Loading...
HomeMy WebLinkAboutAdjustment - 1997-03-25COA\1997-03-25 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 25, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. Mr. J. Willmer, Intermediate Planner, R. Morgan, Co-ordinator, Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. Zoning Mr. J. Gothard, Chairman, called the meeting to order at 9:45 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 25, 1997, as mailed to the members, be accepted. Carried MINOR VARIANCE UNFINISHED BUSINESS 1. Submission No. A 71/96 - Julie Glass, 214 Woolwich Street North, Ontario Lot 10, Registered Plan 349, 243 Glasgow Street, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: Ms. J. Glass & Mr. A. Ashley 214 Woolwich Street North Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE Kitchener, The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant requests permission to reduce the parking space setback from 6.0 m to 2.77 m, for the one parking space required for a single detached dwelling. The variance is requested because the attached garage was converted to living space over two years ago. The dwelling was constructed as a single detached dwelling, and was illegally converted to a four unit dwelling. Its most recent use was as a duplex. The property is now for sale as a single detached The Committee was advised that the applicant is requesting permission to legalize parking in their driveway, closer than 6 m (19.69 ft.) to the property line along Glasgow Street. The zoning by-law requires that a legal parking space be located no closer than 6 m (19.69 ft.) to the front property line. COMMITTEE OF ADJUSTMENT 87 MARCH 25, 1997 dwelling. The fact that the garage space has already been converted to living space should not be used to justify approval, as this would encourage residents to undertake illegal construction first and seek approvals later. 1. Submission No. A 71/96 - Julie Glass - Cont'd Staff concede that the impact of the variance would be minor, as there is no exterior evidence that the garage space has been converted. However, given the property's history of use, approval of the variance would increase the likelihood of the dwelling becoming illegally converted to a duplex in the future. (Duplex is a permitted use in the R-4 Zone, but both of the required parking spaces would be in front of the building.) Furthermore, it would be difficult to provide visitor or additional vehicle parking as on-street parking is prohibited on Glasgow Street. On this basis, the variance is not desirable for the appropriate development or use of the building. The zoning by-law does not prohibit parking in the driveway leading to the garage, nor does it require that the parking space in the garage be used; however, the general intent and purpose of the by-law is that a parking spaces should be available in a garage, carport or side yard in order to minimize the number of vehicles parked in front of the building. The proposal does not maintain this intent as all parking provided for the dwelling would have to be in front of the dwelling. This is evident now as two vehicles have been parking side by side in a single width driveway, with the result that one is parked partially on the lawn. In the opinion of staff, the proposal fails to meet at least two of the four tests set out in Section 45 (1) of the Planning Act. The Department of Planning and Development recommends refusal of Submission A 71/96. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns regarding the location of the legal parking space. Photographs of the inside of the house were submitted by staff. Mr. J. Willmer advised that, at the last appearance before this Committee, there was evidence of additional units in the building. These photographs, which were taken by staff yesterday, show that the building has now been converted to a single family dwelling. Mr. W. Dahms questioned whether staff's position has changed and Mr. Willmer advised that staff's position remains the same. In response to a question from Mr. D. McKnight, Mr. Willmer advised that the garage is still used as living space but not a separate unit. Mr. A. Ashley addressed the Committee advising that the building is now a single family dwelling and that all the facilities which could allow the building to be used as a multiple dwelling have been removed. Ms. Glass addressed the Committee advising that the last time they were before the Committee, they left with the impression that if they removed all the evidence of multiple dwellings, this Committee would review there request again. Mr. S. Kay questioned whether anyone is currently residing in the home and Ms. Glass advised that there is one lady, who will be vacating on April 1st. The property will be back on the market again in a couple of weeks once some painting has been done. Mr. S. Kay stated that the applicant has acknowledged that the house was in an illegal state and has converted the home back to a single family dwelling. It would be purely speculative as to how a new owner would use the house. This Committee has approved many similar situations in the past. He recommended that the application be approved. Mr. W. Dahms stated that he could second such a motion. He referred to the staff comments where it is stated that the impact would be minor. Further, the applicant has taken steps, at some expense, to convert the property back to a single family dwelling. Mr. Kay agreed to Mr. Dahms suggested condition that the exterior of the garage should not be changed. COMMITTEE OF ADJUSTMENT 88 MARCH 25, 1997 1. Submission No. A 71/96 - Julie Glass - Cont'd Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Julie Glass requesting permission to provide one parking space for a single family dwelling in the existing driveway, 2.77 m (9.09 ft.) from the lot line along Glasgow Street rather than the required 6 m (19.69 ft.) on Lot 10, Registered Plan 349, 243 Glasgow Street, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the exterior of the garage shall not be changed. 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 44/97 - Mr. Stuart Janzen, 780 Belmont Street North, Kitchener, Ontario Re: Lot 1, Registered Plan 1398, Glasgow Street, Kitchener, Ontario. Mr. W. Dahms declared a conflict with this application as his law firm represents a neighbouring property owner and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. A. Lichtenheldt 97 Frederick Street Kitchener Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE Mr. Lichtenheldt addressed the Committee advising that the original proposal for this development would have required the placement of a portion of the house on a private sewer easement. As no support could be obtained for this proposed development, the applicant is now proposing to move the house further back into the lot so as not to encroach on the private sewer easement; however, this will require approval of variances not originally applied for. He advised that he understands that the current request will have to be recirculated to the neighbours and he requested that the Committee defer consideration of this matter to its meeting of April 15, 1997. The Committee agreed to this request. APPLICATIONS Submission No. A 6/97 - Rene & Rosalba Wolf, 62 Brentwood Avenue, Kitchener, Ontario Lot 117, Registered Plan 651,62 Brentwood Avenue, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 89 MARCH 25, 1997 APPEARANCES: IN SUPPORT: Mr. R. Wolf 62 Brentwood Avenue Kitchener, ON 1. Submission No. A 6/97 - Rene & Rosalba Wolf - cont'd Mr. J.J. Kelly 74 Queen Street North Kitchener, ON CONTRA: Mr. R. Schad 66 Brentwood Avenue Kitchener, ON WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Mr. R. Schad 66 Brentwood Avenue Kitchener, ON The Committee was advised the applicant is requesting permission to construct the attached garage on the southerly side of the single family dwelling. There will be a variance to the sideyard as the garage would be located 0.6 m (2 ft.) from the side lot line rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject application was discussed at the Committee of Adjustment's regular meeting of January 14, 1997. At that meeting, there were several concerns expressed by staff regarding the proposed location of the attached garage and resulting variances which proposed a northerly side yard of 0.457 metres (1.5 feet) and a parking space width of 2.55 metres, whereas the by-law requires a sideyard of 1.2 metres (4 feet) and a parking space width of 3.04 metres. As a result of the concerns raised by staff and of the adjoining neighbour to the north, the applicants requested a deferral of this application, in order to consider a redesign or relocation of the proposed garage addition. The applicants submitted a revised application which proposes a garage and driveway within the southerly side yard of the existing dwelling. As a result of this proposed garage addition, the applicants will have to relocate their existing driveway into the southerly side yard, along with the removal of existing sod, top soil and a portion of the existing hedge, as illustrated on the drawing submitted with the revised application. In addition, it would appear that there is an existing street tree that will have to either be relocated or replaced with another street tree to be planted in a different location on the boulevard. The Department is of the opinion that the requested variance reducing the side yard from 1.2 metres to 0.6 metres is minor in nature, given the use of the proposed addition and its design, attached to the dwelling. The variance is also appropriate for the development of the subject lands, as sufficient area for the garage is available and the neighbouring sideyard on this side is 9 feet. The proposed variance meets the general intent and purpose of both the Zoning By-law and the Municipal Plan of the City of Kitchener, as sufficient sideyard is provided to maintain the building and adequate separation exists from the adjoining building. The applicants will be required to make arrangements with the Department of Public Works for the removal and closure of the existing driveway ramp, and restoration of the existing boulevard ramp area, and the development of a new driveway ramp and boulevard entrance for the proposed new driveway location. In addition, the applicants must make arrangements with the Department of Parks and Recreation for the relocation of the existing tree, or the replanting of a new tree if the proposed boulevard driveway ramp conflicts with the existing tree located in the boulevard. The Department of Planning and Development recommends approval of Application A 6/97 as revised, conditional upon the following: COMMITTEE OF ADJUSTMENT 90 MARCH 25, 1997 1. Submission No. A 6/97 - Rene & Rosalba Wolf - cont'd To make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of a paved driveway ramp for a proposed new driveway location, and the removal of the existing driveway ramp and boulevard restoration as detailed within the drawing submitted with the revised application, dated revised January 21, 1997, prior to July 31, 1997. An extension to this dated may be given by the Manager of Community Planning and Development Review upon receiving a written request by the applicant. To make satisfactory arrangements, financial or otherwise, with the City's Department of Parks and recreation, Forestry Division, for the relocation or replacement or a street tree, if required by the Department of Parks and Recreation, as a result of the proposed new driveway entrance, prior to July 31, 1997. an extension to this date may be given by the Manager of community Planning and Development Review upon receiving a written request by the applicant. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that the basement window must be sealed shut and gas proofed. Further, there shall be no openings in a wall located less than 4 ft. from the property line and the wall shall have a 45 minute fire resistance rating and a building permit is required to construct the new garage. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that, after completing a site visit, it was identified that the present meter and service location would have to be moved to an outside wall of the proposed attached garage. The Committee considered the written submission to Mr. R. Schad in opposition to the application. When questioned by the Committee, Mr. Kelly advised that the house is one and half storey's in height and there are 9 ft. between the lot line and neighbour's house. Mr. Kelly then addressed the Committee advising that the applicant is in agreement with the staff recommendation including moving the driveway, relocating the tree in the boulevard and resurfacing. With respect to the comments of Hydro, Mr. Kelly advised that the meter is at the southeast corner of the house and the garage won't affect it. Mr. R. Schad addressed the Committee stating that this is a change from the original application and his comments are the same as the neighbour on the other side. He advised that he would have no objection to a detached garage setback further into the yard. A 2 ft. sideyard reduces the space between the house and will diminish the light on that side of the house. Further, changing the driveway and boulevard will also change things for his home. He asked the Committee to consider his position and restated that he would have no objection to a detached garage setback further into the yard. The Chairman questioned Mr. Schad concerning his driveway and was advised that it was on the other side of the house. Concerning windows, Mr. Schad advised that his daughter's bedroom window is on the ground floor at the back of the house on the side adjacent to the location of the proposed garage. Mr. A. Galloway questioned why a detached garage would not be possible and Mr. Kelly responded that the utility of the garage is the reason. The garage would be of no benefit to the applicant if not attached. Mr. Galloway stated that the applicant can conform to the requirements of the by-law and the proposal is an imposition on the neighbour. Mr. S. Kay questioned if there was a door from the garage into the house and Mr. Kelly responded that there would be. Mr. Kay noted that the door is not shown on the plan. 1. Submission No. A 6/97 - Rene & Rosalba Wolf - cont'd COMMITTEE OF ADJUSTMENT 91 MARCH 25, 1997 Mr. Kay questioned whether Mr. Schad would object if the garage was moved further back without being completely detached. Mr. Schad responded that if the garage was flush with the rear of the house, so that it did not block the light, he would not object to a 2 ft. sideyard. Mr. Kelly responded that the architect has designed this garage at the best location for the applicant, as it blends in with the design of the house. Mr. Kelly then spoke of the two garage designs which have already been prepared and the increased cost to the applicant by not being able to use a wall of the house for the garage. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Rene & Rosalba Wolf requesting permission to construct an attached garage on the southerly side of the existing single family dwelling to be located 0.6 m (2 ft.) from the lot line rather than the required 1.2 m (4 ft.) on Lot 117, Registered Plan 651, 62 Brentwood Avenue, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried 2. Submission No. A 45/97 - Marie Peever, 550 King Street East, Kitchener, Ontario Re: Part Lots 1 & 2, Registered Plan 100 and Part Lots 9, 10 and 11, Registered Plan 323, 530 - 550 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: Mr. H. Karenbrock 9 Cameron Street North Kitchener, ON WRITTEN SUBMISSIONS: IN SUPPORT: Ms. M. Peever 550 King Street East Kitchener, ON CONTRA: NONE The Committee was advised that the applicant is requesting permission for 16 parking spaces to be 5.41 m (17.75 ft.) in length rather than the required 5.49 m (18 ft.) and permission to locate 9 parking spaces up to the Iotline along King Street rather than being setback 3 m (9.85 ft.) from the Iotline along King Street. The Committee noted the comments of the Department of Planning & Development is which they advised that application to the Committee of Adjustment is submitted which requests seven parking spaces located at the property municipally known as 550 King Street East to be a minimum length of 5.4 metres, whereas Section 6.1.1d requires parking spaces to be a minimum length of 5.49 metres. In addition, the application also request a zero setback from the streetline, whereas Section 6.1.1(a)(iv) requires a setback of 3 metres from the streetline. The lands have recently been developed as a plaza complex and COMMITTEE OF ADJUSTMENT 92 MARCH 25, 1997 2. Submission No. A 45/97 - Marie Peever - cont'd an existing site plan agreement is registered on title of the subject lands. In review of the subject application and the parking requirements under the plaza regulations, the Department has noted that the required number of parking spaces is 37. In review of the site plan, along with available survey plans, it is noted that only 34 parking spaces can be accommodated on the subject lands. This matter has been discussed with the applicants who have advised that they wish to include an additional variance related to a parking reduction of 3 spaces as the lands proposes 34 parking spaces whereas the zoning by-law requires 37 based on plaza requirements. The Department recommends that a deferral of the application be considered so that the Department and the applicant can finalize the exact number of parking spaces available on the lands, and also, to allow proper notification to surrounding neighbours advising of the additional variance required within this application. The Department of Planning and Development recommends that the Application for Minor Variance A 45/97 be deferred until Committee of Adjustment Meeting of April 15, 1997, and that notification be circulated to surrounding neighbours advising of a required additional variance for required parking spaces. The Committee considered the written submission of Ms. M. Peever requesting that consideration of this application be deferred. Mr. Karenbrock addressed the Committee advising that he understood that the application is to be deferred but he wished to go on record as being opposed to the application and he wished to be advised of all subsequent meetings. Based on the fact that additional variances may be required and recirculation of the application would therefore be required, the Committee agreed to defer consideration of this application to the meeting to be held on May 6, 1997. 5. Submission No. A 46/97 - Capital Homes Inc., 532 Pinnacle Drive, Kitchener, Ontario Re: Part Block 5, Registered Plan 1822, Being Part 12, Reference Plan 58R-10109, 251 Grey Fox Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. A. Belsky Capital Homes 532 Pinnacle Drive Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of a single family dwelling with a westerly sideyard of 0.92 m (3.02 ft.) rather than the required 1.21 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of an existing single family dwelling with a westerly sideyard of 0.92 m (3.02 ft.) rather than the required 1.20 m (3.93 ft.). The requested variance maintains the general intent and purpose of the by-law as the remaining westerly sideyard is still sufficient to allow for exterior maintenance of the subject dwelling. In addition, the .992 m remaining would not appear to adversely affect the neighbouring property owners enjoyment of their land. COMMITTEE OF ADJUSTMENT 93 MARCH 25, 1997 5. Submission No. A 46/97 - Capital Homes Inc. - cont'd As the variance requested recognizes an existing situation and is minor in nature, we recommend approval subject to the variance applying only to the existing development as shown on the surveyor's report prepared by McKechnie Surveying dated December 20, 1996. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advises that the Division has no concerns or comments with respect to this submission. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Capital Homes Inc. requesting legalization of a single family dwelling with a westerly sideyard of 0.92 m (3.02 ft.) rather than the required 1.21 m (4 ft.) on Part Block 5, Registered Plan 1822, Being Part 12, Reference Plan 58R-10109, 251 Grey Fox Drive, Kitchener, Ontario BE APPROVED subject to the following condition: That the variance as approved in this application shall apply to the existing development only as shown on the surveyor's real property report prepared by McKechnie Surveying Ltd., dated January 16, 1996. 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 47/97 - Ottawa-River Developments Inc., 2851 John Street, Markham, Ontario Re: Part Lot 1, Compiled Plan 90, Part Lots 1 & 7, Compiled Plan 964 and Part Lots 30 & 31 and Part Block B, Registered Plan 1307, 1020 Ottawa Street North, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. N. Lichty c/o 1020 Ottawa Street North Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing canopy on Building B, which encroaches 1.8 m (6 ft.) into the required 7.5 m (24.61 ft.) setback from River Road rather than the permitted 0.6 m (2 ft.) encroachment. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of an existing canopy on Building B, which encroaches approximately 1.8 m (6 ft) into the required 7.5 m (24.62 ft) setback from River Road rather than the permitted 0.6 m (2 ft) encroachment. The subject property is a commercial plaza which consists of five free-standing buildings. Building 'B', COMMITTEE OF ADJUSTMENT 94 MARCH 25, 1997 which abuts the River Road, received site plan approval when it was originally built in 1991. However, the canopy overhang 3. Submission No. A 47/97 - Ottawa-River Developments Inc. - cont'd was not indicated on the site plan and consequently the encroachment was not identified at that time. As a result of a new survey being submitted to this department, the encroachment has been identified. Visually, the subject canopy is in keeping with the aesthetics of the rest of the plaza. Although the encroachment is three times what is permitted by the by-law, a setback of approximately 5.7 metres (18.7 ft) is still maintained from River Road. Since the canopy is an extension of the roof it is elevated above grade and therefore there are no visibility concerns regarding traffic entering or exiting the property. The foundation of the building itself is setback 7.53 metres (24.7 ft) from River Road and this setback does comply with the zoning by-law. Based on the above it is noted that the impact of the variance is minor and is in keeping with the appropriate development of the property. It is the opinion of staff that the variance is minor in nature and the general intent of the by-law can be met. It is noted that as the survey on file in the Department of Planning and Development is newer than the site plan submitted by the applicant it is suggested that the variance approval be given relative to the survey prepared by J. Douglas Ansley Ltd, dated January 23, 1997. The Department of Planning and Department recommends approval of the variance applying to the structure as shown on the survey, dated January 23, 1997, prepared by J. Douglas Ansley Ltd. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advises that the Division has no concerns or comments with respect to this submission. Moved by Mr. W. Dahms Seconded by Mr. D. McKnight That the application of Ottawa-River Developments Inc. requesting legalization of an existing canopy on Building B, which encroaches 1.8 m (6 ft.) into the required 7.5 m (24.61 ft.) setback from River road rather than the permitted 0.6 m 2 (ft.) on Part Lot 1, Compiled Plan 90, Part Lots 1 & 7, Compiled Plan 964 and Part Lots 30 & 31 and Part Block B, Registered Plan 1307, 1020 Ottawa Street North, Kitchener, Ontario BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the existing canopy only as shown on the survey prepared by J. Douglas Ansley Ltd., dated January 31, 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. 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 48/97 - Activa Development Corporation, 735 Bridge Street West, Waterloo, Ontario Re: Part Block 5, Registered Plan 1822, Being Part 23, Reference Plan 58R-9950, Corner of Grey Fox Drive and Queen Charlotte Crescent, Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. J. Griesbaum 735 Bridge Street West Waterloo, ON COMMITTEE OF ADJUSTMENT 95 MARCH 25, 1997 4. Submission No. A 48/97 - Activa Development Corporation - cont'd CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The applicant is requesting permission for the driveway for this lot to enter the property from Grey Fox Drive. The proposed driveway would be located 8.2 m (26.91 ft.) from the intersection of Grey Fox Drive and Queen Charlotte Crescent rather than the required 12 m (40 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is a corner lot within Registered Plan 1822, known as Laurentian Forest subdivision in the Ottawa Street South/Fischer-Hallman Road area. The lot is designated Low Rise Residential in the City's Municipal Plan and is zoned Residential Four Zone (R-4) according to Zoning By-law 85-1. The Zoning By-law requires a minimum corner lot width of 15 metres with a minimum distance separation of 12 metres from the driveway to the intersection. The property conforms with the minimum corner lot width. While it is possible to conform with the required 12 metre distance from the driveway to the intersection, to do so would require an odd configuration which inhibits proper use of the driveway and easy access. In order to provide a driveway which travels directly from the street at the full width of the garage, a reduction in the distance from the intersection to the driveway from 12 metres to 8.2 metres would be required. Alternatively, a differently designed house could be built on the lot, providing a driveway from Queen Charlotte Crescent, in compliance with the by-law. However, the variance is requested in order to achieve a standard driveway configuration and to achieve a design which is consistent with other developed corner lots within the subdivision. In reviewing this application, the Department of Planning and Development is of the opinion the requested variance meets the general intent of both the Municipal Plan and Zoning By-law, is minor in nature and is appropriate for the development of the subject property. Accordingly, the Department of Planning and Development recommends approval of Minor Variance Application A 48/97, without conditions. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that the Division has no concerns or comments with respect to this submission. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of Activa Development Corporation requesting permission to locate the driveway 8.2 m (26.91 ft.) from the intersection of Grey Fox Drive and Queen Charlotte Crescent rather than the required 12 m (40 ft.) on Part Block 5, Registered Plan 1822, Being Part 23, Reference Plan 58R-9950, Corner of Grey Fox Drive and Queen Charlotte 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 CONSENT COMMITTEE OF ADJUSTMENT 96 MARCH 25, 1997 UNFINISHED BUSINESS Submission No. B 5~97 - Waterloo North Condominium Corporation No. 149, 101 Holiday Inn Drive, Suite 202, Cambrid.qe, Ontario. Re: Parts 21-26, Reference Plan 58R-6445, 10 Pioneer Drive, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application as his law firm represents the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. S. Cameron 700-22 Frederick Street Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever the daycare building from the remainder of the condominium corporation. 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 separate the ownership of the former day care centre (addressed as 10 Pioneer Drive) from the remainder of the residential condominium development (addressed as 54 Green Valley Drive). Application has been made for Institutional zoning on the lands to be severed, as the use would no longer be accessory to the residential development but would be a freestanding institutional use. At the January 14 meeting of Committee of Adjustment the severance was deferred until the zone change application (ZC 961421PIJW) was considered by Planning and Economic Development Committee. This has now taken place, and the zone change by-law was passed on March 3, 1997. The land to be severed provides storm water management for a portion of the lands to be retained, and provides pedestrian access from the townhouse site to Pioneer Drive and the Homer Watson Boulevard intersection. Continued provision of the pedestrian access is particularly important as lands around the intersection are identified in the Municipal Plan as a Secondary Node. The application should be revised to include the granting of an easement for storm water management and a right-of-way for pedestrian access, both in favour of the retained lands. Because there will be revisions to the layout of parking spaces and the design of the storm water management facility, the exact location of the easement and right-of-way are not yet known. Therefore, the applicant will be requesting a blanket easement/right-of- way for all lands south of the existing building. The exact extent of the easement/right-of-way is to be approved by the Manager of Community Planning and Development Review before the severance is finalized. The property is subject to a registered site plan agreement. After conveyance of the land to be severed, it will be necessary to revise the site plan for the land to be retained, and to register a new site plan agreement for the land to be severed. It is anticipated that additional parking spaces will be provided on the severed land, and that a revised storm water management plan will be required. After registration of the new agreement, the current agreement may be released from the severed lands. Vehicle access to the severed lands will be from Pioneer Drive only, in order to minimize impact on the residential neighbourhood. The severance is recommended as, aside from maintenance, the former day care site has been functioning independently from the townhouse site and will continue to do so. 1. Submission No. B 5/97 - Waterloo North Condominium Corporation No. 149 - Cont'd The Department of Planning and Development recommends approval of Application B 5/97, as revised to COMMITTEE OF ADJUSTMENT 97 MARCH 25, 1997 include the granting of an easement for storm water management and a right-of-way for pedestrian access, both in favour of the retained lands, subject to the following conditions: 1. That Zone Change Application ZC 96/42/P/JW receive final approval. That a minimum 1.8 m solid wood fence be erected along the boundary between the rear of the townhouse units and the lot to be severed. That an agreement, to be approved by the City Solicitor, be entered into between the owner of the severed land and the owner of the retained land, which will ensure that the right-of-way for pedestrian access and the easement for storm water management are maintained in perpetuity, and that said agreement be registered against the title of the severed land. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of any required service connections to the severed lands. That a draft reference plan showing the proposed right-of-way and easement be approved by the Manager of Community Planning and Development Review. 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 Kitchener-Wilmot Hydro which they requested that the applicants be required to make satisfactory arrangements for the provision of electrical servicing to the severed lands and grant any easements requirements by the Commission. Mr. Cameron distributed copies of a plan showing the proposed location of the easement/right-of-way noted in the Planning Department comments and requested permission to amend the application accordingly. The Committee agreed to consider the amendment. Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of Waterloo North Condominium Corporation No. 149 requesting permission to convey a parcel of land having a width of 79.809 m (261.8 ft.) having an irregular shape, having an area of 1 acre; subject to an easement and right-of-way on Parts 21 - 26, Reference Plan 58R-6445, 10 Pioneer Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the granting of any easements required by them. 3. That the owner shall receive final approval of zone change application ZC 96/42/PJW. That the owner shall erect a 1.8 m (6 ft.) solid wood fence along the boundary between the rear of the townhouse units and the land to be severed. That the owner of the severed lands and the owner of the retained lands shall enter into an agreement, to be approved by the City Solicitor and registered on title of the severed lands, which shall ensure that the right-of-way for pedestrian access and the easement for storm water management are maintained in perpetuity. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of any required service connections to the severed lands. 1. Submission No. B 5~97 - Waterloo North Condominium Corporation No. 149 - Cont'd That the owner shall provide a draft reference plan, showing the proposed right-of-way and easement, to the Manager of Community Planning & Development Review, for approval. 8. That the owner shall make arrangements with the City of Kitchener for the payment of any COMMITTEE OF ADJUSTMENT 98 MARCH 25, 1997 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 March 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. 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 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: CONTRA: The NONE NONE Mr. S. Grant 235 King Street East Kitchener, ON NONE Committee was S. Grant, agent for the applicant, to defer consideration of this application to the meeting to be held on April 15, 1997 and the Committee agreed to this request. in receipt of a request from Mr. APPLICATIONS Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Prange, 11 Nelson Avenue, Kitchener, Ontario Re: Part Lots 41, 42 and 43, Small Lots North of Peter Horning's Tract, 11 Nelson Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Voisin 421 Greenbrook Drive Kitchener, ON CONTRA: NONE 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 99 MARCH 25, 1997 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant requested permission to sever 3 new lots and a 4th parcel to be added to the abutting lands fronting on Nelson Avenue. The applicant is now requesting permission to amend Submission No.'s B 16/97 & B 17/97, at the recommendation of the Department of Planning & Development. These parcels of land will now have the following dimensions: Submission No. B 16/97 (amended) Lot Width: Lot Depth: Lot Area: 20.43 m (67.03 ft.) 33.032 m (108.38 ft. ) 674.76 m2 (7,263.3 sq. ft.) Submission No. B 17/97 (amended) Lot Width: Lot Depth: Lot Area: 11.28 m (37.01 ft.) 86.888 m (285.07 ft.) 2,102.54 m2 (22,632.3 sq. ft.) As a result of these amendments, an Application for Minor Variance, Submission No. A 49~97, is required, as the lot width of 11.28 m (37.01 ft.), for Submission No. B 17/97, is less than the by-law requirement of 13.7 m (45 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant requests consent to sever three new lots fronting Bloomingdale Road, and an addition to a lot fronting Nelson Avenue. The retained land contains a single detached dwelling fronting Nelson Avenue. The consent applications were deferred from February 25 to allow for consideration of a concurrent Application for Minor Variance. The undeveloped portion of the subject lands, together with undeveloped portions of abutting lands owned by Vogel and Misener, as shown on Map 1, have been identified in the Bridgeport East Community Plan as having potential for future development by plan of subdivision. The Community Plan contains the following policy: "lnfilling requiring an extension of a new road must occur by way of plan of subdivision. Where appropriate, and with the agreement and participation of property owners, Block Plans will be prepared and approved by Council prior to the acceptance of a draft Plan of subdivision for lands requiring the dedication of a road right-of-way. Further, in the absence of an approved Block Plan, severance of properties fronting onto Bloomingdale Road and Stanley Avenue which prejudice the further development potential of the orderly infilling development of lands in the interior area of the block will not be supported. New single detached residential lots shall be permitted by way of severance and do not require Plan of Subdivision provided that the property to be severed has frontage onto the existing public street in conformity with the Zoning By-law provisions and provided that no new dedication of land is required to obtain such frontage." When application was made on abutting lands to the east (Bretz/Vogel, B 58-60/96) for consent to sever three lots fronting Bloomingdale Road, Planning staff met with owners of all affected lands to discuss the issue. It was determined that a block plan is not necessary as the consents would not prejudice the further development potential of the orderly infilling development of lands in the interior area of the block. Concept plans showing potential road location and lotting patterns were considered, and the easterly limit of the potential future road fixed at the westerly limit of B 60/96. 1 .Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe -cont'd While there is no immediate intention to create a plan of subdivision, the potential for future subdivision was protected as the rear lands were retained in one ownership and cannot be developed without further COMMITTEE OF ADJUSTMENT 100 MARCH 25, 1997 consent. The same principles apply to the Prange applications. Lots fronting Bloomingdale Road may be severed without the need for a block plan, provided that they do not prejudice the further development potential of the orderly infilling development of lands in the interior area of the block. Rear lands should not be fragmented but be retained in as few parcels as possible to allow for future consolidation and development. Application B 15/97 is recommended as the lot width complies with the minimum 15 m required by Policy 5.2.1 of the Bridgeport East Community Plan. The lot depth provides for a building envelope which accommodates the 12 m setback from an arterial road. Similarly, Application B 16/97 is recommended; however, as this lot would become a corner lot at such time as the rear lands are subdivided, it should be handled in the same manner as the future corner lot severed in application B 60/96, which required an agreement acknowledging that the lot may in the future become a corner lot, and prohibiting the construction of buildings, or fences exceeding 0.91 metres in height, on the most westerly 4.5 metres of the lot. As the easterly limit of the future road is now fixed, and the road allowance width would be 16.0 metres, the application should be revised so that the limit of B 16/97 is exactly 16.0 m from the limit of B 60/96, as shown on Map 2. Based on the above the width of B 17/97 would be 11.428 m, which together with the 4.572 m width of the Vogel property would provide the necessary 16.0 m road allowance width. Even if B 17/97 had 16 m width on its own, it could not be subdivided without the inclusion of the Vogel lands, as the construction of a cul-de-sac bulb would leave insufficient area for developable lots. In order to allow B 17/97 to be severed as a building lot, rather than as a future development block, it is necessary to ensure that any permanent structure erected on the lands is situate so as not to "prejudice the further development potential of the orderly infilling development of lands in the interior area of the block." An agreement is recommended, requiring the approval of building locations by the Manager of Community Planning and Development Review. This allows for the lot to be developed as a single building lot in the short term, and protects the long term subdivision potential. The most likely location of a dwelling would be immediately to the rear of B 16/97. In order to demonstrate that future development potential is not prejudiced, it may be necessary for the owner/purchaser to conduct studies similar to those required for a draft plan of subdivision, including a storm water management design to show that a proposed building location does not interfere with the location of a future storm water management facility for the subdivision. If this cannot be demonstrated, the lot to be severed in B 17/97 might not be permitted to develop in advance of a subdivision. The Regional Municipality of Waterloo has requested dedication of a 7.62 m daylight triangle, which is a standard subdivision requirement at the intersection of a local road and a Regional road. However, in this case the local road is not yet proposed but is merely being reserved in anticipation of future subdivision. In order to allow for future dedication of the triangle by the subdivider (i.e. the owner of B 17/97), rather than attempting to acquire the land from the owner of B 16/97, the triangle should be part of the lands to be severed in B 17/97, as shown on Map 2. Otherwise, B 16/97 may be considered premature until the rear lands are subdivided. Submission A 49/97 requests reduction of the lot width from the minimum 13.7 m required in the zoning by-law to 11.28 m. The inclusion of the triangle together with the revision to B 16/97 increases the lot width of B 17/97 to 13.048 m, measured 6.0 m from the street line along Bloomingdale Road. Therefore Submissions B 17/97 and A 49/97 should be revised to show a lot width of 13.048 m. 1 .Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe -cont'd The impact of the variance is minor as this portion of the lot cannot be developed, and the width of the vacant land between B 16/97 and B 60/96 will be greater than 13.7 m. Furthermore as both neighbouring building lots are to become corner lots, each will be flanked by 4.5 m of undeveloped land. The general intent and purpose of the official plan and community plan is to establish a minimum standard lot width and to provide consistency in the width of building lots. The standard lot width in Bridgeport East is 15.0 m, and this was established as the community standard in the Community Plan COMMITTEE OF ADJUSTMENT 101 MARCH 25, 1997 approved in 1981. The general intent and purpose of the zoning by-law is similar; however the city-wide standard is 13.7 m rather than 15.0 m. In this case the intent of the by-law and plan is maintained as the portion of the lot fronting Bloomingdale Road is not a buildable portion of the lot. The variance is desirable for the appropriate development of the lands as it establishes the lateral limits of the future 16 m road allowance, together with the Region's daylight triangle. There is substantial lot width in the location of the likely building envelope. Staff recommend refusal of Application B 18/97, which proposes the conveyance of a lot addition to 15 Nelson Avenue. The proposal must be considered in the context of the property ownership pattern for all undeveloped lands in the interior of this block, as shown on Map 1. Such a conveyance would jeopardize the potential development of a cul-de-sac in any of the alternatives that were explored with abutting land owners. The lands proposed to be conveyed are a necessary part of all alternatives explored. Not only would this require the co-operation of 4 property owners rather than 3, but could have the effect of preventing the inclusion of the Misener lands to the south. All of the recent planning efforts have been directed towards maintaining underdeveloped lands in a configuration which encourages consolidation and protects the eventuality of future infilling subdivision. Fragmentation of the lands is contrary to this purpose. As a result, staff do not support this lot addition, and recommend that the subject lands remain with the lands to be severed in B 17/97 for future subdivision. The Department of Planning and Development recommends the following: That Application A 49/97, revised to request a lot width of 13.048 m, be approved without conditions. That Application B 15/97 be approved subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 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 boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 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 satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That Application B 16/97 as revised to have a frontage of approximately 12.662 m and a width at the rear lot line of approximately 20.282 m, be approved subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 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 boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd 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 satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 5. That Minor Variance Application A 49~97 receive final approval. That an agreement be entered into and registered on title of the severed lot, acknowledging that the lot may in the future become a corner lot, requiring the driveway to be located on the west side of the lot, and prohibiting the construction of buildings, or fences exceeding 0.91 metres in height, on the most easterly 4.5 metres of the lot. COMMITTEE OF ADJUSTMENT 102 MARCH 25, 1997 That Application B 17/97 as revised to have a frontage of approximately 19.048 m, a lot width of approximately 13.048 m, and to include the lands to be severed under Application B 18/97, be approved subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 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 boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 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 satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 5. That Minor Variance Application A 49~97 receive final approval. That an agreement be entered into and registered on title of the severed lot, acknowledging that the lot has the potential to be further subdivided in conjunction with abutting lands, and prohibiting the construction of any permanent structure without its location being approved by the Manager of Community Planning and Development Review so as to ensure that such construction does not prejudice the further development potential of the orderly infilling development of lands in the interior area of the block. Such approval may require supporting studies similar to those required for a draft plan of subdivision, including a storm water management design to show that a proposed building location does not interfere with the location of a future storm water management facility for the subdivision. If this cannot be demonstrated, the subject lands may not be permitted to develop in advance of a subdivision. That application B 18/97 be refused. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, dated February 21, 1997, in which they advised that the purpose of Submission No.'s B 15/97 and B 16/97 is to create two residential lots with frontage on Bloomingdale Road (Regional Road No. 20). Region staff have no objection to proposed parcels 1 and 2, provided the owner obtains a Regional Road entrance permit for each lot as a condition of approval. The access to parcel 2 must be located at the extreme westerly limit of the parcel to maintain a suitable separation distance from the future street (cul-de-sac) intersecting with Bloomingdale Road immediately to the east. As a condition of approval, we will also require the applicant to submit and detailed grading and drainage control plan for the review and approval of the Regional Commissioner of Engineering. The completed plan must show all existing and proposed connections to municipal services, and illustrate the drainage detail of the subject lots, abutting lots and the road allowance, to ensure compatible 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd drainage. In addition, Regional staff have reviewed the potential impact of traffic noise from Bloomingdale Road on the proposed lots. The predicted indoor night time noise levels of this location exceed the Region's noise level objectives by 6 to 10 decibels. As such, we will require the owner to enter into a registered agreement with the Region to implement the following noise attenuation measures: Each dwelling constructed on the proposed lots must be installed with a forced air-ducted heating system suitably sized and designed to permit the future installation of an air conditioning system by the occupant; and The following noise warning clause is required on all development agreements, offers of purchase and sale and rental agreements: "Due to its proximity to Bloomingdale Road, projected noise levels on this property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. More over, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a air conditioning system." COMMITTEE OF ADJUSTMENT 103 MARCH 25, 1997 With respect to Submission No. B 17/97, the Region responded that there appears to be a discrepancy between the information provided in the application form and the detail shown on the associated sketch. The application form suggests that proposed parcel 3, 4, and 6 are to be considered as one larger parcel for residential use; however, the sketch clearly demarcates each parcel with individual dimensions which implies that three separate parcels would be created. If the intent of this application is to create three separate parcels as shown on the sketch, Regional staff wish to advise as follows: We understand that proposed parcel three would be used as a future lot addition to propose parcel two. This is required to maintain a suitable sideyard setback for parcel two once a future public street (cul-de-sac) is constructed across the frontage of proposed parcel four. Regional staff have no objection to the creation of parcel three, provided that a twenty-five foot daylighting triangle is conveyed from this parcel to the Region at the intersection of the future street and Bloomingdale Road. Regional staff note that parcel four could be used as a residential lot with direct access to Bloomingdale Road via a long driveway. We have no objection to this proposal provided the owner obtains a Regional Road Entrance Permit and submits and detailed grading and drainage control plan as noted in our comments for applications B 15/97 and B 16/97. Because of the large setback between the building envelope of this parcel and Bloomingdale Road, no noise attenuation measures are required. We note that proposed parcel six would have no direct access to a public street and would in effect be land locked. The Region does not support the creation of such lots as there is no means of gaining access or providing municipal services. With respect to Submission No. B 18/97 Regional staff understands that the purpose of this application is to convey purposed parcel five to the abutting residential property to the west, legally described as Part 6 on Reference Plan 58R-5934. While staff have no objection to this proposal, we believe that adding this lot to the abutting property may reduce the long term development/infilling potential of the abutting parcels to the north and east. Mr. Voisin addressed the Committee advising that the applicant is in agreement with the comments of City staff. He advised that the applicant is withdrawing Submission No. B 18/97. Mr. Voisin requested that the Committee consider amendments to the applications as outlined in the comments of the Department of Planning & Development and the Committee agreed to this request. Submission No. B 15/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Patricia Prange requesting permission to convey a parcel of land having a width on Bloomingdale Road of 15.24 m (50 ft.) by a depth of 333.024 m (108.35 ft.) and having an area of approximately 503.2 m2 (5,416.58 sq. ft.) on Part Lots 42 & 43, Small Lots North of Peter Hornings Tract, Bloomingdale Road and Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd Submission No. B 15/97 - Cont'd 1. That the owner shall obtain a Regional Road Entrance Permit. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Commission of Engineering. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to implement the following noise attenuation measures: a) Each dwelling constructed on the proposed lot must be installed with a forced air-ducted heating system suitably sized and designed to permit the future installation of an air conditioning system by the occupants; and further b) The following noise warning clause is required on all development agreements, offers of purchase and sale and rental agreements: "Due to its proximity to Bloomingdale Road, projected noise levels on this property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of an air COMMITTEE OF ADJUSTMENT 104 MARCH 25, 1997 conditioning system by the occupants." That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of all new service connections to the severed lands. 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, including street trees and a paved driveway ramp. 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 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 March 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 16/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Patricia Prange requesting permission to convey a parcel of land having a width on Bloomingdale Road of 12.66 m (41.55 ft.) by a depth of approximately 33.024 m (108.35 ft.) and a width along the rear 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd Submission No. B 16/97 - Cont'd Iotline of 20.282 m (218.32 ft.) on Part Lot 43, Small Lots North of Peter Hornings Tract, Bloomingdale Road and Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions BE APPROVED subject to the following conditions: 1. That the owner shall obtain a Regional Road Entrance Permit. That the owner shall obtain approval of a detailed grading and drainage control plan from the Regional Commission of Engineering. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to implement the following noise attenuation measures: a) Each dwelling constructed on the proposed lot must be install with a forced air-ducted heating system suitably sized and designed to permit the future installation of an air conditioning system by the occupants; and further b) The following noise warning clause is required on all development agreements, offers of purchase and sale and rental agreements: COMMITTEE OF ADJUSTMENT 105 MARCH 25, 1997 "Due to its proximity to Bloomingdale Road, projected noise levels on this property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of an air conditioning system by the occupants." That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of all new service connections to the severed lands. 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, including street trees and a paved driveway ramp. 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 make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 8. That the owner shall receive final approval of Submission No. A 49/97. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed lands, acknowledging that the lot may, in the future, become a corner lot requiring the driveway to be located on the westside of the lot and prohibiting the construction of buildings or fences exceeding 0.91 m in height on the most easterly 4.5 m of the lot. 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 March 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. 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd Submission No. B 16/97 - Cont'd 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 17/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Patricia Prange requesting permission to convey a parcel of land having a frontage on Bloomingdale Road of 19.048 m (62.5 ft.) and a width of 13.048 m (42.81 ft.) at a distance of 6 m (19.69 ft.) from the front Iotline, and a depth on the easterly side of 86.888 m (285.07 ft.) on Part Lots 41, 42 and 43, Small Lots North of Peter Horning's Tract, Bloomingdale Road and Nelson Avenue, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall obtain a Regional Road Entrance Permit. 2. That the owner shall obtain approval of a detailed grading and drainage control plan from the COMMITTEE OF ADJUSTMENT 106 MARCH 25, 1997 Regional Commission of Engineering. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of all new service connections to the severed lands. 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, including street trees and a paved driveway ramp. 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 make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 7. That the owner shall receive final approval of Submission No. A 49/97. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed lands, acknowledging that the lot has the potential to be further subdivided in conjunction with abutting lands and prohibiting the construction of any permanent structure without its location being approved by the City's Manager of Community Planning & Development Review, so as to ensure that such construction does not prejudice the future development potential of the orderly infilling development of lands in the interior area of the block. Such approval may require supporting studies similar to those required for a draft plan of subdivision, including a stormwater management design to show that a proposed building location does not interfere with the location of a future stormwater management facility for the subdivision. If this can not be demonstrated the subject lands may not be permitted to develop in advance of the subdivision. 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 March 25, 1999. 1. Submission No.'s B 15/97 - B 18/97 & A 49/97 - Patricia Pranqe - cont'd Submission No. B 17/97 - Cont'd 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 18/97 Withdrawn. Submission No. A 49~97 Moved by S. Kay Seconded by W. Dahms That the application of Patricia Prange requesting permission for a lot to have a width of 13.048 m (42.81 COMMITTEE OF ADJUSTMENT 107 MARCH 25, 1997 ft.) at a distance of 6 m (19.69 ft.) from the front lot line rather than the required 13.7 m (45 ft.) on Part Lots 42 and 43, Small Lots North of Peter Horning's Tract, Bloomingdale Road & Nelson 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. 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. B 21/97 - Frank & Gabriella Nyul, 90 Autumn Hill Crescent, Kitchener, Ontario Re: Part Lot 41, Registered Plan 1196, 17 Cecile Drive Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. & Mrs. F. Nyul 90 Autumn Hill Crescent Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever the two semi-detached dwellings at 15 & 17 Cecile Drive. The Committee noted the comments of the Department of Planning & Development in which they advised that application has been made to the Committee of Adjustment which proposes the severance of a parcel of land which is currently developed with one semi-detached dwelling. The requested severance will allow 2. Submission No. B 21/97 - Frank & Gabriella Nyul - cont'd the sale of each half of the dwelling to different owners. The lands were originally developed in 1967 with the addition of the carports at a later date. Both carports were built to the property line and attached to the carports on the abutting lands to create a linear townhouse effect along the street. The carport for 17 Cecile Drive was built in 1968 for which we have no records that a minor variance was ever received for the zero yard set back. In this regard, a minor variance is required to legalize the zero side yard for 17 Cecile Drive prior to dealing with this consent application. Committee of Adjustment approval was given in 1981 to allow the construction of a carport with a zero side yard for the property municipally addressed as 15 Cecile Drive. The Department of Planning and Development recommends deferral of Consent Application B 21/97 to the meeting of May 6, 1997, so that the owner may have the opportunity to apply to the Committee of Adjustment for a minor variance to legalize the westerly side yard for the property municipally addressed as 17 Cecile Drive. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they advised that the existing electrical service to the severed lands now crosses the retained lands. The service must be relocated to an existing easement across the rear of both parcels. COMMITTEE OF ADJUSTMENT 108 MARCH 25, 1997 Mr. Nyul addressed the Committee advising that the deferral would be a hardship. Mr. J. Willmer stated that the Committee could approve the application if they were satisfied that the carport location is legal non-conforming. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Frank & Gabriella Nyul requesting permission to convey a parcel of land having a width on Cecile Drive of 9.76 m (32 ft.) by a depth of 39.63 m (130 ft.) and having an area of 386.38 m2 (4,159 sq. ft.) on Part Lot 41, Registered Plan 1196, 17 Cecile Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owners shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the relocation of electrical services to the lands to be severed. That the owner shall obtain approval of an Application for Minor Variance on 17 Cecile Drive, as required. 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 March 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 Re: Submission No. B 19/97, B 20/97 & A 51/97 - Ivan and Tomislava Paroski, 39 Susan Crescent, Kitchener, Ontario Part Lot 8, Registered Plan 868, Being Parts 1 & 2, Reference Plan 58R-10506, 181 Morrison Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Messrs Ivan & Alex Paroski 39 Susan Crescent Kitchener, ON CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever two residential lots from COMMITTEE OF ADJUSTMENT 109 MARCH 25, 1997 this property and retain one residential lot containing the existing single family residence. The two new lots would each have a width of 12.19 m (40 ft.) by a depth of 45.72 m (150 ft.) and an area of 557.42 m2 (6,000 sq. ft.). An Application for Minor Variance, A 51/97, is required because the new lots would have a width 12.19 m (40 ft.) whereas the by-law requires a width of 13.716 m (45 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever two new single detached lots from the existing large lot located at 181 Morrison Road. The lands are presently developed with a single detached dwelling. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned Residential Three Zone (R-3) according to Zoning By-law 85-1. The Zoning By-law requires that all lots within the R-3 Zone have a minimum lot width of 13.7 metres and a minimum lot area of 464 square metres. The applicant proposes to sever two new lots, each having a lot width of 12.2 metres and a lot area of 557 square metres. Accordingly, a concurrent Application for Minor Variance has been submitted to permit a minimum lot width of 12.2 metres instead of the required 13.7 metres. As the proposed severances represent an infill situation of relatively wide lots which exceed the minimum required lot area, the requested variances can be considered to meet the general intent of both the Municipal Plan and Zoning By-law. Further, as the proposed lots would still allow for the construction of two single detached dwellings of a similar size and setting as those on neighbouring lots, the variance is considered minor in nature and appropriate for the development of the subject lands. Accordingly, the Department of Planning and Development recommends approval of Minor Variance Application A 51/97 and Consent Applications B 19/97 and B 20/97. The Department of Planning and Development recommends that Minor Variance Application A 51/97 be approved and Consent Applications B 19/97 and B 20/97 be approved, subject to the following conditions: 1. That Minor Variance Application A 51/97 receive approval. To make satisfactory financial arrangements with the City's Department of Public Works, for the installation of all new service connections to the severed lands. To install, at the Owner's cost and to the City's standards, boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. Said works are to be guaranteed through posting of a Letter of Credit or other suitable financial securities to the City's Department of Public Works and to the satisfaction of the City Solicitor. 3. Submission No. B 19/97, B 20/97 & A 51/97 - Ivan and Tomislava Paroski - cont'd 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. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advises that the Division has no concerns or comments with respect to this submission. The Committee noted the written submission of Ms. K. Fraser, Planner, CN Rail requesting that, as a condition of approval, a clause be inserted in all development agreements, agreements of purchase and sale or lease warning of the proximity of the railway right-of-way and accompanying noise. Submission No. B 19/97 Moved by Mr. D. McKnight Seconded by Mr. A. Galloway COMMITTEE OF ADJUSTMENT 110 MARCH 25, 1997 That the application of Ivan and Tomislava Paroski requesting permission to convey a parcel of land having a width of 12.19 m (40 ft.) by a depth of 45.72 m (150 ft.) and having an area of 557.42 m2 (6,000 sq. ft.) on Part Lot 8, Registered Plan 868, Being Part 1, Reference Plan 58R-10506, 181 Morrison Road, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owners shall receive final approval of Submission No. A 51/97. That the owners 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 owners shall install, at their 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. That the owners shall make satisfactory financial arrangements for the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners 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. 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 March 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 19/97, B 20/97 & A 51/97 - Ivan and Tomislava Paroski - cont'd Submission No. B 20/97 Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Ivan and Tomislava Paroski requesting permission to convey a parcel of land having a width of 12.19 m (40 ft.) by a depth of 45.72 m (150 ft.) and having an area of 557.42 m2 (6,000 sq. ft.) on Part Lot 8, Registered Plan 868, Being Part 2, Reference Plan 58R-10506, 181 Morrison Road, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owners shall receive final approval of Submission No. A 51/97. That the owners 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 owners shall install, at their 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. That the owners shall make satisfactory financial arrangements for the City of Kitchener for the COMMITTEE OF ADJUSTMENT 111 MARCH 25, 1997 payment of any outstanding municipal property taxes and/or local improvement charges. That the owners 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. 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 March 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. A 51/97 Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Ivan and Tomislava Paroski requesting permission for the two severed lots to have a frontages of 12.19 m (40 ft.) rather than the required 13.7 m (45 ft.) on Parts of Lot 8, Registered Plan 868, Being Parts 1 & 2, Reference Plan 58R-10506, 181 Morrison Road, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 3. Submission No. B 19/97, B 20/97 & A 51/97 - Ivan and Tomislava Paroski - cont'd Submission No. A 51/97 - Cont'd 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Mr. W. Dahms voted against these decisions because the requested condition of CN Rail was not imposed as a condition of these approvals. Submission No. B 22/97, B 23/97, B 24/97 & A 50/97 - Vace Investments Inc., 243 North Service Road West, Suite 1 Oakville, Ontario Re: Block 25, Registered Plan 1741, Hidden Valley Crescent, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 112 MARCH 25, 1997 IN SUPPORT: Mr. P. Dietrich 150 Water Street South Cambridge, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that a portion of this property lies behind the three lots to the east and the purpose of these applications is to sever that land into three pieces to be added to the lots in front, which have frontage on Hidden Valley Crescent. An application for Minor Variance is required because the retained lands will have an area of 1.34 hectares (3.3 acres) whereas a special provision in the zoning by-law requires this property to have an area of 2.27 hectares (5.6 acres). The Committee noted the comments of the Department of Planning & Development in which they advised that three consent applications have been filed to subdivide Block 25, an "L"-shaped block fronting the south side of Hidden Valley Crescent, to add Parts 1-3 of Block 25 to each of three abutting estate residential lots, Lots 5-7, respectively. Block 25 is currently 2.27 hectares in size and is intended to be used for the construction of an equestrian facility on that portion of the block above the floodline, with the remainder of the block, below the floodline and extending behind the estate Lots 5-7, to be used for equestrian riding. After the lot additions, the retained lands would consist of 1.378 hectares of land which would continue to provide the land area for the equestrian facilities, extending from Hidden Valley Crescent to Block 27, which is publicly owned. Nearby Block 26 is also held in the same title and is intended to be used for a riding area; a right-of-way is provided over Block 27 to provide a connection between these blocks. The severances and lot additions are appropriate as they will make the estate lots more marketable while sufficient land area remains for potential equestrian activity. The requested change is consistent with the provisions of the community plan and Municipal Plan. Should the consents be approved, the P-3 zoning would continue to regulate the use of the land being added to the residential lots. 4. Submission No. B 22/97, B 23/97, B 24/97 & A 50/97 - Vace Investments Inc. - Cont'd The minor variance application seeks approval of a variance created by the consents. A special provision in the zoning by-law applies to that portion of Block 25 zoned R-l, so as to permit equestrian uses within that portion of Block 25 zoned R-l, provided the minimum lot width and lot area is that which existed when it was rezoned in 1994. While the regulation applies only to the area of land shown within the bounds of the regulation, above the floodline, the regulation is worded such that the "lot area" must be maintained as it existed on the day the by-law was passed, implying that it could apply to the entire extent of Block 25, which actually constitutes "the lot". Through these severances, the area of Block 25 is being reduced from 2.27 hectares to 1.34 hectares, however, the area of land intended to by covered by special use provision 185 is not being changed. It is the opinion of the Department of Planning and Development that the variance is minor and fully maintains the intent of the by-law, by ensuring that the size of that portion of the lot covered by the special regulation provision is not reduced. It is appropriate as it continues to provide both a large enough area of land above the floodline for buildings and a large area below the floodline for riding and other equestrian activities, and continues to allow access to Block 26 for the same purposes, all in accordance with the provisions of the Municipal Plan. That Minor Variance application A-50/97 to reduce the lot area of Block 25 from 2.27 hectares to 1.34 hectares, be approved without conditions. That Consent applications B-22-24/97 each be approved subject to the following conditions: COMMITTEE OF ADJUSTMENT 113 MARCH 25, 1997 1. That Minor Variance application A-50/97 be approved. That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 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 advises that the Division has no concerns or comments with respect to this submission. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with these applications. The Committee noted the comments of the Grand River Conservation Authority in which they recommended that the City of Kitchener consider public ownership of the proposed lot additions as opposed to private ownership. However, in the event that the Committee finds merit with these applications, they recommended that the hazard zoning (P-3) be retained on the areas below the flood plain and that the City consider the application of conservation easements or restrictive covenants to restrict fencing and accessory uses. Further, she advised that the proposed lot additions may be in an area that experiences higher ground water table. The Regional Municipality of Waterloo may be able to provide monitoring well information in this regard as well as comments related to the adjacent Regional water intake. It has been the practice of the Grand River Conservation Authority to discourage the extension of lots within the flood plain when dealing with new subdivision proposals. This was certainly the case when the associated subdivision was developed as the rear property lines of the residential lots fronting a Hidden Valley Crescent are coincident with the regulatory floodline. Although no new lots have been created given their size, the proposed lot additions could create demand, as witnessed in other areas of the Grand River watershed, for fencing to delineate lands ownership and discourage access from the adjacent public lands, as well as accessory 4. Submission No. B 22/97, B 23/97, B 24/97 & A 50/97 - Vace Investments Inc. - Cont'd structures such as storage sheds, swimming pools, tennis courts, ponds or other amenities. Fencing within the flood plain is discouraged as they catch debris and block ice and water movement during flood events. Mr. McKnight questioned Mr. Dietrich concerning the Grand River Conservation Authority comments. Mr. Dietrich responded that he had discussed these applications with the Authority prior to submitting them and none of these comments were mentioned to him at the time. He felt that the comments with respect to fences were not appropriate. He advised that the Regional water intake is below the floodline and has fences. Further, since the dam has gone in, the flood line has changed even though it has not changed on paper. Submission No. B 22/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Vace Investments Inc. requesting permission to convey a parcel of land having a depth of 52.5 m (172.2 ft.) and an area of 0.17 hectares (0.421 acres) as a lot addition on Part Block 25, Registered Plan 1741, Hidden Valley Crescent, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 50~97. 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. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands with any subsequent conveyance complying with COMMITTEE OF ADJUSTMENT 114 MARCH 25, 1997 Subsections 50 (3) and/or (5) of the Planning Act. 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 March 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 23/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Vace Investments Inc. requesting permission to convey a parcel of land having a depth of 69.49 m (228 ft.) and an area of 0.27 hectares (0.677 acres) as a lot addition on Part Block 25, Registered Plan 1741, Hidden Valley Crescent, Kitchener, Ontario BE GRANTED subject to the following conditions: 4. Submission No. B 22/97, B 23/97, B 24/97 & A 50/97 - Vace Investments Inc. - Cont'd Submission No. B 23~97 - Cont'd 1. That the owner shall receive final approval of Submission No. A 50~97. 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. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands with any subsequent conveyance complying with Subsections 50 (3) and/or (5) of the Planning Act. 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 March 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 COMMITTEE OF ADJUSTMENT 115 MARCH 25, 1997 Submission No. B 24/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Vace Investments Inc. requesting permission to convey a parcel of land having a depth of 102.8 m (337.3 ft.) and an area of 0.446 hectares (1.103 acres) as a lot addition on Part Block 25, Registered Plan 1741, Hidden Valley Crescent, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 50~97. 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. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands with any subsequent conveyance complying with Subsections 50 (3) and/or (5) of the Planning Act. 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 March 25, 1999. 4. Submission No. B 22/97, B 23/97, B 24/97 & A 50/97 - Vace Investments Inc. - Cont'd Submission No. B 24/97 - cont'd 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. A 50~97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Vace Investments Inc. requesting permission for the retained lands to have an area of 1.34 hectares (3.3 acres) rather than the required 2.27 hectares (5.6 acres) on Part Block 25, Registered Plan 1741, Hidden Valley 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. COMMITTEE OF ADJUSTMENT 116 MARCH 25, 1997 CHANGE OF CONDITIONS Carried 1. Submission No. PC 1/97 - Rosen Estates Limited, 353 Manitou Drive, Kitchener, Ontario Re: Part Lot 4, Registered Plan 366, Lot 13 and Part Lots 5, 10, 16 & 19, Subdivision of Lot 18, German Company Tract, 329 Stirling Avenue South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Britton 171 Victoria Street North Kitchener, ON CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to extend the length of time in which to fulfill conditions 1, 3, 4, 5 & 6 of Submission No. B 19/96. The Committee noted the comments of the Department of Planning & Development in which they advised that the original application B-19/96 proposed to sever an industrial property located to the rear of properties fronting onto Mill 1. Submission No. PC 1/97 - Rosen Estates Limited - Cont'd Street adjacent to the Canadian National Railway property, into two parcels so that one of the main buildings and associated property can be conveyed. The application was approved by the Committee of Adjustment on March 19, 1996 and the last day for fulfilling the conditions of approval would be March 29, 1997. The owner has had some difficulty meeting the timing to satisfy the conditions and requests a change in conditions in order that such conditions can be satisfactorily met. Six conditions were originally imposed. Conditions 2, 4 and 6 have been met. It is recommended that conditions 2 and 4 no longer need to be imposed, however, with respect to Condition 6, it is in the City's interest that this condition regarding the payment of any outstanding taxes or local improvement charges be imposed again for the next one year period. This has been agreed to by the applicant. That PC 1/97 requesting permission to change the conditions of Provisional Consent B-19/96 be recommended so that the following conditions will apply to B-19/96: (revised) To install and maintain a 1.83 m (6 foot) high chain link fence along the mutual property line between the subject property and the C.N. Rail lands, save and except that portion necessary to access the active railway siding. Alternatively, the owner may enter into an agreement with the City, to the satisfaction of the City Solicitor, to install such fence. (old Condition 3) That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of new service connections to the severed lands. (old Condition 5) That the owner shall demarcate 45 parking spaces on the land to be severed to the satisfaction of the City's Manager of Community Planning and Development Review. COMMITTEE OF ADJUSTMENT 117 MARCH 25, 1997 (old Condition 6) That the owner shall make satisfactory arrangements to the City of Kitchener, for the payment of any outstanding municipal property taxes and local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objection to the change of conditions. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. Mr. P. Britton addressed the Committee advising that he concurs with the staff report. Moved by S. Kay Seconded by A. Galloway That the application of Rosen Estates Ltd. requesting permission to change the conditions of Submission No. B 19/96 on Part Lot 4, Registered Plan 366 and Lot 13 and Part Lots 5, 10, 16 and 19 Municipal Compiled Plan of Subdivision of Lot 18, German Company Tract, 329 Stirling Avenue South, Kitchener, Ontario BE GRANTED so that only the following conditions shall apply to Submission No. B 19/96: That the owner shall install and maintain the 1.82 m (6 ft.) chainlink fence along the mutual property line between the subject property and C.N. Rail lands, save and except that portion necessary to access the active rail siding; alternately, the owner may enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, to install such a fence. 1. Submission No. PC 1/97 - Rosen Estates Limited - Cont'd That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation of new service connections to the severed lands. That the owner shall demarcate 45 parking spaces on the lands to be severed, to the satisfaction of the City's Manager of Community Planning & Development Review. That the owner shall make satisfactory arrangements 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 March 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 ADJOURNED On Motion, the meeting adjourned at 12:00 noon. COMMITTEE OF ADJUSTMENT 118 MARCH 25, 1997 Dated at the City of Kitchener this 25th, day of March 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment