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HomeMy WebLinkAboutAdjustment - 1996-04-16COA\1996-04-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 16, 1996 MEMBERS PRESENT: Messrs. J. Gothard, D. McKnight, W. Dahms and A. Galloway. Mr. R. Morgan, Co-ordinator, Zoning Administration, Mr. Intermediate Planner, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 9:30 a.m.. OFFICIALS PRESENT: J. Willmer, MINUTES Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the Minutes of the regular meeting of the Committee of Adjustment, of March 19, 1996, as mailed to the members, be accepted. Carried MINOR VARIANCE UNFINISHED BUSINESS 1. Submission No. A 13/96 - 454064 Ontario Inc., 25 Northland Drive, Waterloo, Ontario Re: Lots 19 - 21, Registered Plan 258, Lots 47, 48, 49 and 51 and Part Lots 14-50, Registered Plan 251 and Part Lot 25, Registered Plan 404, 1253 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Assimocopoulos 310-30 Blue Springs Drive Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting to rent a unit in this plaza for use as a restaurant and billiard hall and is requesting permission to provide thirty off-street parking spaces for this use rather than the required 34 off-street parking spaces. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting a parking variance to permit a restaurant/billiard hall to occupy one unit in the existing commercial plaza. The unit is vacant and has a gross floor area of 510 square metres. The application was previously deferred to allow the applicant to discuss options with staff. The applicant now proposes to limit the amount of restaurant seating to approximately 18 seats, occupying a maximum COMMITTEE OF ADJUSTMENT 67 APRIL 16, 1996 floor area of 56 square metres (600 square feet). The gross floor area of the plaza is 1619 square metres. The by-law requires 1 parking space for every 27 square metres of gross floor area, or a total of 60 parking spaces for the entire plaza. The approved site plan illustrates 45 parking spaces on the site. It is noted that the parking lot layout is not in agreement with the approved plan and may not be functional in certain areas. 1. Submission No. A 13/96 - 454064 Ontario Inc. - cont'd Prior to being rezoned to CR-4 by Stage 6 of the Comprehensive Zoning By-law in January 1994, the property was zoned C3 with special use and special regulation provisions in By-law 4830. The former zoning required a minimum of 45 parking spaces in recognition of the limited on-site parking available. Existing uses in the plaza include a temporary office, a boxing club, a fitness club (which occupies two units) and a computer business. The occupied units have a total gross floor area of 1109 square metres (68.5% of the plaza). These units appear to have legal non-conforming status with respect to the parking regulations of the current by-law, and require a total of 31 spaces (68.5% of the 45 spaces required by the former by- law). This leaves a total of 14 spaces for the vacant unit, which now requires 19 spaces. The application should be revised to request a variance reducing the parking requirement from 19 parking spaces to 14. The proposed variance is desirable for the appropriate development and use of the land as the restaurant is essentially an accessory use to the billiard hall, based on its limited floor area. The impact of the variance can be considered to be minor as the 45 parking spaces provided on site appear to be sufficient for the uses existing and proposed in the plaza. The general intent and purpose of the zoning by-law and official plan are therefore maintained. As noted in the original staff recommendation, staff are concerned that overflow parking would have very few alternative parking opportunities. On street parking is not permitted on King Street or Charles Street. Overflow parking would likely use neighbouring commercial businesses or residential side streets, such as Sheldon Avenue North. If more intensive uses occupy units in the plaza, the shortage of parking could become a problem again. Ultimately the parking lot should be expanded by consolidation of the plaza site with the property addressed as 16 Sheldon Avenue South. In the opinion of staff, the proposal can be considered to meet the four tests set out in Section 45 (1) of the Planning Act. The Department of Planning and Development recommends approval of Submission A 13/96, to reduce the parking requirement from 19 parking spaces to 14 for a billiard hall, and a restaurant with a maximum 56 square metres of floor area devoted to patron seating, subject to the following conditions: That the parking lot be demarcated in accordance with the approved site plan, to the satisfaction of the Director of Traffic and Parking Services. That condition 1 be satisfied prior to October 1, 1996. Mr. Assimocopoulos addressed the Committee advising that the floor area for the restaurant has been reduced to 600 sq. ft. He provided the Committee with a copy of a floor plan. When questioned by the Committee, Mr. Assimocopoulos advised that he is asking for an amendment to the original application and the Committee agreed to consider this request. When questioned by the Committee, Mr. J. Willmer, Intermediate Planner, advised that this