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HomeMy WebLinkAboutAdjustment - 1997-02-25COA\1997-02-25 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 25, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. Mr. J. Willmer, Intermediate Planner, and Ms. D. H. Gilchrist, Secretary- Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 9:37 a.m.. MINUTES Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the Minutes of the regular meeting of the Committee of Adjustment, of February 4, 1997, as mailed to the members, be accepted. Carried MINOR VARIANCE APPLICATIONS 1. Submission No. A 40/97 - Tom Brckovic, 8 St. Leger Street, Kitchener, Ontario Re: APPEARANCES: IN SUPPORT: Part Lot 1, Registered Plan 33, 8 St. Leger Street, Kitchener Ontario. Mr. P. Woodford 2-428 Gage Avenue Kitchener, Ontario Mr. T. Brckovic 8 St. Leger Street Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to install a driveway on the west side of the property to provide a parking space. The driveway would have a width, beside the front porch, of 2.29 m (7.1 ft.) rather than the required 2.59 (8.5 ft.) and the parking space would be located up to the Iotline along St. Leger Street rather than being setback 6 m (19.69 ft.) from the Iotline along St. Leger Street. The Committee noted the comments of the Department of Planning & Development in which they advised COMMITTEE OF ADJUSTMENT 53 FEBRUARY 25, 1997 that the applicant is requesting permission to install a driveway on the west side of the property to provide a parking space. The driveway would have a width, beside the front porch, of 2.29 m (7.1 ft.) rather than the required 2.59 m (8.5 ft.) and the parking space would be located up to the lot line along St. Leger Street rather than being setback 6 m (19.69 ft.) from the lot line along St. Leger Street. This dwelling was constructed in approximately 1909 and because of its heritage significance, is listed on the Inventory of Heritage Buildings. When the dwelling was constructed, a driveway was not a Zoning Bylaw requirement. The applicant currently has no place to park on his property. The present Zoning 1. Submission No. A 40/97 - Tom Brckovic - cont'd By-law requires that a driveway shall be located leading directly from a street to a parking space located a minimum distance of 6.0 m (19.69 ft.) metres from the street line. The intent of the 6.0 m (19.69 ft.) setback for the parking capsule is to maintain a consistent streetscape while also allowing vehicles to exit the property safely with regards to pedestrian and vehicular traffic. This application should be amended to show the proposed parking area between the porch and westerly lot line is 2.44 m (8 ft.) rather than the 2.29 m (7.1 ft.) requested. The required dimensions for a legal parking space is 2.6 m (8.5 ft.) wide by 5.49 m (18 ft.) long. The proposed parking area length is 4.57 m (15 ft.). The intent of the by-law is being met and the proposal can be considered minor in nature as the size and location of the proposed parking space would still allow the applicant enough space to enter and exit the vehicle without adversely affecting the enjoyment of the abutting property. In addition, the abutting property (10 St. Leger St.) has a 1.52 m (5 ft.) right of way as shown on the submitted plan. This unobstructed area would allow the applicant ease in opening or closing the vehicle door. The location of the parking space up to the lot line does not drastically affect the streetscape as there are other homes along this portion of St. Leger Street with similar parking arrangements. Traffic and Planning Department staff believe that this application can also be considered minor in nature because the size of the parking space could physically accommodate a motor vehicle without any encroachment onto the sidewalk. Staff note that any curb cutting that takes place must comply with the City's curb cutting requirements. The Department of Planning and Development recommends approval subject to the application and submitted plan as amended. The Committee noted the comments of Mr. B. Erb, Technologist, Engineering Department, Regional Municipality of Waterloo in which they advised that Regional staff have no concerns with respect to this application. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns with the proposed driveway, provided that there is sufficient area between the porch steps and the side Iotline to physically park a vehicle. They cautioned that if a vehicle can not be parked in this area it would result in the vehicle encroaching onto the St. Leger Street right-of-way, which may require an encroachment agreement. At the request of Mr. Woodford, the Committee agreed to consider an amendment to the application as recommended by the Department of Planning & Development. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Tom Brckovic requesting permission to install a driveway on the west side of the property with the parking space to have a width of 2.44 m (8 ft.) and a length of 4.57 m (15 ft.) rather than the required 2.6 m (8.5 ft.) by 5.49 m (18 ft.) with the parking space to be located up to the Iotline along St. Leger Street rather than the being setback 6 m (19.69 ft.) on Part Lot 1, Registered Plan 33, 8 St. Leger Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 54 FEBRUARY 25, 1997 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 41/97 - Dr. Stephen M. Code, 1188 Ottawa Street South, Kitchener, Ontario Re: Lot 47, German Company Tract, 1188 Ottawa Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Code 50 Burnt Ember Court Kitchener, Ontario CONTRA: Mr. & Mrs. R. Nash 70 Howe Drive Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is request permission to add a health care office on the second floor of this building without adding any additional off-street parking spaces. Currently there are seventeen off-street parking spaces on site and the by-law would normally require twenty-four off-street parking spaces for this total building to be occupied for health care offices. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to use existing vacant floor space for a Health Office/Clinic. The original farmhouse is a heritage building built in 1863. The property was rezoned to allow Health Office/Clinic and a new addition built in 1993. In the interest of preserving the heritage building, and creating a reasonable amount of accessible floor space, site plan approval was given for the addition even though the amount of parking on site was sufficient to allow only 70% of the total gross floor area of the farmhouse and addition to be occupied as Health Office/Clinic. The application requests that the parking requirement be reduced from 1 parking space per 15 square metres of gross floor area to 1 space per 21.46 square metres. Staff have concerns with such an approach, as in practice the 1 per 15 requirement is a fair representation of the actual parking demands for Health Office/Clinic. There are frequent situations, usually in the suburbs, for which the standard requirement is insufficient. The rationale for this application is that the existing Optometry Office, in operation since 1993, has experienced a peak demand of 6 parking spaces, rather than the 13 spaces required for the 197 square metres of occupied floor space. Staff agree that compared to other types of health offices optometry offices generate considerably lower parking demands. Therefore staff support a reduction of the parking requirement for the Optometry Office/Clinic to reflect its actual needs, and that no relief be granted for the Health Office/Clinic which would occupy the remaining floor space, as the specific use is not yet known, and may ultimately be one of the more intensive uses, such as chiropractor or general practitioner. The applicant has agreed to restricting the use of the existing occupied space to optometry clinic/office only, and not allowing a change of use to any other type of health professionals. Therefore the variance should be revised to reduce the parking requirement to 1 space per 33 square metres for the first 197 square metres of optometry office/clinic only. Any expansion of the optometry clinic or any use of the existing vacant floor space must comply with the standard requirement of 1 parking space per 15 square metres. COMMITTEE OF ADJUSTMENT 55 FEBRUARY 25, 1997 2. Submission No. A 41/97 - Dr. Stephen M. Code - cont'd In this manner the general intent and purpose of the by-law and official plan would be maintained, as there would be adequate parking on site for the specified uses. If the actual parking needs of the office/clinic should increase in the future, it should be possible to provide additional parking on that portion of the redundant road allowance which is to be closed by by-law and conveyed to Dr. Code. Council has already approved such a closure in principle. The variances are desirable for the appropriate development and use of the lands as the total development accommodates the adaptive reuse of a heritage building without removal of the mature tress to provide paved parking in front of the building. Owing to the location of the property at the top of a hill and on the outside of the curve on Ottawa Street, these trees and the original farmhouse can be seen for a considerable distance on Ottawa Street. The impact of the variances is minor as the actual peak demand is provided for, and there will be room for additional parking spaces after closure and conveyance of the redundant portion of the road allowance. The Department of Planning and Development recommends approval of Submission A 41/97. The Committee noted the comments of the Department of Engineering, Regional Municipality of Waterloo in which they advised that they have no concerns with respect to this application. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a building permit is required for any new construction proposed to create the new health care office. The Committee noted the comments of the Traffic & Parking Division in which they advised that the Division does not support the proposed additional health care office which will not meet the on-site parking requirement. On-street parking is prohibited in this area and alternate public parking facilities are not available. The parking deficiency could create traffic operation problems on the site and could generate improper parking on the adjacent street. Mr. M. Code addressed the Committee advising that he is in agreement with the Planning Departments recommended amendment to the application. He requested the Committee's permission to amend the application and the Committee agreed to consider this request. Mr. Code then explained that half of the old building plus the addition is used for the optometry office. The second storey space would not be a high volume health care clinic because of the stairs. He did not know at this time who would occupy the second storey. Mr. Code advised that the parking issue is germane to the second storey being offered on the market. He advised that if there is any indication of inadequate parking, they have an opportunity to create three new parking spaces when the road is closed and transferred to Dr. Code; however, it is hoped that the tenant and the existing practice can function with 17 spaces. Mr. R. Nash addressed the Committee advising that he lives next door to Dr. Code and he feels that they will have a problem with parking if not enough parking spaces exist. They have had problems in the past with vehicles parking on Howe Drive, which cuts them off from their driveway. He felt that there would be more problems in the future, if not enough parking was provided. People are currently parking on the street even though there is parking available on Dr. Code's property. A discussion then took place over the configuration of the roads in this area and at what point Howe Drive is closed to traffic and Mr. Nash and Mr. Code both showed the Committee additional plans to illustrate this situation. Mr. J. Gothard questioned penalizing Dr. Code because people park illegally. He suggested that the neighbours could be protected through By-law Enforcement. 2. Submission No. A 41/97 - Dr. Stephen M. Code - cont'd Mr. S. Kay stated that the configuration of the Code property and the streets causes a problem. It is important to balance everyones interests. It was suggested by the Committee that a condition of approval COMMITTEE OF ADJUSTMENT 56 FEBRUARY 25, 1997 be imposed that the owner should erect entrance and exit signs at the entrance to this property so that patrons of the health clinic would have no doubt as to where to enter the property and park. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Stephen Code requesting permission to provide one off-street parking space per 33 m2 of floor area for the first 197 m2 of optometry office/clinic only on Lot 47, German Company Tract, 1188 Ottawa Street South, Kitchener, Ontario BE APPROVED subject to the following conditions: That any expansion of the optometry clinic or any use of the existing vacant floor space must comply with the standard requirement of 1 parking space per 15 m~. That the owner shall erect entrance/exit signs at the entrance to this property, in accordance with by-law requirements, as soon as is practical after the closed portion of Howe Drive has been conveyed to the owner, as long as the owner takes no action to delay the conveyance. 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 Submission No. A 42/97 & A 43/97 - Ar-Jel/High Tree Developments Ltd., 110 Sheppard Avenue East, Suite 507, Willowdale, Ontario Re: Parts of Block 108, Registered Plan 1678, Brembel Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. T. Baskerville 507-1110 Sheppard Avenue East Willowdale, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission for a reduction in the width of two proposed corner lots. The lots will front onto a crescent and Brembel Street will along the side of these lots. The lots would have a frontage of 13.5 m (44.3 ft.) (proposed lot 20) and 13.5 m (44.3 ft.) (proposed lot 21 ) rather than the required 15 m (49.22 ft.). The Committee noted the comments of the Department of Planning and Development, in which they advised that the applicant is requesting permission to reduce corner lot widths for proposed lots within draft plan of subdivision 30T-94014. The two lots are at the corner of Brembel Street, which has a 20 m road allowance, and proposed Brembel Crescent which is to have a 16 m road allowance. The by-law requires such corner lots to have a minimum width of 15 m. The proposed lots would be 13.5 m wide. 3. Submission No. A 42/97 & A 43/97 - Ar-Jel/High Tree Developments Ltd. - cont'd The general intent and purpose of the by-law requirement for corner lot widths is to ensure that a side yard abutting a street is equal to the front yard setback, and also to allow for a safe distance between the driveway and the intersection. In this case the subdivider has confirmed that driveways will be located on COMMITTEE OF ADJUSTMENT 57 FEBRUARY 25, 1997 Brembel Street which is the flanking street. Therefore the general intent and purpose is maintained. The variances are desirable for the appropriate development and use of the lands as the lot widths within the plan will be more consistent. The impact of the variances is minor as the distance between the driveways and the intersection will comply with by-law requirements and the building envelope will allow for a minimum 4.5 m side yard abutting Brembel Street. The Department of Planning and Development recommends approval of Submissions A 42/97 and A 43/97. The Committee noted the comments of the Engineering Department, Regional Municipality of Waterloo in which they advised that Regional requirements for the development of these lands are being addressed through draft plan of sub-division 30T-94014. Submission No. A 42/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Ar-jel/High-Tree Developments Limited requesting permission for a lot to have a width of 13.5 m (44.3 ft.) rather than the required 15 m (49.22 ft.) on Part Block 108, Registered Plan 1678 (proposed lot 20) Bremble Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the driveway for proposed lot 21 shall enter the property from Bremble Street in accordance with zoning regulations. 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 Submission No. A 43~97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Ar-jel/High-Tree Developments Limited requesting permission for a lot to have a width of 13.5 m (44.3 ft.) rather than the required 15 m (49.22 ft.) on Part Block 108, Registered Plan 1678 (proposed lot 21) Bremble Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the driveway for proposed lot 21 shall enter the property from Bremble Street in accordance with zoning regulations. 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. Submission No. A 42/97 & A 43/97 - Ar-Jel/High Tree Developments Ltd. - cont'd Submission No. A 43~97 - cont'd COMMITTEE OF ADJUSTMENT 58 FEBRUARY 25, 1997 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 44/97 - Mr. Stuart Janzen, 780 Belmont Street North, Kitchener Ontario Re: APPEARANCES: IN SUPPORT: NONE CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE Lot 1, Registered Plan 1398, Glasgow Street, Kitchener, Ontario. The Committee was advised by the secretary that the applicant had phoned to advise that he wish to withdraw consideration of this application; however nothing has been received in writing. Mr. S. Morley, present on another application, advised that his client had sold this property to Mr. Janzen and requested that the Committee defer consideration of this application to its next meeting. The Committee generally agreed to defer consideration of this application to the meeting to be held on March 25, 1997, pending something in writing from the applicant. CONSENT UNFINISHED BUSINESS Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited, 2025 Sheppard Avenue East, Willowdale, Ontario Re: APPEARANCES: IN SUPPORT: Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario. CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. G. Scheels 5-745 Bridge Street Waterloo, Ontario NONE NONE Mr. G. Hroch 88 North Manor Cr. Kitchener, Ontario The Committee was advised that the applicant owns a large block of land at the corner of Resurrection Drive and University Avenue which is proposed to be divided into six residential lots. The lots will have the following dimensions. 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd COMMITTEE OF ADJUSTMENT 59 FEBRUARY 25, 1997 Submission No. B 72/96 Lot Width: Lot Depth: Lot Area: 12.2 m (40.03 ft.) 55.2 m (181.11 ft.) 1,212.1 m2 (13,047.37 sq. ft.) Submission No. B 73/96 Lot Width: Lot Depth: Lot Area: 10 m (32.81 ft.) 52.3 m (171.59 ft.) 538.3 m2 (5,794.41 sq. ft.) Submission No. B 74/96 Lot Width: Lot Depth: Lot Area: 10 m (32.81 ft.) 49.5 m (162.41 ft.) 509.3 m~ (5,482.24 sq. ft.) Submission No. B 75/96 Lot Width: Lot Depth: Lot Area: 10 m (32.81 ft.) 46.5 m (152.56 ft.) 480.4 m~ (5,171.16 sq. ft.) Submission No. B 76/96 Lot Width: Lot Depth: Lot Area: 10 m (32.81 ft.) 43.7 m (143.38 ft.) 451.5 m~ (4,860.07 sq. ft.) Retained Lands Lot Width: Lot Depth: Lot Area: 10 m (32.81 ft.) 40.4 m (132.55 ft.) 457.9 m~ (4,928.96 sq. ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that Consent Applications B 72/96 through to B 76/96 were previously deferred from the December 10, 1996 Committee of Adjustment meeting so that the Zone Change Application could be circulated and the responding comments reviewed. Circulation of the application has been completed and staff have had the opportunity to review the comments. The applicant has requested consent to sever a block of land, located at the southwest corner of Resurrection Drive and University Avenue, across from Resurrection High School, into six building lots with the intent to develop each lot with a single detached dwelling. The abutting lands to the west and south of the subject lands are developed with single detached dwellings which have an average lot width of 9.14 metres and similar lot areas to what is proposed. The subject lands are currently zoned Convenience Commercial (C-1) according to By-law 85-1 which does not permit single detached dwellings. However, the applicant has requested that the C-1 zone be changed to R-4 (Residential Four Zone) through Zone Change Application ZC96/39/R/PB. Staff have completed a report for Planning and Economic Development Committee which will be heard March 17, 1997, in which we are recommending approval of the Zone Change Application. The concept plan originally submitted has been revised to address concerns which arose through the circulation of the Zone Change Application related to driveway location. A revised concept plan is attached. Based on the revised concept plan the block will be severed into six lots with the following proposed lot widths and lot areas: COMMITTEE OF ADJUSTMENT 60 FEBRUARY 25, 1997 1. Submission No.'s B 72~96 - B 76~96 - Monarch Construction Limited - cont'd Lot Part 2: Part 3: Part 4: Part 5: Part 6: Lot Width 18.3 metres 11.3 metres 11.3 metres 9.14 metres 9.14 metres 9.14 metres Lot Area 1205.8 square metres 607.9 square metres 570.3 square metres 433.4 square metres 409.2 square metres 419.9 square metres The proposed lots comply to both the minimum lot area and minimum lot width requirement of the R-4 zone, are compatible in size with the surrounding lot sizes and comply with the City's Municipal Plan policies. Accordingly, the severances are appropriate and do not require a plan of subdivision. There are provisions for a sidewalk along Resurrection Drive which were included in the subdivision agreement which established the commercial block and the surrounding development. A sidewalk has already been installed on the south side of University Avenue. Services are available from Resurrection Drive. In view of the foregoing and since the proposal complies to the Municipal Plan the Department of Planning and Development has no objection to the proposed severance. That Applications B 72-76/96 be approved subject to the following conditions: That Zone Change Application ZC96/39/R/PB receive final approval prior to the endorsement of any deeds. That the owner enter into a standard residential subdivision 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 all the severed and retained lands; said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: (a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; c) That Parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion as shown on Schedule "A" attached. Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to Schedule "A" acceptable to the City's Director of Traffic and Parking, may be permitted without an amendment to this agreement. Such changes shall not be permitted without written approval from the said Director. This condition shall remain on title for the life of the development. 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 ramps, on the severed and retained 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 Traffic & Parking Division, dated December 5, 1996, in which they advised that they defer comments on this applications pending review of the related zone change application. COMMITTEE OF ADJUSTMENT 61 FEBRUARY 25, 1997 1. Submission No.'s B 72~96 - B 76~96 - Monarch Construction Limited - cont'd The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that, should these applications be approved, they be subject to the conditions that the applicant make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the lands to be conveyed before the conveyances are granted and that arrangements be made for the granting of any easements required by the Kitchener-Wilmot Hydro. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that the purpose of this applications is to create six residential lots from a vacant commercial block located at the intersection of Resurrection Drive and University Avenue. Regional Transportation staff have some concern with the proximity of the proposed residential access to the University Avenue intersection. Vehicles reversing out of the residences at this location may experience difficulty because of vehicles waiting on Resurrection Drive to turn onto University Avenue. To address this concern, they recommended that City staff consider an internal service road for the proposed lots with a single access to Resurrection Drive, located as far from the intersection as possible. Should the above-noted concern be resolved, the Region will require a detailed grading and drainage control plan as a condition of each of the severance applications. The grading and drainage control plan must show the drainage details for the subject properties, abutting properties and the road allowance to ensure compatible drainage. In addition, the owner will be required to install a 1.82 m high chainlink fence along the entire sideyard of Lot 1, adjacent to University Avenue. This fence must be located 0.15 m from the property line, on the Regional Road allowance, and be installed within one year of receiving a building permit for that lot. Based on existing and projected traffic volumes along University Avenue, Regional staff have completed a preliminary noise assessment for proposed Lot 1. This assessment indicates that predicted noise levels for this lot will exceed the Region's noise level objective by approximately 1-5 decibels. To address this concern the owner will need to include a noise warning clause in all agreements of purchase and sale and/or rental agreements for Lot 1. The requirements for fencing and a noise warning clause should be imposed as a condition of approval of Consent Application B 72/96 only. The reason will secure these specific requirements through a registerable agreement between the owner and the Region. Section 5.24 of zoning by-law 85-1 presently requires a minimum setback of 12 m for any residential building located on a Lot abutting an arterial road. This setback requirement is intended to provide a suitable buffer between arterial roads and residential dwellings, in an effort to minimize the potential impact of traffic noise. Based on a sketch attached to these applications, it is noted that an 11.2 m sideyard setback is proposed for a portion of Lot 1 (B 72/96). While Regional staff have no objection to an 11.2 m sideyard setback, it is noted that the reduced setback may require an Application for Minor Variance. The Committee noted the written submission of Mr. G. Hroch, 88 North Manor Crescent, Kitchener, in opposition to these applications. Concerning the written submission of Mr. Hroch, Mr. Scheels responded that the proposed lots will be of a similar size and the homes will be of a similar size to that owned by Mr. Hroch. When questioned by the Committee, Mr. J. Willmer, Intermediate Planner, advised that the public meeting for the zone change will be held on March 17, 1997. In response to the Region's comments about the service road, Mr. J. Willmer advised that the applicant met with the Regional and City staff and it has been determined that the service road is not required. 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd Submission No. B 72/96 COMMITTEE OF ADJUSTMENT 62 FEBRUARY 25, 1997 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Monarch Construction Limited requesting permission to convey a parcel of land having a width of 18.3 m (60.04 ft.) by a depth of 55.3 m (181.43 ft.) and having an area of 1,205.8 m2 (12,979.55 sq. ft.) on Part Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Zone Change Application ZC 96/39/R/PB. That the owner shall enter into a standard residential subdivision 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 all the severed and retained lands; the said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; c) That parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion, as shown on Schedule "A". Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to Schedule "A" acceptable to the City's Director of Traffic & Parking may be permitted without an amendment to the agreement. Such changes shall not be permitted without written approval from the said Director. The condition shall remain on title for the life of the development. That the owner shall make satisfactory arrangements with the Citys' General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps on the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the provision of permanent electrical services to the severed and retained lands. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the granting of any easements required by them. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Municipality of Waterloo. That the owner shall enter into an agreement with the Regional Municipality of Waterloo, to be registered on title, for the installation of a 1.82 m (6 ft.) high chainlink fence along the entire sideyard adjacent to University Avenue and for the inclusion of a noise warning clause in all agreements of purchase and sale and/or rental agreements. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd Submission No. B 72~96 - cont'd Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 63 FEBRUARY 25, 1997 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 73/96 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Monarch Construction Limited requesting permission to convey a parcel of land having a width of 11.3 m (37.08 ft.) by a depth of 52 m (170.61 ft.) and having an area of 607.9 m2 (6,543.6 sq. ft.)on Part Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Zone Change Application ZC 96/39/R/PB. That the owner shall enter into a standard residential subdivision 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 all the severed and retained lands; the said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; c) That parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion, as shown on Schedule "A". Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to Schedule "A" acceptable to the City's Director of Traffic & Parking may be permitted without an amendment to the agreement. Such changes shall not be permitted without written approval from the said Director. The condition shall remain on title for the life of the development. That the owner shall make satisfactory arrangements with the Citys General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps on the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd Submission No. B 73/96 - cont'd That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the provision of permanent electrical services to the severed and retained lands. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the granting of any easements required by them. 7. That the owner shall obtain approval of a detailed grading and drainage control plan from the COMMITTEE OF ADJUSTMENT 64 FEBRUARY 25, 1997 Regional Municipality of Waterloo. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 74/96 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Monarch Construction Limited requesting permission to convey a parcel of land having a width of 11.3 m (37.08 ft.) by a depth of 48.7 m (159.78 ft.) and having an area of 570.3 m2 (6,138.86 sq. ft.) on Part Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Zone Change Application ZC 96/39/R/PB. That the owner shall enter into a standard residential subdivision 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 all the severed and retained lands; the said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; c) That parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion, as shown on Schedule "A". Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd Submission No. B 74/96 - cont'd Schedule "A" acceptable to the City's Director of Traffic & Parking may be permitted without an amendment to the agreement. Such changes shall not be permitted without written approval from the said Director. The condition shall remain on title for the life of the development. That the owner shall make satisfactory arrangements with the Citys General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps on the severed and retained lands. COMMITTEE OF ADJUSTMENT 65 FEBRUARY 25, 1997 That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the provision of permanent electrical services to the severed and retained lands. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the granting of any easements required by them. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Municipality of Waterloo. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 75/96 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Monarch Construction Limited requesting permission to convey a parcel of land having a width of 9.14 m (30 ft.) by a depth of 46.1 m (151.25 ft.) and having an area of 433.4 m2 (4,655.24 sq. ft.) on Part Block 115, Registered Plan 171 Resurrection Drive and University Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Zone Change Application ZC 96/39/R/PB. That the owner shall enter into a standard residential subdivision 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 all the severed and retained lands; the said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: 1. Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited - cont'd Submission No. B 75~96 - cont'd a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; c) That parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion, as shown on Schedule "A". Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to Schedule "A" acceptable to the City's Director of Traffic & Parking may be permitted without an amendment to the agreement. Such changes shall not be permitted without written COMMITTEE OF ADJUSTMENT 66 FEBRUARY 25, 1997 approval from the said Director. The condition shall remain on title for the life of the development. That the owner shall make satisfactory arrangements with the Citys General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps on the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the provision of permanent electrical services to the severed and retained lands. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the granting of any easements required by them. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Municipality of Waterloo. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 76/96 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Monarch Construction Limited requesting permission to convey a parcel of land having a width of 9.14 m (30 ft.) by a depth of 43.4 m (142.39 ft.) and having an area of 409 m2 (4,404.74 sq. ft.) on Part Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. Submission No.'s B 72~96 - B 76~96 - Monarch Construction Limited - cont'd Submission No. B 76~96 - cont'd 1. That the owner shall receive final approval of Zone Change Application ZC 96/39/R/PB. That the owner shall enter into a standard residential subdivision 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 all the severed and retained lands; the said agreement shall include arrangements for performance securities and municipal engineering services and shall also include the following special conditions which shall generally state as follows: a) That prior to any grading or construction on any part of the 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; b) That access to the corner lot, Part 1, be restricted to University Avenue; COMMITTEE OF ADJUSTMENT 67 FEBRUARY 25, 1997 c) That parts 2 and 3 provide a turn around in the front yard so that vehicles may exit in a forward motion, as shown on Schedule "A". Such turn around is to be maintained in a snow free condition and void of any obstructions 12 months of the year. Minor changes to Schedule "A" acceptable to the City's Director of Traffic & Parking may be permitted without an amendment to the agreement. Such changes shall not be permitted without written approval from the said Director. The condition shall remain on title for the life of the development. That the owner shall make satisfactory arrangements with the Citys General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps on the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the provision of permanent electrical services to the severed and retained lands. That the owner shall make arrangements satisfactory to the Kitchener-Wilmot Hydro for the granting of any easements required by them. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Municipality of Waterloo. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 1/97 - B 2/97 - Maple Manor Ltd., R.R. #3, Waterloo, Ontario Re: Parts of Lot 9, Beasley's Broken Front Concession, Edgehill Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Green 5-745 Bridge Street West Waterloo, Ontario CONTRA: NONE OTHER: Mr. D. Gloin 258 Edgehill Drive Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE COMMITTEE OF ADJUSTMENT 68 FEBRUARY 25, 1997 CONTRA: NONE OTHER: Mr. J. Richard 194 Weber Street East Kitchener, Ontario Mr. & Mrs. D. Gloin 258 Edgehill Drive Kitchener, Ontario Ms. J. Finlay 248 Edgehill Drive Kitchener, Ontario The Committee was advised that the applicant is requesting permission to sever two parcels of land for residential development. Both parcels will have the same dimensions: lot width 35 m (114.83 ft.), lot depth 60 m (196.85 ft.) and lot area 2050 m2 (22,066.74 sq. ft.). The applicant has not applied for any other Planning Act approvals at this time. The Committee noted the comments of the Department of Planning & Development in which they advised that the applications seek approval to sever two lots on the south side of Edgehill Drive near Baxter Place, to complete the residential development which was created by previous severances. The last existing lot was created through application B-109/86. Each of the two lots proposed to be created would have a lot width of 35 metres and a lot area of 2,050 square metres (22,066 square feet). In 1995, the owner received Committee of Adjustment approval for the creation of a lot having a width of 41 metres (134 feet) and a lot area of 2460 square metres (26,480 square feet). This consent was never endorsed, in anticipation of the rezoning of the property from Township Residential to Residential Two Zone (R-2) with a special regulation, which would allow the approval of lots having a width of 30 metres (100 feet) rather than the minimum width of 40 metres (132 feet) required by the Township Residential zoning. The applications were deferred from the Committee's meeting of January 14 pending the Ontario Municipal Board ruling on the mitigation of noise from the Pioneer Sportsmen Club, which affects the subject property. On the basis of the Board's decision relative to plans of subdivision in the area, these applications are able to be supported subject to conditions related to noise. These applications were discussed with the owner prior to the City's preparation of the comprehensive rezoning of the Pioneer Tower West community, so as to accommodate the future severances. On December 2, 1996, By-law 96-176 was passed, which rezoned the lands to be severed in each application to R-2 with special regulation 233, increasing the lot area requirement to 2023 square metres and the lot width requirement to 30 metres; front and sideyards abutting a street are also increased. The retained lands were rezoned P-2 (Open Space Zone), which includes the remaining lands having a frontage along Edgehill Drive of 32.8 metres, extending to the floodline. The lands below the floodline 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd are rezoned Hazard Land Zone (P-3) by By-law 96-176. In accordance with the City's Municipal Plan policies, land below the Regulatory Floodline will be dedicated to the City. The Ontario Municipal Board delivered an oral decision approving the Zoning By-law with modifications which do not affect this property, although a written decision has not yet been received. Similar considerations apply to these applications as those which were considered under application B- 78/95. The Municipal Plan contains a policy which requires the submission of a slope stability study for the subject lands. A Slope Stability Assessment was prepared by England Naylor Engineering Ltd. dated March 1995 which was reviewed by the Grand River Conservation Authority and the City of Kitchener Engineering Department and the Chief Building Official. Its purpose was to establish the subsurface soil and groundwater conditions within the slope and to carry out a slope stability analysis in order to address the feasibility of septic system designs on the new lots. The study concluded that the slope is stable, located well above the floodline and therefore not subject to erosion, and it exceeds the GRCA slope stability factor for safety. Since only one cross section is taken through the subject property the City will require written documentation that the conclusions of the slope stability study are equally applicable to the severed lands. The Chief Building Official advises that a recognized geotechnical engineer will be required to be retained to inspect the founding soils at the time of excavation prior to concrete being poured, to confirm the adequacy of those soils for the intended loads, to be submitted to the Chief Building Official upon COMMITTEE OF ADJUSTMENT 69 FEBRUARY 25, 1997 inspection. The soils engineer is to consult with and verify the structural engineer's design information for the foundation to ensure that all issues have been addressed by the engineer in the design of the foundation. This is to be confirmed in writing upon review of the design drawings at application for building permit. The grading and drainage control plan must be coordinated with the design requirements of the structural engineer and soils engineers reports and approved prior to permit issuance. According to a noise study prepared for the Ontario Municipal Board hearing on Pioneer Tower matters, the severed lands are located within an area having an unacceptable noise level relative to the MOEE guidelines, generated from the Pioneer Sportsmen Club. This issue was dealt with at the Board relative to four nearby plans of subdivision, resulting in an agreement that the Sportsmen Club cease certain noise generating activities on the site and undertake a number of noise mitigating measures on site, which would reduce the noise levels on the proposed residential lots to an acceptable level. The Ontario Municipal Board endorsed the mitigation approach and the resulting noise level of 60 dBAI. The mitigation measures identified through such process should have the effect of reducing the noise levels on the severed lands and as such, a condition is added to ensure that the noise level is acceptable prior to the endorsement of deeds. The subdivider of these lands is also a party to the noise agreement by virtue of their ownership of one of four affected plans of subdivision. Further, a noise warning clause is recommended in the Offers of Purchase and Sale Agreements, consistent with the Ontario Municipal Board approvals of the plans of subdivision. The severances will complete the residential development along this section of Edgehill Drive and along with the proposed zoning, determine the extent of residential lots and remaining frontage open space lands along the street, and will not prejudice the access to or future use of the open space lands. Provided the technical matters relative to the slope stability and construction requirements are satisfied, and subject to satisfactory confirmation that the noise on the severed lands does not exceed the acceptable level as determined by the Ontario Municipal Board, it is the opinion of staff that the severances will allow the development of lots which are appropriate, comply with the zoning by-law and are in character with the surrounding area. Approval of each severance is recommended subject to the conditions outlined below. 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd That the Ontario Municipal Board order giving final approval of By-law 97-176 be received by the City of Kitchener. That the owner provide documentation to the satisfaction of the City's Chief Building Official that the conclusions of the Slope Stability Study prepared by England Naylor Engineering Limited applies to each of the severed parcels, and is therefore acceptable for building. That the owner provide a certificate from an accredited acoustical engineer, in a form satisfactory to the Regional Municipality of Waterloo, based on the most recent acoustical test carried out under the agreement between the Pioneer Sportsmen Club and Maple Manor Limited, confirming that the noise impacts from the discharge of firearms used on the Pioneer Sportsmen Club lands, do not exceed 60 dbai anywhere on the lands proposed to be severed. That the owner enter into an agreement with the City of Kitchener to include the following clause in all Offers to Purchase and Sale agreements respecting the subject lands.: "Prospective purchasers are advised that the noise emanating from the Pioneer Sportsmen Club, a gun club, which is in proximity to this property, may periodically interfere with the enjoyment of outdoor activity for certain individuals." That the owner make satisfactory arrangements with the City of Kitchener for the dedication of land to satisfy the parkland dedication requirement. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of boulevard landscaping, paved driveway ramps and driveway culverts on the severed lands. COMMITTEE OF ADJUSTMENT 70 FEBRUARY 25, 1997 That the owner shall make arrangements satisfactory to the City's Department of Finance, for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, that portion of the land located below the regulatory floodline. The Committee noted the comments of Mrs. E. Caston, Senior Resource Planner, Grand River Conservation Authority in which they advised that they would like to have two conditions imposed in the granting of these applications: That confirmation be received at the conclusions of the slope stability assessment prepared by England Naylor Engineering Limited dated March 19, 1995 applies to both severed parcels and that the applicants submit site plans for the proposed severed parcels showing the location of the proposed building envelope and tile bed envelope as well as preliminary grading for the parcel and development extending within the Grand River Scheduled Area will require a Fill, Construction and Alteration to Waterways Permit from the Grand River Conservation Authority. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that at the Committee meeting of January 24, consideration of these of applications was deferred in anticipation of the Ontario Municipal Boards ruling concerning the impact of noise from the Pioneer Sportsmen Club on the proposed plans of subdivision in the Pioneer Tower West community. They advised that, based on the Ontario Municipal Board's oral decision of February 4, 1997, Regional staff have no objection to the proposed Applications for Consent, subject to certain conditions. The Committee noted the written submission of Mr. & Mrs. D. Gloin and Ms. J. Finlay in which they advised that they understood that a previous submission, B 78/95, as been abandoned and that this application is in lieu thereof. They asked that the same eight conditions which were imposed in the previous approval be again imposed on these applications. 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd The Committee considered the written submission of Mr. J. Richard, dated January 10, 1997, on behalf of the Pioneer Sportsmen Club, advising of his client's concern that any future purchasers of these newly created lots maybe unaware of the activities of the Pioneer Sportsmen Club. It was his client's position that a noise warning clause should be part of a permanent notice which is registered against the newly created lots and he asked that the Committee impose such a condition. Mr. Green addressed the Committee advising that he has reviewed the staff recommended conditions and is in agreement with all of them. He explained the previous concerns with respect to noise which has now been dealt with by the Ontario Municipal Board and agreements are required between developers in this area and the Pioneer Sportsmen Club. This is important because they have the ability to implement noise and mitigation measures at a time that is suitable to them. Mr. Gloin addressed the Committee advising that he resists these applications; however, is concerned that the conditions imposed in the previous application be again imposed on these applications. Mr. Green responded to Mr. Gloin's concern advising that all the conditions of B 78/95 are being recommended by staff along with additional measures to deal with noise. Mr. Gloin advised that this satisfies his concerns. Submission No. B 1/97 That the application of Maple Manor Limited requesting permission to sever a parcel of land with a width of 35 m (114.83 ft.) by a depth of 60 m (196.85 ft.) and having an area of 2,050 m2 (22,066.74 sq. ft.) on Part of Lot 9, Beasley's Broken Front Concession, Edgehill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the City of Kitchener shall receive the final order, from the Ontario Municipal Board, giving final approval to By-law 97-176. That the owner shall provide documentation to the satisfaction of the City's Chief Building Official that the conclusions of the slope stability study prepared by England Naylor Engineering Limited COMMITTEE OF ADJUSTMENT 71 FEBRUARY 25, 1997 applies to each of the severed parcels and is therefore acceptable for building. That the owner shall provide a certificate from an accredited acoustical engineer, in a form satisfactory to the Regional Municipality of Waterloo, based on the most recent acoustical test carried out under the agreement between the Pioneer Sportsmen Club and Maple Manor Limited, advising that the noise impact from the discharge of firearms used on the Pioneer Sportsmen Club lands do not exceed 60 dBAI anywhere on the lands proposed to be severed. That the owner shall enter into an agreement with the City of Kitchener to include the following clause in all Offers of Purchase and Sale Agreements respecting the subject lands: "Perspective purchasers are advised that the noise emanating from the Pioneer Sportsmen Club, a gun club, which is in proximity to this property, may periodically interfere with the enjoyment of outdoor activity for certain individuals. That the owner shall make satisfactory arrangements with the City of Kitchener for the dedication of land to satisfy the park land dedication requirement. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, on boulevard landscaping, paved driveway ramps and driveway culverts on the severed lands. That the owner shall make arrangements satisfactory to the City's Department of Finance, for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd Submission No. B 1/97 - cont'd That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, that portion of the land located below the regulatory floodline. That the owner shall provide the Grand River Conservation Authority with confirmation with the conclusions of the slope stability assessment prepared by England Naylor Engineering Limited and dated March 19, 1995 applies to both severed parcels. 10. That the applicant shall submit site plans, to the Grand River Conservation Authority, for the proposed severed parcels, showing the location of the proposed building envelope and tile bed envelope as well as preliminary grading for the parcels; with any development extending within the Grand River Scheduled Area requiring a Fill, Construction and Alteration to Waterways permit from the Grand River Conservation Authority. 11. That in compliance with Policy 12.7 (Xlll) (Part 3) of the Kitchener Municipal Plan, as approved on January 27, 1997 as part of Municipal Plan Amendment No. 7, the subject Application for Consent shall not receive final approval until an engineering study of the entire slope located along the rear of the proposed lot is completed to the satisfaction of the City of Kitchener Department of Public Works and the Grand River Conservation Authority to determine the acceptability of the lot for development. 12. That the applicant shall submit for the review and approval of the Regional Municipality of Waterloo, a geotechnical investigation completed by a professional engineer indicating the suitability of the site for private, in-ground sewage disposal systems; with the geotechnical investigations including an engineered sites specific plan for each proposed lot and containing the following: a) Scaled drawings of the building envelope with driveway and auxiliary facilities; b) Locations of water supply; c) Detailed drawings of each sewage system specifically designed for each lot, with manholes required and cross-sectional drawings if lot elevating is supposed; d) Grading and drainage plan. COMMITTEE OF ADJUSTMENT 72 FEBRUARY 25, 1997 Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd Submission No. B 2/97 That the application of Maple Manor Limited requesting permission to sever a parcel of land with a width of 35 m (114.83 ft.) by a depth of 60 m (196.85 ft.) and having an area of 2,050 m2 (22,066.74 sq. ft.) on Part of Lot 9, Beasley's Broken Front Concession, Edgehill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the City of Kitchener shall receive the final order, from the Ontario Municipal Board, giving final approval to By-law 97-176. That the owner shall provide documentation to the satisfaction of the City's Chief Building Official that the conclusions of the slope stability study prepared by England Naylor Engineering Limited applies to each of the severed parcels and is therefore acceptable for building. That the owner shall provide a certificate from an accredited acoustical engineer, in a form satisfactory to the Regional Municipality of Waterloo, based on the most recent acoustical test carried out under the agreement between the Pioneer Sportsmen Club and Maple Manor Limited, advising that the noise impact from the discharge of firearms used on the Pioneer Sportsmen Club lands do not exceed 60 dBAI anywhere on the lands proposed to be severed. That the owner shall enter into an agreement with the City of Kitchener to include the following clause in all Offers of Purchase and Sale Agreements respecting the subject lands: "Perspective purchasers are advised that the noise emanating from the Pioneer Sportsmen Club, a gun club, which is in proximity to this property, may periodically interfere with the enjoyment of outdoor activity for certain individuals. That the owner shall make satisfactory arrangements with the City of Kitchener for the dedication of land to satisfy the park land dedication requirement. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, on boulevard landscaping, paved driveway ramps and driveway culverts on the severed lands. That the owner shall make arrangements satisfactory to the City's Department of Finance, for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 73 FEBRUARY 25, 1997 That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, that portion of the land located below the regulatory floodline. That the owner shall provide the Grand River Conservation Authority with confirmation with the conclusions of the slope stability assessment prepared by England Naylor Engineering Limited and dated March 19, 1995 applies to both severed parcels. 10. That the applicant shall submit site plans, to the Grand River Conservation Authority, for the proposed severed parcels, showing the location of the proposed building envelope and tile bed envelope as well as preliminary grading for the parcels; with any development extending within the Grand River Scheduled Area requiring a Fill, Construction and Alteration to Waterways permit from the Grand River Conservation Authority. 11. That in compliance with Policy 12.7 (Xlll) (Part 3) of the Kitchener Municipal Plan, as approved on January 27, 1997 as Part of Municipal Plan amendment No. 7, the subject Application for Consent shall not receive final approval until an engineering study of the entire slope located along the rear of the proposed lot is completed to the satisfaction of the City of Kitchener Department of Public Works and the Grand River Conservation Authority to determine the acceptability of the lot for development. 2. Submission No.'s B 1/97 - B 2/97 - Maple Manor Ltd. - cont'd Submission No. B 2/97 - cont'd 12. That the applicant shall submit for the review and approval of the Regional Municipality of Waterloo, a geotechnical investigation completed by a professional engineer indicating the suitability of the site for private, in-ground sewage disposal systems; with the geotechnical investigations including an engineered sites specific plan for each proposed lot and containing the following: a) Scaled drawings of the building envelope with driveway and auxiliary facilities; b) Locations of water supply; c) Detailed drawings of each sewage system specifically designed for each lot, with manholes required and cross-sectional drawings if lot elevating is supposed; d) Grading and drainage plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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. B 9/97 - CAA Mid-Western Ontario, 148 Manitou Drive, Kitchener, Ontario Re: Part Lot 11, Registered Plan 791 being Part 2, reference Plan 58R-866, 836 Courtland Avenue East, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 74 FEBRUARY 25, 1997 IN SUPPORT: Mr. S. Grant 235 King Street East Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE Mr. Grant addressed the Committee requesting permission to have consideration of this application deferred to the Committee's meeting of March 25, 1997 and the Committee agreed to this request. APPLICATIONS 1. Submission No. B 10/97 -Antonio Miguel and Marlene Miguel, 28 Gregg Court, Kitchener, Ontario. Re: Part 2, Reference Plan 58R-10430, 30 Gregg Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. S. Morley 50 Queen Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant are requesting permission to sever a parcel of land having a frontage along the curve of Gregg Court and an area of 624 m2 (6,716.9 sq. ft.). The use of the property is a single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever two existing single detached dwellings located on Gregg Court. The subject lands were part of a Iotless block in Plan of Subdivision 1806 and were further subdivided through consent application B 16/95 into two lots. The two lots that were created through B 16/95 were the only two lots on the street proposed for semi-detached dwelling. The owner decided to build two single detached dwellings rather than one semi-detached dwelling. Staff subsequently received two permit applications for the subject lands for two single detached dwellings which were accompanied by registered reference plans and grading plans. Unfortunately, the lands contained within the reference plan were not within a Part Lot Control By-law and therefore were not able to be conveyed separately. As a result, two single detached dwellings were developed on one lot in contravention of the By-law. Accordingly, severance is required to split them up. Both the severed and retained lands will comply to the Municipal Plan and all Zoning By-law requirements. The dwellings are both constructed and serviced and as a result there are no special subdivision conditions required. The surrounding lot sizes are similar in size to those proposed through this consent and all of the permits issued to date on Gregg Court have been for single detached dwellings. In this regard, the dwellings fit into the character of the street. COMMITTEE OF ADJUSTMENT 75 FEBRUARY 25, 1997 The Department of Planning and Development have no objections to the separation of the two dwellings since they comply to the Zoning By-law and since the lot sizes and dwelling type are similar in nature to those found on Gregg Court. The Department of Planning and Development recommends approval of Consent Application B 10/97 subject to the following condition: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. Mr. Morley questioned the condition requested by the Department of Planning & Development as to whether that implied that the taxes are not paid up and staff advised that this is a standard condition requested by the department and is no indication as to whether taxes are in arrears or not. 1. Submission No. B 10/97 - Antonio Miquel and Marlene Miquel - cont'd Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Antonio & Marlene Miguel requesting permission to sever a parcel of land having a frontage along the curve of Gregg Court and an area of 624 m2 (6,716.9 sq. ft.) on Part 2, Reference Plan 58R-10430, 30 Gregg Court, Kitchener, Ontario BE GRANTED subject to the following condition: That the applicant 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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 2. Submission No. B 11/97 - Glenn Heinze, 1-170 Kraft Avenue, Kitchener, Ontario Re: Part Lots 30 & 33, Registered Plan 1074, 170 Kraft Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Heinze 1-170 Kraft Avenue Kitchener, Ontario CONTRA: NONE COMMITTEE OF ADJUSTMENT 76 FEBRUARY 25, 1997 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 12.2 m (40 ft.) by a depth of 30.5 m (100 ft.) and having an area of 371.6 m2 (4,000 sq. ft.). The proposed use of the property is a single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located at the corner of Kraft Avenue and Harold Avenue and are presently developed with a four unit multiple dwelling. The lands are designated Low Rise Residential within the Kitchener Municipal Plan and are zoned Residential Four Zone (R-4) according to Zoning By-law 85-1. The existing four unit multiple dwelling is legal non-conforming The applicant proposes to sever one residential lot fronting on Harold Avenue to be used for a single detached dwelling. The proposed lot to be severed would have a width of 12.2 metres and a lot area of approximately 372 square metres. Both the lot area and lot width are in conformity with the R-4 Zone. 2. Submission No. B 11/97 - Glenn Heinze - cont'd Since the R-4 Zone does not permit multiple dwellings, there are no zoning regulations which would apply to the lot to be retained. However, a review of the site and building dimensions indicates that the retained lands would conform to all regulations if the property were zoned with an appropriate Iow rise zoning category which permits the existing multiple dwelling. The proposed lot configuration is slightly irregular, with a portion of the retained lands to be located to the rear of the lands to be severed. This lot configuration is proposed in order to maintain additional landscaped amenity area for the lands to be retained and to establish a rear lot line which creates a lot depth equal to other properties fronting the west side of Harold Avenue. The Department of Planning and Development recommends that Consent Application B 11/97 be approved subject to the following conditions: 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 to be guaranteed through 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. 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. That any outstanding Municipal property taxes and/or local improvements be paid to the City of Kitchener. That the owner pay to the City of Kitchener a cash-in lieu contribution for park dedication equal to five percent of the value of the lands to be severed. 5. That the lands to be retained maintain a minimum right side yard of 2.5 metres. 6. That the owner receive site plan approval for the lands to be retained. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a structure can not be built within an existing easement. When questioned by the Committee, Mr. Heinze advised that the Bell Telephone easement is across the back of the lands. Mr. W. Dahms questioned condition no. 6 for site plan approval on the retained lands and Mr. Willmer advised that there is no site plan on record for this property so staff are not aware if there may be any deficiency in parking and other requirements of the zoning by-law. COMMITTEE OF ADJUSTMENT 77 FEBRUARY 25, 1997 Moved by Mr.W. Dahms Seconded by Mr.S. Kay That the application of Glenn Heinze requesting permission to convey a parcel of land having a width of 12.2 m (40 ft.) by a depth of 30.5 m (100 ft.) and having an area of 371.6 m2 (4,000 sq. ft.) on Part Lots 30 & 33, Registered Plan 1074, 170 Kraft Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall install, at his cost and to City standards, boulevard landscaping including street trees and a paved driveway ramp on the severed lands; with the said works to be guaranteed through 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. 2. Submission No. B 11/97 - Glenn Heinze - cont'd That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of all new service connections to the severed lands. That the owner shall make satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. 5. That the building on the lands to be retained shall maintain a minimum right sideyard of 2.5 m. That the owner shall receive site plan approval for the lands to be retained from the City of Kitchener Department of Planning & Development. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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. B 12/97 - Lorne Brubacher and Vivyan Brubacher, 234 Old Chicopee Drive, Kitchener, Ontario Re: Part 1, Reference Plan 58R-10542, 234 Old Chicopee Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Code 50 Burnt Ember Kitchener, Ontario Mr. L. Brubacher 234 Old Chicopee Drive COMMITTEE OF ADJUSTMENT 78 FEBRUARY 25, 1997 Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Old Chicopee Drive of 30.325 m (99.5 ft.) and an area of 1529.8 m2 (16,467.17 sq. ft.). The use of the property will be a single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has applied to sever the lot in order to create one new building lot fronting Old Chicopee Drive. There is a single 3. Submission No. B 12/97 - Lorne Brubacher and Vivyan Brubacher - cont'd detached dwelling on the retained lands. The applicant has requested that the application be revised to include the granting of a 5.0 m wide drainage easement across the land to be severed, in favour of the land to be retained. During the reconstruction of Old Chicopee Drive as part of the Old Chicopee Estates Subdivision (R.P. 1823) five sets of service connections were installed in anticipation of severance of the Brubacher property. It is expected that additional consents will be requested in the future. The existing dwelling is serviced by a septic system and well. Connection to the sanitary sewer system is required in accordance with S. 660.2.3 of Kitchener's Municipal Code. The Grand River South Area 1 Community Plan requires a minimum lot area of 929 square metres (10,000 square feet) for lots which back onto the Idlewood Creek open space system. The lot to be severed would have an area of 1529.8 square metres. Both the lot to be retained and the lot to be severed comply with all zoning regulations, provided the existing metal clad shed is removed from the lands to be severed. The proposal provides for the proper and orderly development of the lands. The Department of Planning and Development recommends approval of Application B 12/97, as revised to include the granting of a 5.0 m wide drainage easement, subject to the following conditions: That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the dwelling on the retained lands be disconnected from its private sewage disposal system and connected to the municipal sanitary sewer and water supply system, to the satisfaction of the City's Chief Building Official. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation to City standards, of a paved driveway ramp for the severed lands. 4. That the existing metal clad shed be removed from 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. The Committee noted the comments of Mrs. E. Caston, Senior Resource Planner, Grand River Conservation Authority, in which she advised that the Authority has no objection to the creation of the proposed residential lot subject to the condition that a detailed site plan for the proposed severed parcel be submitted to the satisfaction of the Grand River Conservation Authority, showing the proposed grades and limits of grading on the severed parcel, the proposed building envelope and the sediment and erosion control measures that are to be employed during the construction phase. The approved site plans should be filed with the building inspector to ensure compliance with any future building permit COMMITTEE OF ADJUSTMENT 79 FEBRUARY 25, 1997 applications on the severed parcel. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this applications. At the request of Mr. Code, the Committee agreed to consider an amendment to this application as outlined in the comments of the Department of Planning & Development and the fax received from Mr. Code. 3. Submission No. B 12/97 - Lorne Brubacher and Vivyan Brubacher - cont'd Moved by Mr. W. Dahms Seconded by Mr. D. McKnight That the application of Lorne & Vivyan Brubacher requesting permission to convey a parcel of land having a width of 30.325 m (99.5 ft.) and an area of 1,529.8 m (16,467.17 sq. ft.) subject to a 5 m (16.41 ft.) wide drainage easement on Parts 1, 2, 3 & 4, Reference Plan 58R-10542, 234 Old Chicopee Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the drainage easement shall be registered on title and a copy of the registered easement document shall be provided to the Secretary-Treasurer. That the owner shall submit a detailed site plan for the proposed severed parcel to the satisfaction of the Grand River Conservation Authority, showing the proposed grades and limits of grading on the severed parcel, the proposed building envelope and the sediment and erosion control measures that are to be employed during the construction phase; with the approved site plan being filed with the building inspector to ensure compliance with any future building permit applications on the severed lands. 3 That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall disconnect the dwelling on the retained lands from its private sewage disposal system and connect it to the Municipal Sanitary Sewer & Water Supply System, to the satisfaction of the City's Chief Building official. That the owner shall make satisfactory financial arrangements with the Citys' General Manager of Public Works for the installation, to City standards, of a paved driveway ramp for the severed lands. 6. That the owner shall remove the existing metal clad shed from the severed lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 80 FEBRUARY 25, 1997 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 13/97 & B 14/97 - John & Margaret Schuller, 45 Manitou Drive, Kitchener, Ontario - and - John Schuller Enterprizes Ltd., 45 Manitou Drive, Kitchener, Ontario Re: Lots 8 & 9, Registrar's Compiled Plan 1490, 37 and 35 - 45 Manitou Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Schueller 45 Manitou Drive Kitchener, Ontario Mr. R. Waters 21 Arthur Street South Elmira, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that in Submission No. B 13/97, the applicants are requesting permission to sever a parcel of land, having an area of 0.26 acres, to be added, as a lot addition, to the property municipally known as 35-45 Manitou Drive. The Committee was also advised that in Submission No. B 14/97, the applicant is requesting permission to sever the land municipally known as 35 Manitou Drive from the land municipally known as 45 Manitou Drive. The land to be severed, 35 Manitou Drive, will be subject to a 40 ft. wide right-of-way along its southerly Iotline. The Committee noted the comments of the Department of Planning & Development in which they advised that, with respect to Submission No. B 13/97, the subject property is a rectangular shaped parcel with no frontage on a public road. The property presently has access to Manitou Drive via a 12.2 metre (40 foot) registered right-of-way over abutting lands to the north and east. The lands are zoned Heavy Industrial Zone (M-4) according to Zoning By-law 85-1 and are presently developed with a legal nonconforming single detached dwelling. The applicant requests consent to sever a parcel from the existing property in order that it may be conveyed as a lot addition to the lands abutting immediately to the east and which are subject to accompanying Consent Application B 14/97. The lands to be retained would continue to be accessed via the existing registered 12.2 metre right-of-way over the abutting lands to the north and the east. There is a significant grade separation between the lands to be retained and the lands to be severed, which occurs in the location of the proposed new property line. This grade separation is such that the proposed severed lands are physically more suited to becoming part of the abutting property to the east COMMITTEE OF ADJUSTMENT 81 FEBRUARY 25, 1997 (45 Manitou Drive). The proposed severed portion is also gravel covered and presently functions as part of the 45 Manitou Drive property. As the existing single detached dwelling is legal nonconforming and has no frontage on a public road, there are no specific regulations applicable with respect to required yards or lot width. Further, since the lands have no frontage on a public road, they would have to be merged with other lands having frontage on a public road before redevelopment for a permitted M-4 use would be permitted. For all of the above reasons, staff are of the opinion that approval of the requested severance will not serve to substantially perpetuate the existing nonconforming use. Accordingly, the Planning and Development Department recommends approval of Consent Application B 13/97. 4. Submission No. B 13/97 & B 14/97 - John & Marqaret Schuller - cont'd - and - John Schuller Enterprizes Ltd. - cont'd The Department of Planning and Development recommends that Consent Application A 13/97 be approved subject to the following conditions: That any outstanding Municipal property taxes and/or local improvements be paid to the City of Kitchener. That Consent Application B 14/97 receive approval and the deeds for both the retained and severed parcels be finally endorsed. That the lands to be severed be added to the abutting lands located immediately to the east, which property is proposed to be created by Consent Application B 14/97, and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1990. 4. That legal access to the retained lands be registered. The Department of Planning & Development also advised that, in B 14/97, the subject property is a large irregular shaped parcel having frontage on Manitou Drive. The property is presently developed with two industrial buildings and a 12.2 metre (40 foot) right-of-way has been registered on title to provide access to lands to the west. The lands are zoned Heavy Industrial Zone (M-4) according to Zoning By-law 85-1 with Special Regulation Provision 1R which requires a Fill, Construction and Alteration to Waterways Permit to be issued by the grand River Conservation Authority prior to the issuance of a building permit. The applicant requests consent to sever the property into two parcels with the proposed new property line to coincide with the southerly limit of the existing registered right-of-way. The existing right-of-way would be located on the proposed lands to be severed. The proposed severance is in conformity with the Municipal Plan and both the lands to be severed and the lands to be retained would conform to all applicable regulations of the Zoning By-law. Accordingly, the Planning and Development Department recommends approval of Consent Application B 13/97. The Department of Planning and Development recommends that Consent Application A 14/97 be approved subject to the following conditions: That any outstanding Municipal property taxes and/or local improvements be paid to the City of Kitchener. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they requested that the approval of these applications be subject to the conditions that arrangements be made for the provision of electrical servicing and any easements be provided to the Commission, as they may require. The Committee noted the comments of the Department of Planning & Culture for the Regional Municipality of Waterloo in which they advised that, at this location, Manitou Drive has an existing road allowance width of approximately 77 ft. and a designated width of 100 ft. The Region will therefore require a road widening along the frontage of both the retained and severed parts of Application B 14/97. COMMITTEE OF ADJUSTMENT 82 FEBRUARY 25, 1997 The road widening is required for future road improvements and utility requirements. They noted that a reference plan has recently been completed that illustrates the alignment of the proposed extension of Bleams Road East to Wilson Avenue. The exact size of the road widening noted above must be determined from this reference plan by an Ontario Land Surveyor. They estimated that the required road widening will measure between 3 and 6 ft. With respect to site access and traffic circulation it was noted that the retained part of B 14/97 currently access Manitou Drive across the entire frontage of the property. Should this parcel be subject to a future redevelopment application, the Region will require the access to be reconstructed to better define its location. 4. Submission No. B 13/97 & B 14/97 - John & Marqaret Schuller - cont'd - and - John Schuller Enterprizes Ltd. - cont'd A Regional Road Entrance Permit will be required to define the 40 ft. right-of-way to Manitou Drive prior to the issuance of this permit Regional staff will require confirmation that the right-of-way has been registered on title of each of the abutting properties to ensure each property has access to Manitou Drive. Submission No. B 13/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of John & Margaret Schuller requesting permission to convey a parcel of land having an area of 0.26 acres as a lot addition to 45 Manitou Drive on Part Lot 8, Registrars Compiled Plan 1490, 37 Manitou Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall receive final approval of Submission No. B 14/97 and the deeds for both the severed and retained lands shall be finally endorsed. That the lands to be severed in this application shall be added to the abutting lands, located immediately to the east, which property is proposed to be created by Submission No. B 14/97 and title shall be taken in identical ownership as the abutting lands, with any subsequent conveyance complying with Subsections 50 (3) and/or (5) of the Planning Act. 4. That the owner shall have legal access to the retained lands registered on title. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of the electrical services to the severed lands. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the granting of any easements required by the Commission. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 83 FEBRUARY 25, 1997 The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 4. Submission No. B 13/97 & B 14/97 - John & Marqaret Schuller - cont'd - and - John Schuller Enterprizes Ltd. - cont'd Submission No. B 14/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of John Schuller Enterprizes requesting permission to convey a parcel of land having a width of 70.63 m (231.7 ft.) and an area of 1.38 acres on Part Lot 9, Registrars Compiled Plan 1490, 35 Manitou Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements charges. That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a road widening across the entire Manitou Drive frontage of both the severed and retained lands. That the owner shall obtain, from the Regional Municipality of Waterloo, a Regional Road Entrance Permit for the 40 ft. right-of-way. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical services to the severed lands. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the granting of any easements required by the Commission. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 25, 1999. 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 15/97 - B 18/97 - Patricia Prange, 11 Nelson Avenue, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 84 FEBRUARY 25, 1997 Re: Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: Part Lots 41, 42 and 43, Small Lots North of Peter Horning's Tract, 11 Nelson Avenue, Kitchener, NONE NONE IN SUPPORT: NONE CONTRA: NONE Submission No.'s B 15/97 - B 18/97 - Patricia Pranqe - cont'd The Committee was in receipt of a request from the applicant's agent to defer consideration of these applications to the meeting to be held on March 25, 1997, in order to allow them an opportunity to file a companion Application for Minor Variance. ADJOURNED On Motion, the meeting adjourned at 11:30 a.m. Dated at the City of Kitchener this 25th, day of February 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment