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HomeMy WebLinkAboutAdjustment - 2004-03-30 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 30, 2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. R. Brent, Administrative Clerk, Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Britton, Chair, called the meeting to order at 9:35 a.m. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment of March 9, 2004, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-005 Freure Developments Limited 105 Pinnacle Drive Part of Biehn's Unnumbered Tract, being Part 1, Reference Plan 58R-6869, and Parts 1-5, Reference Plan 58R-7422 Appearances: In Support: Mr. E. Saulesleja Contra: Mr. J. Vos Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Pinnacle Drive of approximately 8 m (26.25 ft.), an irregular shape, and an area of 2,021 m2 (21,754.57 sq. ft.), as a lot addition to the abutting property. The Committee was in receipt of an Order of the Superior Court of Justice - Ontario granting an injunction against Freure Developments Limited that prohibits them from proceeding with this Application for Consent. The Committee was in receipt of correspondence from GSP Group, agent for the applicant, dated March 29, 2004, acknowledging the injunction banning Freure from proceeding with this application until the court has ruled on the litigation. In this correspondence, the agent for the applicant requests that this application be held in abeyance until the land issues subject to the litigation are resolved; should the Committee not wish to proceed in this manner, the application will be withdrawn. The Chair stated that the applicant came forward with this application as a way of leveraging their position before the Court, and the Committee does not appreciate being treated in this manner. COMMITTEE OF ADJUSTMENT 44 MARCH 30, 2004 1. Submission No.: B 2004-005 (Cont'd) Mr. Saulesleja suggested that a further deferral of this application is appropriate as negotiations with staff and Pieter Vos Limited are progressing well towards resolving the planning issues. The matter before the Court is damages. The Chair advised that the Committee will not consider this application until the court advises it may proceed. The Chair offered a choice of 2 options: the applicant may withdraw the application; or, the application could be deferred sine die until the court advises it may proceed. The Chair noted the considerable amount of staff time spent on this application since it was submitted to the January 2004 meeting; and advised that should the applicant choose to have the application deferred, the Committee would impose costs on the applicant for the staff time spent on this application. The Committee stood this matter down to allow Mr. Saulesleja an opportunity to discuss this matter with his client. When Mr. Saulesleja returned, he advised that the applicant wishes the Committee to defer consideration of this application until the court advises it may proceed. The applicant understands that it is the intention of the Committee to impose costs for staff time. It was pointed out to Mr. Saulesleja that should the application change at all, a new application(s) will be required. Moved by Mr. B. Isaac Seconded by Mr. D. Angel That, at the request of the applicant, Freure Developments Limited, consideration of Submission No. B 2004-005 BE DEFERRED sine die; and further, That staff itemize the amount of time they have spent on this application since it come before the Committee in January, with costs, on the understanding of all parties that these costs may be imposed as a condition when this application is finally dealt with by the Committee. Carried Submission No.: Applicant: Property Location: Leqal Description: B 2004-007 Haastown Holdings (Kitchener) Inc. Chestnut Street, Mansion Street & Locust Street Part Lot 103, Registered Plan 157 Appearances: In Support: Mr. K. Pyke Contra: None Public Submissions: Van Harten Surveying Inc. The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Mansion Street of 27.14 m (89.04 ft.), a depth along Locust Street of 67.63 m (221.88 ft.), and an area of 1696 m2 (18,256.19 sq. ft.); together with easements over the retained lands and subject to easements in favour of the retained lands. A 4-storey condominium is proposed for this land. The Committee considered the written request of Van Harten Surveying Inc., agents for the applicant, for a further deferral of this application until the design of the units and a site plan are completed. Mr. Pyke of Van Harten Surveying Inc., was in attendance to represent this request. COMMITTEE OF ADJUSTMENT 45 MARCH 30, 2004 2. Submission No.: B 2004-007 (Cont'd) Mr. Sloan advised that no site plan or condominium plan has been submitted to the City; and although certain matters, such as easements, could be handled through a plan of condominium, it is difficult to predict until plans are submitted. He suggested it could take at lease 3 months for these plans to be submitted. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That consideration of Submission No. B 2004-007 Haastown Holdings (Kitchener) Inc. requesting permission to convey a parcel of land having a width on Mansion Street of 27.14 m (89.04 ft.), a depth along Locust Street of 67.63 m (221.88 ft.), and an area of 1696 m2 (18,256.19 sq. ft.); together with easements over the retained lands and subject to easements in favour of the retained lands, on Part Lot 103, Registered Plan 157, Chestnut Street, Mansion Street & Locust Street BE DEFERRED to the Committee of Adjustment meeting scheduled for September 21, 2004. Carried This meeting recessed at 10:05 a.m. to allow the Committee to consider an Application for Minor Variance to the City's Sign By-law, and reconvened at 10:10 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-021 800083 Ontario Ltd. 42 Waterloo Street Part of Lot 67, Registered Plan 376 Appearances: In Support: Mr. W. Wilson Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convert a duplex to a triplex on a lot having a width of 14.63 m (48 ft.) rather than the required 15 m (49.21 ft.), legalization of a front porch setback 1.22 m (4 ft.) from Waterloo Street rather than the required 4.5 m (14.76 ft.) and the steps to the front porch to be setback 0 m rather than the required 3.05 m (10 ft.). The Committee considered the report of the Development & Technical Services Department, dated March 30, 2004, recommending approval of the variances. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated March 22, 2004, advising they have no concerns with this application. Mr. Wilson advised that he is in agreement with the staff reports. COMMITTEE OF ADJUSTMENT 46 MARCH 30, 2004 1. Submission No.: A2004-021 (Cont'd) Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of 800083 Ontario Ltd. requesting permission to convert a duplex to a triplex on a lot having a width of 14.63 m (48 ft.) rather than the required15 m (49.21 ft.), legalization of a front porch setback 1.22 m (4 ft.) from Waterloo Street rather than the required 4.5 m (14.76 ft.), and the steps to the front porch to be setback 0 m from Waterloo Street rather than the required 3.05 m (10 ft.), on Part Lot 67, Registered Plan 376, 42 Waterloo Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-022 Victor Maglicic In Trust 42 Kevco Place Lot 11, Registered Plan 1521 Appearances: In Support: Mr. V. Maglicic Contra: None Public Submissions: None The Committee was advised that the applicant requests permission for a rear addition with a rearyard of 4.42 m (14.5 ft.) rather than 7.5 m (24.61 ft.). The Committee considered the report of the Development & Technical Services Department, dated March 25, 2004, in which they advise they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated March 22, 2004, advising they have no concerns with this application. Mr. Sloan advised Transportation Planning has, through the site plan process for this application identified some potential traffic operation issues related to the access and on site circulation for trucks. Mr. Maglicic advised that both tractor trailers and straight trucks would be coming into the property from Kevco Place and Grand Crest Place, and backing into the loading bay, as they are now. The addition is on the east side of the building, the opposite side of the building from the loading bay, and will not hinder the trucks turning around. Moved by Mr. B. Isaac Seconded by Ms. B. Angel That the application of Victor Maglicic In Trust requesting permission to construct a rear addition with a rearyard of 4.42 m (14.5 ft.) rather than the required 7.5 m (24.61 ft.) on Lot 11, Registered Plan 1521,42 Kevco Place, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 47 MARCH 30, 2004 2. Submission No.: A2004-022 (Cont'd) It is the opinion of this Committee that: 1. 2. CONSENT The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: B 2004-013 & B 2004-014 Drewlo Holdings Inc. 15 &19 Schneider Avenue Lot 78, Municipal Compiled Plan of Lot 17, German Company Tract, and Lot 76, Municipal Compiled Plan of Lot 17, German Company Tract Mr. P. Britton declared a conflict of interest in these applications, as his firm has done work for Drewlo Holdings on another property in this area of the City, and he did not participate in any discussion or voting with respect to this application. Mr. B. Isaac chaired the meeting during consideration of these applications. Appearances: In Support: Mr. D. Arntfield Ms. J. Stevens Contra: None Public Submissions: None The Committee was advised that in Submission No. B 2004-013, the applicant requests permission to convey a parcel of land having a width on Schneider Avenue of 12.802 m (42 ft.), a depth of 37 m (121.39 ft.), and an area of 473.7 sq. m (5,088.27 sq. ft.), to continue to be used as residential. The Committee was also advised that in Submission No. B 2004-014, the applicants requests permission to convey a parcel of land having a width on Schneider Avenue of 31.09 m (102 ft.), a depth along Queen Street of 36.474 m (119.67 ft.), and an area of 888.1 m2 (9,559.74 sq. ft.), to continue to be used as residential. The Committee considered the report of the Development & Technical Services Department, dated March 18, 2004, in which they advise they have no concerns with these applications. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated March 24, 2004, in support of this application, provided the owner agrees to a road widening and daylight triangle for future widening of Queen Street, as well as a sidewalk, utility locations, and possible bicycle lanes. Mr. Sloan confirmed that these severances will not affect the development of an apartment building on the adjacent property. COMMITTEE OF ADJUSTMENT 48 MARCH 30, 2004 1. Submission No.: B 2004-013 & B 2004-014 (Cont'd) Submission No. B 2004-013 Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Drewlo Holdings Inc. requesting permission to convey a parcel of land having a width on Schneider Avenue of 12.802 m (42 ft.), a depth of 37 m (121.39 ft.), and an area of 473.7 sq. m (5,088.27 sq. ft.), on Lot 78, Municipal Compiled Plan of Lot 17, German Company Tract, 19 Schneider Avenue, Kitchener, Ontario, BE GRANTED, subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried Submission No. B 2004-014 Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Drewlo Holdings Inc. requesting permission to convey a parcel of land having a width on Schneider Avenue of 31.09 m (102 ft.), a depth along Queen Street of 36.474 m (119.67 ft.), and an area of 888.1 m2 (9,559.74 sq. ft.), on Lot 76, Municipal Compiled Plan of Lot 17, German Company Tract, 15 Schneider Avenue, Kitchener, Ontario, BE GRANTED, subject to the following condition: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 49 MARCH 30, 2004 1. Submission No.: B 2004-013 & B 2004-014 (Cont'd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried Submission No.: Applicant: Property Location: Legal Description: B 2004-015 - B 2004-017 incl. ICI Realty Developments Inc. Fairway Road Block 36, Registered Plan 1799 Appearances: In Support: Mr. G. Auer Contra: None Public Submissions: None The Committee was advised that the applicants request permission to conve_Y23 parcels of land as additions to lots fronting on Lynn Court: the first to have an area of 158.7 m (1,708.29 sq. ft.), 2 2 the second to have an area of 634.4 m (6,828.85 sq. ft.), the third to have an area of 429.1 m (4,618.95 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated March 16, 2004, in which they advise they have no concerns with this application, subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated March 24, 2004, recommending approval of this application subject to a Noise Study being completed. Mr. Auer advised a Noise Study has been completed and did not feel it was necessary to do one again. Mr. Sloan advised that it is a condition of subdivision approval for Registered Plans 1799, and 58M-275, than Block 36, Registered Plan 1799 be consolidated with the existing lots on Lynn Court. Building Permits for the lots are conditional upon completion of these severances. Mr. Auer advised that it is intended that the retained lands be conveyed to the owners of Lot 37, Registered Plan 58M-275; however, the owners of Lot 37 have not agreed to purchase this land. He requested that permission be given to convey the retained land as a lot addition to Lot 37, Registered Plan 58M-275, or that it be included as part of the lands to be conveyed in Submission No. B 2004-017, as a lot addition to Block 53, Registered Plan 58M-275. Submission No. B 2004-015 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the applications of ICI Reality Development Inc. requesting permission to convey a parcel of land having an area of 158.7 m2 (1,708.29 sq. ft.) as a lot addition to Block 55, Registered Plan 58M-275, on Part Block 36, Registered Plan 1799, Old Chicopee Drive and Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 50 MARCH 30, 2004 3. Submission No.: B 2004-015 - B 2004-017 incl. (Cont'd) That the land to be severed in this application shall be added to the abutting lands, described as Block 55, Registered Plan 58M-275, and title shall be taken in identical ownership; with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried Submission No. B 2004-016 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the applications of ICI Reality Development Inc. requesting permission to convey a parcel of land having an area of 634.4 m2 (6,828.85 sq. ft.) as a lot addition to Block 54, Registered Plan 58M-275, on Part Block 36, Registered Plan 1799, Old Chicopee Drive and Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the land to be severed and retained in this application shall be added to the abutting lands, described as Block 54, Registered Plan 58M-275, and title shall be taken in identical ownership; with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried COMMITTEE OF ADJUSTMENT 51 MARCH 30, 2004 3. Submission No.: B 2004-015 - B 2004-017 incl. (Cont'd) Submission No. B 2004-017 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the applications of ICI Reality Development Inc. requesting permission to convey a parcel of land having an area of 429.1 m2 (4,618.95 sq. ft.) as a lot addition to Block 53, Registered Plan 58M-275, on Part Block 36, Registered Plan 1799, Old Chicopee Drive and Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the land to be severed and retained in this application shall be added to the abutting lands, described as Block 53, Registered Plan 58M-275, and title shall be taken in identical ownership; with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. That the land to be retained through Submission Nos. B 2004-015 to B 2004-017, shall be added to the abutting lands described as Lot 37, Registered Plan 58M-275; or shall be added, along with the lands to be conveyed in Submission No. B 2004-017, as a lot addition to Block 53, Registered Plan 58M-275; and in either case, title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance complying with subsections 50(3) and / or (5) of the Planning Act. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried Submission No.: Applicant: Property Location: Leqal Description: B 2004-018 & B 2004-019 Giuseppe Cinquemani 161 Morrison Road Lot 7, Re.qistered Plan 868 Appearances: In Support: Mr. G. Cinquemani Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 52 MARCH 30, 2004 4. Submission No.: B 2004-018 & B 2004-019 (Cont'd) The Committee was advised that the applicants requests permission to sever 2 parcels of land for residential use: the first to have a width of 14.94 m (49.02 ft.) on Grand River Boulevard, a depth of 40.23 m (132 ft.), and an area of 601.04 m2 (6,469.75 sq. ft.); the second to have a width of 20.73 m (68 ft.) on Morrison Road, a depth of 30.78 m (100.98 ft.) on Grand River Boulevard, and an area of 638.07 m2 (6,868.35 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated March 19, 2004, in which they advise they recommend approval of these applications subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated March 24, 2004, advising they have no concerns with this application. Submission No. B 2004-018 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Giuseppe Cinquemani requesting permission to convey a parcel of land having a width of 14.94 m (49.02 ft.) on Grand River Boulevard, a depth of 40.23 m (132 ft.), and an area of 601.04 m2 (6,469.75 sq. ft.); on Part Lot 7, Registered Plan 868, 161 Morrison Road, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Manager of Design & Development and Engineering Services, and registered on title of the subject lands; with the agreement to include the following special conditions: a) submission of a grading plan to the satisfaction of Engineering Services, prior to the issuance of a building permit; and, b) making financial arrangements to the satisfaction of Engineering Services for the installation of all new service connections to the severed and retained lands, prior to the endorsement of severance documents for registration; and c) the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and retained lands, prior to endorsement of severance documents for registration. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 53 MARCH 30, 2004 4. Submission No.: B 2004-018 & B 2004-019 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried Submission No. B 2004-019 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Giuseppe Cinquemani requesting permission to convey a parcel of land having a width of 20.73 m (68 ft.) on Morrison Road, a depth of 30.78 m (100.98 ft.) on Grand River Boulevard, and an area of 638.07 m2 (6,868.35 sq. ft.); on Part Lot 7, Registered Plan 868, 161 Morrison Road, BE GRANTED, subject to the following conditions: That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Manager of Design & Development and Engineering Services, and registered on title of the subject lands; with the agreement to include the following special conditions: a) submission of a grading plan to the satisfaction of Engineering Services, prior to the issuance of a building permit; and, b) making financial arrangements to the satisfaction of Engineering Services for the installation of all new service connections to the severed and retained lands, prior to the endorsement of severance documents for registration; and c) the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and retained lands, prior to endorsement of severance documents for registration. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried COMMITTEE OF ADJUSTMENT 54 MARCH 30, 2004 CHANGE OF CONDITIONS Submission No.: Applicant: Property Location: Legal Description: CC 2004-002 Lutheran Homes Kitchener-Waterloo 2727 Kingsway Drive Lot 6, Municipal Compiled Plan 958, Parts 1,2 and 3, Registered Plan 58R-8910 Appearances: In Support: Mr. C. Pidgeon Mr. A. Schelter Ms. L. MacDonald Contra: None Public Submissions: None The Committee was advised that the applicant requests a change of conditions of Provisional Consent B 2004-012, for the property municipally known as 2727 Kingsway Drive; the Committee's decision having been given on March 9, 2004, and the decision being appealable up to and including April 1,2004. The first request in Submission No. CC 2004-002, is to change the following words "current mortgage" in the introductory paragraph to Condition No. 2 to "existing mortgagee". The second request in Submission No. CC 2004-002, is to delete condition 2 b) in the decision for Submission No. B 2004-012. The Committee was in receipt of a report from the Development & Technical Services Department, dated March 24, 2004, stating that the applicants have advised the banks are opposed to any wording that suggests the parcel may not be separately conveyed without full consent. Staff advise they can support the requested change in word from "current mortgagee" to "existing mortgagee"; however, they do not support the deletion of condition 2 b), based on good planning principles, also based on accountability on the City's behalf to ensure good planning principles are considered. The staff report states that the banks want a scenario whereby they can easily sell the severed lot in the event of a mortgage default. As a Consent for mortgage purposes does not allow for purchase or sale, it is important for condition 2 b) to be maintained; as without it the City has no assurances that in the future owners or mortgagees of this property will be aware of what will be required to implement appropriate planning measures. While mortgage defaults are rare, City staff must acknowledge and foresee the likely long term complications that could arise from the proposed Consent to mortgage. The Committee considered a memorandum from D. Mansell, Deputy Director of Engineering, dated March 23, 2004, advising of the City's policy, confirmed by the Ontario Municipal Board, that if there is a chance the lands will end up as separate parcels, each parcel must have separate sanitary, water and hydro connections. The Committee reviewed the servicing plan for 2727 Kingway Drive, noting the land to be severed has no control of its own services. Ms. L. MacDonald, City Solicitor, was in attendance, representing City Council, who are in support of this application, and are aware of the ramifications. They support the application because they are aware of the benefits of this project to the community. Mr. A. Schelter addressed the Committee advising he has been in contact with both mortgagees, who advise they will not provide mortagee financing if condition 2 b) is required. Subsequently, he contacted the Mayor and some members of Council because this project has been held up by staff and this Committee. COMMITTEE OF ADJUSTMENT 55 MARCH 30, 2004 1. Submission No.: CC 2004-002 (Cont'd) The Chair stated he took exception to the statement that the Committee of Adjustment has held up this project. He noted that at the March 9th meeting the Committee considered some options with respect to conditions; and although the Committee felt all mortgagees for this property should enter into the agreement, required that only the existing mortgagee sign the agreement. The Chair questioned the banks' concerns, and was advised that the banks don't have any idea of the costs involved in a "...consent to sever including any necessary rights-of-way, the installation of new service connections and any related minor variances." Ms. MacDonald was questioned as to whether the City is aware of what its liability may be. She advised that with respect to a condition 2 a), an emergency order to the court could be made. With respect to condtion 2 b), there may not be a sale of the land in the event of a foreclosure, and the mortgagee could go into possession and operate this facility. Whether condition 2 b) is imposed or not, this is not a Consent to convey the land. They will have to come to this Committee for Consent to convey the land if there is a foreclosure and they wish to convey the land. The Chair suggested amending condition 2 b) so that it ends after the words "...obtaining a consent to sever." Ms. MacDonald suggested that, instead, the "Certificate of Official" state that the approval is only for a Consent to mortgage, and not a conveyance of the land. The Chair questioned why this Consent is being treated differently by the City than all the other Consents for mortgage purposes recently considered by this Committee. Ms. MacDonald stated that she has advised Council of the normal protocol with respect to this type of application. Council's concern is with the overall purpose of this development for the community, and they want to make sure it can proceed for the good of the community. The Chair stated that 99% of the time Council does not get involved with applications to the Committee of Adjustment. Further, advice from Legal Services in the past is different than the advice being given today. Ms. MacDonald stated that the end result of this being a successful application, is care for seniors in the community. Council has been apprised of the risk, and they feel the risk is minimal. Ms. MacDonald estimated that the cost for separate servicing for this property is approximately half a million dollars. The Chair questioned whether there is anything that could be imposed and registered on title whereby the City could be released of any liability. Ms. MacDonald suggested a condition that the Certificate of Official, stating this is a Consent for mortgage only and not for the conveyance of the land, be registered on title. Further that the approval for Submission No. B 2004-012 state the approval is a Consent for mortgage and not for a conveyance of the land. Mr. Pidgeon agreed to Ms. MacDonald's suggested conditions. He advised that the issue with the banks is the servicing. He noted that 2 years ago there was an Application for Consent for the townhouses on this property. The issue of servicing was not raised at that time. Had the property owner known 2 years ago that separate servicing was an issue, the property would have been developed differently. Condition 2 b) is unacceptable to the bank. The Chair questioned why the bank is unwilling to sign the agreement if the risk is minimal. Surely the banks will acknowledge a separate Consent to sever is required in the event of a foreclosure, along with minor variances, rights-of-way and easements to respect current servicing. The Chair referred to an Application for Consent for mortgage for Lanark Place, where staff insisted on the imposition of a similar condition as 2 b). and questioned why the City taking its current position for this development but not for Lanark Place. COMMITTEE OF ADJUSTMENT 56 MARCH 30, 2004 1. Submission No.: CC 2004-002 (Cont'd) Ms. MacDonald noted that in this case, the Committee of Adjustment has approved other Applications for Consent for mortgage purposes on this property without imposing a condition similar to 2 b). The Chair noted that conditions 2 a) and b) are softer conditions than those usually imposed on similar applications. He suggested leaving in condition 2 b), with a change in wording so as to change "installation of all new service connections" to "establishing any easements necessary relative to the existing servicing scheme". Mr. Sloan advised that Engineering Services would not be supportive of this change in wording. Ms. MacDonald advised that if it is the wish of the Committee to maintain condtion 2 b), Council can support the condition if it ends at the words "consent to sever". The Chair questioned: If the mortgagee knows exactly what to expect, why won't they acknowledge a statement of fact? Mr. Pidgeon responded that no one knows exactly what to expect, and the owner and mortgagees thought they knew what kind of conditions would be imposed based on previous decisions of this Committee relative to this property. He stated that there is only a minute chance of foreclosure, you can't plan for every inevitable event, and the risk to the City is relatively minor. The Chair questioned Mr. Schelter as to whether he acknowledges that in the event of a default, an Application for Consent to sever the land is required. Mr. Schelter responded that the banks will not support the imposition of condition 2 b). Both CMHC and the banks have agreed to condition 2 a) as modified, and the elimination of condition 2 b). He stated that he believes the City has no risk if condition 2 b) is removed. He questioned what risk there would be to the City, and the Chair responded that by not imposing condition 2 b), if you default on the mortgage, you will go after the City. The Chair questioned why the owner is arguing so strenuously against this condition, and why the banks will not agree to condition 2 b), which is a statement of fact. Ms. MacDonald proposed the following conditions, which the Commttee may wish to consider: That the owner, through its solicitor, shall provide the City Solicitor with an undertaking, satisfactory to the City Solicitor, to undertake to deposit / attach a copy of the Certificate of Official to the mortgage documentation which is the subject of this Consent, and register same on title. That the Secretary-Treasurer be directed to acknowledge in the decision, and to modify the Certificate of Official to reflect that the approval granted by the Committee is for a Consent to mortgage and not consent to convey the lands. That the solicitor for the owner shall provide the City Solicitor with a letter acknowledging that in the event of default of mortgage, transfer of title will require Consent to convey. This meeting adjourned briefly to allow the applicant an opportunity to consult with his solicitor, and when Messrs. Pidgeon and Schelter returned to the meeting, Mr. Pidgeon advised that the bank has agreed to Ms. MacDonald's suggested, conditions. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Lutheran Homes Kitchener-Waterloo, for a change of conditions of Provision Consent B 2004-012 BE GRANTED, so that the decision for Submission B 2004-012 shall be as follows: That the application of Lutheran Homes Kitchener-Waterloo requesting a Consent to mortgage only, and not a Consent to convey, a parcel of land having no street frontage, an irregular shape, and an area of 5,035 m2 (54,198.06 sq. ft.) on Part Lot 6, Plan 958, 2727 Kingsway Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 57 MARCH 30, 2004 1. Submission No.: CC 2004-002 (Cont'd) That the owner shall provide a draft reference plan showing the revised consent lines, which shall be approved by the City's Manager of Design and Development. That the owner shall enter into an agreement with the City of Kitchener, satisfactory to the City Solicitor, to be signed by the existing mortgagee, and registered on title, confirming that in the event enforcement proceedings are taken under the terms of an mortgage / charge of land, the owner, its successors or assigns, shall take no action to affect the servicing and / or access to any buildings on the lands described as Part Lot 6, Plan 958, being Part 1, Reference Plan 58R-8910. That the owner, through its solicitor, shall provide the City Solicitor with an undertaking, satisfactory to the City Solicitor, to undertake to deposit / attach a copy of the Certificate of Official to the mortgage documentation which is the subject of this Consent, and register same on title. That the Solicitor for the owner shall provide the City Solicitor with a letter acknowledging that in the event of a default of mortgage, transfer of title will require Consent to convey. That the Secretary-Treasurer of the Committee of Adjustment be directed to acknowledge in the decision, and to modify the Certificate of Official to reflect that the approval by the Committee is for a Consent to mortgage and not a Consent to convey. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 30, 2006. Carried ADJOURNMENT On motion, the meeting adjourned at 12:45 p.m. Dated at the City of Kitchener this 30th day of March, 2004. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment