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HomeMy WebLinkAboutAdjustment - 2004-04-20 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 20, 2004 MEMBERS PRESENT: Messrs. D. Cybalski, B. Isaac and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. Brent, Assistant Secretary-Treasurer and Ms. D. Gilchrist, Secretary-Treasurer. Mr. D. Cybalski, Vice-Chair, called the meeting to order at 9:35 a.m. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of March 30, 2004, as mailed to the members, be accepted. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac Carried That Dianne Gilchrist be appointed the Secretary-Treasurer of the Committee of Adjustment, Janet Billett be appointed the Acting Secretary-Treasurer of the Committee of Adjustment, and Rhonda Brent be appointed the Assistant Secretary-Treasurer of the Committee of Adjustment. Carried UNFINISHED BUSINESS MINOR VARIANCE & CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 Dean & Milan Kovacevic 867 Frederick Street Lot 2, Plan 712 Appearances: In Support: Mr. M. Kovacevic Contra: None Public Submissions: Ms. D. Hallman The Committee was advised that the applicants request permission to convey 3 parcels of land: the first to have a width on Frederick Street of 32.55 m (144.39 ft.) by a depth of 44.12 m (144.75 ft.) on Avon Road, for future development. The second lot will have a width on Avon Road of 13.69 m (44.92 ft.), a depth of 30.48 m (100 ft.) and an area of 418 m2 (4,499.31 sq. ft.). The third lot will have a width on Avon Road of 13.59 m (44.6 ft.) a depth of 30.48 m (100 ft.) and an area of 414.22 m2 (4,460 sq. ft.). These 2 lots will be developed with triplexes, and will have rights-of-way over each other's driveways to allow access to parking lots in the rearyards. It is proposed that the 2 lots to be developed with triplexes will have lot widths of 13.69 m (44.92 ft.) and 13.59 m (44.6 ft.) rather than the 15 m (49.21 ft.). The retained land will contain the existing dwelling. COMMITTEE OF ADJUSTMENT 59 APRIL 20, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That, consideration of Submission No. B 2003-064 to B 2003-066 and A 2003-091 & A 2003- 092 BE DEFERRED to July 13, 2004; and further, That the applicants provide copies of letters from neighbours, abutting 867 Frederick Street, that they understand the proposed development at 867 Frederick Street may affect the trees on their property. Also, a Tree Management Report must be provided to the City's Environmental Planner, prior to the meeting. Carried This meeting recessed at 10:00 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 2004-023 Eastforest Homes Ltd. 130 Peach Blossom Crescent Registered Plan 58M-238, Part Block 9, Reference Plan 58R-13651, Part 67 Appearances: In Support: Mr. K. Hillis Contra: None Public Submissions: None The Committee was advised that the applicant requests permission for a front yard setback of 5.88 m (19.29 ft.) rather than the required 6 m (19.68 ft.). The Committee considered the report of the Development & Technical Services Department, dated April 13, 2004, recommending approval of the variances. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 13, 2004, advising they have no concerns with this application. The Committee noted that this particular builder is coming to the Committee too many times for variances such as this one. It was suggested that the builder take more care when pouring foundations. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Eastforest Homes Ltd. requesting legalization of an existing single family dwelling with a front yard setback of 5.88 m (19.29 ft.) rather than the 6 m (19.68 ft.) on Part Block 9, Registered Plan 58M-238, being Part 67, Reference Plan 58R-13651, 130 Peach Blossom Crescent, 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. COMMITTEE OF ADJUSTMENT 60 APRIL 20, 2004 1. Submission No.: A2004-023 (Cont'd) The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Leqal Description: A 2004-024 Harold & Patti Morgan 864 Guelph Street Plan 763, Part Lots 1 & 2 Appearances: In Support: Mr. & Mrs. Morgan Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization of an easterly sideyard at the front corner of the house of 0.204 m (0.67 ft.) rather than the required 1.2 m (4 ft.). The Committee considered the report of the Development & Technical Services Department, dated April 13, 2004, in which they recommend the application be refused, as the proposed lot configuration does not allow sufficient separation from the lot line, nor does it leave enough space for the resident of the subject property to go between the front and side yard without going over the neighbour's property. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 13, 2004, advising they have no concerns with this application. Mr. & Mrs. Morgan stated that there was no need for people to access the house at that point. The Committee questioned Mr. Morgan as to whether a fence could be placed on the lot line in that location. Mr. Morgan responded that he would not be putting up a fence; however, it is possible that a future owner could put a fence in. The Committee questioned how this application differs from an application a few months ago. Mr. Sloan advised that the applicant recently received approval to sever the subject property to create a new lot for a new dwelling. Planning staff had concerns with the configuration of the new lot at that time. The severance was based on the demolition of a front porch and side portion of the existing dwelling. Mr. Morgan stated that there was an error on the original severance drawing and the front of the existing dwelling appears to be an enclosed porch which is actually a bedroom, and they are therefore unable to demolish this portion of the house. Mr. Sloan offered two possible solutions: That they enter into a maintenance/encroachment agreement over the new lot in favour of the subject lands which would allow the resident to have access all the way around the dwelling for maintenance or other purposes; or submit a new Application for Consent for a different lot configuration. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Harold and Patti Morgan requesting permission for a sideyard at the front of the house of 0.204 m (0.67 ft.) on Part Lots 1 & 2, Plan 763, 864 Guelph Street, Kitchener, Ontario, BE DEFERRED, to the meeting of June 8, 2004, to allow the applicant an opportunity to submit an Application for Consent revising the portion of the severance line at the front of the lot so that it provides the required sideyard for the existing house. Carried COMMITTEE OF ADJUSTMENT 61 APRIL 20, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-025 Bert Lux 23 Anvil Street Lot 36, Registered Plan 1495 Appearances: In Support: Mr. J. Ontonovich Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct an addition with a rearyard setback of 6.18 m (20.3 ft.) rather than 7.5 m (24.6 ft.). The Committee was in receipt of a written request from the applicant's agent to amend the application to include a sideyard variance for the new addition of 0.91 m (3 ft.) rather than the required 1.2 m (4 ft.). The Committee considered the report of the Development & Technical Services Department, dated April 13, 2004, recommending the application be amended to include the proposed side yard of 0.91 m, and that the amended application be approved. The Committee considered the comments of the Region's Transportation Planner, dated April 13, 2004, advising they have no concerns with this application. Mr. Ontonovich requested permission to amend this application as outlined in his written request, and recommended by staff. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Bert Lux requesting permission to construct a rear addition with an easterly sideyard of 0.91 m (3 ft.) rather than the required 1.2 m (4 ft.) and a rear yard of 6.18 m (20.3 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 36, Registered Plan 1495, 23 Anvil 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.: A 2004-026 Applicant: Don Stuebing Property Location: 502 Mill Street Leqal Description: Lot 347, Plan 262 Appearances: In Support: Mr. D. Stuebing Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 62 APRIL 20, 2004 4. Submission No.: A2004-026 (Cont'd) The Committee was advised that the applicant requests permission to construct a deck/carport with a setback from Sydney Street of 3.38 m (11.09 ft.) rather than 6m (19.68 ft.); an interior side yard of 1.106 m (3.63 ft.) rather than 1.2 m (4 ft.); and a rear yard of 0.5181 m (1.7 ft.) rather than 1 m (3.28 ft.). The Committee considered the report of the Development & Technical Services Department, dated April 14, 2004, advising the property is located at the corner of Mill Street and Sydney Street South, and the use of the property is a single detached residential dwelling. The applicant is requesting a minor variance to allow a carport addition with a deck on top, which will have an interior side yard of 1.106 m (3.63 ft.), a side yard abutting Sydney Street of 3.38 m (11.09 ft.) and a rear yard of 0.518 m (1.69 ft.). The zoning by-law requires an interior side yard of 1.2 m (4 ft.), a setback from Sydney Street of 6 m (19.69 ft.), and a rear yard of 1 m (3.28 ft.). The City's Transportation Planner advises that while there are no concerns with this application, the following should be noted: a) the remaining section of illegal parking to the immediate left of the new driveway will be required to be reinstated with grass boulevard; and, b) parking in front of the proposed carport is not legal as vehicles parked in this area infringe on the City right-of-way. Development & Technical Services staff recommend approval of this application subject to the following: a) there shall be no fence or other attachment to the carport or deck; b) any eavestrough shall not encroach onto the adjacent property, and all drainage shall be directed onto the applicant's property; and, c) the applicant shall reinstate the existing driveway in front of the house with sod, to the satisfaction of the Director of Transportation Planning. The Committee considered the comments of the Region's Transportation Planner advising they have no concerns with this application. Mr. Stuebing advised the purpose of the application is to have a deck, and at the same time increase the amount of parking on site. He proposes to locate a storage shed and 1 parking space under the deck. The existing parking on site, including parking vehicles over the lot line, will remain the same. Currently he has a vehicle parked in one of the attached garages, and the other garage is no longer used for parking and storage, and the garage door has been replaced with a man door. He advised he is opposed to the staff recommendation to reinstate sod in front of the existing garages because 1 of them is still being used as a garage. Mr. Sloan advised that the parking on the City owned right-of-way is illegal. He stated that the proposed carport could accommodate 2 parking spaces, and staff hoped the applicant would reinstate the grass area in front of the right-of-way. If storage is left in the existing garage, one parking space could be located in the garage, with the storage, and two parking spaces could be located in the proposed carport. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Don Stuebing requesting permission to erect a carport / deck with a setback from Sydney Street of 3.38 m (11.09 ft.) rather than the required 6 m (19.69 ft.), an interior side yard of 1.106 m (3.63 ft.) rather than the required 1.2 m (4 ft.), and a rear yard of 0.518 m (1.70 ft.) rather than the required 1 m (3.28 ft.), on Lot 347, Plan 262, 502 Mill Street, Kitchener, Ontario, BE APPROVED, subject tot he following conditions: COMMITTEE OF ADJUSTMENT 63 APRIL 20, 2004 4. Submission No.: A 2004-026 (Cont'd) 1. That the variances as approved in this application shall apply to the carport and deck generally as shown on the plans submitted with this application. That there shall be no fence or other attachment to the carport / deck. That any eavestrough shall not encroach onto the adjacent property, and all drainage shall be directed onto the applicants' property. The owner shall reinstate the existing driveway, in front of the garage closest to Mill Street, with sod to the satisfaction of the Director of Transportation Planning. It is the opinion of this Committee that: The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Carried A 2004-027 Jeff Hauck 264 Dodge Drive Part Lot 2, Beasley's New Survey, being Part 1, Reference Plan 58R- 12421 Appearances: In Support: Mr. J. Hauck Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to construct a single family dwelling with a westerly sideyard at the corner of an attached garage of 4.12 m (13.52 ft.) rather than 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated April 8, 2004, in which they advise the applicant is requesting a minimum westerly sideyard of 4.12 m rather than 7.5 m to accommodate construction of a single family dwelling. They recommend approval of this application. The Committee considered the comments of the Region's Transportation Planner, dated April 13, 2004, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated April 14, 2004, advising they have no objections to this application, as they have previously reviewed development of this property through a severance application. When questioned by the Committee as to why the sideyard requirement could not be met, Mr. Hauck advised he did not know the required sideyard was so large at the time the house was designed. Mr. Janecki spoke in opposition to the application, as the lot is very large, and a house can be located on the lot in compliance with zoning requirements. COMMITTEE OF ADJUSTMENT 64 APRIL 20, 2004 5. Submission No.: A2004-027 (Cont'd) Mr. Hauck noted the lot elevations advising the house had to be designed to work with the slopes on the lot. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Brian Hauck requesting permission to construct a single family dwelling and garage with a westerly sideyard of 4.12 m (13.52 ft.) rather than the required 7.5 m (24.6 ft.) on Part Lot 2, Beasley's New Survey, being Part 1, Reference Plan 58R-12421, 264 Dodge Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Mr. Janecki voted in opposition to this application. Submission No.: Applicant: Property Location: Legal Description: A 2004-028 1291029 Ontario Limited 1254 Union Street Part Lot 10, Subdivision of Lot 59, German Company Tract, being Parts 1,2 & 8, Reference Plan 58R-422 Appearances: In Support: Mr. J. Ward Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to extend the use within an existing industrial building to allow 4 dwelling units rather than 1 dwelling unit permitted as an accessory use only, for the exclusive use of the owner of the lot or caretaker/security guard, necessary for the protection and maintenance of the lot. The Committee considered the report of the Development & Technical Services Department, dated April 15, 2004, recommending this application be refused. This property is designated General Industrial in the North Ward Neighbourhood Secondary Plan, which permits a broad range of industrial uses. The Secondary Plan does not specifically identify accessory residential uses or dwelling units as a permitted use in the General Industrial designation. The property is zoned General Industrial M-2, which zoning permits a range of industrial uses. The zoning also permits a maximum of one dwelling unit provided it is for the "exclusive use of the owner of the lot or a caretaker or security guard whose presence on the premises is necessary for the protection and maintenance thereof". The report continues by noting the application seeks permission for four residential units, and summarizes the primary issues to be considered, including: land use compatibility and Ministry of the Environment Guidelines. COMMITTEE OF ADJUSTMENT 65 APRIL 20, 2004 6. Submission No.: A2004-028 (Cont'd) Mr. Ward requested the Committee to defer its consideration of this application to July 13, 2004, to allow him an opportunity to discuss the issues raised in the Development & Technical Services Department report with staff. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That consideration of Submission No. A 2004-028, 1254 Union Street, Kitchener, be deferred to the Committee of Adjustment meeting scheduled for July 13, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-029 Penretail II Limited 655 Fairway Road South Part of Lot 2, Registered Plan 1525 Appearances: In Support: Mr. S. Salis Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission for a reduction of 4 parking spaces, required in conjunction with construction of a 92.2 m2 (992.47 sq. ft.) open storage mezzanine addition to the rear of the Sportchek store, with a total of 612 parking spaces on the commercial-retail site rather than 616. The Committee considered the report of the Development & Technical Services Department, dated April 5, 2004, advising the property is currently being developed with large format retail outlets. The applicant is requesting a minor variance to permit a 92.2 m2 mezzanine to be added, without providing any additional parking. The mezzanine will be used for storage, and will not accommodate any additional retail floor area or office space. Staff recommend approval of this application, provided the maximum gross floor area of the site is limited to 16,291.2 m2, and the mezzanine to be added to Block "D2" is used only for storage purposes. The Committee considered the comments of the Region's Transportation Planner, dated April 13, 2004, advising they have no objections to this application. The Committee questioned where storage would be located if this application is not approved, and was advised that more frequent deliveries would have to be made. The applicant advised that this unit was not originally designed for a Sportchek store. When the occupant was determined, and the store designed, it became apparent the storage space was not sufficient. Mr. Janecki advised he can not support this application as the other units in the building are accommodating storage for their occupants. When questioned by the Committee, the applicant advised that approval of this application will reduce the amount of truck traffic in and out of the side, as without this additional space products will have to be delivered to the site more frequently. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Penretail II Limited requesting permission to construct a mezzanine having an area of 92.2 m (992.47 sq. ft.), to be used for storage only, and to provide 600 off-street parking spaces rather than the required 708 off-street parking spaces, on Part Lot 2, Registered COMMITTEE OF ADJUSTMENT 66 APRIL 20, 2004 7. Submission No.: A2004-029 (Cont'd) Plan 1525, 655 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the maximum total gross floor area of this site shall be limited to 16,291.2 m2 (175,357 sq. ft.), and the 92.2 m2 (992.47 sq. ft.) mezzanine to be added to Block "D2" shall be used only for storage purposes. It is the opinion of this Committee that: The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Mr. Z. Janecki voted in opposition to this application. A 2004-030 Eastforest Homes Ltd. 213 Snow Drop Crescent Submission No.: Applicant: Property Location: Legal Description: Part Block 15, Part 25, Registered Plan 58M-300, Reference Plan 58R-14269 Appearances: In Support: Mr. K. Hillis Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to construct a townhouse dwelling having a southerly sideyard of 2.42 m (7.94 ft.) rather than 2.5 m (8.2 ft.). The Committee noted the report of the Development & Technical Services Department, dated April 13, 2004, recommending approval of this application. The Committee noted the comments of the Region's Transportation Planner, dated April 13, 2004, advising they have no concerns with this application. The Committee commented that Eastforest Homes has applications before this Committee on a regular basis, and they must take more care when pouring foundations. Mr. Hillis advised he will convey the Committee's concerns to the applicant. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Eastforest Homes Ltd. requesting permission for a townhouse having a left sideyard of 2.42 m (7.94 ft.) rather than the required 2.5 m (8.2 ft.), on Part Block 15, Registered Plan 58M-300, being Part 25, Reference Plan 58R-14269, 213 Snow Drop Crescent, 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. COMMITTEE OF ADJUSTMENT 67 APRIL 20, 2004 8. Submission No.: A2004-030 (Cont'd) The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission Nos.: Applicant: Property Location: Legal Description: B 2004-020 to B 2004-025, incl. 304268 Ontario Limited 527 Pioneer Tower Road Part Lot 12, Beasley's Broken Front Concession, Being Part of Part 1, Reference Plan 58R-6204 Mr. Z. Janecki advised that he is employed by a planning consultant firm that has a client who is a property owner / developer in the Pioneer Tower West area, and who owns land to the west of the subject property. He advised that the outcome of the subject applications will not affect his clients' lands or development proposals in any way. Consequently, Mr. Janecki advised that he does not have a conflict of interest or pecuniary interest with these applications. Appearances: In Support: Mr. P. Britton Mr. P. Chauvin Mr. T. Bochinno Mr. P. George Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey 6 parcels of land to be used for single family dwellings, with lot widths on Black Maple Court ranging from 19.73 m (64.7 ft.) to 21.19 m (69.52 ft.); depths ranging from 35.9 m (117.78 ft.) to 41.58 m (136.42 ft.); and areas ranging from 0.084 ha (0.207 ac) to 0.102 ha (0.252 ac). The Committee considered the report of the Development & Technical Services Department, dated April 15, 2004, advising the lots to be created through these applications are proposed to front Black Maple Court within Draft Approved Plan of Subdivision 30T-01206, and will be serviced through that subdivision. The lots cannot be finally severed until Draft Plan of Subdivision 30T-01206 has been registered, and Black Maple Court constructed, in order that access to these lots and services can be provided. The Development and Technical Services Department recommends approval of these applications subject to 10 conditions. The Committee considered the report of the Region of Waterloo Planning, Housing and Community Services, dated April 14, 2004, in which they advise the subject property falls within a drainage buffer and is considered to have archaeological potential. As well, the properties are in close proximity to the Kitchener Wastewater Treatment Plant; as a result, odour levels may occassionally cause concerns to some individuals. They recommend approval of these applications subject to 4 conditions. The Committee considered the comments of the Grand River Conservation Authority, dated April 14, 2004, advising they have no objections to these applications. The Committee received an explanation of these applications from Mr. Britton, who also advised that the applicant agrees with the 4 conditions requested by the Region of Waterloo, and will not oppose condition #3, as long as it does not become a precedent for other cost sharing measures. He also advised that the applicant is opposed to the City's requested condition #10 with respect to parkland dedication. His position is that parkland dedication can not apply to the retained land. COMMITTEE OF ADJUSTMENT 68 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) In support of his position with respect to parkland dedication, Mr. Britton provided Committee members with the following: a) an extract from the City of Kitchener Municipal Plan, b) an extract from Section 53 of the Planning Act, c) a copy of an Ontario Municipal Board decision, issued September 26, 2001, with respect to an appeal filed by Ted Radema from a decision of the Town of Midland Committee of Adjustment, d) colour photographs of the retained land including the house situated on the property. Mr. Britton argued that the City's Municipal Plan states "...that subdivision or development of land for residential .... purposes, require that the amount of up to 5 percent of all land proposed for development be conveyed to the City...". Also, the Planning Act states, in Section 53(13) that "...the value of the land shall be determined as of the day before the day the provisional consent was given." Mr. Britton argued that the retained land is not the land to be developed; consequently, parkland dedication should not be applicable to the retained land. Further, the City is requesting a dedication of land for all the new lots across the retained land. The purpose of this dedication is to link together the Walter Bean Trail which ends at either side of the retained land. The amount of land to equal 5% is narrower than the width of the trail, and would be located at the slope to the river. If an appropriate width is to be required from this retained lot, it would take in part of the house and outdoor play area, as can be seen in the photographs provided. It was Mr. Britton's opinion that the condition is not appropriate, and he provided the Committee members with wording for a condition which would require a cash-in-lieu payment for parkland dedication for the 6 new lots to be created. Mr. Sloan advised that the Walter Bean Grand River Trail is built up to this property. The City's Municipal Plan contains a policy to have a continuous link along the Grand River. The approval of these applications creates 6 new lots; however, the retained land is also separately conveyable. This land can also be developed, and it will be added to a block in the new subdivision in order to gain access to a public street and connect to services. With respect to the trail, the most logical situation would be to take land which would go through the house; however, it would be more reasonable to take land at the rear of the property, close to the slope; this way the house could still maintain a 7.5 m rearyard. If the City wants different land or more land, it would have to negotiate with the owner. Mr. Britton noted the Walter Bean Grand River Trail Association was surprised the owners were not advised the City would request this condition. Further the Planning Act defines development as increasing intensity or use of land. The retained land contains a single family dwelling, and that is the maximum allowed. Staff are attempting to do something indirectly which they should have done directly. Staff are also trying to give the impression the trail is complete in this area, but it is not a continuous trail. It was noted the house currently enjoys a wonderful setting and has privacy. Mr. Chauvin advised the location for the trail through this property is 15 m from the top of the bank, which can not be done on this lot without going through the house. Mr. Chauvin also advised that up to the end of last week, staff were recommending a cash contribution for parkland dedication. He stated that if the City wanted to pursue a trail link, they should have approached the owner. Upon questioning by the Committee, Mr. Sloan advised that the City could enter into discussions with the owner, even if the condition requested by staff is imposed by this Committee, if the City would like to have a wider open space link. Mr. Britton noted that even if the applications proceed today, there is still plenty of time to have discussions between the City and the owner, as the adjacent plan of subdivision will not be registered until July. COMMITTEE OF ADJUSTMENT 69 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) The Chair stated that he would only support a cash-in-lieu contribution based on the 6 new lots to be created. He noted there is no 1 ft. reserve adjacent to the retained land, indicating recognition of the existing situation. He stated he takes issue with the City trying to obtain land for the trail, finding this attempt difficult to support. He recommended these applications be approved, subject to the Region's requested conditions, with their condition #3 being imposed without prejudice to future applications. He also recommended imposition of the first 9 conditions requested by the City, and a 5% cash-in-lieu of parkland dedication based on the value of the 6 new lots to be created, on the day prior to the date of these decisions. Submission No. B 2004-020 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 21.19 m (69.52 ft.) by a depth of 41.58 m (136.41 ft.) and an area of 0.102 ha (0.25 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submit an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: COMMITTEE OF ADJUSTMENT 70 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to this application. COMMITTEE OF ADJUSTMENT 71 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 20, 2006. Carried Submission No. B 2004-021 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 22.25 m (73 ft.) by a depth of 40.79 m (133.82 ft.) and an area of 0.091 ha (0.224 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submit an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." COMMITTEE OF ADJUSTMENT 72 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. COMMITTEE OF ADJUSTMENT 73 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to the this application. 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 April 20, 2006. Carried Submission No. B 2004-022 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 20.73 m (68.01 ft.) by a depth of 40.74 m (133.66 ft.) and an area of 0.084 ha (0.207 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submit an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: COMMITTEE OF ADJUSTMENT 74 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is COMMITTEE OF ADJUSTMENT 75 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to the this application. 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 April 20, 2006. Carried Submission No. B 2004-023 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 20.73 m (68.01 ft.) by a depth of 40.68 m (133.46 ft.) and an area of 0.084 ha (0.207 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submit an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide COMMITTEE OF ADJUSTMENT 76 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. COMMITTEE OF ADJUSTMENT 77 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to the this application. 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 April 20, 2006. Carried Submission No. B 2004-024 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 20.73 m (68.01 ft.) by a depth of 40.63 m (133.3 ft.) and an area of 0.084 ha (0.207 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submit an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. COMMITTEE OF ADJUSTMENT 78 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) 2. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". That the owner shall make satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. COMMITTEE OF ADJUSTMENT 79 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to the this application. 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 April 20, 2006. Carried COMMITTEE OF ADJUSTMENT 80 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) Submission No. B 2004-025 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of 340268 Ontario Limited requesting permission to convey a parcel of land having a width on proposed Black Maple Court of 19.73 m (64.73 ft.) by a depth of 40.57 m (133.1 ft.) and an area of 0.092 ha (0.227 acres), on Part Lot 12, Beasley's Broken Front Concession, being Part of Part 1, Reference Plan 58R-6204, 527 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall submits an archaeological assessment for the subject lands to the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. a) That the owner shall enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this development. b) That the owner shall include the following statement in all agreements of lease or purchase and sale that may be entered into prior to final consent approval: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale have not yet been granted final consent approval under Section 53 of the Planning Act. The fulfillment of all conditions of approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit final consent approval. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of approval satisfied, including the availability of servicing, until the certificate of consent is granted." That the owner shall provide the Regional Municipality of Waterloo with both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8 (King Street East). That in accordance with the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner shall enter into an agreement with the Regional Municipality of Waterloo which contains the following clauses: a) that the dwellings constructed will be constructed with a central air conditioning system; and b) that the owner will include the following clause in the Agreements of Purchase and Sale and / or Rental Agreements: "Due to its proximity to the Kitchener-Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour". COMMITTEE OF ADJUSTMENT 81 APRIL 20, 2004 1. Submission Nos.: B 2004-020 to B 2004-025, incl. (Cont'd) That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, the required road widening along the property's entire Old Pioneer Tower Road frontage. That Black Maple Court, within draft plan 30T-01206, shall be constructed and opened as a public right-of-way to the satisfaction of the Director of Engineering. That the owner shall confirm that the servicing and stormwater management for these lots is in accordance with preliminary reports submitted with the applications and that financial arrangements have be made for the installation of said services, to City standards, to the satisfaction of the Director of Engineering. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and sidewalk on the severed and retained lands. 10. That the one foot reserve along the frontage of Black Maple Court shall be opened by By- law by the appropriate authority. 11. That the owner shall enter into an agreement with the City of Kitchener that prior to the issuance of building permits the City's Chief Building Official shall be satisfied that satisfactory arrangements have been made for the installation and maintenance of for a direct-to-fire alarm monitoring system in each dwelling unit to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to the occupancy of each dwelling, the owner shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 12. That the subject lands shall be consolidated with Blocks 6 and 7 of 30T-01206, as determined through the registration of 30T-01206, in order to provide appropriate frontage on proposed Black Maple Court and that the lands to be consolidated be taken in identical ownership and that any subsequent conveyance shall comply with Sections 50(3) and/or (5) of the Planning Act. 13. That the existing access to Old Pioneer Tower Road shall be closed and a new driveway constructed to Black Maple Court to the satisfaction of the Director of Engineering. 14. That the owner shall pay to the City of Kitchener an amount equal to five percent of the value of the severed land. For the purpose of determining the amount of the payment, the value of the lands shall be determined as of the day before the date of the decision of the Committee of Adjustment relating to the this application. 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 82 APRIL 20, 2004 Submission Nos.: B 2004-020 to B 2004-025, incl. (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 April 20, 2006. Carried Submission Nos.: Applicant: Property Location: Legal Description: B 2004-026 583018 Ontario Ltd. 173 Woolner Drive Part Lots 117, 118 and 124, German Company Tract, and Part of Lots 12 & 13, Registered Plan 591 Appearances: In Support: Mr. B. Green Dr. K. Fung Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land for proposed residential plan of subdivision with a width on Fairway Road of 277 m (908.79 ft.) and an area of 41.48 ha (102.5 ac). The Committee considered the report of the Development & Technical Services Department, dated April 15, 2004, advising the subject property is located in the Grand River South Community, and the land is currently being processed as part of a draft plan of subdivision and zone change for residential use, a commercial block, a stormwater management facility, and parkland open space. This application proposes the severance of the commercial block from the remainder of the land, with this commercial block to be retained by the current owner. Staff recommend approval of this application, subject to conditions. The Committee considered the comments of the Grand River Conservation Authority, dated April 13, 2004, noting they have no objections to this application, as the floodlines for Idlewood Creek have been updated, and the proposed lot lines are outside the regulatory floodline for Idlewood Creek. The Committee considered the report of the Region of Waterloo Planning, Housing and Community Services, dated April 14, 2004, advising a preliminary archaeological assessment indicates a moderate to high potential for the recovery of archaeological remains; consequently, an archaeological assessment is required. They also advise that Regional road issues will be addressed through the plan of subdivision and site plan approval process. Mr. Green addressed the Committee advising that the applicant has received an offer to purchase the severed land. With respect to the retained lands, all maters with respect to the floodline have been addressed. With respect to the report of the Development & Technical Services Department, Mr. Green advised that the owner has always been conscious of this property's servicing limitations. Based on Schedule 4 in the Grand River South Community Plan, this property is clearly in the Lackner Woods catchment area for the existing pumping station. Last year the Fairway Road extension was constructed, including the watermain. The sanitary sewer connection for this property is in place, at the property line. A report was submitted a year ago, prepared by Earth Tech, outlining servicing to this property from Fairway Road. Considering draft approval for this property is anticipated in June, the City has given no indication that the property can not be serviced from Fairway Road. Mr. Green advised the owner will not oppose the City's requested Condition #1; however, believes this matter has already been addressed. COMMITTEE OF ADJUSTMENT 83 APRIL 20, 2004 2. Submission Nos.: B 2004-026 (Cont'd) Mr. Sloan stated that the City's Engineering staff advise that the engineering study referred to by Mr. Green has not yet been approved. However, they do advise there is capacity through the existing pumping station. He suggested the requirement in condition 1 is a good way to move forward with this application. The Committee suggested that if the sanitary sewer was constructed on Fairway Road, it would have been designed to accommodate the flow. The commercial property could be serviced by the Lackner Woods pumping station. It was generally agreed that the City's condition #1 be changed to require confirmation that the engineering study submitted by the applicant shows that the Lackner Woods pumping station has enough capacity to accommodate the proposed development on the commercial site. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of 583018 Ontario Ltd. requesting permission to convey a parcel of land having a width on Fairway Road of 277 m (908.79 ft.), an irregular shape, and an area of 41.48 ha (102.5 acres), on Part Lots 117, 118 and 124, German company Tract, and Part Lots 12 & 13, Registered Plan 591, 173 Woolner Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall hire a consultant archaeologist to carry out an archaeological survey and rescue excavation of any significant archaeological remains found on the site, to the satisfaction of the Ministry of Culture, prior to any grading or construction taking place on the severed and retained lands. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing & Community Services for clearance of this condition. That the owner shall receive confirmation from the City's Engineering Services that the servicing study submitted to the City of Kitchener, prepared by Earth Tech shows that the Lackner Woods Pumping Station has enough capacity to accommodate the proposed development on the commercial site (the lands to be retained). 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 April 20, 2006. Carried COMMITTEE OF ADJUSTMENT 84 APRIL 20, 2004 Submission Nos.: Applicant: Property Location: Legal Description: B 2004-027 Forest Glen Venture Corporation & Dalimat Investments Limited 700 Strasburg Road Part Block A, Registered Plan 1416, being Part 1, Reference Plan 58R-2575 Submission Nos.: Applicant: Property Location: Legal Description: - and - B 2004-028 Dalimat Investments Limited Ritten House Road Part Block A, Registered Plan 1416, being Part 2, Reference Plan 58R-2575 Appearances: In Support: Mr. M. Byass Ms. M. Murphy Contra: Mr. & Mrs. M. Nash Public Submissions: None The Committee was advised that in Submission No. B 2004-027 the applicant requests permission to convey a parcel of land with a width on Block Line Road of 35.81 m (117.49 ft.), a depth of 91.12 m (298.95 ft.) and an area of 2,977.33 m2 (32,048.76 sq. ft.) to continue to be used as commercial. The Committee was also advised that in Submission No. B 2004-028 the applicant requests permission To convey a parcel of land with a width on Block Line Road of 23.21 m (76.15 ft.), a depth of 81.48 m (267.32 ft.) and an area of 1,823.275 m2 (19,626.21 sq. ft.). The Committee noted the comments of the Development & Technical Services Department, dated April 14, 2004, recommending consideration of these applications be deferred until July 13, 2004, as neither parcel has access to Municipal services on Block Line Road, and one of the parcels requires a zone change with respect to its inadequate lot area. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated April 14, 2004, advising that the subject properties have been identified as having suspected contamination. Any approval of these applications should be subject to completion of a Record of Site Condition, with same being acknowledged by the Ministry of Environment. Mrs. A. Nash advised the Committee she lives on The Country Way and her property backs onto the rear of the plaza property. Her concern is that a building on the subject property will block the light to her property. Mr. Byass advised it is proposed the severed parcels will merge as one. He agreed to the deferral recommended by staff, which will allow an opportunity to discuss with the Region its requested condition. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That consideration of Submission B 2004-027 - 700 Strasburg Road, and Submssion B 2004-028 - Rittenhouse Road, be deferred to the Committee of Adjustment meeting scheduled for July 13, 2004. Carried COMMITTEE OF ADJUSTMENT 85 APRIL 20, 2004 Submission Nos.: Applicant: Property Location: Legal Description: B 2004-029 Riennie Holdings Limited 452 Connaught Street Part of Lot 177, Registered Plan 254 As no one appeared in support of the application the Committee agreed to defer consideration of this application to its meeting scheduled for May 11,2004. ADJOURNMENT On motion, the meeting adjourned at 12:45 p.m. Dated at the City of Kitchener this 20th day of April, 2004. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment