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HomeMy WebLinkAboutAdjustment - 1997-07-15COA\1997-07-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 15, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. OFFICIALS PRESENT: Mr. J. Willmer, Intermediate Planner, Mr. R. Morgan, Co-ordinator, Zoning Administration 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 June 17, 1997, as mailed to the members, be accepted. Carried MINOR VARIANCE UNFINISHED BUSINESS 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. APPEARANCES: IN SUPPORT: Mr. H. Rotberg 61 Roy Street Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE Mr. Rotberg was in attendance to request a further deferral of this matter. He advised that it is taking sometime to obtain the affidavit evidence that the Planning Department had requested and it has only just been submitted. In order to obtain revised comments and advice from staff as to whether further minor variances are required, they will need an opportunity to review the affidavit. He requested deferral of this matter to the Committee's next meeting of August 19, 1997. The Chairman referred to the comments of the Traffic & Parking Division and requested that Mr. Rotberg deal with their concerns with respect to parking layout prior to the next meeting, also. It was generally agreed that consideration of Submission No. A 59/97 be deferred to the Committee of Adjustment meeting scheduled for Tuesday August 19, 1997. COMMITTEE OF ADJUSTMENT 210 JULY 15, 1997 APPLICATIONS 1. Submission No. A 93/97 - Charles Leigh, 28 Old Huron Court, Kitchener, Ontario Re: Lot 8, Registered Plan 1721,28 Old Huron Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. M. Thomas Lakeside Patio Enclosures 180 Sheldon Drive Cambridge ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a sunroom on the rear of the existing single family dwelling to have a rearyard of 7.072 m (23.21 ft.) rather than the required 7.5 m (24.69 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 sunroom addition onto the rear of an existing single family dwelling. The proposed addition would have a rear yard set back of 7.072 m (23.2 ft.) rather than the required 7.5 m (24.6 ft.). The proposed addition would maintain the general intent of By-law 85-1 and the Municipal Plan as it will provide reasonable separation between the building and the rear property line while still providing sufficient amenity area. Additionally, the proposed addition would be appropriate development for the property as it will not adversely affect the adjoining properties. In regards to the above, the proposal can be considered minor in nature and as such the Department of Planning and Development recommends approval of Submission A 93/97 for a sunroom addition. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required to construct the new sunroom. Moved by Mr. D. McKnight Seconded by Mr. W. Dahms That the application of Charles Leigh requesting permission to construct a sunroom on the rear of the existing single family dwelling to have a rearyard of 7.072 m (23.21 ft.) rather than the required 7.5 m (24.69 ft.) on Lot 8, Registered Plan 1721,28 Old Huron 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. COMMITTEE OF ADJUSTMENT 211 JULY 15, 1997 Carried Submission No. A 94~97 - Tim Halk, 106 Sweetbriar Drive, Kitchener, Ontario Re: Lot 26, Registered Plan 1091, 106 Sweetbriar Drive, Kitchener, Ontario. 2. Submission No. A 94/97 - Tim Halk - cont'd APPEARANCES: IN SUPPORT: Mr. T. Halk 106 Sweetbriar Drive Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to construct an attached garage onto the westerly side of the existing single family dwelling to have a right sideyard of 0.6 m (2 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 owner wishes to construct an attached garage to be located 2.7 feet from the side lot line rather than the required 4 feet. The adjacent dwelling at 110 Sweetbriar Drive is located 4.85 feet from their side lot line. No direct access to the neighbouring dwelling is provided along this yard; however, two windows are located along this side wall. The applicant has advised that they have discussed the variance with the adjacent neighbour and the neighbour has no concerns with the construction of the garage 2.7 feet from the common lot line. Staff note that the garage is recessed from the front of the house, starting approximately half way along the side wall. This setback assists in minimizing the impact on the neighbouring property. The applicant is aware that a garage could be constructed in compliance with the by-law, if it did not exceed 10.71 feet in width; however, he prefers to have the garage 12 feet wide to provide more room between the vehicle and the garage walls. The variance can be considered minor and maintaining the intent of the by-law, as sufficient room is available to access the rear yard and maintain the garage. It can be considered to be appropriate for the development of the property provided the neighbour does not have concerns. It appears, due to the building location and of the neighbouring dwelling, as well as the proposed location of the garage, that no adverse impacts would be experienced on the neighbouring property. The Department of Planning and Development recommends approval of Submission A 94/97 allowing a sideyard of 2.7 feet for an attached garage, only to the extent of the variance shown on the sketch submitted with the application. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required to construct the new garage. He advised that a wall located 2 ft. from the property line shall have a 45 minute fire resistance rating and shall have no openings. The applicant must ensure that drainage is not directed onto adjacent property. Mr. S. Kay noted that the survey shows a sideyard of 2.7 ft. and, at the request of Mr. Halk the Committee agreed to an amendment to the application for a 2.7 ft. sideyard rather than the 2 ft. noted in the COMMITTEE OF ADJUSTMENT 212 JULY 15, 1997 application. Mr. S. Kay commented that a similar application was considered by this Committee and was not approved; however, in this instance, there is no neighbourhood opposition and the variance is somewhat less. 2. Submission No. A 94~97 - Tim Halk - cont'd Moved by Mr. S. Kay Seconded by Mr. D. McKnight That the application of Tim Halk requesting permission to construct an attached garage onto the westerly side of the existing single family dwelling to have a sideyard of 0.83 m (2.7 ft.) rather than the required 1.2 m (4 ft.) on Lot 26, Registered Plan 1091, 106 Sweetbriar Drive, Kitchener, Ontario. BE APPROVED subject to the following condition: That the applicant shall obtain approval of a building permit for the garage prior to commencing construction. 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 3. Submission No. A 95/97 - St. John's Church, 85 Strange Street, Kitchener, Ontario Re: Part Lot 493, Registered Plan 375, 85 Strange Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. R. Stoltz Calladan Construction Petersberg ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a barrier free entrance to the lower and upper floor of the church to have a setback from Waverly Drive of (2.29 m) 7.5 ft. rather than the required 6 m (19.69 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located at the northwest intersection of Strange Street and Waverly Road and are developed as St. John's Roman Catholic Church. The property is designated Low Rise Residential in the Municipal Plan and is zoned Neighbourhood Institutional Zone (I-1) with a Special Regulation Provision according to Zoning By-law 85-1. COMMITTEE OF ADJUSTMENT 213 JULY 15, 1997 The applicant, on behalf of St. John's Parish, is requesting a reduction in the side yard abutting a street from the required 6.0 metres to 2.29 metres in order to accommodate a proposed addition to the existing vestibule and a new barrier free entrance from the rear driveway to the lower floor of the church. The entrance to the lower floor of the church is from Waverly Street and is presently accessed via concrete steps rising from the municipal sidewalk. Given the location of the vestibule in relation to the steep grade and concrete stairs, it is necessary to extend the vestibule and access ramps into the required side yard setback in order to gain barrier free access. Because of the steep grade rising from Waverly Street to the church, the proposed addition to the vestibule together with the proposed access ramp will not have a significantly greater impact on the streetscape than the existing concrete stairs. Since the proposed addition and barrier free access will make 3. Submission No. A 95/97 - St. John's Church - cont'd the existing church more accessible to parishioners without adversely impacting the streetscape, the requested variance meets the general intent of both the Municipal Plan and Zoning By-law and can be considered to be minor in nature and appropriate for the development of the subject lands. The Department of Planning and Development recommends that Minor Variance Application A 95/97, to permit a side yard abutting a street of 2.29 metres, be approved without conditions. The Committee noted the comments of the Director of Building & Inspections in which he advised that a building permit is required for all new construction and for the new handicapped ramps. When questioned by the Committee, Mr. Stoltz advised that the vestibule will give barrier free access to two levels of the church. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of St. John's Church requesting permission to construct a barrier free entrance to the lower and upper floor of the church to have a setback from Waverly Drive of (2.29 m) 7.5 ft. rather than the required 6 m (19.69 ft.) on Part Lot 493, Registered Plan 375, 85 Strange Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 96/97 - Amity Residential, 306 Wellington Street North, Kitchener, Ontario Re: Lot 32 and Part Lot 33, Registered Plan 34, 306 Wellington Street North, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. S. O'Dwyer 301-93 High Street London ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE COMMITTEE OF ADJUSTMENT 214 JULY 15, 1997 CONTRA: Mr. & Mrs. W. Loscher 310 Wellington Street North Kitchener ON Mr. & Mrs. Reitzel 307 Wellington Street North Kitchener ON Neighbourhood Petition The Committee was advised the applicant is requesting legalization of a parking space in front of the house to be located 0 m from Wellington Street rather than the required 3 m (9.85 ft.). 4. Submission No. A 96/97 - Amity Residential - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that this application seeks approval of a parking space located 0 metres from the Wellington Street lot line rather than 3.0 metres from such lot line. The property has been used as a group home since 1977 when the Committee of Adjustment approved an application to permit a group home having 2 parking spaces rather than the 5 spaces required under the zoning in effect at that time. The current requirement for such a facility would be 3 spaces plus 1 space for every 3 staff in attendance at one time. A parking area is established to the west of the building which accommodates the two legal parking space as well as two additional vehicles. The area in front of the building has been covered with gravel. It is the opinion of staff that the variance does not meet the intent of the by-law nor is desirable for the appropriate development of the property. Group homes of this size as well as other institutional uses are regulated in the same fashion as multiple dwellings. The 3.0 metre setback for parking and aisles is intended to serve an aesthetic purpose, by providing a landscaped streetscape, as well as a functional one, ensuring that vehicles parked near the lot line do not obstruct the view of vehicles entering and exiting the site. A parking area in this location contravenes both of these objectives. The facility is located on a street developed primarily with residential uses; parking in such location is out of character with the remainder of the development along the street. Staff received a phone call from a neighbouring property owner objecting to the parking space on the basis of safety and the appearance of the parking area. From a traffic functioning perspective, the situation of the parking space is not safe for pedestrian or vehicular traffic as the space is situated immediately adjacent to the sidewalk and requires considerable manoeuvring to access the area. Traffic and Parking staff are also opposed to this application. For these reasons, parking in this location is not desirable for the use of the property. Sufficient room is available in the rear of the property if the owners wish to develop more parking for the use, which would be more functional than the front yard space. In the opinion of staff, the application fails to meet the tests of the Planning Act, and therefore, it is recommended that the application be refused. The Committee noted the comments of the Traffic & Parking Division in which they advised that the Division does not support the use of a parking space in front of the building. It was their opinion that this area was not appropriate for parking, as it is immediately adjacent to the public sidewalk. Given the limited width of the area, parking could encroach onto the sidewalk and ingress/egress from a parked car could also occur over the sidewalk. Vehicle maneuverability is also restricted in this configuration. It has been observed that the existing driveway beside the house can accommodate four vehicles and it may be possible to extend the driveway toward the rear if more parking is required. The Committee considered that the written submissions of the neighbourhood residents in opposition to this application. When questioned by the Committee, Mr. O'Dwyer advised that he is a youth worker at this home and workers at this residence come two at a time in shifts. When questioned as to why this parking space was required, Mr. O'Dwyer advised that they need extra parking as there are times when staff shifts overlap. Mr. D. McKnight questioned the possibility of providing parking in the rearyard and Mr. O'Dwyer COMMITTEE OF ADJUSTMENT 215 JULY 15, 1997 advised that neighbouring properties drain onto this property so that it would be expensive to provide parking, as fill would be required. He also advised that space is needed for the use of the children living in the home. 4. Submission No. A 96/97 - Amity Residential - cont'd Mr. S. Kay stated that he found merit in the objections of the neighbours and planning staff. Mr. O'Dwyer responded that there are other homes on this street which have frontyard parking. It was noted by the Committee that, not withstanding other situations on this street, other illegal parking will have to be dealt with. Mr. S. Kay put forward a motion to refuse the application which was seconded by Mr. D. McKnight. Mr. J. Gothard, Chairman, advised Mr. O'Dwyer that there are four tests which must be met in order that an Application for Minor Variance be approved. He advised of the four tests specifically and stated that if any one of the tests fails, the application must be refused. Moved by Mr. S. Kay Seconded by Mr. D. McKnight That the application of Amity Residential requesting legalization of a parking space in front of the house, to be located 0 m from Wellington Street rather than the required 3 m (9.85 ft.) on Lot 32 and Part Lot 33, Registered Plan 34, 306 Wellington Street North, 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 Submission No. A 97~97 - Gary Francis Cairney & Susan Marie Beaupre, 793 Belmont Avenue West, Kitchener, Ontario Lot 82, Registered Plan 203, 793 Belmont Avenue West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Cairney 793 Belmont Ave. West Kitchener, ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of a rear addition having a rearyard of (7.31 m) 23.96 ft. rather than the required 7.5 m (24.61 ft.) and legalization of a wooden deck on the left side of the rear addition having a sideyard of (0.89 m) 2.9 ft. rather than the required 1.21 m ( 4 ft.). COMMITTEE OF ADJUSTMENT 216 JULY 15, 1997 The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of a rear addition having a rear yard of 7.31 m (23.96 ft.) rather than the required 7.5 m (24.61 ft. ) and legalization of a wooden deck on the left side of the rear addition having a side yard of 0.89 m (2.9 ft.) rather than the required 1.21 m (4 ft.). 5. Submission No. A 97~97 - Gary Francis Cairney & Susan Marie Beaupre A building permit was obtained for the vinyl sided addition in 1994; however, the structure was not built in accordance with the building permit and as such, did not meet the required setback from the rear lot line. It is not known when the wood deck was constructed although it appears to have been built after the addition. The existing structures maintain the general intent of the by-law and Municipal Plan as the deck still allows for access to the rear yard as well as exterior maintenance without necessitating the encroachment onto the neighbour's property. In addition, the size and location would not appear to infringe on the privacy of the abutting property. With respect to the vinyl sided addition, the 7.31 meters remaining still provides an appropriate separation distance between the buildings and the rear lot line as well as still allowing for a sufficient amenity area. Accordingly, the Department of Planning & Development recommends approval of Submission A 97/97 applying only to the existing development as shown on the submitted survey prepared by McKechnie Surveying dated May 16, 1996. The Chairman referred to the survey provided with the application noting the vinyl sided addition and Mr. Cairney advised that that is the addition in question. He also advised the Committee that the addition was there when they purchased the house but the survey was late in being obtained and the deal was closed prior to a Minor Variance Application being submitted. Mr. W. Dahms questioned the concrete foundation to the west of the addition and Mr. Cairney advised that at one time it was the garage; however, the garage has been removed and only the concrete pad remains. Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Gary Cairney & Susan Beaupre requesting legalization of an existing rear addition having a rearyard of (7.31 m) 23.96 ft. rather than the required 7.5 m (24.61 ft.) and legalization of a wooden deck on the left side of the rear addition having a sideyard of (0.89 m) 2.9 ft. rather than the required 1.21 m ( 4 ft.).on Lot 82, Registered Plan 203, 793 Belmont Avenue West, 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 98/97 - A 100/97 - Bankside Construction Limited, Pioneer Park, Kitchener, Ontario Part Block 1, Registered Plan 1836, Forwell Road and Brandy Crescent, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Hillis Bankside Construction Ltd. COMMITTEE OF ADJUSTMENT 217 JULY 15, 1997 P.O. Box 20039 Pioneer Park Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Submission No. A 98/97 - A 100/97 - Bankside Construction Limited - cont'd NONE NONE The Committee was advised that the applicant is requesting permission for three proposed freehold townhouse units as follows: UNIT 1 The applicant is requesting permission for a lot width of 11.97 m (39.28 ft.) rather than the required 15 m (49.22 ft.) and permission to locate the driveway a distance of 7.24 m (23.76 ft.) from the intersection of Forwell Road and Brandy Crescent rather than the required 12 m (40 ft.). UNIT 2 The applicant is requesting permission for the driveway to be located a distance of 10.24 m (33.6 ft.) from the intersection of Forwell Road and Brandy Crescent rather than the required 12 m (40 ft.). UNIT 34 The applicant is requesting permission for a lot width of 13.297 m (43.63 ft.) rather than the required 15 m (49.22 ft.) and permission to locate the driveway 11.19 m (36.72 ft.) from the intersection of Forwell Road and Brandy 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 owner is requesting relief from the minimum corner lot width requirement for two lots, and the minimum distance from an intersection to a driveway for those two lots plus one additional lot. The subject lands are within Registered Plan 1836. The plan was registered as blocks for street townhouse development, with individual lots to be established by part lot control exemption. Underground services and service connections were installed in accordance with plans approved by the Public Works Department. The City now requires zoning clearance prior to the approval of servicing drawings; however, this was not the case at the time services were approved and installed for this subdivision. The variances have been identified through site plan and building permit applications. The variances are desirable for the appropriate development and use of the land as underground services have already been installed by the subdivider based on City approvals. The subdivider no longer owns the subject lands. It would be unreasonable to require the current owner to reconstruct the street to relocate service connections. The impact of the two lot width variances is minor as the corner lots will be substantially wider than the adjacent interior lots, and required setbacks from Forwell Road will be provided. Brandy Crescent is a minor local street with a total of only 52 units and traffic volumes should be relatively Iow; therefore, the impact of the three driveway location variances is considered to be minor as there is unlikely to be significant stacking of vehicles waiting to turn onto Forwell Road. The proposal maintains the general intent and purpose of the by-law and official plan by allowing for a 4.5 m side yard on the flanking street and a reasonable distance between the driveways and the intersection, based on anticipated traffic volumes on Brandy Crescent. COMMITTEE OF ADJUSTMENT 218 JULY 15, 1997 It is noted that Traffic and Parking staff recommend driveways off Forwell Road rather than Brandy Crescent. This would eliminate the need for driveway location variances for the two corner units. Planning staff have reviewed this option with building staff and the applicant and do not find it practical. It is very difficult to modify street townhouse designs to provide driveway access from a flanking street as a garage at the rear of the unit would limit access 6. Submission No. A 98/97 - A 100/97 - Bankside Construction Limited - cont'd to daylight by preventing windows. Additional difficulties arise in terms of aesthetics and marketing. Furthermore, the proposed separation of 11.19 m for the driveway to Unit 34 is very close to complying with the 12 m standard. The Department of Planning and Development recommends approval of Submissions A 98/97, A 99/97 and A 100/97. The Committee noted the comments of the Traffic & Parking Division in which they advised that they do not support the driveway locations. They recommended that the lot design be revised to relocate the driveways to Forwell Road in compliance with the setback requirements. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested that the applicant be advised that when installing the driveway they must provide a minimum of 1 m clearance from the existing street light pole. The Chairman questioned Mr. Hillis as to whether the driveways have been installed and Mr. Hillis advised that they have not, although construction has commenced on the houses. Mr. W. Dahms questioned whether Forwell Road is a collector and staff advised that it is. Mr. A. Galloway noted the plan and that Unit 34 is located 4.5 m from Forwell Road. He noted that the need for the variance is based on the angle of the lots to the street and that this development seems to meet all other requirements. He recommended approval of all the variances. Mr. D. McKnight noted the Hydro comments and Mr. Hillis advised that there is one light pole and that the clearance of the driveway is 2.5 m. Submission No. A 98/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Bankside Construction Limited requesting permission for a lot width of 11.97 m (39.28 ft.) rather than the required 15 m (49.22 ft.) and permission to locate the driveway a distance of 7.24 m (23.76 ft.) from the intersection of Forwell Road and Brandy Crescent rather than the required 12 m (40 ft.) on Part Block 1, Registered Plan 1836 (Unit 1), Forwell Road and Brandy Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 99/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Bankside Construction Limited requesting permission for the driveway to be COMMITTEE OF ADJUSTMENT 219 JULY 15, 1997 located a distance of 10.24 m (33.6 ft.) from the intersection of Forwell Road and Brandy Crescent rather than the required 12 m (40 ft.) on Part Block 1, Registered Plan 1836(Unit 2), Forwell Road and Brandy Crescent, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. Submission No. A 98/97 - A 100/97 - Bankside Construction Limited - cont'd This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 100/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Bankside Construction Limited requesting permission for a lot width of 13.297 m (43.63 ft.) rather than the required 15 m (49.22 ft.) and permission to locate the driveway 11.19 m (36.72 ft.) from the intersection of Forwell Road and Brandy Crescent rather than the required 12 m (40 ft.) on Part Block 1, Registered Plan 1836, (Unit 34) Forwell Road and Brandy 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 UNFINISHED BUSINESS 1. Submission No.'s B 38/97 & 39/97 - Paul & Laura Allan, 753 Glasgow Street, Kitchener, Ontario Parts of Lot 2, Registered Plan 693, 753 Glasgow Street, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: NONE Ms. J. A. Chapman 11 Dayman Crt. Kitchener ON Mr. & Mrs. P. Allan 753 Glasgow St. Kitchener ON COMMITTEE OF ADJUSTMENT 220 JULY 15, 1997 CONTRA: Ms. J. A. Chapman 11 Dayman Crt. Kitchener ON The Committee was in receipt of a written request from the applicants to defer consideration of these applications to the meeting to be held on August 19, 1997. Ms. J. A. Chapman was in attendance, representing the neighbourhood residents and presented a written submission. She advised that the neighbours are in support of the deferral. She advised that a neighbourhood meeting was held and another is scheduled and it is still hoped that a consensus might be reached. 1. Submission No.'s B 38~97 & 39~97 - Paul & Laura Allan - cont'd The Chairman advised that, if legitimate efforts are being made, he would support the deferral. Mr. S. Kay noted that at the last meeting, he had declared a conflict of interest with these applications and he would not be voting on the request for deferral. It was agreed by all parties that consideration of Submission No.'s B 38/97 & B 39/97 be deferred to the Committee of Adjustment meeting scheduled for Tuesday August 19, 1997. APPLICATIONS 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. APPEARANCES: IN SUPPORT: Mr. D. Honsberger 57 Bridge Street East Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE OTHER: CN Rail 503-277 Front Street West Toronto ON The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 25.3 m (83 ft.) by a depth of 54.87 m (180 ft.) and having an area of 1.387.93 m2 (14,940 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the application affects a large landholding of Honsberger Lumber which is accessed from Stewart Street. The lands were previously used for a lumber business however the applicant now wishes to create two parcels with the intent of eventually selling both the lands to be severed and retained. The application proposes to sever a parcel of land from the easterly end of the property, having a width of 83 feet and extending the full 204 foot depth of the property as it presently exists. Several buildings are located on the severed lands are are proposed to be retained. The lands to be retained are irregularly shaped, having frontage and access on Stewart Street and a narrow strip of land extending to Park Street. Two metal clad buildings exist on the retained lands, one of which is proposed to be demolished. The application was previously deferred to allow the owner to approach the neighbouring property owner to determine if they are willing to convey a section of their property to complete the road right-of-way. COMMITTEE OF ADJUSTMENT 221 JULY 15, 1997 Without the extension of the public street, the severed lands would not comply with the zoning by-law. The existing 40 foot wide public right-of-way of Stewart Street ends part way along the frontage of the lands to be retained. From that point easterly, access to parts of the subject property and to the adjacent property is gained from a private roadway which is located partially on the subject property and partially on a 15 foot wide right-of-way (registered under Instrument Number 105328) forming part of the lot to the east, municipally addressed as 2-4 Stewart Street. The zoning by-law requires that all lots front a public street, 1. Submission No. B 35/97 - Honsberqer Lumber Inc. - cont'd which is defined as a "public road allowance having a minimum width of 12.19 metres (40 feet)." Accordingly, in order to comply with the zoning by-law, and to provide for the proper servicing of and access to the severed lands, the street would have to be constructed over the full 40 foot width, requiring the conveyance of a 25 wide strip of land from the severed and part of the retained lands, as well as the conveyance of a the 15 wide strip of land from the owners of 2-4 Stewart Street. The owner of the subject property would have to provide the City with a registerable deed for that portion of the neighbour's property, as well as their own, prior to deed endorsement. The applicants were asked to determine from the neighbouring property owner whether they would be willing to give up this portion of property before this application came back to the Committee; the applicants indicated verbally that the adjacent property owner is willing to make their part of the future right-of-way available through arrangements with the applicant. The owners are required to construct the road extension to the easterly limit of their property to full municipal standards, including road, sewer, watermain, storm sewers, and driveway ramp all prior to the endorsement of the deeds. Once constructed, the road would have to be opened by by-law prior to the endorsement of deeds. The extension of the public street will result in front yard variances, from Stewart Street, relative to both the severed and retained lands. The owner has advised that they wish to retain the 1 storey building on the severed lands for the use of the purchaser, which would require the prior approval of a variance to the front yard requirement, as the building is 4.25 metres (13.96 feet) from the front lot line, whereas the by- law requires 6.0 metres (19.6 feet). Alternatively, the building could be demolished so as to comply. Portions of one of the existing buildings on the retained lands would be at variance to the by-law in two locations if not removed. Firstly, the 1.2 metre minimum sideyard would not be met on the easterly sideyard; the owners' intent to demolish this portion of the building would resolve this variance. However, even with the demolition of the "metal clad building", according to the plan of survey showing the location of the "joint between portions of building, a portion of the remaining building would be at variance to the front yard setback of 6.0 metres (19.6 feet), shown as 13.96 feet on the survey. Typically, the Department of Planning and Development would require that any required variances be processed concurrently with a consent application, so as not to prejudge the consideration of the of the variance. Staff discusse the variances required with the applicant and indicated the need for filing a minor variance application. The owners indicated they would prefer that the consent be heard on its scheduled date and that a minor variance application would be filed for a subsequent meeting. Staff do not have serious concerns with this approach in this case since the merits of the minor variances have been considered and staff find them to be supportable, given that they relate to existing buildings. Provided the public street is extended to the satisfaction of the City and the location of the existing building is legalized by approval of a minor variance application, the severance allows for the appropriate development or redevelopment of the lands. The proposed lots comply in all other respects to the zoning by-law. The extension of the public street may also be of benefit to the adjacent property owner in their future development activity. Staff are able to recommend in favour of the consent subject to satisfying all of the conditions. That Consent Application B-35/97 be approved subject to the following conditions: That final approval be given for a minor variance application for a front yard of approximately 4.06 metres (13.34 feet) relative to the existing building on the severed lands, rather than the required 6.0 metres (19.6 feet). COMMITTEE OF ADJUSTMENT 222 JULY 15, 1997 1. Submission No. B 35/97 - Honsberqer Lumber Inc. - cont'd That the owner convey to the City, without cost and free of encumbrance, land required for a road widening along the property's entire Stewart Street frontage, and make the necessary arrangements with the abutting property owner for the conveyance of land to the City for a right-of- way of 40 feet for Stewart Street, to the satisfaction of the City's General Manager of Public Works. That the existing metal clad building on the retained lands be demolished or partially removed so as to provide a minimum sideyard of 1.2 metres along the easterly lot line of the retained lands and a 6.0 metre setback from the front lot line along Stewart Street. That final approval be given for a minor variance to permit a small portion of the remaining metal clad building on the retained lands to be located 4.25 metres (13.96 feet) from the front lot line rather than the required 6.0 metres (19.6 feet). That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the General Manager of Public Works, and registered on title of all the subject lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special conditions which shall generally state as follows: a) That the owner shall construct Stewart Street from its present terminus to the easterly limit of the severed lands, to full municipal services, including the installation of sanitary sewers, watermains, storm drains and paved driveway ramps, prior to the endorsement of deeds. That the extension of Stewart Street, from its present terminus to the easterly limit of the severed lands, be open by by-law (prior to the endorsement of deeds). 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, at this location, Park Street (Regional Road No. 53) has an existing and designated road allowance width of 65 ft. As such, no road widenings are required from this property. They noted that the subject property can be accessed from two different locations. Although the site's primary access is from Stewart Street, a smaller access exists directly onto Park Street, adjacent to the Canadian National Railway tracks. Due to its proximity to the tracks, this secondary access does not conform to the Region's standard for access to Regional Roads and must be closed. They also advised the applicant that should this property be redeveloped in the future, the Region will not grant an access directly onto Park Street. The Committee noted the written submission of CN Rail in which they requested that certain conditions be imposed in granting this application. Mr. W. Dahms questioned exactly where the severed lands are located and Mr. Honsberger approached the Committee and identified the severed lands on the submitted plan. Mr. D. McKnight questioned ownership of the lands as the submitted plan indicated a different owner for each of the three parts, none of whom were Honsberger Lumber. Mr. Honsberger advised that all three parts are currently owned by Honsberger Lumber. The Chairman pointed out the requested conditions of CN Rail and whether Mr. Honsberger had any problem with them. Mr. Honsberger advised that these comments were the same as when they purchased the lands from CN Rail. 1. Submission No. B 35/97 - Honsberqer Lumber Inc. - cont'd Mr. W. Dahms stated that he had a concern with the apparent need for a Minor Variance and that this COMMITTEE OF ADJUSTMENT 223 JULY 15, 1997 Committee would be prejudging that application before it is made. Mr. Dahms then questioned staff with respect to Stewart Street and whether they had considered the need for a turning circle. Mr. J. Willmer responded that the Public Works Department has considered turn arounds and that a turning circle is not required. The Public Works Department does not see this as a significant change. With respect to the need for a minor variance, Mr. Willmer advised that the need for the minor variance comes as a result of the dedication of the road. He stated that the building is not changing and that it is really not an issue only a technical matter. Staff have no objection to the variances. Mr. D. McKnight referred to the request of CN and whether they have any authority to make such a request. Mr. S. Kay stated that their request should be dealt with in the same way as a request from any other neighbour. Mr. Kay then referred to condition no.'s 2 and 5 in the Planning Department report. He questioned what portion would have to be conveyed by Honsberger. He requested that condition no. 5 state exactly what land is to be dedicated. Staff advised that the land to be dedicated for the road would measure approximately 40 ft. by 136.2 ft. and would be the extension of Stewart Street to the easterly boundary of Part 3 on the plan. Mr. Kay then pointed out to the applicant that the Registrar of Deeds will require a new reference plan. Mr. W. Dahms stated that the Regional Municipality of Waterloo has no objection provided that the Park Street entrance is closed. He recommended that the application be approved subject to the recommended conditions of the City, the Region and clarification of the amount of land, to be dedicated for Stewart Street to the easterly boundary of the applicants existing property. Mr. D. McKnight spoke against the motion, stating that he thinks the application is premature. This application requires the dedication of land which is not the subject of this application and it should take place before this application is dealt with. Our conditions must be reasonable and this is not reasonable. The Chairman stated that he was not comfortable with this application and it should be more properly defined. Moved by Mr. D. McKnight Seconded by Mr. A. Galloway That the application of Honsberger Lumber Inc. requesting permission to convey a parcel of land having a width of 25.3 m (83 ft.) by a depth of 54.87 m (180 ft.) and having an area of 1.387.93 m2 (14,940 sq. ft.). on Part of Part 3, Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that the application is premature and all aspects of the application have not properly been defined. 2. Submission No. B 40/97 - Freure Developments Limited in Trust, 501 Krug Street Kitchener, Ontario Re: Part of Doon Valley Drive Closed being Parts 2, 3, 4 & 5, Reference Plan 58R-7422, Pinnacle Drive at Doon Valley Drive, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application as is law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: NONE CONTRA: NONE 2. Submission No. B 40/97 - Freure Developments Limited in Trust - cont'd WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 224 JULY 15, 1997 IN SUPPORT: NONE CONTRA: NONE As no one appeared in support of this application, the Committee agreed to defer consideration of this application to the meeting scheduled for Tuesday August 19, 1997, peremptory. Submission No. B 41/97 - Lorne & Vivyan Brubacher, 234 Old Chicopee Drive, Kitchener, Ontario Re: Part of Lot 118, German Company Tract, Being Part 4, 5 & 6, Reference Plan 58R-10649, 234 Old Chicopee Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. L. Brubacher 234 Old Chicopee Drive Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to sever a parcel of land having a width of 18.288 m (60 ft.) by a depth of 66.475 m (218.1 ft.) and an area of 1,216.2 m2 (13,091.5 sq. ft.). The proposed use of the property is a single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has applied to sever the lot in order to create one new building lot fronting Old Chicopee Drive. There is a single detached dwelling on the retained lands. It should be clarified that the application includes the granting of a 5.0 m wide drainage easement across the land to be severed, in favour of the land to be retained. During the reconstruction of Old Chicopee Drive as part of the Old Chicopee Estates Subdivision (R.P. 1823) five sets of service connections were installed in antici3ation of severance of the Brubacher property. One lot (B 12/97) has already been severed. The Grand River South Area 1 Community Plan requires a minimum lot area of 929 square metres (10,000 square feet) for lots which back onto the Idlewood Creek open space system. The lot to be severed would have an area of 1216.2 square metres. Both the lot to be retained and the lot to be severed 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 41/97, including the granting of a drainage easement, subject to the following conditions: That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of a paved driveway ramp and street trees for the severed lands. 3. Submission No. B 41/97 - Lorne & Vivyan Brubacher - cont'd COMMITTEE OF ADJUSTMENT 225 JULY 15, 1997 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 no objection to the approval of this application. The Committee noted the comments of Kitchener-Wilmot Hydro in which they requested that conditions be imposed for the provision of permanent electrical services to the severed lands and the granting of any necessary easements. When questioned by the Committee, Mr. Brubacher stated that Parts 4, 5 and 6 will form one residential lot and Part 5 is intended for a drainage easement. The Chairman noted that other lots were defined on the plan and Mr. Brubacher advised that he lives in the home shown on the plan and it is his intention to retain the rest of the lands for his lifetime. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Lorne & Vivyan Brubacher requesting permission to convey a parcel of land having a width of Old Chicopee Drive of 18.288 m (60 ft.) by a depth of 66.475 m (218.1 ft.) and an area of 1,216.2 m2 (13,091.5 sq. ft.), subject to a drainage easement over Part 5, on Part of Lot 118, German Company Tract, Being Parts 4, 5 & 6, Reference Plan 58R-10649, 234 Old Chicopee 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 a paved driveway ramp and street trees for the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical services to the severed lands; which shall include the granting of any easements required by the Commission to provide such services. 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 July 15, 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 42/97 - George Voisin, 421 Greenbrook Drive, Kitchener, Ontario COMMITTEE OF ADJUSTMENT 226 JULY 15, 1997 Re: Part Lot 35, German Company Tract, Being Part of Part 6, Reference Plan 58R-10060, Corner of Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. V. Varga 107 Roseneath Cr. Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having an area of 24.3 m2 (261.58 sq. ft.) as a lot addition to the abutting property. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever a parcel of land which will gain frontage from Eastforest Trail once the City extends this road. The City intends on starting construction for the extension of Eastforest Trail from Bankside Drive through to Highland Road this summer. The Detweiler Greenway will traverse under the extension of this road at this location. As a result of the land required for the Detweiler Greenway and the road the applicant is left with an odd shaped parcel of land. The intent of the severance is to facilitate the creation of two building lots fronting Eastforest Trail. Neither of the severed nor retained lands individually have the lot area required for buildable lots; however, two lots would be created if Parts 8 and 9, Plan 58R-10060 together with Block 67, Registered Plan 1738, and Parts 10 and 11, Plan 58R-10060 are merged in title. The purpose of submitting the applications prior to the road construction is to allow the service connections to each unit be installed at the time of the installation of the services and construction of the road. The City has no objection to the consent to sever the lands provided they merge in title with the abutting lands to form buildable lots and subject to the owner entering into a subdivision agreement to ensure that the lands are developed to City standards. That application B 42~97 be approved subject to the following conditions: That the lands to be severed (Part 8 of Plan 58R-10060) be added to the abutting lands described as Part 9, Plan 58R-10060 and Block 67, Registered Plan 1738 and that the retained lands (Part 10 of Plan 58R-10060) be added to the abutting lands described as Part 11, Plan 58R-10060 and each title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcels shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 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 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, 1.5 metre concrete sidewalk and a paved driveway ramp, on the severed lands and retained lands. Submission No. B 42/97 - Geor.qe Voisin - cont'd That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 227 JULY 15, 1997 That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the General Manager of Public Works, and registered on title of all the subject lands; said agreement shall include arrangements for performance securities and municipal engineering services. 7. That Eastforest Trail be constructed and opened by By-law prior to the endorsement of any deeds. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, with respect to all the lands which are the subject of Submission No.'s B 42/97 - B 57/97, inclusive, in which they advised that the purpose of these applications is to provide for the development of 19 single detached residential lots along the future extension of East Forest Trail between Bankside Drive and Highland Road. They noted that portions of the subject lands were considered for development in the early 1990's through Draft Plan of Subdivision Application 30T-90026 submitted by Voisin and Lubczuk. Although that application has been circulated by City and Regional staff for review and comment, the application did not proceed to draft plan approval. Since then, they understood that the City of Kitchener had acquired the right-of-way for the extension of East Forest Trail and that construction of the roadway is to commence in the coming weeks. Given that road access to the proposed lots will become available through this roadway, Regional staff have no objection to the proposed applications for Consent subject to several conditions. The Committee considered the comments of the Grand River Conservation Authority, with respect to all the lands which are the subject of Submission No.'s B 42/97 - B 57/97, inclusive, in which they advised that the Detweiler Greenway is considered a 1 Zone Policy Area in accordance with provincial policy for Flood Plain Planning. Under 1 Zone Policies, no new development is permitted within the flood plain. Given the limits of the existing flood plain development associated with applications B 42/97 and B 49/97 would not be permitted as all or a portion of the parcel is within the flood plain. The balance of the lands subject to these applications are located outside the existing flood plain; however, a class environmental assessment has been undertaken by the City of Kitchener to address channel improvements on the portion of the Detweiler Greenway beside Bankside Drive and Highland Road. Once the channelworks are completed, the flood plain should be contained within the channel. Hence, the development of the lands subject to applications B 42/97 and B 49/97 should not proceed until the channel improvements have been completed. They went on to explain that with respect to the proposed channel alterations and the extension of Eastforest Trail over the Detweiler Greenway, on May 20, 1997, the Planning & Operations Committee of the Grand River Conservation Authority approved a Fill, Construction and Alteration to Waterways Permit Application for the City of Kitchener, subject to several conditions. To date the conditions have not been satisfied; therefore the permit has not been issued. The development within the Detweiler Greenway is subject to the Detweiler Master Drainage Plan approved in 1989. They were concerned with how stormwater management and sediment and erosion control will be dealt with on the subject lands and requested that a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed, prior to final approval of the severances. The Grand River Conservation Authority recommended that prior to final approval of these applications a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed on the lands which are proposed to be severed in these applications and that development on the lands which are the subject of Submission No.'s B 42/97 and B 49/97 not proceed until the improvement to the Detweiler Greenway has been completed. They suggested that a development agreement been entered into between the owner and the City of Kitchener, similar to a subdividers 4. Submission No. B 42/97 - Geor.qe Voisin - cont'd agreement, to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control, and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they requested that approval of these applications be subject to the provision of permanent electrical services to the severed lands, including the granting of any necessary easements. The Chairman questioned the City's request for a modified subdivision agreement and Mr. J. Willmer gave examples of three types of subdivision agreements advising that this modified agreement will COMMITTEE OF ADJUSTMENT 228 JULY 15, 1997 contain some of the standard conditions and some special conditions. Mr. Varga advised that he has discussed the matter with staff and is satisfied with the modified agreement. Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of George Voisin requesting permission to convey a parcel of land having an area of 24.3 m2 (261.58 sq. ft.) as a lot addition on Part Lot 35, German Company Tract, Being Part of Part 6, Reference Plan 58R-10060, Corner of Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: That the lands to be severed in this application (Shown as Part 8 on the plan submitted with the application) shall be added to the abutting lands (shown as part 9 on the plans submitted with this application and Block 67, Registered Plan 1738) and the retained lands (shown as Part 10 on the Plan submitted with this application) shall be added to the abutting lands (Shown as Part 11 on the plan submitted with this application) and title for each shall be taken in identical ownership as the abutting lands; with any subsequent conveyance or transaction of the parcels complying with Subsections 50 (3) and/or (5) of the Planning Act. 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 8. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including granting any easements the Commission may require for this purpose. 4. Submission No. B 42/97 - Geor.qe Voisin - cont'd 10. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 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. COMMITTEE OF ADJUSTMENT 229 JULY 15, 1997 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 43/97 - B 48/97 - George Voisin, 421 Greenbrook Drive, Kitchener, Ontario Re: Parts of Lot 35, German Company Tract, Being Parts of Parts 1 and 15, Reference Plan 58R- 10060, Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. V. Varga 107 Roseneath Cr. Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to create seven residential lots, 6 lots to be severed and one to be retained with the following dimensions: The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever a parcel of land into seven separate lots fronting the future extension of Eastforest Trail. The City intends on starting construction for the extension of Eastforest Trail from Bankside Drive through to Highland Road this summer. The purpose of submitting the applications prior to the road construction is to allow the service connections to each unit be installed at the time of the installation of the services and construction of the road. The site is bounded by the Detweiler Greenway to the south, existing single detached dwellings to the north and vacant lands to the east. The vacant lands to the east form part of a rectangular property presently having frontage on Highland Road. The rear portion of these lands could become landlocked once the extension of Eastforest Trail and the Detwieler Greenway are complete. There are a number of potential alternatives available to ensure that the lands do not become landlocked. The vacant lands could be developed with the lands to the east which have access off of Bankside Drive (part of Block 37, RP 1797). Alternatively, a public or a private road may be extended from Eastforest Trail to the abutting lands. Until the means of access is 5. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin - cont'd determined, development on these lands must provide an option for access. The applicant proposes to freeze development on Parts 4 and 5 of Plan 58R-10060 to allow the option of constructing a 16.0 metre road. Additional lands outside the right-of-way may be added to Parts 3 and 6 of Plan 58R-10060 to accommodate the additional lot width required for corner lots. In this regard, Parts 4 and 5 of Plan 58R- 10060 will be frozen from development until the access to the lands to the rear is determined. In view of the forgoing, the City has no objection to the consent to sever subject to the owner entering into a subdivision agreement to ensure that the lands are developed to City standards and to ensure access to the lands to the rear are provided for. That application B 43 to B 48~97 each be approved subject to the following conditions: 1. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to COMMITTEE OF ADJUSTMENT 230 JULY 15, 1997 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 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 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, 1.5 metre concrete sidewalks and paved driveway ramps, on the severed lands and retained lands. That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the General Manager of Public Works, and registered on title of all the subject lands; said agreement shall include arrangements for performance securities and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That no building permits shall be issued for Parts 4 and 5 of Plan 85-10060 until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, GCT, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, described as Part of Lot 16, GCT, acceptable to the City's General Manager of Planning and Development. 6. That Eastforest Trail be constructed and opened by By-law prior to the endorsement of any deeds. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, with respect to all the lands which are the subject of Submission No.'s B 42 - B 49/97, inclusive, in which they advised that the purpose of these applications is to provide for the development of 19 single detached residential lots along the future extension of East Forest Trail between Bankside Drive and Highland Road. They noted that portions of the subject lands were considered for development in early 1990's through Draft Plan of Subdivision Application 30T-90026 submitted by Voisin and Lubczuk. Although that application has been circulated by City and Regional staff for review and comment, the application does not proceed to draft plan approval. Since then, they understood that the City of Kitchener has acquired the right-of-way for the extension of East Forest Trail and that construction of the roadway is to commence in the coming weeks. Given that road access to the proposed lots will be come available through this roadway, Regional staff have no objection to the proposed applications for Consent subject to several conditions. 5. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin - cont'd The Committee considered the comments of the Grand River Conservation Authority, with respect to all the lands which are the subject of Submission No.'s B 42/97 - B 49/97, inclusive, in which they advised that the Detweiler Greenway is considered a 1 Zone Policy area in accordance with provincial policy for Flood Plain Planning. Under 1 Zone Policies, no new development is permitted within the flood plain. Given the limits of the existing flood plain development associated with application B 42/97 and B 49/97 would not be permitted as all or a portion of the parcel is within the flood plain. The balance of the land subject to these applications are located outside the existing flood plain; however, a class environmental assessment has been undertaken by the City of Kitchener to address channel improvements on the portion of the Detweiler Greenway beside Bankside Drive and Highland Road. Once the channelworks are completed, the flood plain should be contained within the channel. Hence, the development of the lands subject to application B 42/97 and B 49/97 should not proceed until the channel improvements have been completed. They went on to explain that with respect to the proposed channel alterations and the extension of East Forest trail over the Detweiler Greenway, on May 20, 1997, the Planning & Operations Committee of the Grand River Conservation Authority approved a Fill, Construction and Alteration to Waterways Permit Application for the City of Kitchener subject to several conditions. COMMITTEE OF ADJUSTMENT 231 JULY 15, 1997 To date the conditions have not been satisfied, therefore the permit has not been issued. The development within the Detweiler Greenway is subject to the Detweiler Master Drainage Plan approved in 1989. They were concerned with how stormwater management and sediment and erosion control will be dealt with on the subject lands and requested that a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed prior to final approval of the severances. The Grand River Conservation Authority recommended that prior to final approval of these applications a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed on their lands which are proposed to be severed in these applications and that development on the lands which are the subject of Submission No.'s B 42/97 and B 49/97 not perceived until the improvement to the Detweiler Greenway has been completed. They suggested that a development agreement been entered into between the owner and the City of Kitchener, similar to a subdividers agreement, to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control, and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they requested that approval of these applications be subject to the provision of permanent electrical services to the severed lands, including the granting of any necessary easements. The Chairman questioned Mr. Varga with respect to the City's request of conditions 1 through to 6 and Mr. Varga advised that he was in agreement with the requested conditions. Mr. Varga then advised the Committee that they wished to modify the lot sizes. Mr. Willmer explained that the need for the revision arises because the land to the northeast can not be developed with access to Highland Road. He advised that the rear lands could be accessed through Parts 4 and 5 on the submitted plan and the applicant has agreed to hold back development until access has been decided. He went onto explain that Parts 3 and 6 could be come corner lots. If these do become corner lots, they would not meet the by- law requirements; as the by-law requires corner lots to have a width of 15 m. Also, it would not be possible for the driveways to be located in accordance with the by-law and to make the best possible situation, the conditions should be imposed for Part 3 requiring the driveway to be located at the northerly limit of the lot and for Part 6 to require the driveway to be placed at the most southerly limit of the lot. However, there is a concern that the driveways would still be less than 12 m from what could be a public road. Parts 1, 2 and 7 on the plan could be reduced to 30 ft. lot widths; however, Part 3 and 6 would still fall short of the 15 m requirement. They would only be illegal if Parts 4 and 5 become a public street. 5. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin - cont'd It was noted that Eastforest Trail is to be constructed very shortly and there is a need to put in the services for these lots at the same time. Mr. Willmer suggested that one option would be to hold back Parts 4, 5 and 6 from development. He advised that Parts 4 and 5 are more centrally located on the rear lands. Mr. S. Kay stated that houses could be built on Parts 3 and 6, then, depending on the type of access, these properties could be illegal. Mr. Willmer stated that he found it necessary to bring this forward at this time so the Committee could see the potential future problems. Mr. W. Dahms noted that there may also be problems dealing with fences on corner lots. Mr. Varga advised the Committee that these applications have evolved over the past 6 - 7 years. The owners have had protracted discussions with the owner of the land to the rear, but he is hard to deal with. It has also been difficult for the City to deal with this property owner. Mr. Varga then explained to the Committee the possible different types of access that could be made available to the land at the rear. He stated that they would like to be able to service these lots at the same time that the road is constructed. They would like approval of the seven lots. They could agree to narrower lots, as mentioned by Mr. Willmer and they do not mind holding off development on two lots but not 3 or 4. The Chairman questioned whether there is any other access to the lands at the rear and Mr. Willmer responded that they only have access over other private roads. Mr. Varga advised that access could be available to Highland Road but it would require constructing a bridge. Mr. S. Kay questioned who owns the land to the rear and was advised that the owner was Dr. Kniess. COMMITTEE OF ADJUSTMENT 232 JULY 15, 1997 The Chairman stated that he has a strong resistance to holding up this development for the benefit of the owner of the rear lands, who already has an access. Mr. Varga responded that it is better to leave Parts 4 and 5 reduced in size then eliminate this access for the rear lands. On planning principles, it is a better way to do things; as orderly planning has to provide for optimum development of the lands. Dr. Kniess can leave his lands as is, obtain access over these lands for cluster development or develop his land in conjunction with the abutting lands to the east. He advised that Dr. Kneiss has been accommodated through out all discussions. Mr. W. Dahms questioned whether Mr. Varga knew who Dr. Kneiss's solicitor was and Mr. Varga stated that he thought it was Mr. D. Fedy. Mr. Dahms then declared a conflict of interest with these applications as Mr. D. Fedy is a member of his law firm and took no further part in the discussion or voting with respect to these applications. A discussion then took place as to whether to deal with these applications as submitted, to freeze development on Parts 4 and 5, to change the size of Parts 3 and 6 and whether any changes would require recirculation. Mr. A. Galloway put forward a motion to approve these applications, as submitted, subject to all the requested conditions of all the public agencies. This motion was voted on and lost on a tie vote. Mr. D. McKnight stated that this is not a minor application and should be the subject of a plan of subdivision. He felt that there were too many alternatives and it should proceed by plan of subdivision. Mr. Varga advised that this land was the subject of an application for a plan of subdivision but, at the recommendation of staff, that application was withdrawn and these applications were submitted. Mr. D. McKnight put forward a motion to refuse the applications, as a plan of subdivision was required, which did not receive a seconder. 5. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin - cont'd Mr. S. Kay stated that he wished to see the lots reconfigured so that Parts 3 and 6 would in no way become illegal non-conforming. Mr. Varga stated that he would be happy to widen Parts 3 and 6 by ten feet if this would assist the Committee. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That consideration of Submissions No.'s B 43/97 - B 48/97, George Voisin, be deferred to the Committee of Adjustment meeting scheduled for Tuesday August 19, 1997. Carried Submission No. B 49/97 - B 57/97 - George Voisin, 421 Greenbrook Drive, Kitchener, Ontario. Re: Part of Lot 35, German Company Tract, Being Parts of Parts 4 and 10 and 11, Reference Plan 58R- 10060, Highland Road West at the proposed Eastforest Trail extension. It was noted that Mr. W. Dahms did not have a conflict of interest with these applications, as they do not involve Dr. Kneiss. APPEARANCES: IN SUPPORT: Mr. V. Varga 107 Roseneath Cr. Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 233 JULY 15, 1997 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to create 10 lots for residential use, 9 to be severed and 1 to be retained to have the following dimensions: Submission No. B 49/97 Lot Width - 3.825 m (12.55 ft.) Lot Depth - 35.045 m (114.98 ft.) Lot Area - 724.7 m2 (7,800.97 sq. ft.) Submission No. B 50/97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.045 m (114.98 ft.) Lot Area - 337.0 m2 (3,627.56 sq. ft.) Submission No. B 51/97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.069 m (115.06 ft.) Lot Area - 337.2 m~ (3,629.71 sq. ft.) Submission No. B 52/97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.093 m (115.14 ft.) Lot Area - 337.5 m~ (3,632.94 sq. ft.) Submission No. B 53/97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.117 m (115.22 ft.) Lot Area - 337.7 m~ (3,635.10 sq. ft.) 6. Submission No. B 49/97 - B 57/97 - Geor,qe Voisin - cont'd Submission No. B 54/97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.141 m (115.3 ft.) Lot Area - 337.9 m~ (3,637.25 sq. ft.) Submission No. B 55~97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.165 m (115.37 ft.) Lot Area - 338.2 m2 (3,640.48 sq. ft.) Submission No. B 56~97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.189 m (115.53 ft.) Lot Area - 338.3 m~ (3,641.55 sq. ft.) Submission No. B 57~97 Lot Width - 9.613 m (31.54 ft.) Lot Depth - 35.212 m (115.53 ft.) Lot Area - 338.6 m~ (3,644.78 sq. ft.) The Committee noted the comments of the Department of Planning & Development in which they advised COMMITTEE OF ADJUSTMENT 234 JULY 15, 1997 that the applicant is requesting consent to sever a parcel of land into 10 separate lots fronting the extension of Eastforest Trail. The City intends on starting construction for the extension of Eastforest Trail from Bankside Drive through to Highland Road this summer. The purpose of submitting the applications prior to the road construction is to allow the service connections to each unit to be installed at the time of the installation of the services and construction of the road. The site is bounded by the Detweiler Greenway to the north, existing single detached dwellings to the west and Highland Road to the south. The proposed lots comply to the minimum lot width and lot area requirements according of By-law 85-1. In view of the forgoing, the City has no objection to the consent to sever subject to the owner entering into a subdivision agreement to ensure that the lands are developed to City standards. That applications B 49/97 to 57/97 each 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 and retained 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 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, 1.5 metre concrete sidewalk and a paved driveway ramp, on the severed lands and retained lands. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner enter into a subdivision/servicing agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the General Manager of Public Works, and registered on title of all the subject lands; said agreement shall include arrangements for performance securities and municipal engineering services. 6. That Eastforest Trail be constructed and opened by By-law prior to the endorsement of any deeds. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, with respect to all the lands which are the subject of Submission No.'s B 42 - B 57/97, inclusive, in which they advised that the purpose of these applications is to provide for the development of 19 single detached residential lots along the future extension of Eastforest Trail between Bankside Drive and Highland Road. They noted that portions of the subject lands were considered for development in early 1990's through Draft Plan of Subdivision Application 30T-90026 submitted by Voisin and Lubczuk. Although that application has been circulated by City and Regional staff for review and comment, the application does not proceed to draft plan approval. Since then, they understood that the City of Kitchener has acquired the right-of-way for the extension of East Forest Trail and that construction of the roadway is to commence in the coming weeks. Given that road access to the proposed lots will be come available through this roadway, Regional staff have no objection to the proposed applications for Consent subject to several conditions. The Committee considered the comments of the Grand River Conservation Authority, with respect to all the lands which are the subject of Submission No.'s B 42/97 - B 57/97, inclusive, in which they advised that the Detweiler Greenway is considered a 1 Zone Policy area in accordance with provincial policy for Flood Plain Planning. Under 1 Zone Policies, no new development is permitted within the flood plain. Given the limits of the existing flood plain development associated with application B 42/97 and B 49/97 would not be permitted as all or a portion of the parcel is within the flood plain. The balance of the land subject to these applications are located outside the existing flood plain; however, a class environmental assessment has been undertaken by the City of Kitchener to address channel improvements on the portion of the Detweiler Greenway beside Bankside Drive and Highland Road. Once the channelworks are completed, the flood plain should be contained within the channel. Hence, the development of the lands subject to application B 42/97 and B 49/97 should not proceed until the channel improvements have been completed. COMMITTEE OF ADJUSTMENT 235 JULY 15, 1997 They went on to explain that with respect to the proposed channel alterations and the extension of East Forest trail over the Detweiler Greenway, on May 20, 1997, the Planning & Operations Committee of the Grand River Conservation Authority approved a Fill, Construction and Alteration to Waterways Permit Application for the City of Kitchener subject to several conditions. To date the conditions have not been satisfied, therefore the permit has not been issued. The development within the Detweiler Greenway is subject to the Detweiler Master Drainage Plan approved in 1989. They were concerned with how stormwater management and sediment and erosion control will be dealt with on the subject lands and requested that a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed prior to final approval of the severances. The Grand River Conservation Authority recommended that prior to final approval of these applications a report be submitted to their office detailing how stormwater management and sediment and erosion control will be addressed on their lands which are proposed to be severed in these applications and that development on the lands which are the subject of Submission No.'s B 42/97 and B 49/97 not perceived until the improvement to the Detweiler Greenway has been completed. They suggested that a development agreement been entered into between the owner and the City of Kitchener, similar to a subdividers agreement, to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control, and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they requested that approval of these applications be subject to the provision of permanent electrical services to the severed lands, including the granting of any necessary easements. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Mr. J. Willmer requested that condition no. 5 be amended to require a modified subdivision/servicing agreement. Mr. A. Galloway put forward a motion to approve these applications subject to all the requested conditions of the public agencies. Submission No. B 49/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 3.825 m (12.55 ft.) by a depth of 35.045 m (114.98 ft.) and an area of 724.7 m2 (7,800.97 ft.) on Part Lot 35, German Company Tract, Being Part 4 and Part of Parts 10 and 11, Reference Plan 58R-10060 (Part 12) Eastforest Trail extension, Kitchener, Ontario BE GRANTED subject to the following conditions: 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and COMMITTEE OF ADJUSTMENT 236 JULY 15, 1997 registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 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. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd 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 50/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.045 m (114.98 ft.) and having an area of 337.0 m2 (3,627.56 sq. ft.) on Part of Lot 35, German Company Tract, Being Part of Parts 4, 10 and 11, Reference Plan 58R-10060 (Part 13) proposed Eastforest Trail extension BE GRANTED. 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 5. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be COMMITTEE OF ADJUSTMENT 237 JULY 15, 1997 prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 1999. 6. Submission No. B 49/97 - B 57/97 - Geor,qe Voisin - cont'd Submission No. B 50/97 - 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 51/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.069 m (115.06 ft.) and having an area of 337.2 m2 (3,629.71 sq. ft.) on Part Lot 35, German Company Tract, Being Part of Parts 10 and 11, Reference Plan 58R-10060, (Part 14) proposed Eastforest Trail extension BE GRANTED subject to the following conditions. 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. COMMITTEE OF ADJUSTMENT 238 JULY 15, 1997 That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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. 6. Submission No. B 49/97 - B 57/97 - Geor,qe Voisin - cont'd Submission No. B 51/97 - cont'd Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being July 15, 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 52~97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.093 m (115.14 ft.) and having an area of 337.5 m2 (3,632.94 sq. ft.) on Part Lots 35, German Company Tract, Being Parts of Parts 10 and 11, Reference Plan 58R-10060 (Part 15) proposed extension of Eastforest Trail BE GRANTED subject to the following conditions: 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 and retained lands. That the owner shall pay a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. 3. That the owner shall make satisfactory financial arrangements with the City's General Manager of COMMITTEE OF ADJUSTMENT 239 JULY 15, 1997 Public Works for the installation, to City standards, of boulevard landscaping, including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Submission No. B 52/97 - cont'd 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 July 15, 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 53~97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having an width of 9.613 m (31.54 ft.) by a depth of 35.117 m (115.22 ft.) and an area of 337.7 m2 (3,635.10 sq. ft.) on Part of Lot 35, German Company Tract, Being Part of Parts 10 and 11, Reference Plan 58R-10060 (Part of 16) proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: 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 and retained lands. 2. That the owner shall pay a cash-in-lieu of parkland dedication equal to 5% of the value of the lands COMMITTEE OF ADJUSTMENT 240 JULY 15, 1997 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Submission No. B 53/97 That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 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 54/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.141 m (115.3 ft.) and having an area of 337.9 m2 (3,637.25 sq. ft.) on Part Lot 35, German Company Tract, Being Parts of Parts 10 and 11, Reference Plan 58R-10060 (Part 17)) proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall make satisfactory financial arrangements with the City's General Manager of COMMITTEE OF ADJUSTMENT 241 JULY 15, 1997 Public Works for the installation of all new service connections to the severed and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 6. Submission No. B 49/97 - B 57/97 - Geor,qe Voisin - cont'd Submission No. B 54/97 - cont'd 7. That Eastforest Trail shall be constructed and opened by by-law. 8. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. 9. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 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 Submission No. B 55~97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.165 m (115.37 ft.) and a having an area of 338.2 m2 (3,640.48 sq. ft.) COMMITTEE OF ADJUSTMENT 242 JULY 15, 1997 on Part Lot 35, German Company Tract, Being Parts of Parts 10 and 11, Reference Plan 58R-10060 (Part 18) proposed extension Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Submission No. B 55/97 - cont'd That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 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 July 15, 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 56/97 COMMITTEE OF ADJUSTMENT 243 JULY 15, 1997 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel of land having a width of 9.613 m (31.54 ft.) by a depth of 35.189 m (115.53 ft.) and having an area of 338.3 m2 (3,641.55 sq. ft.) on Part of Lot 35, German Company Tract, Being Parts of Parts 10 and 11, Reference Plan 58R-10060 (Part 19) proposed extension of Eastforest Trail BE GRANTED subject to the following conditions: 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 and retained lands. That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Submission No. B 56~97 - cont'd That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 10. That prior to final approval of proposed lots B 56/97, B 57/97 and the retained parcel adjacent to Highland Road, described as Part 21 on the sketch, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate noise levels from Highland Road and, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved noise study attenuation measures prior to the issuance of a building permit. 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 July 15, 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. COMMITTEE OF ADJUSTMENT 244 JULY 15, 1997 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 57/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of George Voisin requesting permission to convey a parcel on a lot having an width of 9.613 m (31.54 ft.) by a depth of 35.212 m (115.53 ft.) and an area of 338.6 m2 (3,644.78 sq. ft.) on Part of Lot 35, German Company Tract, Being Part of Parts 10 and 11, Reference Plan 58R-10060 (Part 20) proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: 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 and retained lands. 6. Submission No. B 49/97 - B 57/97 - Geor.qe Voisin - cont'd Submission No. B 57~97 - cont'd That the owner shall pay 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, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, and registered on title of the subject land; said agreement shall include arrangements for performance security and municipal engineering security. That the owner shall enter into an agreement with the City of Kitchener to ensure that the lots are developed in accordance with approved plans, particularly stormwater management and sediment and erosion control and to ensure that development on the lots adjacent to the Detweiler Greenway does not occur prior to the completion of the channel improvements. 7. That Eastforest Trail shall be constructed and opened by by-law. That the applicant shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing, including any easements the Commission may require for this purpose. That the owner shall submit to and receive approval from the Grand River Conservation Authority, a report detailing how stormwater management and sediment and erosion control will be addressed on the subject lands. 10. That prior to final approval of proposed lots B 56/97, B 57/97 and the retained parcel adjacent to Highland Road, described as Part 21 on the sketch, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate noise levels from Highland Road and, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved noise study attenuation measures prior to the issuance of a building permit. COMMITTEE OF ADJUSTMENT 245 JULY 15, 1997 11. That prior to final approval of proposed lot B 57/97 the owner shall enter into an agreement with the Regional Municipality of Waterloo to erect an 1.82 m high permanent, maintenance free fence 0.15 m inside the road allowance of Highland Road, across the entire frontage of the parcel to be retained, described as Part 21 on the sketch unless a noise attenuation wall is to be required in accordance with the approved noise study noted in condition no. 10. 12. That prior to final approval of proposed lot B 57/97 the owner shall enter into an agreement with the Regional Municipality of Waterloo to submit a detailed lot grading and drainage plan, to the satisfaction of the Regional Municipality of Waterloo, for the parcel to be retained, described as Part 21 on this sketch, with the Lot grading and drainage plan to illustrate the drainage details for the subject property, abutting properties and the road allowance, to ensure compatible drainage. 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 July 15, 1999. 6. Submission No. B 49/97 - B 57/97 - Geor,qe Voisin - cont'd Submission No. B 57/97 - 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 6. Submission No. B 58/97 -Activa Investments Corporation, 735 Bridge Street West, Waterloo, Ontario Re: Part of Block 25, Registered Plan 822, 70 Wilderness Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. C. Kreller 735 Bridge Street West Waterloo ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for a 0.9 m (2.96 ft.) wide easement over the rear of Part 1, Reference Plan 58R-9948 leading in from Grey Fox Drive. The Committee noted the comments of the Department of Planning & Development in which they advised that this application to the Committee of Adjustment requests consent approval for a registered easement on lands in favour of the abutting lands, in order to provide and secure rear yard access to a townhouse dwelling. These lands are zoned R-6 in By-law 85-1 and section 40.2.5 requires that each dwelling unit shall have unobstructed access at grade or ground floor level at a minimum width of 0.9 metres (3 feet) from the front yard to the rear yard. The By-law allows rear yard access for street townhouse dwellings COMMITTEE OF ADJUSTMENT 246 JULY 15, 1997 either through the building or access over the rear yard of adjacent lands. The applicant wishes to provide rear yard access through adjacent lands which will be secured by a registered easement, in accordance with Zoning By-law requirement. The applicant proposes a 0.9 metre (3 feet) wide easement to provide rear yard access to the dwelling located on Part 4 of Plan 58R-9948. The 0.9 metre wide easement will be located on lands described as Part 1 58R-9948. Townhouses on parts 16, 19, and 22 were constructed prior to the Zoning By-law. As the requested consent for easement is in compliance with Zoning By-law and will provide the required rear yard access to subject lands, the Department of Planning and Development has no concerns with the consent application. That Committee of Adjustment Application B58/97 be approved as submitted conditional upon the following: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal Property Taxes and/or Local Improvement Charges. 6. Submission No. B 58/97 - Activa Investments Corporation - cont'd The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo in which they advised that they have no objections to the approval of this application. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Activa Investment Corporation requesting permission for a 0.9 m (3 ft.) wide easement over the rear of Part 1, Reference Plan 58R-9948 on Part of Block 25, Registered Plan 822, 70 Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following condition: 1. 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 July 15, 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 ADJOURNMENT On Motion, the meeting adjourned at 12:45 p.m. Dated at the City of Kitchener this 15th day of July 1997. D. H. Gilchrist Secretary-Treasurer COMMITTEE OF ADJUSTMENT 247 JULY 15, 1997 Committee of Adjustment