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HomeMy WebLinkAbout2015-12-08 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 8, 2015 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl and Ms. J. Meader and Ms. P. Kohli. 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. D. Cybalski, Chair, called this meeting to order at 10:02 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 November 17, 2015, as mailed to the members, be accepted. Carried CHAIR AND VICE-CHAIR On motion by Ms. J. Meader It was resolved: That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. A. Head be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2016. Carried NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2015-085 Applicant: Mike Purdy Property Location: 92 Frey Crescent Legal Description: Lot 36, Registered Plan 58M-417 Appearances: In Support: D. Szusz Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a roof structure in the rear yard of an existing single detached dwelling having a rear yard setback of 5.24m (17.191’) rather than the required 7.5m (24.606’). The Committee considered the report of the Planning Division, dated November 30, 2015, advising the subject property located at 92 Frey Crescent 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 owner is proposing to construct a covered deck attached to the existing single-detached dwelling, which will extend into the rear yard. Therefore, the owner is seeking relief from Section 38.2.1 to reduce the rear yard setback from 7.5 metres to 5.24 metres to allow for the covered deck. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 322 - Submission No.: 1.A 2015-085 (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 offers the followingcomments. The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variance meets the intent of the Official Plan which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate. The requested variance to reduce the rear yard setback from the required 7.5 metres to 5.24 metres meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide amenity area in the rear yard and adequate separation from neighbouring lands. The reduction of 2.26 metres from the required 7.5 metres is minor, as the proposed 5.24 metre rear yard setback will continue to provide sufficient amenity space in the rear yard and adequate separation from neighbouring lands. The variance is considered minor. The proposed covered deck will not extend the entire width of the house, therefore staff is of the opinion the requested variance will maintain sufficient amenity space in the rear yard and will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed variance is appropriate for the development and use of the land, as the existing residential use is permitted in the Zoning By-law. The scale, massing and height of the covered deck will not negatively impact the existing character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 17, 2015, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Mike Purdy requesting permission to construct a roof structure on the rear yard of an existing single detached dwelling having a rear yard setback of 5.24m (17.191’) rather than the required 7.5m (24.606’), on Lot 36, Registered Plan 58M-417, 92 Frey BE APPROVED Crescent, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the proposed covered deck by July 1, 2016. 2. That the reduced rear yard setback shall apply only to the covered deck, as shown on the Site Plan submitted with the application. 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.: 2. A 2015-086 Applicant: Vesterra 540 Bingemans Inc. Property Location: 540 Bingemans Centre Drive Legal Description: Level 1, Unit 1 and Common Elements, Waterloo Condo Plan 535 Appearances: In Support: S. Patterson COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 323 - Submission No.: 2.A 2015-086 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a second building on the subject property having 100% of the Gross Floor Area (GFA), up to a maximum Floor Space Ratio (FSR) of 0.5, to be utilized for office use, whereas the By-law permits a maximum GFA of 25% to be office use. The Committee considered the report of the Planning Division, dated November 30, 2015, advising the subject property is designated Business Park in the City’s Official Plan and zoned Business Park Service Centre Zone (B-3) in Zoning By-law 85-1 with Special Use 338U and Special Regulation 416R. The lands are developed with an existing multi-tenant office building. The owner is proposing to construct a second office building, and as such is requesting relief from Section 25.3.1 to increase the maximum allowable GFA of office use to 100%, up to a maximum FSR of 0.5, whereas the Zoning By-law restricts office use to 25% of the GFA. 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. The Business Park designation caters to the needs of technical and/or scientific business such as computer, electronic, data processing, and research and development firms. Further, it provides for additional office commercial and service uses not permitted in other industrial areas, concentrating them at these planned locations. The Official Plan in policy 5.3.7 indicates certain key locations on the perimeter of the Business Park, which are at intersections of Primary, Secondary or Trunk Roads, will be planned to perform more of a service function by concentrating a range of commercial and support operations which primarily serve the needs of the industrial community. These key locations allow for free-standing industrial administrative offices, offices, health offices and health clinics, exhibition facilities, and all uses within Service Commercial Districts. The property is located close to the intersection of Bingemans Centre Drive and Lackner Boulevard, and would therefore meet the locational criteria for allowing offices as set out in the Official Plan. As such, staff is satisfied the proposed variance meets the intent of the Official Plan. The subject lands are currently zoned B-3 Industrial Business Park, which allows uses such as: computer; electronic or data processing; financial establishments; health offices; industrial administrative offices; research and development establishments; scientific; technological or communications establishment; and, surveying, engineering and planning and design business. These uses are permitted to occupy 100% of the GFA of their respective buildings without restrictions to the FSR. The applicant has requested office use in general also be permitted at this location. An increase in the percentage of occupied space within the proposed building will continue to be in keeping with regulations applied to other more specific types of office uses permitted in the B-3 Zone. As such, staff is satisfied the request meets the intent of the Zoning By-law. The variance requested can be considered minor as a wide range of office uses are already permitted in the B-3 Zone and are permitted to occupy 100% of the building. Therefore, by allowing non-specific office use at this site, which is at the entrance to the Business Park, the overall impact would be minor. The office use would not occur in areas where more traditional industrial uses are prominent, but rather would only be permitted at this site due to its location at the entrance of the Park and at the intersection of two streets. The request can therefore be considered minor. The proposed variance is desirable and appropriate for the use of the land as it is desirable to locate service-type uses at the entrances to the Business Park and the additional office use would not compromise the intent of the Official Plan or the Zoning By-law. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 17, 2015, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 324 - Submission No.: 2.A 2015-086 (Cont’d) Mr. S. Patterson was in attendance in support of the subject application and the staff recommendation. In response to questions, Ms. J. von Westerholt advised restrictions on office use being limited to 25%, is intended to retain the status as employment lands, indicating there are nodes in the Business Park area where potential exceptions have been identified in the Official Plan. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Vesterra 540 Bingemans Inc. requesting permission to construct a second building on the subject property having 100% of the Gross Floor Area (GFA), up to a maximum Floor Space Ratio (FSR) of 0.5, to be utilized for office use, whereas the By-law permits a maximum GFA of 25% to be office use, on Level 1, Unit 1 and Common Elements, BE APPROVED Waterloo Condo Plan 535, 540 Bingemans Centre Drive, Kitchener, Ontario, , subject to the following conditions: 1. That the office use shall not exceed a maximum Floor Space Ratio (FSR) of 0.5. 2. That the property shall be subject to Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. 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 2015-087 Applicant: Warren and Daniel Sinclair Property Location: 258 Lawrence Avenue Legal Description: Part Lot 67, Plan 786 Appearances: In Support: D. Sinclair Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert the existing duplex into a residential/commercial dwelling having a southerly side yard setback of 0.56M (1.83’) rather than the required 1.2m (3.93’). The Committee considered the report of the Planning Division, dated November 30, 2015, advising the subject property located at 258 Lawrence Avenue is zoned Industrial Residential (M- 1) in the Zoning By-law 85-1 and designated General Industrial in the City’s Official Plan. The owners are requesting a minor variance to recognize the existing southerly side yard setback. The owners are also seeking relief from Section 19.3 to legalize the existing right side yard setback of 0.56 metres, whereas 1.2 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject property is designated General Industrial in the City’s Official Plan. The existing dwelling is part of an existing residential buffer and transitional area located between general COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 325 - Submission No.: 3.A 2015-087 (Cont’d) industrial and residential uses. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance to permit a side yard setback of 0.56 metres from the right side lot line meets the intent of the Official Plan. The requested variance to reduce the side yard setback from the required 1.2 metres to 0.56 metres meets the intent of the Zoning By-law. The reduction of 0.64 metres from the required 1.2 metres is minor, as the proposed 0.56 metre side yard setback should not impact adjacent property owners. The variance is considered minor. The proposed side yard setback of 0.56 metres should not present any significant impacts to adjacent properties and the overall neighbourhood. The proposed variance is appropriate for the development and use of the land. The requested variance should not present any significant impacts to adjacent properties and the overall neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 17, 2015, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated November 27, 2015, advising that although they have no concerns with this application, they noted the subject property contains the flood fringe associated with a Two-Zone Floodplain Policy Area of Schneider Creek along with an associated 5 metre regulatory allowance. 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 prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Mr. D. Sinclair was in attendance in support of the subject application and the staff recommendation. Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of Warren and Daniel Sinclair requesting permission to convert the existing duplex into a residential / commercial dwelling having a southerly side yard setback of 0.56M (1.83’) rather than the required 1.2m (3.93’), on Part Lot 67, Plan 786, 258 Lawrence BE APPROVED Avenue, 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 Submission No.: 4. A 2015-088 Applicant: Citified Property Initiative and Mark and Marie Leibold Property Location: 44 Martin Street Legal Description: Part Lot 11, Registered Plan 280, Part of Lot 235, German Company Tract Appearances: In Support: S. O’Neill Contra: None Written Submissions: M. Allen COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 326 - Submission No.: 4.A 2015-088 (Cont’d) The Committee was advised the applicants are requesting permission to the severed and retained lands resulting from Consent Application B 2015-054 which abuts a public highway, having a width of 9.1m (29.855’) whereas the By-law requires a lot that abuts a street to have a minimum width of 12.19m (39.993’). The Committee considered the report of the Planning Division, dated November 26, 2015, advising the subject property is located on the northeast side of Martin Street between Peter Street and Benton Street in the Mill Courtland Woodside Park Planning Community. The property was the subject of a consent application at the November 17, 2015 Committee meeting to create a new lot. The new, vacant lot was proposed to have 13.8 metres of frontage on Martin Street, a depth ranging between 22.4 metres and 22.7 metres, and an area of 310.0 square metres. The retained lot to contain the existing single detached dwelling would have 15.46 metres of frontage on Martin Street, a depth ranging between 22.7 metres and 23.0 metres, and an area of 353 square metres. The purpose of the application was to allow the construction of a duplex on the new lot. Through the review of the Consent application it was discovered that Martin Street does not meet the technical definition of a ‘street’ under the Zoning By-law because, despite it being a public highway, it does not meet the minimum 12.19 metre right-of-way width (it is only 9.1 metres wide). The Committee of Adjustment approved the Consent application subject to a number of conditions, including that the applicants submit and receive final approval of a minor variance application to allow a residential building to be constructed on the severed lot, which abuts a public highway that is not considered a public street. Accordingly, the new owners of the property are now requesting a minor variance to allow a new residential building to be constructed on the severed lot, which abuts a public highway having a width of 9.1 metres, whereas the Zoning By-law requires a lot abutting a street, as defined by the Sections 4 and 5.2 of the Zoning By-law, to have a minimum width of 12.19 metres (40 feet). It should be noted that the subject minor variance request applies only to the severed lot, not the retained lot. The retained lot does not require a minor variance because Section 5.2 of the Zoning By-law only applies where new construction is contemplated: ‘No lot shall have built upon it, a building for any purpose in any zone unless the lot abuts 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 offers the following comments. The variance meets the intent of the Official Plan for the following reasons. Part 2, Section 8.3 of the Official Plan (Road System), states it is a City objective ‘To ensure an efficient and effective vehicular transportation system.’ In this regard, Martin Street has been operating effectively with over a dozen homes fronting onto it since the 1920s-1930s. The variance meets the intent of the Zoning By-law for the following reasons. The intent of the regulation prohibiting development on a lot that does not abut a public street is to ensure emergency services and other municipal services can be adequately provided to abutting development and to ensure orderly development. Through review of the consent and minor variance application for the subject property, Engineering Services, Building Division, Fire Services, and Transportation Services staff commented they have no concerns with the proposal. The requested variance is minor because no unacceptably adverse impacts on adjacent properties are anticipated. The requested variance is desirable for the appropriate development of the land because it would allow the construction of a duplex on the subject lands, appropriately intensifying the built-up area of the City through infill. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 17, 2015, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 327 - Submission No.: 4.A 2015-088 (Cont’d) Mr. S. O’Neill was in attendance in support of the subject application and the staff recommendation. The Chair noted comments submitted via email from a neighbouring property owner in opposition of the subject application. In response to questions, Mr. D. Seller advised he was not aware of complaints regarding the width of Martin Street, noting it is currently functioning as a one-way street. Ms. J. von Westerholt requested an amendment to Condition 2 as outlined in the staff report, noting the deadline to complete Condition 1 will need to correspond with the last date to fulfill the conditions of Consent application B 2015-054; otherwise, the applicants would be unable to receive the Certificate of Consent to finalize the severance of the lot. Mr. O’Neill indicated he had no objections to the proposed amendment. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Citified Property Initiative and Mark and Marie Leibold requesting permission for the severed and retained lands resulting from Consent Application B 2015-054 to abut a public highway, having a width of 9.1m (29.855’) whereas the By-law requires all lots to abut a street to have a minimum width of 12.19m (39.993’), on Part Lot 11, Registered Plan BE 280, Part of Lot 235, German Company Tract, 44 Martin Street, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a Building Permit for the proposed residential building on the severed lands from the City’s Building Division. 2. That Condition 1, above, shall be completed prior to November 27, 2016. 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 APPLICATIONS: Submission No.: 1. B 2015-060 Applicant: Mary Ellen Sommerfeld Property Location: 59 Claremont Avenue Legal Description: Lot 113, Plan 248 - and - Submission No.: B 2015-061 Applicant: Michael and Jamie Durbin Property Location: 63 Claremont Avenue Legal Description: Part Lot 112, Plan 248 Appearances: In Support: K. Barisdale D. Sommerfeld Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 328 - Submission Nos.: 1. B 2015-060 & B 2015-061 (Cont’d) Through application B 2015-060, 59 Claremont Avenue, the Committee was advised the applicant is requesting permission to grant an easement having a southerly width of 1.2m (3.93’) and an approximate depth of 26.528m (87.034’) in favour of 63 Claremont Avenue for driveway access and for maintenance on the existing garage. Through application B 2015-061, 63 Claremont Avenue, the Committee was advised the applicant is requesting permission to grant an easement having a width of 1.5m (4.92’) and a depth of 9.5m (31.167’) in favour of 59 Claremont Avenue for maintenance of a proposed garage. The Committee considered the report of the Planning Division, dated November 27, 2015, advising the subject properties are located at the southwest corner of Claremont Ave and Earl Street in the Westmount Planning Community, west of Belmont Village. The properties are designated Low Rise Residential in the Official Plan and are zoned Residential Three (R-3). 59 Claremont Avenue (B 2015-060): The subject property addressed as 59 Claremont Avenue, located immediately at the corner of Claremont Avenue and Earl Street, is a narrow, vacant lot that was established through a Plan of Subdivision more than 100 years ago (1914). In 2006 it was the subject of a Minor Variance Application (A 2006-095) to reduce the minimum corner lot width from 15.0m to 12.19m to allow the future construction of a single detached dwelling. The Committee approved the application, subject to a condition that a Site Plan showing the location of the proposed single detached dwelling on the lot and elevation drawings be submitted to the satisfaction of the Director of Planning, illustrating the proposed dwelling will be compatible with the neighbourhood in terms of massing and scale. To date, no dwelling has been constructed on the property, though the conditional approval remains in effect. The owner is now proposing to: i. create a 1.2 metre wide, 10.1 metre long easement in favour of 63 Claremont Avenue for the purpose of maintenance and eave encroachment related to an existing detached garage (i.e., Parts 2 and 3 on the draft reference plan); and, ii. create a 0.6 metre wide, 19.4 metre long easement in favour of 63 Claremont Avenue for the purpose of driveway access and maintenance for an existing driveway (i.e., Parts 3 and 4 on the draft reference plan). It should be noted these easements are not required to achieve Zoning compliance (note: the dwelling, driveway, and detached garage are considered legal non-conforming); however, they would improve the efficiency of the property and the owner’s ability to maintain the existing garage and driveway in an orderly, effective, and legal fashion. In addition, the easements would help to bring the property closer to compliance with the Zoning requirements. Since it is now known that the proposed dwelling will possess a detached garage, rather than an attached garage as previously thought, Planning staff recommends the condition applied to Minor Variance Application A 2006-095 for satisfactory submission of a Site Plan and elevation drawings be applied to the subject application, to ensure compatibility of the garage with the neighbourhood. Furthermore, Planning staff recommends a Tree Management Plan condition be applied to ensure negative impacts on trees on or abutting the subject property, including street trees, are mitigated to the fullest extent possible. 63 Claremont Avenue (B 2015-061): The subject property addressed as 63 Claremont Avenue, located directly beside 59 Claremont Avenue, contains a single detached dwelling and detached garage, both of which were constructed in approximately 1940. The owner is proposing to grant a 1.5 metre wide, 9.5 metre long easement in favour of 59 Claremont Ave for the purpose of maintenance and eave encroachment related to a proposed garage at the rear of the property (Part 1 on the draft reference plan). COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 329 - Submission Nos.: 1. B 2015-060 & B 2015-061 (Cont’d) The requested maintenance and eave encroachment easement relates to two sections of the Zoning By-law that allows accessory buildings, including detached garages, to have a minimum side yard of between 0 and 0.2 metres, as long as such easements have a minimum width of 1.5 metres: 5.5.2 c) Accessory Buildings which have a gross floor area in excess of 9.9 square metres or a building height in excess of 3.0 metres shall have a minimum side yard, excluding a side yard abutting a street, of 0.6 metres; or alternatively may have a minimum 0 metres and a maximum of 0.2 metres on one side provided the necessary easements and encroachments are provided in accordance with Section 5.20. 5.20 The development of dwellings and accessory buildings in excess of 9.3 square metres with 0 to 0.2 metre sideyards which do not form part of a common wall with a building on an adjacent lot, shall be permitted provided that a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. This easement is being sought to achieve Zoning compliance for the future construction of a detached garage (accessory to a single detached dwelling) on 59 Claremont Avenue: the narrow width of 59 Claremont Avenue and required minimum driveway setback from an intersection prevents locating a driveway with access to Claremont Avenue. In addition, the narrow lot width will not allow an adequately deep garage to be provided with access to Earl Street while providing the required 6.0 metre setback from Earl Street and 0.6 metre interior side yard setback. The proposed easement will allow the proposed detached garage to be located on the side lot line shared by 59 and 63 Claremont Avenue, eliminating the 0.6 metre setback, saving 0.6 metres of land – just enough to provide the required setback from Earl Street while providing an adequately deep garage to meet the minimum parking space depth of 5.49 metres. Planning staff is of the opinion that the requested easements are in the public interest and represent good planning, and note they are mutually beneficial, providing maintenance and access rights for the existing development on 63 Claremont Avenue and optimizing the use of land for future development on 59 Claremont Avenue. The applicant is hereby forewarned that the future driveway on 59 Claremont Avenue must be located so as to comply with Driveway Visibility Triangle (DVT) requirements, including but not limited to, preventing encroachments of the hedge growing on or near the lot line separating 59 Claremont Avenue from 39 Earl Street. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated November 25, 2015, advising that they have no objections to these applications. Ms. K. Barisdale was in attendance in support of the subject applications. She requested clarification on Condition 3 of the staff recommendation and the requirement to maintain the easement in perpetuity. She noted in the future the owner of 59 Claremont Avenue may demolish the existing garage, and at such time the easement in favour of 63 Claremont Avenue may no longer be required. She questioned whether the Condition would prohibit the easement from being discharged. Mr. J. von Westerholt advised that the life of the easement is dependent on its use and if in the future it is no longer required, the process for removing it would be outside the Committee’s approval this date. The Chair noted the comments from Transportation Services staff regarding the proposed driveway setback to an intersection, as well as the comments related to the Driveway Visibility Triangles (DVT) and Corner Visibility Triangle (CVT), and questioned whether they should be included as part of the Committee’s decision. Mr. D. Seller agreed the recommendation regarding B 2015-061 should be amended to include a condition to maintain the DVT; and, B 2015-060 should be amended to include a condition to maintain the required DVT and CVT; as well as the 9m driveway setback to an intersection. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 330 - Submission Nos.: 1. B 2015-060 & B 2015-061 (Cont’d) Submission No.: B 2015-060 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Mary Ellen Sommerfeld requesting permission to grant two rectangular- shaped easements, as per the draft Reference Plan submitted with the application, prepared by ACI Survey, dated October 2015, in favour of 63 Claremont Avenue for driveway access and maintenance on an existing garage. The first easement has a width of 1.2m (3.93’) and a depth of 10.1m (33.136’); the second easement has a width of 0.6m (1.968’) and a depth of BE 19.4m (63.648’), on Lot 113, Plan 248, 59 Claremont Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant and servient lands shall: a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easements, b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, to the City Solicitor, and c. Provide copies of the registered Transfer Easement(s) and joint maintenance agreement to the City Solicitor immediately following registration. 4. That the owner shall submit a Site Plan showing the location of the proposed detached garage on the lot and elevation drawings to the satisfaction of the Director of Planning, illustrating that the proposed detached garage will be compatible with the neighbourhood in terms of massing, scale and design. Such drawings shall be implemented through the Building Permit for the detached garage. 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. That the owner shall prepare a Tree Preservation Plan (TMP) for the property municipally addressed as 59 Claremont Avenue, 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. The TMP shall address municipally owned street trees in addition to private trees on the property and trees in shared ownership. b. The owner 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. 6. That the owner shall ensure that the 4.57m Driveway Visibility Triangle (DVT), and the 7.5m Corner Visibility Triangle (CVT) are maintained to the satisfaction of the Director of Transportation Planning. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 331 - Submission Nos.: 1. B 2015-060 & B 2015-061 (Cont’d) 7. That the owner shall ensure that any proposed driveway is set back 9.0m from the intersection of Claremont Avenue and Earl Street to the satisfaction of the Director of Transportation Planning. 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 December 8, 2017. Carried Submission No.: B 2015-061 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Michael and Jamie Durbin requesting permission to grant an easement, as per the draft Reference Plan submitted with the application, prepared by ACI Survey Consultants, dated October 2015, having a width of 1.5m (4.92’) and a depth of 9.5m (31.167’), in favour of 59 Claremont Avenue for maintenance of a proposed garage, on Lot BE GRANTED 112, Plan 248, 63 Claremont Avenue, 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 owners of the proposed dominant and servient lands shall: a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easements, b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, to the City Solicitor, and c. Provide copies of the registered Transfer Easement(s) and joint maintenance agreement to the City Solicitor immediately following registration. 4. That the owner shall ensure that the 4.57m Driveway Visibility Triangle (DVT) is maintained to the satisfaction of the Director of Transportation Planning. COMMITTEE OF ADJUSTMENT DECEMBER 8, 2015 - 332 - Submission Nos.: 1. B 2015-060 & B 2015-061 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 8, 2017. Carried ADJOURNMENT On motion, the meeting adjourned at 10:19 a.m. Dated at the City of Kitchener this 8th day of December, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment