Loading...
HomeMy WebLinkAboutAdjustment - 1996-09-10COA\1996-09-10 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 10, 1996 MEMBERS PRESENT: Messrs. J. Gothard, S. Kay, D. McKnight, W. Dahms and A. Galloway. Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator, Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 9:35 a.m.. OFFICIALS PRESENT: Zoning MINUTES Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the Minutes of the regular meeting of the Committee of Adjustment, of July 30, 1996, as mailed to the members, be accepted. Carried MINOR VARIANCE APPLICATIONS Submission No. A 47/96 - Terry Rondeau, 208 Glen Road, Kitchener, Ontario Part Block B, Registered Plan 230, 208 Glen Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: Ms. Lisa Rondeau 208 Glen Road Kitchener, Ontario NONE Mr. & Mrs. G. la Bastide 197 Glen Road Kitchener, Ontario CONTRA: NONE The Committee was advised that the applicant is requesting relief from the parking requirement for home businesses. The by-law requires two off-street parking spaces, located side-by-side, for a home and a home business. The applicant is requesting permission to provide two parking spaces in tandem, one in the garage and one in the driveway. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that application for minor variance has been submitted to provide the required parking space for a proposed home occupation to be located in tandem with required parking space for the single detached dwelling. Section 5.2(i) requires one parking space for the dwelling unit and one space for the home business. COMMITTEE OF ADJUSTMENT 167 SEPTEMBER 10, 1996 A repair service for the refinishing of furniture is proposed to be added to the existing single detached dwelling as a home business. This home business is proposed to be located within the basement area of the existing dwelling. The existing dwelling and the proposed use does comply with all requirements of the zoning by-law except for the proposed parking space to be located in tandem with the existing parking space for the dwelling. 1. Submission No. A 47/96 - Terry Rondeau - cont'd The existing driveway is approximately 38 feet long including the area within the existing overhang located in front of the existing attached garage. Given the length of the driveway it is noted that two cars parked in tandem can easily be accommodated within the existing driveway. The driveway and an existing attached garage could accommodate a third parking spot if required. As the owner/home business operator will not need to leave the premises while a customer may be on the premises, the tandem arrangement is acceptable. The Department of Planning have no concern with the requested variance and are of the opinion that the request meets the four tests as set out in the Planning Act. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the written submission of Mr. & Mrs. G. la Bastide of 197 Glen Road is support of the application. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed tandem parking, provided that the garage can physically accommodate a vehicle. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with this application. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of Terry Rondeau requesting permission to provide two off-street parking spaces in tandem, one in the garage and one in the driveway, for a home and home business on Part Block B, Registered Plan 230, 208 Glen Road, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 2. Submission No. A 48/96 - Mrs. Mary Collins, 391 St. Leger Street, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: Lot 64, Registered Plan 750, 391 St. Leger Street, Kitchener, Ontario. Mr. C. Collins 401 Lexington Road Waterloo, Ontario CONTRA: NONE COMMITTEE OF ADJUSTMENT 168 SEPTEMBER 10, 1996 WRITTEN SUBMISSIONS: IN SUPPORT: Mr. & Mrs. R. McClelland 397 St. Leger Street Kitchener, Ontario Mr. C. Collins 401 Lexington Road Waterloo, Ontario CONTRA: NONE 2. Submission No. A 48/96 - Mrs. Mary Collins - cont'd The Committee was advised that the applicant is requesting permission to construct a detached garage at the end of the existing driveway, with a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.). The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to construct a detached garage at the end of the existing driveway with a sideyard of 0.6 metres (2 ft) rather than the required 1.2 metre (4 ft). The applicant has stated that she requests a reduction of the sideyard by 2 feet in order to allow for a straight alignment of driving her vehicle into the garage from the existing driveway. Staff conducted a site visit of the property and noted that there is adequate room for the construction of the garage to be built in compliance with the zoning regulations with a 1.2 metres (4 ft) side yard. Although this may require a slight curve of the car entering and exiting the garage from the driveway, however, staff is of the opinion that the request for the minor variance reduction is not justifiable as adequate room is available for proper entry and exiting from the garage. The Department recommends that the application be refused on the basis noted above. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a Building Permit is required to construct a detached garage. There shall be no openings in a wall located less than 4' ((1.2 m) from property line. Roof eave shall not project from the face of the wall (cannot have combustible projection within 1.2 m of property line or 2.4 m from building on adjacent property). Roof drainage shall not be directed onto adjacent property. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with the application. The Committee noted the written submission of Mr. & Mrs. R. McClelland, 397 St. Leger Street, in which they advised that they strongly support Mrs. Collins application for a reduction of the property setback, necessary for constructing a garage at the end of her driveway. Mr. Collins submitted a statement in writing along with site plans of the proposed garage one showing the required sideyard and one showing the requested sideyard. Mr. Collins addressed the Committee and gave the following rational for approving the application. He advised that the person using the garage and driveway access is a seventy-one year old widow. Snow removal is done from the centre to the sides of the driveway in order to lighten the load and this causes a narrowing of the driveway from the sides. The siteline from the rearyard to the street opens up with the minor variance, to allow the owner to watch the front area of the house while working in the rearyard; as the owner has experienced one break-in already, this would help ease her mind. Under the four foot sideyard plan the garage would not allow any person to exit or enter the vehicle from the right side while it is inside the garage. In winter or inclement weather these people would have to exit in the elements thus nullifying the useful purpose of the garage in the first place. In summary, Mr. Collins advised that the owner is requesting approval for a proposed garage to be moved closer to the property of a very agreeable neighbour, in order to facilitate the ease of entry and exit from the vehicle in the garage itself. He understood that by-laws are in place to maintain the integrity of the neighbourhood and the application fee reduces the chances of frivolous deviations being applied for. In closing he advised that he believes that this minor variance is not a major incumbrance on the City, the neighbourhood, or the existing by-law and he is seeking consideration and subsequent approval of this application. Mr. Collins also noted that it is the alignment of the garage door to the driveway which causes the problem and therefore the need to have this variance. COMMITTEE OF ADJUSTMENT 169 SEPTEMBER 10, 1996 The Committee questioned whether it would possible to move the garage further back into the yard and Mr. Collins advised that because of the location of a large maple tree immediately behind the area for the proposed garage, it would not be possible to move the garage further back. 2. Submission No. A 48/96 - Mrs. Mary Collins - cont'd Mr. W. Dahms commented that based on the submissions of the applicant's agent, that it is the garage door which needs to be lined up with the driveway and the fact that the applicant has obtained the support of her immediate neighbour who would be most impacted, and due to the intent of the owner to save an existing mature tree, he felt that the application met the four tests and therefore should be approved. Moved by Mr. W. Dahmns Seconded by Mr. S. Kay That the application of Mrs. Mary Collins requesting permission to construct a detached garage at the end of the existing driveway, with a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) on Lot 64, Registered Plan 750, 391 St. Leger Street, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the applicant shall obtain a building permit prior to constructing the garage. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 3. Submission No. A 49/96 - Norrich West Inc., R.R.#22 Cambrid.qe, Ontario. Re: Lot 37, Registered Plan 1798, Fairway Crescent, Kitchener, Ontario. Mr. A. Galloway declared a conflict of interest in this application, as the applicant is a client of his firm, and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. A. Artinger R.R.#2 Cambridge, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is proposing to construct a single family home on this lot, which is at the corner of Fairway Crescent and Fairway Road. They are requesting permission for a setback from Fairway Road of 11 m (36.09 ft.) rather than the required 12 m (39.37 ft.). The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the application seeks approval to allow a single detached dwelling to be located 11.0 metres from an Arterial Road rather than the required 12.0 metres. The applicant indicated that the original intent was to construct a semi-detached dwelling on the lot, but as a result of changing to a single, the sideyard setback becomes impractical to meet. Staff note that the dwelling is only 6.5 metres in width, which staff COMMITTEE OF ADJUSTMENT 170 SEPTEMBER 10, 1996 could not expect to be narrowed by 1.0 metre to comply with the setback. 3. Submission No. A 49/96 - Norrich West Inc. - cont'd It is the opinion of staff that the variance is minor, it maintains the intent of the by-law, to provide a sufficient separation for noise attenuation, and it allows for an appropriate development of the lot. 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 in which they advised that they have no concerns with this application. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of Norrich West Inc. requesting permission to construct a single family dwelling with a setback from Fairway Road of 11 m (36.09 ft.) rather than the required 12 m (39.37 ft.) on Lot 37, Registered Plan 1798, Fairway Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 4. Submission No. A 50/96 - Cara Operations, 230 Bloor Street West, Toronto, Ontario. Re: Part 4, Reference Plan 58R-2204, 376 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. A. Henderson cio Cara Operations 230 Bloor Street West Toronto, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is proposing to install a "drive-thru" at this Harvey's Restaurant at the corner of King Street and Cedar Street. As a result of these revisions to the property and the need to provide a stacking area for cars waiting to go through the "drive-thru", the applicant is requesting permission to provide 18 off-street parking spaces rather than the required 26 off-street parking spaces and permission for one of the parking spaces to be setback 0.9 m (2.96 ft.) from Cedar Street rather than the required 3 m (9.85 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting a reduction in the number of off-street parking spaces from 26 to 18 and a COMMITTEE OF ADJUSTMENT 171 SEPTEMBER 10, 1996 reduction in the set back from Cedar Street from 3.0 metres to 0.9 metres to provide one angled parking space. The proposed variances are being requested to facilitate some physical changes on site to allow for the development of a drive thru window for an existing Harvey's Restaurant. 4. Submission No. A 50/96 - Cara Operations - cont'd The subject property is located just outside of the downtown zoning. Cedar Street is the boundary between the D-2 (East Market) Zone and the CR-4 (Commercial Residential Four) Zone. The parking requirements for uses located in the downtown zones are less. A restaurant of this size locating in downtown would require 14 parking spaces. The parking requirement is less in the downtown area for a number of reasons, including: the availability of off-site parking spaces, a high walk-in clientele, the availability of transit service and the reduced parking demand due to shoppers making multi-purpose trips. The existing restaurant, located at 376 King Street has a high number of walk in clientele due to its location in relation to the downtown. In this regard, since the restaurant is located on the periphery of the downtown it benefits in the same way that other uses do which are located in the downtown. Further, the drive-thru eliminates the need for that portion of the parking area which is used for take-out clientele. In view of this, the requested variance meets the general intent of the Zoning By-law and is considered minor in nature. Also, the existing parking lot for Harvey's Restaurant is under utilized and with the introduction of a drive thru window it is expected to be utilized even less. In this regard, the proposed redevelopment of the parking area is considered appropriate for the development of the subject lands. The reduction in the set back for one parking space is considered minor in nature as the impact on the adjacent properties will be minor since it is to accommodate only one parking space and the parking space will be angled. The reduction in the set back meets the general intent and purpose of the zoning by-law as only one space is partially encroaching within the set back. The angled parking is required to provide a safe and functional one way site design; which is considered the most appropriate site design for the subject lands. The Department of Planning & Development recommends approval accordance with the site plan as finally approved under application condition: of Application A-50/96, only in SPR76/44/01 and the following That the physical site works be completed in accordance with the approved Site Plan for Application SPR 76/44/01, to the satisfaction of the Manager of Design Heritage and Environment, prior to December 30, 1996 or alternatively a letter of credit may be posted to cover the cost of the physical site works to be completed. No extension to this completion date shall be granted unless approved in writing by the Manager of Design Heritage and Environment prior to the completion date set out this decision; The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Division in which they advised that the Division is prepared to accept the proposed parking reduction given the type of use and its location in relation to the downtown. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that all comments related to this site are being addressed through site plan application SPR 76/44/01. Mr. Hendersen addressed the Committee and advised that he is in agreement with the condition recommended by the Department of Planning & Development. Mr. S. Kay questioned the sketch on the application and that there was some trouble with the measurements. He questioned the distance from the right side of the building to the right side Iotline and was advised by Mr. Hendersen that there is a turn around distance of 14 ft.. Ms. J. Given, Senior Planner, advised that there is a distance of 65 ft. from the building to the right Iotline and that this has been checked with the site plan and has also been checked by the Traffic & Parking Division. Further, Ms. Given advised that the site as shown will function. Mr. Hendersen displayed a survey plan to the members which showed the land only and not the location of buildings. COMMITTEE OF ADJUSTMENT 172 SEPTEMBER 10, 1996 4. Submission No. A 50/96 - Cara Operations - cont'd A discussion then took place on the one-way entrance and exit and whether this would be functional. Mr. Hendersen advised that his experience shows that it is accepted by customers. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Cara Operations requesting permission to provide 18 off-street parking spaces rather than the required 26 off-street parking spaces and permission for one of the parking spaces to be setback 0.9 m (2.96 ft.) from Cedar Street rather than the required 3 m (9.85 ft.). on Part 4, Reference Plan 58R- 2204, 376 King Street East, Kitchener, Ontario BE APPROVED; subject to the following conditions: That the variances as approved in the application shall apply only to the extent as shown on the site plan to be finally approved under site application SPR76/44/01. That the physical site works shall be completed in accordance with the approved site plan for application SPR76/44/01 to the satisfaction of the Manager of Design Heritage and Environment, prior to December 30, 1996, or alternately a letter of credit may be posted to cover the cost of the physical site works to be completed. No extension to this completion date shall be granted unless approved in writing by the Manager of Design Heritage and Environment prior to the completion date set out in this condition. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 5. Submission No. A 51/96 - Larry Dreher, 984 Guelph Street, Kitchener, Ontario. Re: Part Lot 19, Registered Plan 763, 984 Guelph Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Kalbfleisch c/o 420 Erb Street West Waterloo, Ontario CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. L. Dreher 984 Guelph Street Kitchener, Ontario NONE NONE NONE The Committee was advised that the applicant is requesting permission to provide three off-street parking spaces on the property for any of the M-2 permitted uses which would require up to six off-street parking spaces and COMMITTEE OF ADJUSTMENT 173 SEPTEMBER 10, 1996 5. Submission No. A 51/96 - Larry Dreher - cont'd legalization of a lot having a width of 12.19 m (40 ft.) rather than the required 15 m (49.2 ft.) and legalization of the existing building having a rearyard of 7.42 m (24.33 ft.) rather than the required 7.5 m (24.6 ft.) and a sideyard of 2.6 m (8.52 ft.) rather than the required 3 m (9.84 ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to provide three off-street parking spaces on the property for any of the M-2 permitted uses which will require up to six off-street parking spaces. Secondly, the applicant is requesting permission for this property to have a lot width 12.19 metres (40 ft)instead of the required 15 metres (49.2 ft), a rear yard of 7.42 metres (24.33 ft) instead of the required 7.5 metres (24.6 ft) and a side yard of 2.6 metres (8.52 ft) instead of the required 3.0 metres (9.84 ft) for any permitted M-2 use to provide for full flexibility to reuse the building for any use other than manufacturing, for which the property enjoys legal, non-conforming status. The applicant was before the Committee's last meeting of July 30, 1996 with Submission A 44/96; permission was granted to provide two parking spaces in tandem on the east side of the existing building rather than side by side and for relief from the by-law requiring cars exiting from a parking lot in a forward motion. At that time, staff pointed out that two parking spaces could not fit side by side in front of the building without moving a retaining wall, which the agent indicated could be done. Subsequent to the A-44/96, the applicant appears to have decided not to remove the retaining wall and has determined a need for the reduction of from a maximum of six parking spaces to three spaces for certain uses provided under the M-2 zone, as was alluded to in staff's comments on the last application, although it did not form part of the application. It was noted that there are partial constraints on the property due to the location of the building and the limited outdoor space and that certain uses that require more parking spaces would not be accommodated. In reviewing the matter with the applicant and his agent, it was noted that relief from the by-law could be given for most uses that would require limited parking demand, that is, those uses requiring a maximum of 6 spaces. For all uses except the repair and restoration of motor vehicles, reduction of parking spaces to three spaces can be considered minor and appropriate for those uses requiring up to six spaces. The applicant has advised staff that the offer initially submitted by the purchaser who is interested in motor vehicle repair is still being actively pursued. In regard to the parking requirement for the use of repair and restoration of vehicles, four parking spaces per bay are required. The applicant has indicated that the restoration of vehicles does not generated a high turn over in vehicles. They advised that some of the vehicles for repair could be stored internally or at the side of the property and not effect customer parking. The extent of the relief requested is still not clear and since staff could not ascertain how many "service bays" could be provided in the building, the applicant was asked to provide a sketch showing the proposed layout of the business. The sketch shows the ability for three service bays within the building. Staff is still concerned with the potential problems often associated with vehicle repair services and are concerned that such a variance to permit the use would result in parking vehicles under repair on the street or in nondesignated areas on site or in other areas inside the building. If the building could only physically accommodate one vehicle, staff would be able to view the variance differently, however, since the building can accommodate more than one service bay, any enforcement of any approval restricting the use of one service bay would be difficult if not impossible, and staff cannot support a variance to the number of spaces for motor vehicle repair. Staff cannot support a variance to the parking for repair, storage and service of motor vehicles. Even the "storage of vehicles requires parking spaces, so that whether they are vehicle repair or storage, even 4 spaces is not sufficient for the capacity of the building. 5. Submission No. A 51/96 - Larry Dreher - cont'd The Department of Planning and Development supports variances for the lot width of 12.19 metres, a rear yard of 7.42 metres, and a side yard of 2.60 metres for the existing building only, and secondly, a variance COMMITTEE OF ADJUSTMENT 174 SEPTEMBER 10, 1996 for the reduction for any permitted use requiring up to six required parking spaces reduced to three spaces for permitted uses under the M-2 zone, save and except for service, storage or repair of motor vehicles. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Division in which they advised that the have no concerns with the proposed parking arrangement. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with this application. The Chairman questioned whether the applicant had read the staff comments and whether he is in agreement with them. Mr. Kalbfliesch responded that the applicant is not in agreement with the recommended condition. The comments would be acceptable if motor vehicle repair could be permitted; as there is an offer on the property for use as a one bay motor vehicle repair shop. Mr. S. Kay questioned staff as to whether the M-2 zone permits motor vehicle repair and Ms. J. Given advised that it does. The Chairman then clarified the variance previously approved for this property and the one currently requested. Mr. S. Kay stated that he has difficulty with staff's reasoning to disallow motor vehicle repair; as the use is permitted in this zone. Mr. A. Galloway questioned whether the building has a width of 24 ft. and Ms. Given responded that it does and the sketch provided shows more than one vehicle in the building at a time. Further, she stated that parking for this use is determined in a different way than by gross floor area and that storage of vehicles has the same parking requirement as repairing vehicles. Mr. S. Kay advised that he could support the approval of this application and staff's recommendation, with the removal of the words "save and except for service, storage or repair of motor vehicles." Moved by Mr. S. Kay Seconded by Mr. D. McKnight That the application of Larry Dreher requesting permission to provide three off-street parking spaces for any of M-2 permitted uses which would require up to six off-street parking spaces, legalization of a lot having a width of 12.19 m (40 ft.) rather than the required 15 m (49.2 ft.) and legalization of an existing building having a rearyard of 7.42 m (24.33 ft.) rather than the required 7.5 m (24.6 ft.) and a sideyard of 2.6 m (8.52 ft.) rather than the required 3 m (9.84 ft.) on Part Lot 19, Registered Plan 763, 984 Guelph Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 6. Submission No. A 52/96 - Ed & Kim Entz, 181 Oxford Street, Kitchener, Ontario. As no one appeared in support of this application the Committee agreed to defer consideration of this application to the meeting of Tuesday, October 1, 1996. COMMITTEE OF ADJUSTMENT 175 SEPTEMBER 10, 1996 Submission No. A 53/96 - Dr. Manwell Bedessee, 207-564 Belmont Avenue West, Kitchener, Ontario. Re: Part Lot 9, Beasley's New Survey, Plains Road, Kitchener, Ontario. Mr. S. Kay declared a conflict of interest in 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: Dr. M. Bedessee 207-564 Belmont Avenue West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a single family dwelling on this property; however, the zoning regulations will only permit single family homes to be built on lots with an area of between 0.4 hectares and 1.2 hectares in the Agricultural zone. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant proposes to construct a single detached dwelling on the property and is requesting a variance to increase the maximum lot area from 1.2 hectares to 13.6 hectares. The subject property is at the southwest corner of Plains Road and Westmount Road. A 2.4 hectare portion of the lot is occupied by a church and recreational club including playing fields; the remaining 11 hectare portion is in agricultural use. Municipal Plan policy 9.1.1. states: "Within the Agricultural District the predominant use of land is for agricultural purposes. Compatible land uses such as: farm-related residential dwellings; ... existing recreation activities ... shall also be permitted." Neither the Municipal Plan nor the Regional Official Policies Plan (ROPP) addresses existing lots of record, but the Municipal Plan's severance policies for creating new lots for non-farm related uses include the following: "The maximum permitted size of any lot to be used for non-farm-related purposes shall be 1.2 hectares." Regional staff confirm that the ROPP policies deal only with the creation of new lots, and that lots of record may be developed without distinguishing between farm-related dwellings and non farm related dwellings. The general intent of the plan is firstly that only those uses which are compatible should be permitted, and secondly that non-farm uses should be limited in area in order to protect and reserve land for agriculture. The proposal maintains the general intent and purpose of the official plan as the proposed dwelling is adequately separated from existing livestock barns, and no new lot is being created. 7. Submission No. A 53/96 - Dr. Manwell Bedessee - cont'd The zoning by-law establishes a maximum lot area of 1.2 hectares for non-farm uses, including non-farm- related dwellings. The purpose of this regulation is to prevent such uses from occupying and expanding COMMITTEE OF ADJUSTMENT 176 SEPTEMBER 10, 1996 onto large farm lots and taking agricultural land out of production. In the case of some uses such as canine or feline boarding and breeding, or sales of farm equipment, it is necessary to limit the use so that it does not expand. However, in the case of a single detached dwelling, the purpose of this regulation is simply to limit the size of new lots, as the use cannot reasonably occupy more than a 1.2 hectare portion of the lot. The proposal maintains the general intent and purpose of the zoning by-law as no new lot is being created. The zoning by-law requires a minimum lot area of 35 hectares for agriculture but also allows the use on existing undersized lots between 1.2 and 35 hectares in area. Agriculture includes a farm-related single detached dwelling, which is not defined in the by-law or Municipal Plan. The Regional Official Plan defines "Farm-Related Residential Unit" as "a dwelling on a farm used as the primary residence for an active and operating farmer, or a dwelling for a full-time farm employee of an active farm on which the dwelling is located." The proposed dwelling is not intended for an active and operating farmer. The impact of the variance is minor as it serves to allow the proposed dwelling to be occupied as a non farm-related dwelling, rather than the farm-related dwelling permitted by the by-law. The possibility of severing the property has been considered and dismissed in the past as it would not comply with the severance policies of Municipal Plan or the ROPP. Construction of the dwelling does not change this status. In consideration of the foregoing, the variance is desirable for the appropriate development and use of the land. 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 53/96. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Grand River Conservation Authority in which they advised that the southwesterly corner of the subject property contains a small wetland pocket. There is sufficient developable area available on this property to avoid this wetland area. Any future construction in or on a wetland or pond is subject to the Fill, Construction and Alteration to Waterways regulation and will require a permit from the G.R.C.A. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that no further road widenings are required on Westmount Road in this area. The proposed development does not appear to require any access to Westmount Road. The Chairman questioned Dr. Bedesse as to whether the proposed use is solely residential and Dr. Bedesse responded in the affirmative. The Chairman then noted the submitted plan makes reference to a proposed severance. He made it clear that this Committee is not condoning this concept. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Dr. Manwell Bedessee requesting permission to construct a single family dwelling on a lot having an area of 13.6 hectares rather than the permitted 1.2 hectares on Part Lot 9, Beasley's New Survey, Westmount Road and Plains Road, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 7. Submission No. A 53/96 - Dr. Manwell Bedessee - cont'd 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 177 SEPTEMBER 10, 1996 Carried 8. Submission No. A 54/96 - Drewlo Holdinqs, R.R.3 Comoka, Ontario Re: Lots 147, 148 & 159, Subdivision of Lot 17, German Company Tract & Part Lot 1 and Lots 2-5, Registered Plan 38, 22 Courtland Avenue West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Clarkson MacNaughton, Hermsen, Britton, Clarkson Planning Limited 171 Victoria Street Kitchener, Ontario CONTRA: NONE OTHER: WRITTEN SUBMISSIONS: Ms. B. Uhrig 1770 King Street East Kitchener, Ontario IN SUPPORT: Mr. B. Clarkson MacNaughton, Hersen, Britton, Clarkson Planning Limited 171 Victoria Street Kitchener, Ontario CONTRA: Mrs. E. Schultz 31 Courtland Avenue West Kitchener, Ontario Ms. A. Chafe & Mr. P. Blain 25 Courtland Avenue West Kitchener, Ontario Ms. C. Blackstock 25 Courtland Avenue West Kitchener, Ontario OTHER: Mr. L. Sauer 21 Courtland Avenue West Kitchener, Ontario The Committee was advised that the applicant is requesting permission to construct a 14 storey, 218 unit apartment building on this property with a floor space ratio of 4.45 rather than the permitted 4.0. This would mean that the floor area of the building would be 4.45 times the lot area. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located on the north west corner of Courtland Avenue West and Queen Street South and are presently vacant. The applicants propose to construct a new 14 storey, 218 unit apartment building for which a site plan must be approved by the City. The applicants have submitted an application for minor variance to permit the project to exceed the maximum floor space ratio specified in the Zoning By-law. However, the applicants have not yet made application with the City for site plan approval. Therefore, the proposed development has not been completely reviewed and the full extent of any required variances is not yet known. 8. Submission No. A 54/96 - Drewlo Holdinqs - cont'd COMMITTEE OF ADJUSTMENT 178 SEPTEMBER 10, 1996 Accordingly, the Department of Planning and Development recommends the deferral of this minor variance application until a site plan application has been received and the final determination of required variances can be made in conjunction with other potential site requirements. The Department of Planning and Development recommends that the Committee of Adjustment defer Minor Variance Application A 54/96 until the October 1, 1996 meeting to allow the applicants an opportunity to submit a site plan application. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. Ms. Uhrig advised the Committee that she was in attendance for information only. Mr. B. Clarkson addressed the Committee advising that he is in agreement with the deferral recommended by staff. He stated that a site plan application was submitted to the City on August 26, 1996. In the interim, he advised that a meeting will held with the neighbours. Mr. Clarkson then referred to his written submission, dated September 5, 1996, requesting an amendment to the application as follows: "The building is set back 9.5 metres from the Courtland Avenue streetline and the enclosed parking ramp is set back 3.9 metres from the Courtland Avenue streetline where as Section 5.24 of by-law 85-1 requires a 12 metre set back from arterial road streetlines." The Committee then discussed whether they would accept the amendment and whether they thought the amended application should be recirculated. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That Submission No. A 54/96, Drewlo Holdings, be amended in accordance with the letter from Mr. W. B. Clarkson, MacNaughton, Hermsen, Britton, Clarkson Planning Limited, dated September 5, 1996; and further That recirculation of the amended application is not required; and further That consideration of the amended application, Submission No. A 54~96, be deferred to the Committee of Adjustment meeting scheduled for Tuesday, October 1, 1996. Carried CONSENT APPLICATIONS 1. Submission No. B 43~96 - Kevin & Sharon Harding, 62 West Acres Crescent, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: Part Lot 9, Registered Plan 864, 62 West Acres Crescent, Kitchener, Ontario. CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Ms. S. Harding 62 West Acres Crescent Kitchener Ontario NONE NONE NONE Submission No. B 43~96 - Kevin & Sharon Hardinq - cont'd COMMITTEE OF ADJUSTMENT 179 SEPTEMBER 10, 1996 The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 15.24 m (50 ft.) on West Acres Crescent by a depth of 45.72 m (150 ft.) and having an area of 696.75 m2 (7,500 sq. ft.). The proposed use for the property is a new dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever a new parcel from an existing large property located at 62 West Acres Crescent. The subject lands are designated Low Rise Residential within the Municipal Plan and are zoned Residential Four Zone (R-4) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling. Both the lands to be severed and the lands to be retained would conform to all applicable regulations of the R-4 Zone. The Committee of Adjustment previously approved the severance of a new lot from this land holding in 1987 (Consent Application B 40/97) at the request of the former owner. However, while all of the conditions of the original consent approval were complied with, the former owner never completed registration of the deed within the two year period. Thus the severed lot was never legally created. The applicants are now proposing to re-sever a lot from the larger parcel but with a modified configuration than that of the previous consent application. The Department of Planning and Development recommends that Consent Application B 43/96 be approved, subject to the following conditions. 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. To install, at the Owner's cost and to the City's standards, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. Said works are to be guaranteed through posting of a Letter of Credit or other suitable financial securities to the City's Department of Public Works and to the satisfaction of the City Solicitor. That any outstanding Municipal property taxes and/or local improvements be paid to the City of Kitchener. The Committee noted the comments of the Director of Building, Zoning & 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 in which they advised that they have no concerns with this application. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested that a condition be imposed requiring that arrangements be made for the provision of electrical services to the severed lands. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Kevin & Sharon Harding requesting permission to convey a parcel of land having a width on West Acres Crescent of 15.24 m (50 ft.) by a depth of 45.72 m (150 ft.) and having an area of 696.75 m2 (7,500 sq. ft.) on Part Lot 9, Registered Plan 864, 62 West Acres Crescent, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of all new service connections for the severed lands. Submission No. B 43~96 - Kevin & Sharon Hardinq - cont'd That the owner shall install, at their cost and to City standards, boulevard landscaping, including street trees and a paved driveway ramp, on the severed lands; said works to be guaranteed through COMMITTEE OF ADJUSTMENT 180 SEPTEMBER 10, 1996 the posting of a letter of credit or other suitable financial securities, to the City's Department of Public Works and to the satisfaction of the City Solicitor. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 September 10, 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 44~96 & B 45~96 - Carol Geiger and Alexander Stuckless, 489 Bankside Drive, Kitchener, Ontario. Parts 6, 7 & 8, Reference Plan 58R-9260 and Parts 4, 5 & 6, Reference Plan 58R-10277, 489 Bankside Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Griesbaum 735 Bridge Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is proposing to sever off two new residential lots from this parcel and have one retained lot. The three lots will have the following dimensions: Retained lands - Part 6, Reference Plan 58R-9260 and Part 4, Reference Plan 58R-10277 Lot width - 14.028 m (46.03 ft.) Lot depth - 29 m (95.15 ft.) Lot area - 301.3 m2 (3,243.28 sq. ft.) Submission No. B 44/96 - Land to be severed - Part 7, Reference Plan 58R-9260 and Part 5, Reference Plan 58R-10277 Lot width - 10.993 m (36.07 ft.) Lot depth - 27.33 m (89.67 ft.) Lot area - 269.8 m2 (2,904.2 sq. ft.) 2. Submission No. B 44~96 & B 45~96 - Carol Geiger and Alexander Stuckless -cont'd Submission No. B 45~96 - Land to be severed - Part 8, Reference Plan 58R-9260 and Part 6, Reference COMMITTEE OF ADJUSTMENT 181 SEPTEMBER 10, 1996 Plan 58R-10277 m (35.93 ft.) Lot depth - 27.067 m (88.81 ft.) Lot area - 308.8 m2 (3,324.01 sq. ft.) Lot width - 10.95 The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the application for consent approval has been made which proposes the creation of three lots for single detached dwellings fronting Bankside Drive. Together, Parts 4, 5 and 6 of 58R-10277 were previously severed from abutting lands to the south and added as a lot addition to the lands fronting Bankside Drive (Consent Application B-9/95) in order to facilitate the future severance of the lots as proposed in this application. Together, applications B-44/96 and 45/96 propose the creation of three lots, one lot comprised of Part 8, 58R-9260 and Part 6 of 58R-10277, having 10.93 metres of frontage onto Bankside Drive and a lot area of 269.8 square metres; one lot comprised of Part 7, 58R-9260 and Part 5 of 58R-10277 having 10.95 metres of frontage on Bankside Drive and a lot area of 308.8 square metres, and the retained lands being comprised of Part 6 of 58R-9260 and Part 4 of 58R-10277 with a lot frontage of 14 metres on Bankside Drive and a lot area of 301.3 square metres. Each lot is proposed to be developed with single detached dwellings in compliance with the zoning by-law regulations and are serviced by municipal road and public services. Accordingly, the Department of Planning and Development has no concerns with the approval of the subject applications, as submitted. The Department of Planning and Development recommends approval of Consent Applications B 44/96 & B 45/96, as submitted, conditional upon the following: That the lands to be severed be added to the abutting lands and title be taken on identical ownership as the abutting lands, as set out above. Any subsequent severance of the parcel to be severed shall comply with Sections 49 (3) and or (5) of the Planning Act, 1983. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvements The Committee noted the comments of the Director of Building, Zoning & 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 in which they advised that they have no concerns with these applications. Submission No. B 44/96 Moved by Mr. D. McKnight Seconded by Mr. S. Kay That the application of Carol Geiger and Alexander Stuckless requesting permission to convey a parcel of land having a width on Bankside Drive of 10.993 m (36.07 ft.) by a depth of 27.33 m (89.67 ft.) and having an area of 269.8 m2 (2,904.2 sq. ft.) on Part Block 12, Registered Plan 1790 and Part Lot 38, German Company Tract, Being Part 7, Reference Plan 58R-9260 and Part 5, Reference Plan 58R-10277, Bankside 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/or local improvement charges. 2. Submission No. B 44~96 & B 45~96 - Carol Geiger and Alexander Stuckless -cont'd Submission No. B 44/96 - 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. COMMITTEE OF ADJUSTMENT 182 SEPTEMBER 10, 1996 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 September 10, 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 45/96 Moved by Mr. D. McKnight Seconded by Mr. S. Kay That the application of Carol Geiger and Alexander Stuckless requesting permission to convey a parcel of land having a width on Bankside Drive of 10.95 m (35.93 ft.) by a depth of 27.067 m (88.81 ft.) and having an area of 308.8 m2 (3,324.01 sq. ft.) on Part Lot 12, Registered Plan 1790 and Part Lot 38 German Company Tract, Being Part 8, Reference Plan 58R-9260 and Part 6, Reference Plan 58R-10277, Bankside 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/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 September 10, 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.'s B 46/96 - B 56/96 - Hallman Rosedale Limited, 230 Gage Street, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest in this application, as his law firm acts for the applicant, and did not participate in any discussions or voting with respect to this application. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Re: Parts of Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Dietrich 150 Water Street South Cambridge, Ontario COMMITTEE OF ADJUSTMENT 183 SEPTEMBER 10, 1996 CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever 11 residential lots from a larger land holding. Each of the 11 new lots will front onto Westchester Drive. The retained land is at the rear of the 11 lots and has a street frontage on Keewatin Avenue. The severed lots will have the following dimensions: Submission No. B 46/96 - Part I on Draft Reference Plan Lot width - 14.87 m (48.78 ft.) Lot depth - 35 m (114.83 ft.) Lot area - 520.4 m2 (5,601.54 sq. ft.) Submission No. B 47~96 - Part 2 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 35 m (114.83 ft.) Lot area - 453.4 m2 (4,880.36 sq. ft.) Submission No. B 48~96 - Part 3 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 35 m (114.83 ft.) Lot area - 453.4 m~ (4,880.36 sq. ft.) Submission No. B 49~96 - Part 4 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 35 m (114.83 ft.) Lot area - 453.4 m~ (4,880.36 sq. ft.) Submission No. B 50~96 - Part 5 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 35 m (114.83 ft.) Lot area - 453.4 m ~ (4,880.36 sq. ft.) Submission No. B 51/96 - Part 6 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 34.84 (114.32 ft.) Lot area - 454.6 m~ (4,893.27 sq. ft.) Submission No. B 52~96 - Part 7 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 34.9 m (114.49 ft.) Lot area - 503 m2 (5,414.25 sq. ft.) 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd COMMITTEE OF ADJUSTMENT 184 SEPTEMBER 10, 1996 Submission No. B 53/96 - Part 8 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 35.43 m (116.25 ft.) Lot area - 512.2 m2 (5,513.27 sq. ft.) Submission No. B 54/96 - Part 9 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 37.51 m (123.06 ft.) Lot area - 548.3 m2 (5,901.85 sq. ft.) Submission No. B 55~96 - Part 10 on Draft Reference Plan Lot width - 12.95 m (42.5 ft.) Lot depth - 39.46 m (129.46 ft.) Lot area - 539.8 m~ (5,810.36 sq. ft.) Submission No. B 56~96 - Part 11 on Draft Reference Plan Lot width - 12.99 m (42.61 ft.) Lot depth - 39.3 m (128.95 ft.) Lot area - 509.1 m~ (5,479.99 sq. ft.) The Committee reviewed the comments of the Department of Planning and Development, in which they advised that an application has been made to sever 11 lots fronting Westchester Drive from a larger holding which will retain frontage to Keewatin Avenue. The subject lands were formerly owned by the Waterloo County Board of Education and were planned for a proposed school site, but were determined to be surplus and sold to Hallman Rosedale Limited. The Owner proposes to develop the whole of the site with single detached dwellings. The consent application proposes to create 11 single detached dwelling lots fronting Westchester Drive. Nine of the lots are proposed to have lot widths of 12.95 metres (42.5 feet), one lot is proposed to be 12.99 metres (42.61 feet) in width and one other is proposed to be 14.87 metres (48.78 feet). The remaining lands are proposed to be subdivided through a plan of subdivision. The lands are being separated into two areas and being subdivided differently, one by severance and the other by plan of subdivision because of a considerable change in grade at the rear of the severed lots proposed to front Westchester Drive. The existing topography and the availability of services, including the existing street frontage, provide an opportunity for the 11 lots proposed fronting Westchester Drive to proceed ahead of the proposed plan of subdivision which will cover the lands to be retained. The subject lands are designated Low Rise Residential in the City's Municipal Plan and are zoned I-1 (Neighbourhood Institutional) with special regulation provision 93R. The I-1 zone permits single detached dwellings having a minimum lot width of 12.0 metres (39.37 feet) and a minimum lot area of 325 square metres (3498.39 square feet). The lands directly across and surrounding the lands to be severed are zoned R-3, which permits the development of single detached dwellings having a minimum lot width of 13.7 metres (44.95 feet) and a minimum lot area of 464.0 square metres (4994.62 square feet). The smallest lots proposed will have a lot width of 12.95 metres (42.50 feet) and a lot area of 453.40 square metres (4880.52 square feet). The proposed lots comply to both the minimum lot area and minimum lot width requirement of the I-1 zone, are compatible in size with the surrounding lot sizes and comply with the City's Municipal Plan policies. Accordingly, the severance of the lots are appropriate and does not require a plan of subdivision. The Department of Planning and Development recommends approval of Severance Applications B 46/96, B 47/96, B 48/96, B 49/96, B 50/96, B 51/96, B 52/96, B 53/96, B 54/96, B 55/96 and B 56/96 subject to the following conditions: 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd COMMITTEE OF ADJUSTMENT 185 SEPTEMBER 10, 1996 That the owner enter into a subdivision/servicing agreement with the City of Kitchener to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special conditions which shall .qenerally state as follows: (a) That prior to any grading or construction on any part of the lands or registration of a Plan of Subdivision on the retained lands, a Grading Control Plan and Drainage Control Plan, showing all erosion and siltation control features be approved by the City's General Manager of Public Works. To make satisfactory financial arrangements with the City's General Manager of Public Works for the installation to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges on the severed and retained lands. The Committee noted the comments of the Director of Building & Inspections 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 in which they advised that they have no concerns with these applications. The Chairman advised that the Committee must set its mind to the question of whether or not a plan of subdivision is necessary in this situation. Ms. J. Given, Senior Planner, advised that staff have had extensive discussions with the property owner in this regard. She explained that all of the proposed severed lots will have frontage on Westchester Drive, which is an existing street. The retained lands will be developed through a plan of subdivision. Mr. P. Dietrich advised that these lots identify with an existing older neighbourhood. They will be serviced and relate to the older neighbourhood on Westchester Drive. The owner has agreed with the neighbours to create lots and build houses which would be compatible with the older neighbourhood. He advised that the has read the staff report and is in agreement with the recommended conditions. Submission No. B 46/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 14.87 m (48.78 ft.) by a depth of 35 m (114.83 ft.) and having an area of 520.4 m2 (5,601.54 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd2 That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. COMMITTEE OF ADJUSTMENT 186 SEPTEMBER 10, 1996 That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 47/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width of 12.95 m (42.5 ft.) by a depth of 35 m (14.83 ft.) and having an area of 453.4 m2 (4,880.36 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 47/96 - 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 September 10, 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 187 SEPTEMBER 10, 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. B 48/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 35 m (114.83 ft.) and having an area of 453.4 m2 (4,880.36 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 48/96 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 188 SEPTEMBER 10, 1996 Submission No. B 49/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 35 m (114.83 ft.) and having an area of 453.4 m2 (4,880.36 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 50~96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 35 m (114.83 ft.) and having an area of 453.4 m2 (4,880.36 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT 189 SEPTEMBER 10, 1996 That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 51/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 34.84 m (114.32 ft.) and having an area of 454.6 m2 (4,893.27 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 51/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: COMMITTEE OF ADJUSTMENT 190 SEPTEMBER 10, 1996 a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 52/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 34.9 m (114.49 ft.) and having an area of 503 m2 (5,414,25 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 52~96 a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements charges. COMMITTEE OF ADJUSTMENT 191 SEPTEMBER 10, 1996 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 September 10, 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 53/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 35.43 m (116.25 ft.) and having an area of 512.2 m2 (5,513.27 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 53~96 That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 192 SEPTEMBER 10, 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. B 54/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 37.51 m (123.06 ft.) and having an area of 548.3 m2 (5,901.85 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 1998. 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 54/96 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 55~96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay COMMITTEE OF ADJUSTMENT 193 SEPTEMBER 10, 1996 That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.95 m (42.5 ft.) by a depth of 39.46 m (129.46 ft.) and having an area of 539.8 m2 (5,810.36 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 3. Submission No.'s B 46/96 - B 56/96 - Hallman Rosedale Limited - cont'd Submission No. B 56/96 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a width on Westchester Drive of 12.99 m (42.61 ft.) by a depth of 39.3 m (128.95 ft.) and having an area of 509.1 m2 (5,479.99 sq. ft.) on Part Block 232, Registered Plan 1403, Westchester Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a subdivision/servicing agreement with the City of Kitchener, to be prepared by the City Solicitor in consultation with the General Manager of Public Works, and registered on title of both the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That prior to any grading or construction on any part of the lands or registration of a plan of subdivision on the retained lands, a grading control plan and drainage control plan, showing all erosion and siltation control features, shall be approved by the City's General Manager of Public COMMITTEE OF ADJUSTMENT 194 SEPTEMBER 10, 1996 Works. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements 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 September 10, 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 SUBSECTION 50 (18) OF THE PLANNING ACT APPLICATIONS 1. PS/F 1/96- Waypam Inc., Mortgagee in Possession, 15 Westwood Crescent, Cambrid.qe, Ontario Re: Part Lot A, Registered Plan 363, 30 & 32-34 Bingeman Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. S. Fries 626 Bay Hampton Crescent Waterloo, Ontario PS/F 1/96 - Waypam Inc., Mort.qa.qee in Possession - cont'd CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Chairman advised that this application is being considered pursuant to subsection 50(18) of the Planning Act. Under the provision of the Planning Act and regulations, public notice and public hearing are not required; further, there are no appeal provisions. The Committee was advised that the purpose of this application is to sever the mortgage on this property. The mortgage covers the property at 30 & 32-34 Bingeman Street, the abutting land to the west, which is the whole of Lot 7, Registered Plan 103, and the abutting property to the east, which is also part of Lot A, Registered Plan 363. The Committee considered the comments of the Department of Planning & Development in which they advised that the property complies with the City's municipal plan and all the regulations of the zoning by-law. COMMITTEE OF ADJUSTMENT 195 SEPTEMBER 10, 1996 The Committee considered the comments of the Regional Municipality of Waterloo in which they advised that they have no concerns with this application. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Waypam Inc., mortgagee in possession, requesting permission to sever the mortgage on a parcel of land having a width on Bingeman Street of 27.799 m (91.21 ft.) by a depth of 41.968 m (137.69 ft.) and having an area of 1, 165.4 m2 (12,544.68 sq. ft.) on Part Lot A, Registered Plan 363, 30 & 32-34, Bingeman Street, Kitchener, Ontario BE APPROVED. It is the opinion of this committee that: 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 at 11:00 a.m. Dated at the City of Kitchener this 10th, day of September 1996. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment