Loading...
HomeMy WebLinkAboutAdjustment - 2004-02-10 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 10, 2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Britton, Chair, called the meeting to order at 10:05 a.m. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment of January 13, 2004, as mailed to the members, be accepted. Carried The Chair addressed those present advising that in future the Committee will be less tolerant of requests for deferral. UNFINISHED BUSINESS 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. Wagner Mr. J. Boyer Contra: None Public Submissions: None The Committee was advised that the applicant requests permission for the expansion of a legal non-conforming house by enlarging and enclosing the rear porch. The Committee noted the report of the Development & Technical Services Department, dated January 6, 2004, recommending this application be refused. In the report staff advise the subject property is zoned Service Commercial Zone (C-6) with holding provision 14H, and special use provision 162U. The intention of the holding provision on this property and the 2 abutting properties is to facilitate the redevelopment of the southeasterly corner of Victoria and St. Leger Streets. The Municipal Plan designation is Mixed Use Corridor, and intends that the lands intensify over time, and provide a balanced distribution of commercial, multiple residential and institutional uses. Holding provision 14H is a means by which the Mixed Use Corridor policies can be implemented. The report also noted that there is a discrepancy as to the use of this property, and although a single family dwelling on this property is legal non-conforming, a duplex is not. Mr. Sloan advised the Committee that the zoning by-law does not permit any new development, and this application does not meet the intent of the zoning by-law. He also advised that a new zoning by-law will be considered this summer which will allow a mixture of commercial and residential uses in this area. COMMITTEE OF ADJUSTMENT 15 FEBRUARY 10, 2004 1. Submission No.: A2004-002 (Cont'd) Mr. Boyer addressed the Committee advising that at the time the previous owner applied for a building permit, the property was being used as a duplex; however, the existing owner is using this property as a single family dwelling. He advised that the owner and the 2 adjacent neighbours were not aware of the holding provision. When questioned by the Committee, Mr. Wagner advised he was aware of this variance prior to purchasing the property in December 2003. The closing date was extended and they are trying to resolve the problem through their title insurance. Mr. Wagner advised that he is an investor and intends to rent this property as a single family dwelling. The Committee was generally supportive of this application as this addition does not interfere with the Municipality's future plans for this area of Victoria Street. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of James and Maria Wagner requesting permission for the expansion of a legal non-conforming single family dwelling, being the existing one storey rear addition, roof top deck and staircase and the deck off the first floor addition, on Part Lots 15 & 16, Plan 33, 38 St. Leger Street, Kitchener, BE APPROVED, subject to the following condition: That the owner shall obtain approval of a building permit for the existing rear addition, roof top deck, staircase, and deck off the first floor. It is the opinion of this Committee that the legal non-conforming use has continued until the date of this application. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-047 Edward (Ted) Simmons 1218 & 1222 Doon Village Road Part of Lot 3, Biehn's Tract Appearances: In Support: Contra: Mr. & Mrs. E. Simmons Mr. & Mrs. B. Kinzie Public Submissions: Mr. & Ms. B. Kinzie Mr. & Mrs. V. Schwindt Mr. R. Haalboom The Committee was advised that the applicant requests permission to sever a parcel of land for residential use, having a width of 85.31 m (279.89 ft.) on Doon Village Road, a depth of 72.85 m (239.01 ft.), and an area of 6,171.47 m2 (66,431.32 sq. ft.). The Committee noted the written submissions of the following people, in opposition to this application: Mr. & Mrs. B. Kinzie, 1226 Doon Village Road, Mr. & Mrs. V. Schwindt, 1209 Doon Village Road, and Mr. R. Haalboom, 1165 Doon Village Road. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated September 24, 2003, stating they have no objections to the approval of this application. COMMITTEE OF ADJUSTMENT 16 FEBRUARY 10, 2004 1. Submission No.: B 2003-047 (Cont'd) The Committee considered the comments of the Grand River Conservation Authority, dated September 23, 2003, in which they advise that both the severed and retained lands are located partially within the flood fringe and floodway of Schneider Creek. They advised they have no objections to this application conditional on receipt of a satisfactory revised parking plan for 1222 Doon Village Road. The Committee considered the report of the Development & Technical Services Department, dated November 27, 2003, recommending approval of an amended application, in accordance with a revised plan submitted by the applicant in November 2003, which includes a parking plan for the retained land on which the wedding chapel is located. This parking plan has been approved by the City's Manager of Design & Development. They advise that the Grand River Conservation Authority has also reviewed the parking plan, and have no objection to the parking spaces in the floodplain as this is an institutional use and no fill is required. The Committee was in receipt of the following additional information submitted on February 4, 2004, by Mr. Simmons, in support of this application: a new site plan prepared by Paul Almas, Almas Associates, a proposal for 2 houses to be built on the severed land, the rational regarding two septic systems on the land to be severed, and a statement from Mr. Simmons outlining why he believes this application should be approved. Mr. Simmons advised that he is not asking for 2 severed parcels at this time, and the plan showing the possible location for 2 dwellings and septic systems is to show possible development for the severed land, and why he does not want to enlarge the retained land. The Committee reviewed all information presented, and through discussion with the applicant, staff and Mr. & Mrs. Kinzie, proposed a change to the size and configuration of the retained land which would provide for a 2-way driveway west of the house known municipally as 1218 Doon Village Road, as well as a row of parking stalls on the west side of the new 2-way driveway. This proposal would widen the retained land by approximately 13.11 m (43 ft.) at the streetline, for a depth of approximately 39 m (127.95 ft.). It was the opinion of the Committee that the rearyard parking provided by the applicant, plus the additional parking to the west of the new 2 way driveway will satisfy the concerns of the neighbours with respect to the adequacy of on-site parking for the wedding chapel. Further, the new 2-way driveway on the west side of the retained land will alleviate the concerns of Mr. & Mrs. Kinzie with respect to problems incurred over the use of the driveway they share with the lands to be retained. Further, all parking spaces on the retained land should be delineated. The Chair suggested that the widening of the retained land in this location should not prevent further development of the severed land for 2 dwellings each to be developed with private septic systems of an area of 450 m2, outside the floodway/flood fringe. Following his consideration of the Committee's proposed changes to this application, Mr. Simmons agreed to amend his application accordingly. Mr. Sloan requested in addition to the conditions requested in the report of the Development and Technical Services Department, a condition be imposed that a revised geotechnical report be submitted to the satisfaction of the City's Chief Building Official and the Grand River Conservation Authority. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Edward Simmons requesting permission to convey a parcel of land having an approximate width on Doon Village Road of 72.21 m (236.9 ft.) and an approximate width at the rear lot line of 64.36 m (211.14 ft.), generally as shown on the severance sketch produced by the Committee of Adjustment, on Part of Lot 3, Biehn's Tract, 1218 & 1222 Doon Village Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 17 FEBRUARY 10, 2004 1. Submission No.: B 2003-047 (Cont'd) That the owner shall receive approval of a revised parking plan for the retained land, including a two-way driveway on the west side of the retained land, and a row of parking stalls on the west side of the two-way driveway, from the City's Department of Development & Technical Services, and shall agree to delineate all parking spaces on the retained land. That the owner shall receive approval from the City's Chief Building Official and the Grand River Conservation Authority of a revised Geotechnical report. 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 make satisfactory financial arrangements with the City's Director of Engineering for the following: a) installation of all new service connections to the severed land that may be required; and, b) installation to City standards, of boulevard landscaping, including street trees and a paved driveway ramp on the severed land. 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 land which shall include the following: a) That prior to any grading, or the issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Manager of Design and Development showing: i) the proposed location of all buildings, including accessory buildings and structures, decks and driveways; ii) the location of any existing buildings or structures to be removed or relocated: iii) the location of all trees to be preserved or removed, including notations of their size, species, and condition; iv) justification for any trees to be removed; and, v) outline tree protection measures for trees to be preserved. Further, any alteration or improvement to the land including grading, and tree removal, and the issuance of any building permits, shall be in compliance with the approved plan. Any changes to the approved plan require the approval of the City's Manager of Design and Development. b) That the owner shall obtain the approval of the City's Director of Transportation Planning, in consultation with the City's Heritage Planner, for any new driveway location proposed for the severed land, prior to the issuance of a building permit. In this regard, if the existing access on the severed land is not to be used as the permanent access, the redundant driveway should be closed to City standards. That the owner shall pave the entrance to the proposed new driveway on the west side of the retained land, to the satisfaction of the Director of Transportation Planning and Manager of Design & Development, with respect to the potential impact of the driveway on adjacent trees on the retained lands. COMMITTEE OF ADJUSTMENT 18 FEBRUARY 10, 2004 1. Submission No.: B 2003-047 (Cont'd) 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. 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 February 10, 2006. Carried Submission No.: Applicant: Property Location: Leqal Description: B 2004-005 Freure Developments Limited 105 Pinnacle Drive Parts 1 to 5, Reference Plan 58R-6869 & 58R-7422 At the request of the applicant's agent, the Committee agreed to defer and refer consideration of this application to its meeting scheduled for March 9, 2004, peremptory. Submission No.: Applicant: Property Location: Leqal Description: B 2004-007 Haastown Holdings (Kitchener) Inc. Chestnut Street, Mansion Street & Locust Street Part Lot 103, Registered Plan 157 At the request of the applicant's agent, the Committee agreed to defer and refer consideration of this application to its meeting scheduled for March 30, 2004, to allow the applicant an opportunity to submit an Application for Minor Variance. CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Leqal Description: B 2003-028 & A 2003-046 Octavian & Zlatina Candale 115 South Drive Parts of Lots 264 & 265, Registered Plan 230 Appearances: In Support: Mr. S. Kay Mr. O. Candale Contra: None Public Submissions: None The Committee was advised that the applicants request permission to convey a parcel of land having a width on South Drive of 15.7 m (51.43 ft.), a depth of 19.8 m (64.96 ft.) and an area of 286.6 m2 (3.085.03 sq. ft.) to be developed as a single family dwelling. The applicants also request permission for the accessory garage proposed for the severed lands to have a setback of 4.5 m (14.7 ft.) from South Drive rather than the required 6 m (19.68 ft.), and permission to continue the legal non-conforming use of the retained lands as a 4 unit multiple dwelling on a smaller lot. COMMITTEE OF ADJUSTMENT 19 FEBRUARY 10, 2004 1. Submission Nos.: B 2003-028 & A 2003-046 (Cont'd) The Committee noted the comments of the Region of Waterloo Planning, Housing & Community Services, dated July 2, 2003, advising they have no objections to the applications. The Committee considered the report of the Development & Technical Services Department, dated January 23, 2004, in which staff advised that consideration of these applications has been deferred pending the disposition of an adjacent parcel of City owned land. The City has decided not to dispose of the land, so these applications can now be considered as submitted. With respect to the request for permission to continue the legal non-conforming multiple dwelling on a smaller lot, staff advise that they have obtained information from the applicant as to the size of the dwelling units, and have determined that only one parking space is required; although, the applicant advises he intends to provide 3 spaces. As the existing parking is located on the land to be severed, the parking will have to be relocated to the retained land, and will have to be accessed from Belmont Avenue. With respect to the variance to locate an attached garage on the severed land with a setback of 4.5 m (14.76 ft.) from the front lot line rather than the required 6 m (19.69 ft.), staff advise that the variance is created due to a curve in the front lot line, and will only affect a small portion of the garage. They recommend approval of this variance. Staff also recommends approval of the Application for Consent, subject to conditions. Mr. Kay addressed the Committee in support of the staff report, except condition #5 for the Application for Consent. He advised that an easement transcends property ownership and there is no legal requirement to renew an easement. Submission No. A 2003-046 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Octavian & Zlatina Candale requesting permission to continue a legal non- conforming 4 unit multiple dwelling on a smaller parcel of land, and permission to locate a garage on the severed land with a setback from South Drive of 4.5 m (14.7 ft.) rather than the required 6 m (19.68 ft.), on Part Lots 264 & 265, Registered Plan 230, 115 South Drive, Kitchener, Ontario, BE APPROVED. 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. B 2003-028 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Octavian & Zlatina Candale requesting permission to convey a parcel of land having a width on South Drive of 15.7 m (51.43 ft.) by a depth of 19.8 m (64.96 ft.), and an area of 286.6 m2 (3,085.03 sq. ft.) on Part Lots 264 & 265, Registered Plan 230, 115 South Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 20 FEBRUARY 10, 2004 1. Submission Nos.: B 2003-028 & A 2003-046 (Cont'd) 1. That the owners shall receive final approval of Submission No. A 2003-046. 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. That the owners shall make satisfactory financial arrangements with the City's Engineering Services for the following: a) installation, to City standards, of boulevard landscaping, including street trees and a paved driveway ramp at grade with the existing sidewalk on the severed land, and a paved driveway ramp at grade with the existing sidewalk on the retained land; and, b) installation of all new service connections, including water, and sanitary and storm sewers, to the severed land. That the owner shall relocated the parking area for the multiple dwelling from the proposed severed land to the retained land in accordance with an approved parking plan to the satisfaction of the Director of Transportation Planning and the Manager of Design and 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. 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. 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 February 10, 2006. Carried 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 Appearances: In Support: None Contra: None Public Submissions: None As no one appeared in support of these applications, the Committee agreed to defer and refer consideration of these applications to its meeting scheduled for March 9, 2004, peremptory. COMMITTEE OF ADJUSTMENT 21 FEBRUARY 10, 2004 NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-006 Lynn & Dwight Snider 87 Homewood Avenue Lot 114, Subdivision of Lot 17, German Company Tract Appearances: In Support: Mr. M. Leis Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to construct a wheelchair ramp and one storey addition on the easterly side of house with a side yard of 0.89m (2.91') rather than 1.2m (4'). The Committee considered the report of the Development & Technical Services Department, dated January 27, 2004, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 4, 2004, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Lynn & Dwight Snider requesting permission to construct a wheelchair ramp and one storey addition on the easterly side of the house with a side yard of 0.89m (2.91') rather than the required 1.2m (4') on Lot 114, Subdivision of Lot 17, German Company Tract, 87 Homewood Avenue, Kitchener, Ontario, BE APPROVED, 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. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-007 - A 2004-011, incl. Monarch Construction Limited Doon South Dr., Doon Mills Dr., Woodsmeer Dr., Sugarmill Crt. Block 1 of 58M-295, Block 3 of 58M-295, Block 5 of 58M-295, Block 94 of 58M-226 Appearances: In Support: Mr. B. Blackmere Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 22 FEBRUARY 10, 2004 2. Submission No.: A 2004-007 - A 2004-011, incl. (Cont'd) The Committee was advised that the applicant is requesting permission for variances respecting units in a townhouse complex as follows: · Unit 1, Building 1, Block 1, to have a driveway located 7.5m (24.61') from the intersection of Doon South Drive and Doon Mills Drive rather than 9m (29.53'), · Unit 12, Building 4, Block 3, to have a driveway located 7.5m (24.61') from the intersection of Doon South Drive and Woodsmere Drive rather than 9m (29.53'), · Unit 43, Building 13, Block 5, to have a driveway located 8.31m (27.26') from the intersection of Doon Mills Drive and Sugarmill Court rather than 9m (29.53'), · Unit 21, Building 6, Block 3, to have a minimum rear yard of 6.5m (21.33') rather 7.5m (24.61 '), · Unit 58, Building 16, Block 94, to have a side yard of 2.1 m (6.89') rather than 2.5m (8.2'). The Committee noted the comments of the Development & Technical Services Department, dated January 26, 2004, recommending that Applications for Minor Variance for A 2004-007 to A 2004-009 inclusive and A 2004-011 be approved, and Application for Minor Variance A 2004-010 be withdrawn, as the side lot line has been misinterpreted as the rear lot line. Staff are satisfied that the required rearyard can be provided. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated February 4, 2004, advising they have no concerns with this application. Mr. Blackmere withdrew Submission No. A 2004-010, based on the staff comments that it is not required. Submission No. A 2004-007 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Monarch Construction Limited requesting permission to locate a driveway 7.5 m (24.61 ft.) from the intersection of Doon South Drive and Doon Mills Drive, rather than the required 9 m (29.53 ft.), on Part of Block 1, Registered Plan 58M-295, Doon South Drive and Doon Mills Drive, Kitchener, Ontario, BE APPROVED. 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. A 2004-008 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Monarch Construction Limited requesting permission to locate a driveway 7.5 m (24.61 ft.) from the intersection of Doon South Drive and Woodsmere Drive rather than the required 9 m (29.53 ft.), on Part Block 3, Registered Plan 58M-295, Doon South Drive and Woodsmere Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 23 FEBRUARY 10, 2004 Submission No.: A 2004-007 - A 2004-011, incl. (Cont'd) It is the opinion of this Committee that: 1. 2. 3. The variances requested in this application are minor in nature. 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. Submission No. A 2004-009 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Monarch Construction Limited requesting permission to locate a driveway 8.3 m (27.6 ft.) from the intersection of Sugarmill Court and Doon Mills Drive rather than the required 9 m (29.53 ft.), on Part Block 5, Registered Plan 58M-295, Sugarmill Court and Doon Mills Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor in nature. 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. Submission No. A 2004-010 Withdrawn Submission No. A 2004-011 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki Carried That the application of Monarch Construction Limited requesting permission for a side yard of 2.1 m (6.89 ft.) rather than the required 2.5 m (8.2 ft.) for a townhouse unit, on Part Block 94, Registered Plan 58M-226, Doon Mills Drive, Kitchener, Ontario, BE APPROVED. 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. Carried COMMITTEE OF ADJUSTMENT 24 FEBRUARY 10, 2004 CONSENT Submission No.: Applicant: Property Location: Leqal Description: B 2004-008 Hallman Construction Limited 30 Bryan Court Block 1, Registered Plan 58M-303 Mr. P. Britton declared a pecuniary interest in this application as his planning firm represents the applicant, and did not participate in any discussion or voting with respect to this application. Mr. Z. Janecki chaired the meeting during consideration of this application. Appearances: In Support: Mr. E. Theodore Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Bryan Court of 17.16m (56.3 ft.) and an area of 1.274ha (3.15 acres); subject to right-of-way in favour of the retained lands. The property will be developed with 27 townhouses. The Committee considered the report of the Development & Technical Services Department, dated January 22, 2004, recommending approval of this application. The Committee considered the report of the Region of Waterloo Planning, Housing and Community Services, dated February 3, 2004, advising they have no objection to this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Hallman Construction Limited requesting permission to convey a parcel of land having a width on Bryan Court of 17.16m (56.3'), and an area of 1.274ha (3.15 acres); subject to right-of-way in favour of the retained lands and Block 1, Registered Plan 58M-304, on Part of Block 1, Registered Plan 58M-303, 30 Bryan Court, 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. 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. 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 February 10, 2006. Carried Mr. Britton resumed the chair at this time. COMMITTEE OF ADJUSTMENT 25 FEBRUARY 10, 2004 Submission No.: Applicant: Property Location: Legal Description: B 2004-009 Old Fire Hall Apartments 150 Highland Road West Part Lots 8, 17, 18, 19, 20 and 21, Municipal Compiled Plan of Subdivsion of Lot 17, German Company Tract, and Lots 10, 11 & 12, and Part of Lot 9, Registered Plan 222 and Parts of Lots 17, 18, 19, 20 and 21, Municipal Compiled Plan of Subdivision of Lot 17, German Company Tract Mr. Z. Janecki declared a pecuniary interest in this application as the planning firm he is employed by represents the applicant, and did not participate in any discussion or voting with respect to this application. Appearances: In Support: Ms. A. Gomes Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to relocate the designated walkway from the westerly side lot line abutting the properties on Patricia Avenue, to the easterly side of the proposed apartment building. The Committee considered the report of the Development & Technical Services Department, dated January 30, 2004, advising that staff support the proposed walkway (right-of-way), and recommend that the owner: release the existing right of way over Part 4; prepare a new reference plan indicating the exact location of the pedestrian access route; and, enter into a new right-of- way to the satisfaction of the City. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated February 3, 2004, advising they have no objection to this application. The Committee considered the comments of the Grand River Conservation Authority, dated January 29, 2004, advising that they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Old Fire Hall Apartments requesting permission to relocate the designated walkway from the westerly side lot line abutting the properties on Patricia Avenue, to the easterly side of the proposed apartment building, on Part Lots 8, 17, 18, 19, 20 and 21, Municipal Compiled Plan of Subdivsion of Lot 17, German Company Tract, and Lots 10, 11 & 12, and Part of Lot 9, Registered Plan 222, and Parts of Lots 17, 18, 19, 20 and 21, Municipal Compiled Plan of Subdivision of Lot 17, German Company Tract, 150 Highland Road West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall release the right-of-way access over Part 4 on the plan prepared by ACI Survey Consultants, dated March 26, 2003, to the satisfaction of the City Solicitor. That the owner shall prepare a reference plan showing the location of the pedestrian access route as identified in the site plan drawing, dated December 16, 2003, prepared by Planning and Engineering Initiatives Limited, to the satisfaction of the Manager of Design and Development. That the owners of 150 Highland Road West (subject property) and 150 Highland Road West (Old Firehall Site) shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for pedestrian access and a joint maintenance agreement for both properties are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. COMMITTEE OF ADJUSTMENT 26 FEBRUARY 10, 2004 Submission No.: B 2004-009 (Cont'd) 4. 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: 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 February 10, 2006. Carried ADJOURNMENT On motion, the meeting adjourned at 1:00 p.m. Dated at the City of Kitchener this 10th day of February, 2004. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment