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HomeMy WebLinkAboutAdjustment - 2000-06-20COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 20,_2000 MEMBERS. PRESENT: Ms. S. Campbell and Messrs. B. Dahms and S. Kay OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. J. Willmer, Manager of Development and Design and Ms. J. Billett, Secretary -Treasurer. Ms. Dunja Bergs, Law Student, was also in attendance this date to observe the meeting. Ms. Bergs is currently visiting from Germany on a summer work term with the law firm of Sims Clement Eastman in Kitchener. Mr. B. Dahms, Chair, called this meeting to order at 9:30 a.m. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the minutes of the regular meeting of the Committee of Adjustment of May 30, 2000, as mailed to the members, be accepted. Carried Mr. S. Kay declared a pecuniary interest in Submission No. B 2000-038 considered by the Committee of Adjustment on May 30, 2000 in his absence, as his law firm has acted on behalf of the applicants. 014 UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2000-035 Applicant: Fran & Walter Filipitsch Property Location: 254G Woolwich Street North Legal Description: Part Lot 125, German Company Tract, designated as Part 2 on Reference Plan 58R-119, rear land with R.O.W. Appearances: In Support: Mr. & Mrs. W. Filipitsch 215 Roxton Drive Waterloo ON N2T 1 N7 Mr. B. Turnbull 28 Dorset Street Box 575 Waterloo ON N2J 4138 Mr. M. Van Dongen 64 Walnut Drive Guelph ON N1E 4B5 Contra: None COMMITTEE OF ADJUSTMENT 249 1. JUNE 20, 2000 Submission No.: A 2000-035(Cont'd) Written Submissions: In Support: None Contra: None This application was originally considered at the Committee of Adjustment meeting held on May 30, 2000, at which time the application was deferred to allow an opportunity for further discussion to take place with the Grand River Conservation Authority regarding the Authority's concerns with respect to a geotechnical investigation of the subject property. The Committee was previously advised that the existing residential dwelling located on the subject property is a legal non -conforming use as the lot has no frontage on a public street. The applicant is requesting permission to expand the legal non -conforming use by adding a basement and by additions to the main floor and the second storey loft, increasing the building floor area by approximately 22.38 m2 (241 sq. ft.) or 12.5%. The Committee noted previous comments dated May 25, 2000 of the Department of Business & Planning Services, as documented in the minutes of the Committee's meeting held on May 30, 2000, in which Planning staff recommend refusal of the application. No further comments were forthcoming from the Department of Business & Planning Services. The Committee noted previous comments dated May 18, 2000 from the Director of Building in which he advised that a building permit is required for renovation and the new basement for the existing house; the wall located less than 4 ft. to the property line shall have no opening; and the basement is not permitted unless a permit is given by the GRCA if the building is within the regulatory flood line. No further comments were forthcoming from the Director of Building.�� The Committee noted previous comments dated May 24, 2000 of the Planning & Culture Department, Region of Waterloo, in which they advised that they had no concerns with this application. No further comments were forthcoming from the Planning & Culture Department, Region of Waterloo. The Committee noted previous comments dated May 25, 1999, from the Grand River Conservation Authority, as documented in the minutes of the Committee's meeting held on May 30, 2000, in which they requested deferral of the application. The Committee also noted revised comments dated June 19, 2000 from the Grand River Conservation Authority in which they advised that further to our comments dated May 25, 2000, please be advised that Naylor Engineering Associates Ltd. has submitted an addendum to the geotechnical investigation (dated June 15, 2000). The addendum outlines the current application to add a basement and an addition at 254G Woolwich Street. We understand that the existing house is located 10 metres from the top of the Grand River bank, and the addition will be approximately 10 metres from the top of the bank. The geotechnical engineer states that the house addition will not have a negative impact on slope stability. Please be advised we will accept the advice of the geotechnical engineer. The recommendations of the geotechnical report (dated April 2000 -pages 6 and 7) should be considered prior to construction. Please note that there should be no fill placement at the crest of the slope or over the face of the existing slope. Furthermore, we have received a satisfactory site plan application and have received confirmation that the existing septic system will be utilized. As our previous concerns have been addressed, we have no further objection to the approval of the minor application conditional upon: The submission and approval of a Lot Grading Plan, indicating existing and proposed grades prior to construction. 0)) COMMITTEE OF ADJUSTMENT 250 JUNE 20, 2000 1, Submission No.: A 2000-035 Con_fd l ° 2. if required, the applicant obtain a permit pursuant to Ontario Regulation 149 as amended by 69193, 66914and Scheduled Area, trio Go construction iverConservation Authority for works within the Grand River Mr. B. Turnbull advised that he appreciated the efforts of Planning astaff i in working of the pwith roposed parties to the application. He noted that Mr. Van Dongen, potent renovations had also been working with the Grand River Conservation Authority and requested Mr. Van Dongen to update the Committee in this regard. the Mr. Van Dongen advised ow edict an their amended oncemsrhave been addressed, Accordingly, rt had been prepared and eMr.oVan GRCA, who have application. Dongen requested the Committee's favourable consideration of the Ms. S. Campbell pointed out that the GRCA is requesting that approval of the application be subject to 2 conditions. Mr. Van Dongen advised that the applicant has no difficulty with these conditions and was prepared to comply. The Chair enquired if staff had anything further to add and Mr. Willmer responded that cation ion the there arearo of grounds gated tooutlined recommend endreport refusal because cons id onms tcef relating to the staff feel they are e, The perpetuation of the existing legal non -conforming oyal of the Chair toneas development with, staffs comments, he was prepared to support appr the area appears imminent and several other similar applications have been previously dealt with and approved. Moved by Ms. S. Campbell seconded by Mr. B. Dahms That the application of Fran & Walter Filipitsch requesting permission to expand the legal non- conforming use by adding a basement and oximditions to the main floor and 22.38 m (241 sq ft.) for 12 5%,he don Pa storeY lLot increasing the building floor areaa by by approximately 125, German Company hr StreetsNorth,ct das Part Kitchenerr,on , Ontario, ence Plan 5BR-1 1, rear land BE APPROVED, subject ov R.O.W., 254G Woothe following conditions: obtain a 1. That the owner shallbasementbasement for to commencing renovations and he existing house construction of the ne 2. That the wall to be located less than 1.2 m (4 ft.) to the property line shall have no opening. the 3. That if the building istois given within the Grani regulatory Consne, the basement shall not be Conservation Authority. permitted ante apermit 4. That the owner shall submit to, and receive approval of, the Grand River Conservation Authority, a Lot Grading Plan indicating existing and proposed grades prior to construction. t pursuant to Ontario tion 5. That, if69193, ,669/94 andll142/98, from hbtain a ie Grand River Conservation Authori amendedd by Authority for by works within the Grand River Scheduled Area, prior to construction. It is the opinion of this Committee that: 1, The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. (�. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan \\` are being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 251 CONSENT JUNE 20, 2000 1. Submission Nos: B 2000-036 & B 2000-037 Applicant: Polatsek & Weiland Holdings Limited Property Location: 30, 40, 50 and 60 Alpine Court Legal Description: Part of Lot 6, Registered Plan 1022, Part of Lots 3 and 4, Registered Plan 1023, designated as Part 1 on Reference Plan 5BR-5369 and Parts 2 & 3 on Reference Plan 58R-2570 and Parts 4, 5 and 6 on Reference Plan 58R-1380 Appearances: In Support: None Contra: None Written Submissions: In Support: None Contra: None As no one was in attendance to support these applications, the Committee agreed to delay its consideration of the applications to later in the meeting. CONSENT & MINOR VARIANCE 1. Submission Nos.: B 2000-039 & A 2000-036 Applicant: Thayer Developments Property Location: 80 Westmeadow Drive Legal Description: Part of Block 1, Registered Plan 58M-118, designated as Parts 47, 48, 49, 50 and 93 on Reference Plan 58R-11976 The Chair advised that the Committee was in receipt of a letter dated June 19, 2000 from Mr. K. Hillis, Black, Shoemaker, Robinson & Donaldson Limited, requesting deferral of this application. By general consent, the Committee agreed to defer this application to the Committee of Adjustment meeting to be held on July 18, 2000. The Committee then recessed the meeting temporarily, at 9:40 a.m., to allow an opportunity for all parties to applications listed for consideration on the Committee's 10:00 a.m, agenda to arrive. This meeting reconvened at 10:00 a.m. APPLICATIONS MINOR VARIANCE 1. Submission No.: A 2000-037 Applicant: Sergio Silveira Property Location: 41 Barclay Avenue Legal Description; Part of Lots 302 & 306 Registered Plan 230 Appearances: In Support: Mr. S. Silveira 41 Barclay Avenue Kitchener ON N2M 4B2 Contra: None COMMITTEE OF ADJUSTMENT 252 JUNE 20, 2000 / 1. Submission No.: A 2000-037(Cont'd Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission for the following variances: legalization of an existing rear addition having a sideyard setback of 0.79 m (2.6 ft.), rather than the required 1.2 m (4 ft.) and a rearyard setback of 4.29 m (14.1 ft.), rather than the required 7.5 (24.6 ft.). legalization of an existing frame shed having a sideyard setback of 0.42 m (1.4 ft.), rather than the required 0.62 m (2 ft.) and a rearyard setback of 0.51 m (1.7 ft.), rather than the required 1.2 m (4 ft.); and, legalization of an existing covered front porch having a sideyard setback of 0.61 m (2 ft.), rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Business and Planning Services in which they advised that the subject property is located on the westerly side of Barclay Avenue between Queen's Boulevard and Glen Road and contains a one and half storey single detached dwelling which was constructed in approximately 1950. A detached frame shed and vinyl sided addition were constructed at the rear of the subject property in 1997 and a front porch was added in 1998. The applicant requires the minor variances as outlined above in order to bring the deficient r! setbacks of the shed, addition, and front porch into compliance with Zoning By-law 85-1. 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, staff offers the following comments. The vinyl -sided addition and front porch do not protrude further into the northerly interior side yard than the portion of the dwelling that was constructed in 1950. As the established setback is maintained, the deficiencies in the setback of the addition and porch from the northerly side lot would not appear to adversely impact the abutting property to the north. The extension of the front porch up to the northerly exterior wall of the dwelling is desirable as it has allowed the applicant to provide a desirable architectural feature and enhanced the appearance of the dwelling from the street. Also, the construction of the addition has provided the applicant with needed usable living space. The rear yard of the frame shed and the rear yard of the vinyl sided addition abut the open rear yard of the neighbouring property to the west. Also, although the vinyl sided addition encroaches into the required rear yard setback, a sufficiently sized rear yard amenity area is still provided at the rear of the dwelling. The deficiency in the side yard setback of the frame shed of 0.18 m (0.59 ft.) is not discernible and its location relative to the southerly lot line allows it to be easily accessed via the existing driveway at the side of the dwelling. The reduced rear yard setback of the frame shed allows the rear yard amenity area to be maximized and provides an ample clearance between the front of the frame shed and the rear corner of the dwelling and access to the rear yard. As the effects of the variances will be minor, the general intent of the Zoning By-law and Municipal Plan will be maintained. Accordingly, the Department of Business and Planning Services recommends approval of the variances to bring the location of the vinyl sided addition, the frame shed, and the front porch '' into compliance with Zoning By-law 85-1. COMMITTEE OF ADJUSTMENT 253 JUNE 20, 2000 I. 2. Submission No.: A 2000-037 Cont'd �1 The Department of Business and Planning Services recommends that minor variance application A 2000-037, be approved. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit, The Committee noted the comments of the Grand River Conservation Authority in which they advised they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Mr. Silveira had anything further to add. Mr. S. Silveira advised that he had reviewed the staff reports and had nothing further to add. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Sergio Silveira requesting permission to legalize an existing covered front porch having a sideyard setback of 0.61 m (2 ft.), rather than the required 1.2 m (4 ft.); to legalize an existing rear addition having a sideyard setback of 0.79 m (2.6 ft.), rather than the required 1.2 ,\ m (4 ft.) and a rearyard setback of 4.29 m (14.1 ft.), rather than the required 7.5 m (24.6 ft.); and } to legalize an existing frame shed having a sideyard setback of 0.42 m (1.4 ft.), rather than the required 0.6 m (1.97 ft.) and a rearyard setback of 0.51 m (1.7 ft.), rather than the required 1.2 m (4 ft.), on Part of Lots 302 and 306, Registered Plan 230. 41 Barclay 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 Pian are being maintained on the subject property. Carried Submission No.: A 2000-038 Applicant: Harold & Marion Dyer Property Location: Legal Description: 113 Bankside Drive Part Block 37, Plan 1727, designated as Parts 7 & 23 on Reference Plan 58R-9995 Appearances: In Support: Mr. & Mrs. H. Dyer 113 Bankside Drive Kitchener ON N2N 3G1 Contra: None COMMITTEE OF ADJUSTMENT 254 JUNE 20, 2000 2. Submission No.: A 2000-038 Cont'd Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a 3 season room to the rear of the existing dwelling by closing in the existing deck, having a rearyard setback of 6.4 m (21 ft.), rather than the required 7.62 m (25 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is the end unit of a block of street townhouse dwellings located on Bankside Drive. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned Residential Six Zone (R-6) according to Zoning By-law 85-1. The applicants are proposing to enclose an existing 3.05 m x 3.05 m deck at the rear of the dwelling as a three -season sunroom. The R-6 zone requires a minimum rear yard of 7.5 metres whereas only 6.4 metres would be provided. Accordingly, the applicant has requested a minor variance to reduce the minimum rear yard requirement from the required 7.5 metres to 6.4 metres. The variance can be considered to be minor in nature as it will not greatly impact on abutting properties and would be located on the end side of the townhouse block, rather than immediately adjacent to the abutting unit and would not extend the full width of the dwelling. There is no development to the rear of the property and the remaining rear yard is still sufficient for most activities. Further, the dwelling will continue to be within the maximum 40% lot coverage. As which, the proposed variance would be considered to be appropriate to the subject lands and Rtwould maintain the general intent of the Municipal Plan and Zoning By-law. The Department of Business and Planning Services recommends approval of Submission A 2000-038. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for construction of the new sunroom. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to a building permit being obtained for construction of the new sunroom. The Chair enquired if Mr. & Mrs. Dyer had anything further to add and they responded that they did not. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Harold & Marion Dyer requesting permission to construct a 3 season sunroom to the rear of the existing dwelling by closing in the existing deck, having a rearyard setback of 6,4 m (21 ft.), rather than the required 7.5 m (24.6 ft.), on Part Block 37, Plan 1727, designated as Parts 7 & 23 on Reference Plan 58R-9995, 113 Bankside Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 255 2. Submission No.. A 2000-038 Cont'd JUNE 20, 2000 1. That the owner shall obtain a building permit prior to construction of the new sunroom. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan are being maintained on the subject property. Carried 3. Submission No.: A 2000-039 Applicant: Kerry Johnston Property Location,. 2444 Guelph Street Le al Descri tion: Part of Lot l] Registered Plan 386 Appearances: In Support: Mr. T. Cinkant 217 St. Leger Street Kitchener ON N2H 4M4 Contra'. None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a sunroom onto the rear of the existing dwelling having a rearyard setback of 4.87 m (16 ft.), rather than the required 7.5 m (24.6 ft.). The Committee noted the comments of the Business and Planning Services Department in which they advised the subject property is located on the north side of Guelph Street, east of Waterloo Street, west of Weber Street and directly adjacent to the Waterloo St. Jacob's Railway Company track. A one -storey bungalow home is located on the property. The house has a rear yard setback of 28.03 feet in the east rear corner and 30.72 feet in the west rear comer. The applicant wishes to construct a 27 square metre (288 square feet) addition in the rear yard. Application for minor variance is necessary to reduce the minimum rear yard setback requirement from 7.5 metres (24.6 feet) to 4.87 metres (16 feet) to permit the construction of the sunroom addition. The adjacent properties would not be negatively impacted by the proposed addition. A hedge of approximately 1.2 m (4 ft.) in height, separates the applicant's east property line from the Waterloo St. Jacob's Railway Company track to the east. To the west, another single family dwelling exists with a concrete driveway encroaching 1.37 m (4.49 feet) over the property line. The driveway leads to a detached garage on the neighbour's property, with a side yard setback of approximately 1.1 feet. The applicant's rear yard is sheltered from view by this westerly neighbour's detached rear yard garage. On both sides of the lot, the addition respects the side yard. The rear yard of the subject land abuts the rear lot line of a property fronting on Waterloo Street. This property has a rear yard of approximately 24 meters (80 feet), therefore, a sunroom in the applicant's rear yard would have little affect on the residents of this property. The proposed addition can be considered minor in nature since the addition would not be easily visible to any adjacent neighbours and would, therefore, not infringe on the ability of these neighbours to enjoy their own properties. COMMITTEE OF ADJUSTMENT 256 JUNE 20, 2000 3. Submission No.: A 2000-039(Cont'd) The design of the addition supports the argument that the application is minor in nature and supports the intent of the by-law. The reduced rear yard is required only for a portion of the yard and the 4.87 m yard is the minimum required for only part of the rear yard, due to the deck design, leaving sufficient outdoor amenity space for the dwelling. The reversed "L" shaped structure with the wing extending in a northeasterly direction towards the railway tracks would minimize the impact on the property owner to the west since the proposed structure would be oriented towards the east property line. Without the need for a minor variance, the applicant would be permitted to construct an addition of approximately 1.2 m (4 feet) in width and maintain the required minimum rear yard setbacks described in the Zoning By-law for the R-6 Zone. However, a 1.2 m (4 feet) addition would result in a 3.3 m2 (36 square feet) room that would not be sufficient size for the desired sunroom. The proposed addition of 27 mz (288 square feet) provides a more useable space and is desirable for the use of the land. Staff is of the opinion that the application maintains the general intent of the Zoning By-law and Municipal Plan. Accordingly, the Department of Business and Planning Services recommends approval of a variance to permit the applicant to construct a sunroom addition at the rear of the house. The Department of Business and Planning Services recommends that minor variance application A 2000-039 be approved, to permit a rear yard addition with a reduction of the minimum rear yard requirement from 7.5 metres (24.6 feet) to 4.87m (16 feet) generally in accordance with the plan attached to this application. The Committee noted the comments of the Director of Building in which he advised that a building r permit is required for construction of the new sunroom. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to a building permit being obtained prior to construction of the new sunroom. The Chair enquired if Mr. Cinkant had anything further to add and Mr. T. Cinkant responded that he would like clarification of the Region's comments wherein they suggest there may be a fee for Regional Development Charges with respect to this application prior to issuance of a building permit. Ms. J. Given advised that Regional Development Charges only apply to new construction and, accordingly, would not be applicable to this application; however, the standard fee for a building permit would apply. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Kerry Johnston requesting permission to construct a sunroom addition onto the rear of the existing dwelling having a rearyard setback of 4.87 m (16 ft.), rather than the required 7.5 m (24.6 ft.), on Part of Lot D, Registered Plan 386, 244 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 04 1. That the owner shall obtain a building permit prior to construction of the new sunroom. COMMITTEE OF ADJUSTMENT 257 3. JUNE 20, 2000 Submission No.: A 2000-039 Cont'd 2. That the variance as approved in this application shall be generally in accordance with the plan submitted with Minor Variance Application, Submission No. A 2000-037. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan are being maintained on the subject property. Carried CONSENT Submission No.: B 2000-040 Applicant: Ingeborg Huber Property Location: 8 & 10 Carnaby Crescent Legal Description: Lot 34, Registered Plan 1216, designated as Parts 1 to 4 inclusive on Reference Plan 58R-12142 Appearances: In Support: Ms. 1. Huber 227 Roxton Drive Waterloo ON N2T 1N7 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to divide the subject lands by severing a parcel of land and retaining a parcel of land having an area of 0.43 ha (0.106 ac), with each parcel containing half of an existing semi-detached dwelling. The lands to be severed will have frontage on Carnaby Crescent of 10.53 m (34.55 ft.), by a depth of 36.4 m (119.47 ft.) and an area of 0.034 ha (0.082 ac). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject lands presently contain a semi-detached dwelling, more specifically 8 and 10 Carnaby Crescent. The owner proposes to sever No. 8 Carnaby Crescent, creating two separate parcels. The building on the property was constructed in 1968, and was constructed as a semi-detached dwelling. It appears to be used as two separate dwellings at present. Surrounding land uses on Carnaby Crescent include a mixture of single, semi-detached, and triplex dwellings. The immediate neighbouring land uses include another semi-detached dwelling immediately north of the subject property. Parking for the severed lands is provided between the dwelling and the southerly lot line, and parking for the dwelling to be retained is provided in an attached garage on the north side of the dwelling. The property is subject to an easement in favour of the City and Bell Canada and described as Parts 3 and 4, Plan 58R- 12142. The easement is located along the north and west limits of the prop". J���] 04 (01 COMMITTEE OF ADJUSTMENT 258 Submission No.: B 2000-040 Con— JUNE 20, 2000 The subject lands are designated Low Rise Residential in the Municipal Plan. This designation permits a full range of housing types and encourages the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed severance of this dwelling into two separate parcels complies with this policy. in addition, the proposed lot sizes comply with the minimum requirements of the R4 zone for a semi-detached dwelling. All other regulations pertaining to a semi-detached dwelling as required by this zone are satisfied. It would also appear that the dwelling has been used as two units for some time, possibly ince its construction in 1968. The severance of the dwelling into two separate parcels enables each unit to be conveyed separately. The Department of Business and Planning Services recommends approval of Submission B 2000-040 subject to the following condition: 1, That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building in which he advised that the applicant must ensure that a 1 hour fire separation party wall extends from the basement through to the underside of the roof deck at the new property line. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and there may be a Regional fee assessed for development agreements, if required. The Committee noted the eobjection comment ton os oncer coand ncerns h resver Conservation pect t to this applicatiuonority in which they advised that they haven l The Committee f this application be subject t the follow ngdconditionro in �ch they advised that they request approval 1. That the Applicant make satisfactory arrangements with Kitchener -Wilmot Hydro for the adjustments to the electrical servicing to the lands to be severed before the severances are granted. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to certain conditions. The Chair enquired if Ms. Huber had anything further to add and Ms. Huber responded that she did not. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Ingeborg Huber requesting permission to convey a parcel of land containing half of an existing semi-detached dwelling and having frontage on Carnaby Crescent of 10.53 m (34.55 ft.), by a depth of 36.4 m (119.47 ft.) and an area of 0.034 ha (0.82 ac), on Lot 34, Registered Plan 1216, designated as Parts 1, 2, 3 & 4 inclusive on Reference Plan 58R- 12142, 8 & 10 Camaby Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1, That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall ensure a 1 hour fire separation party wall extends from the basement through to the underside of the roof deck at the new property line to the satisfaction of the Director of Building. COMMITTEE OF ADJUSTMENT 259 JUNE 20, 2000 Submission No.: B 2000-040 Confd 3 That the adjustments tortheall make electrical servicinglto the lands to be severedarrangements with ener-Wilmot Hydra for the 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 June 20, 2002. 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. Carried 2.a) Submission Nos: Pola0tsek & Weil A 2000-037 pplicantand Holdings Limited : Property Location: 30, 40, 50 and 60 Alpine Court Legal Description: Part of Lot 6, Registered Plan 1022, Part of Lots 3 and 4, Registered Plan 1023, on Reference Plan 58R-5369 and Parts & 3don' 1 Reference Plan58R 2570 and Parts 4, 5 and 6 on Reference Plan 58R-1380 b) Submission No.: B 2000-041 Applicant: Polatsek & Weiland Holdings Limited and John Weiland Holdings Ltd. Property Location: 50 & 60 Alpine Court Legal Description: Part of Lot 4, Registered Plan 1023 and Part of Lot 6, Registered Plan 1022 Appearances: In Support: Mr. K. Hanbidge Shortt, Hanbidge, Snider, Richardson & Welch 7 Union Street East Box 550 Waterloo ON N2J 4B8 Mr. R. Grant Barrister & Solicitor 55 King Street West, Suite 1003 Kitchener ON N2G 4W1 Contra: None Written Submissions: 0 in Support: None Contra: None }� (f 4 COMMITTEE OF ADJUSTMENT 260 JUNE 20, 2000 2, Submission Now. B 2000-036 B 2000-037 & B 2000-041 Gont'd ered Consent Applications, Submission Nos. B 2000-036 and B 2000-037 werelpa wonss econsire detlerred at the Committee's meeting held on May 30, 2000 at which time these app to allow further discussion to take place with the Region of Waterloo regarding the Region's concerns relative to a Record of Site Condition. reviously cant -Is With respect rConset issionnt Bd 2000-036, de he subject ands into a2 plots, Bot advised lots will have access requesting s from 40 t and Alpine Court and contain existing warehousing and storage uses. The retained lands (30 & Alpine Court) edl landshave(50rontage of 5`1.51 m & 60 Alpine Court) will have frontage of 38.1 m (125 ft.) and an arsq. a ft.). The severre ( of 4,529 m2 (48,751.34 sq. ft.). With respect to Consent B 2000-037, the Committee was previously advised that the applicant is subect lands into twohJand storage s. utsesB Theoret nledalands (40 Alpi requesting permission to existing wit eousing ne Alpine Court and Court) will hav he 30 Al pine Court) will havefrontage of 21.15 m (69.39 ft.) and a (14,456.4 area of 1,379 mz frontae of 18-28 m severed lands ( p (14,$43.91 sq. ft.). 36 and B With respect to Consents the Department of Bus anoted previous comments ess & Planning Services sdocume t n d the dated May 16, 2000 at they minutes of the Committee's meeting licatio s sub act o certain Iconditions.they No furtheradvised ca support approval of both of these applications 1 were forthcoming from the Department of Business & Planning Services with respect to Consents B 2000-036 and B 2000-037. The Committee noted previous comments dated May 18, 2000 with respect to Consents B 2000- ng Division has 036 & B erns o37 from the comments Director respectlto gthesewhich appl'ica ions. advised that No further comments were no concerns or co applications. forthcoming from the Director of Building with respect to these app The Committee noted previous comments dated May 25, 2000 with respect to Consents B 2000- and B 2000-m3nutesof the Committees meti g held on May 30, 2000. tleDo f Waterloo, as documented Committee documented in the also noted commathe datede aerated their comments of May 25, rom the Planning 000. Culture Department, Region o Waterloo, in which y 0 from The Committee noted previous iver h they advisedthatthey yha a no 25, Oobject on for concerns Grand Rwith Conservation Authority respect to the B 2000-036 and 8 O -037. No further comments were forthcoming from the GRCA with respect to these applications. ittee was advised that the applicant is requesting With respect to Consent B 2000-041, the Comm permission to divide the subject lands by severing fl parcel ofland will a frontage on Alpine Court and retaining a having an area of 7,623.2 m (82,056.12 sq. ft.). parcels wil and contain general industrial uses. The lands to be severedl have ve frontage 132,4 of 5.) 4Te (84.8 ft.), by a depth of 118.87 m (389.99 ft.) and an area of 6,050th applicant is also requesting e pe h othep for the purpose of haredoth the retained rmissin for rights-of-WaY over acce s andan easemen toveer severed lands in favour the retained lands in favour of the severed lands for stormwater purposes. B 2000-041 artment of The Committee noted the e comments in twhih theyect to adv sed thattt e properties (alre tDhe subject of Business &Planning Sr Consent application 62000-036 which proposes to sever 50 & 60 Alpine Court from 30 and 4 ne Court. The Alpine Court. Two industrial to buildings ate independently owned parcels together with l rights -of -ways application seeks app ase of the application is to over each for access and an easement for storm servicing. The pure facilitate the sale of 50 Alpine Court to the Waterloo Region Foodbank for a warehouse. COMMITTEE OF ADJUSTMENT 269 2. Submission Nos: B. 2000-036 B 2000-037 & B 2000-041 Cont'd JUNE 20, 2000 21 While the buildings have been developed on one lot, each proposed lot complies with the M-2 zoning provisions once severed. It is noted that the parking for the severed lands has not been demarcated on the site in accordance with the site plan agreement, which should be remedied prior to occupancy of the building to ensure sufficient, properly arranged parking is available for the future use. lot to The key issue in considering the severance and aateris e as�conne conneicing of ctions oltcatedpsot as mo afford unicipal services and access. The sanitary,g approval for the independent connections after the severance. The application requests app each lot over half of the driveway in favour of the other. This establishment of a right -of- way on provides suitable vehicular access for each lot. The stormwater for the entire site is managed on a portion of the retained lands, which would require that an easement be granted over these lands in favour of the severed lands for this purpose. The attached plan shows the area required for this easement. Within this area, the storm sewer outlet for the severed lands is also located, so that the same easement area will be required for both storm facilities and stormwater management. As the consent application will simply facilitate separate title to each building and suing land, provided the requisite rights-of-way and easements are established, the application supported. The Department of Business and Planning Services recommends approval of Submission B 2000-041 to create a new lot, establish a right-of-way for access over each lot and establish an easement over the retained lands in favour of the severed lands for storm and stormwater management be approved subject to the following conditions: 1. That all documents creating the easements be prepared to the satisfaction of the City Solicitor. 2. That the owners of 50 and 60 Alpine Court enter into an agreement, to be approved by the City Solicitor, which will provide for the joint maintenance of the rights-of-way for access and easements for storm and stormwater management and that the easements and rights-of-way are maintained in perpetuity. rm 3. That a draft reference riglan ht -of -way for proposed approved byfor theoCity's and Manageratof management ghof--way foraccess Engineering Development. 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 5 That the deed for Consent application B2000-036 be endorsed. The Committee noted the comments with respect to Consent B 2000-041 of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this application. The Committee noted the comments with respect to Consent B 2000-041 of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed thnufalctu iln n and the subject uses. As such, the elands is a moadjacent d atettolands high pots t al that the ubjectindustrial la ds have manufacturing been impacted. As the approval authority for this application, the Committee of Adjustment is responsible for ensuring that the proposed lot complies with the Health and Safety provisions under the Planning Act. Considering the health concerns associated with the adjacent industrial and manufacturing uses, Regional staff recommend that the Committee of Adjustment's approval of the application be subject to: w COMMITTEE OF ADJUSTMENT 262 JUNE 20, 2404 2. Submission Nos- B 2000-036 B 2000-037 & B 2000-041 Cont'd f r/ i} the completion of a Record of Site Condition for the lands subject to the application 4' r acknowledged by the Ministry of the Environment; or ii) the submission of a remedial work plan certified by the consultant and the Ministry of the the owner (as reviewed and approved by Regional staff and/or, where appropriate. Environment), which demonstrates that the site can be appropriately remediated to permit the proposed use, with the stamping of the deed subject to the completion of the Record of Site Condition (acknowledged by the Ministry of the Environment). ion of If the committeee,ith thecides to CommittCommittee, not the Regose this ion,nent, it should be imposed as a responsible for its release. No furtherltaction will Committee, with taken the Resa plwere future decision decision specifically indicates that our comments on considered during the makng process. The vised that any development on the Region further Development Charge By-law 99-038, or ubject lands is subject to the provisions of the Regional Q pany successor thereof and there may be a Regional fee assessed for development agreements, if required. 00-041 iver The Committee noted the wcomments h ch theywith respect to advised that theysent have B o0object on forthe con ernsGrand Rwith Conservation Authority respect to this application. mot Hydro in The Committee noted the comments with oval ct. of the 2000-041 applicato n beof subject ilsubject ohe following which they advised that they request app conditions: 1. That the Applicant make satisfactory arrangements with Kitchener -Wilmot Hydro for the provision of electrical servicing to the lands to be severed before the severances are granted. 2. That the Applicant make arrangements for the granting of any easements required by N104 Kitchener -Wilmot Hydro before the severances are granted. Mr. K. Hanbidge advised that he was acting as Solicitor for the applicant of Consents B 2000-036 and B 2000-037s vRecord by the Committee allow discussion to take place with the Region respectingpreviously a of Site Condition. Mr. Hanbidge advised that discussions have taken place with the Region and the applicant is now prepared to accept the conditions proposed by the Region with respect to the Record of Site Condition. Mr. S. Grant advised that he was the Solicitor acting on behalf of the applicant of Consent B 2000-041 and advised that he had reviewed the staff comments and was in agreement with the recommendations proposed. In response to questioning, Mr. Hanbidge and Mr. Grant reviewed the proposed rop st sever with the s in relation to the parts outlined on the plans submitted with the app required right-of-ways and easements for Consent B 2000-041. Ms. S. Campbell enquired if the applicants were prepared to accept the Regional conditions to d to apply ton all 3 consents Kitchener Wilmot Hydro and Mr. Grant advised that he was a n agreementwi h the conditions of K these conditions. COMMITTEE OF ADJUSTMENT 263 JUNE 20, 2000 2. Submission Nos: B 2000-036 B 2000-037 & B 2000-041 Cont'd Consent B 2004-036 Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Polatsek & Weiland Holdings Limited requesting permission to convey a parcel of land having frontage on Alpine Court of 38.1 m (125 ft.), by a depth of 118.87 m (389.99 ft.) and an area of 4,529 m2 (48,751.34 sq. ft.), on Part of Lot 6, Registered Plan 1022, Part of Lots 3 & 4, Registered Plan 1023, designated as Part 1 on Reference Plan 58R-5369 and Parts 2 & 3 on Reference Plan 58R-2570 and Parts 4, 5 & 6 on Reference Plan 58R-1380, 30, 40, 50 & 60 Alpine Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements hnprof Kitchener chafor the payment of any outstandingmunicipal property s and/or local imp2. That the owner shall complete one of the foilowing to the satisfaction of the City's Principal Planner, namely: i) completion of a Record of Site Condition for the lands subject to the application acknowledged by the Ministry of the Environment; or, ii) submission of a remedial work plan certified by the consultant nd the owner (as the Ministry of reviewed and approved by Regional staff and/or, where appropriate,trem Ministry f the Environment) which demonstrates that the site can be appropriately on of the Recorto ermit thproposed use, with the stamping of t d of Site Condition acknowledged byhe Ministry of thhe deed subject e Envi o mthe lent. 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. �7 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 June 20, 2002. 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. Carried Consent B 2000137 Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Polatsek & Weiland Holdings Limited requesting permission to convey a 65.22 m parcel of land having frontag39Alpine{14 843.91 sq. ft.}� o Pa6rt ofL otft.)6bReg stered Plan 1022, (213.97 ft.) and an area of 1,7 Part of Lots 3 & 4, Registered Plan 1023, designated as Part 1 on Reference Plan 58R-5369 and 40, 50 & 60 Alpineerence Kiittchener, Ontario, BE GRANTED, ubject torence th olllowinglan 8 conditions: 40, p COMMITTEE OF ADJUSTMENT 264 JUNE 20, 2000 2. Submission Nos: B 2000-036. B 2000-037 & B 2000-041(Cont� 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 deed for Consent Application, Submission No. B 2000-036, shall be endorsed. 3. That the owner shall complete one of the following to the satisfaction of the City's Principal Planner, namely: i) completion of a Record of Site Condition for the lands subject to the application acknowledged by the Ministry of the Environment; or, ii) submission of a remedial work plan certified by the consultant and the owner (as reviewed and approved by Regional staff and/or, where appropriate, the Ministry of the Environment) which demonstrates that the site can be appropriately remediated to permit the proposed use, with the stamping of the deed subject to the completion of the Record of Site Condition acknowledged by the Ministry of the Environment. 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 June 20, 2002. 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, Carried Consent B 2000-041 Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Polatsek & Weiland Holdings Limited and John Weiland Holdings Ltd. requesting permission to convey a parcel of land having frontage on Alpine Court of 25.848 m (84.8 ft.), by a depth of 118.87 m (389.99 ft.) and an area of 6,050.8 mz (65,132.4 sq. ft.); and to grant right-of-ways for access over both the lands to be retained and the lands to be severed in favour of each other; and to grant an easement for storm and stormwater management over the lands to be retained (Parcel 1) in favour of the lands to be severed (Parcel 2); on Part of Lot 4, Registered Plan 1023 and Part of Lot 6, Registered Plan 1022, 50 & 60 Alpine Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That all documents creating the easements shall be prepared to the satisfaction of the City Solicitor. 2. That the owners of 50 & 60 Alpine Court shall enter into an agreement to be approved by the City Solicitor, which will provide for the joint maintenance of the right-of-ways for access and easements for storm and stormwater management and that the easements 0_0 and right-of-ways are maintained in perpetuity. COMMITTEE OF ADJUSTMENT 4 3. 265 Submission Nos: B 2000-036 B 2000-037 & B 2000-041 Conld JUNE 20, 2000 3. That a draft reference plan showing the proposed easement ed b r storm City's Manageroter of management and right-of-ways for access shall be app Y tY' Engineering Development. 4. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes andlor local improvement charges. 5. That the deed for Consent Application, Submission No, B 2000-036, shall be endorsed. 6. That the owner shall complete one of the following to the satisfaction of the City's Principal Planner, namely: i) completion of a Record of Site Condition for the lands subject to the application acknowledged by the Ministry of the Environment; or, ii) submission of a remedial work plan certified by the consultant and the owner (as reviewed and approved by Regional staff and/or, where appropriate, the Ministry of the Environment) which demonstrates that the site can be appropriately remediated to permit the proposed use, with the stamping of the deed subject to the completion of the Record of Site Condition acknowledged by the Ministry of the Environment. 7. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydra for the provision of electrical servicing for the lands to be severed. 8. That the owner shall make arrangements for the granting of any easements required by Kitchener -Wilmot Hydro. 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 June 20, 2002. It is the opinion of this Committee that: 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. Carried Submission No.: B 2000-042 Applicant: Alpine Holdings Corporation 725 Ottawa Street South & Alpine Road Property Location: Legal Description: Block A, Registered Plan 1246, designated as Parts 4, 5, 6, & 8 on Reference Plan 58R-12353 Appearances: In Support: Mr. S. Head Dryden, Smith & Head Planning Consultants Ltd. 54 Cedar Street North Kitchener ON N2H 2X1 COMMITTEE OF ADJUSTMENT JUNE 20, 2000 3. Submission No.: B 2000-042 Cont'd Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot by severing a parcel of land and retaining a parcel of land having an area of 9,261.4 m2 (99,692.14 sq. ft.). The lands to be severed are proposed to be developed as an expansion to the existing commercial plaza and will have frontage on Ottawa Street South of 61.45 m (201.6 ft.) and an area of 12,763.2 m2 (137,386.43 sq, ft.). The applicant is also requesting permission for rights-of- way for access purposes and various easements for storm sewer, stormwater management, hydro, watermains, sanitary sewers and directional signs, over the lands to be retained, the lands to be severed and lands previously severed under Consent Application B 2000-021 (corner of Ottawa Street South and Alpine Road) in favour of each other. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant has previously submitted several applications to facilitate the completion of the existing commercial plaza, which has only been partially developed on this site. The City has recently approved a site plan for the restaurant, and a future phase of the commercial plaza. The Committee has considered applications B28199 & B29199 for two consents to mortgage together with consent for rights -of -Nuys and easements for access and services over these partially developed lands. The Alpine Plaza was to have two mortgages, and the restaurant site, a separate one. Since the site plan contemplates that the plaza addition be contiguous with the existing plaza, and the consent to mortgage passed through the proposed building, the committee approved Minor Variance A 2000-006 permitting 0 m sideyards instead of 3.0 m along this potential lot line. Subsequently, and most recently, consent application B2000-021 was approved to fully sever a portion of the property that corresponded with the dimensions of the consent to mortgage application B29199 to facilitate the development of a freestanding McDonald's restaurant. That application also dealt with various rights -of -ways and easements for access and services. Due to complications in implementing the conditions of the consent to mortgage, the plaza is now coming forward with an application for full consent relative to the plaza property. As well, the application seeks to have approved two additional easements to facilitate the McDonald's severance. Reference Plan 58R-12353 which was prepared for application B2000-021 is used as the basis for the description of rights -of -ways proposed through these applications. Alpine Plaza The first component of this application seeks approval to sever a parcel of approximately 12,763.6 square metres for the future expansion of the commercial plaza. The lands proposed to be severed are very similar to the dimensions of the consent for mortgage granted under application 628199, and now identified as Parts 4, 5, 6, and 8 on 58R-12353. While they are currently vacant, these lands will contain the future plaza addition and parking for the additional uses. The proposed retained lands consist of the commercial plaza and a freestanding Tim Horton's Restaurant, (Parts 1,2, 3 and 9). Staff have considered the appropriateness of the lot line cutting through a commercial unit of the plaza and propose that if possible, the lot line be adjusted so that it aligns with a wall. This would prevent building code problems and enable the buildings to be one continuous structure. The COMMITTEE OF ADJUSTMENT 267 3. JUNE 20, 2000 Submission No.: B 2000-042 Cont'd Committee secretary should consider whether or not the minor variance approval for the 0 metre sideyard would continue to apply to ensure another application is not required. A number of servicing easements and rights-of-way for access are required to facilitate this consent: ➢ A sanitary sewer easement over Part 4, in favour of the retained lands ➢ A water easement over Part 4, in favour of the retained lands. ➢ A storm sewer easement over Parts 4, 5, 6, and 8, in favour of the retained lands ➢ A storm water management easement over Parts 4, 5, 6, and 8, in favour of the retained lands ➢ A right-of-way for access over Part 5, in favour of the retained lands ➢ A right-of-way for access over Part 2, in favour of the severed lands. These easements and rights-of-way ensure the proper vehicular access on site and servicing of the site and are recommended by Planning and Engineering staff. McDonald's The second component of this application relates to servicing easements required to facilitate the development of the freestanding McDonald's restaurant on the parcel to be created by B2000-021. These include: ➢ A storm sewer easement over Parts 4 and 5, in favour of Parts 7, 10, 11, 12, 13, 14, and 15 ➢ A storm water management easement over Parts 4 and 5, in favour of Parts 7, 10, 11, 12, 13, 14, and 15. Finally, the application seeks approval for easements on each of the proposed plaza properties in favour of McDonald's to recognize the location of entrance signs. These signs are deemed to be incidental signs in the City's Zoning By-law and do not require a permit. Howeversuch easement location must be defined so as not to encumber the entire property and staff have prepared a sketch showing the general easement area for each of the three locations. A. The Department of Business & Planning Services recommends approval of Consent Application B 2000-042 (McDonald's) to grant easements for storm and stormwater management and sign locations, subject to the following conditions: 1. That a draft reference plan showing the location of servicing and sign deposition. easements be submitted to the City's Principal Planner for final approval prior to 2. That any documents relating to the creation of easements shall be submitted to the City Solicitor for approval. 3. That an agreement, to be approved by the City Solicitor, be registered against title of the burdened and benefitting lands to ensure that provision is made for the maintenance of the common services and that the easements for servicing are maintained in perpetuity. B. The Department of Business & Planning Services recommends approval of Consent Application B 2000-042 (Alpine Plaza) to convey a lot and grant rights-of-way for access and servicing easements, as amended to locate the lot line along a common wall, subject to the following conditions: ty of Kitchener for the 1 That payment lof any outstanding Munsfactory arrangements c pal property taxes e made with the and/or local improvement charges. JUNE 20, 2000 COMMITTEE OF ADJUSTMENT 268 / 3, Submission No.: B 2000-042 Confd {� the location of servicing easements be 2, That a draft reference plan showing submitted to the City's Principal Planner for final approval prior to deposition. 3. That any documents relating to the creation of easements shall be submitted to the City Solicitor for approval- ty icitor, be r 4. That an agreenst ment and benefittingto be aands to enby the sure eotlhat pro son is made forered the title of the burdened for access and that the M of the common services and right-of-way easements for servicing and right-of-way for access are maintained in p the City's ,. That the owner make financial arrangements to the satisfaction General Manager of Public Works, or the installation of ail new service connections to the severed lands. or comments with respect to this application. Director of Building in which he advised that the The Committee noted the comments of the Building Division has no concerns ture ion Of The Committee noted the comments of the a codan elanning & with he Regiion's delegated r responsibilities ti o Waterloo in which they advised that in to comment on development spadvsed that behalfhe of the pr oince inant Sources Inventory the Environment), please b identifies the lands as having a high potential for contamination based on an historic use o if the contamination the property and adjacent properties. Regional staff loanot knowthe proposed use of the property.suspected on the lands would ease a health or safety unicipality of As the subject lands are not located within e Regional st wewouldieesult in he Regigionalon req nsld, the Re to the Waterloo does not have direct corporate Record of Site Condition be imposedolon on sloe the creat on Regional of as new lot; however, any 44 approval of the above -noted app elopment development on the subject lands is lthereof and herreect to the omay be a Regi nal De assessed Charge By-law 99-03B, or any successor for development agreements, if required. The Committee noted the comments cancer concerns reser t to this application, Authority in which they ver Conservation advised that they have no objection or applications with respect to the subject Mr. S. Head provided a brief history of previous consent property, noting that 2 consents formortgage osever ag (B 8199or a to M Donaid'srRestaurants (B 2000` financing purposes and a consent to the 1999 consent applications for financing and, in particular, 021) was granted earlier this year. ° Mr. Head advised that his client has encountered difficulty In satisfying the conditions relative t it was decided to apply Vic. Acc. Mr. Head advised that he had with respect to the required joint maintenance agreement. Accordingly, for full severance of the lands involved in he 1999 app reviewed the staff reports and was in agreement with the recommendations contained therein. in great detail In response to questioning. Ms. J. Given advised that staff have revCaon includes a that are lied for in 1999 request for right-of-ways and easements and are satisfied that he app ii( has now agreed to move e sev required. Ms. Glcent centre further p proposed pointed buildinghhowever, the apperance line licant h previously app nce application, went through the ranted the severance line so tht a pliedef r earlierlil this yearnwith respect Ito rthisriproperty 9 Submission A 2000-006pp with respectit° Ca viset Application B 2000-042. Ms. Given further approval fora 0 m sideyard and Ms. Given advised that staff are satisfied that the variance approval will continue to applycomparin clarified g the plan attached to the the location of the amended severance line by lication for the benefit of the Planning staff report versus the plan attached to the consent app Committee. requested clarification withrrespect � 240to 0 0he has 2 lidifference nct ompoenbetween ts. The first is to A Mr. B Kay q Given advised that Cons and B. Ms. J. COMMITTEE OF ADJUSTMENT 269 3. JUNE 20, 2000 Submission No.: B 2000-042 Confd 7 correct the need for servicing easements required for the lands severed under Consent B 2000- 021 which were not applied for at the time B 2000-021 was considered and approved. In addition, an easement to recognize the location of entrance signs for the severed parcel under Consent B 2000-021 is also required. The second component of the application seeks to convey a parcel of land on the subject property and the granting of associated right-of-ways and easements. Recommendations A and B are relative to the 2 distinct components of Consent B 2000-042 and a separate motion for each part is intended so as not to encumber the lands severed under Consent B 2000-021 with any conditions applicable to the lands being severed under B 2000-042. In reference to the Region's comments, Ms. Given advised that staff are satisfied that it is not necessary to impose a condition respecting a Record of Site Condition. Mr. Head further pointed out that a site study has been conducted and no contamination was found. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That part of the application of Alpine Holdings Corporation requesting the granting of easements for storm sewer, storm water management and entrance signs as follows: a storm sewer easement over Parts 4 & 5, in favour of Parts 7, 10, 11, 12, 13, 14 & 15; a stormwater management easement over Parts 4 & 5, in favour of Parts 7, 10, 11, 12, 13, 14 & 15; an easement to recognize the location of entrance signs over Parts 1 to 6 inclusive and Parts 8 & 9, in favour of Parts 7, 10, 11, 12, 13, 14 & 15; with all parts as shown on Reference Plan 58R-12353; on Block A, Registered Plan 1246, designated as Parts 1 to 15 inclusive on Reference Plan 58R-12353, 725 Ottawa Street South and Alpine Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That a draft reference plan showing the location of servicing and sign easements shall be submitted to the City's Principal Planner for final approval prior to deposition. 2. That any documents relating to the creation of easements shall be submitted to the City Solicitor for approval. 3. That an agreement, to be approved by the City Solicitor, shall be registered against title of the burdened and benefitting lands to ensure that provision is made for the maintenance of the common services and that the easements for servicing are maintained in perpetuity. 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 June 20, 2002. 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. COMMITTEE OF ADJUSTMENT 270 JUNE 20, 2000 j 3, Submission No.: B 2000-0-4-21C-0-00-) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Moved by Ms. S. Campbell Seconded by Mr. S. Kay That part of the application of Alpine Holdings Corporation requesting permission to convey a frontage on Ottawa Street South of 61.45 m (201.6 ft.) and an average parcel of land having of ways for cate the lot line access long a common areof 12,763.2 m2access as follows 3easements wala and t servicing and right a sanitary sewer easement the lands; enPavaurin favour • • a water easement over � ofi the retained lands; over Parts 4, 5, 6 & 8, in favour of the retained lands; a storm sewer easement easement over Parts 4, 5, 6 & 8, in favour of the retained a storm water management lands; aright -of -way for accesover Part 5, in favour of the retained lands; s Part 2, in favour of the severed lands; a right-of-way for access over with all parts as shown on Reference Plan 58R-12353; usive on Reference Plan istered Plan BE GRANTED, Street South and Alpine Road,lKitchener,to 15 l on Block 3, 58R-1235Ontaro, , 725Ottawa subject to the following conditions: (041. That the owner shall make satisfactory arrangements with the City of Kitchener fort e property taxes and/or local improvement payment of any outstanding municipal charges, 2. That a draft reference plan showing the location of servicing easements shall be for final approval prior to deposition. submitted to the City's Principal Planner That any documents relating to the creation of easements shall be submitted to the City 3. Solicitor for approval. 4. That an agreement, to be approved by the City Solicitor, shall be registered against title that provision is made for the of the burdened and benefitting lands to ensure the common services and rigiht-of-ways for access and that the maintenance of easements for servicing and right-of-ways for access are maintained in perpetuity. 5. That the owner shall make financial arrangements to the satisfaction of the City's Public Works for the installation of all new service connections to General Manager of the severed lands. 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. e decision of this Committee shall Pursuant to Subsection 43 of Section53 o the Planningthe lapse two years from the date of app 9 20Act, It is the opinion of this Committee that: 1. A of subdivision is not necessary for the proper and orderly development of the ll l plan municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the 2. retained lands. COMMITTEE OF ADJUSTMENT 271 JUNE 20, 2000 3. Submission No.:B 2000-042 Cont'd 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Oficial Policies Plan. Carried q, Submission No.: B 2000-043 Applicant: Lutoda Holdings Limited & Calabras (Canada) Limited Property Location: New Dundee Road Legal Description: Lots 1 to 8 inclusive and Black 17, Registered Plan 1686, Park of Biehn's Unnumbered Tract and Part of Lot 9, Beasley's Old Survey Mr. W. Dahms declared a pecuniary interest in this application as he is a member of the Finance Committee of Conestoga College and did not participate in any discussion or voting with respect to this application. with the Municipal Conflict of Interest Act, this application was o t Dahms left the meeting and Mr. S. Kay Chaired the meeting during consideration of this application and in accordance considered by the remaining two members. Appearances: In Support: Mr. N. Ritchie Dacon Corporation 685 Gardiners Road Kingston ON K7M 3Y4 Mr. K. Mullan Conestoga College 299 Doon Valley Drive Kitchener ON N2G 4M4 Contra: None Written Submissions: In Support: None Contra: None t is to convey a parcel of The Committee was advised thathe oapepli contain g ante fising ting motel, by severing a parcel of land as a lot addition to an abutting p P a T l of to e land and retaining a parcel of land having an average area New Dundee Road of 65.5om (214 89 ft.), by The lands to e severed will have frontage (377.29 ft.) and an average area of 0.87 ha (2.15 ac). anning Services in The Committee noted the comments of the of the subject properties at 75-109 Newartment of Business & Dundee Road and which they advised that the o permission to sever a parcel of land on the 2484 Homer Watson Boulevard are requesting ps to convey northerly side of their largeland dno h at 55 New Dundee Road dev oings. 'The purpose of the severance 1ped with a mlotels to merge with the abutting lands o the 5.5 res The parcel ofeland , a depth from 95smetrestage of (311.7 6feet)rto 1115.86 4metresfeet) (380.12 New Dundee Road, a dep g The parcel is currently vacant. feet) and an area of approximately 0.87 hectares (2.15 acres). The parcel of land proposed to be retained has a frontage of approximately 447 metres (1,466 feet) along New Dundee Road and an area of approximately 6.2 hectares (15.32 acres). The subject parcel is bounded by east dee+s aoad lso on the. west, Highway 401 on the south and Homer Watson Boulevard on the e COMMITTEE OF ADJUSTMENT 272 JUNE 20, 2000 4. Submission No.: B 2000-043 Cont'd Both the retained and severed parcels are zoned C-6 which allows a variety of service commercial uses. The property at 55 New Dundee Road with which the severed lands are to merge, is zoned C-6 and developed with a 117 unit motel complex known as Rodeway Suites. The lot addition will allow for future expansion of this use. Special regulation 65R allows for two abutting lots under one ownership to develop with the minimum yard requirements applying to the only outer lot lines of the consolidated lots which is the case for these lands. The Department is of the opinion that the proposed lot addition is appropriate as it would allow for expansion of development of the motel lands in compliance with the Zoning By-law and the Municipal Plan. Planning staff notes that the application also requests that the conveyance of the proposed severed parcel is to include a right-of-way over Part 2 of the retained land in favour of the severed lands. This right-of-way exists in favour of the lands in favour of the lands to which the proposed severed parcel is to merge and is appropriate to be available to the lands. Accordingly, the Department supports the severance application subject to the conditions listed below. The Department of Business and Planning Services recommends that Consent Application 82000-043 be approved subject to the following conditions: 1. That satisfactory arrangement be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 3. That the owners of the severed and retained lands enter into a joint maintenance agreement, to be approved by the City Solicitor, which will ensure that the right-of-way for both properties is maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 4. That all documents creating the right-of-way be prepared to the satisfaction of the City Solicitor. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that due to visibility constraints on New Dundee Road created by the curve in the road, access to this parcel should be via the right-of-way identified as Part 2 on Plan 588- 8400, with no direct access to New Dundee Road. The owner will be required to submit a Grading and Drainage Plan to the Regional Commissioner of Engineering for review and approval. This requirement can be deferred to the site plan stage. The owner will also be required to undertake a noise study to address any mitigation measures that may be required due to traffic noise from New Dundee Road, Homer Watson Boulevard and Highway 401. The owner may wish to enter into a registered agreement with the Region to prepare the required noise study and undertaken any mitigation measures prior to site plan approval. Regional staff have no objection to the approval of the proposed lot creation subject to the following condition; COMMITTEE OF ADJUSTMENT 273 4. JUNE 20, 2000 Submission No.: B 2000-043Cont'd 1. That prior to final approval of the application, the owner submit a road traffic noise study for the severed parcel to the Regional Commissioner of Planning and Culture for review, or enter into a registered development agreement with the Region for completion of the noise study prior to site plan approval. The owner further enters into a registered Regional development agreement to implement recommendations contained in the study. The costs associated with completion and implementation of the study will be at the owner's expense. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections to the proposed lot addition. The severed parcel and the lot to be added to are not regulated by Grand River Conservation Authority under Ontari{oReo Regulation 149 as amended by 69/93, 669194 and 142198. The retained parcel app wetland, however this does not affect the proposed severance. Ms. S. Campbell enquired if the applicant wa pdthhg tthe condition ofaproin all requested by the Region. Mr. N. Ritchie suggested at tedetny addition to an existing right-of-way an entrance already exists for the proposed severed parcel and no new entrance is proposed. Mr. Ritchie stated that discussions will be undertaken with the Region with respect to the condition; howa�ver, the applicant is prepared to accept the Region's recommendation as a condition of approval. Mr. S. Kay requested clarification as to the lot the severed parcel is to be added to and Mr. Ritchie advised that the severed parcel would be added to the parcel of land shown as Part 7 on the sketch attached to the application. Ms. J. Given referred to the recommendations contained on Page 2 of the Planning staff report and requested an amendment be made to Condition No, 3 so as to delete the phrase "and provide confirmation that said agreement has been registered against the title of both properties" from the end of that condition as registration prior to deed endorsement is not possible. She advised that the City Solicitor would undertake to ensure that the joint maintenance agreement is registered on title. in response to questioning, Mr. Ritchie advised that Part 2 shown on the sketch attached to the application shows the existing right-of-way for access for which a maintenance agreement has already been registered; however, as a result of the severance it will be necessary to revise this agreement. Mr. S. Kay requested clarification with regard to the right- of-way and Ms. Given advised oval of the rb htt-of-way for access n favour ofecause revisions are required it the severed landsry for the Committee to grant app g Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Lutoda Holdings Limited and Calabras (Canada) Limited requesting permission to convey a parcel of land as a lot addition to an abutting property shown as Part 7 on Reference Plan 58R-8400, having frontage on New Dundee Road of 65.5 m (214.89 ft.), by an average depth of 115 m (377.29 ft.) and an average area of 0.87 ha (2.15 ac); and to grant a right-of-way for access over Part 2 as shown on Reference Plan 5BR-8400, in favour of the severed lands; on Lots 1 to 8 and Block 17, Registered Plan 1666, Part of Biehn's Unnumbered Tract and Part of Lot 9, Beasley's Old Survey, New Dundee Road, Kitchener, Ontario, 13E GRANTED, subject to the following conditions: 1, That the owner shall make satisfactory arrangements axes and/or local Cmproveitity Of Kitchener for the payment of any outstanding municipal property 2. That the lands to be severed shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 3. That the owners of the severed and retained lands shall enter into a joint maintenance agreement, to be approved by the City Solicitor, which will ensure that the right-of-way for access for both properties is maintained in perpetuity. ii JUNE 20, 2000 COMMITTEE OF ADJUSTMENT 274 4, Submission No.: B 2000-043 Confd for access shall be prepared to the 4. That all documents creating the right -of -MY satisfaction of the City Solicitor. oise e Regional 5. The owner shall submit a road traffic ffnre for review,dy for horsshall enter evered into l to a registered Commissioner of Planning an development agreement with the Region for completion of the noise study prior approval. The owner shall fu hations r enter into registered the Regional thdevelopmentcosts agreement to implement recommend associated with completion and implementation of the study to li at the all'!fulfil the above - Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 ofbte n Pli n i 2DAct, t e decision of this Committee shall lapse two years from the date of approval, g 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. Carried 5, Submission No.: B 2000-044Schneider Corporation Applicant: 263 Courtland Avenue & 30 Vernon Avenue Property Location: Le al Descri tion: Part Lot 24 Subdivision of Lot 18 German Com an Trac The Chair advised that the Committee was nres iptof a letter wishes dated June2o, withdraw this application from Mr. D. Mr. Solicitor for the applicant, advising that accordingly, the application was not considered by the Committee. g, Submission No.: B 20Do-045William Hutton Kaufman Applicant: 165 Claremont Avenue Property Location: designated as Part 1 on Legal Description: Lots 49, 50, 51 & 61, Registered Plan 35D, Reference Plan 58R-11137 tion as his law firm has acted Mr. W. Dahms declared a pecuniary interest in this app iicaspect to the application - of h if of the applicant and did not participate in any discussion or voting with re Municipal Conflict of interest Act, this application was Mr. Dahms left the meeting and Ms. S. th Campbell Chaired the meeting during consideration oft is application and in accordan 2 members. considered by the remaining Appearances: 1n Support: Mr. P. Britton MHBC Planning Limited 171 Victoria Street North Kitchener ON N2H 5C5 Contra: None JUNE 20, 2000 COMMITTEE OF ADJUSTMENT 215 6. Submission No.; -B2 00 045 Cont'd Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to convey a parcel of Land as a lot addition to an abutting property containing an existing single residential dwelling, by f 67 severing a parcel of land and retaining ed will have frontage on Cla emont Avng an area oenue of 9 144 47,571 m (72,632.62 sq. ft.). The land applicant (30 ft.), by a depth of 84 m (275.59 ft.) and an area of 570.518 m� (6,14 of n rg The is also requesting permission to reserve an easement for maintenance of underground servicing over the lands to be severed in favour of the lands to be retained. The Committee noted the comments of the Department off Business land that fronts C& PlanningSa rvices in which they advised that the subject property is a very large parcel venue and comprises much of the interior The l ndsuare designated Low Rise Residential d by Claremont Avenue, Dunbar Roth Glasgow Street and Westm according to Zoning By-law 85 - City's Municipal Plan and are zoned Residential Two Zone (R-2) g 1. applicant received approval to sever 15 lot In 1998, through Consent Applications B14-28198, the additions from the subject property. The lot additions were in turn conveyed to abutting property owners at 147, 149, 179 and 187 Claremont Avenue; 0 and 656 Westtm Dunbar t Road. Thesubject 338, 344, 352, 358 and 364 Glasgow Street; and, 65 el 7318.1 square metres. (retained) lands continue to have an area of approximately The applicant is now requesting consent to sever another small portion from the westerly side d 1 9 the property to be conveyed as a further lot addition to the neighbouring property Claremont Avenue. The proposed lot addition has an area of 570.518 square metres and is frontage of 9.144 metres on Claremont Avenue and an approximate irregularly shaped, with a 9 depth of 84 metres. The property is presently developed with a single detached dwelling that is heated using a water furnace is located partially on furnace system. The undergroudpi fog the repair replacemenwith the t, perat o and maintenance of the lands to be severe provide the water furnace system, the applicants are also requesting an easement in favour of the lands to be retained be placed on the lands to be severed. he w. The requested severance conforms e large w kh ha of area lao f 6747 571lan and 1 square+nmetes andwhe ill retained lands will contra maintain a 12.4 metre side yard after the current severance. The Department of Business and Planning Services recommends that Consent Application 82000-045 be approved, subject to the following conditions: 1. That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. ing lands and be taken in dentical 2. That the lands to ebuttin rl nds. Any subsequented be added to the ticonveyance of thle parcel to be (severed ownership as thea abutting of the Planning Act, 1995. shall comply with Sections 50(3) and/or (5) The Committee noted the comments of the Director of Building in whit one advised that the Building Division has no concerns or comments with respect to this app on of Waterloo The Committee noted the comment s of the lreviewed the anning & lapplication forr Department,ture loft addition and have in which they advised that Regional staff have no concerns; however, any development on the subject lands is subject to the provisions of the COMMITTEE OF ADJUSTMENT 276 JUNE 20, 2000 !_ 6. Submission No.: B 2000-045 Confd TW Regional Development Charge By-law 99-038, or any successor thereof and there may be a Regional fee assessed for development agreements, if required. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection or concerns with respect to this application. The Committee noted the comments of Kitchener -Wilmot Hydro in which they request that approval of this application be subject to the following conditions: 1. That the Applicant make satisfactory arrangements with Kitchener -Wilmot Hydro for the adjustments to the electrical servicing to the lands to be retained before the severances are granted. 2. That the Applicant make arrangements for the granting of any easements required by Kitchener -Wilmot Hydro before the severances are granted. Mr. P. Britton advised that he had reviewed the staff comments and was in agreement with the recommendations contained in the Planning staff report. Mr. Britton then referred to the comments received from Kitchener -Wilmot Hydro and advised that he had confirmed with Hydro staff that the conditions requested are intended to be completed prior to deed endorsement rather than prior to the severance being granted. In addition, he requested that Condition 1, as requested by Hydro, be amended by deleting the word "the" from the end of the first line and replacing it with the word "any" as it is unclear at this time if electrical servicing to the lands to be retained will be required. The Committee concurred with this request. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having as a lot addition to an abutting property known municipally as 179 Claremont Avenue, frontage on Claremont Avenue of 9.144 m (30 ft.), by an average depth of 84 m (275.59 ft.) and an area of 570.518 mz (6,141.2 sq. ft.); and to grant an easement for maintenance of underground servicing over the lands to be severed in favour of the lands to be retained; on Lots 49, 50, 51 & 61, Registered Plan 350, designated as Part 1 on Reference Plan 58R-11137, 165 Claremont Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the lands to be severed shall be added to the abutting lands and shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Section 50(3) and/or (5) of the Planning Act, 1995. 3. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydro for any adjustments to the electrical servicing to the lands to be retained. 4, That the owner shall make arrangements for the granting of any easements required by Kitchener -Wilmot Hydro. 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 June 20, 2002. 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. JUNE 20, 2000277 COMMITTEE OF ADJUSTMENT 1 B. Submission No.: B 2000-045Cont'd J 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, Carried CONSENT & M1 9_014 VARIANCE 1. Submission Nos: B 2000-046 & A 2000-040 Applicant: Earl & Clara Meyers Property Location: 30 Natchez Road Legal Description. Part of Lot 922 German Com an Tract Appearances: In Support: Ms. P. McLean Habitat For Humanity Waterloo Region Inc. 120 Northfield Drive East Waterloo ON N2J 4G8 Mr. S. Head Dryden Smith & Head Planning Consultants Limited 54 Cedar Street North Kitchener, ON N2H 2X1 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot by severing a parcel of land and retaining a parcel of land having an area of 1,345.65 m2 (14,485 sq. ft.). The lands to be severed will have frontage on Natchez Road of 11.28used frontage of depth of 61.4 m (201.47 ft.) and an area of 692.48 m2 (7,454 sq. ft.). P he severed parcel does not meet the required 13.7 m (45 ft.) required by the Zoning By-law and the applicant is also requesting permission for this variance. The Committee noted the comments of the Department of Business & Planning Serys in ich to they advised that t lot a single detached dwelling requesting permission sever the property and create a new o The proposed severed lot would have a frontage of 11.28 metres (37 feet) on Natchez Road and a lot area of approximately 692.5 square metres (7,454 square feet). Minor Variance Application A2000-040 is required to reduce the lot width from 13.7 metres (45 feet) to 11.28 metres (37 feet). A shed located along the proposed severance line is intended to be removed. etres The proposed retained lot at 0Natchez Road would have a ontage f dl feet) and a lot area of approximately 1,3455 square metes (14,486 square feet) andis occupied with a single detached dwelling. Although the subject property is 33.19 metres (108.9 feet) in width, adequate to meet the lot width requirement for two lots, the existing dwelling is wide and its garage requires access from the southerly side of the property. In order to provide adequate access to the garage, the width of the proposed severed lot could only be faa minor variance application was an metres here 13.7 metres. is required. To provide a mutual driveway instead of applying COMMITTEE OF ADJUSTMENT 278 JUNE 20, 2000 1. Submission Nos: B 2000-046 & A 2000-040 Confd alternative that was not acceptable to either the prospective purchaser or the vendor. With the garage located at the rear and attached to the single detached dwelling, adequate access should be provided. The surrounding neighbourhood provides a mixture of smaller lots in R-4 zones with 12.19 metres (40 feet) and larger lots in R-3 zones with over 13.7 metres (45 feet) frontages. The subject property is much larger than those which it abuts. There were previously eight lots immediately around the property that were all originally created in the former Township of Waterloo with each being 33.19 metres (108.9 feet) in width. Over a period of time, seven of those lots were severed and were able to meet the minimum lot width of 13.7 metres (45 feet) for both the retained and severed parts as the original dwelling that was erected on those lots was offset. Accordingly, the intent of the R-3 zone, that a variety of medium sized lots would be developed, is maintained. The variance is minor as it still permits the creation of a lot exceeding the lot area while not compromising the streetscape. It is proposed that to provide further compatibility, that the new dwelling be required to be set back the same distance as the adjacent dwellings. The applicant, Habitat of Humanity, who wishes to build on the proposed severed lot, provides affordable housing throughout the City. This type of initiative is desirable for the City as a whole to meet specific needs. Based on the above comments, it is the opinion of staff that the requested variance is minor in nature, maintains the general intent of the Zoning By-law and is desirable for the appropriate development of the property. Policy 1.2 of the Municipal Plan addresses the City's obligation to create opportunities for infill development and acknowledges that the creation of new lots through infill is an appropriate response to changing housing needs and a better way of making use of existing infrastructure. Accordingly, the minor variance maintains the intent of the Municipal Plan. Accordingly, the Department supports the severance and minor variance applications subject to the conditions listed below. 1. The Department of Business and Planning Services recommends approval of Minor Variance Application A 2000-040 without conditions. 2. The Department of Business and Planning Services recommends that Consent Application B 2000-046 be approved subject to the following conditions: 1. That Minor Variance Application A 2000-040 receives final approval. 2. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. That the owners pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the severed land. 4. That the owners make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 5. That the owners make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. 6. That the existing shed be removed. Aft 7. That the purchaser submit a letter to the City's Principal Planner agreeing to set back the dwelling a minimum of 18 m (59 ft.) from the front lot line. JUNE 20, 2000 COMMITTEE OF ADJUSTMENT 279 Submission Nos: B 2000-046 & A 20011-040JCont'd The Committee noted the comments of the Director of Building in which he advised t 20at the Building Division has no concerns or com'cation A 2000 040, the Director nts with respect to Consent 4of Building sed 046. With respect to Minor Variance App that a demolition the permit for dwelling demolition of the existing shed and a building permit for construction o & Culture Department, Region of Waterloo The Committee noted the comments of the Planning eviewed these applications and have no in which they advised that Regional staff have r any development on the subject lands is subject to the provisions of concerns; however, the Regional Deveeo oval tDevelopment Charges Charge By-law $forr this ydeve development prior to he issuance srequireuance of a R payment of g building permit, and Regional fees for development agreements, if required. The Committee noted the comments of Cher Grand with respect to these ion cat ri in which they advised that they have no objection royal of the The Chair reviewed the staff comments, noting that staff are recommending had anythingf further to add. applications subject to certain conditions and enquired if he app2 of Ms. P. McLean referred toConditions iaoarras rra gement referenced at abe made for boulevard e bottom of page t landscaping staff report which requests including street trees ands paved d walks or boulevards and theeriveway ramp on the es and ex sting tree. Ms. McLean pointed out that there are ested that the questioned what standards would be required for this condition. Ms. J. Given sugg applicant work with staff ofthe ommittee directed Ms. McLeanublic WorRs Department to eacco dingly.t D scuss on was then would be sufficient to fulfill this condition and the and severed entered into with re iopn,i was agreed that a condition ofretained parcels approval would be added oprovide that result of this discuss retained would be developed in compliance with the City's the driveway over the lands to be Zoning By-law. Minor Variance A 2000.040 Moved by Mr. S. Kay Seconded by Ms. S. Campbell parcel of land That the application of Earl & Clara Meyers requesting permission to convey a p quired rn (45 ft.), on Part of having a reduced lot width of 11. rather han thea Ontario ,13.7 BE APPROVED subjectLot 122, German Company Tract, 30 Natchez Road to the following conditions: 1, That the owner shall obtain a demolition permit to demolish the existing shed. 2. That the owner shall obtain a building permit prior to construction of the new single residential dwelling. it is the opinion of this Committee that: The variance requested in this application is 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 are being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 280 JUNE 20, 2000 1. Submission Nos: B 2000-046 & A 2000-040 Cont'd Consent B 2000-046 Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Earl & Clara Meyers requesting permission to convey a parcel of land having frontage on Natchez Road of 11.28 m (37 ft.), by a depth of 61.4 m (201.47 ft.) and an area of 692.48 m2 (7,454 sq. ft.), on Part of Lot 122, German Company Tract, 30 Natchez Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Minor Variance Application, Submission No. A 2000-040, shall receive final approval. 2. 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. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the severed land. arrangements to satisfaction of the ral 4 That the owner Manager of Public shall Works for the/ installation of all new eservice connections t City's he s vered lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Woks for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. 6. That the existing shed shall be removed, 7. That the purchaser shall submit a letter to the City's Principal Planner agreeing to setback the dwelling a minimum of 18 m (59 ft.) from the front lot line of the severe s. ned shall be d in iance th the 8 ThaC ty{s Zoning By-law and shall be the driveway over the lands to tobe lthe satisfaction oflthe eCity's Prinlcipal P alnner. 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 June 20, 2002. 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. Carried IV COMMITTEE OF ADJUSTMENT 281 ADJOURNMENT On motion, the meeting adjourned at 10:55 a.m, Dated at the City of Kitchener this 20th day of June, 2000. u(('et'Y' Billett Secretary -Treasurer Committee of Adjustment JUNE 20, 2000