Loading...
HomeMy WebLinkAbout2015-03-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 17, 2015 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Technologist; Mr. G. Stevenson, Planner; Ms. H. Dyson, Administrative Clerk; and, Ms. S. Delaney, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:01 a.m. MINUTES Moved by Ms. J. Meader Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held February 17, 2015, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT Submission Nos.: 1. B 2014-111 Applicant: John Brohman Property Location: 329-331 Victoria Street North Legal Description: Part Lot 23, Plan 33, being Part 1 on Reference Plan 58R-1494 Appearances: In Support: None Contra: None Written Submissions: None The Committee agreed to defer consideration of this application to its meeting scheduled for April 21, 2015 to allow the applicant time to finalize a Minor Variance application to recognize the use of the property as a semi-detached dwelling, which shall be considered in conjunction with Consent application B 2014-111. This meeting recessed at 10:02 a.m. and reconvened at 10:03 a.m. with the following members present: Messrs. D. Cybalski and B. McColl and Ms. J. Meader. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2015-010 Applicants: Andrea Ladecka Property Location: 78 Amherst Drive Legal Description: Lot 2, Plan 1488 Appearances: In Support: None COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 110 - Submission No.: 1.A 2015-010 (Cont’d) Contra: None Written Submissions: None As no one appeared in support of this application, the Committee agreed to defer its consideration of the application to its meeting scheduled for April 21, 2015 to allow a representative to attend. Submission No.: 2. A 2015-011 Applicant: Emma McCarthy Property Location: 40 Pleasant Avenue Legal Description: Lot 90, Plan 230 Appearances: In Support: E. McCarthy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to install a driveway and to locate the required off-street parking space 2.12m (6.955') from the street line rather than the required setback of 6m (19.69'). The Committee considered the report of the Planning Division, dated March 5, 2015, advising that the subject property located at 40 Pleasant Avenue is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The applicant is proposing to construct and legalize a proposed driveway and parking space located in the front yard of the subject property. 40 Pleasant Avenue currently does not have a driveway or a legal parking space. The applicant is requesting relief from Section 6.1.1.1 b i) of the Zoning By-law to allow the one required parking space for the single detached dwelling to be located in the driveway setback 2.12 metres from the street line rather than the required 6.0 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 subject property is designated Low Rise Residential in the City’s Official Plan. This designation permits low density forms of housing such as single detached dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance to legalize the location of the one required parking space is permitted. The requested variance to legalize the off street parking space 2.12 metres from street lot line meets the intent of the Zoning By-law. The reduction of 3.88 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. Transportation Services staff support a 3.88 metre reduction from the required 6 metre parking setback to provide a 2.12metre setback. The proposed variance should not have any impact on the adjacent residential properties. The variance can be considered minor as it is staff’s opinion that the required parking space can still be accommodated on-site in a safe manner. The reduced setback of 3.88 metres will not present any significant impacts to adjacent properties and the overall neighbourhood. The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. There is an existing curb cut in front of the proposed driveway location; however, the driveway was never constructed by the previous owner. The requested minor variance is necessary as it will create a legal parking space and driveway for the owner. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 111 - Submission No.: 2.A 2015-011 (Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 26, 2015, advising that they have no concerns with this application. Ms. J. Meader referred to the comments made by the City’s Transportation Services, indicating that the grades on site for the proposed driveway may impact the functionality of the parking space, and questioned whether the Driveway Visibility Triangle (DVT) would be maintained. Mr. D. Seller advised that the proposed dimensions are wider than a standard parking space to allow the owner enough width to access their vehicle. He stated, as per a requirement of the Parking Plan outlined in Condition 1 of the staff recommendation, the owner will be required to maintain the DVT for clearance of that Condition. Ms. J. von Westerholt added that the DVT should not be impacted by the installation of a driveway on the subject property. She noted that if the DVT cannot be maintained, the applicant will be required to return to the Committee to request an additional variance; however, staff will consult with the applicant to ensure all requirements, including the DVT, are maintained. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Emma McCarthy requesting permission to install a driveway and to locate the required off-street parking space 2.12m (6.955') from the street line rather than the required BE setback of 6m (19.69'), on Lot 90, Plan 230, 40 Pleasant Avenue, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall submit a Parking Plan to the satisfaction of Transportation Services. 2. That the owner shall obtain a Building Permit from the City’s Building Division if a retaining wall 1 metre or higher is required to accommodate the new driveway. 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.: 3. A 2015-012 and A 2015-013 Applicant: Carey Homes Inc. Property Location: 150 and 158 Eaglecrest Street Legal Description: Lots 131 and 133, Registered Plan 58M-512 Appearances: In Support: J. Dunker Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single detached dwelling with a covered deck in the rear yard having a rear yard setback for 150 Eaglecrest Street of 5.731m (18.802‘) rather than the required 7.5m (24.606‘); and, for 158 Eaglecrest Street of 4.8m (15.748‘) rather than the required 7.5m (24.606‘). The Committee considered the report of the Planning Division, dated February 19, 2015, advising that the report will address the suitability of the proposed rear yard variances for two similar properties under the same ownership. The subject properties are municipally addressed as 150 Eaglecrest Street and 158 Eaglecrest Street, and are both zoned Residential Six (R-6) with Special Regulations 306R and 307R in the Zoning By-law, and are both designated Low Rise COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 112 - Submission Nos.: 3.A 2015-012 & A 2015-013 (Cont’d) Residential in the Official Plan. The sites both contain a single-detached dwelling. The applicant is seeking relief from Section 40.2.2 of the City of Kitchener Zoning By-law to reduce the minimum rear yard setback from 7.5 metres to 5.73 metres for 150 Eaglecrest Street and to 4.8 metres for 158 Eaglecrest Street to construct a 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 offer the following comments regarding the requested minor variances: The requested variances to reduce the rear yard setback to construct an attached covered deck meet 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 Official Plan states that, “Low Rise Residential Districts shall accommodate… integration of different forms of housing to achieve a low overall intensity of use”. The requested reduced rear yard requirement to construct the attached covered deck will continue to conform to the low density character of the surroundingneighbourhood. The proposed variances meet 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 abutting properties. Staff is of the opinion that the construction of a covered deck will not greatly reduce the amount of open amenity area. Furthermore, the construction of a covered deck will not impact the separation of the property from the abutting properties since both properties back onto Kiwanis Park. The requested variances are considered 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 variances are 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 February 26, 2015, advising that they have no concerns with these applications. Mr. B. McColl noted the comments provided by Environmental Planning staff and questioned whether a Condition regarding Tree Maintenance report should be included as part of the Committee’s Decision. Ms. von Westerholt advised that likely the applicant has already satisfied that requirement through the Subdivision approval process, but staff would not object including it as part of the Committee’s decision if the Condition stated, “if required” to ensure that the requirement is fulfilled prior to the applicant obtaining a Building Permit. Mr. McColl requested an amendment to include an additional Condition requiring the applicant to submit a Tree Maintenance report prior to the issuance of a Building Permit, if required, for both Minor Variance applications A 2015-012 and A 2015-013. Mr. J. Dunker addressed the Committee in support of the subject applications, noting he was in agreement with the staff recommendation and the proposed amendment. Submission No. A 2015-012 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Carey Homes Inc. requesting permission to construct a single detached dwelling with a covered deck in the rear yard having a rear yard setback of 5.731m (18.802‘) rather than the required 7.5m (24.606‘), on Lot 131, Registered Plan 58M-512, 150 Eaglecrest BE APPROVED Street, Kitchener, Ontario, , subject to the following conditions: COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 113 - Submission Nos.: 3.A 2015-012 & A 2015-013 (Cont’d) 1. That the owner shall obtain a Building Permit for the proposed rear roof structure prior to construction to the satisfaction of the Building Division. 2. That the owner shall submit a Tree Maintenance report, if required, prior to the issuance of a Building Permit to the satisfaction of the Director of Planning. 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 2015-013 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Carey Homes Inc. requesting permission to construct a single detached dwelling with a covered deck in the rear yard having a rear yard setback of 4.8m (15.748‘) rather than the required 7.5m (24.606‘), on Lot 133, Registered Plan 58M-512, 158 Eaglecrest BE APPROVED Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the proposed rear roof structure prior to construction to the satisfaction of the Building Division. 2. That the owner shall submit a Tree Maintenance report, if required, prior to the issuance of a Building Permit to the satisfaction of the Director of Planning. 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 2015-014 Applicant: Mark Depass Property Location: 38 Old Cottage Place Legal Description: Lot 125, German Company Tract Appearances: In Support: None Contra: None Written Submissions: None The Committee agreed to defer its consideration of this application to its meeting scheduled for April 21, 2015 to allow the applicant time to consult with staff regarding their Tree Preservation / Enhancement Plan. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 114 - Submission No.: 5. A 2015-015 Applicant: Milestone Developments Inc. Property Location: 210 Eden Oak Trail Legal Description: Lot 21, Registered Plan 58M-575 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.69m (25.230') from the intersection of Eden Oak Trail and Willow Run Drive rather than the required 9m (29.53'). The Committee considered the report of the Planning Division, dated February 2, 2015, advising that the subject property located at Eden Oak Trail is designated Low Rise Residential in the City’s Official Plan and is zoned Residential Four Zone (R-4) in the City’s Zoning By-law. The subject property is located at the intersection of Eden Oak Trail and Willow Run Drive and the property currently contains no structures. The owner is requesting relief from section 6.1.1.1 b) iv) of the Zoning By-law for a driveway to be located 7.69 metres from the intersection of the street lines abutting a lot for a single detached 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 a 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 staff’s opinion that the 1.31 metre reduction is minor and will not impact the property or access to the intersection. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 7.69 metres. The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staff’s opinion that the proposed 7.69 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 26, 2015, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having a driveway located 7.69m (25.230') from the intersection of Eden Oak Trail and Willow Run Drive rather than the required 9m (29.53'), on Lot 21, BE APPROVED Registered Plan 58M-575, 210 Eden Oak Trail, Kitchener, Ontario, , subject to the following condition: COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 115 - Submission No.: 5.A 2015-015 (Cont’d) 1. That the owner shall obtain a Building Permit for the single detached dwelling prior to construction to the satisfaction of the Building Division. 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 2015-017 to A 2015-022 Applicant: 2040796 Ontario Limited Property Location: 130, 138, 140, 148, 150 and 158 Ludolph Street Legal Description: Lots 418, 422, 423, 427, 428 and 432, Registered Plan 58M-579 Ms. J. Meader declared a pecuniary interest with this application, as her firm has acted for the applicant and did not participate in any discussion or voting with respect to the subject applications. Appearances: In Support: D. Riley Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct 3 townhome blocks containing 4 units each, of which the end units will have attached garages with widths that exceed the permitted 70% of the front façade. The Committee considered the report of the Planning Division, dated February 23, 2015, advising that the subject properties are municipally addressed as 130, 138, 140, 148, 150, and 158 Ludolph Street, zoned Residential Six (R-6) in the Zoning By-law with Special Regulations 604R, 606R, and 612R, and designated Low Density Residential Two in the Rosenberg Secondary Plan. The site is currently vacant, but is proposed to be constructed with park-facing street townhouses alongside the rest of the subdivision. The applicant is requesting relief for each individual property noted above from Section 5.5C.1 of the City of Kitchener Zoning By-law to permit the width of the garage attached to a street townhouse to exceed the maximum of 70% of the width of the front façade closest to the street at ground level. 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 to increase the maximum permitted width of the garage meets the intent of the Official Plan. Section 13.10.3.3 of the Official Plan states, “The Low Density Residential 2 land use designation will accommodate a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, townhouse dwellings and low- rise multiple dwellings”, and that, “Each neighbourhood within the Rosenberg Community will be planned, designed and zoned to achieve a variety of housing types, styles and lot widths”. The area surrounding the property is predominately residential, and Staff is therefore of the opinion that the scale and massing of the proposed street townhouses with expanded garages will conform to the surrounding neighbourhood and the policies within the Official Plan. The proposed variance meets the intent of the Zoning By-law. The intent of the Zoning By-law provision for maximum garage width at the façade level is to mitigate adverse impacts on neighbouring properties and to maintain the character of the streetscape, as well as provide COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 116 - Submission Nos.: 6.A 2015-017 to A 2015-022 (Cont’d) adequate separation between the driveways of abutting properties. The unique design of this block of towns face the greenway linear path which necessitates that the garages are at the rear, which faces out onto the streetscape along Outlook Terrace. This is a very short block of townhouses and there are only four lots that flank onto Outlook Terrace. Staff felt that in this instance, in order to provide for a unique gateway into the community with the park-facing townhomes, the garages along Outlook Terrace could be supported as this is a short block and it is not anticipated that this will diminish the overall streetscape of the area. The variance is considered minor. Staff is of the opinion that the requested variance will not negatively affect adjacent properties or the surrounding neighbourhood. Furthermore, the wider driveways will not affect the supply of on-street parking on Outlook Terrace as it is not currently permitted. The proposed variance is appropriate for use of the land as the Zoning currently permits the development of street townhouses. The double-car garage for each end unit represents a desirable built form and provides the opportunity to provide additional off-street parking for a dwelling unit that is more affordable than single-detached dwellings. The scale, massing, and height of the building is appropriate and consistent with the character of the existing 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 February 26, 2015, advising that they have no concerns with these applications. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated February 27, 2015, advising that although they have no concerns with these applications, they noted that they are related to the development of Stage 7 of the Trillium Community Draft Plan of Subdivision (30T-08201). Grand River Conservation Authority (GRCA) staff were involved in the review of 30T-08201, and are currently reviewing Stage 7 for clearance of conditions for Registration. The GRCA further advised that interests pertaining to the development of this site will be addressed through the parallel planning process for the subdivision. In response to questions, Mr. Riley indicated that a standard 2-car garage door is 16ft. He noted that the internal townhome units would have standard 10ft. single-car garage doors. In response to questions, Ms. Von Westerholt advised that the By-law speaks to a percentage of the front façade; there are currently no regulations that address rear façades in relation to garage coverage. She further advised that staff are of the opinion that the increased garage width would not adversely impact the neighbourhood, as the rear of the properties are adjacent to single detached dwellings that do not directly overlook the subject properties. She further advised that the proposed development will be constructed in 3 separate blocks, providing greater amenity space for landscaping to assist with aesthetics. Submission No. A 2015-017 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 70.89% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 418, Registered Plan 58M-579, 130 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 117 - Submission Nos.: 6.A 2015-017 to A 2015-022 (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 Submission No. A 2015-018 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 78.55% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 422, Registered Plan 58M-579, 138 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. 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 2015-019 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 78.55% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 423, Registered Plan 58M-579, 140 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. It is the opinion of this Committee that: 1. The variance requested in this application is minor. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 118 - Submission Nos.: 6.A 2015-017 to A 2015-022 (Cont’d) 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 2015-020 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 78.55% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 427, Registered Plan 58M-579, 148 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. 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 2015-021 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 78.55% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 428, Registered Plan 58M-579, 150 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. 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 MARCH 17, 2015 - 119 - Submission Nos.: 6.A 2015-017 to A 2015-022 (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 Submission No. A 2015-022 Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Limited requesting permission to construct a townhouse dwelling having a maximum garage width of 70.89% of the front façade at ground level whereas the By-law does not permit the garage width to exceed 70% of the front façade, BE on Lot 432, Registered Plan 58M-579, 158 Ludolph Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the townhouse unit prior to construction to the satisfaction of the Building Division. 2. That the owner shall note the internal garage dimensions of minimum width of 3.04 metres and minimum length of 5.49 metres on the plan “WILDFLOWERS PHASE 4A” to the satisfaction of the Transportation Division. 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.: 7. A 2015-023 Applicant: Access Self-Storage Property Location: 50 Ottawa Street South Legal Description: Lots 1-11, Plan 262, Part Lot 486, Streets & Lanes and Part Park Lot 25, Plan 404, being Parts 2-5 & 7, Reference Plan 58R-2633 Appearances: In Support: E. Saulesleja M. Warzecha Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to permit ‘Retail’ as an accessory use to an existing warehouse having less than 10,000 sq.m. within the General Industrial Zone (M-2), whereas the By-law does not permit ‘Retail’ as a permitted use within the M-2 Zone. The Committee considered the report of the Planning Division, dated March 9, 2015, advising that the subject property is located at the south-west corner of Ottawa Street South and Charles Street East and is zoned General Industrial (M-2) with Special Use Provision 159U in Zoning By- law 85-1. The Official Plan designation is General Industrial in the Mill Courtland Woodside Park Neighbourhood Plan. The site contains an existing multi-tenant industrial/commercial plaza. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 120 - Submission No.: 7.A 2015-023 (Cont’d) The applicant is requesting relief from 20.3.1 to permit ‘Retail’ as an accessory use to a proposed warehouse having less than 10,000 square metres within the General Industrial Zone (M-2), whereas the By-law does not permit ‘Retail’ as an accessory use to a warehouse operation with a gross floor area of less than 10,000 square metres within the M-2 Zone. In reviewing the website for Direct Buy, and also the floor plan submitted with this application, staff note that the use would be more accurately called an office with an accessory retail pick-up counter. Members order items online or at a counter in the unit and may have them delivered or may pick them up at the property. Staff note that the variance request is required for only a portion of the ordered goods, such as furniture and mattresses. Other goods that the business sells, such as kitchen cabinets, are permitted within the M-2 use of “building material and decorating supply sales”. It is also noted that the definition of “Warehousing” is a building “used for the storage or wholesaling of goods or material but not including the storage of goods or materials primarily intended to be offered for sale or rental on the site”. The proposed business does not appear to ‘warehouse’ goods but rather stores goods previously ordered and then sold directly to the customer at the site or delivered. Based on the above, staff recommends that the variance be amended to request permission to permit a retail pick up counter as an accessory use to a proposed office use. 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 meets the intent of the Official Plan. The General Industrial designation within the Mill Courtland Woodside Park Neighbourhood Secondary Plan is applicable to inner city and other established industrial areas. It permits a small percentage of office use within a building primarily used for industrial purposes. The request for a retail pick-up counter as an accessory use to a small office is considered to meet the intent of this designation. The proposed variance meets the general intent of the Zoning By-law. The M-2 (General Industrial) Zone currently permits some specific retail uses, which the business will also sell, such as “building material and decorating supply sales”. This variance is for a portion of the goods sold, such as furniture and mattresses, some of which are to be delivered directly to the client from an off-site facility. As the tenant is a non-traditional retail outlet, the unit will still closely resemble an office and a warehouse use and thus retain the intent of the Zoning By-law. The variance is considered minor. Adding the accessory retail pick-up counter component to the office use is not expected to have any major impact on the number of customers attending the site, as the operation functions as an online order business with only some items picked up at the store by the customer. The proposed variance is appropriate for use of the land as the tenant does not function in a traditional retail fashion. The site is centrally located within the City and offers a unique opportunity to suit a non-traditional retail outlet where the primary purpose of the operation is an office with some storage of goods previously ordered. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 26, 2015, advising that they have no concerns with this application. Ms. J. Meader noted a clerical error in Condition 3, and requested that it be amended to reference Conditions 1 and 2 rather than Conditions 2 and 3 as noted in the staff report. Mr. E. Saulesleja addressed the Committee in support of the subject application, noting he was in agreement with the staff recommendation, and the correction to Condition 3. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 121 - Submission No.: 7.A 2015-023 (Cont’d) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Access Self Storage requesting permission to permit a retail pick-up counter as an accessory use to a proposed office use, on Lots 1-11, Plan 262, Part Lot 486, Streets & Lanes and Part Park Lot 25, Plan 404, being Parts 2-5 & 7, Reference Plan 58R- BE APPROVED 2633, 50 Ottawa Street South, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a Building Permit for interior renovations for the proposed retail space prior to construction to the satisfaction of the Building Division. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 3. That Conditions 1 and 2 above shall be completed prior to September 1, 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 these Conditions will result in this approval becoming null and void. 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 Submission Nos.: 1. B 2015-032 Applicant: Ivica and Mirjana Abramovic Property Location: 67 Durham Street Legal Description: Part Lots 43, 44, 45, 47 & 55, Plan 578, being Parts 6 & 7 on Reference Plan 58R-4048 Appearances: In Support: K. Barisdale Contra: None Written Submissions: B. Thomas The Committee was advised that the applicant is requesting permission to sever a parcel of land in the rear of the property municipally addressed as 67 Durham Street having a width of 27.495m (90.207‘), a depth of 31.230m (102.460‘) and an area of 863 sq.m (9289.25 sq.ft) to be conveyed as a lot addition to the abutting property municipally addressed as 69 Amherst Drive. The retained land will have a width on Amherst Drive of 13.746m (45.098‘), a depth of 38.1m (125‘) and an area of 524 sq.m (5640.29 sq.ft). Both parcels will continue to be used as residential. The Committee considered the report of the Planning Division, dated March 7, 2015, advising that the owner has requested permission to sever the rear portion of 67 Durham Street and add the severed parcel as a lot addition to the abutting property in the rear, municipality addressed as 69 Amherst Street. The property municipally addressed as 67 Durham Street is “L” shaped as shown on the plan submitted with the application. The rear portion highlighted in grey is the portion that is proposed COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 122 - Submission No.: 1.B 2015-032 (Cont’d) to be severed. The proposed severed portion is approximately 27 metres in width and approximately 31 metres in length, resulting in an area of 863 square metres. The proposed retained parcel has a width of 13.74 metres, a length of 38.1 metres, and an area of 524 square metres. The subject property is designated as Low Rise Residential with Special Policy 38 in the City’s Official Plan (OP). The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. Special Policy 38 prohibits duplexes and second dwelling units in semi-detached houses. The City’s new Official Plan was adopted by Kitchener City Council on June 30, 2014 and approved by Regional Council on November 19, 2014, and is currently under appeal. The properties are designated as Low Rise Residential with Special Policy 16 in the new Official Plan. The policies in the new Official Plan also support appropriate residential uses at different scales and in appropriate locations; however, Special Policy 16 prohibits duplexes and second dwelling units in semi-detached houses. The properties are identified as Low Density Residential in the Lower Doon Community (Secondary) Plan. The planned development of the subject properties and surrounding properties are shown on Block Plan 58, included as Map B of the community plan. The approved plan proposes a public street from Doon Valley Drive to Pinnacle Drive with single family (single detached) and semi-detached dwellings. The properties are currently zoned as Residential Three (R-3) with Special Use Provision 319U. The R-3 regulations permit single detached dwellings, residential care facilities, private home day care, and home businesses. Special Use Provision 319U prohibits duplex and second units within a semi-detached dwelling (semi-detached duplex dwellings). The portion of 67 Durham Street that is proposed to be severed, as well as a large portion of 69 Amherst Street, are currently subject to Official Plan Amendment Application OP15/01/A/GS and Zone Change Application ZC15/01A/GS. The applications propose changes to the Official Plan and Zoning By-law 85-1 to permit a stacked townhouse development with a maximum Floor Space Ratio of 1.0, a maximum density of 70 units per hectare; a reduced off-street parking rate of 1.33 spaces per unit; and, a reduced rear yard setback of 4.5 metres. 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, 2005 and conforms to the Growth Plan tor the Greater Golden Horseshoe, 2006. The requested severance does not prejudge the outcome of Official Plan Amendment Application OP15/01/A/GS and Zone Change Application ZC15/01A/GS as the existing Official Plan policies and Zoning regulations permit development as contemplated in the approved Community Plan. The Committee considered the report of the Region of Waterloo, Principal Planner, dated March 9, 2015, advising that they have no objections to this application. The Committee considered comments from a neighbouring property owner, dated March 11, 2015, regarding a request for deferral until the City of Kitchener Planning Department provides direction with respect to the proposed development of 69 Amherst Drive, indicating that the application may be premature. The Chair noted the comments, stating that the neighbour is not in attendance this date to provide further clarification regarding their deferral request. The Chair noted that the Committee was in receipt this date of a Memorandum provided by Planning staff, dated March 17, 2015, proposing two additional Conditions that were not included within the staff report. He noted that the 2 additional Conditions as requested by Planning staff are as follows: 1. That the lands to be severed shall 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. COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 123 - Submission No.: 1.B 2015-032 (Cont’d) 2. 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. Ms. K. Barisdale addressed the Committee in support of the subject application, noting she was in agreement with the staff recommendation, including the 2 additional Conditions. The Chair requested that the application be amended to include the revised Conditions provided this date. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Ivica & Mirjana Abramovic requesting permission to sever a parcel of land in the rear of the property municipally addressed as 67 Durham Street having a width of 27.495m (90.207‘), a depth of 31.230m (102.460‘) and an area of 863 sq.m (9289.25 sq.ft) to be conveyed as a lot addition to the abutting property municipally addressed as 69 Amherst Drive, on Part Lots 43, 44, 45, 47 & 55, Plan 578, being Parts 6 & 7 on Reference Plan 58R-4048, 67 Durham Street, BE GRANTED 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. 3. That the lands to be severed shall 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 March 17, 2017. Carried COMMITTEE OF ADJUSTMENT MARCH 17, 2015 - 124 - COMBINED APPLICATIONS: Submission Nos.: 1. B 2015-029, B 2015-030, B 2015-031, B 2015-033 and A 2015-016 Applicant: 1271395 Ontario Inc. Property Location: Vacant Land Corner of Huron Road and Fischer Hallman Road Legal Description: Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-8992 Appearances: In Support: None Contra: None Written Submissions: None The Committee agreed to defer consideration of these applications to its meeting scheduled for April 21, 2015 to allow the applicant time to consult with the City’s Site Plan Review Committee regarding the proposed development of Lot D. ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Dated at the City of Kitchener this 17th day of March, 2015. Holly Dyson Dianna Saunderson Administrative Clerk Secretary-Treasurer Committee of Adjustment Committee of Adjustment