unit in the plaza requires 19 parking spaces; however, based on the fact that the existing parking for this plaza is, overall, less than that currently required, staff are reluctant to support a larger restaurant area, as restaurants are demanding on parking. A smaller restaurant space is less intensive. Mr. W. Dahms referred to page 2 of the Department of Planning & Development comments in which they state that "...the proposal can be considered to meet the four tests ...". Mr. J. Willmer responded that staff are concerned that other uses in the plaza may change and have an more intensive use of parking. In time the tenant mix may change. Mr. S. Kay questioned the requested condition and whether demarcating the parking lot may reduce the number of parking spaces. Mr. J. Willmer explained that there are approximately 49 or 50 parking spaces there now; however, some are not functional. The demarcation will provide 45 functional parking spaces as COMMITTEE OF ADJUSTMENT 68 APRIL 16, 1996 shown on the approved plan. Submission No. A 13/96 - 454064 Ontario Inc. - cont'd Mr. A. Galloway advised that he would be in support of the amended application provided that it is tied to a specific use. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of 454064 Ontario Inc. requesting permission to provide 14 off-street parking spaces rather than the required 19 off-street parking spaces for a billiard hall with a restaurant as an accessory use and occupying only a maximum floor area of 56 m2, 600 sq. ft. to be devoted to patron seating on Lots 19- 21, Registered Plan 258, Lots 47, 48, 49 and 51 and Part Lots 14-50, Registered Plan 251 and Part Lot 25, Registered Plan 404, 1253 King Street East, Kitchener, Ontario BE APPROVED subject to the following condition: That the parking lot be demarcated in accordance with the approved site plan, to the satisfaction to the Director of Traffic & Parking Services prior to October 1, 1996. It is the opinion of this Committee that: The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried APPLICATIONS 1. Submission No. A 15/96 - Bill Nippel, 41 Howland Drive, Kitchener, Ontario Re: Lot 27, Registered Plan 1242, 41 Howland Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. B. Nippel 41 Howland Drive Kitchener, Ontario NONE NONE Mr. & Mrs. J. Jefferies 36 Howland Drive Kitchener, Ontario Ms. M. Leitch 14 Cartier Drive Kitchener, Ontario The Committee was advised that the applicant is requesting permission to construct a rear addition onto his existing residence, measuring 6.71 m (22 ft.) by 7.32 m (24 ft.). The remaining rearyard, at the shortest point will be 4.58 m (15 ft.) rather than the required 7.62 m (25 ft.). COMMITTEE OF ADJUSTMENT 69 APRIL 16, 1996 The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the subject application seeks approval to construct an addition to an existing single detached dwelling for a home business, which would result in a rear yard of 15 feet. Submission No. A 15/96 - Bill Nippel - cont'd A rear yard of 16.5 feet was approved by this Committee on November 21, 1995, and the owner found that he had made an error in calculating the rear yard he would require for his addition. This change to the variance does not change staff's original recommendation of support. It is our position that the resulting rear yard is still sufficient and the variance is minor and maintains the intent of the by-law and Municipal Plan and is desirable for the development of the property. The Department of Planning and Development recommends approval of Application A-15/96, requesting approval of a rear yard of 15 feet rather than 25 feet. 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 addition. The Committee considered the written submissions of the neighbours in opposition to the application. Mr. Nippel addressed the Committee advising that the problem arose because he measured the distance from the back wall of his house to the fence. He had assumed, after discussion with his neighbour, that the fence had been erected on the property line. When questioned by the Committee, Mr. Nippel advised that the shape and size of the addition is the same as when he applied to the Committee of Adjustment last Fall and nothing has changed in that regard. Further, the addition has not yet been constructed. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Bill Nippel requesting permission to construct a rear addition onto his existing residence, measuring 6.71 m (22 ft.) by 7.32 m (24 ft.) with a rearyard of 4.58 m (15 ft.) rather than the required 7.62 m (25 ft.) on Lot 27, Registered Plan 1242, 41 Howland Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 16/96 - Ravensbrook Homes (K-W) Ltd., 4243-C Dundas Street West, Ste. 405, Etobicoke, Ontario Re: Part Lot 14, Registered Plan 1799, 61 Briarfield Street, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest in this application, as his law firm acts for the mortgagee, and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. R. Muszynski c/o Ravensbrook Homes (K-W) Ltd. 4243-C Dundas Street West Suite 405 Etobicoke, Ontario COMMITTEE OF ADJUSTMENT 70 APRIL 16, 1996 CONTRA: NONE Submission No. A 16/96 - Ravensbrook Homes (K-W) Ltd. - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to locate the driveway for this property at a distance of 10.6 m (34.78 ft.) from the intersection of Briarfield Street and Idle Creek Drive. The by-law requires driveways to be located a minimum of 12 m (39.37 ft.) from an intersection. The Committee reviewed the comments of the Department of Planning and Development, in which they advised that the applicant is requesting a 10.60 metre set back for an access driveway to a proposed single detached dwelling whereas the by-law requires a minimum set back of 12.0 metres from an intersection to the driveway. The subject property is located on a corner lot which is bounded by streets on three sides; on the north by Briarfield Street, on the south by Fairway Road and on the east by Idle Creek Drive. Fairway Road functions as an arterial road with restricted access and Idle Creek Drive functions as a collector road. The zoning by-law requires larger lot widths on corner properties to provide the same building envelope on corner lots as interior lots. The existing lot was designed to house a semi-detached dwelling whereas the applicant now wishes to divide the lot by part lot control and develop two single detached dwellings. As a result the driveway off of Briarfield Street would be 1.4 metres short of the required 12 metre setback from Idle Creek Drive. The 12.0 metre driveway setback is required for corner lots that abut streets with a right- of-way of 18 metres or more. The driveway setback for corner lots which abut streets with rights-of-way less than 18 metres, is 9.0 metres. Staff are not generally supportive of reductions in the setback for driveway locations on corner lots if the minimum 12.0 metres can be achieved. However, in this particular situation it is undesirable to locate a driveway off of Idle Creek Drive due to anticipated traffic flows. The proposed 10.6 metre setback should provide an adequate distance for vehicular safety. The variance is considered minor in nature and meets the general intent of the zoning by-law. The variance would allow for the lands to be developed with two single detached dwellings. This is desirable for the appropriate development of the subject lands as the small-lot singles are similar in scale to the originally intended development of a semi-detached dwelling. In view of the foregoing, the Department of Planning and Development recommends approval of variance application A 16/96 subject to the variance applying only to a single detached dwelling. The Committee noted the comments of the Director of Building & Inspections in which they advised that they have no concerns or comments with respect to this Submission. The Committee noted the comments of Mr. K. Mayer, Traffic Analyst, Traffic & Parking Division, in which he advised that while the Division is generally opposed to driveways being located less than 12.2 m from intersecting roads, there are several conditions, specific to this application, which would qualify an exemption. It would be less desirable to relocate the driveway to Idle Creek Drive in terms of proximity to the Fairway Road intersection. This proposed driveway location would likely have less traffic operating implications. The Chairman questioned whether this difficulty had arisen because this property will now be developed with a single family dwelling rather than a semi-detached dwelling, as a sideyard must now be provided. Mr. Muszynski advised that there still may have been a minor difficulty putting a driveway in for a semi-detached dwelling on this lot. Moved by Mr. D. McKnight Seconded by Mr. S. Kay COMMITTEE OF ADJUSTMENT 71 APRIL 16, 1996 2. Submission No. A 16/96 - Ravensbrook Homes (K-W) Ltd. - cont'd That the application of Ravensbrook Homes (K-W) Ltd. requesting permission to locate the driveway for this property at a distance of 10.6 m (34.78 ft.) from the intersection of Briarfield Street and Idle Creek Drive rather than the required of 12 m (39.37 ft.) on Part Lot 14, Registered Plan 1799, 61 Briarfield Street, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be applicable only so long as the property is developed with a single family dwelling. 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 CHANGE OF CONDITIONS APPLICATIONS Submission No. C 1/96 - James Mosgrove, 56 Sherwood Avenue, Kitchener, Ontario Re: Parts of Block B, Registered Plan 886, Parts of Lot 22, Registered Plan 384 and Parts of Block 38, Registered Plan 791,480 Ottawa Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Ulmer 330 Trillium Drive Unit A Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for a change in conditions imposed by the Committee of Adjustment in granting Submission No.'s B 25/95 & B 26/95. Specifically, the applicant is requesting permission to change condition numbers 6, 7 and 8 for Submission No. B 25/95 and condition number 6 for Submission No. B 26/95. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject applications B-25/95 and B-26/95 were approved by the Committee of Adjustment at its meeting of April 11, 1995. Within the last two months the applicant and Planning Department have discussed the conditions of approval relative to the above noted consent applications. It has been determined that some of the conditions of approval require physical works to be completed within the one year period. Given the nature and extent of works for extending services, sidewalks, driveway ramps and dedication of lands, staff have determined that to satisfy these conditions, would be onerous and therefore, propose to change conditions of approval to require financial securities instead of physical site works. In consultation with the applicant, staff recommend additional changes to clarify and correct certain other requirements. As such, the application is amended. COMMITTEE OF ADJUSTMENT 72 APRIL 16, 1996 Submission No. C 1/96 - James Mosqrove - cont'd The proposal is for the development of two lots which will front on Donley Street. Specifically, B-25/95, proposes a lot width of 15 metres (50 ft) by a lot depth of 30.2 metres (105 ft) and B-26/95 proposes a lot of the same dimensions. Both lots have an area of 486.4m2 (5,236.5 ft2). Application B-26/95 applies to land located at the current terminus of Donley Street, being the most south-westerly lot proposed along Donley Street. Consent B-27/95 was part of the original three submissions for the severance of the subject lands currently addressed as 480 Ottawa Street South B-27/95 is not subject to this application as the applicants intend to satisfy the conditions within the one year period of its approval. The conditions which were approved by the Committee of Adjustment previously for application B-25/95 and B-26/95 which would remain unchanged are as follows: Conditions 1, 2, 4, 5 of B-25/95 and Conditions 1, 2, 4, 5 of B-26/95. It is the opinion of the Department of Planning and Development that the revised conditions appropriately reflect the timing of satisfying conditions for the proposed severance applications and the Department has no concerns with the application as detailed herein. That Provisional Consent Application C-1/96, as amended, be approved in accordance with the following conditions. The following represents changes to the conditions of approval for submission B-25/95 Condition 3 (revised) That the owner shall post a letter of credit or other suitable financial security with the City, satisfactory to the Department of Public Works and City Solicitor, in the amount of 100% of the cost to install, to City standards, the boulevard landscaping including street trees and paved driveway ramps on the severed lands. Said security to be held by the City until such time as the works have been completed by the owner to satisfaction of the General Manager of Public Works. Condition 6 Delete. Condition 7 Delete. Condition 8 (revised) That the applicant make satisfactory financial arrangements with the City's Department of Public Works for the City to extend all required services, including storm sewer, water and sanitary sewer at the owner's expense, from the present terminus on Donley Street to the south-west property line of the proposed severed lands, including the full restoration of the existing carriage way to a standard satisfactory to the Department of Public Works. Condition 9 (revised) The applicant shall make satisfactory financial arrangements with the City's Department of Public Works for the City to extend the 1.5 metre wide concrete sidewalk along Donley Street to the satisfaction of the General Manager of Public Works. The following represents changes to the conditions of approval for submission B-26/95. COMMITTEE OF ADJUSTMENT 73 APRIL 16, 1996 Submission No. C 1/96 - James Mosqrove - cont'd Condition 3 (revised) That the owner shall post a letter of credit or other suitable financial security with the City, satisfactory to the Department of Public Works and City Solicitor, in the amount of 100% of the cost to install, to City standards, the boulevard landscaping including street trees and paved driveway ramps on the severed lands. Said security to be held by the City until such time as the works have been completed by the owner to satisfaction of the General Manager of Public Works. Condition 6 (revised) That the applicant make satisfactory financial arrangements with the City's Department of Public Works for the City to extend all required services, including storm sewer, water and sanitary sewer at the owners expense, from the present terminus on Donley Street to the south-west property line of the proposed severed lands, including the full restoration of the existing carriage-way to a standard satisfactory to the Department of Public Works. Condition 7 (revised) That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the City to install a 1.5 metre wide concrete sidewalk from its terminus at the south-east lot line of the severed lands to the south-west lot line of the proposed severed lands. Condition 8 (new) That Parts 3 and 4 of Reference Plan 58R-7477 shall be conveyed to the City of Kitchener, without cost and free of encumbrance for road widening purposes. Condition 9 (new) That the owners shall convey to the City of Kitchener without cost and free of encumbrance a 0.3 metre (1 ft) reserve along the south-west limit of Parts 3 and 4 of Reference Plan 58R-7477. The Committee noted the comments of the Department of Planning & Culture for the Region of Waterloo in which they advised that they have no objection to this application. At the request of Mr. Ulmer, the Committee agreed to consider an amendment to the application as contained in the Department of Planning & Development comments. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of James Mosgrove requesting permission to change conditions of Provision Consent Submission No. B 25/95 BE GRANTED, so that only the following conditions shall apply to Submission No. B 25/95: That the applicant shall agree with the Regional Municipality of Waterloo that development of the retained lot will requiring the submission of a Lot Grading and Drainage Control Plan. (Same) That the applicant shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of all new service connections to the severed lands. (Same) That the owner shall post a letter of credit or other suitable financial security with the City, satisfactory to the Department of Public Works and the City Solicitor, in the amount of 100% of the cost to install, to City standards, the boulevard landscaping including street trees and paved driveway ramps on the severed lands. Said security to be held by the City until such time as the works have been completed by the owner to the satisfaction of the General Manager of Public Works. (Revised) COMMITTEE OF ADJUSTMENT 74 APRIL 16, 1996 Submission No. C 1/96 - James Mosqrove - cont'd That the applicant shall pay to the City of Kitchener as cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. (Same) That the applicant shall make arrangements to the satisfaction of the City's Commissioner of Finance for the payment of any outstanding municipal property taxes and/or local improvement charges. (Same) Deleted Deleted That the applicant shall make satisfactory financial arrangements with the City's Department of Pubic Works for the City to extend all required services including storm sewer, water and sanitary sewer, at the owner's expense, from the present terminus on Donely Street to the South-west property line of the proposed severed lands, including the full restoration of the existing carriage way to a standard satisfactory to the Department of Public Works. (Revised) That the applicant shall make satisfactory financial arrangements with the City's Department of Public Works for the City to extend the 1.5 m wide concrete sidewalk along Donely Street to the satisfaction of the General Manager of Public Works. (Revised) - and further - That the application of James Mosgrove requesting permission to change the conditions of a Provisional Consent, Submission No. B 26/95 BE GRANTED so that only the following conditions shall apply to Submission No. B 26/95: That the applicant shall agree with the Regional Municipality of Waterloo that development of the retained lot will require the submission of a lot grading and drainage control plan. (Same) That the applicant shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of all new service connections to the severed lands. (Same) That the owner shall post a letter of credit or other suitable financial security with the City, satisfactory to the Department of Public Works and City Solicitor in the amount of 100% of the cost to install, to City standards, the boulevard landscaping including street trees and paved driveway ramps on the severed lands. Said security to be held by the City until such time as the works have been completed by the owner to the satisfaction of the General Manager of Public Works. (Revised) That the applicant shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. (Same) That the applicant shall make arrangements to the satisfaction of the City's Commissioner of Finance for the payment of any outstanding municipal property taxes and/or local improvement charges. (Same) That the applicant shall make satisfactory financial arrangements with the City's Department of Public Works for the City to extend all required services, including storm sewer, water and sanitary sewer, at the owners expense, from the present terminus on Donely Street to the South- west property line of the proposed severed lands, including the full restoration of the existing carriage way to a standard satisfactory to the Department of Public Works. (Revised) That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the City to install a 1.5 m wide concrete sidewalk from its terminus at the south- east lot line of the severed lands to the south-west lot line of the proposed severed lands. (Revised Submission No. C 1/96 - James Mosqrove - cont'd COMMITTEE OF ADJUSTMENT 75 APRIL 16, 1996 That Parts 3 and 4 of Reference 58R-7477 shall be conveyed to the City of Kitchener, without cost and free of encumbrance, for road widening purposes. (New) That the owners shall convey to the City of Kitchener without cost and free of encumbrance a 0.3 m (1 foot) reserve along the southwest limits of Parts 3 & 4, Reference Plan 58R-7477. (New) Pursuant to Subsection 53 (41) of the Planning Act, R.S.O. 1990, as amended, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. It is the opinion of this Committee that: The requirements of the Zoning By-law are being maintained. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried ADJOURNED On Motion, the meeting adjourned. Dated at the City of Kitchener this 16th, day of April 1996. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment