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HomeMy WebLinkAboutAdjustment - 2004-01-13 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 15, 2004 MEMBERS PRESENT: Messrs. D. Cybalski, B. Isaac and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Mr. R. Parent, Transportation Planning and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. D. Cybalski, Vice-Chair, called the meeting to order at 9:45 a.m. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment of December 9, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS Submission No.: Applicant: Property Location: Leqal Description: A 2003-090 Baleegh Hassan 368 Park Street Part Lot 4, Registered Plan 387 Appearances: In Support: Mr. B. Hassan Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a storage room addition to a legal non-conforming variety store with a setback of 1.03 m (3.39 ft.) from Glasgow Street. The Committee considered the report of the Development & Technical Services Department, dated January 7, 2004, noting that since the Committee's December meeting the applicant has submitted a Site Plan Revision Application. The Site Plan showing the location of the existing building, proposed addition, parking and driveways was provided to the Committee this date. The staff report recommends the application be amended to request a reduction in off-street parking spaces to 5 spaces rather than the required 6. A further variance is required to permit parking to be located 1.5 m from a street rather than the required 3 m. The staff report recommends approval of the amended application, as it is their opinion that the variances are minor in nature, desirable and appropriate, and meet the intent of the Zoning By- law and Municipal Plan. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated December 2, 2003, advising that they have no concerns with this application. Mr. Hassan advised the Committee that he agrees with the staff report, and requested that his application be amended accordingly. COMMITTEE OF ADJUSTMENT 1. 2 JANUARY 13, 2004 Submission No.: A 2003-090 (Cont'd) Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Baleegh Hassan requesting permission to expand a legal non-conforming variety store and dwelling unit by constructing a 35 m2 (376.75 sq. ft.) storage addition with a setback from Glasgow Street of 1.03 m (3.3 ff.), to provide 5 off-street parking spaces rather than the required 6, and to locate parking 1.5 m (4.92 ff.) from Park Street rather than the required 3 m (9.84 ft.), on Part Lot 4, Registered Plan 387, 368 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the development generally as shown on the site plan dated January 7, 2004. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 4. The enlargement of this building or structure is for a use that was made of the building or structure on the day the by-law was passed. Submission No.: Applicant: Property Location: Legal Description: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 Dean & Milan Kovacevic 867 Frederick Street Lot 2, Plan 712 Carried At the request of the applicant, the Committee agreed to defer and refer consideration of these applications to its meeting scheduled for February 10, 2004. This meeting recessed at 10:00 a.m. to allow the Committee to consider an Application for Minor Variance to the City's Sign By-law, and reconvened at 10:05 a.m. with the following members present: Messrs. D. Cybalski, Z. Janecki and B. Isaac. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-001 The Bridal Penthouse Limited 762 - 778 King Street East, 9 Stirling Avenue Part of Lots 102, Registered Plan 77, Part 1, Reference Plan 58R- 13003 Appearances: In Support: Contra: Public Submissions: Mr. J. Giannopoulos None None COMMITTEE OF ADJUSTMENT 3 JANUARY 13, 2004 Submission No.: A 2004-001 (Cont'd) The Committee was advised that the applicant is requesting legalization for the most westerly building to have a setback from Stirling Avenue of 0 m rather than 3 m (9.84 ff.), to permit the most easterly building to have a rearyard of 2.19 m (7.19 ft.) rather than 7.5 m (24.6 ff.), and to permit 2 parking spaces setback 0 m from Stirling Avenue rather than 3 m (9.84 ff.). The Committee considered the report of the Development & Technical Services Department, dated January 8, 2004, providing a history of zoning, use, and previous Applications for Minor Variance on the subject property. The report advises that the request for a reduced parking setback from Stirling Avenue is not required, as the parking spaces can be reconfigured to comply with the setback requirement. Staff recommend approval of the remainder of this application, subject to a parking agreement with First Mennonite Church. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated December 29, 2003, advising they have no concerns with this application. Mr. Giannopoulos advised the Committee that he agrees with the staff report and requested that his application be amended accordingly. With respect to the parking agreement with First Mennonite Church, Mr. Giannopoulos advised that the agreement will allow him the use of 15 parking spaces. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of The Bridal Penthouse Limited requesting legalization of the most westerly building having a setback from Stirling Avenue of 0 m rather than the required 3 m (9.84 ft.), and legalization of the rearyard of 2.19 m (7.19 ff.) rather than the required 7.5 m (24.6 ff.) for the most easterly building, on Part Lots 1 & 2, Registered Plan 77, 762 and 778 King Street East and 9 Stirling Avenue North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall enter into an off-street parking agreement with the adjacent church property, to be registered against the title of both the church property, and the subject property, guaranteeing that the land required for a minimum of 12 parking spaces shall continue to be so used only for such purpose until the owner of the subject property provides alternate parking in conformity of the regulations of the Zoning By-law. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-002 James & Maria Wagner 38 St. Leger Street Lot 15 & 16, Registered Plan 33, Part 8, Reference Plan 58R-1632 Appearances: In Support: Mr. J. Boyer Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to permit the expansion of a legal non-conforming house by enlarging and enclosing the rear porch. COMMITTEE OF ADJUSTMENT 2. 4 JANUARY 13, 2004 Submission No.: A 2004-002 (Cont'd) The Committee noted the comments of the Development & Technical Services Department, dated November 26, 2003, recommending refusal of this application. The Committee offered Mr. Bayer an opportunity to have consideration of this application deferred to the meeting scheduled for February 10, 2004, to allow him an opportunity to discuss the staff recommendation with the property owners. Mr. Bayer requested consideration of the application be deferred to February 10, 2004. Submission No.: A 2004-003 Applicant: Eugene & Pat Smith Property Location: 226 Queen Street South Leqal Description: Part Lot 57, Registered Plan 393 Appearances: In Support: Mrs. P. Smith Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to permit 3 parking spaces for a residential care facility, rather than 4, with 2 of the 3 spaces to be provided in tandem, with all 3 spaces to be located in the existing driveway. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2004, noting the required parking for this residential care facility is 3 spaces; consequently, the application should be amended. They recommend approval of the amended application, subject to the owner applying for and receiving an occupancy permit. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated December 29, 2003, advising they have no concerns with this application. Ms. Smith requested permission to amend the application as recommended by the Development & Technical Services Department. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Eugene and Pat Smith requesting permission to provide 3 parking spaces in tandem in the existing driveway rather than side by side for a residential care facility, on Part Lot 57, Registered Plan 393, 226 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain an occupancy permit for the residential care facility at the subject property. It is the opinion af this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 5 JANUARY 13, 2004 CONSENT Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: B 2004-001 Helen & Kim Simpson 62 Gage Avenue Part Lot 20, Registered Plan 402 Mr. R. Simpson Ms. K. Simpson None CN Railway Properties The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Gage Avenue of 16.427 m (53.89 ft.), a depth of 37.491 m (123 ft.), and an area of 617.326 m2 (6,645.06 sq. ff.), for use as a triplex. This application is to replace the one approved in May 2003. The Committee considered the report of the Development & Technical Services Department, dated January 6, 2004, advising the current application replaces one previously approved by the Committee in May 2003. The current application provides for a slightly larger severed lot which meets the design needs for the construction of a new triplex. Staff recommend approval of this application subject to the same conditions as required in the previous application. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 8, 2004, advising they have no objection to the approval of this application, subject to a condition requiring a noise study due to the proximity of this property to the Goderich Exeter Railway. The Committee considered correspondence received from Mr. G. Woods, Development Review Co-ordinator, CN Railway Properties, dated January 9, 2004, requesting certain conditions be imposed relative to this property's proximity to railway lands. It was noted by Mr. Sloan that the Committee had the same requests before them in May 2003 as contained in the current submissions from the Region of Waterloo and CN Railway Properties, and chose not to impose their requested conditions. Mr. Simpson advised that the railway is approximately 300 m from the subject property. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Helen & Kim Simpson requesting permission to convey a parcel of land having a width on Gage Avenue of 16.427 m (53.89 ft.), by a depth of 37.491 m (123 ff.), and an area of 617.326 m2 (6,645.06 sq. ff.), on Part Lot 20, Registered Plan 402, 62 Gage Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners shall make satisfactory financial arrangements with the City's Engineering Services for the following: a) the installation of all new service connections to the severed land; and, b) the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed land. COMMITTEE OF ADJUSTMENT 1. Submission No.: 6 JANUARY 13, 2004 B 2004-001 (Cont'd) 3. That the owners shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed land, which shall include the following: a) That the owners shall prepare a tree preservation plan for the severed land in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning, and where necessary implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owners shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 4. That the owners shall withdraw Submission No. B 2003-021. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 13, 2006. Carried Submission No.: B 2004-002 Applicant: Harold & Patti Morgan Property Location: 864 Guelph Street Legal Description: Part Lots 1 & 2, subdivision of Lot 58, German Company Tract Appearances: In Support: Mr. & Mrs. Morgan Contra: None Public Submissions: CN Railway Properties The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Guelph Street of 9 m (29.53 ff.), by a depth of 75.294 m (247.03 ft.), and an area of 1095.3 m2 (11,790.1 sq. ff.), to be developed with a single family dwelling. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2004, advising that although the application meets the requirements of the Zoning By-law and the Municipal Plan, staff recommend the application be refused, as the proposed lot configuration is not appropriate or suitable, and would not be compatible with the surrounding subdivision. COMMITTEE OF ADJUSTMENT 7 JANUARY 13, 2004 Submission No.: B 2004-002 (Cont'd) The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 8, 2004, advising they have no objection to this application. The Committee considered the correspondence received from Mr. G. Woods, Development Review Co-ordinator, CN Railway Properties, dated January 9, 2004, requesting the imposition of certain conditions due to the property's proximity to railway property. Mr. Morgan addressed the Committee in response to the Development & Technical Services report, advising that he and his wife had discussed their proposal with City staff prior to submitting this application, and definitely had the impression that staff would support this application. He advised that what they want is a one storey home on a private lot. The proposed severed lot provides the environment they seek, as it is away from the street, and is very private. Mr. Sloan advised that staff are of two minds about this application, as the application as submitted meets the requirements of the zoning by-law and Municipal Plan. However, the unusual configuration of the severance line shows an inappropriate attempt to meet the lot width requirement of the zoning by-law. The Committee indicated support of the application; however, noting that conditions need to be imposed. A concern was also raised by the Committee with the impact this proposed development may have on the rearyards of the properties on Birch Avenue. It was suggested that fencing or planting intensification along the lot line abutting the Birch Avenue properties may be warranted. In response, Mr. Morgan displayed photographs of the subject property showing the extent of the existing vegetation. The Committee generally agreed that a Tree Preservation Plan would be an appropriate condition to impose in granting this application. Additional conditions include payment of taxes, parkland dedication, Engineering services, and removal of the existing shed, garage and front porch. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Harold & Patti Morgan requesting permission to convey a parcel of land having a width on Guelph Street of 9 m (29.53 ff.), by a depth of 75.294 m (247.03 ft.), and an area of 1095.3 m2 (11,790.1 sq. ft.), on Part Lots 1 & 2, Subdivision of Lot 58, German Company Tract, 864 Guelph Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners shall make satisfactory financial arrangements with the City's Engineering Services for the following: a) the installation of all new service connections to the severed land; b) the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed land; and c) the relocation of the driveway on the retained lands. That the owners shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed land, which shall include the following: COMMITTEE OF ADJUSTMENT 2. Submission No.: 8 JANUARY 13, 2004 B 2004-002 (Cont'd) a) That the owners shall prepare a tree preservation plan for the severed land in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning, and where necessary implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owners shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 4. That the owners shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. 5. That the owners shall remove the existing metal shed, frame garage and front porch from the subject property. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 13, 2006. Submission No.: Applicant: Property Location: Legal Description: B 2004-003 Edward T. Elie 142 & 146 Church Street Part Lots 17 & 18, Registered Plan 367 Appearances: In Support: Ms. K. Lewis Contra: None Public Submissions: None Carried The Committee considered the report of the Development & Technical Services Department, dated December 22, 2003, advising of variances that will be created should this application be approved, and recommending consideration of this application be deferred until the owner has submitted an Application for Minor Variance. The Committee was advised that the applicant is requesting permission to sever 142 Church Street from 146 Church Street. No new development is proposed. COMMITTEE OF ADJUSTMENT 9 JANUARY 13, 2004 Submission No.: B 2004-003 (Cont'd) The Committee advised Ms. Lewis that in addition to submitting and Application for Minor Variance, a survey containing accurate measurements is required before the applications can be considered. The Committee generally agreed that consideration of this application be deferred and referred to the March 9, 2004 Committee of Adjustment meeting. Submission No.: Applicant: Property Location: Legal Description: B 2004-004 2019641 Ontario Ltd. 116 & 120 Walter Street Part Lot 89, Registered Plan 377 Appearances: In Support: Mr. A. Bousfield Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to provide a 1.5 m (4.92 ft.) wide maintenance easement along the easterly side lot line for the benefit of the duplex proposed for 116 Walter Street. The Committee considered the report of the Development & Technical Services Department, dated January 2, 2004, recommending approval of this application. The Committee noted correspondence from the Region of Waterloo Planning Housing & Community Services, dated January 8, 2004, advising they have no objections to this applications. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of 2019641 Ontario Ltd. requesting permission to give a 1.5 m (4.92 ft.) wide maintenance and eaves encroachment easement along the easterly side lot line, to the property at 116 Walter Street, on Part Lot 89, Registered Plan 377, 120 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following condition: That the owner of 120 Walter Street and the owner of 116 Walter Street shall enter into an agreement, to be approved by the City Solicitor, which will ensure that a maintenance and eaves encroachment easement is maintained in perpetuity in favour of 116 Walter Street over 120 Walter Street for maintenance and eaves encroachment purposes, and provide confirmation that the said agreement has been registered against the title of both properties. 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 10 JANUARY 13, 2004 Submission No.: B 2004-003 (Cont'd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 13, 2006. Carried CONSENT & MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: B 2004-006 - B 2004-007 Incl. & A 2004-0004 & A 2004-005 Haastown Holdings (Kitchener) Inc. Chestnut Street, Mansion Street & Locust Street Part Lot 103, Registered Plan 157 Appearances: In Support: Mr. R. Gazzola Mr. J. Brisman Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to divide this land into 3 parcels as follows: (a) the first parcel to have a width of 15.93 m (52.26 ft.) on Chestnut Street, a depth of 19 m (62.63 ft.), and an area of 302 m2 (3,250.81 sq. ft.); together with an easement for overhead utilities, and subject to an easement over the most southerly 1.5 m (4.92 ft.). To permit the continuation of the existing office/manufacturing use, and to permit the existing building with a 0 m setback from Chestnut Street rather than 4.5 m (14.76 ft.); and, (b) the second parcel to have a width on Mansion Street of 27.14 m (89.04 ft.), a depth along Locust Street of 67.63 m (221.88 ft.), and an area of 1696 m2 (18,256.19 sq. ft.); together with easements over the retained lands and subject to easements in favour of the retained lands. A 4 storey condominium is proposed for this land; and, (c) the retained land contains the existing 3 storey building which will be developed with a 4 storey loft condominium requires legalization of a setback from Mansion Street of 0 m rather than 6 m (19.69 ft.), and a northerly sideyard of 3 m (9.84 ft.) rather than 6 m (19.64 ft.). The Committee considered the report of the Development & Technical Services Department, dated January 9, 2004, advising that since submitting these applications, the applicant has revised their proposal to convert the factory to a 5 storey building rather than a 4 storey building. As this change will likely result in the need for additional variances, the report recommends that consideration of Submission No. B 2004-007 be deferred, as well as any variances which relate to the loft conversion. The staff report supports the severance proposed in Submission No. B 2004-006, including easements, as well as the relocation of the existing legal non-confirming use to the building at 60 Chestnut Street, as the use will occupy a smaller space, and will cease on January 1, 2005. Staff also recommend approval of the variances requested in Submission A 2004-004. COMMITTEE OF ADJUSTMENT 11 JANUARY 13, 2004 1. Submission No.: B 2004-006 - B 2004-007 Incl. & A 2004-0004 & A 2004-005 (Cont'd) Mr. Brisman advised the Committee that they are in agreement with the staff report, including deferral of Submission No. B 2004-007, and are withdrawing all variances in Submission No. A 2004-005 except those that relate to the severance of 60 Chestnut Street. A new application will be submitted once all variances related to the loft conversion are known. He requested permission to amend Submission No. B 2004-006 as it relates to the easement along the southerly lot line of the proposed severed parcel, to increase the width of the easement to 1.8 m instead of 1.5 m. Mr. C. Bluhm advised that although a site plan application has yet to be submitted, site plan approval is anticipated in the next 2 - 3 months. The Committee generally agreed to defer and refer consideration of Submission No. B 2004-007 to February 10, 2004. Submission No. B 2004-006 Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Haastown Holdings (Kitchener) Inc. requesting permission to convey a parcel of land having a width on Chestnut Street of 15.93 m (52.26 ft.), by a depth of 19 m (62.63 ff.), and having an area of 302 m2 (3,250.81 sq. ff.); reserving an easement having a width of 1.8 m (5.91 ft.) along the southerly lot line of the severed lands, and together with an easement over the retained land for access to utility connections, on Part Lots 41 & 42, Registered Plan 79, 60 Chestnut Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2004-004. That the owner shall make financial arrangement satisfactory to the City's Engineering Services for the following: (a) all new service connections to the severed lands; and, (b) closure of any redundant driveways, to City Standards, installation of boulevard landscaping including street trees, and the installation of a new paved driveway ramp, on the severed land. That the owner of the severed and retained lands shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of both the severed and retained land, stating that the said owners shall be responsible for the repair of any sidewalk damage caused by the development. 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. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. That the owner shall receive approval from the City's Manager of Design and Development and the City's Chief Building Official of a draft reference plan showing the proposed easement on the severed land, to ensure appropriate limiting distance and spatial separation has been provided in accordance with the Ontario Building Code. That the owner(s) of the severed and retained lands shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, satisfactory to the City's Chief Building Official, and registered on title of both the severed and retained lands, stating that the owners shall comply with the limiting distance requirements of Ontario Building Code 3.2.3.1 (8) & (9) and/or Ontario Building Code 9.10.14.11 (5) & (6). COMMITTEE OF ADJUSTMENT 12 JANUARY 13, 2004 1.Submission No.: B 2004-006 - B 2004-007 Incl. & A 2004-0004 & A 2004-005 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 13, 2006. Carried Submission No. A 2004-005 Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Haastown Holdings (KJtchener) Inc. requesting permission for a northerly side yard on the retained land of 3m (9.84 ff.), where it abuts the southerly severance line in B 2004-006, rather than the required 6 m (19.64 ff.), on Part Lots 41 & 42, Registered Plan 79, and Part Lot 103, Registered Plan 157, 60 Chestnut Street, Kitchener, Ontario, BE APPROVED. Submission No. A 2004-004 Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Haastown Holdings (Kitchener) Inc. requsting permission to relocate a legal non-confroming cutting and resizing of sandpaper use from a 3 storey building to a 1 storey building, and legalization of an existing building setback 0 m from Chestnut Street rather than the required 4.5 m (14.76 ft.), on Part Lots 1 & 2, Registered Plan 79, 60 Chestnut Street, Kitchener, Ontario, BE APROVED, subject to the following conditions: 1. That the cutting and resizing of sandpaper use shall cease operations as of January 1, 2005. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 4. The reduction is size of the legal non-conforming use is more compatible with the uses permitted in the by-law. Carried COMMITTEE OF ADJUSTMENT 13 JANUARY 13, 2004 1.Submission No.: B 2004-006 - B 2004-007 Incl. & A 2004-0004 & A 2004-005 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-005 Freure Developments Limited 105 Pinnacle Drive Parts 1 to 5, Reference Plan 58R-6869 & 58R-7422 Appearances: In Support: None Contra: Mr. J. Redmond Public Submissions: Mr. & Mrs. Taleski Pieter Vos Limited G. Taylor S. Cameron The Committee was advised that an abutting property owner is petitioning the court for an injunction to prevent the Committee from hearing this application this date. As no one from City staff had returned from the Court House, and no one appeared in support of this application, the Committee agreed to defer and refer consideration of this application to February 10, 2004. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That consideration of Submission No. B 2004-005 - 105 Pinnacle Drive, be deferred and referred to the Committee of Adjustment meeting scheduled for Tuesday February 10, 2004. ADJOURNMENT On motion, the meeting adjourned at 12:00 p.m. Dated at the City of Kitchener this 13th day of January, 2004. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment