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HomeMy WebLinkAboutAdjustment - 1996-02-27COA\1996-02-27 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 27, 1996 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, D. McKnight, W. Dahms, S. Kay and A. Galloway. Mr. R. Morgan, Zoning Administration Co-ordinator, 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 January 30, 1995, as mailed to the members, be accepted. Carried CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: APPEARANCES: IN SUPPORT: Mr. C. Winters c/o Activa Development Corporation 735 Bridge Street West Waterloo, ON NONE NONE NONE The Committee was advised that the applicant is proposing to construct 16 freehold townhouses and is asking permission for the townhouses to cover 50% of their respective lots rather than the permitted 40% lot coverage. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that application to the Committee has been made in regards to a request to permit the maximum lot MINOR VARIANCE APPLICATIONS 1. Submission No. A 7/96 - Activa Development Corporation, 735 Bridge Street West, Waterloo, Ontario Re: Part Block 2, Registered Plan 1714, Bankside Drive, Kitchener, Ontario. Mr. S. Kay declared a conflict of interest with this application, as his law firm acts for the applicant, and did not participate in any discussion or voting with respect to this application. COMMITTEE OF ADJUSTMENT 28 FEBRUARY 27, 1996 coverage of 50% in relation to proposed street townhouse dwellings on lands legally described as Block 2, Registered Plan 1714. Specifically, Section 41.2.5 permits a maximum lot coverage of 40% for the dwelling and a total of 55% for the dwelling and the accessory buildings located on the lot. The applicants propose a maximum lot coverage of 50% for the dwelling. The subject lands have received site plan approval for the development of a total of 32 townhouse dwellings. The proposed variance will only apply to the street fronting dwellings, of which there are a total of 16 units. The street fronting units are to be developed for free hold ownership and the remaining 16 units are to be developed as a condominium form of ownership. 1. Submission No. A 7/96 - Activa Development Corporation - cont'd The units which front Bankside Drive directly, are to be developed with attached garages and, despite being attached to the dwelling, are considered accessory buildings. The proposed street fronting townhouses comply with the maximum total coverage of 55% permitted by the by-law however, the actual dwelling unit does not comply with the maximum coverage of 40%. As noted by the applicant in discussion and review of the site plan application, the proposed design of the townhouse dwellings is one storey bungalow style townhouse units. As a result of this design of the units, the lot coverage and foot print of the dwellings are notably larger than the typical two storey street townhouse dwellings that have been developed more frequently to date. The dwelling unit area of each bungalow townhouse is approximately 120 m2 (1300 sq. ft.) all designed on one level. Given the design, it results in larger lot coverage and foot print area. In review of the application, the Department recognizes that the maximum overall lot coverage of 55% is being maintained by the proposed development. As the maximum of 55% is not compromised and only the size of the dwelling area coverage is larger, the general intent and purpose of the zoning by-law is being maintained. The Municipal Plan designation of the subject parcel permits the proposed use and therefore the intent and purpose of the Municipal Plan is being maintained and the proposed variance is appropriate for the development of the lands. In the opinion of staff, the proposal meets the four tests set out in Section 45(1) of the Planning Act. The Department of Planning and Development recommends approval of minor variance application A-7/96 as submitted. The Committee noted the report of Ms. E. Caston, Senior Resource Planner, Grand River Conservation Authority in which she advised that portions of the subject property are below the elevation of the Regulatory Floodline of the Sandrock Greenway and consequently is regulated under the Fill, Construction and Alteration to Waterways Regulation. The Grand River Conservation Authority's Fill, Construction and Alteration to Waterways Regulation (Ontario Regulation 149 as amended by 69/93 and 669/94) prohibits the: 1) construction of structures in a pond or swamp or in any area susceptible to flooding during a "Regional Storm"; 2) dumping or placing of fill in the Authority's scheduled areas; and, 3) alterations to any watercourse prior to receiving written consent of the Grand River Conservation Authority. The Grand River Conservation Authority has no objection to the proposed minor variance; however, any additional works on this site will require additional approvals under the Fill, Construction and Alteration to Waterways Regulation. The Committee noted the comments of the Director of Building & Inspections in which he advised that they have no concerns or comments with respect to this submission. Moved by Mr. W. Dahms Seconded by Mr. D McKnight That the application of Activa Development Corporation requesting permission to construct 16 freehold townhouses with a lot coverage of 50% of their respective lots rather than the permitted 40% lot coverage on Part Block 2, Registered Plan 1714, Bankside Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. COMMITTEE OF ADJUSTMENT 29 FEBRUARY 27, 1996 Carried Submission No. A 8/96 - Christian Horizons, 384 Arthur Street South, Ontario Lot 17, Registered Plan 1719, 62 Misty Street, Kitchener, Ontario. Elmira, APPEARANCES: IN SUPPORT: Mr. R. Grimes 171 Queen Street South Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for a driveway width of 12.3 m (40.36 ft.). The Zoning By-law permits driveways to be no wider than 50% of the width of the lot and, in this case, the lot is 20 m (65.62 ft.) wide. The applicant is also requesting permission to provide one parking space in the driveway, closer than 6 m (19.69 ft.) to the property line along Misty Street. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the subject property, located at 62 Misty Street, is occupied by small residential care facility which is required to provide 2 parking spaces, each to be set back 6.0 metres from the lot lines abutting a street. As such dwellings are regulated from a zoning perspective, the same as single detached dwellings in all other respects than the number of parking spaces required, when the building permit was issued, the need to provide the required 2 parking spaces behind the required setback was not identified. With the dwelling now constructed, the options for rectifying the situation discussed with the applicant, included requesting a reduction in parking from two spaces to one space, or to provide the second parking space which could result in it being located ahead of the 6.0 metre setback. The parking was developed in accordance with the attached plan, designed to accommodate two additional parking spaces in the widened section of driveway. This enables the use of the single garage, these two parking spaces, as well as one space in front of the garage. The applicant chose to provide 4 spaces, more than the required number of parking spaces so as to minimize the need for on-street parking. Accordingly, the applicant is seeking approval to permit the second required space to be located closer to the lot line of Misty Street than the 6.0 metres (19.7 feet) required setback, and to legalize the width of the driveway, which is 61% of the lot width, rather than the 50% permitted by the By-law. A further variance is required to permit the driveway width to be 12.3 metres rather than 8.0 metres. With respect to the requested variance for setback from the lot line, the by-law states that off-street parking required for the dwelling shall be located 6.0 metres from the street line. In clarifying the location of the second parking space relative to the 1995 survey on file, it is noted that both of the required parking spaces are located more than 6.0 metres from the lot line, one in the garage, and the second one is located in the widened area, 7.0 metres from Misty Street. As such, this variance is not required. With respect to the width of the driveway, being 61% of the lot width rather than 50% and 12.3 metres rather than 8 metres, the intent of the By-law is such that the lot is able to provide a sufficient portion of the front yard which is not used for parking, affording better opportunities to maintain the aesthetics of the streetscape. In this case, because the lot is a corner lot, the property offers an additional 38 metres of streetscape along Misty Crescent and allows approximately 7.2 metres of landscaped area along Misty Street. Accordingly, it is the opinion of staff that the intent of the By-law is met and the variances are minor. As the variances allow on site parking so as to minimize impact on the neighbourhood, the variance is appropriate for the use of the property. COMMITTEE OF ADJUSTMENT 30 FEBRUARY 27, 1996 2. Submission No. A 8/96 - Christian Horizons - cont'd Staff recommend that application A-8/96, as amended to request approval for a driveway to be 12.3 metres wide rather than 8.0 metres and 61% of the lot width rather than 50%, be approved. At the request of Mr. Grimes, the Committee agreed to consider an amendment to the application in accordance with the Planning Department comments. The Committee noted the comments of Mr. K. Mayer, Traffic Analyst, Traffic & Parking Division, in which he advised that there are no concerns with the driveway as proposed. The Committee noted the comments of the Director of Building & Inspections in which he advised that they have no concerns or comments with respect to this submission. Moved by Mr. W. Dahrns Seconded by Mr. A. Galloway That the application of Christian Horizons requesting permission for a driveway width of 12.3 m (40.36 ft.) rather than the permitted 8 m (26.25 ft.) being 61% of the width of the lot rather than the permitted 50% on Lot 17, Registered Plan 1719, 62 Misty Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 3. Submission No. A 9/96 - Ruby June Koppeser & James Koppeser, 36 Munroe Street, Kitchener, Ontario Re: Part Lots 19 & 20, Registered Plan 889, 36 Munroe Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mrs. J. Koppeser 36 Munroe Street Kitchener, ON Mrs. Elsie Wombwell 32 Munroe Street Kitchener, ON NONE Mrs. Elsie Wombwell 32 Munroe Street Kitchener, ON The Committee was advised that the applicant is requesting permission to construct a 7.93 m (26 ft.) by 9.76 m (32 ft.) detached garage in the rearyard. The proposed garage would have a 0.6 m (2 ft.) rearyard and a 0.6 m (2 ft.) northerly sideyard and the garage would cover 15.8% of the lot. The By-law requires a rearyard of 1.2 m (4 ft.) and a sideyard of 1.2 m (4 ft.) for detached garages and detached garages may only cover 15% of the lot. COMMITTEE OF ADJUSTMENT 31 FEBRUARY 27, 1996 3. Submission No. A 9/96 - Ruby June Koppeser & James Koppeser - cont'd The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting variances to the regulations of the by-law in order to increase the maximum lot coverage for an accessory building from 15% to 15.81% and to reduce the minimum side and rear yard from 1.2 metres to 0.6 metres for the accessory building. The proposed building is a 7.9 x 9.8 metre (26 ft. x 32 ft.) detached garage which is intended to house a recreational vehicle. With regard to the size of the proposed garage, the general intent and purpose of the zoning by-law and official plan is to restrict building coverage so that a lot does not become overbuilt. This intent is maintained as the proposed building exceeds the maximum by only a small amount, and the total coverage of all buildings on the lot is 36.1%, which is well below the maximum of 55% permitted. The variance is considered to be minor as the proposed garage is only 3.9 square metres (42 square feet) larger than permitted by the by-law. The proposed variance is desirable for the appropriate development and use of the land as the garage would screen the stored vehicle from the view of neighbouring residents. With regard to the location of the proposed garage, the proposed 0.6 metre yards maintain the general intent and purpose of the zoning by-law and official plan, which is to provide a reasonable separation between accessory buildings and lot boundaries. The effect of the variance is minor as the proposed 0.6 metre yards still allow enough room for property maintenance. In this case, there is limited room between the existing house and the proposed garage for vehicles to get into the garage. The variance is desirable as the reduced yards provide more room for access to the garage. In the opinion of staff, the proposal meets the four tests set out in Section 45 (1) of the Planning Act. The Department of Planning and Development recommends approval of Submission A 9/96. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required to construct a new garage. He further advised that there shall be no openings in a wall located less than 1.2 m from property line. The Committee was in receipt of a letter from Mrs. Elsie Wombwell in which she states that the approval of this application will reduce her property value and asks that the existing by-law be adhered to. Mrs. Koppeser addressed the Committee advising that this is to be a two car garage to house a motorhome which is currently parked in the driveway. A 4 ft. sideyard and rearyard would make it difficult to manoeuvre the vehicle past the house and into the garage. Further she advised that all other detached garages on Munroe Street have side and rearyards of 2 ft. or less. Mrs. Wombwell addressed the Committee advising that there is a drop in elevation from the front of the lot to the rear and they will have to put in a lot of fill. Further, because the garage will house a motorhome, it will be larger than usual. Mrs. Wombwell advised that her main concerns are drainage and that the garage will block her view. She was also concerned that her hedge will be destroyed. Mrs. Koppeser advised that currently Mrs. Wombwell's property drains onto to her property, as Mrs. Wombwell's property is at a higher elevation. When the garage is constructed, weeping tiles will be installed and the garage will have eavestroughs in order to direct water away from Mrs. Wombwell's property and garage to the middle of her own property. Mr. J. Willmer, Intermediate Planner advised that a grading plan must be submitted for approval when the property owners apply for a building permit. Mrs. Koppeser stated that she believed that a 2 ft. sideyard is sufficient to allow for a maintenance of that side of the garage and will also allow space for Mrs. Wombwell to maintain her hedge, as Mrs. Wombwell does come onto her property to maintain the hedge. 3. Submission No. A 9/96 - Ruby June Koppeser & James Koppeser - cont'd When questioned by the Committee as to why it is not possible to comply with the by-law, Mrs. Koppeser responded that it is due to the fact that the driveway is up against the house and that it is necessary to be able to drive straight through to the garage. COMMITTEE OF ADJUSTMENT 32 FEBRUARY 27, 1996 Moved by Mr.D. McKnight Seconded by Mr.S. Kay That the application of Ruby June & James Koppeser requesting permission to construct a 7.93 m (26 ft.) by 9.76 m (32 ft.) detached garage in the rearyard, with a 0.6 m (2 ft.) rearyard and a 0.6 m (2 ft.) northerly sideyard rather than the required 1.2 m (4 ft.), covering 15.81% of the lot rather than the permitted 15% on Part Lots 19 & 20, Registered Plan 889, 36 Munroe Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 4. Submission No. A 10/96 - Peter & Linda Gebauer, 176 Indian Road, Kitchener, Ontario Re: Lot 9, Registered Plan 1178, 176 Indian Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mrs. L. Gebauer 176 Indian Road Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are proposing to convert their existing garage into a family room and are requesting permission to provide two parking spaces in the existing driveway. The by-law currently requires parking spaces to be located no closer than 6 m (19.69 ft.) to the front property line. The Committee noted the comments of the Department of Planning & Development in which they advised that Application for Minor Variance has been requested in regards to the required set back of the required parking space from a street in relation to the existing single detached dwelling on lands municipally known as 176 Indian Road. Specifically, Section 6.1 .lb requires that the parking space required for a single detached dwelling be located a minimum distance of 6 metres from the street line, whereas, the applicant proposes a setback of 2.2 metres. The applicant proposes to convert the existing attached garage area into a family room for the existing dwelling. As a result, the garage which was the legal parking space in compliance with the zoning by-law, will no longer be available to be used as the required parking space. The current set back of the garage area and driveway length from the property line is 7.7 metres and the applicants propose to park in front of the existing garage area. As a parking space depth is 5.49 metres the remaining setback of 2.2 metres is available from the street line. In review of the subject lands and Application for Minor Variance, it is noted the existing driveway area is 18 feet wide and can accommodate two vehicles. 4. Submission No. A 10/96 - Peter & Linda Gebauer - cont'd The Department reviewed the possibility of creating parking within the rear yard of the lot; however, this area represents the only significant landscaped and privacy area available on the lands and creating a parking space would significantly impact the enjoyment of the rear yard which is currently fenced and contains mature landscaping. In consideration of the foregoing and recognizing the typical situation where cars for the existing dwelling will continue to park in the same fashion in the future with no noticeable impact to the existing development COMMITTEE OF ADJUSTMENT 33 FEBRUARY 27, 1996 on the lot as a result of the variance requested, the Department is of the opinion that the variance maintains the general intent and purpose of the zoning by-law and municipal plan. The variance appears to be appropriate for the continued development and enjoyment of the subject lands and would not significantly impact the abutting lands and use thereof. In the opinion of staff, the proposal meets the four tests set out in Section 45(1) of the Planning Act. The Department of Planning and Development recommends approval of Committee of Adjustment application A- 10/96 as submitted. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required to convert the existing garage to living space. The Committee noted the comments of Mr. K. Mayer, Traffic Analyst, Traffic & Parking Division, in which he has no concerns with this application. Mr. W. Dahms put forwarded a motion to approve the application which was seconded by Mr. A. Galloway. A discussion took place concerning the distance between the end of the cars and the sidewalk and the number of cars to be parked in the driveway. Mrs. Gebauer advised that currently there a three cars parked on the property, but by May there would only be two. Further the driveway is wide enough to park two cars side by side and the cars would not interfere with the sidewalk. Mrs. Gebauer then referred to the comments of the Traffic & Parking Division advising that they have no concerns with the application. Mr. W. Dahms agreed to an amendment to his previous motion to permit side-by-side parking and not parking in tandem. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Peter & Linda Gebauer requesting permission to provide two off-street parking spaces, side-by-side, in the existing driveway, closer than 6 m (19.69 ft.) to the property line along Indian Road on Lot 9, Registered Plan 1178, 176 Indian Road, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the variance as approved in the application does not include permission for tandem parking. 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 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 - 2. Submission No. B 76/95 - Samuel J. Hood, 162 Concession Street, Cambridge, COMMITTEE OF ADJUSTMENT 34 FEBRUARY 27, 1996 Ontario Re: Parts 2 & 3, Reference Plan 58R-9299, 1404 Doon Village Road, Kitchener, Ontario. The Committee was in receipt of a request from Mr. S. Hood to defer consideration of these applications to the meeting to be held on March 19, 1996 and the Committee agreed to this request. APPLICATIONS 1. Submission No. B 10/96 - Joseph Martin Wasilka 90 Chestnut Street, Kitchener, Ontario Re: Part Lot 20, Registered Plan 398 and Part Lot 175, Sub-division of Lot 17, German Company Tract, 24 and 26 Courtland Avenue East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Wasilka 90 Chestnut Street Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant owns two townhouse units and is requesting permission for a severance so that he can deal with each unit separately. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that this application seeks consent approval to sever a street townhouse known as 26 Courtland Avenue from 24 Courtland Avenue. These units are contained in a street townhouse dwelling containing 8 townhouses, some of which contain two dwelling units. The severance would not change the continued use of the retained or severed lands and has no impact other than to separate title. The lots to be created comply with the provisions of the zoning by-law and as such, staff have no concerns with the severance. That B-10/96 be approved subject to the following standard condition: 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. 1. Submission No. B 10/96 - Joseph Martin Wasilka - cont'd The Committee noted the comments of The Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to the approval of this application subject to certain conditions. Mr. Wasilka addressed the Committee advising that he is of the opinion that the road widening being requested by the Regional Municipality of Waterloo and the severance are two separate issues and he did not see how the road allowance should enter into the picture at this time. There are nine units in this development and the road widening will affect all of them. Further he advised that some of the units along COMMITTEE OF ADJUSTMENT 35 FEBRUARY 27, 1996 this strip are designated as being of historic and architectural significance and that any discussions concerning road widening should include L.A.C.A.C. Mr. J. Willmer, Intermediate Planner, addressed the Committee and advised that there is another matter to consider. Referring the survey submitted with the application, Mr. Willmer advised that if the road widening is taken by the Region, the setback of the concrete steps from the street will not comply with by-law requirements. He stated that he has advised the Region staff of this situation and they would be willing to pay the fee for an Application for Minor Variance. He requested that if the Committee chooses to conditionally approve this application subject to the road widening it should also be conditional on final approval of a Minor Variance Application for the reduced setback. The Committee questioned the applicant as to whether the other townhouses are freehold and Mr. Wasilka advised that they are. Mr. Wasilka advised that these properties inadvertently merged in title and he merely wants to separate them. The Committee questioned why they were not separated when he purchased them and Mr. Wasilka advised that, at the time, the vendor was anxious to sell them as a pair and advised him that this process was long and expensive. Mr. Wasilka also advised that he does not intend to make any changes to the property and the use remains the same as it always was. A discussion then took place over whether a Party Wall Agreement was desirable or necessary. Some members offered to defer this matter to allow Mr. Wasilka to investigate a Party Wall Agreement. Mr. Wasilka advised that he would rather have a decision on this application at this meeting. The Chairman asked the members whether they wish to impose the condition requested by the Region for the road widening. The members generally agreed that the road widening was not warranted as the use of the property remains the same as it has always been. This is a technical severance and no new development is proposed for these properties. Further, there a nine townhouses and if all nine units are under separate ownership then the Region would have to expropriate land from each in order to widen the road. It was the opinion of the Chairman that a road widening is not an unreasonable request in new situations; however, this is a technical severance and the situation will not change. Under these circumstances, he felt that a road widening was not warranted. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Joseph Martin Wasilka requesting permission to convey a parcel of land having a width on Courtland Avenue of 5.58 m (18.29 ft.) by a depth of 36.58 m (120 ft.) and an area of approximately 203.9 m2 (2,194.8 sq. ft.) on Part Lot 20, Registered Plan 398 and Part Lot 175, Subdivision of Lot 17, German Company Tract, 26 Courtland Avenue East, Kitchener, Ontario BE GRANTED subject to the following condition: That the applicant shall make satisfactory financial arrangements with the City's Department of Finance for the payment of any outstanding municipal property taxes and/or 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. 1. Submission No. B 10/96 - Joseph Martin Wasilka - cont'd 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 February 27, 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 36 FEBRUARY 27, 1996 The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 2. Submission No. B 11/96 - Barry Culbert & Harriet Culbert, 197 Patricia Kitchener, Ontario Avenue, Re: Part Lot 44, Registered Plan 739, 197 Patricia Avenue, Kitchener, Ontario Mr. W. Dahms declared a conflict of interest with this application as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. R. Charie cio Kitchener-Wilmot Hydro 301 Victoria Street South Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever the rear 15.24 m (50 ft.) of their property to convey to the Kitchener-Wilmot Hydro. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is proposing to sever a parcel of land 45 feet by 50 feet from the rear of an existing single detached residential lot fronting 197 Patricia Avenue. The lands to be retained are proposed to have a lot width of 45 feet and depth of 150 feet. K-W Hydro intends to purchase the severed lands and merge them with their existing holdings located between Patricia Avenue and West Avenue, south of Victoria Street, municipally addressed as 301 Victoria Street South. K-W Hydro has submitted a Site Plan Application for 301 Victoria Street South to rebuild the transformer station, add additional parking and to add a customer payment drop off box. The severed lands are intended to provide additional room adjacent to the transformer. K-W Hydro is proposing a five foot landscaped area and a visual barrier wall adjacent to the rear lot line of the single detached lot. The remaining lands are proposed to be surfaced with a limestone gravel base to prevent the growth of vegetation and trees which may interfere with the transformer station. The lands will provide room to bring equipment trucks in for periodical maintenance to the transformer. The existing transformer is not enclosed and the proposed project to rebuild the transformer is to enclose it which will reduce the noise level produced by the transformer. 2. Submission No. B 11/96 - Barry Culbert & Harriet Culbert - cont'd Policies in the City's Municipal Plan allow uses and buildings for the purpose of public services to be erected or used on any land in the City without a Municipal Plan Amendment. K-W Hydro is specifically listed as a public use in the Municipal Plan. By-law 85-1 also includes a Public Use regulation which allows public uses in any zone in the city provided that there is no outdoor storage of goods, materials or equipment in any yard abutting a Residential Zone. Both the lands to be severed and the lands to be retained comply to the City's Municipal Plan and By-law 85-1. The proposed severance is to facilitate changes to the existing transformer station located behind the residence located a 197 Patricia Avenue and other residence fronting Patricia Avenue. The proposed changes will reduce the noise levels currently experienced from the transformer station. The proposed COMMITTEE OF ADJUSTMENT 37 FEBRUARY 27, 1996 changes will benefit the surrounding residential community and as such the Department of Planning and Development has no concerns with the proposed severance provided a landscape buffer is maintained along the rear property line of the residential properties fronting Patricia Avenue. In this regard, K-W Hydro will, as a condition of Site Plan approval, be required to submit a landscape plan to be approved by the City's Landscape Architect to provide planting in the five foot landscaped buffer area. In view of the forgoing, the Department of Planning and Development recommends approval of Consent Application B 11/96 subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the existing utility shed be removed or relocated to the retained lands. That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1990. 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 report of Ms. E. Caston, Senior Resource Planner, Grand River Conservation Authority in which she advised that the subject property is above the elevation of the Regulatory floodline of the Henry Sturm Greenway and therefore they have no objection to the proposed lot addition. The Committee noted the comments of The Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to the approval of this application subject to certain conditions. Moved by Mr. D. McKnight Seconded by Mr. S. Kay That the application of Barry & Harriet Culbert requesting permission to convey a parcel of land having a width of 13.72 m (45 ft.) by a depth of 15.24 m (50 ft.) and having an area of 209.03 m2 (2,250 sq. ft.) as a lot addition on Part Lot 44, Registered Plan 739, 197 Patricia Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the applicant shall make satisfactory financial arrangements with the City Department of Finance for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the existing utility shed shall be removed or relocated to the retained lands. That the lands to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands with any subsequent conveyance or transaction complying with sub-sections 50(3) and/or (5) of the Planning Act. 2. Submission No. B 11/96 - Barry Culbert & Harriet Culbert - cont'd 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 February 27, 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. COMMITTEE OF ADJUSTMENT 38 FEBRUARY 27, 1996 Carried 5. Submission No. B 12196 - Kenmore Commercial (1989) Inc., 79 Rankin Street, Unit 2, Waterloo, Ontario Re: Part Lots 6 & 28, Registered Plan 402, Being Parts 1 & 2, Reference Plan 58R-8599, 6 Westwood Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. C. Wiebe cio M.H.B.C. Planning Consultants 171 Victoria Street North Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to revise the dimensions of the storm water management pond and is also requesting permission to give an easement over their property, parallel to Westmount Road, to the Slovonia-Crotia Non-profit Homes Inc.. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to release an existing easement created through Severance Application B 52/92 and permission to create a new easement to recognize the as built dimensions of a storm water management (SWM) pond. The SWM pond was developed in conjunction with the existing three storey apartment building and 50 townhouse units located at 10 Westwood Drive. The pond was designed to accommodate both the developed lands at 10 Westwood Drive and part of the vacant lands at 6 Westwood Drive. The existing easement does not correctly reflect the as built dimensions of the SWM pond and this application is to create a new easement which accurately reflects the existing dimensions of the SWM pond. The applicant is also requesting permission to create an easement for an overland swale to accommodate the movement of water from the developed lands, 10 Westwood Drive, to the SWM pond located on the vacant lands, 6 Westwood Drive. The proposed swale will be located on the east side of the vacant lands adjacent to Westmount Road. The Department of Planning and Development has no objections to redefining the easement boundary for the SWM pond and creation of the easement to facilitate the overland swale. 5. Submission No. B 12/96 - Kenmore Commercial (1989) Inc. - cont'd The Department of Planning and Development recommends approval of Severance Application B 12/96, subject to the following condition: 1. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the comments of The Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to the approval of this application. Ms. C. Wiebe addressed the Committee advising that in addition to the easement being requested, the applicant is requesting permission to release an easement granted pursuant to Submission No. B 52/92, COMMITTEE OF ADJUSTMENT 39 FEBRUARY 27, 1996 which has been registered on title. Ms. Wiebe displayed a plan of the subject property for the Committee's benefit. The Chairman questioned whether it is possible or necessary to release the previously granted easements. Mr. A. Galloway put forward a motion to approve the new easement and defer consideration of the requested release of the existing easement, which was seconded by Mr. W. Dahms. Mr. S. Kay suggested that the applicant bring forward information showing that it is necessary to have this Committee's approval to release the existing easement and why it is not possible to quit claim the easement. Ms. Wiebe advised that she wasn't sure of the Committee's approval was required to release the existing easement; however, if consent is required, the applicant would like to have it now. Mr. J. Willmer, Intermediate Planner, advised that he has a concern with ensuring perpetual easements if they are easy to quit claim. The Chairman advised that Mr. Galloway's motion would be voted on and if approved, it would be the responsibility of the applicant to present arguments to this Committee showing that it's approval is required to release the existing easement. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Kenmore Commercial (1989) Inc. requesting permission for an easement for a storm water management pond and an easement for drainage, as shown on the plan submitted with this application, on Part Lot 28, Registered Plan 402, Being Parts 1 & 2, Reference Plan 58R-8599, 6 Westwood Drive, Kitchener, Ontario BE GRANTED subject to the following condition: That satisfactory financial arrangements be made with the City's Department of Finance for the payment of any outstanding municipal property taxes and/or 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 February 27, 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. 5. Submission No. B 12/96 - Kenmore Commercial (1989) Inc. - cont'd The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. - and further - That the application of Kenmore Commercial (1989) Inc. requesting the release of the existing easement for storm water management on Part 1, Reference Plan 58R-8599, 6 Westwood Drive, Kitchener, Ontario BE DEFERRED SINE DIE. Carried 6. Submission No. B 13/96 - Vorelco Ltd., 777 Bayly Street West, Ajax, Ontario Re: Lots 3 & 4, Registered Plan 267, 2500 King Street East and 1157 Weber Street East, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 40 FEBRUARY 27, 1996 IN SUPPORT: Mr. D. Lishman cio Metz & Lorentz Limited 71 Weber Street East Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to convey and mortgage a parcel of land having a width of 33.22 m (109 ft.) on King Street East, a width on Weber Street East of 28.65 m (94 ft.), a depth of 85.4 m (280.2 ft.) and an area of 3,057.4 m2 (32,910.66 sq. ft.); reserving a right-of-way over the easterly 3 m (9.84 ft.) from front to rear and together with a right-of-way over the westerly 3 m (9.84 ft.) from front to rear over the retained lands. The severed land is occupied by The Twins Kentucky Fried Chicken and the retained land is occupied by Crosby Volkswagon. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant, Vorelco Limited, is requesting consent to sever a new parcel from its existing land holdings located between King Street East and Weber Street East, immediately to the east of Franklin Avenue. The existing parcel is a large service commercial property of approximately 1.05 hectares in size and is presently developed with three separate commercial buildings. Two of the buildings are occupied by Crosby Volkswagen Limited and Twins Drive-in Limited (Kentucky Fried Chicken). The third building, located at the corner of Franklin Avenue and King Street East is presently vacant but was formerly occupied by Buns Master Bakery. The property is presently zoned Service Commercial Zone (C-6) according to Zoning By-law 85-1. The applicant proposes to sever a parcel, approximately 0.31 hectares in size, accommodating the Twins Drive-in building and the vacant building, together with and subject to a right-of-way. Both the lands to be severed and the lands to be retained would meet all of the regulations of the Zoning By-law. A 3.0 metre right-of-way adjacent to each side of the proposed new property line is proposed in order to accommodate vehicular access to both sites from Weber Street East and King Street East. Together, these rights-of-way create a 6.0 metre drive providing access to rear entrances and site servicing facilities. The Department of Planning and Development recommends approval of Consent Application B 13/96 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. 6. Submission No. B 13/96 - Vorelco Ltd. - cont'd 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 reviewed the comments of T. J. Venerus, Corridor Control Technician, Ministry of Transportation in which he advised that Ministry of Transportation permits will only be available subject to certain conditions. The Committee reviewed the comments of the Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to this application subject to certain conditions. Mr. J. Willmer, Intermediate Planner, advised the Committee that, as with Submission No. B 10/96, giving the Region a 10 ft. road widening on Weber Street will create a minor variance for the new setback of the building from Weber Street. Mr. Lishman addressed the Committee advising that the owner is willing to give the road widening to the Region; however, there is a concern that the processing of an Application for Minor Variance will hold up the closing. The Secretary explained that the appeal period for an Application for Consent is approximately 45 COMMITTEE OF ADJUSTMENT 41 FEBRUARY 27, 1996 days and it is only 20 days for Application for Minor Variance. If this application is approved today, conditionally on receiving final approval of an Application for Minor Variance, the two appeal periods will expire closer together than if this application is deferred to be heard at the same time as the Application for Minor Variance. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Vorelco Ltd. requesting permission to convey and mortgage a parcel of land having a width of 33.22 m (109 ft.) on King Street East, a width on Weber Street East of 28.65 m (94 ft.), a depth of 85.4 m (280.2 ft.) and an area of 3,057.4 m2 (32,910.66 sq. ft.); reserving a right-of-way over the easterly 3 m (9.84 ft.) from front to rear and together with a right-of-way over the westerly 3 m (9.84 ft.) from front to rear over the retained lands on Lots 3 & 4, Registered Plan 267, 2500 King Street East and 1157 Weber Street East, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall convey to the Regional Municipality of Waterloo without cost and free of encumbrance, a 10 ft. road widening across the property's entire Weber Street frontage. That the owner shall convey, without cost and free of encumbrance, a 25 ft. daylighting triangle at the intersection of Weber Street and Franklin Street. That the owner shall receive approval of an Application for Minor Variance for the new setback of the building(s) from Weber Street. That the owner shall make satisfactory financial arrangements with the City's Department of Finance for the payment of any outstanding municipal property taxes and\or 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 February 27, 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. Submission No. B 13/96 - Vorelco Ltd. - cont'd 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 7. Submission No.'s B 14/96 & B 15/96 - Freure Developments Ltd., 501 Krug Street, Kitchener, Ontario Re: Lot 74 & 75, Registered Plan 1692, Chandos Drive, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with these applications, as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Ms. K. Malloy c/o Sims Clement Eastman 22 Frederick Street COMMITTEE OF ADJUSTMENT 42 FEBRUARY 27, 1996 Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to create two easements, one on each lot, for storm water management. The easement on Lot 74 will run parallel to the northerly side Iotline, from front to rear and have a width of 1.22 m (4.01 ft.) and also run parallel to the rear Iotline having a width of 1.524 m (5 ft.). The easement on Lot 75 will run parallel to the southerly side Iotline, adjacent to Lot 74, and have a width of 1.22 m (4.01 ft.) from front to rear. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to create two easements, one on each lot for storm water discharge purposes. The proposed easement on Lot 74 will run parallel to the entire westerly rear lot line and have a width of 1.524 metres (5 feet) and also along the entire northerly side lot line from front to rear and have a width of 1.22 metres (4 feet). The proposed easement on Lot 75 will run parallel to the entire southerly side lot line adjacent to Lot 74 from front to rear and have a width of 1.22 metres (4 feet). Both easements are intended to be in favour of the owner of Lot 80, Registered Plan 1692 located at 334 Chandos Court. The purpose of the easements is to address a very wet backyard at 334 Chandos Court where water appears to be percolating out of the ground possibly due to a high water table and underground streams. Staff from the Building Division and the Public Works Department have recommended that to resolve the problem underground perforated piping be used. This piping was installed late last year on Lot 80, directed towards Lot 74 and down the side lot lines between Lots 74 and 75 to the storm outlet facilities on Chandos Drive. Both Lots 74 and 75 are currently vacant and are owned by Freure Development Ltd. The applicant is requesting these easements be added in order to address the problem and put notice on title that once the two vacant lots are sold, future property owners will be aware of the existing storm water easement through their properties in favour of Lot 80. 7. Submission No.'s B 14/96 & B 15/96 - Freure Developments Ltd. - cont'd As this solution is being supported by Public Works and Building staff, the Department of Planning and Development recommends that the Applications B 14/96 and B 15/96, for storm sewer easements in perpetuity, in favour of Lot 80, R.P, 1692, be approved subject to the following: 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. 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 reviewed the comments of the Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to the approval of these applications. Submission No. B 14/96 Moved by Mr. S. Kay Seconded by Mr. D. McKnight That the application of Freure Developments Ltd. requesting permission for an easement for storm water management, having a width of 1.22 m (4.01 ft.), parallel to the northerly side Iotline, from front to rear and also parallel to the rear Iotline, at a width of 1.524 m (5 ft.) to the benefit of Lot 80, Registered Plan 1692, on Lot 74, Registered Plan 1692, Chandos Drive, Kitchener, Ontario BE GRANTED subject to the following condition: COMMITTEE OF ADJUSTMENT 43 FEBRUARY 27, 1996 That the owner shall make satisfactory financial arrangements with the City's Department of Finance for the payment of any outstanding municipal property taxes and/or 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 February 27, 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 15/96 Moved by Mr. S. Kay Seconded by Mr. D. McKnight That the application of Freure Developments Ltd. requesting permission for an easement having a width of 1.22 m (4.01 ft.), running from front to rear, adjacent and parallel to the southerly side Iotline, to the benefit of Lot 80, Registered Plan 1692, on Lot 75, Registered Plan 1692, Chandos Drive, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory financial arrangements with the City's Department of Finance for the payment of any outstanding municipal property taxes and/or local improvement charges. 7. Submission No.'s B 14/96 & B 15/96 - Freure Developments Ltd. - cont'd Submission No. B 15/96 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 February 27, 1998. 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 this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 8. Submission No. B 16/96 - Harold Franks, c/o Ste. 902-50 Queen Street Kitchener, Ontario Re: Lot 9, Compiled Plan 971,838 Frederick Street, Kitchener, Ontario. North, COMMITTEE OF ADJUSTMENT 44 FEBRUARY 27, 1996 APPEARANCES: IN SUPPORT: Mr. R. Sutherland 255 King Street North Waterloo, ON Mrs. Jane Hafemann P.O. Box 114 Breslau, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a frontage on Frederick Street of 19.81 m (65 ft.) by a depth of 60.96 m (200 ft.) and having an area of 1,207.62 m2 (12,999.14 sq. ft.). This property contains a single family dwelling. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to sever a parcel of land having a frontage on Frederick Street of 19.81 metres (65 feet) by a depth of 60.96 metres (200 feet) having an area of 1207.62 square metres (12,989.1 square feet). The proposed severed parcel is used as a single detached dwelling. It is described as Lot 9, Registered Municipal Complied Plan 971. The subject property is currently designated Low Rise Residential, zoned R-6 and is in conformity with the Municipal Plan and zoning requirements. The proposed retained parcel is a landlocked parcel having a width of 34 metres (111.6 feet) by a depth of 51.8 metres (170 feet) and having an area of 1762.5 square metres (18,972 square feet). The property is described as Lot 7 of Registered Municipal Compiled Plan 971. The property is currently used as part of additional land holdings at 1017 Victoria Street North by Beauticians' Supply Limited. The subject property is currently designated Service Commercial, zoned C-6 and is in conformity with the Municipal Plan and zoning requirements. 8. Submission No. B 16/96 - Harold Franks - cont'd In discussing this application with the solicitors for both clients, it appears that the applicant transferred Lot 7 to Beauticians' Supply Limited on April 8, 1968 under Instrument Number 369496 without Planning Act consent. The applicant currently wishes to sell Lot 9 to a prospective purchaser and due to the improper transfer of land in 1968 is applying for consent through this application to reconvey Lot 7 to Beauticians' Supply Limited. It appears that from staff's point of view that the transfer of land 30 years ago was done on the assumption that the lot transferred was the whole of the lot; however, the lot is not on a plan of subdivision but on the Registered Municipal Compiled Plan which is not recognized under the Planning Act. The Department has reviewed the history of this matter and as no development is proposed by any party and the existing uses are to continue, the Department of Planning and Development has no objection and supports the application subject to the following: That the land to be retained be added to the abutting lands and title to be taken in identical ownership as the abutting lands and any subsequent conveyance of the land to be transferred shall comply with Sections 50(3) and/or (5) of the Planning Act, 1990. 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 reviewed the comments of the Regional Municipality of Waterloo, Planning and Culture Department in which they advised that they have no objection to this application. COMMITTEE OF ADJUSTMENT 45 FEBRUARY 27, 1996 A brief discussion took place concerning the previous conveyance of Lot 7. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of Harold Franks requesting permission to sever a parcel of land having a frontage on Frederick Street of 19.81 m (65 ft.) by a depth of 60.96 m (200 ft.) and having an area of 1,207.62 m2 (12,999.14 sq. ft.). on Lot 9, Compiled Plan 971, 838 Frederick Street, Kitchener, Ontario BE GRANTED subject to the following conditions: That the retained lands, Lot 7, Registered Municipal Compiled Plan 971, shall be conveyed as a lot addition to the abutting lands at 1017 Victoria Street North and title shall be taken in identical ownership as the abutting lands, with any subsequent conveyance or transaction complying with subsections 50(3) and/or (5) of the Planning Act. That the owner shall make satisfactory financial arrangements with the City's Department of Finance for the payment of any outstanding municipal property taxes and/or 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 February 27, 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. 8. Submission No. B 16/96 - Harold Franks - cont'd 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 Request For Refund The Committee was in receipt of a letter from Mr. K. Jutzi, 92 Sydney Street South, Kitchener requesting a refund of the application fee for Submission No. B 4/96, considered by the Committee on January 30, 1996, as it was determined at that meeting that the application was not required. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application fee for Submission No. B 4/96 be refunded. Carried ADJOURNED On Motion, the meeting adjourned. Dated at the City of Kitchener this 27th, day of February 1996. COMMITTEE OF ADJUSTMENT 46 FEBRUARY 27, 1996 D. H. Gilchrist Secretary-Treasurer Committee of Adjustment