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HomeMy WebLinkAboutAdjustment - 1996-03-19COA\1996-03-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 19, 1996 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, D. McKnight, W. Dahms, S. Kay and A. Galloway. Ms. S. Rice, Zoning Officer, Mr. J. Willmer, Intermediate Planner, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 9:35 a.m.. MINUTES Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the Minutes of the regular meeting of the Committee of Adjustment, of February 27, 1996, as mailed to the members, be accepted. Carried MINOR VARIANCE APPLICATIONS 1. Submission No. A 11/96 - 728937 Ontario Limited, 20 Queen Street West, Ontario Lot 1, Municipal Compiled Plan 1524, 385 Fairway Road South, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: Limited Mr. B. Toderian MacNaughton Hermsen Britton Clarkson Planning 171 Victoria Street North Kitchener, ON CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE Toronto, The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the application seeks minor variance approval to permit a 1120 square metre unit in the plaza located at 385 Fairway Road to be occupied by a use which the zoning by-law restricts to 850 square The Committee was advised that the applicant is requesting permission to allow a retail outlet to occupy a unit in this plaza which has a floor area of 1,120 m2 (12,055.98 sq. ft.) rather than the permitted floor area of 850 m2 (9,149.63 sq. ft.). COMMITTEE OF ADJUSTMENT 48 MARCH 19, 1996 metres of gross leasable commercial space. In 1994, a special use provision was added to the M-3 zone adding certain retail uses to a maximum of 850 square metres for any individual outlet. The intent of the restriction in the zoning by-law was to limit the amount of retail floor area so as to minimize the impact on traffic until full 1. Submission No. A 11/96 - 728937 Ontario Limited - cont'd implementation of road improvements on Fairway Road. Since the vacant space was previously occupied by a retail use, there should be no significant difference in the traffic generation with the new use. Accordingly, it is the opinion of staff that the variance maintains the intent of the zoning by-law. It is minor as the only change to the plaza is the tenant product. The property is designated Highway Commercial, which would permit "big box"type of retailing, once the zoning is put in place later this year. As such, staff believe that the variance maintains the intent of the Municipal Plan. Since the new use would occupy existing space previously used for retail and the requested variance would be in keeping with the zoning proposed for the property, to implement the Municipal Plan, it is staffs view that the variance is appropriate for the property. Staff recommend that Submission No. A 11/96 be approved. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required for any new construction. Mr. Toderian advised that he is representing the property owner and the Future Shop who are trying to sub- let this unit. He advised that they agree with the staff comments. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of 728937 Ontario Limited requesting permission for a retail use to occupy 1,120 m2 (12,055.98 sq. ft.) of gross leasable commercial space rather than the permitted 850 m2 (9,149.63 sq. ft.) of gross leasable commercial space on Lot 1, Municipal Compiled Plan 1524, 385 Fairway Road 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 Official Plan are being maintained on the subject property. Carried 2. Submission No. A 12/96 - Kenmore Homes (1987) Inc., 79 Rankin Street #2, Waterloo, Ontario Re: Part Lot 4, Registered Plan 1805, Being Part 7, Reference Plan 58R-9536, 14 Michelle Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. S. McKechnie McKechnie Surveying 124 King Street North Waterloo, ON CONTRA: NONE COMMITTEE OF ADJUSTMENT 49 MARCH 19, 1996 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of the existing single family dwelling which has a southerly sideyard of 0.98 m (3.22 ft.) rather than the required 1.2 m (3.94 ft.). 2. Submission No. A 12/96 - Kenmore Homes (1987) Inc. - cont'd The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to legalize an existing single family dwelling with a southerly sideyard of 0.98 m (3.22 ft.) rather than the required 1.2 m (3.94 ft.). This application is for a two storey dwelling which was constructed in January, 1996 and is currently being completed. The portion of the sideyard requiring variance approval is where the attached garage is located according to the site plan submitted with the building permit. As a result of a foundation survey being prepared for the property, it was recognized that the foundation had been poured incorrectly thereby creating a non-complying situation. The variance requested for the sideyard can be considered minor in nature because the portion of the sideyard requiring variance approval is deficient by 0.22 m (0.72 ft.) and as such would not appear to adversely affect the neighbouring property. Additionally, the remaining sideyard meets the general intent of the zoning bylaw as the remaining setback of 0.98 m (3.22 ft.) would still allow for a sufficient sideyard for the required exterior maintenance. As the variance requested recognizes an existing situation, the Department of Planning and Development recommends approval subject to the variance applying to the structure shown on the submitted plan of survey prepared by McKechnie Surveying Ltd. dated January 24, 1996. The Committee noted the comments of the Director of Building & Inspections in which he advised that there shall be no openings in the wall located less than 1.2 m from property line. Contrary to what the application indicates, site inspection has verified that there are unprotected openings in this wall face. The surveyor shall verify and prove to the Chief Building Official that there are no openings within 1.2 m of property line and that there are less than 7% openings in the wall. The Chairman questioned Mr. McKechnie concerning windows on the side of the building abutting the inadequate sideyard. Mr. McKechnie advised that there are openings in that wall and that he will determine exactly where they are and the percentage and he will write a letter to the City's Chief Building Official. Upon questioning by Mr. S. Kay, Mr. McKechnie advised that the sideyard increases towards the rear of the wall, due to the shape of the lot. Also, he advised that the garage is on that side of the building. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Kenmore Homes (1987) Inc. requesting legalization of an existing single family dwelling having a southerly sideyard of 0.98 m (3.22 ft.) rather than the required 1.2 m (3.94 ft.) on Part Lot 4, Registered Plan 1805, Being Part 7, Reference Plan 58R-9536, 14 Michelle Court, Kitchener, Ontario BE APPROVED subject to the following condition: That the applicant, through his surveyor, shall verify and prove to the City's Chief Building Office that there are no openings within 1.2 m of the property line and there are less than 7% openings in that wall. 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 50 MARCH 19, 1996 The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 13/96 - 454064 Ontario Inc., 25 Northland Drive, Waterloo, Ontario Lots 19 - 21, Registered Plan 258, Lots 47, 48, 49 and 51 and Part Lots 14-50, Registered Plan 251 and Part Lot 25, Registered Plan 404, 1253 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Assimacopoulos c/o Gregorios Realty Inc. 310-30 Bluespring Drive Waterloo, ON CONTRA: Mr. H. Kreb c/o 454064 Ontario Inc. 35 Northland Drive Waterloo, ON WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting to rent a unit in this plaza for use as a restaurant and billiard hall and is requesting permission to provide thirty off-street parking spaces for this use rather than the required 34 off-street parking spaces. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting a parking variance to permit a restaurant/billiard hall to occupy one unit in the existing commercial plaza. The unit is vacant and has a gross floor area of 510 square metres. The gross floor area of the plaza is 1619 square metres. The by-law requires 1 parking space for every 27 square metres of gross floor area, or a total of 60 parking spaces for the entire plaza. The approved site plan illustrates 45 parking spaces on the site. It is noted that the parking lot layout is not in agreement with the approved plan and may not be functional in certain areas. Prior to being rezoned to CR-4 by Stage 6 of the Comprehensive Zoning By-law in January 1994, the property was zoned C3 with special use and special regulation provisions in By-law 4830. The former zoning required a minimum of 45 parking spaces in recognition of the limited on-site parking available. Existing uses in the plaza include a plumbing supply shop, a boxing club, a fitness club (which occupies two units) and a computer business. The occupied units have a total gross floor area of 1109 square metres (68.5% of the plaza). These units appear to have legal non-conforming status with respect to the parking regulations of the current by-law, and require a total of 31 spaces (68.5% of the 45 spaces required by the former by-law). This leaves a total of 14 spaces for the vacant unit, which now requires 19 spaces. The application should be revised to request a variance reducing the parking requirement from 19 parking spaces to 14. In relation to the parking requirement for commercial plazas, the general intent and purpose of the zoning by-law is to establish a reasonable supply of parking for the entire plaza, and not to establish parking requirements on the use of individual units. This intent is not maintained as the 45 spaces on site are well short of the 60 spaces required. The proposed variance is not desirable for the appropriate development and use of the land as a restaurant is the most parking-intensive use in the by-law, requiring one space for every 7.5 square metres of gross floor area. The proposed occupant would be 50% restaurant and 50% billiard hall. At the rate of one space COMMITTEE OF ADJUSTMENT 51 MARCH 19, 1996 per 7.5 square metres, the restaurant portion alone would require 34 spaces, with another 11 spaces for the billiard hall at one space per 23 square metres. The proposed use is substantially more intensive than the previous use, which was a piano showroom. 3. Submission No. A 13/96 - 454064 Ontario Inc. - cont'd The impact of the variance is not considered to be minor as overflow parking would have very few alternative parking opportunities. On street parking is not permitted on King Street or Charles Street. Overflow parking would likely use neighbouring commercial businesses or residential side streets, such as Sheldon Avenue North. The configuration of the site is unusual, as it surrounds the residential property addressed as 16 Sheldon Avenue South. It is anticipated that ultimately the parking lot will have to be expanded by consolidation of the plaza site with the Sheldon Avenue property. Approval of the variance now would not only perpetuate the existing problem, but magnify the problem by allowing a more intensive use. As an alternative the zoning by-law contains provisions for off-site parking to be provided on another lot, also zoned CR-4, within 300 metres. In the opinion of staff, the proposal does not meet the four tests set out in Section 45 (1) of the Planning Act. The Department of Planning and Development recommends refusal of Submission A 13/96; alternatively, the Committee may wish to defer the application to allow the owner to explore opportunities for an off-site parking agreement. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required for any new construction. The Committee considered the comments of Mr. K. Mayer, Traffic Analyst, Traffic & Parking Division, in which he advised that the division has concerns with the proposed parking deficiency. On-street parking in this vicinity is restricted and overflow parking generated from the proposed use may extend onto adjacent residential streets or abutting commercial properties. The existing parking layout does not comply to City parking design standards and necessary revisions would require the elimination of approximately four (4) parking stalls, which would further compound the parking shortfall. The Chairman, considering the staff comments, enquired of the applicant if he would like a deferral. Mr. Kreb addressed the Committee advising of the tenant mix in this plaza and of each uses peak demand for parking. He also advised that it is difficult to rent additional parking spaces in this area. Upon questioning by the Committee, Mr. J. Willmer, Intermediate Planner, advised that he has spoken with the applicant who already had explained the tenant mix and parking demand. Mr. Willmer pointed out that the by-law would currently require 60 parking spaces for this plaza, so the property is already deficient in parking according to current standards. The owner has the option to expand the parking lot or find additional parking elsewhere. The applicant could either buy the property at 16 Sheldon Avenue or make arrangements to use the backyard. Mr. Kreb responded that he previously presented an offer to purchase the property on Sheldon Avenue but it was turned down. He advised the Committee that he would like them to defer consideration of this application at this time so that he may have an opportunity to work with staff on this parking situation. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That consideration of Submission No. A 13/96 be deferred to the Committee of Adjustment meeting scheduled for April 16, 1996, in order to allow the applicant an opportunity to work with City Planning staff. Carried 4. Submission No. A 14/96 - Rosen Estates Limited, 353 Manitou Drive, Kitchener, Ontario Re: Part Lot 4, Registered Plan 366 and Lot 13 and Part Lots 5, 10, 16 & 19 Municipal Compiled Plan of Subdivision of Part of Lot 18, German Company Tract, 329 Stirling Avenue South, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 52 MARCH 19, 1996 This application was considered in conjunction with Submission No. B 19/96 as described in the Minutes for Consent. CONSENT UNFINISHED BUSINESS 1. Submission No. B 75/95 - J. Mark Hood, 1420 Daan Village Road, Kitchener, Ontario Re: Part 6, Reference Plan 58R-9299, 1398 Daan village Road, Kitchener, Ontario. - and - Submission No. B 76/95 - Samuel J. Hood, 162 Concession Street, Cambridge, Ontario Re: Parts 2 & 3, Reference Plan 58R-9299, 1404 Doon Village Road, Kitchener, Ontario. At the request of Mr. S. Hood the Committee agreed to one last deferral of these applications to the meeting scheduled for May 7, 1996. APPLICATIONS Submission No. B 17/96 - Renate Westhoff In Trust, c/o Eiwo Canadian Management Company, 82 Weber Street East, Kitchener, Ontario. Re: Part Lots 4 & 5, Registered Plan 1237, Being Parts 1 & 2, Reference Plan 58R-664, 8 Birkshire Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. G. Wolf 82 Weber Street East Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the owner of 8 Birkshire Court wishes to give a right-of-way/easement over that property to the owners at 10 Birkshire Court to allow them access to the street. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the owner of 8 Birkshire Court is requesting permission to give a right-of-way/easement over her property to the owners of 10 Birkshire Court to allow them access to the street. The property at 8 Birkshire Court was built in 1972 and the property at 10 Birkshire Court was built in 1973. The owner of both properties at the time was EIWO Canadian Building Company Limited who built both buildings. The property at 8 Birkshire Court is currently owned by Renate Westhoff, in Trust, and 10 Birkshire Court is owned by Gredee Investments Limited. Both properties are maintained by EIWO Canadian Management Co. Ltd. on behalf of the owners. When the City approved the site plan for the building at 10 Birkshire Court, two alternatives for access to the site were noted on the site plan, one providing direct access to Birkshire Court and the second, access by way of mutual driveway through the lands at 8 Birkshire Court subject to the owner receiving Region of Waterloo Land Division Committee approval. The owners of the property developed the access based on the second option but have never applied to the Committee of Adjustment or the former Regional Land Division Committee for approvals for a right-of-way. A site inspection confirmed that 10 Birkshire Court currently has access through 8 Birkshire Court and COMMITTEE OF ADJUSTMENT 53 MARCH 19, 1996 appears to have been in use this way since the property was developed in 1973. This access appears to function well and the Department of Planning and Development has no concerns. 1. Submission No. B 17/96 - Renate Westhoff In Trust - cont'd The Department recommends approval of easement/right-of-way over part of 8 Birkshire Court to the owner of 10 Birkshire Court for ingress and egress to 10 Birkshire Court subject to the following: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building & Inspections in which he advised that he has no concerns or comments with respect to this Submission. The Committee noted the comments of the Department of Planning & Culture for the Region of Waterloo, in which they advised that they have no concerns with this application. Mr. Wolf addressed the Committee advising that the staff comments accurately set out the circumstances. The Committee's approval of this application will confirm what has taken place over the past twenty years and will put in place what the City intended at the site plan stage in the 1970's. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Renate Westhoff in Trust requesting permission to give a right-of-way/easement over Parts 1 & 2, Reference Plan 58R-664 to the benefit of 10 Birkshire Court on Part Lots 4 & 5, Registered Plan 1237, Being Parts 1 & 2, Reference Plan 58R-664, 8 Birkshire Court Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 18/96 - James McGlynn, 2554 Doctor's Road, Nanaimo, Columbia Part Lot 4, Registered Plan 868, 99 Morrison Road, Kitchener, Ontario. British APPEARANCES: IN SUPPORT: Mr. W. O'Neill 842 Victoria Street North Kitchener, ON CONTRA: Mr. K. Currier 310 Chandos Court Kitchener, ON COMMITTEE OF ADJUSTMENT 54 MARCH 19, 1996 2. Submission No. B 18/96 - James McGlynn - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Mr. K. Parker 15 Chandos Drive Kitchener, ON Mr. & Mrs. Boa 314 Chandos Crt. Kitchener, ON The Committee was advised that the applicant is requesting to sever a parcel of land on the south side of the property, for a single family dwelling. The land to be severed will have a width of 14.63 m (48 ft.), a depth of 45.72 m (150 ft.) and an area of 668.88 m2 (7,200 sq. ft.). The Committee reviewed the comments of the Department of Planning and Development, in which they advised that application to the Committee of Adjustment has been made for a consent application which proposes a severance to create one additional parcel from lands known municipally as 99 Morrison Road. Specifically, the application proposes a severed lot having a width of 14.63 m and a depth of 45.72 m with a total area of 668.9 m2. The parcel to be severed is proposed to be developed with a single detached dwelling. The lands to be retained have a lot width of 25.6 m and a lot depth of 45.72 m having a total area of 1,168.4 m2. The retained lands are developed with a one storey single detached dwelling. Both the severed and retained lands front Morrison Road. Both the severed and retained lands as proposed, comply with the existing zoning affecting the subject parcels. The general area is characterized by lands which have been developed for single detached dwellings. The lands to the rear of the subject parcel (to the east of the subject lands) have recently been developed for single detached dwellings as part of the plan of subdivision for Chandos Drive and Chandos Court. This plan of subdivision was developed in conjunction with some of the surrounding lots which front Morrison Road. It is noted that generally the lots which are located on the east side of Morrison Road are similar to the subject lands as they exist today, prior to the severance application, having a lot width of approximately 40 m. Some of the larger parcels on the east side of Morrison Road, however, have been developed through severance or plan of subdivision in conjunction with abutting parcels. The lots which are located on the west side of Morrison Road are also developed with single detached dwellings and are typically 14 m (45 ft.) in width. Therefore, the proposed lands to be severed are compatible with the existing area and the pattern of lot development that has occurred on surrounding lands. The proposed lands to be retained and to a greater extent the lands to be severed have a significant number of large mature trees generally located along the perimeter of the lands to be severed. In addition there are several trees which are located within the rear yard area of the lands to be severed, three trees which appear to be within the area to be developed with the proposed dwelling and two trees within the front yard of the lands to be severed and are located approximately 10-15 feet from the existing paved portion of Morrison Road. Given the lot width and area of the subject parcel, the existing trees along the perimeter of the lots, being the southerly side lot line and the rear lot line, should not be affected by the proposed dwelling to be located on the lands as there is sufficient land in the centre of the property to design and locate a dwelling. The trees located in the front yard, also should not be affected by the location of the new dwelling, depending on the location of the proposed driveway access to the proposed dwelling. The three trees located in the middle of the site adjacent to the existing dwelling on the retained lands, would likely have to be removed for the proposed dwelling. The existing trees located on site, appear to be in good condition and therefore the trees located on the perimeter of the lands and within the front yard should not be affected or removed by the placing of a new dwelling. The Department is not particularly concerned with the three trees located in the middle of the site, as they would likely have to be removed to locate the new dwelling. 2. Submission No. B 18/96 - James McGlynn - cont'd The applicant has noted that the existing perimeter trees will remain and be maintained as the new dwelling will not require removal of those trees and furthermore, the applicant recognizes the value of the existing mature trees and wishes to preserve them. COMMITTEE OF ADJUSTMENT 55 MARCH 19, 1996 The Department has discussed with the applicant the condition requiring the submission of a building location plan and site plan to identify the existing trees to be protected. This submission is to be approved by the Manager of Community Planning and Development Review prior to the issuance of any building permit for the proposed lot. As the consent application proposes a lot which is in compliance to the existing zoning by-law and is compatible with the existing lots and land use in the surrounding area, the Department has no concerns with the Consent application. The Department of Planning and Development recommends approval of consent application B 18/96, as submitted, conditional upon the following. That the owner pay to the City of Kitchener a cash-in-lieu of parkland contribution for parkland dedication equal to 5% of the value of the land to be severed. To make satisfactory financial arrangements with the City's Department of Public Works, for the installation of all new service connections to the severed lands and retained lands. To make satisfactory financial arrangements with the City's Department of Public Works for the installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands and retained lands. To enter into a subdivision agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a) The Owner agrees to submit a building location plan showing the proposed location of all buildings (including accessory buildings), decks and driveways and the location, species and size of all existing trees on the lands to be severed and to obtain approval of same from the City's Manager of Community Planning and Development Review, prior to the issuance of any building permits. The owner agrees that no changes to the said plan shall be granted except with the prior approval of the City's Manager of Community Planning and Development Review. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building & Inspections in which he advised that he has no concerns or comments with respect to this Submission. The Committee considered the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objection to the approval of this application. The Committee noted the written submission of Mr. K. Parker, 15 Chandos Drive, advising of his objection to the approval of this application because he is concerned that the grading and landscaping of his property and other properties surrounding the subject property will be vastly affected. The Committee also considered the written submission of Mr. & Mrs. T. Boa, 314 Chandos Court, advising of their concerns with a reduction in property values and the existing trees on the lot. They requested that if the application is to be approved, that restrictions be placed on how the land can be developed. 2. Submission No. B 18/96 - James McGlynn - cont'd Mr. W. Dahms questioned Mr. O'Neill as to whether he had read the submissions of the neighbours and their concerns about grading. Mr. O'Neill responded that he had read the neighbours' submissions and that any new development in the City of Kitchener requires the prior approval of a grading plan. Mr. Dahms then questioned Mr. J. Willmer, Intermediate Planner, who advised that approval of a grading plan is a standard requirement for obtaining a building permit. Mr. S. Kay then advised that he may have a conflict of interest with this application and he withdrew from the room. COMMITTEE OF ADJUSTMENT 56 MARCH 19, 1996 Mr. K. Currier advised the Committee that he wants some assurance that a tree saving plan will be required for this lot. Mr. J. Willmer, Intermediate Planner, advised that staff are asking for a site plan locating the trees and there is a difference between this requirement and a tree saving plan. A tree saving plan and agreement are not appropriate for this lot. What is being requested is a site plan locating the trees which will protect the trees during the construction of the house. Mr. Dahms questioned whether there are any regulations prohibiting the removal of the trees and Mr. Willmer advised that there are none. Mr. A. Galloway put forward a motion to approve the application with all of the conditions requested be staff. In addition, condition No. 4 in City staffs report should be expanded to require the approval of a grading plan. This motion was seconded by Mr. W. Dahms. The Chairman read aloud the proposed conditions for the benefit of Mr. Currier. The Chairman advised that the new lot complies with City by-laws and the official plan and that, in addition, it is the Committee's responsibility to determine if a plan of subdivision is necessary for the orderly development of the municipality, which, in this case, it is not. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of James McGlynn requesting permission to convey a parcel of land having a width of 14.63 m (48 ft.) by a depth of 45.72 m (150 ft.) and having an area of 668.88 m2 (7,200 sq. ft.) on Part Lot 4, Registered Plan 868, 99 Morrison Road, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of all new service connections to the severed lands and retained lands. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp. That the owner shall enter into a subdivision agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands, which shall include the following: a) That the owner agrees to submit a building location plan showing the proposed location of all buildings (including accessory buildings) decks and driveways and the location, species and size of all existing trees on the lands to be severed and to obtain approval of same from the City's Manager of Community Planning & Development Review prior to the issuance of any building permits. The owner agrees that no changes to the said plan shall be granted except with the prior approval of the City's Manager of Community Planning & Development Review. b) That the owner agrees to submit a grading plan and obtain approval of same from the City's Chief Building Official prior to obtaining a building permit. 2. Submission No. B 18/96 - James McGlynn - cont'd That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT 57 MARCH 19, 1996 The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 19/96 & A 14/96 - Rosen Estates Limited, 353 Manitou Drive, Kitchener, Ontario Re: Part Lot 4, Registered Plan 366 and Lot 13 and Part Lots 5, 10, 16 & 19 Municipal Compiled Plan of Subdivision of Part of Lot 18, German Company Tract, 329 Stirling Avenue South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Limited Mr. P. Britton MacNaughton Hermsen Britton Clarkson Planning 171 Victoria Street North Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: Ms. K. Fraser c/o C. N. Rail 503-277 Front Street West Toronto, Ontario CONTRA: NONE The Committee was advised that in Submission No. B 19/96 the applicant is requesting permission to sever the rear portion of the property, with the severed parcel containing the one storey industrial building. The only street frontage for the severed parcel would be the 7.05 m (23.13 ft.) frontage on Mill Street. In addition, the applicant is requesting permission to create a right-of-way over the retained lands (fronting Stirling Avenue) to allow access to and from Stirling Avenue for the severed parcel. It is also proposed that easements be created over both the severed and retained lands for water and sewer. The Committee was further advised that in Submission No. A 14/96 the applicant is requesting permission for the proposed frontage on Mill Street on the severed parcel. The frontage would be 7.05 m (23.13 ft.) at the street and 8.2 m (26.91 ft.) at the building line setback rather than the required 15 m (49.22 ft.). 3. Submission No.'s B 19/96 & A 14/96 - Rosen Estates Limited - cont'd The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the application proposes to sever an industrial property located to the rear of properties fronting onto Mill Street adjacent to the Canadian National Railway property, into two parcels so that one of the main buildings and associated property can be conveyed. No new construction is contemplated at this time. The lands to be retained would be 1.53 hectares in size and are occupied by a two storey industrial warehouse occupied by MTD Canada. The lands to be severed are developed with an industrial building presently occupied by Associated Packaging Enterprises Inc. and would be 3.33 hectares in size. The site operates with a main access to Stirling Avenue, which is intended to continue to be used by both properties. A gravel access to Mill Street is also available, which was relocated from lands which were conveyed to the City when improvements were made to the Shoemaker Creek. The gravel driveway was reconstructed by the City to access the property. The application includes the provision for rights-of-way over Parts 2 and 4 of the retained lands in favour of the severed lands, so that Stirling Avenue continues to be used as the primary access. COMMITTEE OF ADJUSTMENT 58 MARCH 19, 1996 The application includes the request to establish a right-of-way for the rail siding and a number of easements for services, to provide for a new sanitary sewer to the severed lands as well as the continued sharing of other existing municipal services. These have been reviewed by the Public Works staff and are set out to their satisfaction. Minor variance approval is required to permit the severed lands to have a lot width of 8.2 metres along Mill Street, whereas the by-law requires 15 metres. The severance has no effect on the width of lot fronting Mill Street. Prior to the conveyance of lands to the City for the creek improvement, the property had 18.2 metres along Mill Street. The purpose of the lot width requirement is to ensure adequate access and street frontage for the development of the land. The property is unusually configured, having limited exposure to Mill Street along this narrow part of the lot. Access will continue to be provided to both parcels by a wide, paved driveway to Stirling Avenue, established by way of a right-of-way over the retained lands. In the event of an emergency, access can be gained to Mill Street. Accordingly, it is the opinion of staff that the intent of the by-law is met and since the existing situation is intended to be maintained, it is the opinion of staff that the variance is minor and appropriate for the property. The intent of the Municipal plan is that industrial activity take place on the property, and the intent of the Plan is therefore maintained. The Department will require the submission of revised Site Plans which will reflect the proposed lots, which can be registered on the title of each lot following the endorsement of the deed. Further, the lands to be severed require 45 parking spaces according to the number of employees of the manufacturing firm. The original site plan shows 40 parking spaces near this building; a site inspection reveals that while parking is provided in this area, it is not arranged in the manner shown on the site plan. As such, the Department will require that parking for 45 spaces be provided and demarcated prior to the endorsement of deeds, which may be by a revised arrangement in the existing parking area or the addition of 5 spaces in another location. This can be addressed in the application for a Revised Site Plan. A. That Minor Variance application A-11/96 be approved without conditions. B. That Consent Application B-19/96 be approved subject to the following conditions: 1. That Minor Variance Application A-14/96 receive final approval. 2. To make satisfactory financial arrangements with the City's Department of Public Works, for the installation of new service connections to the severed lands. 3. That revised Site Plan applications be filed for each of the severed and retained lands reflecting the new lot line to be created by this consent. 3. Submission No.'s B 19/96 & A 14/96 - Rosen Estates Limited - cont'd 4. That 45 parking spaces be demarcated on the lands to be severed to the satisfaction of the Manager of Community Planning and Development. 5. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building & Inspections in which he advised that he has no concerns or comments with respect to this Submission. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objection to the approval of these applications. The Committee noted the comments of Mrs. E. Caston, Senior Resource Planner, Grand River Conservation Authority, in which she advised that there is no objection to the approval of these applications; however, any future construction or other alteration within the severed parcel will require the prior approval of the Grand River Conservation Authority. The Committee noted the written submission of Ms. K. Fraser, C. N. Rail, asking that certain conditions be imposed if this application is to be approved. Mr. P. Britton addressed the Committee on behalf of the owner and explained the purpose of these COMMITTEE OF ADJUSTMENT 59 MARCH 19, 1996 applications. He advised that he is in support of the comments from the City's Department of Planning & Development. Mr. Britton went on to explain that the site will continue to function as it currently functions with access to Stirling Avenue. Mr. Britton then referred to the written submission of Ms. K. Fraser, C.N.Rail and advised that the owners would be prepared to erect the requested fence provided that it did not interfere with the active railway siding. He asked that the condition be worded in such a fashion that the fence not be required across the siding. A discussion then took place concerning the proposed easements and rights-of-way and the delineation of each. Submission No. B 19/96 Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of Rosen Estates Limited requesting permission to convey a parcel of land having a frontage on Mill Street of 7.05 m (23.13 ft.) having an irregular shape and having a area of 3.334 hectares (8.23 acres); together with a right-of-way and easement over part of the retained lands (shown as Part 2 on the plan submitted with this application), together with a right-of-way and easement for gas, water and storm sewer over the part of the retained lands (shown as Part 4 on the Plan) and together with an easement for storm and sanitary sewers over part of the retained lands (shown as Part 5 on the Plan) and reserving an easement for storm and sanitary sewer and rail siding right-of-way over part of the severed land (shown as Part 7 on the plan), reserving an easement over part of the severed land for sanitary sewer (shown as Part 9 on the plan) and reserving further easements over parts of the severed land for sanitary sewer (shown as Part 11 & 12 on the plan) on Part Lot 4, Registered Plan 366 and Lot 13 and Part Lots 5, 10, 16 and 19, Municipal Compiled Plan of Subdivision of Lot 18, German Company Tract, 329 Stirling Avenue South, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall install and maintain a 1.83 m (6 ft.) high chainlink fence along the mutual property line between the subject property and the C.N. Rail lands, save and expect that portion necessary to access the active railway siding. 2. That the owner shall obtain final approval of Submission No. A 14/96. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of new service connections to the severed lands. 3. Submission No.'s B 19/96 & A 14/96 - Rosen Estates Limited - cont'd Submission No. B 19/96 - cont'd That the owner shall submit revised site plan applications for each of the severed and retained lands reflecting the new lot line to be created by this Consent. That the owner shall demarcate 45 parking spaces on the land to be severed to the satisfaction of the City's Manager of Community Planning & Development Review. That the owner shall make satisfactory arrangements to the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 60 MARCH 19, 1996 The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. A 14/96 Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of Rosen Estates Limited requesting permission for a lot having a frontage on Mill Street, at the building line, of 8.2 m (26.91 ft.) and at the streetline of 7.05 m (23.13 ft.) rather than the required 15 m (49.22 ft.) on Lot 13, and Part Lots 5, 10, 16 & 19, Municipal Compiled Plan of Subdivision of Lot 18 German Company Tract, 329 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 Official Plan are being maintained on the subject property. Carried Submission No. B 20/96 - B 25/96 - Activa Development Corp., 735 Bridge Street West, Waterloo, Ontario Block 25, Registered Plan 1822, Wilderness Drive and Grey Fox Drive, Kitchener, Ontario. Mr. S. Kay declared a conflict of interest with this application as his law firm acts for one of the officers of Activa Development Corporation and did not participate in any discussion or voting with respect to these applications. 4. Submission No. B 20/96 - B 25/96 - Activa Development Corp. - cont'd APPEARANCES: IN SUPPORT: Mr. J. Griesbaum 33 Chartwell Court Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to create a private right-of-way for the six freehold townhouse units to be developed on this land. The right-of-way will enter the property from Grey Fox Drive and run parallel to Wilderness Drive across the front of each of the six lots. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the subject lands are legally described as Block 25, Registered Plan 1822, and further described as Parts 1 through 23 of Reference Plan 58R-9948. The lands are located at the intersection of Wilderness Drive and Grey Fox Drive within the Laurentian West community. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned Residential Six (R-6) Zone according to Zoning By-law 85-1. The applicant, Activa Development Corporation, proposes to construct a private driveway on a shared right- COMMITTEE OF ADJUSTMENT 61 MARCH 19, 1996 of-way as the primary means of access to a development containing six street townhouse dwellings. The proposed private drive would be 6 metres in width and would connect with Grey Fox Drive 12 metres east of Wilderness Drive. A review of the proposed development reveals that there is sufficient area to provide the proposed 6 metre shared right-of-way and still allow future development to meet the regulations of the R-6 Zone. Further, the proposed shared right-of-way is in conformity with an approved site plan for the lands. Given the above, the Department of Planning and Development recommends approval of consent applications B 20/96 through B 26/95 subject to conditions. The Department of Planning and Development recommends that consent applications B 20/96 through B 25/96 inclusive be approved subject to the following conditions: That satisfactory financial arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the right-of-way document be worded to the satisfaction of the City Solicitor and shall include provision for the maintenance of and access to the private drive in perpetuity. The Committee noted the comments of the Director of Building & Inspections in which he advised that he has no concerns or comments with respect to this Submission. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo in which they advised that they have no objection to these applications. Mr. Griesbaum addressed the Committee clarifying the applications. He advised that the lands are to be developed with 6 freehold units, created through part lot control. The City of Kitchener has requested that all access be gained from Grey Fox Drive. 4. Submission No. B 20/96 - B 25/96 - Activa Development Corp. - cont'd Submission No. B 20/96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission to give an easement over Part 2, Reference Plan 58R-9948 on Part of Block, Registered Plan 1822, Being Parts 1, 2 & 3, Reference Plan 58R-9948 Grey Fox Drive and Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. That the owner shall obtain approval of the wording of the right-of-way document from the City Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained COMMITTEE OF ADJUSTMENT 62 MARCH 19, 1996 lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 21/96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission to give an easement over Part 5, Reference Plan 58R-9948 on Parts of Block 25, Registered Plan 1822, Being Parts 4, 5 and 6, Reference Plan 58R-9948, Grey Fox Drive and Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. That the owner shall obtain approval of the wording of the right-of-way document from the City Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. 4. Submission No. B 20/96 - B 25/96 - Activa Development Corp. - cont'd Submission No. B 21/96 It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 22~96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission to get an easement over Parts 8 & 11, Reference Plan 58R-9948 on Parts of Block 25, Registered Plan 1822, Being Part 7, 8, 9, 10, 11 & 12, Reference Plan 58R-9948 Grey Fox Drive and Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. 2. That the owner shall obtain approval of the wording of the right-of-way document from the City COMMITTEE OF ADJUSTMENT 63 MARCH 19, 1996 Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 23/96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Active Development Corporation requesting permission to give an easement over Parts 14 & 17, Reference Plan 58R-9948, on Parts of Block 25, Registered Plan 1822, Being Parts 13, 14, 15, 16 17 and 18, Reference Plan 58R-9948 Grey Fox Drive and Wilderness Drive Kitchener, Ontario BE GRANTED subject to the following conditions: 4. Submission No. B 20/96 - B 25/96 - Activa Development Corp. - cont'd Submission No. B 23/96 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. 2. That the owner shall obtain approval of the wording of the right-of-way document from the City Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried COMMITTEE OF ADJUSTMENT 64 MARCH 19, 1996 Submission No. B 24/96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission to give an easement over Part 20, Reference Plan 58R-9948 on Parts of Block 25, Registered Plan 1822, Being Parts 19, 20 & 21, Reference Plan 58R-9948, Grey Fox Drive and Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. That the owner shall obtain approval of the wording of the right-of-way document from the City Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 4. Submission No. B 20/96 - B 25/96 - Activa Development Corp. - cont'd Submission No. B 25~96 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission to give an easement over Part 23, Reference Plan 58R-9948 on Parts of Block 25, Registered Plan 1822, Being Parts 22 & 23, Reference Plan 58R-9948 Grey Fox Drive and Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvement charges. That the owner shall obtain approval of the wording of the right-of-way document from the City Solicitor and the document shall include provision for the maintenance of and access to the right-of- way in perpetuity. Pursuant to Subsection 20 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 22 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 19, 1998. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT 65 MARCH 19, 1996 The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried ADJOURNED On Motion, the meeting adjourned. Dated at the City of Kitchener this 19th, day of March 1996. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment