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HomeMy WebLinkAboutAdjustment - 2004-07-13 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 13, 2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Mr. L. Masseo, Manager of Design & Development, Ms. R. J. Brent, Assistant Secretary-Treasurer, Ms. D. Gilchrist, Secretary-Treasurer, and Mr. C. Goodeve, Committee Administrator Mr. D. Cybalski, Vice - Chair, called this meeting to order at 9:35 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment of June 8, 2004, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-028 1291029 Ontario Limited 1254 Union Street Part Lot 10, Municipal Compiled Plan of Lot 59, German Company Tract, and Part Lot 202, Streets and Lanes, being Parts 1,2 & 8, Reference Plan 58R-1977 Appearances: In Support: Mr. H. Handy Ms. C. Lindsay Mr. & Mrs. R. Doyle Mr. I. Faruzel Mr. T. Branny Mr. L. Lindner Mr. B. Hammen Councillor J. Smola Contra: None Written Submissions: Mr. R. Straus The Committee was advised that the applicant requests 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. Subsequent to submitting their application, the applicant submitted a "Report on Feasibility Study of Proposed Project at 1254 Union Street, Kitchener, Ontario". Attached to this report are letters of support for this project from the following: COMMITTEE OF ADJUSTMENT 117 JULY 13, 2004 1. Submission No.: A2004-028 (Cont'd) · Ernst & Young, 515 Riverbend Drive · Alpine Club, 464 Maple Avenue · Esvari Development & Construction Inc., 100 Campbell Avenue, Unit #1, Suite #1 · Maple Auto Repair, 26 Sereda Road · Marks Supply Inc., 300 Arnold Street · Terry Scott White Photgraphy, · Marilyn Fanuzel, · CB Richard Ellis Real Estate Services Inc. The Committee considered the report of the Development & Technical Services Department dated July 8, 2004, in which they advised that the subject property is located at 1254 Union Street near Sereda Road. The property is 2.28 hectares in size, and contains a 1,300.6 square metre vacant industrial building. The industrial building was built in the early 1900s, and was a former steel plant. The site also contains remnants from former buildings and some natural vegetation. The site has a sloping topography, and backs onto the Conestoga Expressway. The property is located in a mixed use neighbourhood. The neighbourhood includes a broad range of industrial uses located on Sereda Road, Arnold Street and Maple Avenue, a limited range of commercial uses, and Iow-rise residential uses surrounding the industrial properties. The property is designated General Industrial in the North Ward Neighbourhood Secondary Plan. This Secondary Plan land use designation permits a broad range of industrial uses such as manufacturing, automobile service stations, industrial businesses, repair services, technical and scientific businesses, transportation depots and transport terminals, warehouses, limited office uses and complementary uses which do not interfere with, nor are detrimental to the development of industrial operations. Several properties in the area include site specific uses which permit slaughtering, eviscerating, rendering or cleaning of meat/poultry products. The Municipal Plan contains two sets of land use policies for the General Industrial land use designation. Compared to the general policies, the Secondary Plan policies are primarily intended for industrial uses, and do not specifically identify accessory residential uses or dwelling units as a permitted use. The Municipal Plan does recognize the evolution between residential and industrial uses in older parts of the City. The general land use policies permit residential uses subject to being implemented through the Zoning By-law as an Industrial Residential Zone (M-l). The subject property is zoned General Industrial Zone (M-2). The M-2 Zone category permits a range of industrial uses such as manufacturing, transportation depot, warehousing, wholesaling, and a limited range of complementary uses and a dwelling unit. Dwelling units are regulated under the M-2 zoning. Section 20.3.1 of the By-law indicates (the basic intent) a dwelling unit is permitted as long as 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 applicant submitted a minor variance application to permit four residential units in the existing building. Planning staff reviewed this application, and determined that the proposed application did not meet the intent of the Municipal Plan policies or Zoning By-law described in Planning Report dated April 15, 2004. The application was also considered pre-mature without further information related to the following issues: 1. General land use compatibility issues; 2. Ministry of Environment Guidelines criteria; 3. Meeting the general intent of the Municipal Plan policies and Zoning By-law; 4. Status of the accessory/primary use, and; 5. Industrial land industrial retention. Given the Municipal Plan policies and Zoning By-law regulations, and without any background information to evaluate the proposed variance, Planning Staff made a recommendation to refuse the application. COMMITTEE OF ADJUSTMENT 118 JULY 13, 2004 1. Submission No.: A2004-028 (Cont'd) The Committee of Adjustment reviewed the application, and made a decision to defer it to provide an opportunity for the applicant to prepare additional information in support of the application and address the City's Planning Division concerns. The applicant retained Data Tech to prepare a Feasibility Study dated June 2004. The purpose of this report is to provide the environmental impact information of the development project at 1254 Union Street based on the comments received from Planning Staff. On June 30th, the applicant's agent, GSP Group, revised the minor variance application to permit four live-work studios. The Feasibility Study addresses numerous issues raised by Planning staff. The applicant has retained the GSP Group to provide planning services for the subject property. The consultant's letter, dated June 30th, 2004, generally indicates that the proposed project would be a positive force in the renewal of the neighbourhood, and the remainder of the site could be redeveloped for future office component shown on their attached concept plan. The consultant indicates that the Feasibility Study appropriately addresses Planning Staff comments. The consultant provides their own interpretation of the City's Municipal Plan policies and Zoning By-law, and notes that the proposed uses (four live-work studio units) cannot be prohibited under the current planning framework. The consultant further notes that the regulation restriction to one unit is based on an "anachronistic notion that only a caretaker or owner that has to live on the site should be permitted on the same lot". In reviewing this planning opinion letter, Planning staff agree with several statements including that the proposed use would contribute to the neighbourhood, the proposed dwelling units should be tied to the work place, and that the planning regulations are somewhat dated. Planning staff note however, that even though the dwelling unit regulation is dated, and may be somewhat anachronistic, the basic intent continues to remain. This issue could only be resolved through a comprehensive zoning amendment, or, evaluated on a site by site basis to determine if the intent of the Zoning By-law is being maintained. Within this context, Planning staff are able to support two residential units tied to a permitted use. Minor variance conditions are discussed in Section 45(9) of The Planning Act. This section indicates that "any authority or permission granted by the Committee under subject sections (1), (2), and (3) may be for such time and subject to such terms and conditions as the committee considers advisable and as are set out in the decision". This provision allows the Committee to approve a Minor Variance application subject to a discretionary range of conditions. In Planning Staff opinion, this Minor Variance application can only be approved subject to specific conditions which relate to the minimum issues related to: report conclusions and report certification; environmental contamination; noise, and; general industrial compatibility. The variance meets the intent of the Municipal Plan for the following reasons: The subject property is designated General Industrial in the Municipal Plan (North Ward Neighbourhood Secondary Plan), which permits a broad range of industrial uses and complementary uses which do not interfere with, nor are detrimental to the development of industrial operations. The proposed dwelling unit use is permitted in the M-2 Zone category, and is considered complementary as long as it is related to a permitted industrial use. The variance meets the intent of the Zoning By-law for the following reasons: The M-2 Zone permits one dwelling unit as a permitted use, and contains provisions to regulate this use. The By-law regulates this use, and is intended for "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 basic intent of the Zoning By-law would be maintained if the proposed dwelling units are linked to a permitted M-2 use, and an appropriate modification is made to the type of residents permitted on the lot. The dwelling unit regulation should be expanded to include "business owner", in addition to the permitted lot owner, caretaker or security guard. COMMITTEE OF ADJUSTMENT 119 JULY 13, 2004 1. Submission No.: A2004-028 (Cont'd) The variance is minor for the following reasons: The M-2 Zone permits one dwelling unit on the property. The recommendation would permit two dwelling units which would be associated with a permitted use (business owner associated with a permitted M-2 use). Adding a second dwelling unit is considered minor in context of the proposed reuse of the property, and would not have an adverse impact to the planned function of the subject site or surrounding industrial properties. In Planning staff's opinion, adding additional dwelling units would change the function of the site, and would result in additional land use compatibility concerns. The variance is appropriate for the development and use of the land for the following reasons: The proposed variance is considered minor, and would allow an adaptive re-use of a vacant industrial building. The Feasibility Study indicates live-work units are compatible in the neighbourhood, and Planning Staff recommendations demonstrate how the proposed recommendation complies with the intent of the Zoning By-law. Special conditions have been incorporated into this approval to ensure environmental contamination issues are addressed, sound mitigation measures are considered, and land use compatibility issues are addressed. Staff recommend that application A2004-028 be approved for a maximum of two dwelling units each of which, shall be permitted for a business owner, and shall be in combination with a use permitted in the General Industrial Zone (M-2), subject to certain conditions. The Committee considered the written submission of Mr. R. Strauss, Trade Mark Industrial Inc., dated May 10, 2004, in opposition to this application. Mr. Doyle addressed the Committee advising he has reviewed the report of the Development & Technical Services Department. The building on this site is a turn of the century industrial building in which he wishes to create a live/work environment. He advised that he has submitted concept plans for four units in this building. In consideration of the staff report, Mr. Doyle agreed to amend his application to request two live/work units. With respect to the conditions requested by the Development & Technical Services Department, Mr. Doyle advised his intention to delineate the footprint of the building itself, in order to limit the area of the site requiring a Record of Site Condition. Mr. Doyle also advised that he has concerns with the warning clause requested in Condition 4, as the units will be located at the south end of the building. The Committee questioned what use the additional 2 units will be put to, if this Committee approves only 2 of the 4 proposed units as live/work units. Mr. Doyle advised that 2 units will be used as live/work units and the other 2 units will be totally work-related units. When questioned by the Committee with respect to noise, Mr. Doyle stated his consultant advises there will be no problem satisfying the requirement. He stated preliminary results from testing are available, and noise levels are less than for other properties abutting the expressway. Further, acoustical dividers would more than meet the requirements. Mr. Janecki advised that he is support of the 4 live/work units requested in the application and questioned what the applicant would have to do to get approval for 4 units. Mr. Masseo responded that an Official Plan Amendment and Zone Change will be required. There is a possibility that the Official Plan Policies may permit the requested use as the Official Plan does permit mixed use in some locations, in which case only a Zone Change would be required. Councillor J. Smola addressed the Committee in support of the application, stating the proposal is a comprehensive development, which will help revitalize this area, and is positive for the City. Historically, in the Northward, people did live and work in close proximity. He stated the proposal is very positive and has great potential for assessment for the City. Mr. Janecki advised of his support for 4 live/work units; however, would recommend approval for only 2 units, as he believes the City would appeal the decision for more units. He also recommended all the City's requested conditions be imposed. COMMITTEE OF ADJUSTMENT 120 JULY 13, 2004 1. Submission No.: A2004-028 (Cont'd) Mr. Doyle emphasized his concern with respect to Environmental conditions, noting this is a 6 acre industrial site, and he does not want to remediate all six acres in order to redevelop the building. Mr. Masseo advised the condition is being requested in accordance with Provincial Guidelines, and there is a possibility that specific portions of the site may be excluded from the Record of Site Condition; however, such a decision would have to be at the discretion of the Ministry. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of 1291029 Ontario Limited requesting permission to extend the use within an existing industrial building to allow 2 dwelling units each of which shall be permitted for a business owner, which shall be in combination with a use permitted in the General Industrial Zone (M-2), rather than the permitted 1 dwelling unit 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, on Part Lot 10, Municipal Compiled Plan of Lot 59, German Company Tract, and Part Lot 202, Streets and Lanes, being Parts 1, 2 & 8, Reference Plan 58R-1977, 1254 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the "Report on Feasibility Study of Proposed Project at 1254 Union St Kitchener, Ontario", dated June 2004, be revised to include a professional engineer's stamp to the satisfaction of the Manager of Design and Development. That the owner shall undertake a site assessment for both the subject lands, or legally describe portions thereof, in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the City's Manager of Design & Development. That the owner shall submit a copy of the "Report on Feasibility Study of Proposed Project at 1254 Union St., Kitchener, Ontario", dated June 2004 prepared by Data Tech, to the Regional Commissioner of Planning, Housing and Community Services, and the City's Manager of Design and Development shall receive a letter from the Regional Municipality of Waterloo confirming the analysis of the sound measurement. That the owner shall enter into an 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 registered on title of the subject lands; said agreement shall include the following special conditions: a) That the following warning clause shall be registered on title and included in all offers to purchase and sale agreements or rental agreements for all proposed residential or live/work units: "The subject lands, and surrounding properties are zoned for a wide range of industrial land uses which may cause associated impacts related to truck traffic, stationary noise and odour nuisances" b) That the owner shall prepare a noise study, to the satisfaction of the Regional Municipality of Waterloo, in consultation with the City of Kitchener, to indicate methods to be used to abate traffic noise levels from the Conestoga Expressway or stationary industrial noise for the subject lands, prior to any site plan approval or building permit whichever comes first. If necessary, the owner shall provide for implementation of the approved noise study attenuation measures at the appropriate time frame. COMMITTEE OF ADJUSTMENT 121 JULY 13, 2004 Submission No.: A2004-028 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-035 Mirko Knezevic 103 Vicmount Drive Lot 27, Registered Plan 1319 Appearances: In Support: Mr. S. Head Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a 3 unit addition to a triplex with a rearyard of 1.7 m (5.57 ft.) rather than 7.5 m (24.61 ft.), to provide 7 off-street parking spaces rather than 8, and to locate the parking 1 m (3.28 ft.) from Victoria Street lot line rather than 3 m (9.84 ft.). The Committee considered the report of the Development & Technical Services Department, dated July 5, 2004, in which they advise this Application for Minor Variance to the rear yard, and to the required number and setback of the parking spaces was originally brought to the June 8th, 2004 Committee meeting, and was recommended for deferral. Since the June 8th meeting the applicant has revised their proposed site plan. The applicant has not yet applied for Site Plan Approval, and it will be required before any building permits can be issued. The applicant is still proposing to add three units to the existin~g triplex dwelling, but the unit sizes have been reduced 2 L to less than 51 m. Units less than 51m are considered bachelor units and require only 0.165 parking spaces each. Therefore, 0.495 or zero additional parking spaces will be necessary for the additional units, and no variances to the parking will be required. The three existing parking spaces can be considered legal non-conforming. Furthermore, because the units are smaller, the addition to the existing triplex is smaller and less of a reduction to the rearyard is being requested. As such, Planning staff recommend that the Application for Minor Variance be amended to request only one variance a rear yard setback of 2.57 m rather than 7.5 m. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 1,2004, advising they have no concerns with this application. Mr. Head advised the Committee he is in support of the Development & Technical Services Department report, and requested permission to amend the application accordingly. He advised that, although not required, the owner will provide 5 parking spaces, including one handicapped parking space, which will occupy no more space on the lot than the existing parking. With respect to outdoor amenity area, Mr. Head noted there is sufficient space on the Victoria Street side of the property for landscaping, and the property abuts a City park. COMMITTEE OF ADJUSTMENT 122 JULY 13, 2004 Submission No.: A2004-035 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Mirko Knezevic requesting permission to construct a 3 unit addition to a triplex with a rearyard of 2.57 m (8.43 ft.) rather than the required 7.5 m (24.61 ft.), on Lot 27, Registered Plan 1319, 103 Vicmount Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: A 2004-045 Michael C. Hausser & Valma K. Howald 26 Belton Drive Block D, Lot 2, Plan 1110 Appearances: In Support: Mr. M. Hausser Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to permit an attached garage with a right side yard of 0.3 m (0.98 ft.) rather than 1.2 m (4 ft.). The Committee considered the report of the Development & Technical Services Department, dated May 28, 2004, in which they recommend approval of the application, to construct a carport. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 1,2004, advising they have no concerns with this application. Mr. Hausser advised that since he appeared before the Committee on June 8, 2004, he discussed the possibility for a maintenance easement with his neighbours; however, the costs to register a maintenance easement are prohibitive. He advised that although the initial construction proposed is that of a carport, ultimately he wishes to have a garage. Based on the report of the Development and Technical Services Department, where staff advise they could support an attached garage with a 2 ft. sideyard, Mr. Hausser requested permission to amend his application accordingly. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Michael C. Hausser & Valma K. Howald requesting permission to construct an attached garage with a right side yard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.), on Lot 2 and Block D, Registered Plan 1110, 26 Belton Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT 123 JULY 13, 2004 Submission No.: A2004-045 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2004-027 Forest Glen Venture Corporation & Dalimat Investments Limited c/o Frum Development Group 700 Strasburg Road Registered Plan 1416, Part Block A, Part 1, Reference Plan 58R-2575 Submission No.: Applicant: Property Location: Legal Description: - and - B 2004-028 Dalimat Investments Limited c/o Frum Developments Group Rittenhouse Road Registered Plan 1416, Part Block A, Part 2, Reference Plan 58R-2575 Appearances: In Support: Mr. D. Brickman Contra: Mr & Mrs. M. Nash Written Submissions: None The Committee was advised that in Submission No. B2004-027 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 considered the report of the Development & Technical Services Department, dated July 7, 2004, recommending further deferral of these applications to November 16, 2004. Mr. Masseo advised that the applicants have applied for a zone change, which will not be considered by City Council until September. Staff recommend that the subject applications not be considered by this Committee until completion of the zone change process. It was generally agreed by the Committee members that consideration of these applications be deferred until November 16, 2004, and if the zone change process is completed sooner, the applicants may request an earlier hearing. Submission No.: Applicant: Property Location: Leqal Description: B 2004-033 Anneliese Scherl 1198 Fischer-Hallman Road Part Lot 2, Re.qistrar's Compiled Plan 1483 Appearances: In Support: Ms. K. Scherl Ms. A. Scherl Contra: None COMMITTEE OF ADJUSTMENT 124 JULY 13, 2004 2. Submission No.: B 2004-033 (Cont'd) Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Rockwood Road of 48 m (157.48 ft.), a depth of 35.048 m (114.98 ft.), and an area of 1,682.268 m2 (18,108.37 sq. ft.), to be used for a single family dwelling. The Committee was in receipt of correspondence from Ms. A. Scherl advising that GSP Group is no longer her authorized agent and appointing Ms. K. Scherl as her agent. Ms. K. Scherl advised of the applicant's intention to withdraw this application if a refund of the application fee could be awarded. Ms. Scherl advised this application was made based on the advice of staff that municipal services would be available. Since her initial discussion with City staff, it has become apparent municipal services are not available to this property, and staff will not support a new lot on private services. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of fee of $470.00 for Submission No. B 2004-033, Anneliese Scherl, 1198 Fischer-Hallman Road, be refunded. Carried CONSENT & MINOR VARIANCE 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 Written Submissions: None The Committee was advised that the applicant requests 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 13.69m (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 15 m (49.21 ft.). The retained land will contain the existing dwelling. The Committee considered the report of the Development & Technical Services Department, dated July 5, 2004, in which they advise that the subject property is located at the southwest corner of Frederick Street and Avon Road at 867 Frederick Street. The property has approximately 32 metres (105 ft) frontage on Frederick Street, and about 87 metres (285 ft) frontage on Avon Street, and is 2465.87 sqm (0.61 ac) in size. The property contains a single detached dwelling fronting Frederick, a shed located beside the house, an in-ground pool and several mature trees located in the rear yard and front yard. The neighbouring properties also have several trees located near the subject property. The applicants submitted Applications for Consent and Minor Variance to the City on November 12, 2003. These applications were presented to the Committee of Adjustment on December 9th 2003 to create four parcels. Planning staff recommended the applications be deferred to address COMMITTEE OF ADJUSTMENT 125 JULY 13, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) lotting concerns and tree management issues. Following this meeting, the applicant met with City staff, and the applications were deferred several times. The applicant retained a qualified management consultant, and has submitted a tree management report to address the potential impact the proposed development would have on the existing trees located on the property and adjacent properties subject to the City's Tree Management Policy. The applicant revised the lotting configuration, and is proposing to create three lots as shown on the Survey Plan Prepared by McKechnie Surveying dated November 10, 2003, revised December 18, 2003. Two triplex units are proposed on the severed lands (Parts 2 and 3), and the remaining retained parcel (Part 1) includes the existing house and vacant land. This parcel was consolidated to encourage a higher residential intensification opportunity at the corner street intersection as supported by the Municipal Plan policies. The proposed development will require several existing trees on the property to be removed, and will have potential impact on the surrounding trees located on the neighbouring properties. The applicant retained Thompson Environmental Planning and Design Ltd. to prepare a Tree Management Report (report entitled General Vegetation Overview Report and Detailed Vegetation Plan dated May 28, 2004). The tree management consultant recommends numerous tree protective measures for implementation prior to the grading and construction phases of this re-development. The applicant has also approached the two abutting neighbours, and has received letters acknowledging the potential impact the proposed development may have on their trees. The City's Environmental Planner has reviewed the Tree Management Report, and has determined that the report includes the appropriate data and analysis required to support the Consent Applications. The Environmental Planner has recommended that future development applications be tied to the Tree Management Report recommendations. Given the recommendations of the Tree Management Report, Planning Staff are now in a position to support the proposed consent application. In terms of built form and land use compatibility, the proposed triplex units will provide an appropriate transition adjacent to the existing dwellings, and the revised Consent Applications provide opportunity for future intensification on the vacant lands. An alternative, higher density, housing form should be considered for the vacant lands to meet the intent of the Municipal Plan policies. Specific development issues, including the recommendations in the Tree Management Report, will be addressed through the site plan approval process. The applicants have requested a right-of-way to address shared parking access required for the two tri-plex lots. Planning staff support this approach, and have identified the potential access on a concept plan. Planning staff will require the exact location of this access to be shown on a Reference Plan prior to approval. The previous consent application proposed four parcels on the subject land. Previous circulation comments indicated that a utility pole would have to be relocated at the applicant's costs. The consent plan has been revised, and consequently, the utility pole will not have to be relocated. Similarly, the existing driveway leading to the existing house will not change, and previous conditions related to the driveway closure will not apply to this application. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff are satisfied that the creation of the severed lots is desirable and appropriate. The configuration of the severed lands can be considered appropriate/suitable for the development of the uses permitted in the zoning and any future development should be compatible with the neighbourhood. Therefore the consent is not considered to be premature or pre-determining the outcome of future planning processes. The Consent Applications require a Minor Variance Application related to the minimum lot width requirements for the proposed triplex units. The minimum lot width requirement is 15 metres, and the applicant is proposed 13.69 metres lot width for both lots. COMMITTEE OF ADJUSTMENT 126 JULY 13, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) The proposed variance meets the intent of the City's Municipal Plan as the "Medium Density Multiple Residential" designation. This designation is intended to accommodate a range of housing types, and favours the mixing and integration of different forms of housing to achieve a medium overall intensity of uses. The variances would facilitate the intensification of an underutilized site with appropriate housing. A higher density use should be considered on the vacant lands. The proposed variance meets the intent of the City's Zoning By-law. The primary intent is to have lots wide enough to support adequate sized buildings and parking areas. The R-8 zone is primarily intended for medium density housing, and provides specific zoning regulations to accommodate this form of housing. The proposed lot width reduction is able to accommodate two triplex dwellings with shared driveway access. The proposed variance is considered minor, and would maintain the general intent of the By-law. The proposed variance is considered desirable for the appropriate development or use of land given the applicants direction to maintain the existing house. The proposed lot width reduction would allow two residential lots to be created adjacent to the surrounding single detached houses, and parking access would be provided through a shared right-of-way. In Planning staff's opinion, the proposed triplex dwellings are compatible with the surrounding properties and meet the general intent of the Zoning By-law which encourages medium density housing. Specific site design issues, such as site landscaping, building design, and open space will be addressed through the site plan approval process. Mr. Kovacevic advised the Committee he is in support of the staff report, and requested permission to amend these applications accordingly, including withdrawing Submission No. B 2003-064, as it is no longer required. He questioned the City's requested condition for parkland dedication, and was advised this is a standard condition, which is permitted under the Planning Act. Submission No. B 2003-064 Withdrawn Submission No. B 2003-065 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Dean & Milan Kovacevic requesting permission to convey a parcel of land having a width on Avon Road of 13.69 m (44.92 ft.) by a depth of 30.48 m (100 ft.), and an area of 418 m2 (4,499.31 sq. ft.), subject to a right-of-way having a width of 3.35 m (11 ft.) along the northerly lot line, and together with a right-of-way having a width of 3.35 m (11 ft.) along the southerly lot line of the lot to be created through Submission No. B 2003-066, on Part Lot 2, Registered Plan 712, 867 Frederick Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall receive approval of Submission No.'s A 2003-091 and A 2003-092. 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the land to be severed. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed land. COMMITTEE OF ADJUSTMENT 127 JULY 13, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed land. 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 Director of Engineering Services, to be registered on title of the severed land, with the said agreement to include the following special conditions: a) Submission of a Grading Plan, to the satisfaction of the City's Director of Engineering Services, prior to the issuance of a Building Permit for the severed land. b) That the owners shall prepare a Tree Preservation Plan for the severed land in accordance with the City's Tree Management Policy, to be approved by the City's Manager of Design & Development, and where necessary implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owners shall agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager of Design & Development. That the owners shall remove or relocate the existing pool and patio to the retained land, to the satisfaction of the City's Manager of Design and Development. That the owner shall receive approval of a draft reference plan showing the proposed rights-of-way for access from the City's Manager of Design & Development. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 13, 2006. Submission No. B 2003-066 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Dean & Milan Kovacevic requesting permission to convey a parcel of land having a width on Avon Road of 13.59 m (44.6 ft.) by a depth of 30.48 m (100 ft.), and having an area of 414.22 m2 (4,460 sq. ft.); subject to a right-of-way, having a width of 3.35 m (11 ft.), along the southerly lot line, and together with a right-of-way, having a width of 3.35 m (11 ft.), along the northerly lot line of the lot to be created through Submission No. B 2003-065, on Part Lot 2, Registered Plan 712, 867 Frederick Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 128 JULY 13, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) 1. That the owners shall receive approval of Submission No.'s A 2003-091 and A 2003-092. 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed land. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed land. 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 Director of Engineering Services, and registered on title of the severed land, with the said agreement to include the following special conditions: a) Submission of a Grading Plan, to the satisfaction of the City's Director of Engineering Services, prior to the issuance of a Building Permit for the severed land. b) That the owners shall prepare a Tree Preservation Plan for the severed land in accordance with the City's Tree Management Policy, to be approved by the City's Manager of Design & Development, and where necessary implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owners shall agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager of Design & Development. That the owners shall remove or relocate the existing pool and patio to the retained land, to the satisfaction of the City's Manager of Design and Development. That the owner shall receive approval of a draft reference plan showing the proposed rights-of-way for access from the City's Manager of Design & Development. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 13, 2006. COMMITTEE OF ADJUSTMENT 129 JULY 13, 2004 1.Submission No.: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 (Cont'd) Submission A 2003-091 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Dean & Milan Kovacevic requesting permission for the lot to be created through Submission No. B 2003-065 to have a width on Avon Road of 13.69 m (44.92 ft.) rather than the required 15 m (49.21 ft.), on Part Lot 2, Registered Plan 712, 867 Frederick Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission A 2003-092 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Dean & Milan Kovacevic requesting permission for the lot to be created through Submission No. B 2003-066 to have a width on Avon Road of 13.59 m (44.6 ft.) rather than the required 15 m (49.21 ft.), on Part Lot 2, Registered Plan 712, 867 Frederick Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried This meeting recessed at 11:05 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Sign By-law. This meeting reconvened at 11:15 a.m. with the following members present: Ms. D. Angel and Messrs D. Cybalski and Z. Janecki. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2004-048 Max Becker Enterprises Limited 1187 Fischer-Hallman Road Block 1, Registered Plan 58M-307 Appearances: In Support: Ms. N. Horne Mr. R. Falseto Ms. J. Schpigel COMMITTEE OF ADJUSTMENT 130 JULY 13, 2004 1. Submission No.: A2004-048 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a commercial development with a side yard setback from Cotton Grass Street of 3.0 m (9.84 ft.) rather than the required 7.5 m (24.6 ft.) and a front yard setback from Fischer-Hallman Road of 6.5 m (21.32 ft.) rather than the required 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated July 7, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Ms. Horne addressed the Committee advising she agrees with the Development & Technical Services Department report. She displayed a site plan for the property noting the development will be screened from the residential properties by a brick wall which in turn will be screened by landscaping. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Max Becker Enterprises Limited requesting permission to construct a commercial development with a side yard setback from Cotton Grass Street of 3.0 m (9.84 ft.) rather than the required 7.5 m (24.6 ft.), and a front yard setback from Fischer-Hallman Road of 6.5 m (21.32 ft.) rather than the required 7.5 m (24.6 ft.), on Block 1, Registered Plan 58M-307, 1187 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: A 2004-049 1054422 Ontario Limited 10, 16 & 20 Spetz Street Part Lot 4, Registered Plan 364 Appearances: In Support: Mr. A. Hurdle Mr. R. Reid Contra: Written Submissions: Ms. D. Organ The Committee was advised that the applicant requests permission to expand a legal non- conforming commercial parking lot. The Committee considered the report of the Development & Technical Services Department, dated July 9, 2004, in which they advise that the subject site is located at 10, 16 and 20 Spetz Street with the three lots merged into one ownership. The lands are designated and zoned as High Density Commercial Residential (CR-3) with Special Use Provision 125U, and have a COMMITTEE OF ADJUSTMENT 131 JULY 13, 2004 2. Submission No.: A2004-049 (Cont'd) special policy and holding provision which restricts certain uses until consolidated with lands fronting Frederick Street. Currently there is a parking facility with approximately 55 spaces that covers the entire area of all three lots. Previously, 26 parking spaces were located on the middle lot, 16 Spetz Street, and a small portion of the parking lot was located on each of the adjacent lots, being 10 and 20 Spetz Street. The use of a 26 space parking facility became a legal non-conforming use when By-law 85-1 came into effect, as a commercial parking lot was no longer permitted in this zone. Recently, the parking lot has been expanded and the applicant is now requesting to formally recognize the status of the new parking on the lands. The subject application has been submitted to request permission from the Committee of Adjustment for a change to a similar use, that being a 26 space commercial parking facility to a 55 space commercial parking facility, over the whole of the lands. Staff have identified that a 55 space commercial parking facility is of a substantial increase and intensity compared to a 26 space commercial parking facility; therefore, it is a change in use. Although it is an increase in the number of parking spaces now being used on the whole of the lands, it is staff's opinion that the use is similar. Simply put, a parking lot on part of a property can be considered a similar use to a parking lot on the whole of the property. With respect to the compatibility or impact of the use, staff recommend that the applicant provide a site plan to the Planning Division so that items such as the functionality of the parking lot, any fencing or screening that may be needed to adjacent property, landscaping and lighting can be reviewed. With the ability to review those matters, the change to a larger parking facility should not have unacceptably adverse impacts, and should be compatible with existing and permitted uses in the surrounding area. The expanded parking lot would provide for the needed parking in the MacKenzie King Square area, and should not significantly alter the possibility of other future uses on the subject lands. Based on the foregoing, the change to a larger parking facility would be appropriate and a similar use and staff recommend that the application be approved, provided there is to opportunity to ensure certain details are considered through a review of a site plan. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Mr. Hurdle advised property consists of a parking lot with grass on either side, with shrubs around it. The owner constantly found drink and drug paraphernalia on the property, and in order to make the property a safer place, the parking lot was expanded and lighting was installed. The renovations to the property make it more appealing from the street. This application came about as a result of the City receiving a by-law complaint. Mr. Reid advised that he owns property at 129 Frederick Street, which he rents. He stated his only concern with the property is if the lighting affects his tenants at night. Otherwise, the appearance of the subject property has improved, and he has no complaints. Mr. Masseo advised complaints have been received from some of the neighbours, and staff are recommending that Site Plan approval which will take into consideration landscaping and lighting. Mr. Janecki stated the Site Plan submitted with the application is extremely poor, and recommended consideration of this application be deferred to allow the owner to apply to the City for Site Plan approval. Further, the issue of fencing, as outlined in the written submission from Ms. D. Organ should be considered at that time. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That consideration of Submission No. A 2004-049, 410, 16 & 20 Spetz Street, Kitchener, Ontario, BE DEFERRED to August 31, 2004, to allow the owner an opportunity to apply for Site Plan approval and as part of that process, fencing for the parking lot be considered. COMMITTEE OF ADJUSTMENT 132 JULY 13, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-050 Derek Koehler and Daniela O'Neill 27 Earl Street Lot 106, Registered Plan 248 Appearances: In Support: Mr. D. Erb Contra: None Written Submissions: Mr. & Mrs. A. Taylor The Committee was advised that the applicant requests permission to construct an attached garage with a northerly side yard setback of 0.43 m (1.41 ft.) rather than 1.2 m (3.93 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 25, 2004, recommending refusal of this application; as a sideyard of 0.43 m would not provide adequate separation from the neighbours' property, and will have some impact on the neighbours' amenity space. Further, the proposed side yard would not provide sufficient space to maintain the garage. If the applicants choose to amend the application, staff could support a 0.6 m (2 ft.) sideyard. The Committee considered the comments of the Region's Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Mr. Erb advised the Committee that this proposal had been discussed with staff prior to preparing the drawings. He stated the garage will improve the appearance of the property. The garage will be finished in stucco which requires no maintenance. Further, the owner prefers an attached garage, which will allow more access to the rear yard. The proposed garage will have an 8 ft. wide door, which is the minimum width to accommodate a medium sized car, if the sideyard must be increased by another 5 inches, the door width will have to be reduced. Mr. Erb submitted a letter from the abutting neighbours in support of this application, which was considered by the Committee. Moved by Mr. Janecki Seconded by Ms. D. Angel That the application of Derek Koehler and Daniella O'Neill requesting permission to construct an attached garage with a northerly side yard of 0.43 m (1.41 ft.) rather than the required 1.2 m ( 4 ft.), on Lot 106, Registered Plan 248, 27 Earl Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the garage shall be constructed with a maintenance free exterior. 2. That all drainage from the garage shall be directed onto the applicants' own property. 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 COMMITTEE OF ADJUSTMENT 133 JULY 13, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-051 894428 Ontario Limited 1191, 1221 and 1241 Weber Street East Part Lots 4 & 5, Plan 267, and Part Lots 1-4, 18-22 and Part of Lane, Plan 332 Appearances: In Support: Mr. S. McCrory Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a commercial building with a rear yard setback of 5.2 m (17.06 ft.) rather than 7.5 m (24.6 ft.). The Committee considered the comments of the Development & Technical Services Department, dated July 8, 2004, in which they advised that the subject property is located at 1191/1221/1241 Weber Street East, directly south of the intersection of Arlington Boulevard and Weber Street East. The King Street underpass (Highway No. 8) abuts the property to the south. The property is designated as a 'Mixed Use Node' in the City's Municipal Plan, and is zoned Commercial Zone Six (C-6) with Special Use Provisions 3U and 335U under Zoning By-law 85-1. The surrounding area consists mainly of service commercial uses along Weber Street East. The subject lands currently contain an existing automatic car wash facility as well as a three-storey office building. The City has received a Site Plan application SP-04/21/VV/DR to redevelop the lands to include a new Shoppers Drug Mart retail store. Staff has reviewed the submitted Site Plan and approval in principle has been granted, subject to the variance submitted and the finalized outcome of the Region of Waterloo's road widening study. The applicant is requesting a minor variance to allow a 5.2 m rear yard setback whereas Zoning By-law 85-1 requires a minimum 7.5 m rear yard setback. This reduction in rear yard setback is requested to accommodate the Region of Waterloo's proposed road widening dedication of a 3 m wide strip of land along the frontage to address traffic safety concerns. Upon review of the application, it was made aware to Planning Staff that Arlington Boulevard is still an open public road and will not be closed as proposed until such time as an Environmental Assessment has been completed. Thus the subject property is currently separated by Arlington Boulevard. The portion west of Arlington Boulevard, 1191 Weber Street East, will contain the proposed car wash facility, while the portion east of Arlington Boulevard will contain the Commercial Retail, Office, Gas Bar and an Automatic Car Wash facility. The owner would like to proceed with the proposed development prior to the closure of Arlington Boulevard which is proposed to be developed for parking spaces. This necessitated further zoning analysis on the site. Staff has determined that the development east of Arlington Boulevard, which proposes 100 parking spaces (not including the proposed parking on Arlington Boulevard) will meet the parking requirement of Zoning By-law 85-1. However, analysis by Staff has shown that the proposed Car Wash facility located on 1191 Weber Street East will not meet the required 18 spaces, only 17 spaces has been provided on site. A parking space variance will be required. It is recommended that the minor variance application be amended to include this new variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. The Committee considered the comments of the Ministry of Transportation, dated July 8, 2004 advising that, in principle, the Ministry has no objection with this application; as their concerns and requirements are being addressed through the site plan application process. At the request of Mr. McCrory the Committee agreed to consider an amendment to the application for a reduction of 1 parking/waiting space. COMMITTEE OF ADJUSTMENT 134 JULY 13, 2004 4. Submission No.: A2004-051 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of 894428 Ontario Limited requesting permission to construct a commercial building with a rearyard of 5.2 m (17.06 ft.) rather than the required 7.5 m (24.6 ft.), and permission to provide 17 parking spaces rather than the required 18 for a car wash facility, on Part of Lots 4 & 5, Plan 267, and Part Lots 1 - 4, 18 - 22 & Part of Lane, Plan 322, 1191, 1221 & 1241 Weber Street East, Kitchener, Ontario, BE APPROVED, 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: Appearances: In Support: Contra: Written Submissions: Carried A 2004-052 Douglas & Gisela Steckle 32 Farmington Place Lot 85, Re.qistered Plan 1495 Mr. D. Steckle None None The Committee was advised that the applicant is requesting permission to construct an addition with a side yard setback abutting Anvil Street of 3.7 m (12.13 ft.) rather than 4.5 m (14.76 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 28, 2004 recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no objections to this application. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Douglas & Gisela Steckle requesting permission to construct an addition with a sideyard abutting Anvil Street of 3.7m (12.13 ft.) rather than the required 4.5 m (14.76 ft.), on Lot 85, Registered Plan 1495, 32 Farmington Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 135 JULY 13, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-053 Konrad Sauer 21 Maynard Avenue Part Lot 178, Plan 374 Appearances: In Support: Mr. K. Sauer Contra: Mr. G. Malleck Written Submissions: Waterloo North Condominium Corporation #1 The Committee was advised that the applicant is requesting permission to construct an accessory building having a height of 5.76 m (18.89 ft.) rather than the maximum 5.5 m (18.04 ft.) and a wall height to the underside of the fascia of 5.43 m (17.81 ft.) rather than the maximum 3.0 m (9.84 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 25, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. The Committee considered the written submission from Waterloo North Condominium Corporation #1, dated July 5, 2004, in opposition to his application. Mr. Sauer advised that the proposed accessory building will be constructed on the footprint of a previous building located on the property, except the proposed building will be moved 3 ft. farther into the property. The roof on the building will be sloped rather than pitched in order to allow a second storey which will be used as studio space. He advised he manufactures woodworking hand tools which he sells all over the world. Further he out sources the metal work. The studio will house a table saw and hand saw, and walls of the proposed structure will be thicker than usual and have more insulation. With respect to his home business, Mr. Sauer advised that he had received approval from the City for this business, and had investigated the matter before he purchased the property. With respect to the location for his accessory building Mr. Sauer advised there are trees lining the property in this location. Mr. Malleck addressed the Committee advising the location of the accessory building will only be 4 ft. from the public lane, which will not be enough room to park a vehicle. Further, the wall of the garage will be adjacent to the sideyard of 43 Margaret Avenue, against the recreation area for the property, and the height of the building will cut-off the sunlight. Mr. Sauer noted there are 6 or 7 trees along this lot line. Mr. Janecki commented that he visited this site, and there are trees on both sides of the lot line, which will do more to exclude the sunlight from 43 Margaret Avenue than the proposed building. When questioned by the Committee, Mr. Sauer advised the legal off-street parking spot for the property will be provided in the proposed accessory building. Mr. Janecki advised that he is supportive of the application provided there is a parking space within the new building. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Konrad Sauer requesting permission to construct an accessory building having a height of 5.76 m (18.89 ft.) rather than the maximum permitted height of 5.5 m (18.04 ft.), and a wall height to the underside of the fascia of 5.43 m (17.81 ft.) rather than the maximum permitted height of 3 m (9.84 ft.), on Part Lot 178, Plan 374, 21 Maynard Avenue, Kitchener, Ontario, BE APPROVED, subject tot he following condition: COMMITTEE OF ADJUSTMENT 136 JULY 13, 2004 Submission No.: A2004-053 (Cont'd) 1. That the owner shall provide a parking space within the proposed building. It is the opinion of this Committee that: 1. 2. 3. The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Written Submissions: A 2004-054 Middrag Zaric 28 Wyandotte Court Lot 228, Registered Plan 1447 Mr. R. Sajkunovic None None Carried The Committee was advised that the applicant is requesting permission to construct an addition with a rear yard setback of 5.3 m (17.38 ft.) rather than 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated July 2, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Middrag Zaric requesting permission to construct an addition with a rearyard of 5.3 m (17.38 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 228, Registered Plan 1447, 28 Wyandotte Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 137 JULY 13, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-055 Harry Felka 540 Westforest Trail Part Block 14, Registered Plan 1790, Parts 3 & 4, Reference Plan 58R-9367 Appearances: In Support: Contra: Written Submissions: The Committee was Mr. D. Dietrich Mr. & Mrs. H. Felka None None advised that the applicant is requesting permission to construct a commercial building with a rear yard setback of 1.2 m (3.93 ft.) rather than 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 30, 2004, recommending approval of this application, provided no new buildings are constructed within 7.5 m of the side lot line abutting the lots on Michelle Court. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Harry Felka requesting permission to construct a commercial building with a rearyard of 1.2 m (3.93 ft.) rather than the required 7.5 m (24.6 ft.), on Part Block 14, Registered Plan 1790, being Parts 3 & 4, Reference Plan 58R-9367, 540 Westforest Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That no new buildings shall be constructed within 7.5 m (24.6 ft.) of the interior side lot line. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Written Submissions: A 2004-056 Mostafa Masoudi 797 Stirling Avenue South Part Lot 11, Registered Plan 785 Carried Mr. M. Masoudi None None The Committee was advised that the applicant is requesting permission to construct a 2 storey addition including an attached garage with a southerly side yard setback of 0.62 m (2.03 ft.) rather than the required 1.2 m (3.93 ft.). COMMITTEE OF ADJUSTMENT 138 JULY 13, 2004 9. Submission No.: A2004-056 (Cont'd) The Committee considered the report of the Development & Technical Services Department, dated July 2, 2004, advising of an additional variance on this property, being a front yard setback of 4.35 m rather than the required 4.5 m. Staff recommend the application be amended accordingly, and that the amended application be approved. Mr. Masoudi advised the Committee he is in agreement with the staff report and requested the Committee consider an amendment to his application as recommended by staff. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Mostafa Masoudi requesting permission to construct a 2 storey addition, including an attached garage, with a southerly side yard of 0.62 m (2.03 ft.) rather than the required 1.2 m (3.93 ft.), and a setback of 4.35 m (14.27 ft.) rather than the required 4.5 m (14.76 ft.), on Part Lot 11, Registered Plan 785, 797 Stirling Avenue South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2004-035 & A 2004-047 346874 Ontario Limited 437 Pioneer Tower Road Part Lot 12, Beasley's Broken Reference Plan 58R-14114 Front Concession, being Part 2, Mr. Z. Janecki declared a pecuniary interest in these applications, as he is employed by one of the principles of the applicant corporation, and did not participate in any discussion or voting with respect to these applications. Appearances: In Support: Mr. & Mrs. J. Ariens Mr. D. Ariens Contra: Mr. T. Bocchino Mr. P. Chauvin Written Submissions: None The Committee was advised that the applicant requests permission to create a new lot with 0 m (0 ft) frontage on a public street and an area of approximately 1.03 ha (2.54 acres), that currently contains a single detached dwelling, and to give a right-of-way for ingress and egress to the new lot over the retained parcel of land which would have 143.3 m (470.14 ft.) of frontage on Lookout Lane and an area of approximately 4.9 ha (12.1 acres). COMMITTEE OF ADJUSTMENT 139 JULY 13, 2004 1. Submission Nos.: B 2004-035 & A 2004-047 (Cont'd) The Committee considered the report of the Development & Technical Services Department, dated July 8, 2004, in which they advise that the subject lands are located at 437 Pioneer Tower Rd, within the draft approved Plan of Subdivision 30T-95016 (Vista Ridge Estates), having approximately 143 m of frontage onto Lookout Lane, and an area5.9 ha. The portion of the property included in these applications contains a heritage house and barn that were constructed in about 1837, and have been designated under the Ontario Heritage Act. The buildings are currently used as a single family residence and accessory structure. The lot to be severed is recognized as a 1.03 hectare lot in the draft approved Plan of Subdivision. It is designated Low Rise Residential in the Municipal Plan, and is zoned Residential Two Zone (R-2) 251R, 263R, 228U and 236U, Open Space Zone (P-2) 1R, 236R, 263R and Open Space Zone (P-2) 1R, 263R, 229U. The purpose of the subject applications is to sever a 1.03 ha parcel of land from the draft approved Plan of Subdivision in advance of plan registration, and to allow such lot without frontage onto a public street until the plan is registered. The intended purchaser of the severed portion of land is currently living in the heritage home as a tenant. The heritage home requires significant preservation work, but the future owner cannot begin such work until they take ownership of the property. Originally, the intention of the future owner was to lease the home only until the draft approved Plan of Subdivision was registered, at which time they would purchase the lot that was created. Unfortunately, due to technical issues between the owners of the subject lands and the owners of the adjacent lands it may be some time before either plan is able to register. This leaves the future owners of the lot to be severed as tenants, unable to preserve their heritage dwelling. Currently, the building has access to Lookout Lane via a gravel laneway, which crosses a small portion of lands deeded to the City for park purposes. An easement has been requested over the entire retained parcel for access purposes, and will include access to the gravel laneway over the retained lands. This easement will ensure that any future owner of the lands to be severed will be permitted to use the retained lands for access until such time as a permanent roadway is constructed and deeded to the City. Staff recommend approval of these applications, subject to conditions. The Committee noted the comments of the Grand River Conservation Authority, dated June 27, 2004, in which they advised they have no objections to these applications, and have previously reviewed the creation of this lot though Plan of Subdivision 30T-95016. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 5, 2004, with respect to Submission No. A 2004-047, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Planning Housing and Community Services, dated July 7, 2004, with respect to Submission No. B 2004-035, advising that the purpose of this application is to sever an existing residential lot from a draft approved plan of subdivision. A right-of-way is also required over the retained land for access purposes. The access situation will be temporary pending the registration of the subdivision, at which time the lot will have access onto a municipal road. The Region's comments refer to an Ontario Municipal Board decision with respect to Subdivision 30T-95016, including conditions relating to Regional matters such as noise impacts from the Pioneer Sportsmen Club and odour impacts from the Kitchener Wastewater Treatment Plant, which are applicable to the subject property. They recommended approval of the application subject to conditions with respect to noise impacts, and odour analysis. Mr. Ariens addressed the Committee advising the report of the Development & Technical Services Department summarizes the current situation. He advised the house on the subject property is the 2® or 3® house ever built in Waterloo County. He and his family intend to purchase the property as their family home. Currently they rent the property. The house is in need of substantial repair, however, they don't want to spend the money to repair it if they can not purchase the home. Mr. Ariens displayed photographs depicting the deteriorated state of the COMMITTEE OF ADJUSTMENT 140 JULY 13, 2004 1. Submission Nos.: B 2004-035 & A 2004-047 (Cont'd) building. Mr. Ariens further advised there have been difficulties in registering the plan of subdivision for the subject lands, which is the reason for this application, which will remove the subject land from the plan of subdivision. The two developers in this area have reached an impass. Mr. T. Bocchino of JHS Properties addressed the Committee advising there is a problem with an existing right-of-way. In this regard Mr. Chauvin provided the Committee members with copies of a written submission, including a plan showing the location of the existing right-of-way, and colour copies of photographs showing conditions of various points along the existing right-of-way. Mr. Chauvin displayed a larger version of the plan of this area; advising the right-of-way was abandoned many years ago, and it doesn't serve any function or purpose at this time. He requested that if the consent is granted it be conditional on quit claiming the existing right-of-way. Mr. Chauvin noted the right-of-way affects his client's lands and the subject property, and the imposition of his requested condition would save a costly legal process. Mr. Ariens noted this property has a Pioneer Tower Road municipal address because of the existing right-of-way. The physical access to the subject property is from Look-Out Lane. With respect to the position of JHS on this matter Mr. Ariens read an extract from the City Council meeting minutes of June 29, 2004, as follows, "In response to questions with respect to Mr. & Mrs. Ariens and their property, Mr. Britton advised that it was his understanding a severance application has been made to the Committee of Adjustment and that this matter could be dealt with separately from the issue between the two developers." Mr. Chauvin stated that the right-of-way has long been abandoned and not used and the tenant has access to Look-Out Lane. Mr. Ariens responded existing right-of-way is a private matter between the 2 developers, and the Committee of Adjustment should not be used to leverage one developer over another. Mr. Ariens referred to the comments of the Region of Waterloo Planning, Housing and Community Services, noting their request for a condition with respect to noise because of the gun club. He noted that noise studies have already been completed, and noise attenuation measures undertaken therefore, the noise concerns have been adequately handled. With respect to odours from the sewage treatment plant, Mr. Ariens advised he is the proposed purchaser of this property so there is no value in including an odour warning clause in the agreement of purchase and sale. Mr. Ariens next reviewed the City's conditions of approval. He questioned the need for condition 4 with respect to a grading control plan, as a comprehensive grading plan is required for the subdivision, which is included in the agreement on title. Concerning the requested heritage easement agreement, Mr. Ariens questioned the need as he has already received a heritage permit for alterations to the house, and this property has been designated under the Ontario Heritage Act. It was Mr. Ariens position that a Heritage Easement Agreement will cause him further delays. Addressing condition #6 with respect to arrangements for municipal services, Mr. Ariens questioned why this condition should apply to the retained land. Mr. L. Masseo responded to Mr. Ariens' comments by advising that the condition requiring a grading plan is requested in anticipation that the severed land will be removed from the plan of subdivision, so it is necessary to ensure compatibility. Concerning the Heritage Easement Agreement, currently only the structure is designated pursuant to the Ontario Heritage Act. A Heritage Easement Agreement will preserve other heritage features and ensure the context of the farmstead. With respect to the agreement for municipal services, Mr. Masseo agreed this condition could apply to the severed land only. Concerning the issues with respect to the existing easement, Mr. Masseo commented those issues were considered number of years ago, and appealed to the Ontario Municipal Board. Recently representatives from Vista Ridge requested that City Council provide assistance in registering the plan. Council determined this to be a private matter between the 2 parties. Mr. Bocchino referred to the existing right-of-way questioning why two rights-of-way are required to the same property. COMMITTEE OF ADJUSTMENT 141 JULY 13, 2004 1. Submission Nos.: B 2004-035 & A 2004-047 (Cont'd) The Chair advised that the Committee will maintain a distance from the issue of the existing right- of-way, as it is a private matter between the two parties. He advised the applications will be considered on their own merits. Submission No. B 2004-035 Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of 346874 Ontario Ltd. requesting permission to convey a parcel of land having no frontage on a public street, and an area of approximately 1.03 ha (2.54 ac), together with a right-of-way over the entire retained land for ingress and egress, Part Lot 12, Beasley's Broken Front Concession, being Part 2, Reference Plan 58R-14114, 437 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall receive final approval of Submission No. A 2004-047. That the owners of the retained and severed lands shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access over the entire retained lands are maintained until Joseph Schoerg Crescent has been constructed, deeded to and assumed by the City, and to provide confirmation that his agreement has been registered against the title of the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall submit to and receive approval from the City's Director of Engineering for a Grading Control Plan for the severed land, demonstrating that the grading on the severed land will be compatible with the grading on the retained land. That the owner shall enter into a Heritage Easement Agreement with the City of Kitchener, for the severed land, to be prepared by the City Solicitor, and approved by City Council. That the owner shall enter into an agreement with the City of Kitchener, pursuant to Section 53 (12) of the Planning Act, R.S.O. 1990, c.P. 13, to the prepared by the City Solicitor, and registered on title of the severed land, which shall include the following: a) make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed land; b) receive a permit from the City's Building Department to disconnect the on-site sewage system and connect to municipal services; and, c) make arrangements to the satisfaction of the City's Building Department to safely decommission the well and remove the septic system on the severed land. d) release the right-of-way agreement, registered against the title of the severed and retained lands, immediately upon Joseph Schoerg Crescent being deeded to and assumed by the City. 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 142 JULY 13, 2004 Submission Nos.: B 2004-035 & A 2004-047 (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 July 13, 2006. Carried Submission No. A 2004-047 Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of 346874 Ontario Ltd. requesting permission for a lot to have no frontage on a public street, on Part Lot 12, Beasley's Broken Front Concession, 437 Pioneer Tower Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 1:17p.m. Dated at the City of Kitchener this 13th day of July, 2004. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment