR-1) with Special Regulation Provision 114R and Special Use Provision 128U in By-law 85-1 and has an Official Plan designation of Low Density Commercial Residential in the Central Frederick Secondary Plan. The applicant is requesting relief from Section 40.10 of Zoning By-law 85-1 to permit a personal service use in an office building with a minimum 322 square metres of gross floor area, rather than 4700 square metres. Secondary, relief is also being sought from Section 40.10 of Zoning By- law 85-1 to permit a personal service use to occupy 45% of the gross leasable commercial space whereas a maximum of 20% of the gross leasable space is permitted. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 167 - Submission No.: 4.A 2014-057 (Cont’d) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Official Plan. The intent is to ensure that a personal service use is internal to a building that has a minimum floor area devoted to office use. While the proposed floor area of the personal service use is approximately 45% of the total floor area, the majority of the floor space (55%) will be used for office-type uses. The variances meet the intent of the Zoning By-law. The intent is to ensure that a personal service use is not a major occupant of a building. The use is intended to serve the occupants of the building and the surrounding commercial or residential properties in the neighbourhood, as well it may draw clients from areas outside the general neighbourhood. This intent can be maintained in the subject building. The variances are minor and can be considered appropriate development and use of the land and surrounding area as the variance would permit a personal service use that will be supported by, and contribute to, the surrounding community. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Two Sisters Corporation requesting permission to permit a personal service use in an office building with a minimum 322 sq.m. (3465.979 sq.ft.) of gross floor area rather than 4700 sq.m. (50590.379 sq.ft.); and, to permit a personal service use to occupy 45% of the gross leasable commercial space whereas the By-law permits a maximum of 20% of the gross leasable space, on Lot 17, Subdivision of Lot 3, German Company Tract, 231-235 BE APPROVED Frederick Street, Kitchener, Ontario, , subject to the following condition: 1. That the owner shall ensure that Occupancy Certificates are obtained for all the tenants in the building as of September 16, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to fulfill this condition will result in this approval becoming null and void. 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 Submission No.: 5. A 2014-058 Applicant: CityWorks Development and Management and Globe Studios (K-W) Property Location: 141 Whitney Place Legal Description: Part Lots 297, 298 & 303, Subdivision of Lot 17, German Company Tract, being Parts 6 & 7 on Reference Plan 58R-2803 Appearances: In Support: J. MacDonald Contra: None Written Submissions: postcards from neighbours in support COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 168 - Submission No.: 5.A 2014-058 (Cont’d) The Committee was advised that the applicants are requesting permission to legalize a mixed- use industrial building having 39 off-street parking spaces rather than the required 59 off-street parking spaces. The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the subject lands are located south of the intersection of Whitney Place and Cedar Street South and contain the former Bonnie Stuart Shoe’s. The factory closed production in 1997 and sold the property to Globe Studios and CityWorks in 2000. The building was repurposed for craftsman shops, small manufacturing uses such as catering, and a design office (architect) among other uses which are permitted in the existing General Industrial (M-2) and Existing Use (E-1) Zones. The ownership is currently proposing to add a Private Club use to the property, The Courtyard at Bonnie Stuart, which is also a permitted use. The club’s membership will consist of the various craftsmen, artists and other tenants who occupy the building. The private club is proposed to provide a common event space which may be used by members and their guests for productions, exhibitions, workshops, seminars, and fundraising events that sustain the facility. In order to legally operate The Courtyard at Bonnie Stuart, parking must be provided for the use in accordance with the regulations of the By-law. The site plan submitted in support of the variance application shows 39 parking spaces. Staff has reviewed this plan and finds that 2 of these spaces do not meet design standards. As such, staff recommend that the variance request should be revised so that the applicant is seeking 37 parking spaces, whereas the compliment of existing tenants and the proposed private club require 59 parking spaces according to the Zoning By-law. Therefore, staff recommend that the Committee amend the variance request to permit a minimum of 37 parking spaces whereas 59 parking spaces are required by the 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 offer the following comments. Staff is of the opinion that the intent of the Official Plan is maintained. The subject lands are designated General Industrial and Open Space in the Mill Courtland Secondary Plan. The General Industrial designation recognizes the range of uses currently operating in the building. The Open Space designation applies to a portion of the property adjacent to Schneider Creek. The designation identifies that flooding is possible and permits such lands to continue to be used for uses which legally existed when the designation was applied to the lands. An interpretation was made in 1999 which allowed a manufacturing/craftsman shop to locate in the portion of the building designed Open Space, as a continuation of the previous existing manufacturing use. The proposed Private Club is proposed to be located within the portion of the site designed General Industrial and is a permitted use. Official Plan policy also allows the City to consider reducing parking requirements for properties where it can be demonstrated that such reductions will not negatively affect the community. As is discussed in the following sections, staff is of the opinion that, for a variety of reasons, the proposed reduction will not negatively affect the community. The subject lands are zoned General Industrial Zone (M-2) and Existing Use Zone (E-1). The E-1 zone applies to that portion of the lands located within the floodway portion of Schneider Creek and recognizes the previous manufacturing/craftsman shop use of the building. The existing and proposed uses comply with the zoning. The intent of the parking regulations is to ensure that there is adequate parking for the uses of a property. In support of the application, a Parking Justification Study has been prepared. This study outlines a number of factors which help to justify the proposed reduction in parking including the proximity to the downtown, location within a rapid transit station area, off-set peak parking demands times, Transportation Demand Management (TDM) measures, and opportunities for occasional off-site parking. The subject property is located in the central city, near the downtown and within a future rapid transit station area (Cedar Street). If this property were located in the downtown, 36 spaces would be required by the By-law. This is consistent with the number of spaces the owner is able to provide. The reason less parking is required in the downtown, is that there is a greater number of visitors and employees who may cycle, walk or take transit. The site is located in close proximity to the downtown, has good access to walking and cycling routes including the Iron Horse Trail, is within a 5 minute walk of several existing bus routes and will be within a few minutes’ walk of the COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 169 - Submission No.: 5.A 2014-058 (Cont’d) future Cedar/Charles RT Station. As such, Planning and Transportation Services staff is of the opinion that a reduced parking ratio is appropriate given this site’s central location and that it has access to many of the same travel options that are available in the downtown. The current complement of uses in the building mixes traditional 9 - 5 businesses such as design and other offices, with craftsman establishments, artist space and catering businesses with broader hours of operation, and the proposed private club which is expected to have mainly evening and weekend hours. Therefore, the parking demands are spread out over daytime and evening hours, as well as between weekdays and weekends. Staff is of the opinion that because the parking demands between various tenants is off-set; this will help to ensure that adequate parking is available, and that large amounts of unnecessary parking are not provided. Staff note that at the times of both site visits, which were conducted during regular business hours, the parking area was very lightly used with only about 10 cars being present on each occasion. The owner has also indicated in the Parking Justification Study that certain TDM measures have been introduced including motorcycle and scooter parking spaces, secure indoor and outdoor bike parking which has been developed in response to significant demand from current tenants, as well as shower facilities, and emergency ride-home programs. All of these features are taken into consideration in the Region of Waterloo’s TDM checklist. The applicant has completed this checklist and it finds that this is a TDM supportive development and is eligible for a parking reduction. There are also opportunities for occasional off-site parking at other businesses located along Whitney Place. The owner of Ed Lau Ironwork Limited at 115 Whitney Place has indicated in writing that they are able to accommodate a number of vehicles in their paved staff parking area during evening and weekend hours - outside of their normal hours of operation. This measure will also help to ensure sufficient parking is available for the private club for performances/shows and larger events. Furthermore, staff note that the performance venue has been operating informally for a period of time. Transportation Services staff confirm that there have been no complaints to By-law Services from nearby property owners with respect to on-street or on-site parking during the past year. Based on the foregoing, staff is of the opinion that there will continue to be sufficient parking on the subject site to meet the needs of the current complement of uses on the subject site and that the intent of the By-law is maintained. This proposal represents a creative adaptive reuse of an older industrial property. Given the proximity to the downtown, various travel and transit options, the presence of various TDM measures and the range of uses in the building, staff is of the opinion that the proposed reduction is both minor and appropriate for the development and use of the lands. Staff note that as the introduction of a Private Club is a change in the use of the building, a formal change must be made to the site plan. It is important that provision be made on the site plan for barrier-free parking spaces, bicycle parking and motorcycle/scooter parking as well. As such, as a condition of the variance, staff recommends that the applicant be required to secure Deemed not Development Site Plan Approval for a Minor Change to the Approved Site Plan. This approval shall require that prior to issuance of a building permit to formally establish the Private Club, that all spaces be demarcated and that any other site works required by the Planning Division be completed. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated September 8, 2014, advising that although they have no concerns with this application, they noted that the subject property is within the floodplain of Schneider Creek. Consequently, the property is regulated by the GRCA under Ontario Regulation 150/06. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. Mr. J. MacDonald advised that he is in attendance in support of the staff recommendation. He circulated 17 postcards on behalf of neighbours in support of the variance application. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 170 - Submission No.: 5.A 2014-058 (Cont’d) Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of CityWorks Development and Management & Globe Studios (K-W) requesting permission to legalize a mixed-use industrial building having 37 off-street parking spaces rather than the required 59 off-street parking spaces, on Part Lots 297, 298 & 303, Subdivision of Lot 17, German Company Tract, being Parts 6 & 7 on Reference Plan 58R-2803, BE APPROVED 141 Whitney Place, Kitchener, Ontario, , subject to the following conditions: 1. That the variance shall be applicable for the complement of uses listed on the site plan submitted in support of application A 2014-058, or a similar complement of uses, at the discretion of the City’s Director of Planning. 2. That the owner shall obtain building permits from the City’s Building Division for the proposed renovations and change in use prior to construction. 3. That the owner shall make application for a Certificate of Occupancy from the Planning Division, prior to occupancy of the Private Club. 4. That a Deemed not Development Site Plan, shall be approved by the Manager of Site Development and Customer Service, prior to the issuance of a building permit for a Private Club. The plan shall show (but is not limited to) the following: a. 37 parking spaces of which 2 shall be barrier free parking spaces designed in accordance with the City’s Zoning By-law. The plan shall indicate how parking spaces will be demarcated. b. 4 secure bicycle parking spaces (i.e. bike racks) and a dedicated motorcycle/scooter parking area. 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.: 6. A 2014-059 Applicant: 6965083 Canada Inc. Property Location: 81 York Street Legal Description: Lot 15, Streets and Lanes, Part Lot 284, Plan 385, Part Lot 14, Plan 408, Lot 1 Subdivision of Lot 15 Appearances: In Support: D. Aston E. Elliott Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to convert the existing penthouse units into smaller dwelling units in a multi-residential building having 117 off-street parking spaces rather than the required 158 off-street parking spaces; and 17 off-street visitor parking spaces rather than the required 32 off-street visitor parking spaces. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 171 - Submission No.: 6.A 2014-059 (Cont’d) The Committee considered the report of the Planning Division, dated September 5, 2014, advising that the subject property is located at the southwest corner of Union Boulevard and York Street in the KW Hospital Planning Neighbourhood. The site contains an 8-storey apartment building containing 103 units with underground and surface parking totalling 117 spaces. It was constructedin 1968. The owner is proposing an interior renovation by converting the penthouse units into smaller units resulting in a net increase of 2 units for a total of 105 units. This increase will result in the need for additional parking spaces that cannot be accommodated, so the applicant is applying for a variance seeking relief to the required number of parking spaces. The following parking variances are being requested: • Section 6.1.2a) requires 105 units to have 158 parking spaces whereas 117 spaces are provided as an existing condition. • Section 6.1.2 vi) b) requires 32 (20%) of the required 158 parking spaces to be allocated for visitor spaces whereas 17 (11%) are currently provided as an existing condition. 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 followingcomments. With respect to the number of parking spaces, the intent of the Official Plan is to ensure that parking is provided at levels and rates that are appropriate for the use. Policies support the establishment of parking standards which result in supplies consistent with the needs of development, and which encourage the use of alternate means of transportation. Policies allow the consideration of reduced parking requirements for properties where it can be demonstrated that such reductions will not negatively affect the community. Policies specifically state that “the City shall seek to ensure that the parking standards for residential uses are reasonable and based on expected automobile ownership and parking demand.” Similarly, the intent of the Zoning By-law regulations are to provide for an appropriate number of resident and visitor parking spaces for the use and to ensure the proper and safe functioning of the parking lot. With respect to the requested variances staff offer the following comments. In support of the subject application, the applicant has provided a Parking Review prepared by Paradigm Transportation Solutions Limited. The general findings of the Review indicate that average vehicle ownership of the subject building is 0.89 vehicles/unit; the highest observed demand for parking spaces over a 24 hour period in July was 78 vehicles or 0.76 vehicles/unit and a minimum excess of 39 parking spaces exists throughout the day. The data suggests the current supply of 117 spaces will more than meet the day-to-day parking needs of the building and that the addition of 2 more units will not have a negative impact on parking. This study has been reviewed and accepted by the City’s Transportation Services staff. Staff is of the opinion that legalizing the existing 117 parking spaces will result in a parking supply that meets the needs of the multiple residential dwelling on this site, and is reasonable for this site based on expected automobile ownership and parking demand demonstrated through the parking study. Furthermore, locational and demand management measures encourage the use of alternative means of transportation. Therefore, based on the foregoing, staff is of the opinion that the intent of the Official Plan and Zoning By-law are maintained. The existing multiple dwelling was constructed in 1968. The parking situation has existed for 45 years without staff knowledge of concerns or complaints. Based on the parking review, the parking lot is not operating at full capacity and can accommodate the creation of two additional units, Therefore, staff is of the opinion that the proposed parking variance is both minor and appropriate for the development and use of the land. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. Mr. D. Aston and Ms. E. Elliot presented the application and advised that they are in support of the staff recommendation. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 172 - Submission No.: 6.A 2014-059 (Cont’d) Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of 6965083 Canada Inc. requesting permission to convert the existing penthouse units into smaller dwelling units in a multi-residential building having 117 off-street parking spaces rather than the required 158 off-street parking spaces; and 17 off-street visitor parking spaces rather than the required 32 off-street visitor parking spaces, on Lot 15, Streets and Lanes, Part Lot 284, Plan 385, Part Lot 14, Plan 408, Lot 1 Subdivision of Lot 15, German BE APPROVED Company Tract, Part Lot 116, Plan 203, 81 York Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall install new visitor parking signage be installed by August, 2015 to the satisfaction of the Director of Transportation Services. 2. That the owner shall obtain a building permit from the City’s Building Division for the conversion of the penthouse units into smaller residential units. 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 Submission No.: 7. A 2014-060 Applicants: Max Becker Enterprises Property Location: 155 Commonwealth Street Legal Description: Block 40, Registered Plan 58M-301 Appearances: In Support: G. Roughley C. McCutcheon B. Johnson V. Bender Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a 4 storey apartment building having a barrier-free ramp exceeding 0.6m (1.968’) in height 1.5m (4.92’) from the side yard lot line adjacent to Max Becker Drive rather than the required 3.0m (9.842’); having a staircase for the main entrance exceeding 0.6m (1.968’) located 0.53m (1.74’) from the front lot line rather than the required 3.0m (9.842’); and, an entrance exceeding 0.6m (1.968’) in height to be located 0.47m (1.54’) from the lot line adjacent to Dubrick Crescent rather than the required 3.0m (9.842’). The Committee considered the report of the Planning Division, dated August 27, 2014, advising that the subject property is located in the Williamsburg Community in southwest Kitchener and is presently undeveloped land. A site plan application is currently being reviewed by staff for a 46 unit, four-storey multiple dwelling. The site is bounded on three sides by municipal roads – Commonwealth Street, Max Becker Drive and Dubrick Crescent, and is adjacent to existing low rise residential development. The Official Plan designation of the land is Mixed Use Node and the zoning is Residential Eight Zone (R-8) in the City’s Zoning By-law. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 173 - Submission No.: 7.A 2014-060 (Cont’d) The applicant is requesting three minor variances to Section 5.6.1 a) of Zoning By-law 85-1 which permits steps and access ramps to be located within any required yard provided that the maximum height is 0.6 metres above finished grade level within 3.0 metres of a street line. The requested variances are as follows: A. To allow a barrier-free access ramp having of height of 1.52 metres above finished grade to be located 1.5 metres from the side lot line abutting a street; B. To allow the main entrance steps having a height of 1.67 metres above finished grade to be located 0.53 metres from the front lot line; and, C. To allow the exit steps at the side of the building having a height of 1.02 metres above finished grade to be located 0.47m from the side lot line abutting a street. 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 variances meet the intent of the Mixed Use Node designation in the City’s Official Plan as development in Mixed Use Nodes is intended to generally have strong pedestrian linkages with the surrounding residential neighbourhoods and for development to be compatible with adjacent low rise residential development. The variances with respect to the barrier-free access ramp and steps will provide strong pedestrian links to the abutting streets while not affecting the adjacent low rise residential development. The requested variances meet the intent of the Zoning By-law for the following reasons. The subject property is zoned Residential Eight Zone (R-8) in the City’s Zoning By-law which permits development of a multiple dwelling and Section 5.6.1 a) of the Zoning By-law permit steps and access ramps to be located within any required yard. The modest increase in height for these structures in relation to the setback from the front and side lot lines is in keeping with the intent of the By-law and will connect the proposed multiple dwelling to the public streets. The requested variances are minor for the following reasons. Both the Official Plan and Zoning By-law permit the use of a multiple dwelling on the subject lands, and the variances with regard to the barrier-free access ramp and step locations will not create any undue hardship on adjacent properties and will maintain a strong pedestrian connectivity to the surrounding community. The requested variances are appropriate for the development and use of the land for the following reasons. The proposed four storey multiple dwelling is a permitted use and will be an excellent addition to the community as it is located directly across the street from the public park known as Max Becker Commons and will create strong pedestrian connections to each of the abutting public streets, the public park and the surrounding community. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with this application. Mr. G. Roughley provided a brief summary of the application and advised that he is in support of the staff recommendation. Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Max Becker Enterprises requesting permission to construct a 4 storey apartment building having a barrier free ramp exceeding 0.6m (1.968’) in height 1.5m (4.92’) from the side yard lot line adjacent to Max Becker Drive rather than the required 3.0m (9.842’); having a staircase for the main entrance exceeding 0.6m (1.968’) located 0.53m (1.74’) from the front lot line rather than the required 3.0m (9.842’); and, an entrance exceeding 0.6m (1.968’) in height to be located 0.47m (1.54’) from the lot line adjacent to Dubrick Crescent rather than the required 3.0m (9.842’), on Block 40, Registered Plan 58M-301, 155 Commonwealth Street, Kitchener, BE APPROVED. Ontario, COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 174 - Submission No.: 7.A 2014-060 (Cont’d) 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 CONSENT Submission No.: 1. B 2014-031 Applicant: 2404786 Ontario Inc. Property Locations: 95 Mt. Hope Street Legal Description: Lot 12 and Part Lot 11, Plan 287 Appearances: In Support: T. Rakic Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Both the severed and retained lots will front onto Mt. Hope Street, with the severed land having a lot width of 9.13m (29.954’) a depth of 27.43m (89.99’) and an area of 250 sq.m. (2696 sq.ft.). The retained land will have a width on Mt. Hope Street of 9.12m (29.92’) a depth of 27.43m (89.99’) and an area of 250 sq.m. (2696 sq.ft.). The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the Committee of Adjustment approved application B 2014-015 on March 18, 2014 to sever the subject lands into two separate lots to be developed with either single detached or duplex dwelling units. Since that time, the owner has decided to develop the lot with a semi- detached dwelling and has now applied for a severance application to divide the property along the shared wall between each half of the semi-detached dwelling. The property is designated as Low Rise Conversation in the KW Hospital Neighbourhood Secondary Plan and is zoned as Residential Five (R-5) in the Zoning By-law. Single detached, duplex, semi-detached, and three-unit multiple dwellings are permitted uses in the R-5 zone. Planning Comments: The application proposes to sever a lot with a width of 9.12 metres, a depth of 27.43 metres, and a lot area of approximately 250 square metres. The retained lands are proposed to have a lot width of 9.12 metres, a depth of 27.43 metres, and an area of approximately 250 square metres. Both the retained and severed lots meet the zoning regulations for single detached and duplex dwellings in the R-5 zone. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City’s Official Plan and that the configurationof the proposed lots can be considered appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden Horseshoe. Engineering Comments: Separate individual service connections for sanitary, storm, and water, are required for both the retained and severed properties, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 175 - Submission No.: 1.B 2014-031 (Cont’d) services, prior to final severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division, prior to severance approval. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Building Comments: The Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved on the property, a second set of services will be required by the Building Code and a building permit will be required. The Committee considered the report of the Region of Waterloo, Principal Planner, dated September 4, 2014, advising that they have no objections to this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated September 10, 2014, requesting that approval of this application be subject to the following conditions: 1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed before the severances are granted. 2. That the applicant make arrangement for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. 3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles and street light standards. Mr. T. Rakic advised that he is in attendance in support of the application and staffs recommendation. In response to questions, Mr. Rakic advised that he had previously applied to the Committee for a consent application to create a new lot on the subject property for single detached dwellings. He indicated that due to market conditions he has chosen to abandon the previous application and construct a semi-detached dwelling rather than the previously proposed single detached dwellings. The Chair noted the comments from Kitchener Wilmot Hydro and requested that the conditions be included as part of the Committee’s decision. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of 2404786 Ontario Inc. requesting permission to sever a parcel of land for a semi-detached residential development having a lot width of 9.12m (29.92’) a depth of 27.43m (89.99’) and an area of 250 sq.m. (2696 sq.ft.), on Lot 12 and Part Lot 11, Plan 287, 95 Mt. Hope BE GRANTED Street, Kitchener, Ontario, , 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 SEPTEMBER 16, 2014 - 176 - Submission No.: 1.B 2014-031 (Cont’d) 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the removal of any redundant service connections to the severed lands and/or retained lands. 7. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division prior to severance approval. 8. That the applicant shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed before the severances are granted. 9. That the applicant shall make arrangement for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. 10. That the owner shall ensure that the driveways will be located so as to provide a minimum of 1.0m clearance to all poles and street light standards. 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 September 16, 2016. Carried COMBINED APPLICATIONS: Submission Nos.: 1. B 2014-032 Applicant: Momentum Developments (2373074 Ontario Inc.) Property Location: 98, 100 and 100 ½ Victoria Street South Legal Description: Part Lot 553, Plan 378, Part Lot 41, Plan 420, being Parts 1 & 2 on Reference Plan 58R-1597 - and - COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 177 - Submission Nos.: 1.B 2014-032 & A 2014-061 (Cont’d) Submission No.: A 2014-061 Applicant: Bakshinder Singh & Amarjit Singh Property Location: 92-94 Victoria Street South Legal Description: Part Lot 41, Plan 420, being part 3 on Reference Plan 58R-1597 Appearances: In Support: H. Holbrook M. Maxwell Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to sever a parcel of land from having a width on Victoria Street South of 1.5m (4.92’); a depth of 26.3m (86.286’) and an area of 40 sq.m. (430.556 sq.ft.) to be conveyed as a lot addition to 92-94 Victoria Street South. Due to the consent application for the lot addition permission is also being requested to recognize a legal non-complying southerly side yard setback on 92-94 Victoria Street South of 1.9m (6.233’) rather than the required 3m (9.842’). The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the subject properties are located at 92-94 and 98, 100 and 100½ Victoria Street. The properties are located on Victoria Street South, directly south of the Victoria Street and Arthur Place intersection. The properties known as 98, 100 and 100½ Victoria St. South (the ‘retained parcel’) are subject to concurrent Official Plan, Zoning By-law Amendment & Site Plan applications to permit a two-tower mixed use development consisting of 5,300 sq.m. of office space, ground floor commercial uses and 276 residential units. The property known as 92-94 Victoria Street South (the ‘recipient parcel’) contains a brick semi- detached dwelling with aluminum cladding. The applicant is requesting to sever a portion of the lands from 98 to 100½ Victoria Street South to be conveyed as a lot addition to the property known as 92-94 Victoria Street South. In addition, the applicant is requesting a minor variance to permit the side yard setback of the building at 92- 94 Victoria Street South. At this time staff is unable to confirm if the residential use of the property at 92-94 Victoria Street South is in fact legal or legal non-conforming and are urging the property owner to meet with staff to discuss the existing use of the property. In the interim, staff is supportive of the lot addition and associated minor variance as the proposed side yard setback is more compatible with the requirements in the Zoning By-law and the increased lot area of the recipient parcel will facilitate future redevelopment of the site. The surrounding neighbourhood contains a mix of residential and commercial and office uses including single detached dwellings, low-rise apartments, and office buildings. Consent: Through consent application B 2014-032, the applicant is proposing to sever a portion of the lands known as 98 - 100½ Victoria Street South (an area measuring approximately 1.5 metres by 26.3 metres, and totalling approximately 40 sq.m.) to be conveyed as a lot addition to the adjacent residential lot at 92 - 94 Victoria Street South. No new lot is being created through the consent process. The lot addition will increase the southerly side yard setback of the property at 92 – 94 Victoria Street from 0.4 metres to 1.9 metres, thereby creating a setback more consistent with the requirements in the Zoning By-law. The subject property is zoned Warehouse District Zone (D-6). The dimensions and shape of both the retained and recipient parcel conform to the zoning regulations and are appropriate and suitable for the existing dwelling and the future development of the retained lot. The proposed consent conforms to the 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. COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 178 - Submission Nos.: 1.B 2014-032 & A 2014-061 (Cont’d) Minor Variance: The applicant is requesting a minor variance to permit a side yard setback for the existing building of 1.9 metres, rather than the 3.0 metres as required by the By-law. The current side yard setback is 0.4 metres however the lot addition lands will increase the side yard setback to the requested 1.9 metres. In 1976 a minor variance was granted for the property at 92-94 Victoria Street South to permit a side yard setback of 0.4 metres. With the addition of lands though the lot addition, an associated minor variance is being sought to increase the side yard setback from the existing 0.4 metres to 1.9 metres which achieves greater consistency with the 3.0 metre side yard setback requirement in 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 offer the following comments. The requested lot addition and variance for the proposed side yard setback dwelling meets the intent of the Official Plan. The area in which the properties are located is an area intended for future redevelopment. The lot addition and minor variance will seek to increase the size of the parcel at 92-94 Victoria Street South thereby facilitating future redevelopment. The minor change will maintain the character of the property and surrounding neighbourhood. The intent of the side yard setback in the Zoning By-law is to allow sufficient space between the building and the lot line for access and maintenance. The existing side yard setback is 0.4 metres and the request to increase the setback to 1.9 m is greater than what currently exists and will provide greater access between the lot line and the building. The proposed setback is appropriate and meets the intent of the required 3.0 m side yard setback in the Zoning By-law. Based on the foregoing, and as the setback has existed since 1976, with no record of concerns or complaint, staff are of the opinion that a side yard of 1.9 m for the attached garage is minor and is appropriate for the development and use of the lands. The Committee considered the report of the Region of Waterloo, Principal Planner, dated September 4, 2014, advising that although they have no objections to Submission No. B 2014- 032, they noted that a road widening dedication on the severed lands and 92-94 Victoria Street South in the amount of 3.14 m. and a daylight triangle at the corner of Victoria and Arthur Place will be addressed as part of any future redevelopment at 92-94 Victoria Street South. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2014, advising that they have no concerns with Submission No. A 2014-061. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated September 8, 2014, advising that although they have no concerns with this application, they noted that a portion of the subject property contains the regulated allowance associated with a floodplain. Consequently, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. Ms. H. Holbrook advised that she is in attendance in support of the proposed applications and the staff recommendation. Submission No. B 2014-032 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Momentum Developments (2373074 Ontario Inc.) requesting permission to sever a parcel of land from having a width on Victoria Street South of 1.5m (4.92’); a depth of 26.3m (86.286’) and an area of 40 sq.m. (430.556 sq.ft.) to be conveyed as a lot addition to 92-94 Victoria Street South, on Part Lot 553, Plan 378, Part Lot 41, Plan 420, being Parts 1 & 2 on BE Reference Plan 58R-1597, 98, 100 & 100½ Victoria Street South, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT SEPTEMBER 16, 2014 - 179 - Submission Nos.: 1.B 2014-032 & A 2014-061 (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 lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 September 16, 2016. Carried Submission No. A 2014-061 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Bakshinder Singh & Amarjit Singh requesting permission to recognize a legal non-complying southerly side yard setback on 92-94 Victoria Street South of 1.9m (6.233’) rather than the required 3m (9.842’), on Part Lot 41, Plan 420, being part 3 on Reference Plan BE APPROVED 58R-1597, 92-94 Victoria Street South, Kitchener, Ontario, . 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 SEPTEMBER 16, 2014 - 180 - ADJOURNMENT On motion, the meeting adjourned at 10:29 a.m. Dated at the City of Kitchener this 16th day of September, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment