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HomeMy WebLinkAboutAdjustment - 1997-05-27COA\1997-05-27 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 27, 1997 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. Mr. J. Willmer, Intermediate Planner and Ms. D. H. Gilchrist, Secretary- Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 10:00 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 May 6, 1997, as mailed to the members, be accepted. Carried MINOR VARIANCE UNFINISHED BUSINESS 1. 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: WRITTEN SUBMISSIONS: Mr. H. Karrenbrock 9 Cameron Street North Kitchener, ON IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission for 11 off-street parking spaces to have a depth of 5.41 m (17.75 ft.) rather than the required 5.49 m (18 ft.); to have off-street parking with a 0 m setback from King Street rather than the required 3 m (9.85 ft.) and for a reduction in the number of parking spaces to 34 off-street parking spaces rather than the required 37. Mr. Karrenbrock addressed the Committee advising that he understood the applicants wanted a further deferral but he was in attendance to make the Committee aware that he is objecting to this application. Mr. J. Willmer advised that Planning staff have been in discussions with the applicant and Mr. Karrenbrock and it was his understanding that they would request a further deferral of this matter. Mr. A. Galloway commented on the repeated deferral of this application and suggested that it be deferred for a longer period of time until the applicants were prepared to come back. It was suggested that a deferral of six months may be appropriate and Mr. Galloway agreed to that length of time. The COMMITTEE OF ADJUSTMENT 170 MAY 27, 1997 Committee generally agreed with this deferral, being to the Committee of Adjustment meeting schedule for Tuesday November 18, 1997 on the understanding that it could be brought back sooner, if the applicants are prepared to proceed, but only if Mr. & Mrs. Karrenbrock are able to attend an earlier meeting. Submission No. A 59/97 - 839743 Ontario Limited, 81 Cedar Street South, Kitchener, Ontario Re: Part Lot 17, Plan 31,225-227 Weber Street West, Kitchener, Ontario. The Secretary-Treasurer advised the Committee that a written request for deferral, to the Committees meeting of July 15, 1997, has been requested by the applicants agent and the Committee agreed to defer consideration of this application to that meeting. APPLICATIONS 1. Submission No. A 70/97 - City of Kitchener, 200 King Street West, Kitchener, Ontario Re: Part of Part 19, Reference Plan 58R-7426, Washburn Drive, Kitchener, Ontario. The Committee was in receipt of a letter from the applicant advising that they have withdrawn this application. Submission No. A 71/97 - Sowa Tool & Machine Company Limited, 334 Manitou Drive, Kitchener, Ontario Re: Part Lots 3, 5 & 6, Registrar's Compiled Plan 1521, 334 Manitou Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Dagenais c/o Sowa Tool & Machine Co. Ltd. 334 Manitou Drive Kitchener, Ontario Mr. M. Janecek 213 Breithaupt Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct an addition to have a rearyard of 2.06 m (6.75 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to construct an addition to have a rearyard of 2.06 m (6.76 ft.) rather than the required 7.5 m (24.61 ft.). The subject site recently received approval from the Committee through Submission A 26/96 for an addition to the southerly side of the building which also varies the rear yard requirement of 7.5 metres. The proposed addition is to be used for warehouse purposes, will be located on the north side of the building and will be developed in line with the existing building. This proposal is appropriate for the development of the lot as it will be built in line with the existing structure and as such will not encroach into the required rearyard anymore than the remainder of the building. In this respect, the request can COMMITTEE OF ADJUSTMENT 171 MAY 27, 1997 also be considered minor in nature as the portion of the building which this addition will be attached to has existed for approximately 23 years without the city receiving any complaints. Additionally, the remaining 2.06 m would still be sufficient to allow for the exterior maintenance of the structure. 2. Submission No. A 71/97 - Sowa Tool & Machine Company Limited - cont'd It is the opinion of staff that the general intent of the by-law is being maintained and as such the Department of Planning and Development recommends approval of the requested variance as shown in the submitted site plan prepared by Paramount Construction Ltd. dated March 1997. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the proposed minor variance to reduce the rearyard setback to permit the construction of an addition at the northeast corner of the existing building. The Committee noted the comments of the Department of Engineering, Regional Municipality of Waterloo, in which they advised that upon submission of a Site Plan Application, they will require a detailed grading and drainage control plan and a stormwater management plan. The Committee discussed the comments of the Department of Engineering, Regional Municipality of Waterloo with respect to grading, drainage and stormwater management. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Sowa Tools & Machine Company Limited requesting permission to construct an addition to have a rearyard of 2.06 m (6.75 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lots 3, 5 & 6, Registrar's Compiled Plan 1521, 334 Manitou Drive, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to the proposed addition only as shown on the plan prepared by Paramount Construction Ltd., dated March 19, 1997. That the applicant shall obtain approval, from the Regional Commissioner of Engineering, for a grading and drainage control plan and a stormwater management plan. 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 Mr. J. Willmer advised the Committee that a Site Plan Control Application will be required for this property and the Region's concerns will be looked after through that process. 3. Submission No. A 72/97 - James McCormick, 33 Earl Street, Kitchener, Ontario Re: Lot 108, Registered Plan 248, 33 Earl Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. McCormick 33 Earl Street Kitchener, Ontario CONTRA: NONE COMMITTEE OF ADJUSTMENT 172 MAY 27, 1997 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE 3. Submission No. A 72/97 - James McCormick - cont'd The Committee was advised the applicants are requesting permission to construct a one storey, rear addition to have a right sideyard of 0.92 m (3.01 ft.) 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 applicant is requesting permission to construct a one storey rear addition to have a right side yard of 0.92 metres (3.01 feet) rather than the required 1.2 metres (4 feet). The applicant intends to extend the rear addition in line with the existing side yard of the existing main building as opposed to complying with the regulation of 1.2 metres (4 feet) which would off-set the building slightly. The proposed addition of a kitchen and family room will only be one storey addition even though the main building is two storeys. Staff feel the addition will have little impact on the abutting property owner to the north as there is an 8 foot high wooden privacy fence between the applicant and his neighbour. Further, the neighbour's garage and driveway provide additional separation and buffer. Staff are of the opinion that as this is a minor reduction of about approximately one foot and there is an existing privacy fence and garage/driveway separation, that there will be little impact on the abutting neighbour. This request can be considered minor in nature and meets the general intent of the by-law, as outlined above. The variance is desirable for the appropriate development and use of land. Accordingly, the Department supports the application. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a building permit is required for the new addition and there shall be no openings in a wall located less than four feet from the property line, with this wall having a 45 minute fire resistance rating. When questioned by the Committee, Mr. McCormick advised that this addition will be no closer to the Iotline than the rest of the house. Mr. S. Kay drew to the attention of the applicant the comments of the Director of Building, Zoning & Inspections. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of James McCormick requesting permission to construct a one storey, rear addition to have a right sideyard of 0.92 m (3.01 ft.) rather than the required 1.2 m (4 ft.) on Lot 108, Registered Plan 248, 33 Earl Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the applicant shall obtain approval of a building permit prior to constructing the new addition, with the wall located less than 4 ft. from the property line, shall contain no openings and shall have a 45 minute fire resistance rating. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 173 MAY 27, 1997 Submission No. A 73/97 - Karl & Alony Juche, 1104 Trussler Road, Ontario Part Lot 134, German Company Tract, 1104 Trussler Road, Kitchener, Ontario. Kitchener, APPEARANCES: IN SUPPORT: Mr. L. Proulx Facilities Management Division City of Kitchener CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a studio addition for a photography home business, to have a floor area of 71.6 m2 (770.73 sq. ft.) rather than the permitted 50 m2 (538.22 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located on Trussler Road, between Bleams Road and Huron Road. The property is approximately 2.2 hectares in size and is zoned Agricultural Zone (A-l) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling. The applicants are proposing to locate an artisans establishment (photography studio) as a home business within a 71.6 square metre area addition to the existing dwelling. The Zoning By-law specifies that a home business may only occupy up to 25 percent of the dwelling floor area, to a maximum of 50 square metres. Accordingly, the applicants are requesting a variance to permit a home business with a floor area of 71.6 square metres. The Zoning By-law caps home businesses at 25 percent of the floor area up to a maximum of 50 square metres in order to ensure that any home business remains secondary and subordinate to the primary residential use of the structure. In general, home businesses which exceed this size are considered to have the potential to operate beyond the scope of a typical home business and thus, have a detrimental impact on the surrounding residential area. In this particular case, the necessity of having such a large area devoted to the home business arises from the technical needs associated with a photographic studio in terms of the area needed to provide depth for the camera lens, and to accommodate the equipment used in the reception area for which the finished product is displayed and manipulated. While physically large in size, the home business would be operated by the residents of the dwelling and will be designed to accommodate three persons or less at any one time. With the proposed addition, the existing dwelling will have a floor area exceeding 316 square metres. The proposed home business, while occupying 71.6 metres, will make up less than 25 percent of the overall dwelling floor area and would clearly be secondary to the residential use. As such, the requested variance can be considered to uphold the general intent of both the Official Plan and Zoning By-law. In addition, given that the property is large and in a rural setting, the physical size of the home business would have very little, if any, impact on surrounding lands. Accordingly, the requested variance can be considered as being minor in nature and appropriate for the subject lands. The Department of Planning and Development recommends that Minor Variance Application A 73/97, to permit a home business (artisans establishment) with a floor area of 71.6 square metres, be approved, subject to the following condition: 1. That the owner obtain an occupancy permit for the proposed home business. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a building permit is required for the new addition. COMMITTEE OF ADJUSTMENT 174 MAY 27, 1997 4. Submission No. A 73/97 - Karl & Alony Juche - cont'd The Committee noted the comments of the Department of Engineering, Regional Municipality of Waterloo, in which they advised that this area of Trussler Road is not under the jurisdiction of the Region of Waterloo and they have no concerns with the application. The Chairman questioned Mr. Proulx as to whether the applicant intends to have a sign and Mr. Proulx responded that there will be minimal signage in compliance with the sign by-law. When questioned by the Committee, Mr. J. Willmer advised that he was not aware of what signage is permitted in an Agricultural Zone. When questioned by the Committee, Mr. Proulx advised that this house is located on a four acre lot. Mr. Dahms put forward a motion to approve the application provided that it was specifically for a photographic studio home business, as the applicant has indicated that this is the reason why he needs a larger floor area than what would normally be permitted for a home business. He advised that he would also have the application subject to obtaining a building permit and obtaining a occupancy permit. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of Karl and Alony Juche requesting permission to construct a studio addition for a photography studio home business, to have a floor area of 71.6 m2 (770.73 sq. ft.) rather than the permitted 50 m2 (538.22 sq. ft.) on Part Lot 134, German Company Tract, 1104 Trussler Road, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the applicant shall obtain approval of a building permit prior to constructing the new addition. That the owner shall obtain an occupancy permit for the proposed photographic studio home business. 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 74/97 - PI Auto Repairs & Wreckers Ltd., 16 Victoria North, Unit 2, Kitchener, Ontario Lot 170, Registered Plan 376, 202 Breithaupt Street, Kitchener, Ontario. Street APPEARANCES: IN SUPPORT: Mr. S. Kosky 71 Weber Street East Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 175 MAY 27, 1997 5. Submission No. A 74/97 - PI Auto Repairs & Wreckers Ltd. - cont'd The Committee was advised the applicant is requesting legalization of the expansion of the legal non- conforming autobody repair shop into the addition which was constructed in 1994 and the expansion of the legal non-conforming fourplex into the addition constructed in approximately 1980. In addition, the applicant is requesting permission for a change in legal non-conforming use from an autobody repair shop to an automobile repair shop, excluding autobody repair. In order to do this, they are requesting permission to raise the roof on the rear building, by not more than 0.91 m (3 ft.), to facilitate the installation and use of car hoists. They are also requesting permission to use 11.15 m2 (120 sq. ft.) of space on the ground floor of the fourplex, as an office accessory to the auto repair shop. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is developed with a residential building containing four dwelling units, and an industrial building used for auto body repair and automobile sales. All three are legal non-conforming uses. The M-1 Zone does permit multiple dwellings, but limits the number of units to three. Neither auto body repair nor auto sales is permitted in the M-1 Zone. The applicant is requesting permission to extend/enlarge both buildings, to legalize the residential addition built in 1980 and the industrial addition built in 1994. The applicant also requests permission to further enlarge the industrial building by raising the roof of the original (1980) portion by not more than 3 feet in order to allow for the installation of car hoists. In addition, the applicant requests permission to change the use of the industrial building from a legal non-conforming use (i.e. auto body repair) to a similar or more compatible use (i.e. auto repair not including auto body repair). Finally, the applicant requests permission to change the use of a 120 square foot portion of the residential building from residential use to office incidental to the auto repair and sales use. Planning and Development staff have no objection to either request relating to existing additions, as it would be impractical to require demolition of these structures. However, there is a "lean-to" addition at the rear of the lot which should be demolished, as it encroaches on the public lane, and violates the 1.0 metre rear yard requirement of the M-1 Zone. The request for permission to change the use from auto body repair to auto repair (not including auto body repair) is supported because auto repair is more compatible with uses permitted in the zone. Staff recommend that the auto body repair use be discontinued as the paint fumes and the hammering and grinding noises are incompatible with residential uses permitted in the M-1 Zone. The request to raise the roof of the original industrial building is recommended as this is intended to accommodate the installation of hoists for the auto repair use. At the same time, this addition does not increase the building coverage on an intensively used lot, and does not substantially perpetuate the existence of the use. The proposal to convert 120 square feet of the residential building to accessory office use is recommended as the office is compatible with uses permitted in the zone. The extent of the conversion is to be limited in order to prevent expansion of the office use. The Department of Planning and Development recommends approval of Submission A 74/97, subject to the following conditions: That accessory office occupy not more than 12 square metres of gross floor area of the building containing dwelling units; 5. Submission No. A 74/97 - PI Auto Repairs & Wreckers Ltd. - cont'd That the "lean-to" at the rear of the lot be removed, to the satisfaction of the Manager of Community Planning and Development Review, prior to August 31, 1997. No extension to this COMMITTEE OF ADJUSTMENT 176 MAY 27, 1997 completion date shall be granted unless approved in writing by the Manager of Community Planning and Development Review prior to the completion date set out in this decision. The Committee noted the comments of the Traffic & Parking Division, in which they advised that it was their understanding that there is no on-site parking requirement for the existing legal non-conforming uses on this property. As such, there only comment would be that the owner should ensure that the site is maintained in such a manor as to provide adequate parking to meet the practical needs of this operation. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a building permit is required to raise the roof and for any construction related to the new office in the existing residential building. It was clarified as to what was being asked for by the Department of Planning & Development about the lean-to to be demolished and the fact that the autobody use is to be discontinued on this site. Mr. D. McKnight questioned the Traffic comments with respect to on-site parking and Mr. J. Willmer clarified that Traffic is asking that the occupants do what they can to adequately address the use of parking spaces. He advised that the request is being made that the parking spaces on site actually be used for parking and not stacking vehicles. Mr. Kosky addressed the Committee and advised that he has met with staff before the application was made. The current owners bought the property as is. Things were done on this property without a permit, by the previous owner. The new owner has had a fire inspection and a building inspection made of the property and they now have a list of things which must be done. They are in the process of applying for the necessary permits which cannot be obtained until this application is approved. When questioned by the Committee, Mr. J. Willmer clarified that there are five components to this application; two to rectify uses that have taken place in the past, one to expand the building and two for changes of use. Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of PI Auto Repairs & Wreckers Ltd. requesting legalization of the expansion of the legal non-conforming autobody repair shop into the addition which was constructed in 1994; the expansion of the legal non-conforming fourplex into the addition which was constructed in 1980; permission for a change of legal non-conforming use from an autobody repair shop to an automobile repair shop excluding autobody repair, permission to raise the roof on the rear building, by not more than 0.91 m (3 ft.) to facilitate the installation and use of car hoists and permission to use 11.15 m2 (120 sq. ft.) of space on the ground floor of the fourplex, as an office accessory to the automobile repair shop on Lot 170, Registered Plan 376, 202 Breithaupt Street, Kitchener, Ontario BE APPROVED subject to the following conditions: That the owner shall obtain approval of a building permit to raise the roof of the rear building and for any construction required for the new office to be located in the existing residential building. That the accessory office shall not occupy more than 12 m2 of gross floor area of the building containing dwelling units. That the owner shall remove the "lean-to" at the rear of the lot, to the satisfaction of the Manager of Community Planning and Development Review, prior to August 31, 1997; with no extension to this completion date being granted unless approved in writing by the Manager of Community Planning and Development Review, prior to this completion date. 5. Submission No. A 74/97 - PI Auto Repairs & Wreckers Ltd. - cont'd It is the opinion of this Committee that: The use of this building is similar to the purpose for which it was used on the date the by-law was passed and is more compatible with the uses permitted by the by-law. Carried COMMITTEE OF ADJUSTMENT 177 MAY 27, 1997 Submission No. A 75/97 - Monarch Construction Limited, P.O. Box 20089, Park, Kitchener, Ontario Pioneer Re: Lot 123, Registered Plan 1710, Windrush Trail & Waterbridge Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Keep Metz & Lorentz 71 Weber Street East Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to locate the driveway 9.6 m (31.5 ft.) from the intersection 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 applicant is seeking approval to locate a driveway 9.6 metres from the intersection rather than the required 12 metres. The lot is situated at the corner of Windrush Trail and Waterbridge Court, in which case, there could be two alternative locations for the driveway, in compliance with the by-law. The first alternative would be to situate the house with its driveway fronting Windrush Trail. This is not preferable, as Windrush Trail will be a very busy road. The second option is to retain the dwelling's frontage on Waterbridge Court and shift the location of the dwelling away from Windrush Trail or reverse its orientation. Both of these options would be frustrated by the location of a hydro transformer in the boulevard, from which the driveway must be separated by 1.0 metre. Traffic staff do not have any concerns with the variance; therefor, the variance is minor and the intent of the by-law is met, as sufficient separation from the corner is provided to maintain safety. The variance is desirable for the appropriate development of the lot, as other alternatives have been ruled out. The Department of Planning and Development recommends approval of Submission A75/97. The Committee noted the comments of the Traffic & Parking Division in which they advised that, given the relatively Iow volume of traffic on Waterbridge Court and the minimal number of homes on this cul-de-sac (5) it is our view that the proposed driveway location will not create a significant traffic problem. It is further noted that the existing transformer in the boulevard is located directly in the centre of this property frontage and presents some limitations in the driveway positioning. The Committee commented on the plan submitted with the application with respect to the location of the foundation and Mr. Keep responded that a building permit was issued and the foundation is in. Mr. W. Dahms noted that similar applications have been before this Committee and questioned staff as to how this one compares with others which have been 6. Submission No. A 75~97 - Monarch Construction Limited - cont'd before the Committee. Mr. Willmer responded that this is similar to previous applications. He noted that Waterbridge Court has only about 5 lots on it, so there would be a minor amount of traffic. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission to locate a driveway 9.6 m COMMITTEE OF ADJUSTMENT 178 MAY 27, 1997 (31.5 ft.) from the intersection rather than the required 12 m (40 ft.) on Lot 123, Registered Plan 1710, Windrush Trail & Waterbridge Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 76/97-A 85/97 - Activa Development Corporation, 735 Brid.qe Street West, Waterloo, Ontario Re: Parts of Block 13, Registered Plan 58M-18 being Parts 92-101, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Griesbaum 735 Bridge Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, to allow for the construction of bungalows with double garages. The Committee noted the comments of the Department of Planning & Development in which they advised that Activa Development Corporation is requesting approval of minor variance applications affecting ten lots on Bush Clover Crescent so that the lot coverage could be 44% rather than the 40% permitted in the by-law. The lots are narrow, ranging from 10.3 metres (34 feet) to 11.9 metres (40 feet). The developer wishes to construct bungalows on these lots, targeting a more senior market. Because of the narrow width of the lots, the bungalows are only 26 feet wide and to achieve the floor area of 1560 square feet, are 60 feet in depth. The resulting lot coverage is 44%. The intent of the coverage requirement is to ensure sufficient yard area is provided and the dwellings do not appear as "monster homes" on a lot. The variance can be considered minor and maintaining the intent of the by-law as the increased coverage would be indistinguishable on the property. The minor variance allows for the appropriate development of the property, offering a more affordable housing product on a small lot while catering to a senior's market. All other R-4 regulations would be met. In the opinion of staff, the minor variance meets the tests of the Planning Act and is recommended for approval. 7. Submission No. A 76/97-A 85/97 - Activa Development Corporation - cont'd Submission No. A 76/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms COMMITTEE OF ADJUSTMENT 179 MAY 27, 1997 That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 92, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 77/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 93, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 78/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 94, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 7. Submission No. A 76/97-A 85/97 - Activa Development Corporation - cont'd Submission No. A 79/97 COMMITTEE OF ADJUSTMENT 180 MAY 27, 1997 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block '13, Registered Plan 58M-'18 being Part 95, Reference Plan 58R-'10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: '1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 80/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 96, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 81/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 97, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 7. Submission No. A 76/97-A 85/97 - Activa Development Corporation - cont'd COMMITTEE OF ADJUSTMENT 181 MAY 27, 1997 Submission No. A 82/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 98, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 83~97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 99, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 84/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 100, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 182 MAY 27, 1997 7. Submission No. A 76/97-A 85/97 - Activa Development Corporation - cont'd Submission No. A 85/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Activa Development Corporation requesting permission for a lot coverage of 44%, for the main dwelling unit, rather than the permitted 40%, on Part Block 13, Registered Plan 58M-18 being Part 101, Reference Plan 58R-10622, Bush Clover Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS Submission No. B 30/97 - Hallman Brierdale Ltd., 230 Gage Avenue, Kitchener, Ontario Re: Part Block 5, Registered Plan 1806, 24 Gregg Court, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. P. Stencek 913 Keewatin Place Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to create a lot for a single family dwelling. The lot will have a width of 11.969 m (39.27 ft.) by a depth of 46.32 m (151.97 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the application seeks consent approval to sever a lot intended for the construction of a single detached dwelling fronting onto Gregg Court. A single detached dwelling is intended to be constructed on the retained lands as well. Each proposed lot fully complies with the provisions of the zoning by-law. Typically, in such a situation, the lot is conveyed following approval of a part lot control by-law, as was done for most of the surrounding blocks. However, not all of the subject lands are contained within a registered plan; a portion of the closed right-of-way of Zeller Drive was added to Block 5 after its closing, creating the full parcel for development, ruling out the ability to be dealt with by part lot control. COMMITTEE OF ADJUSTMENT 183 MAY 27, 1997 1. Submission No. B 30/97 - Hallman Brierdale Ltd. - cont'd Staff have no concerns with the severance as it complies with the zoning by-law and implements the intent in the plan of subdivision. That B-30/97 be approved subject to the following condition: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Regional Municipal of Waterloo, in which they advised that they have no objection to the approval of this application. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Hallman Brierdale Ltd. requesting permission to convey a parcel of land having a width of 11.969 m (39.27 ft.) by a depth of 46.32 m (151.97 ft.) and an area of 458.6 m2 (4,936.49 sq. ft.) on Part Block 5, Registered Plan 1806, 24 Gregg Court, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 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 May 27, 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 APPLICATIONS 1. Submission No. B 33/97 - I. Biuk Construction Ltd., 1989 Old Mill Road, Kitchener, Ontario Re: Part of Biehn's Tract, 53 Doon Valley Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. I. Biuk 1989 Old Mill Road Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE COMMITTEE OF ADJUSTMENT 184 MAY 27, 1997 CONTRA: NONE 1. Submission No. B 33/97 - I. Biuk Construction Ltd. - cont'd OTHER: Mr. R. Hardie Richard Hardie & Associates Inc. 260 A Huron Road Kitchener, Ontario The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 15.24 m (50 ft.) by a depth of 38.10 m (125 ft.) and an area of 580.63 m2 (6,250 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has applied to sever the subject lands into two lots for semi-detached dwellings fronting Doon Valley Drive. The lands were previously used commercially. The site is now vacant as the commercial building was recently demolished. To the east of the property is vacant land owned by Conestoga College. To the west and south is an L- shaped residential lot zoned R-3, with a single detached dwelling (49 Doon Valley Drive) situate on the front portion of the lot. The extent of this lot is incorrectly shown on the severance sketch. The lot extends to the rear of the severance lands, and also includes a portion of the former Pinnacle Drive, which is closed by by-law. Staff have received inquiries about the residential development potential of 49 Doon Valley Drive, which is 3,480 square metres (0.86 acre) in area. If 49 Doon Valley was to be rezoned, the lands addressed as 53 Doon Valley may enhance development potential, as the two properties would have a more regular configuration and a total area of 4640 square metres (49, 960 square feet). However, no such zone change application has been made. In the event of a future proposal, the land could be redeveloped on its own, or in conjunction with lands to the west which are already zoned R-6 for Iow rise multiple dwellings. The subject property was the site of a service station/gas bar. A site assessment should be undertaken to determine whether there is environmental contamination on site. The Lower Doon plan allows semi-detached dwellings on Doon Valley Drive. Both the severed and retained lots comply with all zoning regulations. The proposal provides for the proper and orderly development of the lands. The Department of Planning and Development recommends approval of Application B 33/97, subject to the following conditions: That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the 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 and retained lands. 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 and retained lands. That the owner shall undertake a site assessment in accordance with the Guidelines for Use at Contaminated Sites in Ontario and shall submit a record of site conditions for acknowledgement of the Ministry of Environment and Energy, with copies of the record of site conditions and relevant reports being forwarded to the Regional Commissioner of Engineering. 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 Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that they have reviewed this application and have no concerns or COMMITTEE OF ADJUSTMENT 185 MAY 27, 1997 requirements. 1. Submission No. B 33/97 - I. Biuk Construction Ltd. - cont'd The Committee considered the written submission of Mr. R. Hardie, 260 A Huron Road, on behalf of a neighbouring property owner, being 1090596 Ontario Inc. in which he advised that he would appreciate some reference in the Committee's conditions of approval of this proposal that the owner not object to the redevelopment of adjacent lands as town houses or multiple dwellings, as permitted in R-6. The Committee briefly discussed the environmental concerns as noted in Mr. Hardies letter and in the Department of Planning & Development comments. It was Mr. D. McKnight's opinion that the comments in Mr. Hardies letter are irrelevant. Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of I. Biuk Construction Ltd. requesting permission to convey a parcel of land having a width of 15.24 m (50 ft.) by a depth of 38.10 m (125 ft.) and an area of 580.63 m2 (6,250 sq. ft.) on Part of Biehn's Tract, 53 Doon Valley Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 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'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 and retained lands. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation of all new service connections to the severed lands and retained lands. That the owner shall undertake a site assessment, in accordance with the Guidelines for Use at Contaminated Sites in Ontario and shall submit a record of site conditions for acknowledgement of the Ministry of Environment and Energy, with copies of the record of site conditions and relevant reports being forwarded to the Regional Commissioner of Engineering. That the owner shall make satisfactory arrangments 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 May 27, 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 186 MAY 27, 1997 Submission No. B 34/97 - Beechwood LKW Holdings Inc., Suite 2, 890 Glasgow Street, Kitchener, Ontario Re: Parts 1, 3, 4 & 5, Reference Plan 58R-8629, 890 Glasgow Street, Kitchener, Ontario. Based on the comments of the Department of Planning & Development, the Committee agreed to defer consideration of this application to the meeting to be held on Tuesday, June 17, 1997. Submission No. B 35/97 - Honsberger Lumber Inc., 10 Stewart Street, Kitchener, Ontario Re: Parts 1,2 & 3 Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario. Based on the comments of the Department of Planning & Development, the Committee agreed to defer consideration of this application to the meeting to be held on Tuesday, June 17, 1997. Submission No. B 36~97 - Canadian National Railway, 930-277 Front Street, Kitchener, Ontario Re: Part Lot 122, German Company Tract, Shirley Avenue & Victoria Street North, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as one of the objectors is a client of his law firm and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. N. Skinner Fraser & Beatty 1 First Canadian Place 100 King Street West Toronto, Ontario Mr. W. Bisch 250 Shirley Avenue Kitchener, Ontario CONTRA: Mr. A. Way 102-274 Shirley Avenue Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Goodacre Developments Ltd. & Dermik Holdings Ltd. 274 Shirley Avenue Kitchener, Ontario 1123766 Ontario Limited 201-274 Shirley Avenue Kitchener, Ontario Stotsbury Transfer Limited 300 Shirley Avenue Kitchener, Ontario The Committee was advised the applicant is requesting permission to sever a parcel of land, having an irregular shape and having an area of 0.715 hectares as a lot addition to land owned by Eaglebridge Inc. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to sever a parcel of land having an irregular shape and an area of 0.715 hectares. It is COMMITTEE OF ADJUSTMENT 187 MAY 27, 1997 4. Submission No. B 36~97 - Canadian National Railway - cont'd to be merged as a lot addition to the lands to the north owned by Eaglebridge Inc. and operated as Kitchener Forging, at 250 Shirley Avenue. The proposed severed parcel is vacant. The irregular configuration of the parcel is necessary as its primary purpose is to allow an extension of a railway spur from the CNR main line. The parcel has also a number of transport truck trailers from National Transport at 274 Shirley Avenue parked on the property which will have to be removed. The retained parcel, which has a frontage access off Shirley Avenue, is occupied by a transport depot and warehouse operated by Clarke Transport. The transport depot serves both trucking and railway operations. There is no proposed changes to the land use for the retained parcel. There is a septic bed system located at the north-east corner of the retained parcel which currently serves Clarke Transport and is intended to remain. Based on a site meeting with a representative of Clarke Transport and speaking with the owner's solicitor, the proposed severance line is clearly intended to avoid the septic system on the retained lands. Although the proposed severed parcel has a very irregular shape as a lot addition, in context with its proposed use, the Department deems that this addition is considered good planning. In addition, staff note that with the extension of a railway spur line onto the severed parcel, the spur line will be extended directly from lands owned by Canadian National Railway Company and not from the CNR rail right-of-way. Should the Canadian National Railway Company sell its private parcel of land, Eaglebridge would be without a direct spur line to the CNR right-of-way line. Accordingly, staff is of the opinion that the application should be amended to include an easement for rail access across the retained lands. The Department of Planning and Development recommends approval of the consent application as amended to include an easement for railway access and subject to the following conditions: That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands, as listed above. Any subsequent severance of the parcel to be severed shall apply to the Sections 50(3) and/or (5) of the Planning Act, 1990. 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 Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that they have reviewed the application and have no concerns or requirements. Mr. N. Skinner addressed the Committee and advised that C.N. has entered into a programme of divesting itself of surplus railway land. They have entered into an agreement with Mr. Bisch to convey these lands for a spurline, to access his property. Negotiations with Mr. Bisch first commenced when he relocated his business to Shirley Avenue; however, CN had not embarked on their programme to convey surplus lands at that time. The conveyance did not take place. Subsequently, Mr. Bisch has pursued the sale of the land. Concerning the adjacent land owners, they have identified an interest in buying the property adjacent to them; however, selling the land to Mr. Bisch will allow for a spurline which will improve his access to and use of the railway. Mr. Bisch addressed the Committee advising that he has operated Kitchener Forging for 51 years and has always bordered onto the CN Rail lines. His company manufacturers bridges and he has always shipped his product, across Canada, on the railway. He advised that when his business was located on Victoria Street, it caused traffic problems, so he purchased the Shirley Avenue property. This property was chosen because it had access to a rail siding. From the time he purchased the Shirley Avenue property, Mr. Bisch advised that he immediately began negotiations to purchase land for a spurline. At the COMMITTEE OF ADJUSTMENT 188 MAY 27, 1997 4. Submission No. B 36~97 - Canadian National Railway - cont'd time, the cost was prohibitive, when he was already putting out money to build a new factory and he could not afford it at that time. When CN Rail changed its policy about selling surplus land, Mr. Bisch advised that he then resumed negotiations with CN. Mr. Bisch then advised that the products he manufactures are bulky and it would be ideal to have the railway run right into his plant. He advised that he has to go back to shipping by rail because it is the only affordable way to ship these large, bulky products. Mr. Bisch then displayed a plan titled "Proposed Siding Feasibility for Kitchener Fording" dated October 28, 1995, showing a spur line running right into his plant. Mr. Bisch advised that this would allow the equipment in the plant to lift the bridge components onto the railway cars. Mr. S. Kay questioned how these products are presently loaded onto the railway. Mr. Bisch advised that he recently had to change to trucking, which is very expensive and inconvenient. Prior to this, he was using a railway siding on an adjacent property but he is no longer being allowed to do that. Mr. A. Way then addressed the Committee advising that he represents the property at 260 & 274 Shirley Avenue. He stated that he bought the property at 260 Shirley Avenue, from Mr. Bisch, one year ago. Mr. Way displayed photographs of the subject property and photographs showing the grade differential between the current railway and 260, 274 & 300 Shirley Avenue, between the Eaglebridge land and 260 Shirley Avenue and photographs of railway sidings on adjacent lands. Mr. Way advised of his concerns with respect to grading and rainwater run-off. He advised that there is a ditch on the railway lands and the bottom of the ditch is 1.8 m higher than his property. It was his opinion that the land would require a significant change in grading to stop the run-off from going onto his property. Mr. Way displayed a plan showing the location of properties on Shirley Avenue, the subject lands and rail line. Mr. Way was of the opinion that the cost to Mr. Bisch to install the spurline, including the cost of the grading and stormwater management, would be prohibitive and not be a good business decision. He felt that he and other abutting land owners should be entitled to buy the portion of the CN property abutting their lands. The Committee noted the written submission of the neighbourhood property owners in opposition to this application. Mr. A. Galloway stated his opinion that Mr. Bisch has a valid application and Mr. Way's comments are irrelevant to the application. He did not note anything in the comments which would prevent supporting the application. Mr. D. McKnight stated that he felt this to be a straight forward severance. He questioned whether site plan approval or agreements would be required. Mr. J. Willmer responded that the property at 250 Shirley Avenue is subject to a site plan agreement and this will be reopened by adding these lands. This will allow an opportunity to deal with drainage, grading, and stormwater management. Mr. Way addressed the Committee stating that he was not objecting to the spurline but he felt that the other abutting property owners should be able to buy the land abutting theirs. He stated that he felt that this was not proper and orderly development because it was not economically feasible for Mr. Bisch to pay for what would be required to develop this property for its intended use. Mr. S. Kay questioned whether CN is requesting an amendment to the application for the easement recommended by the Department of Planning & Development and Mr. Skinner advised that he is requesting permission to amend the application for the easement. Mr. A. Galloway put forward a motion to approve the amended application, subject to the easement being registered, a revision to the site plan agreement, that the lands be added to the abutting lands and that any outstanding taxes or local improvements be paid. Mr. D. McKnight seconded this motion. Mr. S. Kay requested an amendment to the condition with respect to the site plan agreement to specifically state that the revisions must address such issues as grading, drainage and stormwater management, which was accepted by the mover and seconder. 4. Submission No. B 36~97 - Canadian National Railway - cont'd The Chairman stated that he felt Mr. Way was confusing the development of the land with the severance of the land. He stated that he was of the opinion that a plan of subdivision was not necessary and that the proposal was in keeping with the Zoning By-law and Official Plan and that the Committee is not being asked to deal with a minor variance. He felt there were no legal grounds on which to refuse the application. COMMITTEE OF ADJUSTMENT 189 MAY 27, 1997 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of the Canadian National Railway requesting permission to convey a parcel of land having an irregular shape and having an area of 0.715 hectares as a lot addition, together with an easement for railway access over the retained lands on Part Lot 122, German Company Tract, Shirley Avenue and Victoria Street North, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the easement over the retained lands, providing railway access, shall be registered on title. That the existing site plan agreement shall be revised to address such matters as grading, drainage and stormwater management. 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 or transactions complying with subsections 50 (3) and/or (5) of the Planning Act. 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 May 27, 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 37/97 & A 86/97 - Christopher McGrath, Donald Haley & Indrani Chatterju, 32 Bingeman Street, Kitchener, Ontario Re: Part Lot A, Registered Plan 363 being Part 1, Reference Plan 58R-10683, 30 Bingeman Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. S. Fries 626 Bayhampton Crescent Kitchener, Ontario CONTRA: NONE Submission No. B 37/97 & A 86/97 - Christopher McGrath, Donald Haley & Indrani Chatteriu - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 190 MAY 27, 1997 The Committee was advised the applicant is requesting permission to sever the property at 30 Bingeman Street from the property municipally known as 32-34 Bingeman Street. The applicant is also requesting legalization of the following, existing buildings: The garage at 30 Bingeman Street has an easterly side yard of 0.32 m (1.05 ft.) rather than the required 1.2 m (4 ft.); the 2 storey brick house at 32-34 Bingeman Street has a westerly sideyard of 0.45 m (1.48 ft.) rather than the required 1.2 m (4 ft.) and the detached garage at 32-34 Bingeman Street has an easterly sideyard of 0.79 m (2.6 ft.) 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 they the subject lands are designated Low Density Multiple Residential within the Central Frederick Secondary Plan and are zoned Residential Seven Zone (R-7) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling and a duplex dwelling, which are municipally addressed 30 and 32-34 Bingeman Street. The subject property was formerly made up of two smaller parcels (30 Bingeman and 32-34 Bingeman) but merged when acquired and assembled by a numbered company as part of a large land consolidation. In 1996, through Committee of Adjustment application PS/F-I/96, approval was given to sever the mortgage for the subject lands from the mortgage on the abutting lands on either side. The severance of the mortgage had the effect of separating the subject lands from the larger land assembly as they were held in different title from the surrounding lands. Now that the subject lands have been separated from the larger land assembly, the new owners wish to further sever the property into its original two parcels. However the re-establishment of the original property line between 30 and 32-34 Bingeman Street would create a non-conforming situation with respect side yards on both proposed properties. Specifically, the applicants have requested the following variances: °30 Bingeman Street - detached garage with right side yard of 0.32 metres rather than the required 1.2 metres o32-34 Bingeman Street - dwelling with left side yard of 0.45 metres rather than the required 1.2 metres - detached garage with right side yard of 0.79 metres rather than the required 1.2 metres The requested variance to legalize the right side yard for the detached garage at 32-34 Bingeman Street is technically not necessary as a result of the proposed consent and would be considered legal non- conforming. However, the Department no concerns with supporting a variance to the side yard setback. With the exception of the side yard deficiencies stated above, both the lands to be severed and the lands to be retained conform to all regulations of the Zoning By-law. The existing dwellings are permitted uses within the R-7 Zone and the requested variances pertain to existing structures which have been constructed in a similar manner to many other structures in the area. Accordingly, the variances can be considered to be minor in nature and appropriate for the subject lands. Further, the requested variances meet the general intent of both the Central Frederick Secondary Plan and the Zoning By-law as they seek to re-establish the former property lines and would facilitate improvements to the existing dilapidated structures. That Minor Variance application A 86~97, be approved without conditions. Submission No. B 37/97 & A 86/97 - Christopher McGrath, Donald Haley & Indrani Chatteriu - cont'd That Consent application B 37~97 be approved subject to the following conditions: 1. That Minor Variance application A 86~97 be approved. 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 Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that they have reviewed this application and have no concern. COMMITTEE OF ADJUSTMENT 191 MAY 27, 1997 Submission No. B 37/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Christopher McGrath, Donald Haley & Indrani Chatterju requesting permission to convey a parcel of land having a width of 12.501 m (41.02 ft.) by a depth of 41.933 m (137.58 ft.) and having an area of 523 m2 (5,629.71 sq. ft.) on Part Lot A, Registered Plan 363, 30 Bingeman Street, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 86/97. 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 May 27, 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 86/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Christopher McGrath, Donald Haley & Indrani Chatterju requesting legalization of the garage at 30 Bingeman Street having an easterly sideyard of 0.32 m (1.05 ft.) rather than the required 1.2 m (4 ft.), the two storey brick house at 32-34 Bingeman Street with a westerly sideyard of 0.45 m (1.48 ft.) rather than the required 1.2 m (4 ft.) and the detached garage at 32-34 Bingeman Street with an easterly sideyard of 0.79 m (2.6 ft.) rather than the required 1.2 m (4 ft.) on Parts of Lot A, Registered Plan 363, 30 & 32-34 Bingeman Street, Kitchener, Ontario BE APPROVED. Submission No. B 37/97 & A 86/97 - Christopher McGrath, Donald Haley & Indrani Chatteriu - cont'd 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 COMMITTEE OF ADJUSTMENT 192 MAY 27, 1997 ADJOURNED On Motion, the meeting adjourned at 12:20 a.m. Dated at the City of Kitchener this 27th, day of May 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment