Loading...
HomeMy WebLinkAboutAdjustment - 1997-06-17COA\1997-06-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 17, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior 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 May 27, 1997, as mailed to the members, be accepted. MINOR VARIANCE APPLICATIONS Carried 1. Submission No. A 87/97 - City of Kitchener, 200 King Street West, Kitchener, Ontario Re: Part Block A, Registered Plan 1384, Being Part 1, Reference Plan 58R-10273, 1700 Queen's Boulevard, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. L. Proulx Facilities Manager City of Kitchener CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to develop a community centre, fire station and ambulance depot on a lot having an area of 2.17 hectares rather than the required 4 hectares. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has applied for a reduction in the minimum lot area requirement from 4.0 hectares to 2.17 hectares for the development of the site as a combined community centre and fire station. The lands were formally part of a larger parcel of land 11.41 hectares in size which was severed by the City [under Section 50(3)(c) of the Planning Act] resulting in two parcels, one parcel being the land subject to this variance which has a lot area of 2.17 hectares and a commercial property 9.24 hectares in size developed with 23,612.00 square metres of commercial gross floor area. The existing commercial development is well over the 4.0 hectare minimum which is required by the By-law to service the residents in the surrounding community. COMMITTEE OF ADJUSTMENT 194 JUNE 17, 1997 The Municipal Plan and Zoning By-law both permit public uses within any land use district and zone provided all regulations are complied with. The existing commercial development provides for a wide range of commercial uses as intended by the Municipal Plan. In view of this, and since the use of the lands will be for a public service, the 2.17 hectare parcel of land proposed meets the 1. Submission No. A 87/97 - City of Kitchener - cont'd general intent and purpose of both the Municipal Plan and Zoning By-law. The subject land is sufficient in size for the development of a community centre and fire hall and in view of this, the reduction in lot area is minor. The community in general will benefit by the development of the community centre and fire hall and in this respect, the development is desirable for the appropriate use of the subject lands. The applicants are to obtain receive site plan approval at which time all technical concerns will be addressed. Since the requested variance affects only the lot area and not the minimum yard or parking requirements staff have no objection to the approval of the variance without final approval of a site plan. The Department of Planning and Development recommends approval of Submission A 87/98 subject to the property being developed for a public use. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. Mr. A. Galloway questioned Planning staff with respect to the by-law requirement for hectares and Ms. J. Given advised that that number was arrived at because it was thought that this land would be occupied by a large plaza. The C-3 Zone use would technically require that size of parcel of land. Mr. W. Dahms referred to the site plan submitted with the application and questioned the road shown on the adjacent property that provides access into the rear parking lot. Mr. Proulx responded that when the City purchased the land for the community centre it also purchased a right-of-way over the adjacent lands. Mr. J. Gothard questioned whether the fire hall will have its own access and egress and Mr. Proulx responded that it will and that the right-of-way on the abutting lands will be the access for the community centre. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of the City of Kitchener requesting permission to develop a community centre, fire station and ambulance depot on a lot having an area of 2.17 hectares rather than the required 4 hectares on Part Block A, Registered Plan 1384, Being Part 1, Reference Plan 58R-10273, 1700 Queen's Boulevard, Kitchener, Ontario BE APPROVED, subject to the following condition: That the variance as approved in this application is subject to the property being developed for a public use. 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 88/97 - Marty & Mary Ann Wasilka, 90 Chestnut Street, Kitchener, Ontario. Re: Lot 8, Registered Plan 144, 90 Chestnut Street, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 195 JUNE 17, 1997 IN SUPPORT: Mr. & Mrs. M. Wasilka 90 Chestnut Street Kitchener, Ontario CONTRA: NONE 2. Submission No. A 88/97 - Marty & Mary Ann Wasilka - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to replace the back porch with a roofed porch and steps to have a southerly sideyard of 0 m rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting a reduction in the southerly side yard form 12 metres to zero. The variance is requested to legalize an existing deck and to allow for the construction of a roof over the deck. The applicants have advised that they are replacing a deck rather than repairing it. The old deck has never been included on a survey and there is no building permit on file for the deck and in this respect, there are no records to confirm if the deck was ever legal. The deck requires a 1.2 metre side yard since it is greater than 0.6 metres above the finished grade. The deck sits approximately 1.0 metres above the finished grade. The two storey dwelling was constructed in approximately 1912 with a one storey addition being added some time after at which time an exterior door was included approximately 1.0 metres above grade. The adjacent single detached dwelling is located approximately 2.4 metres from the property line adjacent to the deck and has a black wall at this location. The general intent and purpose of the by-law and the official plan are being maintained in this instance for the existing deck. The construction of the dwelling and the one storey addition predates the by-laws. The design of the one storey addition included an exterior door which would have required a landing. Many of the yards in the area vary due to the age of the dwellings in this part of the City and the deck is not out of character in this neighbourhood and is considered minor. In view of this, and in consideration of the height of the deck and since the wall directly opposite the deck of the adjacent dwelling is a blank wall, the development of the deck is desirable for the appropriate development of the subject lands. The applicants should be aware that the Committee has no authority to legalize an encroachment. Staff do not support the erection of a roof over the deck as the construction of the roof may cause part of the roof to over hang the abutting property and create an encroachment onto the abutting neighbours property. It is staffs opinion that the erection of a roof over the deck would be a substantial intrusion to the adjacent property and could not be considered minor. The Department of Planning and Development recommends approval of Submission A 88/97 without conditions for a reduction in the side yard set back from 1.2 metres to zero for the deck only. The Committee noted the comments of the Director of Building, Zoning & Inspections in which he advised that a building permit is required to construct the new porch and roof. All supports shall be clad with non- combustible material and the roof drainage shall not be directed on to adjacent property. The Committee noted the comments of the Engineering Department, Regional of Waterloo, in which they advised that they have no concerns with this application. Mr. D. McKnight questioned the neighbour's property and what is directly across from the proposed roofed deck. Mr. M. Wasilka advised that there is a small enclosure that covers the rear door on the house, which goes into their basement. He advised that closer to the street is a two storey brick house which is closer to the street than their own. Mr. D. McKnight questioned whether there are any windows on that side of the house, adjacent to where the roofed deck would be located and Mr. Wasilka advised that there are not. COMMITTEE OF ADJUSTMENT 196 JUNE 17, 1997 2. Submission No. A 88/97 - Marty & Mary Ann Wasilka - cont'd Mr. W. Dahms noted that the water run-off from their proposed roof may not drain onto the neighbour's property and Mr. Wasilka advised that the roof over the porch will have eaves and they will be able to control the drainage. Mr. W. Dahms then questioned staff with respect to maintenance and Ms. J. Given advised that it was originally a concern to staff; however, staff have been advised that the material for this addition will not require maintenance. Mr. M. Wasilka advised that the deck and posts for the roof will be constructed of pressure treated wood and the eaves will be aluminum. Mr. S. Kay pointed out that, in looking at the survey provided by the applicant, there are no iron bars shown to delineate this side Iotline and if there is an encroachment because of inaccuracies in the survey the Committee would not be in a position to approve of them. Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Marty & Maryann Wasilka requesting permission to replace the back porch with a roofed porch and steps to have a southerly sideyard of 0 m rather than the required 1.2 m (4 ft.) on Lot 8, Registered Plan 144, 90 Chestnut Street, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That all drainage from the roof of the porch shall be directed onto the applicants' own property. That the owners shall obtain a building permit prior to constructing the roofed porch and that all supports shall be clad with non-combustible material. 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 89/97 - Patricia J. Wilkie, 62 Stirling Avenue North, Kitchener, Ontario. Re: Part Lot 37, Registered Plan 77, 62 Stirling Avenue North, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. P. Wilkie 62 Stirling Avenue North Kitchener Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to install a driveway, in the front yard, to the left of the front porch. The parking space will be 5.41 m (17.77 ft.) long rather than the required 5.63 m (18.5 ft.) with the parking located up to the Iotline along Stirling Avenue rather than being setback 6 m (19.69 ft.) from the Iotline along Stirling Avenue. COMMITTEE OF ADJUSTMENT 197 JUNE 17, 1997 3. Submission No. A 89/97 - Patricia J. Wilkie - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to install a driveway on the south side of the property to provide a parking space. The driveway would have a width of 3.35 m (11 ft.) and a length of 5.42 m (17.77 ft.) rather than the required 5.49 m (18 ft.). The parking space would be located up to the lot line abutting Stirling Avenue North rather than the required setback of 6 m (19.69 ft.). The applicant currently has no place to park on this property. The Bylaw requires a driveway be located leading directly from a street to a parking space located a minimum distance of 6.0 m (19.69 ft.) from the street line which is physically impossible given the size of the lot. The intent of the 6.0 m (19.69 ft.) setback for the parking capsule is to maintain a consistent streetscape by encouraging that garages be built behind the main facade of the house and not become a prominent feature of the streetscape. The parking space is required to be 8.53 ft. (2.6 m) wide by 5.49 m (18 ft.) long. The parking space length requested in this application should be amended to show a required length of 5.49 m (18 ft.) rather than the 5.63 m (18.5 ft.) originally indicated. This application meets the intent of the by-law and can be considered minor in nature, as it recognizes the property's existing layout and intent to provide parking on the property rather than on the street. There is no garage proposed on the subject property, therefore the addition of the proposed parking space would be no different than homes with one car parked in the garage and one car in the driveway. In this regard, the streetscape will not be adversely affected. Traffic and Planning Department staff believe that this application can also be considered minor in nature because the size of the parking space could physically accommodate a motor vehicle without any encroachment onto the sidewalk. Staff note that any curb cutting that takes place must comply with the City's curb cutting standards. Accordingly, the Department of Planning and Development recommends approval subject to the variances submitted in application A 89/97 as shown on the applicant's submitted sketch. The Committee noted the comments of the Traffic & Parking Division in which they advised that the existing hydro pole in the boulevard could impede turning movements into the driveway. They recommended that this should be reviewed by the K-W Hydro in terms of their clearance requirements from poles. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that the applicant should be advised that when installing the driveway, they must provided a minimum of 1 m clearance from the existing hydro pole. The Committee noted the comments of the Engineering Department, Regional Municipality of Waterloo, in which they advised that they have no concerns with this application. The Chairman recommended to Ms. Wilkie that, in light of the comments from the Kitchener-Wilmot Hydro, she should review the matter with them directly. Mr. A. Galloway questioned where Ms. Wilkie parks her car now and she advised that she has been able to park her car at the church across the street when it is convenient for them, having to remove the car during church meetings etc. Mr. W. Dahms questioned staff as to whether there is another by-law which kicks in and requires pavement. Mr. R. Morgan advised that the by-law requires a hard surface but not necessarily asphalt. Mr. W. Dahms then questioned the applicant as to whether there were other people on this street with the same problem and Ms. Wilkie responded that there are not because of the size of her lot, being much smaller than others on the street. COMMITTEE OF ADJUSTMENT 198 JUNE 17, 1997 3. Submission No. A 89/97 - Patricia J. Wilkie - cont'd Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Patricia Wilkie requesting permission to install a driveway, in the front yard, to the left of the front porch, with the parking space being 5.41 m (17.77 ft.) long rather than the required 5.49 m (18 ft.) with the parking located up to the Iotline along Stirling Avenue rather than being setback 6 m (19.69 ft.) from Stirling Avenue on Part Lot 37, Registered Plan 77, 62 Stirling Avenue North, Kitchener, Ontario BE APPROVED subject to the following conditions: That, in compliance with the request of the Kitchener-Wilmot Hydro, the applicant shall provide a minimum of 1 m clearance from the existing hydro pole, when installing the driveway. That the variance as approved in this application shall apply to the proposed driveway as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 4. Submission No. A 90/97 - Barbara C. Foell, 178 Weber Street East, Kitchener, Ontario. Re: Lot 56, Subdivision of Lot 2, German Company Tract and Part Lots 1, 14, 15 and 16, Registered Plan 264, Being Parts 1 & 2, Reference Plan 58R-5043, together with a right-of-way over Part 3, Reference Plan 58R-5043, 178 Weber Street East, Kitchener, Ontario. Mr. S. Kay declared a conflict of interest with this application, as his law firm represents the proposed purchaser of this property and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Ms. B. Foell 178 Weber Street East Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing building, containing a professional office and one residential apartment, having a setback from Weber Street of 1.6 m (5.32 ft.) rather than the required 3 m (9.85 ft.), a right sideyard of 1.26 m (4.21 ft.) rather than the required 3 m (9.85 ft.), a left sideyard of 2.14 m (7.12 ft.) rather than the required 3 m (9.85 ft.) and an accessory building having a sideyard of 0.81 m (0.6 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the owner is requesting relief from the front yard and side yard provisions of the CR-1 Zone, to recognize the location of the existing buildings and allow conversion of the main building to office use. COMMITTEE OF ADJUSTMENT 199 JUNE 17, 1997 4. Submission No. A 90/97 - Barbara C. Foell - cont'd The main building has a front yard of 1.6 m, whereas the by-law requires 3.0 m. The small accessory building has a side yard of 0.18 m, whereas the by-law requires 1.2 m for buildings accessory to a commercial use. The application requests variances for both side yards of the main building; however, as the building does not exceed 10.5 m in height, it complies with the minimum 1.2 m requirement. An additional variance has been identified, as the 12.7 m lot width does not comply with the minimum 15 m requirement. The application should be revised accordingly. The ground floor of the building was converted to office use approximately six years ago. At that time the lot was zoned R2B which did not permit office use. The property was rezoned to CR-1 in Stage 6 of the Comprehensive Zoning By-law. Office use is permitted in the CR-1 Zone; however, the lot and building do not comply with all regulations of the zone. There is no legal non-conforming status, as the use was illegal at the time of the rezoning. The 'Vacuum Clause' of the by-law applies to dwellings in commercial-residential zones, but not to commercial uses. Variances are now sought as the property is being sold. The purchaser intends to use the building for office use, and possibly one dwelling unit. It is noted that there is a limited number of parking spaces provided on site. This could limit the amount of floor space which could be used as office. It may be possible to provide additional parking spaces on site; however, this might be difficult given the irregular configuration of the site. The parking spaces shown on the plan submitted with the application are not functional; the applicant should improve access to these spaces in accordance with an approved parking plan. In the case of the accessory building, staff would normally recommend that such a small building simply be moved in order to achieve compliance; however, the existing location is easily accessible to the building, and no other location on site lends itself as well for the purpose. Furthermore, if the building were accessory to a dwelling it would not require any side yard as it is less than 10 square metres in area. The impact of the variances is minor as they recognize existing lot width and building locations and legalize a use which has been established for six years without significantly affecting adjacent lands. The reduced front yard and lot width are similar to most other buildings on the block. The lot also benefits from a mutual right-of-way, which effectively increases the lot width by another 1.8 m. The proposal maintains the general intent and purpose of the by-law and official plan by allowing for a mix of commercial and residential uses at a scale which is compatible with the established built form of the area. The variances are desirable for the appropriate development and use of the land as the lot has enough depth to provide parking spaces to support commercial use. There is no apparent reason to limit this approval to office use only, as other permitted commercial uses would also be appropriate in the existing building, despite its reduced front yard and lot width. The Department of Planning and Development recommends approval of Submission A 90/97, as revised to vary the regulations for lot width, front yard and accessory building side yard only, subject to the following condition: That a parking plan for the rear yard parking area be submitted to and approved by the Director of Traffic and Parking Services, and that the required improvements to the rear yard parking area be completed in accordance with the approved plan, to the satisfaction of the Director of Traffic and Parking Services, prior to October 1, 1997. No extension to this completion date shall be granted unless approved in writing by the Manager of Community Planning and Development Review prior to the completion date set out in this decision. 4. Submission No. A 90/97 - Barbara C. Foell - cont'd COMMITTEE OF ADJUSTMENT 200 JUNE 17, 1997 The Committee noted the comments of the Traffic & Parking Division in which they advised that the access to the rear parking stalls was restricted due to the extensive landscaping which could be damaged by vehicles maneuvering to and from the parking stalls. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that, in the Region's comments for Zone Change Application 91/13/W/JW, they identified a requirement for a 10 ft. road allowance widening from this property. It appears that this road widening was not included as a condition of the zone change as they did not receive the widening. The 10 ft. widening is therefore still required; however, it may not be appropriate to acquire the widening under this application. Mr. J. Gothard advised that he was concerned that the parking plan for the rearyard be provided. He questioned Ms. Foell as to whether she had submitted a site plan. Ms. Foell advised that she has not yet submitted the site plan required by staff. She did provide a sketch of the existing parking layout but it is not consistent with the required layout. Mr. A. Galloway questioned staff with respect to the Zoning By-law and Ms. J. Given responded that the by-law had covered off the existing use; however, the rezoning did not take into consideration all the regulations. The Chairman referred to the staff comments with respect to the required amendment and Ms. Foell asked that the Committee agree to consider the amendment recommended by staff. Moved by Mr. D. McKnight Seconded by Mr. W. Dahms That the application of Barbara C. Foell requesting legalization of an existing building having a setback from Weber Street of 1.6 m (5.32 ft.) rather than the required 3 m (9.85 ft.), on a lot having a width of 12.7 m (41.67 ft.) rather than the required 15 m (49.22 ft.) and the location of an accessory building having a sideyard of 0.81 m (0.6 ft.) rather than the required 1.2 m (4 ft.) on Lot 56, Subdivision of Lot 2, German Company Tract and Part Lots 1, 14, 15 & 16, Registered Plan 264, Being Parts 1 & 2, Reference Plan 58R-5043, together with a right-of-way over Part 3, Reference Plan 58R-5043, 178 Weber Street East, Kitchener, Ontario BE APPROVED subject to the following condition: That a parking plan for the rearyard parking area shall be submitted to and approved by the Director of Traffic & Parking Services with the required improvements to the rearyard parking area being completed in accordance with the approved plan, to the satisfaction of the Director of Traffic & Parking Services, prior to October 1, 1997 and further That the no extension to this completion date shall be granted unless approved in writing by the Manager of Community Planning and Development Review prior to this completion date. 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 91/97 - Fred Buttinger, 70 Westmount Road West, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 201 JUNE 17, 1997 Re: Part Lots 7 & 18, Registered Plan 988, 650-654 Fairway Road South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Buttinger 70 Westmount Road West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant permission to provide 68 off-street parking spaces for all the uses on this site plus proposed automobile sales and accessory office rather than the required 74 off- street parking spaces. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located on the west side of Fairway Road just north of Manitou Drive and are developed with two commercial buildings, currently used primarily for automotive related uses. The property is designated Highway Commercial in the Municipal Plan and is zoned Service Commercial Zone (C-6) according to Zoning By-law 85-1. The current uses of the property require the provision of 72 parking spaces. However in 1989, the Committee of Adjustment approved minor variance application A 18/89 to permit 68 parking spaces rather than the required 72 parking spaces. The owner of the lands now wishes to add the sale of motor vehicles as a use on the site, which would increase the required parking to 74 spaces. As 68 parking spaces is the maximum number which can be physically accommodated on site, the owner is now requesting another variance to permit 68 parking spaces rather than the required 74 parking spaces. The commercial uses currently located on the subject lands are operated such that the parking requirements far exceed the practical every day requirement for customer and staff parking. The dominant uses of the site are drive-in vehicle repair shops where customers wait while repairs are being made. Accordingly, the service bays act as parking spaces for the majority of customer vehicles. The site has operated well with 68 parking spaces since 1989, with no evident parking problems. With the current mix of tenants, the owner expects that the addition of vehicle sales could easily be accommodated with the existing 68 parking spaces. It should be noted that in two separate mid-day site visits by staff, less than 50 percent of the parking spaces provided were being used. However, only 38 of the 68 parking spaces have been demarcated. Since it is expected that the current and proposed commercial uses would be able to operate without causing vehicles to be parked in illegal or off-site locations, the requested variance would maintain the general intent of both the Municipal Plan and Zoning By-law and could 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 91/97, to permit 68 parking spaces rather than the required 74 parking spaces be approved, subject to the following condition: That 68 parking spaces be clearly demarcated on site to the satisfaction of the City's Manager of Community Planning and Development Review, prior to September 15, 1997. No extension to this completion date shall be granted unless approved in writing by the City's Manager of Community Planning and Development Review prior to the completion date set out in this decision. 5. Submission No. A 91/97 - Fred Buttinqer - cont'd The Committee noted the comments of the Traffic & Parking Division in which they advised that the COMMITTEE OF ADJUSTMENT 202 JUNE 17, 1997 Division is prepared to support the variance to the required on-site parking, provided that the parking is demarcated in accordance with the approved site plan. Observations on the site indicated that only 37 parking spaces are currently marked on this site and several of these are not functional as they are occupied or blocked by garbage recepticals. Also, only one row of parking is provided in the middle of the parking lot rather than a double row as shown on the plan. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. The Chairman questioned Mr. Buttinger as to whether or not he had any disagreements with the Planning Department's recommended condition and he advised that he was in agreement with the recommended condition. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Fred Buttinger requesting permission to provide 68 off-street parking spaces for all the uses on this site plus the proposed automotive sales and accessory office rather than the required 74 off-street parking spaces on Part Lots 7 & 18, Registered Plan 988, 650-654 Fairway Road South, Kitchener, Ontario BE APPROVED subject to the following condition: That the 68 off-street parking spaces shall be clearly demarcated on the site to the satisfaction of the City's Manager of Community Planning and Development Review, prior to September 15, 1997; with no extension to this completion date being granted unless approved in writing by the City's Manager of Community Planning & Development Review, prior to the completion date. 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 92~97 - Lorraine & Charles Carr, 4 Locust Street, Ontario. Kitchener, Re: Part Lot 17, Registered Plan 157, 4 Locust Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. V. Mathews 203-100 Ahrens Street West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to provide 2 off-street parking spaces, for a home and home business, up to the Iotline along Victoria Street rather than being setback 6 m (19.69 ft.) from the Iotline along Victoria Street. 6. Submission No. A 92~97 - Lorraine & Charles Carr - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised COMMITTEE OF ADJUSTMENT 203 JUNE 17, 1997 that the applicant is requesting permission to provide 2 off-street parking spaces, for a home and home business, up to the lot line along Victoria Street rather than being set back 6 m (19.69 ft.) from the lot line. The property is currently developed with a parking area measuring 18 ft. (5.48 m) wide by 20 ft. (6.09 m) deep located up to the lot line abutting Victoria Street. A single parking space is required to be 8.5 ft. (2.59 m) wide by 18 ft. (5.48 m) deep. In this regard, the existing parking area could accommodate two parking spaces. The intent of the 6.0 metre setback requirement is twofold; firstly, for aesthetic reasons, so that garages don't form a primary part of the streetscape, and secondly, the 6 metres remaining allows for a second car to be accommodated off the street. The intent of the By-law is therefore being maintained as the two parking spaces are located beside each other and would not encroach onto the sidewalk. Additionally, as there is no garage proposed, the parking area would not adversely affect the existing streetscape. It is the opinion of this Department that the variance requested can be considered minor in nature as the parking area has existed without complaint and its impact on the surrounding neighbourhood is negligible. The Department of Planning and Development recommend approval of Submission A 92/97 as it relates to the existing situation shown on the sketch submitted by the applicant. The Committee noted the comments of the Traffic & Parking Division in which they advised that they had no concerns regarding the two off-street parking spaces. The Committee noted the comments of the Engineering Department, Regional Municipality of Waterloo, in which they advised that, at this location, Victoria Street has an existing road allowance width of 66 ft. and designated road allowance width of 86 ft.; therefore, a 10 ft. road widening is required from the Victoria Street frontage of this property. A 25 ft. daylighting triangle is also required at the intersection of Victoria Street and Locust Street. They stated that it may not be appropriate to acquire the road widening and daylight triangle under this application. Further, they advised that access to a small parking area for two vehicles currently exists from Victoria Street. A discussion then took place concerning the sketch submitted with this application. Mr. W. Dahms questioned whether there would be a requirement for a curb cut and Mr. R. Morgan responded that there is one there now. Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Lorraine & Charles Carr requesting permission to provide two off-street parking spaces for a home and home business, up to the Iotline along Victoria Street rather than being setback 6 m from the Iotline along Victoria Street on Part Lot 17, Registered Plan 157, 4 Locust Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the variance as approved in this application shall apply to the two parking spaces shown on the sketch submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS Submission No. B 34/97 - Beechwood L.K.W. Holding Inc., 2890 Glasgow Street, Kitchener, Ontario COMMITTEE OF ADJUSTMENT 204 JUNE 17, 1997 Re: Parts 1, 3, 4 & 5, Reference Plan 58R-8629, 890 Glasgow Street, Kitchener, Ontario. Mr. S. Kay declared a conflict of interest with this application as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. J. Lee 585 Windgrove Court Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Glasgow Street of 51.25 m (168.15 ft.) by a depth of 76.25 m (250.17 ft.) and having an irregular shape. The proposed use of the property is professional offices. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to sever 890 Glasgow Street which is located on the corner of Fisher Hallman Road and Glasgow Street. The subject lands are partially developed with a health clinic. The lands to be severed remain vacant. The owners have received site plan approval and an agreement has been registered on title against the entire property. The site has been designed on the basis of one owner for the entire property, allowing for a second phase of development on the vacant portion. Because of this, rights-of-way and easements are required for services and vehicular access and on-site circulation. Accordingly, an easement is required over the lands to be retained (the developed lands) for the provision of water, sanitary sewer and storm sewers in favour of the lands to be severed, as shown on Schedule "A" attached. Typically, the Department of Public Works requires separate services for individual properties, however, given the circumstances, there is agreement to allow the existing infrastructure to be used, subject to an easement agreement between private parties indemnifying the City from liability and future maintenance. The site plan for this property was approved with two accesses to Glasgow Street. Since both points of access were intended to be used by both buildings, a right-of-way is also required to be established over both the lands to be severed and retained in favour of the other. Schedule "B", attached shows the location of the right-of-way required for vehicular access, over the lands to be retained, in favour of the lands to be severed. The registered Site Plan illustrates a proposed building location for the lands to be severed which would not comply if the lands were severed as proposed. The owners do not have a purchaser for the lands to be severed and therefore do not know what development is contemplated. Rather than submit a minor variance application to allow the building to be constructed according to the site plan, it is the owners' preference that the Department revise the site plan to include only their lands, requiring the future developer of the severed lands to submit a site plan application for their own property. However, in order to provide proper vehicular access and traffic circulation, given the partial development of the site, a right- of-way over that portion of the site which 1. Submission No. B 34/97 - Beechwood L.K.W. Holdinq Inc. - cont'd shows parking and traffic aisles on the approved site plan should be granted, in favour of the retained lands. This will allow the purchaser some latitude in locating the building in compliance with the side yard requirements while maintaining an appropriate parking arrangement and granting a right of way in favour of the other property. Schedule "C" shows the location of the right-of-way required over the severed lands in favour of the retained lands. COMMITTEE OF ADJUSTMENT 205 JUNE 17, 1997 Accordingly, the application should be revised to include the easement and rights-of-way as generally shown attached. Detailed Reference plans will be required prior to endorsing the deed. Staff met with the Owner and they are in agreement with adding the easement and right-of-way requirements. The lands to be retained comply with the zoning by-law in all respects. The Department of Planning and Development has no objections to the severance subject to the easement and rights-of-way being established as outlined herein, which will ensure the proper and orderly development of the properties in a comprehensive fashion, as contemplated, which allowing separate title to be given for the development of the second phase. The Department of Planning and Development recommends that Application B 34/97, be approved, as revised to include an easement and rights-of-way, subject to the following conditions: That the easement document granting an easement over the lands to be retained in favour of the lands to be severed, for water, sanitary, and storm sewers, be approved by the City Solicitor and contain acknowledgements to the effect that: a) There is no obligation whatsoever on the part of the City of Kitchener to maintain, construct or improve the watermain, sanitary sewer and storm sewer on the Owner's lands, and; b) That all necessary maintenance, construction and improvements to the watermain and sanitary sewer and storm sewer shall be the sole responsibility of the Owners. That draft reference plans showing the proposed rights-of-way over each property and easement over the retained lands be approved by the Manager of Community Planning and Development Review. That a joint maintenance agreement, to be approved by the City Solicitor, be registered against title of both the severed and retained lands, to ensure that rights-of-way for access to both properties are maintained in perpetuity. That the owner submit an application to amend Schedule "B" of the registered Section 41 Agreement, to cover only the 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. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that they have no concerns or requirements with this application. The Chairman questioned staff as to whether a site plan has been approved and Ms. J. Given responded that it has and staff are requesting that the site plan agreement be revised for only the retained land. When questioned by the Chairman, Ms. J. Given advised that the technical concerns of staff have been addressed. Mr. A. Galloway questioned Mr. Lee as to whether he had reviewed the conditions recommended by staff and he advised that he reviewed them and is in agreement with them. 1. Submission No. B 34/97 - Beechwood L.K.W. Holdinq Inc. - cont'd At the request of Mr. Lee, the Committee agreed to consider amendments to the application for easements and rights-of-way as noted in the Department of Planning & Development comments. Mr. A. Galloway stated that staff have reviewed this application thoroughly and all issues have been addressed. He moved approval of the amended application subject to the five conditions requested by staff. Moved by Mr. A. Galloway COMMITTEE OF ADJUSTMENT 206 JUNE 17, 1997 Seconded by Mr. W. Dahms That the application of Beechwood L.K.W. Holding Inc. requesting permission to convey a parcel of land having a width on Glasgow Street of 51.25 m (168.15 ft.) by a depth of 76. 25 m (250.17 ft.) and having an irregular shape; together with an easement over the retained lands for the watermain, storm sewer and sanitary sewer; together with a right-of-way over the retained lands for access; and reserving a right-of- way over the severed lands on Part Block 56, 57 & 58 and 61, Registered Plan 1625, 890 Glasgow Street, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall submit the easement document granting an easement over the lands to be retained in favour of the lands to be severed, for water, sanitary, and storm sewers, shall be approved by the City Solicitor, registered on title and contain acknowledgements to the effect that: a) There is no obligation whatsoever on the part of the City of Kitchener to maintain, construct or improve the watermain, sanitary sewer and storm sewer on the Owner's lands, and; b) That all necessary maintenance, construction and improvements to the watermain and sanitary sewer and storm sewer shall be the sole responsibility of the Owners. That the owner shall submit a draft reference plans showing the proposed rights-of-way over each property and easement over the retained lands to be approved by the Manager of Community Planning and Development Review. That the owner shall submit a joint maintenance agreement, to be approved by the City Solicitor, be registered against title of both the severed and retained lands, to ensure that rights-of-way for access to both properties are maintained in perpetuity. That the owner shall submit an application to amend Schedule "B" of the registered Section 41 Agreement, to cover only the retained lands. That the owner shall make satisfactory arrangements be made 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 June 17, 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 35/97 - Honsberger Lumber Inc., 10 Stewart Street, Kitchener, Ontario Re: Parts 1,2 & 3 Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario. The Secretary-Treasurer advised that, due to problems with circulating notice of the application, the application has been withdrawn from this meeting and will be recirculated for the July 15, 1997. APPLICATIONS Submission No. B 38/97 & B 39/97 - Paul & Laura Allan, 753 Glasgow Street, Kitchener, Ontario. Parts of Lot 2, Registered Plan 693, 753 Glasgow Street, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 207 JUNE 17, 1997 Mr. S. Kay declared a conflict of interest with this application as his law firm acts for a company in which the applicants shares and did not participate in any discussion or voting with respect to this application. APPEARANCES: IN SUPPORT: Mr. & Mrs. P. Allan 753 Glasgow Street Kitchener, Ontario CONTRA: Ms. J.A. Chapman 11 Dyman Crt Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: 2 Neighbourhood Petitions Mr. lan McPhee 763 Glasgow St. Kitchener ON N2M 2N7 Ms. J.A. & Ms. B. Chapman 11 Dayman Court Kitchener ON N2M 3A1 Mr. & Mrs. lan Atkinson 743 Glasgow Street Kitchener ON N2M 2N7 Mr. & Mrs. B. Pyatt 733 Glasgow Street Kitchener ON N2M 2N7 The Committee was advised the applicant is requesting permission to sever 2 residential lots from the rear of this property, each to have a width of 16.08 m (52.785 ft.) and depth of 33.52 m (110 ft.). The lots will have a frontage on Inadale Court. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicants are proposing to sever two residential lots from the rear of the Glasgow Street property, to have frontage on Inadale Court with each lot having a width of 16.08 metres (52.78 feet) and a depth of 33.52 metres (110 feet). The proposed lots are intended to be used for single detached dwellings. The rear portion of the property is zoned R-3 according to By-law 85-1, which would permit the creation of lots conforming with the existing zoning. The proposed retained parcel has an existing dwelling fronting onto Glasgow Street and is also very heavily treed. The zoning for the retained parcel is R-2. 1. Submission No. B 38~97 & B 39~97 - Paul & Laura Allan - cont'd The entire lot is covered with trees and the proposed construction of two dwellings would necessitate the removal of some trees. Staff have had discussions with the applicants, received numerous phone calls and inquiries from abutting property owners and attended a meeting organized by the objecting residents on June 10, 1997, to hear their concerns. The property owners in the immediate area expressed concerns about the construction of two new single detached dwellings and the impact of the removal of numerous trees along the future Inadale Court frontage. Staff note that the proposed severances as submitted would also have the impact of eliminating any development potential on abutting lands for future orderly development. Staff are of the opinion that it would be appropriate to defer the application to allow additional review and discussion of the various issues together with all parties. COMMITTEE OF ADJUSTMENT 208 JUNE 17, 1997 That the application be deferred to the next Committee of Adjustment meeting of July 15, 1997, in order that these applications can be further considered with all affected property owners. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo in which they requested a deferral of this application until the Regional Department of Community Health has had an opportunity to review and comment on this proposal. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested a condition for satisfactory arrangements for the provision of electrical services should this application be approved. There was a group of neighbours in the audience appearing in opposition to the application and the Chairman requested a spokesperson for the group to come forward. Ms. J. A. Chapman came forward as the spokesperson for the group. The Chairman then advised those present that both the City of Kitchener Planning Department and the Department of Planning & Culture at the Region of Waterloo were requesting a deferral of this matter to the Committees next meeting. He questioned the spokesperson for the group as to whether this would cause a hardship and after confirming with those residents in the audience Ms. Chapman advised that one of their group would not be able to come to the July 15th meeting but she did not see this as being an impediment to the deferral. Mr. Z. Janecki, Intermediate Planner, advised the Committee that he would be meeting with the applicants and the neighbours to try and address the issues and if the Committee would agree to the deferral he would establish a meeting, possibly the following Tuesday evening, to meet with all those having an interest in the application to try and address the issues. The Committee agreed to defer consideration of these applications to their meeting to be held on Tuesday July 17, 1997, at 10:30 a.m. 2. Submission No. B 40/97 - Freure Developments Limited in Trust, 501 Krug Kitchener, Ontario Street Re: Parts 4 & 5, Reference Plan 58R-7422, 389 Pinnacle Drive, Kitchener, Ontario. The Secretary-Treasurer advised that, due to problems with circulating notice of the application, the application has been withdrawn from this meeting and will be recirculated for the July 15, 1997. ADJOURNMENT On Motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 17th, day of June 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment