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HomeMy WebLinkAboutAdjustment - 2004-03-09 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 9, 2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and D. Cybalski. 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. D. Cybalski Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment of February 10, 2004, as mailed to the members, be accepted. Carried The Chair advised those present that it is the Committee's objective to restrict deferrals of applications, as they cost the City time and money, and costs the public time. UNFINISHED BUSINESS CONSENT & MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal 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: Mr. M. Kovacevic Contra: None Public Submissions: Ms. D. Hallman The Committee was advised that the applicants request permission to convey 3 parcels of land: the first to have a width on Frederick Street of 32.55 m (144.39 ft.) by a depth of 44.12 m (144.75 ft.) on Avon Road, for future development. The second lot will have a width on Avon Road of 13.69 m (44.92 ft.), a depth of 30.48 m (100 ft.) and an area of 418 m2 (4,499.31 sq. ft.). The third lot will have a width on Avon Road of 13.59 m (44.6 ft.) a depth of 30.48 m (100 ft.) and an area of 414.22 m2 (4,460 sq. ft.). These 2 lots will be developed with triplexes, and will have rights-of-way over each other's driveways to allow access to parking lots in the rearyards. It is proposed that the 2 lots to be developed with triplexes will have lot widths of 13.69 m (44.92 ft.) and 13.59 m (44.6 ft.) rather than the 15 m (49.21 ft.). The retained land will contain the existing dwelling. The Committee was in receipt of a report from the Development & Technical Services Department, dated March 3, 2004, noting these applications were originally to be considered by the Committee of Adjustment on December 9, 2003. Since that time staff have been working with the applicant to revise the development plan to allow for a more intensive development opportunity. It was also determined that a Tree Management Report is required to address the impact of development on trees located on the subject property and neighbouring properties. At this time staff request deferral of these applications until April 20, 2004, to allow for finalization of the Tree Management Report, and staff review of same. COMMITTEE OF ADJUSTMENT 28 MARCH 9, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) Mr. Kovacevic addressed the Committee in support of the Development and Technical Services Department report. He advised that, in addition to the Tree Management Report, a grading issue has arisen, requiring construction of a retaining wall which may affect trees on the abutting property. The Committee agreed to defer consideration of these applications to its meeting of April 20, 2004, and directed Mr. Kovacevic to provide the Committee with a letter from the abutting property owners that they are aware of the measures to be taken with respect to their trees. CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-005 Freure Developments Limited 105 Pinnacle Drive Part of Biehn's Unnumber Tract, being Part 1, Reference Plan 58R- 6869, and Parts 1-5, Reference Plan 58R-7422 Appearances: In Support: Mr. E. Saulesleja Contra: Mr. J. Redmond Public Submissions: Mr. G. Taylor Mr. & Mrs. J. Taleski Mr. S. Cameron The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Pinnacle Drive of approximately 8 m (26.25 ft.), an irregular shape, and an area of 2,021 m2 (21,754.57 sq. ft.), as a lot addition to the abutting property. The Committee was in receipt of a written request from the applicant's agent to defer this application until the Committee's meeting of March 30, 2004. Mr. Saulesleja addressed the Committee in support of the deferral, advising that there are still concerns with respect to access, as identified by the proposed purchaser, and another abutting property owner at 39 Doon Valley Drive, which are near to being resolved. In order to address these concerns, some minor modifications to this application may be required. Another concern raised by staff is the Heritage Designation on the property at 39 Doon Valley Drive, and any impact this application may have on the designated property. Mr. Saulesleja stated the applicant, the neighbours and staff are working to resolve these issues, which should be accomplished by the Committee's March 30th meeting. Mr. J. Redmond, agent for Pleter Vos Limited, noted that this application is intended to resolve issues outside of the litigation. Conestoga College is the proposed purchaser of the Vos lands and the severed lands in this application and has entered into a conditional offer to purchase, subject to resolution of the litigation. The Chair suggested that any approval by this Committee may be conditional on final resolution of the litigation. It was generally agreed by all parties that consideration of this application be deferred to the Committee of Adjustment meeting scheduled for March 30, 2004. This meeting recessed at 10:20 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Sign By-law, and reconvened at 10:25 a.m., with all members present. COMMITTEE OF ADJUSTMENT 29 MARCH 9, 2004 NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2004-012 Eronim Crijan 57 Yarrow Court Lot 131, Registered Plan 58M-267 Appearances: In Support: Mr. E. Crijan Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization of a house with a rear yard of 6.66m (21.85 ft.) rather than 7.5m (24.61 ft). The Committee considered the report of the Development & Technical Services Department, dated February 25, 2004, recommending approval of the variance as it applies to the existing house which is under construction. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Eronim Crijan requesting legalization of a single family dwelling and garage with a rear yard of 6.66m (21.85 ft.) rather than 7.5m (24.61 ft), on Lot 131, Registered Plan 58M-267, 57 Yarrow Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the single family dwelling and garage (under construction) generally as shown on the plan submitted with this application. 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 2004-013 Calabras (Canada) Limited 83 New Dundee Road Part Lot 5, Plan 1666, being Part of Part 3, Reference Plan 58R- 8400, together with a Right-of-Way over Parts of Lots 5,6, and 8, Plan 1666, being Part 2, Reference Plan 58R-8400 Appearances: In Support: Mr. R. Stocks Contra: None COMMITTEE OF ADJUSTMENT 30 MARCH 9, 2004 2. Submission No.: A2004-013 (Cont'd) Public Submissions: None The Committee was advised that the applicant requests permission to provide 105 off-street parking space for a college residence/hotel rather than 155 spaces. The Committee considered the report of the Development & Technical Services Department, dated February 20, 2004, in which they advise that City Traffic staff have monitored the on-site parking demands for the existing Conestoga College residence, and are satisfied that the existing parking supply is more than adequate to accommodate the number of beds. The existing residence houses 531 students, and provides 252 parking spaces, of which only 189 are used, or 1 space for every 3.6 beds. The variance being requested will provide 0.68 spaces per suite. In addition staff provided a comparison of parking demands at university residences in the City of Waterloo. They recommend approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Calabras (Canada) Limited requesting permission to provide 0.68 parking spaces per suite rather than the required 1 parking space per suite for a 155 suite student residence, on Part Lot 5, Plan 1666, being Part of Part 3, Reference Plan 58R-8400, together with a Right-of-Way over Parts of Lots 5,6, and 8, Plan 1666, being Part 2, Reference Plan 58R- 8400, 83 New Dundee Road, 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.: Applicant: Property Location: Legal Description: A 2004-014 Alcina Melo 5 Stirling Avenue South Lot 191, Registered Plan 303 Appearances: In Support: Ms. A. Melo Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization a lot having a width of 12.19m (40 ft.) rather than 16m (52.49 ft.) within the Commercial Residence Zone (CR-4). The Committee considered the report of the Development & Technical Services Department, dated February 27, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 31 MARCH 9, 2004 3. Submission No.: A2004-014(Cont'd) Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Alcina Melo requesting legalization of a lot in the CR-4 zone having a width of 12.19m (40 ft.) rather than the required16m (52.49 ft.), on Lot 191, Registered Plan 303, 5 Stirling Avenue South, 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.: Applicant: Property Location: Leqal Description: A 2004-016 Francine & John Chambers 83 Stonegate Drive Lot 19 & Part Lot 18, Registered Plan 1411 Appearances: In Support: Mr. & Mrs. J. Chambers Contra: None Public Submissions: None The Committee was advised that the applicants request permission to allow a home business to have 4 non-resident employees rather than 1, and to permit 1 of the required parking spaces in the garage to be obstructed. The Committee considered the report of the Development & Technical Services Department, dated March 3, 2004, recommending the application be refused. Staff advise that the intent of the Municipal Plan and Zoning By-law is to encourage small business owners to begin their operation in their homes. Once the business is able to hire more than one employee, it is deemed to be more commercial or industrial in nature, and would be better suited in zones other than residential. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated February 29, 2004, advising they have no concerns with this application, as the driveway is already in place, and no new construction is proposed. In response to the staff comments, Ms. Chambers advised that the home business has not yet developed to the point where there is enough capital to move it from her home. She advised that it is a mail order business, where no customers visit the premises. Further, the product is delivered to her home only once a month, so the business does not generate a lot of traffic. The only people parking on the site are herself and her non-resident employees. Ms. Chambers also advised the Committee that the number of non-resident employees has been reduced to 3, and she requested permission to amend her application accordingly. COMMITTEE OF ADJUSTMENT 32 MARCH 9, 2004 4. Submission No.: A 2004-016 (Cont'd) Mr. Sloan advised that staff would not object to the application provided there is a limit to the number of clients visiting the property; as a home business is usually permitted 3 clients to the visit the property at any one time. If there are no clients, the parking for 3 non-resident employees would be the same as for 3 clients. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Francine & John Chambers requesting permission for 3 non-resident employees for a home business rather than the permitted 1 non-resident employee, and to provide an obstructed parking space in the garage rather than all parking spaces being unobstructed, on Lot 19, and Part Lot 18, Registered Plan 1411, 83 Stonegate Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: The variances as approved in this application shall apply only so long as the home business is that of a home office with no customers/clients attending at the premises. 2. That the home office shall not be permitted any signs. 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: Leqal Description: A 2004-017 Paul Deman 100 Cameron Street North Lot 13, Registered Plan 124 Appearances: In Support: Mr. P. Deman Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a rear deck 2.44m (8 ft.) above grade with a Om side yard rather than 1.2m (3.97 ft.). The Committee considered the report of the Development & Technical Services Department, dated February 27, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 24, 2003, advising they have no objections to this application. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Paul Deman requesting permission to construct a rear deck 2.44 m (8 ft.) above grade with a sideyard of Om rather than the required 1.2m (4 ft.), on Lot 13, Registered Plan 124, 100 Cameron Street North, Kitchener, Ontario, BE APPROVED, COMMITTEE OF ADJUSTMENT 33 MARCH 9, 2004 5. Submission No.: A 2004-017 (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.: Applicant: Property Location: Leqal Description: Appearances: A 2004-018 John & Catherine Spencer 10 Pearwood Court Lot 29, Re.qistered Plan 58M-109 In Support: Mr. J. English Mr. A. Baribeau Contra: None Public Submissions: None Carried The Committee was advised that the applicants request permission to construct a rear addition with a rear yard of 5.78m (18.96 ft.) rather than 7.5m (24.61ft.). The Committee considered the report of the Development & Technical Services Department, dated February 25, 2004, recommending approval of this application. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no objections to this application. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of John & Catherine Spencer requesting permission to construct a rear addition with a rear yard of 5.78m (18.96 ft.) rather than the required 7.5m (24.61ft.), on Lot 29, Registered Plan 58M-109, 10 Pearwood Court, 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 34 MARCH 9, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-019 Renald & Carole Hache 929 Erinbrook Court Lot 13, Registered Plan 58M-66 Appearances: In Support: Mr. J. English Mr. A. Baribeau Contra: None Public Submissions: None The Committee was advised that the applicants request permission to construct a rear addition with a rear yard of 6.9m (22.64 ft.) rather than 7.5m (24.61 ft.). The Committee considered the report of the Development & Technical Services Department, dated February 25, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 24, 2004, advising they have no objection to this application. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Renald & Carole Hache requesting permission to construct a rear addition with a rear yard of 6.9 m (22.64 ft.) rather than the required 7.5m (24.61 ft.), on Lot 13, Registered Plan 58M-66, 929 Erinbrook Court, 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 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-010 Senberg Management Ltd. 555 King Street East Part Lots 64, 85 & 88 & Part Betzer Avenue & Lots 86 & 87, Registered Plan 303, being Parts 1 & 2, Reference Plan 58R-13817, and Parts 3, 4 & 5, Reference Plan 58R-13817 Appearances: In Support: Contra: Public Submissions: Mr. H. Rotberg None None COMMITTEE OF ADJUSTMENT 35 MARCH 9, 2004 1. Submission No.: B 2004-010 (Cont'd) The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Betzner Avenue South of 21.9m (71.85 ft.), a depth on King Street East of 43.6m (143.04 ft.), and an area of 939.5m2 (10,113 sq.ft.), together with a right-of-way for parking on the retained land. The Committee considered the report of the Development & Technical Services Department, dated February 25, 2004, advising the applicant previously submitted this application, which was approved by the Committee of Adjustment on October 22, 2002. The owners were unable to fulfill the conditions within the statutory 1 year time limit; consequently, they have reapplied. Staff advise that they are willing to support this application, subject to the same conditions previously imposed by this Committee. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated March 4, 2004, in support of this application, provided the owner undertakes a Noise Study, and agrees to implement the study's recommendations. Mr. Rotberg advised the Committee that the original transactions to purchase this property was aborted, and the conditions of the previous consent approval were not all fulfilled. He advised that he was not in agreement with conditions 1 and 3 outlined in the staff report, as these conditions were satisfied through the previous consent approval. Mr. Sloan noted that the agreements entered into by the applicant refer specifically to Submission No. B 2002-028, and new agreements referencing the current Application for Consent will be required. Mr. Rotberg then agreed to all of staff's recommended conditions. With respect to the Record of Site Condition requested in proposed condition No. 3, the Chair stated that it is not the Committee's intention to require another one, if one has already been submitted, and the condition will be reworded accordingly. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Senberg Management Ltd. requesting permission to convey a parcel of land having a width on Betzner Avenue South of 21.9m (71.85 ft.), a depth on King Street East of 43.6m (143.04 ft.), and an area of 939.5m2 (10,113 sq.ft.), together with a right-of-way over the retained land for parking, on Part Lots 64, 85 & 88, and Part of Betzer Avenue, and Lots 86 & 87, Registered Plan 303, being Parts 1 & 2, Reference Plan 58R-13817, together with right-of-way over Parts 3, 4 & 5, Reference Plan 58R-13817, 555 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 in which the owner agrees that the site will be developed substantially in accordance with the concept plan dated October 21, 2002. No changes to the said plan shall be granted except with the prior approval of the City's Manager of Design and Development. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the owner shall enter into agreements with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each of the severed and retained lands, which shall require that prior to the commencement of any grading or the issuance of any building permit on the severed or retained lands, the owner shall undertake a Site Assessment for the severed or retained lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the City's Principal Planner or alternatively, that the owner provide written acknowledgement from the MOEE that a Record of Site Condition is not required. In the event there is an acknowledged Record of Site Condition for this property, another one is not required. COMMITTEE OF ADJUSTMENT 36 MARCH 9, 2004 1. Submission No.: B 2004-010 (Cont'd) That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed and retained lands. 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 if required, the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate King Street noise levels for the proposed development and if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study prior to the issuance of any building permit. 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 March 9, 2006. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2004-011 Waldemar Dittrich and Sandra Laramee 32 Fifth Avenue Lot 120, Registered Plan 254 Appearances: In Support: Ms. S. Laramee Mr. W. Dittrich Contra: None Public Submissions: None The Committee was advised that the applicants requests permission sever a parcel of land having a width on Fifth Avenue of 10.67m (35 ft.), by a depth of 40.23m (132 ft.), and an area of 429.2m2 (4620 sq.ft.), to be developed with a new single family dwelling. The Committee considered the report of the Development & Technical Services Department, dated March 3, 2004, generally in support of the application; however, raising some concerns with respect to the demolition of the existing house and garage, and their ability to locate the party wall for the new semi-detached dwelling on the severance line. Following discussion with their surveyor, the applicants are satisfied that the new semi-detached dwelling can be accurately located COMMITTEE OF ADJUSTMENT 37 MARCH 9, 2004 2. Submission No.: B 2004-011 (Cont'd) The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated March 4, 2004, advising they have no objection to this application. At the request of Ms. Laramee, Mr. Sloan explained the City's request for parkland dedication, and the fact that it will be applicable only to the severed land. The Committee also advised that when obtaining a building permit, they will only be requried to pay a development charge for one of the two semi-detached units. With respect to staff's concerns about locating the party wall of the semi-detached dwelling on the severance line, Ms. Laramee advised she has received correspondence from their surveyor confirming that the party wall can be located accurately. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Wadlemar Dittrich and Sandra Laramee requesting permission to convey a parcel of land having a width on Fifth Avenue of 10.67m (35 ft.), a depth of 40.23m (132 ft.), and an area of 429.19m2 (4620 sq.ft.), on Part Lot 120, Plan 254, 32 Fifth Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That a Demolition Control Application to demolish the existing single detached dwelling, and detached garage, municipally known as 32 Fifth Avenue, receive final approval and that the existing single detached dwelling and detached garage be removed to the satisfaction of the City's Chief Building Official. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections, including municipal water, sanitary sewer and storm sewer, to the severed and retained lands. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. That the owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 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 March 9, 2006. Carried COMMITTEE OF ADJUSTMENT 38 MARCH 9, 2004 CONSENT & MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: B 2004-012 & A 2004-020 Lutheran Homes Kitchener-Waterloo 2727 Kingsway Drive Part of Lot 6, Registered Plan 958 Appearances: In Support: Mr. C. Pidgeon Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to mortgage a new residential care facility separately from the existing long term care facility, to permit each facility to have frontage on Kingsway Drive of 7.5m (24.61 ft.) rather than 15m (49.21 ft.), to permit a side yard for the new residential care facility of 2.6m (8.53 ft.), and a side yard for the existing long term care facility of 2.5m (8.2 ft.) rather than 6m (19.69 ft.). The Committee considered the report of the Development & Technical Services Department, dated March 3, 2004, advising that the purpose of these applications is to allow a severance for mortgage purposes to allow the proposed residential care facility to be mortgage separately from the existing long term care facility. The applicants have also submitted an Application for Minor Variance to legalize potential zoning deficiencies, should default of mortgage occur and a full severance take place. In the report, staff identify two complications: the existing servicing layout does not allow for the realistic installation of separate service connections without considerable expense and reconfiguration; and the mortgagee will not enter into an agreement which will acknowledge the servicing requirements should there be a mortgage default, and a full consent be required. Staff recommend a new configuration for the proposed severed land, and an agreement between the owner and the City which ensures that in the event of mortgage default, the owner will not impact the access or provision of services to Parcel "A" as shown on a revised plan provided by staff. Further, staff recommend that the Application for Minor Variance be withdrawn, as the proposed Consent could not withstand the tests in the Planning Act. They recommend that any Applications for Minor Variance be withheld until the owner is ready to apply for a full consent. The Committee considered the comments for the Region of Waterloo Planning, Housing and Community Services, dated March 4, 2004, advising they have no objections to this application. Mr. Pidgeon reviewed the Application for Consent, confirming that the application is for mortgage purposes only. He advised that the mortgagees of Parcels "A" and "B" will not enter into an agreement as requested by City staff. Mr. Sloan explained that the revised severed parcel, shown as Parcel "A" on the sketch provided by staff, does not contain any of the main sanitary sewer lines into the property. The City, through the requested agreement, wants to make certain the owner of the main site will not cut off the services to Parcel "A" in the event of a foreclosure. Mr. Pidgeon again confirmed that the mortgagees for Parcels "A" and "B" will not sign the City's requested agreement, and the Chair noted that the agreement has no value if not signed by the mortgagees. The Committee generally agreed to the revised Application for Consent if the mortgagees for Parcels "A" and "B" sign the City's requested agreement; as it is the objective to have these lands function as 1 unit. Following further discussion, the Committee generally agreed to support the application provided the existing mortgagee and the owner sign the City's requested agreement, and the agreement is binding on all successors and assigns. COMMITTEE OF ADJUSTMENT 39 MARCH 9, 2004 1. Submission No.: B 2004-012 & A 2004-020 (Cont'd) Mr. Pidgeon requested that the Application for Consent be amended as identified in the staff report and that Submission No. A 2004-020 be withdrawn as it is not longer required. Submission No. B 2004-012 Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Lutheran Homes Kitchener-Waterloo requesting consent to a mortgage on a parcel of land having no street frontage, an irregular shape, and an area of 5,035 m2 (54,198.06 sq. ft.), on Part Lot 6, Plan 958, 2727 Kingsway Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall provide a draft reference plan showing the revised consent lines, which shall be approved by the City's Manager of Design & Development. That the Owner shall enter into an agreement with the City of Kitchener, satisfactory to the City Solicitor, to be signed by the current mortgagee, and registered on title, confirming that: a) in the event enforcement proceedings are taken under the terms of any mortgage/charge of land the Owner, its successors or assigns, shall take no action to affect the servicing and/or access to any buildings on the lands described as Part Lot 6, Plan 958, being Part 1, Reference Plan 58R-8910; and, b) the Owner acknowledges that the parcel subject of this consent may not be separately conveyed from the abutting lands without obtaining a consent to sever including any necessary rights-of-ways, the installation of new services connections and any related minor variances. This agreement shall be binding on all successors and assigns. 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 March 9, 2006. Carried Submission No. A 2004-020 Withdrawn COMMITTEE OF ADJUSTMENT 40 MARCH 9, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-015 & B 2004-003 Edward T. Elie 142 & 146 Church Street Part Lots 17 & 18, Re.qistered Plan 367 Appearances: In Support: Ms. K. Lewis Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to sever 146 Church Street from 142 Church Street, and to legalize the following at 142 Church Street: a rear yard for the house of 4.52m (14.83 ft.) rather than 7.5m (24.61 ft.), the shed with a side yard of 0.91m (2.99 ft.) and a rear yard of 0.14m (0.46 ft.) rather than 1.2m (3.97 ft.); and the shed at 146 Church Street to have a side yard of 0.92m (3.02 ft.) rather than 1.2m (3.97 ft.). The Committee considered the report of the Development & Technical Services Department, dated February 27, 2004, in which staff advise that the applicant submitted the Application for Consent to the January 13, 2004 Committee of Adjustment meeting, at which time it was determined that severing 142 Church Street from 146 Church Street created variances to the City's current zoning by-law. The applicant has since submitted an Application for Minor Variance to seek approval of the variances which will be created should the severance be granted. There are additional variances required which have been outlined in the report, and staff recommend that Submission No. A 2004-015 be amended accordingly. At the request of Ms. Lewis, the Committee agreed to consider amendments to Submission No. A 2004-015, as recommended by staff. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 8, 2004, advising they have no objection to Submission No. B 2004-003. Submission No. B 2004-003 Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Edward T. Elie requesting permission to convey a parcel of land having a width on Church Street of 13.7 m (44.95 ft.), a depth of 23.15 m (75.95 ft.), and an area of 332.91 m2 (3,583.53 sq. ft.), on Part Lot 17, Plan 367, 142 Church Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2004-015. 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 41 MARCH 9, 2004 2. Submission No.: A 2004-015 & 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 March 9, 2006. Carried Submission No. A 2004-015 Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Edward T. Elie requesting permission for a rear yard for the house at 142 Church Street of 4.52 m (14.83 ft.) rather than the required 7.5 m (24.61 ft.), and a shed with a rearyard of 0.14 m (0.46 ft.) rather than the required 0.6 m (2 ft.), and an enclosed front porch at 146 Church Street with a setback of 3.79 m (12.43 ft.) rather than the required 4.5 m (15 ft.), and the house at 146 Church Street with a right side yard of 1.16 m (3.81 ft.) rather than the required 1.2 m (4 ft.), on Part Lots 17 & 18, Plan 367, 142 & 146 Church Street Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall apply to the existing structures generally as shown on the plan submitted with this application. 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 CHANGE OF CONDITIONS Submission No.: Applicant: Property Location: Legal Description: CC 2004-001 Ronald & Francine Johnson 197 Mill Street Lot 6, Registered Plan 128 Appearances: In Support: Mr. R. Johnson Contra: None Public Submissions: None The Committee was advised that the applicants request permission for a change of condition for Submission No. B2003-052, granted by the Committee on November 18, 2003. The condition for which the applicant requests a change is condition No. 4 which is as follows: "That the owners shall remove one of the existing driveways for the retained lands, which driveway shall be re-instated to the satisfaction of the City's Engineering Services." The Committee considered the report of the Development & Technical Services Department, dated February 27, 2004, recommending approval of this application. COMMITTEE OF ADJUSTMENT 42 MARCH 9, 2004 1. Submission No.: CC 2004-001 (Cont'd) Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Ronald and Francine Johnson requesting a change of conditions of provisional consent Submission No. B 2003-052, on Lot 6, Registered Plan 128, 197 Mill Street, Kitchener, Ontario, BE GRANTED, so that only the following conditions shall apply to Submission No. B 2003-052: That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City Standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. That the existing rear additions and deck shall be removed from the existing dwelling on the retained lands to the satisfaction of the City's Manager of Design and Development. 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 March 9, 2006. Carried ADJOURNMENT On motion, the meeting adjourned at 12:10 p.m. Dated at the City of Kitchener this 9th day of March, 2004. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment