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HomeMy WebLinkAboutAdjustment - 1997-02-04COA\1997-02-04 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 4, 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 9:35 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 January 14, 1997, as mailed to the members, be accepted. Carried MINOR VARIANCE UNFINISHED BUSINESS Submission No. A 6/97 - Rene & Rosalba Wolf, 62 Brentwood Avenue, Kitchener, Ontario Re: Lot 117, Registered Plan 651,62 Brentwood Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. R. Wolf 62 Brentwood Avenue Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct an attached garage with a westerly sideyard of 0.36 m (1.167 ft.) rather than the required 1.2 m (4 ft.). The Committee noted that, at the January 14, 1997 meeting, because of the concerns expressed by staff and the neighbour, the Committee agreed to defer consideration of this application to allow the applicant an opportunity to consider revising his proposal. Mr. Wolfe was in attendance and provided the Committee with a new site plan showing an attached garage on the easterly side of the dwelling. The Committee agreed to accept this amendment to the application and directed that the amended application be recirculated to the neighbours and public agencies. It was generally agreed that consideration of the amended application would take place at the Committee of Adjustment meeting scheduled for Tuesday March 25, 1997. COMMITTEE OF ADJUSTMENT 28 FEBRUARY 4, 1997 Submission No. A 7/97 - Tele-Connect Limited, 96 Church Street, Kitchener, Ontario Re: Part Lot 18, Registered Plan 393, 96 Church Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. R. Knarr 4-118 Erbs Road West St. Agatha, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Councillor M. Yantzi Victoria Park Ward City of Kitchener The Committee was advised that the applicants are requesting permission to provide the required 4 off- street parking spaces for this building in the two existing driveways. There would be two parking spaces, in tandem, in each driveway, rather than the parking spaces being located side by side. Also, the parking spaces on the east side of the building would be located 1.5 m (5 ft.) from the property line along Church Street rather than the required 6 m (19.85 ft.). The Committee noted the comments of the Department of Planning & Development the applicant is requesting permission to provide the required four off-street parking spaces for this building in the two existing driveways. There would be two parking spaces, in tandem, in each driveway, rather than the parking spaces being located side by side. Also, the parking spaces on the east side of the building would be located 1.52 m (5 ft.) from the property line along Church Street rather than the required 6.0 m (19.85 ft.). The property is presently being used as a lodging house with 11 residents which is in compliance with Bylaw 85-1 as this zone requires a minimum of 9 residents in a lodging house. The parking requirement calculation is based on floor area devoted to the lodging units. In this regard, staff have contacted the applicant and determined that 98.8 m2 of floor area is devoted to the lodging units thereby requiring four spaces. The two parking spaces located in the west side yard comply with the both the required parking space size and minimum 3.0 m (9.84 ft.) setback from the Church Street property line. The two parking spaces located in the east side yard also comply with the required parking space size. However, the application should be amended to request permission to allow one parking space on the east side to be located 1.52 m (5 ft.) from the front property line rather than the required 3.0 m (9.84 ft.). The parking arrangement is limited in this side yard because approximately 1.31 m (4.29 ft.) of the building encroaches into the side yard. The applicant should be aware that lodging houses are required to be licensed by the City of Kitchener. This application can be considered minor in nature because the required four parking spaces can be accommodated on site. The parking situation appears to meet the intent of the bylaw because the parking arrangement would not adversely affect the enjoyment of the neighbouring properties nor would it cause a vehicular traffic problem on Church Street. Taking into consideration the limited yard sizes on this property, the applicant is providing the required amount of parking spaces in the best layout possible. COMMITTEE OF ADJUSTMENT 29 FEBRUARY 4, 1997 The Department of Planning and Development recommends approval of the application as amended and shown on the survey plan submitted with the application. 2. Submission No. A 7/97 - Tele-Connect Limited - cont'd Ms. Knarr requested permission to amend the application in accordance with the Planning Department comments. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns regarding the proposed tandem parking. The Committee then considered the written submission of Councillor M. Yantzi on behalf of the abutting property owner. Mr. S. Kay questioned the surface of the driveways and Mrs. Knarr advised that one driveway is concrete and one is asphalt. Mr. Kay then questioned the surface of the rearyard and was advised that it is covered in stone. When questioned about the suitability of the rearyard for parking, Ms. Knarr advised that the rearyard is not large enough to allow cars to turn around and exit the property. Mr. W. Dahms questioned staff as to whether is was preferable to have tandem parking or rearyard parking. Mr. J. Willmer responded that, under normal circumstances, it would be preferable to have rearyard parking; however, in this circumstance, the rearyard is not large enough for parking. Mr. Willmer also advised that there have been discussion between the applicant, Councillor Yantzi and the neighbour and it appears that the neighbour would be satisfied if a 3 ft. high chainlink fence was erected on that side of the property. Mr. W. Dahms put forward a motion to approve the application, which was seconded by Mr. J. Gothard. Mr. D. McKnight stated that he was not happy with the tandem parking, although, in this circumstance, he saw no other choice. Mr. S. Kay stated that he saw problems with tandem parking in this situation. He suggested providing parking in front of the building. He felt that putting parking in the front, but not in tandem would be less disruptive. This is not a family situation and there may be problems jockeying cars. Mr. J. Willmer stated that, given the location of the lodging house, it will usually be occupied by people without cars. Staff thought that they could support a reduction in parking spaces from four to two; however, since the opportunity exists to provide four parking spaces, they thought it would be better to support the tandem parking. When questioned by the Committee, Ms. Knarr advised that this application came about as a result of upgrading the property. Moved by Mr. W. Dahms Seconded by Mr. J. Gothard That the application of Tele-Connect Limited requesting permission to provide the required 4 off-street parking spaces for a lodging house in the two existing driveways with two parking spaces, in tandem, in each driveway, rather than the parking spaces being located side by side and one parking space on the east side of the building located 1.5 m (5 ft.) from the property line along Church Street rather than the required 3 m (9.84 ft.) on Part Lot 18, Registered Plan 393, 96 Church Street, Kitchener, Ontario BE APPROVED subject to the following conditions: That the applicant shall erect a 3 ft. high chainlink fence on the easterly property line, from the southerly limit of the existing fence to the front Iotline. That the variances as approved in this application shall apply to the parking layout only as shown on the plan submitted with this application. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 30 FEBRUARY 4, 1997 The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. Submission No. A 7/97 - Tele-Connect Limited - cont'd The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried APPLICATIONS 1 .Submission No. A 9/97 - RavensBrook Homes (K-W) Ltd., Suite 405, 4243-C Street West, Etobicoke, Ontario Dundas Street, Kitchener, Ontario. Re: Part Lot 1, Registered Plan 1799, 5 Briarfield This application was considered in conjunction with Submission No. B 8~97 as described in the Minutes for Consent. Re: Submission No. A 10/97 -A 20/97 -Activa Holdings Inc., 735 Bridge Street, Waterloo, Ontario Parts 1 & 40, Reference Plan 58R-10192 Parts 13, 64 and 65, Reference Plan 58R-10427 and Parts 24, 25, 26, 34, 35, 36, 44, 45, 46, 54, 55, 56, 64, 65, 66, 74, 75 and 76, Reference Plan 58R- 10472, Westmount Road East, Blockline Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. J. Griesbaum 735 Bridge Street Waterloo, Ontario NONE NONE NONE The Committee was advised the applicant is requesting permission to reduce corner lot widths for lots in a proposed plan of subdivision. The by-law requires corners lots to have a width of 15 m (49.22 ft.). These proposed lots will have the following widths: Submission No. A 10/97 Part 1, Reference Plan 58R-10192 Lot width 13.515 m (44.34 ft.) Submission No. A 11/97 Part 40, Reference Plan 58R-10192 Lot width 13.502 m (44.3 ft.) Submission No. A 12/97 Part 31, Reference Plan 58R-10427 COMMITTEE OF ADJUSTMENT 31 FEBRUARY 4, 1997 Lot width 13.324 m (43.72 ft.) Submission No. A 13/97 Part 64, Reference Plan 58R-10427 Lot width 13.332 m (43.74 ft.) 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd Submission No. A 14/97 Part 65, Reference Plan 58R-10427 Lot width 13.33 m (43.74 ft.) Submission No. A 15/97 Parts 24, 25 and 26, Reference Plan 58R-10472 Lot width 14.2 m (46.59 ft.) Submission No. A 16/97 Parts 34, 35 and 36, Reference Plan 58R-10472 Lot width 14.2 m (46.59 ft.) Submission No. A 17/97 Parts 44, 45 and 46, Reference Plan 58R-10472 Lot width 14.2 m (46.59 ft.) Submission No. A 18/97 Parts 54, 55 and 56, Reference Plan 58R-10472 Lot width 14.2 m (46.59 ft.) Submission No. A 19/97 Parts 64, 65 and 66, Reference Plan 58R-10472 Lot width 14.2 m (46.59 ft.) Submission No. A 20~97 Parts 74, 75 and 76, Reference Plan 58R-10472 Lot width 14.2 m (46.59 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 lots within a new registered plan of subdivision. The by-law requires corner lots to have a width of 15 m (49.22 ft.). The existing lots range in width from 13.33 m (43.6 ft.) to 14.2 m (46.6 ft.). The subdivision was registered with Iotless blocks which were further subdivided by Part Lot Control Exemption. Lot width deficiencies were not recognized until after building permits had been issued for three of the lots. Upon further analysis of the house sketches prepared for building permits, it has been determined that the access COMMITTEE OF ADJUSTMENT 32 FEBRUARY 4, 1997 driveways do not meet the 12 m setback as required by Section 6.1.1 b) iv) of By-law 85-1. The applicant is requesting that the application be amended to include variances for driveway location. Building permit applications have been submitted for single detached dwellings for the six lots requested on Plan 58R-10472 (A 15/97 - A 20/97). The remainder of the lots within this application are intended for semi-detached dwellings. Three lots (Part 40 58R-10419, Parts 64, 65 58R-10427) have existing semis on them; two lots (Part 1 58R-10192 and Part 31 58R-10427) have permits applied for but not issued. With regards to the reduction in the distance between the driveway and the intersection for the semi- detached dwellings (A 10 to A 14/97), the three existing dwellings have been constructed with their garages attached; the designs for the remaining two also indicate the same layout. In all cases the driveways appear to be located a minimum of 10 m from the intersection of the streetlines instead of the required 12 m. The intent of this regulation is to 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd allow for a safe distance for vehicles exiting the property with respect to vehicles approaching the intersection. It is staff's opinion that the 10 m provided is sufficient and therefore the general intent of the by-law is maintained. It is also difficult to design semi-detached dwellings to accommodate a driveway on the flanking street. With regards to the single detached dwellings identified as A 15/97 to A 20/97, this dwelling type allows for an easier redesign to accommodate a driveway off of the flanking street, in compliance with the by- law. As these dwellings have not yet been built staff do not support the request for variances to reduce the distance between the proposed driveways and the intersection of the streetlines. The houses can and should be designed and constructed in compliance with the by-law. Even in other situations where the two intersecting streets are both minor local streets, the by-law provides for a reduced separation of 9 metres. In no case should the separation be reduced to less than 9 metres, as requested here. It is acknowledged that building permits have been submitted for these lots, and the houses may have been conditionally sold based on the proposed layouts. The intent of the by-law requirement of increased lot widths for corner lots 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. The lots all have sufficient lot width to still allow the appropriate flanking side yard. The single detached dwellings can provide required driveway location off the flanking street. Based on the driveway location variances, the semi-detached dwellings meet the general intent of the by-law and therefore the impact of these variances is considered minor. In summary, the Department of Planning and Development recommends approval of the following variances: Reduction in the minimum lot width from 15 m to 13.51 m for Part 1 58R-10192 (A 10/97) Reduction in the minimum lot width from 15 m to 13.50 m for Part 40 58R-10192 (A 11/97) Reduction in the minimum lot width from 15 m to 13.32 m for Part 31 58R-10427 (A 12/97) Reduction in the minimum lot width from 15 m to 13.33 m for Part 64 58R-10427 (A 13/97) Reduction in the minimum lot width from 15 m to 13.33 m for Part 65 58R-10427 (A 14/97) Reduction in the m~n~mum lot width from 15 m to 14.2 m for Parts 24, 25, 26; 34, 35, 36; 44, 45, 46; 54, 55, 56; 64, 65, 66; 74, 75, 76 of Plan 58R-10472 (A 15/97 through A 20/97 inclusive) And further, the Department recommends approval of the amended request as follows: Reduction in the minimum distance a driveway can be located from the intersection of the streetlines from the required 12 m to 10 m for Parts 1 and 40 58R-10192 (A 10/97, A 11/97); Parts 31,64 and 65 58R-10427 (A 12/97, A 13/97, A 14/97) COMMITTEE OF ADJUSTMENT 33 FEBRUARY 4, 1997 And further, the Department recommends refusal for the following: Reduction in the minimum distance a driveway can be located from the intersection of the streetlines from the required 12 m to 9 m for Parts 24, 25, 26, 34, 35, 36, 44, 45, 46 (A15/97 through A 17/97 inclusive) and Parts 64, 65, 66 (A 19/97 all of Plan 58R-10472 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd Reduction in the minimum distance a driveway can be located from the intersection of the streetlines from the required 12 m to 8 m for Parts 54, 55, 56 (58R-10472 (A 18/97) Reduction in the minimum distance a driveway can be located from the intersection of the streetlines from the required 12 m to 8.9 m for Parts 74, 75, 76 58R-10472 (A 20/97) The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Division in which they advised that approval of Submission No.'s A 10/97 & A 12/97 should be conditional upon the driveways being developed from the flankage, in compliance with the 12 m corner setback requirement. They also advised that, with respect to Submission No.'s A 11/97, A 13/97 & A 14/97, the driveways do not comply with the 12 m corner setback; however, as these homes are existing, it may not be possible to make these changes. When questioned by the Committee, Mr. J. Willmer advised that staff were in error in processing the Part Lot Control Exemption By-law and these lots already exist. Mr. J. Griesbaum advised that 130 of the 150 lots have already been sold. This became an issue after the fact and this subdivision was purchased after the approvals were given. This situation only came to light when approvals were being sought for another subdivision. Mr. S. Kay questioned whether Block Line Road is a Regional Road and Mr. Willmer advised that, at this point, it is not. Mr. J. Gothard questioned whether the applicant has reviewed the staff comments for refusal. Mr. J. Griesbaum advised the Committee that they have gone through the proper approval process for these lots. The engineers have approved the driveway plans and servicing plans. A Part Lot Control Exemption By-law was approved. In some cases, building permits have been issued. All the proper approvals were obtained prior to anything taking place on the ground. A lengthy discussion took place over the request for variances to driveway locations. Staff comments were considered as well as Mr. Griesbaum's representations concerning hardship. The discussion also considered driveways on the flanking side verses driveways at the front of the lot, which lots already had building permits and which had unconditional offers of purchase and sale. The Committee also considered which lots would be developed with single family dwellings and which would have semi- detached dwellings. The Committee agreed to accept Mr. Griesbaum's request to amend these applications to consider variances to the driveway locations. Submission No. A 10/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 13.515 m (44.34 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 10 m (32.81 ft.) from the intersection rather than the required 12 m (40 ft.) on Part 1, Reference Plan 58R-10192, Highbrook Street, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the driveways shall be located in the centre of the two semi-detached dwellings. COMMITTEE OF ADJUSTMENT 34 FEBRUARY 4, 1997 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd 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 11/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 13.502 m (44.3 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 10 m (32.81 ft.) from the intersection rather than the required 12 m (40 ft.) on Part 40, Reference Plan 58R-10192 Highbrook Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Submission No. A 12/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay Carried That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 13.324 m (43.72 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 10 m (32.81 ft.) from the intersection rather than the required 12 m (40 ft.) on Part 31, Reference Plan 58R-10427 Highbrook Street, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the driveways shall be located in the centre of the two semi-detached dwellings. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Moved by Mr. A. Galloway Seconded by Mr. S. Kay Submission No. A 13/97 COMMITTEE OF ADJUSTMENT 35 FEBRUARY 4, 1997 That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 13.332 m (43.74 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 10 m (32.81 ft.) from the intersection rather than the required 12 m (40 ft.) on Part 64, Reference Plan 58R-10427, Highbrook Street, Kitchener, Ontario BE APPROVED. 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd Submission No. A 13/97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature, 2. This application is desirable for the appropriate development of the property, 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property, Carried Submission No. A 14/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 13.33 m (43.74 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 10 m (32.81 ft.) from the intersection rather than the required 12 m (40 ft.) on Part 65, Reference Plan 58R-10427, Highbrook Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Submission No. A 15/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay Carried That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 9 m (29.53 ft.) from the intersection rather than the required 12 m (40 ft.) on Parts 24, 25 and 26, Reference Plan 58R-10472, Highbrook Street and Highbrook Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 36 FEBRUARY 4, 1997 Submission No. A 16/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 9 m (29.53 ft.) from the intersection rather than the 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd Submission No. A 16/97 required 12 m (40 ft.) on Parts 34, 35 & 36, Reference Plan 58R-10472, Highbrook Street and Highbrook Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 17/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 9 m (29.53 ft.) from the intersection rather than the required 12 m (40 ft.) on Parts 44, 45 & 46, Reference Plan 58R-10472, Highbrook Crescent and Highbrook Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 18/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 8 m (26.5 ft.) from the intersection rather than the required 12 m (40 ft.) on Parts 54, 55 & 56, Reference Plan 58R-10472, Highbrook Crescent and Highbrook 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 37 FEBRUARY 4, 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 2. Submission No. A 10/97 - A 20/97 - Activa Holdinqs Inc. - cont'd Submission No. A 19/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and the driveway located 9 m (29.53 ft.) from the intersection rather than the required 12 m (40 ft.) on Parts 64, 65 & 66, Reference Plan 58R-10472, Highbrook Crescent and Highbrook Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting legalization of a lot having a width of 14.2 m (46.59 ft.) rather than the required 15 m (49.22 ft.) and a driveway located 8.9 m (29.2 ft.) from the intersection rather than the required 12 m (40 ft.) on Parts 74, 75 & 76, Reference Plan 58R-10472, Highbrook Crescent and Highbrook Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 21/97 - A 39/97 - Activa Development Corporation, 735 Brid.qe Street, Waterloo, Ontario Re: Parts of Lot 47, German Company Tract, Ottawa Street South and Fischer-Hallman Road, Submission No. A 20~97 COMMITTEE OF ADJUSTMENT 38 FEBRUARY 4, 1997 Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: Mr. J. Griesbaum 735 Bridge Street Waterloo, Ontario NONE WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: NONE NONE 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd The Committee was advised that the applicant is proposing to develop a residential subdivision and is requesting permission for reduced widths on corner lots and a reduction in the lot area on three lots as identified below. The required corner lot width is 15 m (49.22 ft.) and the required lot area is 235 m2 (2,529.61 sq. ft.). Submission No. A 21/97 Part 47 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 22~97 Part 48 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 23~97 Part 78 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 24~97 Part 79 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 25~97 Part 1 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 26~97 Part 38 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) COMMITTEE OF ADJUSTMENT 39 FEBRUARY 4, 1997 Submission No. A 27~97 Part 1 on Draft Reference Plan Lot width 12.8 m (42 ft.) Submission No. A 28/97 Parts 38, 146 and 147 on Draft Reference Plan Lot width 12 m (39.37 ft.) Submission No. A 29/97 Part 40 on Draft Reference Plan Lot width 11.5 m (37.73 ft.) Submission No. A 30/97 Part 67 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 31/97 Parts 68, 148 and 149 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 32/97 Part 73 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 33/97 Part 12 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 34/97 Part 38 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 35/97 Part 61 on Draft Reference Plan Lot width 12.5 m (41.01 ft.) Submission No. A 36/97 Part 62 on Draft Reference Plan COMMITTEE OF ADJUSTMENT 40 FEBRUARY 4, 1997 Lot width 12.5 m (41.01 ft.) Submission No. A 37/97 Part 64 on Draft Reference Plan Lot area 225.3 m2 (2,425.19 sq. ft.) Submission No. A 38/97 Part 65 on Draft Reference Plan Lot Area 225.4 m2 (2,426.27 sq. ft.) Submission No. A 39/97 Part 66 on Draft Reference Plan Lot Area 230.6 m~ (2,482.24 sq. ft.) The Committee noted the comments of the Department of Planning and Development, in which they advised that the subject lands represent 19 proposed lots within a draft approved plan of subdivision (30T-94018). The subdivision, named Laurentian Forest by the developer, is located in the Laurentian West Community and lies generally to the south and west of the Ottawa Street South/Fischer-Hallman Road intersection. The residential lands within the subdivision have been zoned Residential Four Zone (R-4) and Residential Six Zone (R-6) according to Zoning By-law 85-1. The plan of subdivision was draft approved on March 21, 1996 with a number of "lotless blocks". The purpose of creating Iotless blocks is to allow the developer re-subdivide those blocks into individual lots at a later date in order to better respond to customer demand in terms of dwelling type and lot size. The re- subdivision of the Iotless blocks into individual lots would 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd occur via the Part Lot Control process after the plan has been registered, in accordance with the regulations of the Zoning By-law. While the draft plan of subdivision is not yet registered, the developer has submitted Part Lot Control applications in anticipation of the subdivision proceeding toward registration in the near future. In order to reduce the timing between plan registration and the sale of lots to the ultimate consumer, the developer "pre- serviced" the subdivision in accordance with City Council policy. In this particular instance, engineering drawings for all underground services were prepared based on the land surveyor's interpretation of the maximum number of lots able to be created under the zoning regulations. The engineering drawings were then submitted to and approved by the City's Public Works Department and subsequently, all underground services have now been installed. Upon submission of the Part Lot Control applications, staff have determined that the surveyor mis- interpreted the requirements for corner lot widths and minimum lot area. However, the required service connections have been approved by the City and have now been installed for lots which now cannot legally be created in accordance with the regulations of the R-4 and R-6 Zones. Based on the road widths approved for this subdivision, both the R-4 Zone and the R-6 Zone require all corner lots for single detached dwellings to have a minimum lot width of 15 metres and a minimum lot area of 235 square metres. While a minor variance to lot area and lot width would not normally be supported within a new plan of subdivision where lots can be created in conformity with the Zoning By- law, the unique circumstances surrounding this application would differentiate it from other instances. In this respect, staff feel that it would be unreasonable to require the developer to remove installed underground services after having received prior City approval to construct them in the first place. The reason the Zoning By-law requires increased widths for corner lots is to ensure a side yard abutting a COMMITTEE OF ADJUSTMENT 41 FEBRUARY 4, 1997 street equal to a required front yard and to provide a safe distance between the driveway and the intersection. While the proposed lots widths do not meet the minimum width established in the Zoning By-law, they would still enable both the side yard abutting a street and driveway location to be provided in accordance with zoning requirements. For these reasons, the proposed variances can be considered to be minor in nature, in general conformity with the intent of the Zoning By-law, and appropriate for the development of the subject lands. Accordingly, the Department of Planning and Development recommends approval of the following minor variances: Reduction in minimum lot width from 15 metres to 12.5 metres for Parts 47, 48, 78 and 79 of Registered Plan 58M- (Applications A21/97 through A 24/97 inclusive); Parts 1 and 38 of Registered Plan 58M- (Applications A 25/97 and A 26/97); Parts 67, 68, 73, 148 and 149 of Registered Plan 58M-__ (Applications A 30/97 to A 32/97 inclusive); and Parts 12, 38, 61 and 62 of Registered Plan 58M- (Applications A 33/97 to A 36/97 inclusive). Reduction in minimum lot width from 15 metres to 12.8 metres for Part 1, Registered Plan 5aM- (Application A 27/97). Reduction in minimum lot width from 15 metres to 12.0 metres for Parts 38, 146 and 147, Registered Plan 58M- (Application A 28/97). Reduction in minimum lot width from 15 metres to 11.5 metres for Part 40, Registered Plan 58M-_ _ (Application A 29/97) Reduction in minimum lot area from 235 square metres to 225.3 square metres for Part 64, Registered Plan 58M- (Application A 37/97). Reduction in minimum lot area from 235 square metres to 225.4 square metres for Part 65, Registered Plan 58M- (Application A 38/97). 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Reduction in minimum lot area from 235 square metres to 230.6 square metres for Part 66, Registered Plan 58M- (Application A 39/97). It should be clearly noted however that since the Zoning By-law also requires that all driveways be located a minimum of 12 metres from an intersection, the driveways for all of the reduced-width corner lots will have to be provided on the flanking side to enable issuance of a building permit. Staff would not support a reduction in the distance between the driveway and the intersection since the proposed lot dimensions would still enable full compliance with the Zoning By-law in this respect. The Department of Planning and Development recommends approval of Minor Variance Applications A 21/97 through A 39/97, inclusive. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that he has no concerns or objections to these submissions. The Committee considered the comments of the Traffic & Parking Division in which they advised that they have reviewed the applications and driveways for the subject corner lots must comply with the requirements for setback from intersecting streetlines. With respect to the Planning & Development Department comments regarding the driveway locations, Mr. Griesbaum advised that the curb cuts are in place and some lots have been sold. Mr. J. Willmer advised the Committee that no approvals have been given yet. Mr. J. Griesbaum asked the Committee to consider variances to the driveway locations and the Committee advised that, as they were not requested in the application, and they had no information in front of them as to the location of driveways on these lots; therefore, had nothing to approve, that they would not entertain an amendment to these applications for the driveways. COMMITTEE OF ADJUSTMENT 42 FEBRUARY 4, 1997 Submission No. A 21/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 47, Draft Reference Plan) Bush Clover Crescent and Hackberry Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 22~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 48, Draft Reference Plan) Bush Clover Crescent and Hackberry Street, Kitchener, Ontario BE APPROVED. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 22~97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 23~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 78, Draft Reference Plan) Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being COMMITTEE OF ADJUSTMENT 43 FEBRUARY 4, 1997 maintained on the subject property. Carried Submission No. A 24~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 79, Draft Reference Plan) Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 25~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 1, Draft Reference Plan), Woodpoppy Court and Greyfox Drive, Kitchener, Ontario BE APPROVED. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 25~97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 26~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 38, Draft Reference Plan) Woodpoppy Court and Greyfox Drive, 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 44 FEBRUARY 4, 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 27/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.8 m (42 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 1, Draft Reference Plan) Activa Avenue and Wilderness Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 28~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12 m (39.37 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Parts 38, 146 & 147, Draft Reference Plan' Activa Avenue and Greyfox Drive, Kitchener, Ontario BE APPROVED. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 28~97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature, 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 29~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 11.5 m (37.73 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 40, Draft Reference Plan) Activa Avenue and Hackberry Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 45 FEBRUARY 4, 1997 The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 30/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract, (Part 67, Draft Reference Plan) Activa Avenue and Bush Clover Crescent. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 31/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract, (Parts 68, 148 and 149, Draft Reference Plan) Activa Avenue and Bush Clover Crescent, Kitchener, Ontario. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 31/97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature, 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 32~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 73, Draft Reference Plan) Activa Avenue and Bush Clover Crescent, Kitchener, Ontario BE APPROVED. COMMITTEE OF ADJUSTMENT 46 FEBRUARY 4, 1997 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 33/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 12, Draft Reference Plan) Wilderness Drive and Pine Martin Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 34~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 38, Draft Reference Plan) Mountainmint Crescent and Wilderness Drive, Kitchener, Ontario BE APPROVED. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 34/97 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature, 2. This application is desirable for the appropriate development of the property, 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property, Carried Submission No. A 35~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of COMMITTEE OF ADJUSTMENT 47 FEBRUARY 4, 1997 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 61, Draft Reference Plan) Wilderness APPROVED. It is the opinion of this Committee that: 1. 2. 3. Drive and Mountainmint Crescent, Kitchener, Ontario BE The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 36/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 47, German Company Tract (Part 62, Draft Reference Plan) Wilderness Drive and Mountainmint Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 37/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have an area of 225.3 m2 (2,425.19 sq. ft.) rather than the required 235 m2 (2,529.61 sq. ft.) on Part Lot 47, German Company Tract (Part 64, Draft Reference Plan) Activa Avenue, Kitchener, Ontario BE APPROVED. 3. Submission No. A 21/97 - A 39/97 - Activa Development Corporation - cont'd Submission No. A 37/97 It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Moved by Mr. A. Galloway Seconded by Mr. S. Kay Submission No. A 38/97 COMMITTEE OF ADJUSTMENT 48 FEBRUARY 4, 1997 That the application of Activa Development Corporation requesting permission for a lot to have an area of 225.4 m2 (2,426.27 sq. ft.) rather than the required 235 m2 (2,529.61 sq. ft.) on Part Lot 47, German Company Tract (Part 65, Draft Reference Plan) Activa Avenue, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 39/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission for a lot to have an area of 230.6 m~ (2,482.24 sq. ft.) rather than the required 235 m~ (2,529.61 sq. ft.) on Part Lot 47, German Company Tract (Part 66, Draft Reference Plan) Activa Avenue, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS Re: Submission No.'s B 72/96 - B 76/96 - Monarch Construction Limited, 2025 Sheppard Avenue East, Willowdale, Ontario Block 115, Registered Plan 1716, Resurrection Drive and University Avenue, Kitchener, Ontario. 1. Submission No.'s B 72~96 - B 76~96 - Monarch Construction Limited - cont'd At the request of the Department of Planning & Development, the consideration of these applications to the meeting of February 25, 1997. APPLICATIONS Committee agreed to defer Submission No.'s B 8/97 & A 9/97 - Ravensbrook Homes (K-W) Ltd., Suite 405, 4243-C Dundas Street West, Etobicoke, Ontario Re: APPEARANCES: IN SUPPORT: Part Lot 1, Registered Plan 1799, 5 Briarfield Street, Kitchener, Ontario. Mr. R. Muszynski Suite 405, 4243-C Dundas Street West COMMITTEE OF ADJUSTMENT 49 FEBRUARY 4, 1997 Etobicoke, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is building a semi-detached house on Lot 1, Registered Plan 1799 and through Submission No. B 8/97 is requesting permission to divide this semi so that each half maybe sold separately. In Submission No. A 9/97, the applicant is requesting permission to locate the driveway, for the corner unit, 10.5 m (34.45 ft.) from the intersection of Briarfield Street and Briarmeadow Drive rather than the required 12 m (40 ft.) and permission for the lot to have a width along Briarfield Drive of 13.35 m (43.8 ft.) rather than the required 15 m (49.22 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting two minor variances, one for a reduction in the minimum corner lot width from 15.0 metres to 13.35 metres and another variance for a reduction in the set back for an access driveway for a corner lot dwelling from 12.0 metres to 10.5 metres. The subject property is bounded by streets on three sides; on the north by Briarfield Street, on the south by Fairway Road and on the east by Briarmeadow Drive. Fairway Road functions as an arterial road with restricted access and Briarmeadow Drive functions as a collector road. The zoning by-law requires larger lot widths on corner properties to provide the same building envelope on corner lots and to provide adequate separation between the intersection and the access driveway. The minimum corner lot width for semi-detached dwellings is 22.5 metres. The subject lands meet the minimum lot width requirement of 22.5 metres for the semi-detached dwelling and as a result a building permit was issued. The By-law also sets a minimum lot width for a corner dwelling unit of 15.0 metres and 7.5 metres for an interior unit. Rather than building a semi-detached dwelling with the interior unit having a width of 6.3 metres and the corner unit having a potential width of 10.5 metres the owner built each unit the same width. As a result, the dwelling meets the set back requirements of the zoning by-law relative to yards; however if the units are severed a by-law deficiency is created to the regulations specific to the corner dwelling unit. The same building envelope for the dwelling unit is maintained, whether or not the dwelling is severed and in this regard, the general intent and purpose of the zoning by-law is being maintained. The impact of the variance is minor as it simply facilitates the severance to allow separate ownership of each unit. The set back for driveway locations on corner lots is regulated in the by-law to provide a safe set back for driveway locations in relation to intersections. The 12.0 metre driveway setback is required for corner lots that abut streets with a right-of-way of more than 18 metres. The driveway setback for corner lots which abut streets with rights-of-way 18 metres or less is 9.0 metres. Staff are not generally supportive of reductions in the setback for driveway 1. Submission No.'s B 8/97 & A 9/97 - Ravensbrook Homes (K-W) Ltd. - cont'd locations on corner lots if the minimum 12.0 metres can be achieved. In this case, the required set back could be achieved if the driveway was located off of Briarmeadow Drive; however, the driveway would be located on a collector road in close proximity to an arterial road which generates high traffic volumes and this would not be desirable. In view of this, the proposed driveway location 10.5 metres from the intersection is desirable for the appropriate development of the subject lands. In addition, the driveway in this location is the most optimum with regard to safety and as a result meets the general intent and purpose of the zoning by-law. In view of the options available for the location of the driveway, the variance requested to allow the driveway off of Briarfield Street is minor. The Department of Planning and Development recommends approval of variance application A 9/97 in accordance with the plans attached dated December 16, 1996. The Department of Planning and Development recommends approval of Consent Application B 8/97 subject to the following conditions: COMMITTEE OF ADJUSTMENT 50 FEBRUARY 4, 1997 That Minor Variance Application A 9/97 receive final approval; That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that they have no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Division in which they advised that they are generally opposed to driveways being located less than 12 m from intersecting roads; however, there are conditions specific to this application which would qualify for an exemption. Under the circumstances, it would be less desirable to develop the driveway at Briarmeadows Drive in terms of the proximity to the Fairway Road intersection and accessibility for residents. The proposed driveway location would likely have less overall traffic impact than if it were to be developed at Briarmeadow Drive. The Committee considered the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objection to the approval of these applications. Submission No. B 8/97 Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Ravensbrook Homes (K-W) Ltd. requesting permission to convey a parcel of land having a width of 13.35 m (43.8 ft.) by a depth of 45 m (147.64 ft.) and having an area of 571.87 m2 (6,155.76 sq. ft.) on Part Lot 1, Registered Plan 1799, 5 Briarfield Street, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 9~97. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 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 4, 1999. 1. Submission No.'s B 8/97 & A 9/97 - Ravensbrook Homes (K-W) Ltd. - cont'd Submission No. B 8~97 It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. A 9~97 Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Ravensbrook Homes (K-W) Ltd.requesting permission to locate the driveway, for the corner unit, 10.5 m (34.45 ft.) from the intersection at Briarfield Street and Briarmeadow Drive rather COMMITTEE OF ADJUSTMENT 51 FEBRUARY 4, 1997 than the required 12 m (40 ft.) and permission for the lot to have a width along Briarfield Drive of 13.35 m (43.8 ft.) rather than the required 15 m (49.22 ft.) on Part Lot 1, Registered Plan 1799, 5 Briarfield Street, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the variances as approved in this application shall apply to the proposed development only as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 2. 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: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: NONE NONE Mr. S. Grant 235 King Street East Kitchener, Ontario CONTRA: NONE The Committee was in receipt of a request from the applicant's agent to defer consideration of this application to the meeting scheduled for February 25, 1997 and the Committee agreed to this request. ADJOURNED On Motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 4th, day of February 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment