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HomeMy WebLinkAbout2017-01-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 17, 2017 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl 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 10:03 a.m. MINUTES Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the minutes of the regular meeting of the Committee of Adjustment held December 13, 2016, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2017-001 Applicants: Lindsey Mustin Property Location: 949 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Parts 11 & 17 on Reference Plan 58R-17063 - and - Submission No.: A 2017-002 Applicant: Miriam and Christopher Thompson Property Location: 951 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Parts 12 & 18 on Reference Plan 58R-17063 - and - Submission No.: A 2017-003 Applicant: Arda and Raymond Doobay Property Location: 953 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Parts 13 & 19 on Reference Plan 58R-17063 - and - Submission No.: A 2017-004 Applicant: Lindsay Day Property Location: 955 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Parts 14 & 20 on Reference Plan 58R-17063 - and - COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 2 - 1. Submission Nos.: A 2017-001 to A 2017-006 (Cont’d) Submission No.: A 2017-005 Applicant: John and Carrie Ann Heath Property Location: 957 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Part 15 on Reference Plan 58R-17063 - and - Submission No.: A 2017-006 Applicant: Leah Hilling Property Location: 959 Zeller Crescent Legal Description: Part Block 5, Registered Plan 58M-367, being Part 16 on Reference Plan 58R-17063 Appearances: In Support: M. Seiling B. Kelly Contra: None Written Submissions: None Regarding applications A 2017-001 to A 2017-004, the Committee was advised the applicants are requesting permission to legalize the required parking space located within the existing garages to have a width of 2.1m and a length of 5.49m rather than the required width of 3.04m and length of 5.49m. Regarding applications A 2017-005 and A 2017-006, the Committee was advised the applicants are requesting permission for the existing townhouse dwellings to locate the required off-street parking space in the front yard, whereas the By-law does not permit parking in the front yard; to locate the required off-street parking space 0.45m from the front lot line rather than the required 6m setback; and, to locate the required parking within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments in the DVT. The Committee considered the report of the Planning Division, dated January 6, 2017, advising the subject properties located at 949-959 Zeller Crescent are designated Low Rise Residential in the City’s Official Plan and zoned Residential Six (R-6) with special provision 327R and 231U in Zoning By-law 85-1. Each of the subject properties contains an existing street townhouse dwelling which was constructed in 2010/2011. During the initial approval process for the construction of the existing dwellings, an error by City staff resulted in each of the properties not having a legal off-street parking space in the garage or elsewhere. The purpose of these variance applications is to legalize off-street parking spaces for each of the properties. The property owners at 949, 951, 953 and 955 Zeller Crescent applied to legalize the off-street parking space in their garage, while the property owners at 957 and 959 Zeller Crescent applied to legalize the off-street parking space on their driveway. To accommodate the legalization of the off-street parking space to be located in the garage, the owners of 949, 951, 953 and 955 Zeller Crescent are requesting relief from Section 6.1.1.2 e) to legalize the size of the required parking space within a building to have a width of 2.1 metres and a length of 5.49 metres, whereas a minimum width of 3.04 metres and a minimum length of 5.49 metres is required. To accommodate the legalization of the off-street parking space to be located in the driveway, the owners of 957 and 959 Zeller Crescent are requesting relief from the following Sections: • Section 6.1.1.1 c) i) to locate the off-street parking space in the minimum front yard; and, • Section 6.1.1.1 c) ii) a) to allow the off-street parking space for a street townhouse to be located 0.45 metres from the front lot line, whereas a minimum of 6.0 metres is required; and further, • Section 5.3 to allow the off-street parking space to be located in the Driveway Visibility Triangle (DVT). COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 3 - 1. Submission Nos.: A 2017-001 to A 2017-006 (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 properties are designated Low Rise Residential in the City’s Official Plan. Each of the proposed variances meet the intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor changes will maintain the low density character of the property and surrounding neighbourhood. The proposed variances conform to the designation and it is the opinion of staff that the requested variances are appropriate. 949, 951, 953 and 955 Zeller Crescent (Garage Parking Space): The requested variance to legalize the size of the parking space in the garage having a width of 2.1 metres and a length of 5.49 metres meets the intent of the Zoning By-law. The purpose of the minimum internal parking space requirement is to ensure that vehicles have enough space to park, and that occupants of the vehicle have enough space to enter and exit the vehicle. While a reduction of 0.94 metres in the width of the required parking space would result in a narrow parking space, comments from Transportation Services have indicated that if there is not enough space to park in the garage, the driveway could be used as an alternative. This would not be the ‘legal’ space but would still be a viable option. Therefore, given that the size of the parking space in the garage is an existing condition that is unlikely to be otherwise approved, and that some vehicles should be able to park in the existing space in the garage, staff is satisfied the variance meets the intent of the Zoning By-law. Planning staff emphasize that the recommendation for approval of this variance is under unique circumstances, as this is an existing condition which occurred as a result of an error by City staff during the initial approvals process. 957 and 959 Zeller Crescent (Driveway Parking Space): To legalize the off-street parking space in the driveway, three variances were requested. The first variance is to allow the off-street parking space to be located in the minimum front yard. The purpose of not allowing the off-street parking space in the minimum front yard is to encourage the space to be located internally, and if not, to locate the parking space outside of the front yard setback to provide visual balance between the vehicle, the front lawn, and the façade of the dwelling. The second variance is to allow the off-street parking space to be located 0.45 metres from the front lot line, whereas 6.0 metres is required. The purpose of the 6.0 metre setback is to discourage parking near the front lot line and to encourage the parking space to be located internally. The third variance is to allow the off-street parking space to be located within the DVT. The purpose of not allowing obstructions in the DVT higher than 0.9 metres is to ensure that vehicles exiting driveways have sufficient visibility on both sides of their vehicle to view pedestrians on the sidewalk and vehicles on the road. Given the unique circumstances under which these variances were requested, Planning staff are satisfied that the intent of the Zoning By-law for each of the above variances is sufficiently met. Staff emphasize that the extent of the variances recommended by staff for approval should not set a precedent, as this recommendation seeks to correct a previous error made by City staff. Each of the variances can be considered minor as the parking space dimension reduction, the reduction in the minimum parking space setback from the front lot line, allowing the parking space to be located in the minimum front yard, and allowing a parking space to be located in the DVT will not present any significant impacts to adjacent properties. Furthermore, the safety of the overall neighbourhood has not been compromised. The proposed variances are appropriate for the development and use of the land. No changes are proposed to the scale, massing and height of any of the existing townhouses, therefore the legalization of off-street parking spaces 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 January 3, 2017, advising they have no concerns with this application. Mr. M. Seiling was in attendance in support of the subject applications and the staff recommendations. In response to questions, Mr. Seiling stated the issues related to the parking were not initially identified in the building inspections of the first three units prior to occupancy, and were later discovered in the final inspections of the remainder of the units. COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 4 - 1. Submission Nos.: A 2017-001 to A 2017-006 (Cont’d) Submission No.: A 2017-001 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Lindsey Mustin requesting permission to legalize the required off-street parking space located within the existing garage to have a width of 2.1m and a length of 5.49m rather than the required width of 3.04m and length of 5.49m, on Part Block 5, Registered Plan 58M-367, being Parts 11 & 17 on Reference Plan 58R-17063, 949 Zeller Crescent, Kitchener, Ontario,BE APPROVED. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-002 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Miriam and Christopher Thompson requesting permission to legalize the required off-street parking space located within the existing garage to have a width of 2.1m and a length of 5.49m rather than the required width of 3.04m and length of 5.49m, on Part Block 5, Registered Plan 58M-367, being Parts 12 & 18 on Reference Plan 58R-17063, 951 Zeller Crescent, Kitchener, Ontario, BE APPROVED. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-003 Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 5 - 1. Submission Nos.: A 2017-001 to A 2017-006 (Cont’d) That the application of Arda and Raymond Doobay requesting permission to legalize the required off-street parking space located within the existing garage to have a width of 2.1m and a length of 5.49m rather than the required width of 3.04m and length of 5.49m, on Part Block 5, Registered Plan 58M-367, being Parts 13 & 19 on Reference Plan 58R-17063, 953 Zeller Crescent, Kitchener, Ontario, BE APPROVED. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-004 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Lindsay Day requesting permission to legalize the required off-street parking space located within the existing garage to have a width of 2.1m and a length of 5.49m rather than the required width of 3.04m and length of 5.49m, on Part Block 5, Registered Plan 58M-367, being Parts 14 & 20 on Reference Plan 58R-17063, 955 Zeller Crescent, Kitchener, Ontario,BE APPROVED. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-005 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of John and Carrie Ann Heath requesting permission for an existing townhouse dwelling to locate the required off-street parking space in the minimum front yard, whereas the By-law does not permit parking in the minimum front yard; to locate the required off-street parking space 0.45m from the front lot line rather than the required 6m setback; and, to locate the required parking within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments in the DVT, on Part Block 5, Registered Plan 58M-367, being Part 15 on Reference Plan 58R-17063, 957 Zeller Crescent, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 6 - 1. Submission Nos.: A 2017-001 to A 2017-006 (Cont’d) It is the opinion of this Committee that: 1. The variances requested in this application are 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-006 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Leah Hilling requesting permission for an existing townhouse dwelling to locate the required off-street parking space in the minimum front yard, whereas the By-law does not permit parking in the minimum front yard; to locate the required off-street parking space 0.45m from the front lot line rather than the required 6m setback; and, to locate the required parking within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments in the DVT, on Part Block 5, Registered Plan 58M-367, being Part 16 on Reference Plan 58R-17063, 959 Zeller Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2017-007 Applicant: Mattamy (Westmount) Limited Property Location: 354 Seabrook Drive Legal Description: Lot 18, Registered Plan 58M-594 Appearances: In Support: B. Russell T. Schnarr Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling with an attached garage where the required off-street parking space located within the garage will be located 2.51m from the lot line rather than the required 5.7m setback. COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 7 - 2. Submission No.: A 2017-007 (Cont’d) The Committee considered the report of the Planning Division, dated January 6, 2017, advising the subject property located at 354 Seabrook Drive is zoned R-4 604R, 605R, 612R, in the Zoning By-law and designated Low Density Residential Two in the Rosenberg Secondary Plan. The subject property is an irregularly-shaped lot and located at the roundabout intersection of Seabrook Drive and Amand Drive. The site is currently vacant and is proposed to be developed with a single detached dwelling fronting both Amand Drive and Seabrook Drive. The owner is proposing to develop the single detached dwelling with an attached garage (internal parking space) located 2.51 metres from the front lot line along Amand Drive. The owner is requesting relief from Special Regulation 605R i) of the Zoning By-law to allow the off street parking space located within a building to be situated 2.51 metres from the front lot line rather than the required 5.7 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding the requested minor variance: The variance meets the intent of the Official Plan. The Low Density Residential Two Rosenberg Secondary Plan designation allows for the development of single detached dwellings, duplex dwellings, semi-detached dwellings, townhouse dwellings and low-rise multiple dwellings. The minor change to the setback of the parking space located within a building will conform to the low density character of the property and surrounding neighbourhood. The proposed variance meets the intent of the Zoning By-law. The intent of the 5.7 metre off- street parking setback is to ensure a parking space located within a building (garage) is set back behind the habitable portion of the dwelling. The proposed dwelling is located at a roundabout intersection where the irregularly-shaped lot does not allow the entire garage (internal parking space) to be setback 5.7metres from the front lot line or entirely behind the habitable portion of the dwelling. The legal parking space is setback 7.41 metres from Seabrook Drive where the driveway access is situated. Due to the irregularly-shaped lot, the dwelling does not meet the required 5.7 metre setback but does meet the intent of the By-law. The majority of the habitable portion fronting Amand Drive is located in front of the internal parking space. Staff has no objections to reducing the setback of a parking space located within a building. The variance is considered minor as it is staff’s opinion that the irregularly-shaped lot with a parking space located within a building located 2.51 metres from a front lot line rather than 5.7 metres will not present any significant impacts to adjacent properties or the overall neighbourhood. The variances are appropriate for the development and use of the lands as it is staff’s opinion that the requested variance will not impact the subject properties, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 3, 2017, advising they have no concerns with this application. The Chair requested a condition be added to indicate that the approval is substantially in accordance with the plans submitted with the application, prepared by Mattamy Homes, dated September 2016. Ms. B. Russell and Mr. T. Schnarr were in attendance in support of the subject application and the staff recommendation. Mr. Schnarr advised they had no objection to the condition proposed by the Chair. In response to questions regarding the exterior garage wall, Ms. Russel advised there are some architectural features, including windows, to improve the aesthetics of the garage wall from the streetscape. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 8 - 2. Submission No.: A 2017-007 (Cont’d) That the application of Mattamy (Westmount) Limited requesting permission to construct a single detached dwelling having an attached garage where the required off-street parking space within the attached garage will be located 2.51m from the lot line rather than the required 5.7m setback, on Lot 18, Registered Plan 58M-594, 354 Seabrook Drive, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That approval of Minor Variance application A 2017-007 is as per the plan submitted with the application, prepared by Mattamy Homes, dated September 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS: 1. Submission No.: B 2017-001 Applicant: Deer Ridge Heights Inc. Property Location: Fall Harvest Drive Legal Description: Parts 15 and 35 on Reference Plan 58R-12709 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 1.016m on Fall Harvest Drive and a depth of 41.469m to be conveyed as a lot addition to Block 13, Registered Plan 58M-86 and Block 45, Registered Plan 58M-587. The retained land will have a width on Pioneer Ridge Drive of 0.581m and a depth of 39.24m which will be consolidated with Block 12, Registered Plan 58M-89. Both lot additions will facilitate a parcel of land sufficient for residential development. The Committee considered the report of the Planning Division, dated January 9, 2017, advising the owner is proposing to sever an existing parcel, legally described as Parts 15 and 35, 58R- 12709, which currently spans from Fall Harvest Drive to Pioneer Ridge Drive, into two pieces that that will be consolidated with the adjacent blocks as lot additions. If approved, the retained and severed parcel will be consolidated with adjacent parcels to create two new lots. The future lot fronting Fall Harvest Drive will consist of lands legally addressed as Part 15, 58R-12709, Block 13, 58M-89, and Block 45, 58M-587. The future lot fronting Pioneer Ridge Drive will consist of lands legally addressed as Part 35, 58R-12709, Block 12, 58M-89, and Block 46, 58M-587. The existing through parcel is a remnant piece when Blocks 4 and 8, 58M-89 were divided into lots. As remnant portions of a block, the lands merged into one through parcel. Blocks 12 and 13 were created as whole blocks on a Plan of Subdivision (58M-89) on October 19, 1998. Blocks 45 COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 9 - 1. Submission No.: B 2017-001 (Cont’d) and 46 were created as whole blocks on a Plan of Subdivision (58M-587) on March 22, 2016. Parts 15 and 35 were shown on Reference Plan 58R-12709, but were not formally divided with a part lot process. Blocks on a registered plan will not merge into a single lot, even where Polaris Property Identification Number (PINs) are consolidated. As such, Planning staff is recommending a condition whereby the owner enters into an agreement to be registered on title of each portion of each lot, advising that no portion of each proposed lot shall be transferred without the other two associated portions. Further, pursuant to Section 50 (4) of the Planning Act, R.S.O. 1990, c. P.13, Kitchener City Council may by By-law deregister Blocks 12 and 13, 58M-89 and Blocks 45 and 46, 58M-587, on or after March 22, 2024 (8 years from the date of registration of 58M-587), in order to force the merger of all portions of the lot. Blocks 12 and 13, 58M-89 were formally used as a temporary road. As such, the existing development agreement has a condition requiring that prior to the issuance of any building permits for Blocks 12 and 13 and Blocks 45 and 46, the owner shall undertake a site assessment 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 Director of Planning. The subject properties are designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Three (R-3) with Special Regulation Provisions 230R and 260R as well as Special Use Provision 234U. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City’s Official Plan and will allow for orderly development that is compatible with the existing community. The proposed consolidated lots will meet the regulations in the Zoning By-law, including the site specific regulations in this community. The resulting lots were contemplated in the original approved subdivision application for these lands. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated January 5, 2017, advising they have no objection to this application. Mr. P. Chauvin was in attendance in support of the subject application and the staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Deer Ridge Heights Inc. requesting permission to sever a parcel of land having a width of 1.016m on Fall Harvest Drive and a depth of 41.469m to be conveyed as a lot addition to Block 13, Registered Plan 58M-86 and Block 45, Registered Plan 58M-587, on Parts 15 & 35 on Reference Plan 58R-12709, Fall Harvest Drive, Kitchener, Ontario, BE APPROVED, 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 owner shall enter into a severance agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning and Director of Engineering Services, and registered on title of Part 15, 58R-12709 (severed lands), Block 13, 58M-89, and Block 45, 58M-587. Said agreement shall include the following special condition: COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 10 - 1. Submission No.: B 2017-001 (Cont’d) a. That the owner shall agree that lands legally described as Part 15, 58R-12709, Block 13, 58M-89, or Block 45, 58M-587 shall not be transferred independently from each other. Any transfer of lands described thereto shall be inclusive of all named lands. 4. That the owner shall enter into a severance agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning and Director of Engineering Services, and registered on title of Part 35, 58R-12709 (retained lands), Block 12, 58M-89, and Block 46, 58M-587. Said agreement shall include the following special condition: a. That the owner shall agree that lands legally described as Part 35, 58R-12709, Block 12, 58M-89, and Block 46, 58M-587shall not be transferred independently from each other. Any transfer of lands described thereto shall be inclusive of all named lands. 5. That the owner shall make appropriate arrangements to the satisfaction of the City's Director of Engineering Services regarding the existing watermain for Blocks 12 and 13. 6. That the lands to be severed be added to the abutting lands (Block 13, 58M-89) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and further, That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an application to consolidate parcels for Part 15, 58R-12709, Block 13, 58M-89, and Block 45, 58M-587 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered application to consolidate parcels to the City Solicitor within a reasonable time following registration. 7. That the lands to be retained be added to the abutting lands (Block 12, 58M-89) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and further, That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an application to consolidate parcels for Part 35, 58R-12709, Block 12, 58M-89, and Block 46, 58M-587 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered application to consolidate parcels to the City Solicitor within a reasonable time following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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. COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 11 - 1. Submission No.: B 2017-001 (Cont’d) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 17, 2019. Carried 2. Submission No.: B 2017-002 Applicant: Timothy and Linda Huck Property Location: 74 Maple Hill Drive Legal Description: Lot 9 and Part Lot 10, Plan 877 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever an irregularly-shaped parcel of land having a width on Maple Hill Drive of 7.1m, an easterly depth of 29.5m and an area of 179 sq.m. to be conveyed as a lot addition to 84 Maple Hill Drive to facilitate the construction of an outdoor amenity area. The Committee considered the report of the Planning Division, dated January 9, 2017, advising the subject property, addressed as 74 Maple Hill Drive, is located on the cul-de-sac bulb at the end of Maple Hill Drive, in the Westmount Planning Community. The property is approximately 2,588 square metres in area, backs onto Westmount Golf and Country Club, and contains a single detached dwelling constructed in approximately 1989. The surrounding neighbourhood is composed of large single detached dwellings. The subject property and surrounding properties are designated Low Rise Residential in the City’s Official Plan and zoned Residential Two (R-2). The purpose of the application is to change the lot sizes and shapes of 74 and 84 Maple Hill Drive so that an existing retaining wall and outdoor amenity area that were developed in conjunction with the dwelling at 84 Maple Hill Drive, but located on the property addressed as 74 Maple Hill Drive, are made part of the property addressed as 84 Maple Hill Drive. Both of these properties slope downward from the street to the rear. The retaining wall ensures that 84 Maple Hill Drive has a level side yard amenity area by holding back the slope. To accomplish this, the applicant is requesting consent to sever an irregularly-shaped parcel along the northeast side of the subject property and convey it to the adjacent property, addressed as 84 Maple Hill Drive, as a lot addition. The severed parcel would have approximately 7.1 metres of frontage on Maple Hill Drive, an area of 179 square metres, and a depth of 29.5 metres. Both the retaining wall and amenity area were constructed with the subject property owner’s permission under a private agreement. The subject application would ensure clear title to these features. The retained parcel would maintain an acceptable lot shape and size, while the receiving parcel will benefit from a generous amenity area. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the severed and retained lands are suitable for the proposed uses, the dimensions and shapes of the resultant lots are appropriate, and the lots front onto an established public street. Planning staff is of the opinion that the proposed lot addition is appropriate and in the public interest. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated January 5, 2017, advising they have no objection to this application. Mr. S. Patterson provided a brief summary of the application, noting he was in support of the subject application and the staff recommendation. COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 12 - 2. Submission No.: B 2017-002 (Cont’d) Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Timothy and Linda Huck requesting permission to sever an irregularly- shaped parcel of land having a width on Maple Hill Drive of 7.1m, an easterly depth of 29.5m and an area of 179 sq.m. to be conveyed as a lot addition to 84 Maple Hill Drive to accommodate an outdoor amenity area, on Lot 9 and Part Lot 10, Plan 877, 74 Maple Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the lands to be severed, illustrated on the ‘Severance Sketch’ prepared by Labreche Patterson & Associates Inc., attached to the staff report dated January 9, 2017, be added to the abutting lands, municipally addressed as 84 Maple Hill Drive, and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 17, 2019. Carried COMMITTEE OF ADJUSTMENT JANUARY 17, 2017 - 13 - ADJOURNMENT On motion, the meeting adjourned at 10:13 a.m. Dated at the City of Kitchener this 17th day of January, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment