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HomeMy WebLinkAboutAdjustment - 1997-08-19COA\1997-08-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 19, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, S. Kay and A. Galloway. OFFICIALS PRESENT: Mr. J. Given, Senior Planner, Ms. J. Kalbfleisch, Zoning Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 10:30 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 July 15, 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 The Committee was advised the applicant is requesting legalization of an existing triplex on a lot having an area of 419.58 m2 (4,516.3 sq. ft.) rather than the required 495 m2 (5,328.31 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of an existing triplex on a lot having an area of 419.582 (4,516.4 sq. ft.) rather than the required 495 m2 (5,328.31 sq. ft.). This application has been deferred since the April 15, 1997 meeting to allow the applicant to acquire evidence required for supporting the use of the property. According to the applicant, the three unit apartment building at the subject property has existed for some time. Recently, the property was sold and through this transaction, it was recognized by City staff that the lot area is deficient. The property is located at the corner of Weber and Wilhelm Streets. The date the buildings were COMMITTEE OF ADJUSTMENT 249 AUGUST 19, 1997 constructed on the property is unknown; however, it is estimated they were built approximately 1900. Due to the age of the buildings and the existing use, the other zoning regulations are deemed to comply under the Vacuum Clause of the Zoning Bylaw. The lot area does not comply and the 1. Submission No. A 59/97 - 839743 Ontario Limited - cont'd deficiency is greater than the 90% lot area reduction (445.5 m2) permitted under the Vacuum Clause. The reduction in lot area can be considered minor in nature, as it recognizes an existing situation and does not adversely affect the neighbouring properties. The intent of the minimum lot area requirement for a multiple dwelling is to allow sufficient room for the building, as well as an amenity area and required parking. A three unit apartment requires three legal parking spaces. Presently, the gravel parking area, which has no demarcated parking spaces, can be accessed by either a gravel driveway fronting onto Wilhelm Street or from a driveway accessed from Weber Street. The southwest gravel driveway encroaches onto the abutting C.N.R. lands. It should be noted that the City has no authority to sanction encroachments on private property. The rear yard can sufficiently accommodate 3 legal parking spaces. After a site inspection and review of the submitted parking plan, Traffic and Parking staff recommend the revised attached parking plan. The three parking spaces would comply with minimum size requirements and the minimum 3.0 m setback from the Weber Street property line. This revised parking plan requires demarcated side by side parking spaces rather than angled parking. This arrangement would allow for a greater landscaped amenity area than the angled parking would provide. It would also require the vehicles to exit the property in a backwards motion onto Weber Street; however, the required landscaped area ahead of the parking spaces would prevent access from the gravel driveway encroaching onto C.N.R. lands. The revised parking arrangement is more desirable because access onto the C.N.R. lands is not guaranteed and the proposed arrangement ensures the most effective use of a reduced lot size. The existing gravel area is to be reinstated to landscaping, in accordance with the attached plan. Traffic and Parking staff also note that there is an asphalted illegal parking space on the southwest side between the building and the Wilhelm Street property line. Staff recommend that the asphalt be removed and that this area be reinstated to landscaping. With the recommended site improvements, staff are able to take the position that the reduced lot area meets the intent of the By-law. The Department of Planning and Development recommends approval of Submission A 59/97, subject to the following conditions: 1. That an application for occupancy permit be made to the Department of Planning and Development. That three parking spaces be developed and demarcated on an asphalt surface in a side by side parking arrangement with a landscaped area installed ahead of the parking area in accordance with the approved plan, to the satisfaction of the Director of Community Planning, Development and Design, prior to November 14, 1997. No extension to this completion date shall be granted unless approved in writing by the Director of Community Planning, Development and Design prior to the completion date set out in this decision. That the asphalted parking space in the southwest yard between the building and the property line be removed and replaced with landscaping, to the satisfaction of the Director of Community Planning, Development and Design, prior to November 14, 1997. No extension to this completion date shall be granted unless approved in writing by the Director of Community Planning, Development and design prior to the completion date set out in this decision. The Chairman questioned Mr. Rotberg as to whether he had reviewed the staff comments and whether he was aware of the conditions being requested. Mr. Rotberg advised that he had reviewed the comments and that he is in agreement of conditions no. 1 & 3 but requested a modification to the timing of condition no. 2. He requested that the condition be reworded to allow the gravel parking lot to remain with concrete burms in place by November 14, 1997 and the applicant be permitted 1 year to asphalt the parking lot. Ms. J. Given responded that this time period if fairly typical. She stated that she understands the concerns of the applicant and requested that the landscaping be installed by November 15 with the parking lot to be paved by next May or June. Mr. Rotberg requested that the asphalting not be required to be installed until the end of June 1998. COMMITTEE OF ADJUSTMENT 250 AUGUST 19, 1997 1. Submission No. A 59/97 - 839743 Ontario Limited - cont'd Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of 839743 Ontario Limited requesting legalization of an existing triplex on a lot having an area of 419.58 m2 (4,516.3 sq. ft.) rather than the required 495 m2 (5,328.31 sq. ft.) on Part Lot 17, Plan 31, 225-227 Weber Street West, Kitchener, Ontario BE APPROVED subject to the following conditions: That the applicant shall submit an application for occupancy permit to the Department of Planning & Development. That the asphalted parking space in the southwest yard between the building and the property line shall be removed and replaced with landscaping, to the satisfaction of the Director of Community Planning, Development and Design, prior to November 14, 1997; with no extension to this completion date being granted unless approved in writing by the Director of Community Planning, Development and Design prior to the said completion date. That three parking spaces shall be developed and demarcated with porta- curbs and a landscape area installed ahead of the parking area, in accordance with the approved plan, to the satisfaction of the Director of Community Planning, Development and Design, prior to November 14, 1997, and further; That the three parking spaces shall be developed and demarcated on an asphalt surface in a side- by-side parking arrangement prior to June 30, 1998; with no extension to these completion dates being granted unless approved in writing by the Director of Community Planning, Development & Design prior to the said completion dates. 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 APPLICATION Submission No. A 101/97 - Curtis Rutt & Debra Anderson, 215 Weber Street East, Kitchener, Ontario Part Lot 34, Registered Plan 77, 215 Weber Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. G. Boeve 1907-305 Margaret Avenue Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of the width of the existing driveway which is 5.09 m (16.7 ft.) wide rather than the required 5.19 m (17 ft.), for a home and home business. COMMITTEE OF ADJUSTMENT 251 AUGUST 19, 1997 1. Submission No. A 101/97 - Curtis Rutt & Debra Anderson - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of an existing driveway having a width of 4.97 metres (16.3 ft.) rather than the 5.18 metres (17 ft.) width required for home business parking. The applicant also wishes to amend this application requesting permission to operate the home business occupying 37% of the gross floor area. The By-law permits an area not exceeding 25% of the gross floor area of the dwelling to be used for a home business. The applicant has purchased the subject property for the purpose of living there and operating an artisan's establishment as a home business. The artisan's establishment will consist of custom ordering and production of window coverings and accessories. The applicant intends to use the main floor living room and dining room for her home business. Her operation requires a large space to accommodate a large table used to cut drapery materials. As a result, the remaining area used for storage of materials and product as well a small customer service area requires her to occupy more gross floor area than the · · · 2 2 · Bylaw allows. The building gross floor area is 80.02 m (861.36 ft. ) and the home business gross floor · 2 2- ...... area is (29.69 m ) 319.59 ft.. The total building floor area is relatively small and staff believe this small- scale home business is desirable development because the gross floor area is well under the maximum 50m2 permitted for home businesses, and remains accessory to the main use as residential. The applicant is required to provide one parking space for the dwelling and one parking space for the home business. These two spaces would be provided behind the required 6.0 metres (19.69 ft.) parking setback. Each parking space must be a minimum of 2.59 metres (8.5 ft.) wide and 5.49 metres (18 ft.) long and arranged side by side. The driveway can accommodate the parking spaces' required length, however, the width for two side by side parking spaces is deficient by .21 metres (0.7 ft.). The parking width deficiency can be considered minor in nature. The parking and movement of vehicles would not adversely affect the neighbouring property as there is no abutting driveway on the neighbouring property. Since the existing driveway width can physically accommodate two vehicles parking side by side, the proposal meets the intent of the Bylaw and is appropriate for the use of the dwelling with a home business. The applicant has already submitted an occupancy permit for this home business and is aware of all other home business requirements. The Department of Planning and Development recommends approval of the application as amended. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns regarding the existing driveway width. The Committee noted the comments of the Regional Engineering Department in which they advised that, at this location, Weber Street has an existing road allowance width of 66 ft. and a designated road allowance width of 86 ft.; therefore a 10 ft. road widening is required, although it may not be appropriate to request the road widening under this application. The Committee noted that the Department of Planning & Development was requesting an amendment to the application for a home business occupying 37% of the gross floor area of the dwelling. On a vote of 3 to 2 is was agreed the recirculation of this application would not be required. Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Curtis Rutt and Debra Andersen requesting legalization of an existing driveway having a width of 4.97 m (16.3 ft.) rather than the required 5.18 m (17 ft.) for home business parking and permission to occupy 37% of the gross floor area of the dwelling for a home business rather than the permitted 25% on Part Lot 34, Registered Plan 77, 215 Weber Street East, Kitchener, Ontario BE APPROVED. 1. Submission No. A 101/97 - Curtis Rutt & Debra Anderson - cont'd COMMITTEE OF ADJUSTMENT 252 AUGUST 19, 1997 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd., 61 Roy Street, Kitchener, Ontario. Lots 2 - 11 and Part Lots 12 - 15, Registered Plan 233, Part Lot 1, Registered Plan 264, and Lot 57 & Part Lots 53 - 55, Subdivision of Lot 2, German Company Tract, Cameron Street, Weber Street and Troy Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. H. Rotberg 61 Roy Street Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is proposing to construct 23 freehold townhouses: 4 units front onto Troy Street, 15 units front onto Cameron Street and 4 units fronting onto Weber Street. Some of the units will have variances as follows: Submission No.'s A 102/97 - A 104/97 - Units facin,q Troy Street Lot 1: a southerly sideyard of 0.294 m (0.971 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.). Lot 2: a rearyard of 7.419 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.). Lot 4: a rearyard of 4.929 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.). Submission No.'s A 105/97 - A 115/97 - Units facinq Cameron Street Lot 5: an easterly sideyard of 1.547 m (5.08 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 4.929 m (16.98 ft.) rather than the required 7.5 m (24.61 ft.) Lot 7: a rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.). Lot 8: a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.). Lot 9: a westerly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 4.93 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.). 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd Lot 10:an easterly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.). COMMITTEE OF ADJUSTMENT 253 AUGUST 19, 1997 Lot 12:a rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.). Lot 14:an easterly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.). Lot 17:a rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.) Lot 18:a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.). Lot 19:a westerly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 4.93 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.). Submission No.'s A 116/97 - A 117/97 - Units facinq Weber Street Lot 20:a northerly sideyard of 1.526 m (5 ft.) rather than the required 2.44 m (8 ft.) and a rearyard of 6.251 m (20.51 ft.) rather than the required 7.5 m (24.61 ft.). Lot 24:a rearyard of 6.363 m (20.88 ft.) rather than the required 7.5 m (24.61 ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that applications have been made to the Committee of Adjustment for minor variance approval with regard to a proposed development of 23 freehold townhouses at the southeast intersection of Cameron Street and Weber Street East. Specifically, the applicants propose the development of 15 units fronting Cameron Street, 4 units fronting Weber Street East, and 4 units fronting Troy Street. It was the applicants' intention that subject to the approval of the minor variances, that the lots be created by Part Lot Control. However, the City Solicitor is of the opinion that since not all of the lands are within a registered plan of subdivision, that consent applications would be required to create the lots. The following represents the variances requested in order of application number and in reference to the attached plan submitted with the application. Submission No's A 102/97 - A 104/97 - Dwellinqs facin,q Troy Street Lot 1: a southerly sideyard of 0.294 metres (0.971 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 6.758 metres (22.18 ft) rather than the required 7.5 metres (24.61 ft). Lot 2: a rearyard of 7.419 metres (23.34 ft) rather than the required 7.5 metres (24.61 ft). Lot 4: a rearyard of 4.929 metres (16.18 ft) rather than the required 7.5 metres (24.61 ft). Submission No.'s A 105/97 - A 115/97 - Dwellin,qs facin,q Cameron Street Lot 5: an easterly sideyard of 1.547 metres (5.08 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 4.929 metres (16.98 ft) rather than the required 7.5 metres (24.61 ft). Lot 7: Lot 8: Lot 9: Lot 10: Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd a rearyard of 7.418 metres (24.34 ft) rather than the required 7.5 metres (24.61 ft). a rearyard of 6.758 metres (22.18 ft) rather than the required 7.5 metres (24.61 ft). a westerly sideyard of 1.524 metres (5 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 4.93 metres (16.18 ft) rather than the required 7.5 metres (24.61 ft). an easterly sideyard of 1.524 metres (5 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 6.758 metres ( 22.18 ft) rather than the required 7.5 metres (24.61 ft). COMMITTEE OF ADJUSTMENT 254 AUGUST 19, 1997 Lot 12: a rearyard of 7.418 metres (24.34 ft) rather than the required 7.5 metres (24.61 ft). Lot 14: an easterly sideyard of 1.524 metres (5 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 6.758 metres (22.18 ft) rather than the required 7.5 metres (24.61 ft). Lot 17: a rearyard of 7.418 metres (24.34 ft) rather than the required 7.5 metres (24.61 ft). Lot 18: a rearyard of 6.758 metres (22.18 ft) rather than the required 7.5 metres (24.61 ft). Lot 19: a westerly sideyard of 1.524 metres (5 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 4.93 metres (16.18 ft) rather than the required 7.5 metres (24.61 ft). Submission No.'s A 116/97 - A 117/97 - Dwellin,qs facin,q Weber Street Lot 20: a northerly sideyard of 1.526 metres (5 ft) rather than the required 2.44 metres (8 ft) and a rearyard of 6.251 metres 20.51 ft) rather than the required 7.5 metres (24.61 ft). Lot 23: a rearyard of 6.363 metres (20.88 ft) rather than the required 7.5 metres (24.61 ft). In addition to the requested variances, a number of additional variances are required and the application should be amended to address these additional variances. Specifically, the following list represents additional variances with regard to lot coverage and driveway widths. Lot 1: a lot coverage of 51.3 percents whereas the by-law permits a maximum of 40 percent, and a driveway width of 54 percent of the lot width whereas the by-law permits a maximum of 50 percent of the lot width or 8 metres, whichever is the lesser. Lot 2: a lot coverage of 52.4 percent and a driveway width of 55.5 percent. Lot 3: a lot coverage of 48.8 percent and driveway width of 55.5 percent. Lot 4: a driveway setback of 8 metres from the intersection of Cameron Street and Troy Street, whereas 9 metres is required. Lot 5: a lot coverage of 49 percent and a driveway width of 52.4 percent. Lot 6: a lot coverage of 48.8 percent and a driveway width of 55.5 percent of the lot width. Lot 7: a lot coverage of 52.4 percent and a driveway width of 55.5 percent. Lot 8: a lot coverage of 53.8 percent and a driveway width of 55.5 percent. Lot 9: a lot coverage of 49.4 percent and a driveway width of 52.4 percent. Lot 10: a lot coverage of 43 percent. Lot 11: Lot 12: Lot 14: Lot 15: Lot 16: Lot 17: Lot 18: Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd a lot coverage of 48.8 percent and a driveway width of 55.5 percent of the lot width. a lot coverage of 52.3 percent and a driveway width of 55.5 percent. a lot coverage of 49.4 percent and driveway width of 52.4 percent. a lot coverage of 43 percent. a lot coverage of 48.8 percent and a driveway width of 55.5 percent of the lot width. a lot coverage of 53 percent and driveway width of 55.5 percent. a lot coverage of 53.8 percent and driveway width of 55.5 percent. COMMITTEE OF ADJUSTMENT 255 AUGUST 19, 1997 Lot 19: a lot coverage of 49.4 percent driveway width of 52.4 percent. Lot 20: a proposed driveway width of 51.5 percent of the lot whereas maximum of 50 percent is permitted and a rearyard of 6.48 metres whereas 7.5 metres is required. Lot 21 & 22: a lot coverage of 45 percent and a driveway width of 55.5 percent. Lot 23: a rearyard of 6.48 metres whereas a rearyard of 7.5 metres is required. It is noted that variances to Lots 3, 6, 11, 16, 21, and 22 are relative to lots which have not been addressed by the current applications. This proposed development of 23 street townhouse dwellings requires approval of a site plan application, which the applicant has recently submitted. In addition, the applicants have had several discussions with City staff and the Region in relation to various conditions of development and site design. All dwellings face either Troy Street, Cameron Street, or Weber Street East, with a proposed undeveloped area on the interior of the development which is intended to be developed for parkland. The applicants have met with the City's Department of Parks and Recreation who advise that they have no concern with the proposed park area and will accept this area as contribution to parkland dedication, which will be a condition of the site plan approval. This park area will also serve to provide for rearyard access to the majority of dwellings, which is a requirement of the zoning by-law. As a condition of site plan approval, the Region of Waterloo has advised that a 3 metre road widening is required along Weber Street East. As a result of the road widening, the proposed location of the dwellings would not comply with the minimum front yard setback of 4.5 metres. The applicants have amended the site plan application to relocate the proposed locations of the dwellings so that it would comply with 4.5 metre setback from the new property line. Some of the revised variances are as a result of this shifting of Lots 20-23 to accommodate the road widening. This proposed development will provide for 7 handicap accessible dwellings which are one storey bungalow style. These dwellings are noted as unit E on the submitted plans. Dwellings noted as A, B, and C are either two or three storey dwellings. Each of the dwellings will have a one car attached garage. It is noted that the applicants will develop these dwellings as freehold townhouse dwellings, which are approximately 820 square feet for the handicap accessible dwelling to 1800 square feet in area. The requested rear yard variances are most significant on the handicap units which must be designed as a bungalows and extends deeper into the lot. The proposed rearyards for all the units are appropriate in size and given that a park area is planned to the rear of the dwellings, to which access will be available from the rear lot of the dwellings, sufficient private and public outdoor space is provided. Further, many of the variances relate to a bay window extension on the rear of the dwelling or are as a result of the variety in unit design. 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd The reduced side yards on Lot 1, 5, 9, 10, 14, 15, 19, and 20, still provides for an adequate sideyard setback and access to the rear yards of these units therefore the intent of the by-law is maintained. The additional variances with regards to driveway widths, are appropriate, as the proposed lot widths for each dwelling meet the minimum requirement under the zoning by-law and the proposed driveways match the widths of the proposed garage area. Lot coverage variances are a result of the design of the dwellings, being either one storey handicap accessible dwelling or larger units with attached garages, resulting in more lot coverage. The Department is reviewing the by-law with regard to lot coverage for street townhouse dwellings on a comprehensive basis. The existing 40 percent maximum coverage may be too Iow given the recent market trends to develop one-storey bungalow style dwellings and larger unit designs which typically are greater than 40 percent lot coverage. The applicants wish to maximize the density of this development on the lots which is desirable for an inner city in fill housing development. Further, the proposed development maximizes the park entrance width and overall park area. The variance to the setback of the driveway from the intersection of Cameron Street and Troy Street of 8 metres whereas 9 metres is required, is also minor in nature and appropriate, as the Department of Traffic COMMITTEE OF ADJUSTMENT 256 AUGUST 19, 1997 and Parking have no concerns. The variances detailed herein are appropriate for the subject lands as the proposal represents an infill development on lands which have been undeveloped for many years. The development is an appropriate use for this parcel and includes park lands for which the Department of Parks and Recreation has advised that there is a need in this neighbourhood. The development of the site is highly desirable for the City. The Department of Planning and Development recommends approval of applications A 102/97 through to A 117/97 as amended, with additional variance for lot coverage and driveway width on Lots 3, 6, 11, 13, 16, 21, and 22, and additional variance for driveway setback from the intersection of Cameron and Troy Street on Lot 4, conditional upon the following: That the variances apply only to a site plan finally approved by the City under application S P97/13/WNL. The Committee noted the comments of the Director of Building in which he advised that walls located less than 0.6 m (2 ft.) from the property line shall have no openings, a 45 minute fire resistance rating and be clad with non-combustible cladding. The Committee noted the comments of the Regional Municipality of Waterloo in which they advised that, at this location, Weber Street has an existing road allowance width of 66 ft. and a designated road allowance width of 86 ft.; therefore a 10 ft. road widening is required from this property. A 7.6 m daylight triangle is also required at the intersection of Weber Street and Cameron Street. The plan does not appear to indicate the required road widening or daylighting triangle. It may not be appropriate to acquire the road allowance widening or daylighting triangle under this application; however, any further applications will require the dedication of this land to the Region of Waterloo. The applicant is proposing access to Weber Street for four units which will front onto Weber Street. A Regional Road entrance permit will be required for these accesses. Upon submission of a further development application, the following will be required: The owner shall prepare a detailed grading a drainage control plan showing drainage details for the subject property, abutting property's and the road allowance to ensure compatible drainage. The grading & drainage control plan shall be submitted to the Commission of Engineering of the Region of Waterloo for approval. The grading & drainage plan shall show all existing and proposed connections to the municipal services. The plan shall also show the appropriate road allowance restoration 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd in accordance with the Region of Waterloo standards where applicable. The site must be constructed in accordance with the approved grading and drainage control plan and prior to releasing the development agreement, the engineer who prepared the approved plan must submit "as built" plans illustrating the development has been constructed in accordance with the approved plan. The owner must prepare a detailed stormwater management report and submit the report to the Commissioner of Engineering of the Region of Waterloo for approval. They should contact the Region to determine the design specifications required for this specific site, prior to preparing the stormwater management report. The stormwater management scheme and related drainage control facilities must be constructed in accordance with the approved report and prior to releasing the development agreement, the Engineer who prepared the approved report must submit a letter certifying that the stormwater management scheme and all related drainage control facilities have been implemented in accordance with the approved report. The owner must agree to maintain the approved stormwater management scheme for the life of the proposed development. To ensure such maintenance, the owner must agree that no stormwater control devices shall be moved or altered or no material used to surface any parking area or loading area shall be changed or new areas paved without written approval from the Region. Furthermore, this condition shall apply to the life of the proposed development and shall not be released unless the proposed development has been released by the Region from the stormwater management scheme. The Chairman questioned the walkway beside Lot 1 and whether there was enough room for maintenance on that lot. Mr. Rotberg stated that there would be no windows on that side of the unit and that owner, as for anyone else, would have access over the parkland. COMMITTEE OF ADJUSTMENT 257 AUGUST 19, 1997 The Chairman then noted the additional variances listed in the Planning Department report and Mr. Rotberg advised that the applicant is in agreement with staff. He pointed out that some are created through giving the 3 m road widening required, as shown on the revised plan. The Chairman then referred to the comments from the Region of Waterloo. Mr. Rotberg stated that a grading plan is standard and is being prepared at this time. Further, he noted that, because the City is not requiring stormwater management, the Region will not require it either. Mr. S. Kay then commented on the fact that these are to be freehold townhouses and questioned Mr. Rotberg as to whether he would be applying for an exempting by-law. Mr. Rotberg advised that he was going to apply to Council for an exempting by-law once the minor variances were dealt with; however, the City Solicitor now thinks that Consent may be required as part of the lands are in a Municipal Compiled Plan. This has yet to be determined. Mr. A. Galloway questioned what the next step would be and Mr. Rotberg advised that the next step would be individual conveyances either by way of an exempting by-law or Consent through this Committee. Mr. A. Galloway then questioned whether a site plan application has been received and approved. Ms. J. Given advised that the site plan application has gone significantly through the process but there are no conditions of development at this time. Mr. D. McKnight questioned how there can be minor variances to something which does not exist. The Chairman questioned whether the Committee should be dealing with a situation which does not exist. Mr. Rotberg stated that this Committee is often asked to approve of things which do not exist yet. A contractor can not obtain a building permit to construct a building which is at variance to the by-law, without first obtaining this Committees approval. Mr. Rotberg advised that he did not know any other procedure. This Committee is often asked for approval of proposals which do not exist. Ms. J. Given stated that if this project had received site plan approval, the parkland would have been dedicated and the owner would not be able to get a building permit because the rearyards would not comply. 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd Mr. W. Dahms stated that he agreed with Mr. Rotberg, he did not see any other way of getting this project up and running. Mr. S. Kay stated that he was in agreement with Mr. Dahms and moved approval of the amended application, including those lots which were not part of the original application, subject to those conditions recommended by Building & Planning staff. He did not include the Region's requirements, as they would be looked after through the site plan approval process. Mr. D. McKnight stated that he admired the application and the way it has been presented; however, he felt that the Committee has been brought into the day to day operations of the Planning Department. Mr. A. Galloway questioned staff as to how the City would obtain the parkland and Ms. Given advised that the parkland would be dedicated through the Section 40 agreement. Submission No.'s A 102/97 - A 117/97 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the applications of Townhomes of Eastwood Ltd. requesting permission to develop 23 freehold townhouse units with the following variances: Lot I A southerly sideyard of 0.294 m (0.971 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 51.3% rather than the permitted 40% and the driveway width of 54% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.) whichever is less; COMMITTEE OF ADJUSTMENT 258 AUGUST 19, 1997 Lot 2 A rearyard of 7.419 m (23.34 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 52.4% rather than the permitted 40% and the driveway width of 55.5% of the width of the Lot rather than the permitted 50% or 8 m (26.25 ft.) whichever is less; Lot 3 A lot coverage of 48.8% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 4 A rearyard of 4.929 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.) and a driveway setback of 8 m (26.25 ft.) from the intersection of Cameron Street and Troy Street rather than the required 9 m (29.53 ft.); Lot 5 A easterly sideyard of 1.547 m (5.08 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 4.929 m (16.98 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 49% rather than the permitted 40% and driveway width of 52.4% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd Lot 6 A lot coverage of 48.8% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 7 A rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 52.4% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 8 A rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 53.8% rather than the permitted 40% and driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 9 A westerly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 4.93 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 49.4% rather than the permitted 40% and a driveway width of 52.4% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; LotlO An easterly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.) and a lot coverage of 43% rather than the permitted 40%; COMMITTEE OF ADJUSTMENT 259 AUGUST 19, 1997 Lot 11 A lot coverage of 48.8% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot12 A rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 52.3% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot14 An easterly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 49.4% rather than the permitted 40% and a driveway width of 52.4% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot15 A lot coverage of 43% rather than the permitted 40%; Lot16 A lot coverage of 48.8% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; 2. Submission No. A 102/97 - A 117/97 - Townhomes of East Ward Ltd. - cont'd Lot17 A rearyard of 7.418 m (24.34 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 53% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot18 A rearyard of 6.758 m (22.18 ft.) rather than the required 7.5 m (24.61 ft.), a lot coverage of 53.8% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot19 A westerly sideyard of 1.524 m (5 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 4.93 m (16.18 ft.) rather than the required 7.5 m (24.61 ft.) a lot coverage of 49.4% rather than the permitted 40% and driveway width of 52.4% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 20 A northerly sideyard of 1.526 m (5 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.48 m (21.26 ft.) rather than the required 7.5 m (24.61 ft.), a proposed driveway width of 51.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.); Lot 21 COMMITTEE OF ADJUSTMENT 260 AUGUST 19, 1997 A lot coverage of 45% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 22 A lot coverage of 45% rather than the permitted 40% and a driveway width of 55.5% of the width of the lot rather than the permitted 50% or 8 m (26.25 ft.), whichever is less; Lot 23 A rearyard of 6.48 m (21.26 ft.) rather than the required 7.5 m (24.61 ft.); On Lot 2-11 and Part Lot 12-15, Registered Plan 233, Part Lot 1, Registered Plan 264 and Lot 57 and Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Cameron Street, Weber Street and Troy Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the variances as approved in these applications shall apply only to the site plan finally approved by the City under application SP97/13/W/DL. 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 120/97 - Rebecca Zuurhoud & Warren Snyder, 471 Duke Street West, Kitchener, Ontario Re: Part Lot B, Registered Plan 386, 471 Duke Street West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Snyder 471 Duke Street West Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to construct a one storey addition onto the rear of the existing single family dwelling which would have a northwesterly sideyard of 0.81 m (2.64 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 applicants are requesting permission to construct a one storey addition onto the rear of the existing single family dwelling which would have a northwesterly sideyard of 0.80 metres (2.64 ft.) rather than the required 1.2 metres (3.94 ft.). The proposed rear addition would not extend further into the sideyard than the existing dwelling. The northwesterly sideyard setback for the existing dwelling was granted Committee of Adjustment approval in COMMITTEE OF ADJUSTMENT 261 AUGUST 19, 1997 1985. At that time, the Bylaw required a minimum 1.83 metres (6.0 ft.) sideyard setback. Since that time, the sideyard setback requirement has decreased to a 1.2 metres (3.94 ft.) setback. The intent of the required sideyard setback is to allow for an unobstructed maintenance area. It is staff's opinion that the proposed sideyard setback for the addition would allow sufficient area for maintenance purposes and therefore meets the intent of the Bylaw. The reduced sideyard can be considered minor in nature as the existing dwelling previously received Committee of Adjustment approval. It appears the addition would not adversely affect the neighbouring property owners as it would not be visible from the street. The Department of Planning and Development recommends approval of the submitted minor variance application only to the extent of the variance marked on the survey plan prepared by Wayne D. Turpel Surveying Limited dated February 13, 1985, attached with this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the new addition and walls located less than 1.2 m (4 ft.) from the property line shall have no openings and shall have a 45 minutes fire resistance rating. The Chairman questioned whether this addition had been built and Mr. Snyder advised that it has not yet been built. Moved by Mr. D. McKnight Seconded by Mr. W. Dahms That the application of Rebecca Zuurhoud & Warren Snyder requesting permission to construct a one storey addition onto the rear of the existing single family dwelling with a northwesterly sideyard of 0.81 m (2.64 ft.) rather than the required 1.2 m (4 ft.) on Part Lot B, Registered Plan 386, 741 Duke Street West, Kitchener, Ontario BE APPROVED subject to the following conditions: 3. Submission No. A 120/97 - Rebecca Zuurhoud & Warren Snyder - cont'd 1. That the variances as approved in this application shall apply to the proposed addition as shown on the plan submitted with this application. 2. That the applicant shall obtain a building permit prior to constructing the new addition and that walls located less than 1.2 m (4 ft.) from the property line shall have no openings and shall have a 45 minutes fire resistance rating. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 123/97 - Livingston Group Inc., 405 The West Mall, Etobicoke, Ontario Part Lot 9, Registered Plan 791, 55 Overland Drive, Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. A Bousfield 396 Gatestone Blvd. Waterloo ON COMMITTEE OF ADJUSTMENT 262 AUGUST 19, 1997 CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting, permission to expand an existing legal non- conforming office building by constructing a 139.35 m~ (1500 sq. ft.) office addition for a customs brokerage. The Committee noted the comments of the Department of Planning & Development in which they advised that they the subject lands are located at the end of Overland Drive and are presently developed with a 139 square metre, legal non-conforming office building, occupied by a customs brokerage firm. The property is designated Heavy Industrial in the City's Municipal Plan and is zoned Heavy Industrial Zone (M-4) according to Zoning By-law 85-1. The M-4 Zone does not permit free-standing office uses. The applicant is seeking permission to double the size of the existing legal non-conforming office building to approximately 279 square metres in order to expand the customs brokerage operation. In reviewing applications to expand a legal non-conforming use, the Department of Planning and Development normally considers whether or not the proposed expansion would serve to perpetuate the non-conforming use and whether the proposed expansion would make the structure more or less compatible with other permitted uses. In this instance, while a free-standing office is not a permitted use within the M-4 Zone, the addition of office is clearly permitted and encouraged by the City's Municipal Plan. The Municipal Plan policies concerning suburban office location permit free-standing offices to locate in locations which abut or are near interchanges with the provincial highway system, to a maximum floor space ratio of 0.5. The subject property is located near the Courtland Avenue interchange with the K-W Expressway and Overland Drive outlets immediately opposite the expressway on-ramp. Also, with the proposed expansion, the subject property would be developed at a floor space ratio of only 4. Submission No. A 123/97 - Livinqston Group Inc. - cont'd approximately 0.25. Accordingly, perpetuating a legal non-conforming use in not a concern in this case since the use is permitted by the City's Municipal Plan and if a zone change application were submitted to fully legalize the use, it would be supported by the Department. Further, the location of the subject property within a heavy industrial area, is suitable for the operation of a customs brokerage operation. The existing customs brokerage serves many of the businesses within the industrial area and is considered both compatible with and complementary to the other permitted uses within the M-4 Zone. Through the review of this application, it was determined that another minor variance will be necessary to permit the proposed expansion. According to the Zoning By-law, the nine parking spaces provided at the front of the existing building would be considered a parking lot. The Zoning By-law further requires that all parking lots provide for ingress and egress of vehicles to and from a street in a forward motion only. Both the existing and proposed plan for the site provides for vehicles to egress by way of backing out into the bulb end of Overland Drive. However, since the property has been accessed in this manner for over thirty years without problems and there are very few potential vehicular conflicts given the location of the property, staff support variance to this regulation in order to permit egress from the nine parking spaces in a reverse motion. The minor variance application should be modified accordingly. A large trailer is presently situated on the westerly side of the site. This trailer appears to be vacant at the present time but also appears to have been used for office-type space in the past. As the location of the trailer would conflict with the proposed expansion and the provision of adequate on-site parking, this trailer should be removed. Further, although a site plan is required, it is appropriate in this situation to consider expansion of the legal nonconforming use first. The Department of Planning and Development recommends that Minor Variance Application A 123/97, to COMMITTEE OF ADJUSTMENT 263 AUGUST 19, 1997 permit the expansion of the existing legal non conforming office building and to permit vehicular egress from the parking lot in a reverse motion, be approved subject to the following conditions: 1. That free-standing office not exceed a floor space ratio of 0.5. That the trailer located on the westerly side of the lot be removed, to the satisfaction of the Director of Community Planning, Development and Design, prior to November 30, 1997. That the applicant receive final site plan approval for the proposed expansion prior to November 30, 1997. No extension to this completion date shall be granted unless approved in writing by the Director of Community Planning, Development and Design prior to the completion date set out in this decision. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the addition. The Committee noted the comments of the Traffic & Parking Division in which they advised that the proposed parking space abutting the southerly wall of the proposed addition is not functional due to restricted turning area. They also noted that the proposed four parking stalls at the rear of the property do not comply with zoning regulations in terms of egress in a forward direction. They also questioned whether this regulation applies to the existing parking spaces in front of the building. The Chairman pointed out the comments of the Department of Planning & Development to Mr. Bousfield and questioned whether he had any objections to the requested three conditions and Mr. Bousfield advised that he did not. The Chairman then questioned staff as to whether this addition would perpetuate the legal non- conforming use and Ms. Given responded that to perpetuate the use would be in keeping with the City's official plan. 4. Submission No. A 123/97 - Livinqston Group Inc. - cont'd Mr. D. McKnight questioned staff with respect to the comments of the Traffic & Parking Division and whether they would be dealt with through the site plan and Ms. J. Given responded that the parking on this site is legal non-conforming and will be included as part of the site plan. The Committee considered the amendment as requested in the comments of the Department of Planning & Development and at the request of Mr. Bousfield agreed to consider this amendment to the application. Moved by Mr. D. McKnight Seconded by Mr. W. Dahms That the application of the Livingston Group Inc. requesting permission to expand an existing legal non- conforming office building by constructing a 139.35 m2 (1,500 sq. ft.) office addition for a customs brokerage and legalization of egress from the nine parking spaces at the front of the existing building in a reverse motion on Part Lot 9, Registered Plan 791, 55 Overland Drive, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That free-standing office shall not exceed a floor space ratio of 0.5. That the trailer located on the westerly side of the lot shall be removed, to the satisfaction of the Director of Community Planning, Development & Design, prior to November 30, 1997. That the applicant shall receive final site plan approval for the proposed expansion prior to November 30, 1997; with no extension to this completion date being granted unless approved in writing by the Director of Community Planning, Development & Design, prior to the said completion date. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 264 AUGUST 19, 1997 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.'s B 38/97 & 39/97 - Paul & Laura Allan, 753 Glasgow Street, Kitchener, Ontario Re: Parts of Lot 2, Registered Plan 693, 753 Glasgow Street, Kitchener, Ontario. The Committee was advised by the Secretary that these applications have been deferred to the meeting of September 16, 1997, as the applicants wish to amend these applications. 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. The Secretary advised the Committee that this application has been withdrawn. 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. The Committee was in receipt of comments from the Department of Planning & Development recommending that these applications be deferred to a meeting to be scheduled in April 1998 and the Committee agreed to this request. APPLICATIONS Submission No. B 59/97 - Edward Simmons, 66 Fairmount Avenue, Hamilton, Ontario. Re: Part of Lot 3, Biehn's Tract, 1226 Doon Village Road, Kitchener, Ontario. At the recommendation of the Department of Planning & Development, the Committee agreed to defer consideration of this application to the meeting to be held on Tuesday September 16, 1997. Submission No. B 60/97 - Helmut Hober, 1300 Doon Village Road, Kitchener, Ontario. Re: Part of Biehn's Unnumbered Tract, 1310 Doon Village Road, Kitchener, Ontario. At the recommendation of the Department of Planning & Development, the Committee agreed to defer consideration of this application to the meeting to be held on Tuesday September 16, 1997. Submission No. B 61/97 -Waterloo North Condominium Corporation No. 16, 423 Westwood Drive, Kitchener, Ontario Re: Waterloo North condominium Plan No. 16 and Part of Fischer Road, closed, and Part of Reserve "K", Registered Plan 1273, 423 Westwood Drive, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 265 AUGUST 19, 1997 APPEARANCES: IN SUPPORT: Mr. P. Dietrich 150 Water Street South Cambridge ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised was advised that the applicant is requesting permission to give an easement to the benefit of the abutting property, at the corner of Glasgow Street and Fischer-Hallman Road, addressed as 885 Glasgow Street. The Committee noted the comments of the Department of Planning & Development in which they advised that the application seeks approval to establish an easement over the length of the property line of the condominium development as it abuts the small institutional site under construction at Glasgow Street and Fischer-Hallman Road, addressed as 885 Glasgow Street. The need for the easement was revealed when the building permit application was filed for the commercial building and the percentage of window openings on the side lot line was reviewed. Due to on site restrictions, the Committee 3. Submission No. B 61/97 - Waterloo North Condominium Corporation No. 16 - cont'd previously approved a Minor Variance application allowing a reduced side yard at the rear of the building. The owner wishes to have windows installed along this wall, which, for the percentage of window openings proposed, only meets the Building Code provided a minimum separation of approximately 15 feet from any other building is ensured. In combination with the minimum sideyard of the commercial building, this would require an easement having a minimum width of 8 feet (2.4 metres). The registration of the easement proposed in this application will ensure Building Code compliance provided the easement prohibits buildings from locating within the easement. Staff are in support of this approach as the easement is situated over a landscaped area and portions of the parking spaces along this lot line and does not frustrate the future development of the condominium property. The easement would have to be provided in perpetuity, as long as the commercial building remains standing in its present location. Committee approval would be required to remove the easement. That Application B-61/97 be approved, to establish an easement in favour of 885 Glasgow Street having a minimum width of 8 feet (2.4 metres), within which no buildings may be constructed. The Committee noted the comments of the Director of Building in which he advised that the easement is required for the purpose of spacial separation for the commercial building located at 885 Glasgow Street. The easement can not be removed from title without the consent of the City of Kitchener Building Division. There was a brief discussion about the need for the easement and the fact that the Planning Department comments recommend that the easement not be released without the approval of this Committee. Mr. S. Kay suggested that the easement could be released by the City Solicitor. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Waterloo North Condominium Corporation No. 16 requesting permission to give COMMITTEE OF ADJUSTMENT 266 AUGUST 19, 1997 an easement to the benefit of the abutting property at 885 Glasgow Street, Kitchener, Ontario on Part of Waterloo North Condominium Plan No. 16, 423 Westwood Drive, Kitchener, Ontario BE GRANTED subject to the following condition: That the easement documents shall contain the provision that this easement can not be released without the prior approval of the Committee of Adjustment and no buildings may be constructed within the easement. 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 August 19, 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 62/97 - 1058788 Ontario Inc., 4 Blackhorne Drive, Kitchener, Ontario. Re: Part Lot 25, Registered Plan 254, 19 Second Avenue, Kitchener, Ontario. As no one appeared in support of this application the Committee agreed to defer consideration of this application to the meeting to be held on Tuesday September 16, 1997. Submission No.'s B 65/97 - B 81/97 - Forwell Limited, 32 Forwell Road, Kitchener, Ontario. Re: Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Road & Forwell Court, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with these applications as his law firm acts for the applicant and did not participate in any discussion or voting with respect to these applications. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. B. Hermsen 171 Victoria Street North Kitchener ON NONE NONE NONE The Committee was advised that the applicant is requesting permission to create 17 residential lots and 2 parcels as lot additions to abutting lands as follows (the lot no.'s refer to the parcels as shown on the submitted plan): Lot I (B 65/97) COMMITTEE OF ADJUSTMENT 267 AUGUST 19, 1997 Frontage: 14.923 m (48.96 ft.) Depth: 32.12 m (105.38 ft.) Area: 673 m2 (7,244.35 sq. ft.) Lot 2 (Retained lands) Frontage: 14.004 m (45.95 ft.) Depth: 31.517 m (103.41 ft.) Area: 511 m2 (5,500.54 sq. ft.) Lot 3 (B 66/97) Frontage: 20.748 m (68.07 ft.) Depth: 40.573 m (133.12 ft.) Area: 685 m~ (7,373.52 sq. ft.) Lot 4 (B 67/97) Frontage: 14.197 m (46.58 ft.) Depth: 39.907 m (130.93 ft.) Area: 756 m~ (8,137.79 sq. ft.) Lot 5 (B 68~97) Frontage: 14.196 m (46.58 ft.) Depth: 36.117 m (118.5 ft.) Area: 574 m~ (6,178.69 sq. ft.) 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Lot 6 (B 69/97) Frontage: 14.198 m (46.59 ft.) Depth: 34.12 m (111.95 ft.) Area: 550 m~ (5,920.35 sq. ft.) Lot 7 (B 70/97) Frontage: 14.203 m (46.6 ft.) Depth: 33.943 m (111.37 ft.) Area:482 m2 (5,188.38 sq. ft.) Lot 8 (B 71/97) Frontage: 14.203 m (46.6 ft.) Depth: 33.943 m (111.37 ft.) Area:482 m~ (5,188.38 sq. ft.) Lot 9 (B 72/97) Frontage: 14.203 m (46.6 ft.) Depth: 33.943 m (111.37 ft.) Area:482 m~ (5188.38 sq. ft.) Lot 10 (B 73/97) Frontage: 14.203 m (46.6 ft.) Depth: 33.942 m (111.37 ft.) Area:482 m~ (5,188.38 sq. ft.) Lot 11 (B 74/97) COMMITTEE OF ADJUSTMENT 268 AUGUST 19, 1997 Frontage: 14.201 m (46.6 ft.) Depth: 33.935 m (111.34 ft.) Area:481 m2 (5,177.61 sq. ft.) Lot 12 (B 75~97) Frontage: 14.198 m (46.59 ft.) Depth: 33.188 m (108.89 ft.) Area:470 m2 (5,059.21 sq. ft.) Lot 13 (B 76/97) Frontage: 14.202 m (46.6 ft.) Depth: 32.988 m (108.23 ft.) Area: 464 m~ (4,994.62 sq. ft.) Lot 14 (B 77/97) Frontage: 14.203 m (46.6 ft.) Depth: 36.127 m (118.53 ft.) Area:494 m~ (5,317.55 sq. ft.) Lot 15 (B 78/97) Frontage: 14.203 m (46.6 ft.) Depth: 40.461 m (132.75 ft.) Area: 578 m~ (6,221.75 sq. ft.) Lot 16 (B 79/97) Frontage: 14.203 m (46.6 ft.) Depth: 45.125 m (148.05 ft.) Area:642 m~ (6,910.66 sq. ft.) 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Lot 17 (B 80~97) - Lot addition Frontage: 14.5 m (47.58 ft.) Depth: 1.853 m (6.08 ft.) Area: 26 m2 (279.87 ft.) Lot 18 (B 81/97) - Lot addition Frontage: 2.71 m (8.9 ft.) Depth: 0.25 m (0.82 ft.) Area: 1 m~ (10.77 sq. ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands comprise two future development blocks within Registered Plan 1826, and a portion of Forwell Road to be closed by by-law. The applicant proposes to sever three lots fronting Forwell Court, 13 lots fronting Otterbein Road, and two lot additions to existing lots fronting Otterbein Road. These proposed lots were planned as part of the subdivision, and the subdivision agreement establishes conditions to be fulfilled prior to the division of the subject lands into separate lots. These conditions require the preparation, approval and deposition of a draft reference plan, the preparation and approval of a grading plan, the opening of Otterbein Road to vehicular traffic, the legal closure of the redundant portion of Forwell Road and its conveyance to Forwell Ltd. Forwell Court, and the portion of Otterbein Road which gives frontage to the proposed lots, were COMMITTEE OF ADJUSTMENT 269 AUGUST 19, 1997 dedicated as public highway by registration of Plan 1826. Construction of these roads is now under way. All proposed lots comply with the regulations of the zoning by-law. The proposal provides for the proper and orderly development of the lands. The Department of Planning and Development recommends approval of Submissions B 65/97-B 81/97 subject to the following conditions: That Conditions 73 (a) to 73 (f), inclusive, in the Subdivision Agreement registered as Instrument No. 1258190 (Registered Plan 1826) be satisfied. 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 Department of Planning and Development recommends that approval of Submissions B 80/97 and B 81/97 be subject to the following additional condition: That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the creation of sixteen lots and two lot additions. The Chairman questioned Mr. Hermsen as to whether he found the conditions recommended by Planning staff acceptable and Mr. Hermsen advised that the applicants find them acceptable. 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 65/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Limited requesting permission to convey a parcel of land having a width of 14.923 m (48.96 ft.) by a depth of 32.12 m (105.38 ft.) and having an area of 673 m2 (7,244.35 sq. ft.) on Block 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Road and Forwell Court, Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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 COMMITTEE OF ADJUSTMENT 270 AUGUST 19, 1997 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 66/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 20.748 m (68.07 ft.) by a depth of 40.573 (133.12 ft.) and an area of 685 m2 (7,373.52 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 1999. 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 66/97 It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 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 67/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.197 m (46.58 ft.) by a depth of 39.907 (130.93 ft.) and an area of 756 m2 (8,137.79 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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. COMMITTEE OF ADJUSTMENT 271 AUGUST 19, 1997 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 August 19, 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 68/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.196 m (46.58 ft.) by a depth of 36.117 (118.5 ft.) and an area of 574 m2 (16,178.69 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 68~97 That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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 69~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.198 m (46.59 ft.) by a depth of 34.12 (111.95 ft.) and having an area of 550 m2 (5,920.35 sq. ft.) on COMMITTEE OF ADJUSTMENT 272 AUGUST 19, 1997 Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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. 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 69/97 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 70~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 33.943 (111.37 ft.) and having an area of 482 m2 (5,188.38 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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. COMMITTEE OF ADJUSTMENT 273 AUGUST 19, 1997 Carried Submission No. B 71/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 33.943 (111.37 ft.) and having an area of 482 m2 (5,188.38 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 71/97 That satisfactory arrangements shall 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 August 19, 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 72/97 That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 33.943 (111.37 ft.) and having an area of 482 m2 (5,188.38 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 1999. COMMITTEE OF ADJUSTMENT 274 AUGUST 19, 1997 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 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 73/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 33.943 (111.37 ft.) and having an area of 482 m2 (5,188.38 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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 74/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.201 m (46.6 ft.) by a depth of 33.935 (111.34 ft.) and having an area of 481 m2 (5,177.61 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. COMMITTEE OF ADJUSTMENT 275 AUGUST 19, 1997 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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. 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 74/97 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 August 19, 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 75~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.198 m (46.59 ft.) by a depth of 33.188 (108.89 ft.) and having an area of 470 m2 (5,059.21 sq. ft.) on Blocks 53 & 54, Registered Plan 1826 and Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 1999. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried COMMITTEE OF ADJUSTMENT 276 AUGUST 19, 1997 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 76/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.202 m (46.6 ft.) by a depth of 32.988 (108.23 ft.) and having an area of 464 m2 (4,994.62 sq. ft.) on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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 77/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 36.127 (118.53 ft.) and having an area of 494 m2 (5,317.55 sq. ft.) on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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. COMMITTEE OF ADJUSTMENT 277 AUGUST 19, 1997 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 77/97 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 August 19, 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 78/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 40.461 (132.75 ft.) and an area of 578 m2 (6,221.75 sq. ft.) on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 1999. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried COMMITTEE OF ADJUSTMENT 278 AUGUST 19, 1997 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 79/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.203 m (46.6 ft.) by a depth of 45.125 (148.05 ft.) and an area of 642 m2 (6,910.66 sq. ft.) on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall 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 August 19, 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 80~97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 14.5 m (47.58 ft.) by a depth of 1.853 (6.08 ft.) and an area of 26 m2 (279.87 sq. ft.) as a lot addition on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the lands to be severed in this application shall be added to the abutting lands and title shall be as taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel complying with subsections 50(3) and/or (5) of the Planning Act. COMMITTEE OF ADJUSTMENT 279 AUGUST 19, 1997 5. Submission No.'s B 65/97 - B 81/97 - Forwell Limited - cont'd Submission No. B 80/97 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 August 19, 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 81/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Forwell Ltd. requesting permission to convey a parcel of land having a frontage of 2.71 m (8.9 ft.) by a depth of 0.25 m (0.82 ft.) and an area of 1 m2 (10.77 sq. ft.) as a lot addition on Blocks 53 & 54, Registered Plan 1826, Part Lot 121, German Company Tract, Otterbein Rd. and Forwell Crt., Kitchener, Ontario BE GRANTED subject to the following conditions: That Condition 73(A) to 73(F) inclusive, in the subdivision agreement registered as instrument no. 1258190 (Registered Plan 1826) shall be satisfied. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the lands to be severed in this application shall be added to the abutting lands and title shall be as taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel complying with subsections 50(3) and/or (5) of the Planning Act. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being August 19, 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 6. Submission No. B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer, 45 Greensview Drive, Kitchener, Ontario Re: Parts of Lots 6 & 7, Beasley's Broken Front Concession, designated as Parts 1 & 3, Plan 876, 45 Greensview Drive, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 280 AUGUST 19, 1997 As no one appear in support of these applications the Committee agreed to defer consideration of these applications to the meeting to be held on September 16, 1997. Submission No.'s B 82/97 & A 121/97 - Honsberger Lumber Inc., 57 Bridge Street East, Kitchener, Ontario Re: Parts 1,2 & 3, Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. H. Kickham 57 Bridge Street East Kitchener ON CONTRA: Mr. N. Decker 22 Stewart Street Kitchener ON WRITTEN SUBMISSIONS: IN SUPPORT: Mr. R. Biggs Arden Portfolios Inc. 206-50 Westmount Rd. North Waterloo ON CONTRA: Mr. & Mrs. N. Decker 22 Stewart Street Kitchener ON The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 25.25 m (83') by a depth of 54.85 m (179.96') and an area of 1384.96 m2 (14,908.08 sq. ft.). The proposed use of the property is light industrial. The applicant is also requesting permission for the setback of the building on the severed lands to be 3.97 m (13') from Stewart Street (after widening) rather than the required 6 m (19.6') and a portion of the building on the retained lands to be 4.26 m (13.96') from Stewart Street (after widening) rather than the required 6 m (19.6'). The Committee noted the comments of the Department of Planning & Development in which they advised that the applications affect 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 25.25 metres (83 feet) and extending the full depth of the property (outlined in yellow on the submitted plan). Several buildings are located on the severed lands and lands 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 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 7. Submission No.'s B 82/97 & A 121/97 - Honsberqer Lumber Inc. - cont'd Stewart Street. The zoning by-law requires that all lots front a public street, which is defined as a "public road allowance having a minimum width of 12.19 metres (40 feet)." Without the extension of the public street, the severed lands would not comply with the zoning by-law. Accordingly, in order to comply with the zoning by-law, and to provide for the proper COMMITTEE OF ADJUSTMENT 281 AUGUST 19, 1997 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 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 was considered by 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 two front yard variances: the concrete block building on the severed lands is 4.06 metres (13.34 feet) from the front lot line, as calculated from the survey whereas the by-law requires 6.0 metres (19.6 feet). It is noted that the application seeks approval for a setback of 13 feet and the Committee should determine the actual variance it wishes to grant. Secondly, a small portion of the existing metal clad building which will be left standing on the retained lands would be at variance to the by-law; where a front yard setback of 4.25 metres (13.96 feet) is existing, 6.0 metres (19.6 feet), is required. Staff find the minor variances to be supportable and meeting the tests of the Planning Act, given that they relate to existing buildings and result from the proper extension of a public road. Provided the public street is extended to the satisfaction of the City and the location of the existing building is legalized by approval of the 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 outlined below. A. That Minor Variance application A-121/97 be approved without conditions. B. That Consent Application B-82/97 be approved subject to the following conditions: 1. That final approval of Minor Variance application A-121/97 be given. 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, having a total length of approximately 136.2 feet, 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). 7. Submission No.'s B 82/97 & A 121/97 - Honsberqer Lumber Inc. - cont'd 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. COMMITTEE OF ADJUSTMENT 282 AUGUST 19, 1997 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 considered the comments of the Regional Municipality of Waterloo in which they advised that they have no objection to this revised Application for Consent. They asked that the Committee note the previous comments of the Region dated May 22, 1997, for the original application, 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, the secondary access does not conform to the Region's standards and must be closed. By copy of this letter, they advised the applicant that should this property be redeveloped in the future, the Region will not grant access directly onto Park Street. Regional staff have no objections to this proposed severance, provided that the applicant obtain a Regional Road entrance permit for the closure of the Park Street access as a condition of approval of this severance application. The Chairman referred to letter from the neighbouring property owner advising that they would be willing to convey lands for the widening of Stewart Street, under certain conditions. Ms. Kickham advised that the applicant is willing to purchase this land for the widening of the street. When questioned by the Committee, Ms. Kickham advised that they were in agreement with the conditions recommended by staff. Mr. W. Dahms put forward a motion to approve the application, with conditions. Mr. N. Decker then came forward and made himself known to the Committee and presented a written submission. He suggested that the Committee members come out and look at the property, as it is a junk yard. Mr. A. Galloway stated that the neighbour's comments should be taken into consideration. He put forward a motion to defer consideration of this application which was seconded by Mr. D. McKnight. The Chairman stated that the residents should make a written submission before the next meeting, which the Committee can review. Mr. W. Dahms stated that he didn't think the use's non-compliance with the zoning regulations should affect the approval of the severance. Mr. S. Kay felt that the Committee should hear from the objectors; although he felt objections relate more to use than to the severance. Mr. Dahms questioned whether the applicant wants the deferral. Ms. Kickham advised that she would not object to the deferral, although she did not see a reason for one. Ms. J. Given advised that the Planning staff did get some calls from neighbours and the Property Standards Officer and Fire Department staff did inspect the 7. Submission No.'s B 82/97 & A 121/97 - Honsberqer Lumber Inc. - cont'd property. The complaints are with the tenant and the tenant is prepared to erect a 6 ft. high fence to enclose the scrap yard. The Chairman tried to explain to Mr. Decker that his complaints may be with the tenant and the complaints may not pertain to this application. He requested that, should the neighbours have anything more to add to their written submission, they do so one week prior to the meeting of September 16, 1997. He also ask that they understand that they may not be able to have their concerns addressed by this Committee. It was agreed by all parties that consideration of these applications be deferred to the Committee of Adjustment meeting scheduled for Tuesday September 16, 1997. 8. Submission No.'s B 83/97 & A 124/97 - 1058663 Ontario Inc., 704-260 Sheldon Avenue, Kitchener, Ontario Re: Part of Lot 373, Registered Plan 376, 36 & 38 Louisa Street, Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. M. Saunders COMMITTEE OF ADJUSTMENT 283 AUGUST 19, 1997 35 Broadview Court Kitchener ON Mr. L. Tremblay 704-260 Sheldon Avenue North Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Louisa Street of 7m (24.3') by a depth of 37.9m (124.35') and having an area of 265.36m2 (2856 sq. ft.). The use of the property is a semi-detached dwelling. The applicant is also requesting permission for a lot width for the severed lands of 7.41m (24.3') rather than the required 7.5m (24.61') and a lot width on the retained lands of 6.62m (21.7') rather than the required 7.5m (24.61'). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are designated Low Density Conservation within the K-W Hospital Secondary Plan and are zoned Residential Five Zone (R-5) according to Zoning By-law 85-1. The property is presently developed with a structure designed as a semi-detached dwelling with an accessory unit located in each side. Since the structure is located on a single lot, the previous use has been defined as a four unit apartment building. The use of the property as a four unit apartment was originally established many years ago in accordance with By-law 1823, however the structure has been vacant for some time. Accordingly, since the use of the property as a four unit apartment has not been continuous, the former use of the property does not enjoy legal non-conforming status. The R-5 Zone, which was applied to the property in 1994, does not permit a four unit apartment building and no longer permits duplexing of semi-detached dwellings. 8. Submission No.'s B 83/97 & A 124/97 - 1058663 Ontario Inc. - cont'd The applicant is now proposing to sever the subject property in order to create a semi-detached dwelling. In accordance with the present zoning on the property, the accessory unit in each semi-detached house must be removed. However, before consent to sever can be given, variances are required to reduce the lot width and side yard requirements for both the lands to be severed and the lands to be retained. Specifically, the applicants have requested the following variances: · 36 Louisa Street -lot width to 7.41 metres rather than the required 7.5 metres- detached garage with left side yard of 0.34 metres rather than the required 1.2 metres · 38 Louisa Street -lot width of 6.61 metre rather than the required 7.5 metres - detached garage with right side yard of 0.49 metres rather than the required 1.2 metres The proposed severance would create two separate lots from the existing lot but would not noticeably alter the existing appearance of the lands or dwelling. Since the property is developed with a semi- detached dwelling structure and the appearance of the lands would not change, the reduction of the minimum lot width to 7.41 metres and 6.61 metres from 7.5 metres would not have a negative impact on the streetscape. The proposed reduction in side yard setbacks for the existing detached garages also COMMITTEE OF ADJUSTMENT 284 AUGUST 19, 1997 reflect an existing situation and sufficient space is available to allow for maintenance of the these structures. Since the proposed variances recognize an existing situation and do not change the physical appearance of the property or the streetscape, they can be considered to be minor in nature and appropriate for the development of the subject lands. In addition, since the proposed variances would allow for severance of the property and the establishment of a use which is permitted in the R-5 Zone, they could be considered to meet the general intent of both the Municipal Plan and Zoning By-law. Accordingly, the Department of Planning and Development recommends approval of Minor Variance Application A 124/97 and Consent Application B 83/97 relative to a semi-detached dwelling containing a maximum of two units. That Minor Variance application A 124/97, relative only to a semi-detached dwelling containing a maximum of two units, be approved without conditions. That Consent application B 83/97 be approved subject to the following conditions: 1. That Minor Variance application A 124/97 be finally approved. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all service connections to the severed and retained lands. The Committee noted the comments of the Director of Building in which he advised that it was necessary to ensure that the party wall between the semis has a one hour fire separation from the basement through to the attic. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested that as a condition of approval, the applicants make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of separate electrical servicing to each side of the semi-detached dwelling. 8. Submission No.'s B 83/97 & A 124/97 - 1058663 Ontario Inc. - cont'd At the request of Mr. Tremblay the Committee agreed to consider an amendment to the Application for Minor Variance for the detached garages. Submission No. A 124/97 Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of 1058663 Ontario Inc. requesting permission for a lot width at 36 Louisa Street of 7.41 m (24.3 ft.) rather than the required 7.5 m (24.61 ft.) and legalization of the detached garage with a sideyard of 0.34 m (1.12 ft.) rather than the required 1.2 m (4 ft.) and permission for 38 Louisa Street to have a lot width of 6.62 m (21.7 ft.) rather than the required 7.5 m (24.61 ft.) and legalization of the detached garage with a sideyard of 0.49 m (1.61 ft.) rather than the required 1.2 m (4 ft.) on Part of Lot 373, Registered Plan 376, 36 and 38 Louisa Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the variances as approved in this application shall be relative only to a semi-detached dwelling containing a maximum of two units. 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. COMMITTEE OF ADJUSTMENT 285 AUGUST 19, 1997 The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. B 83~97 Moved by Mr. W. Dahms Seconded by Mr. S. Kay That the application of 1058663 Ontario Inc. requesting permission to convey a parcel of land having a width on Louisa Street of 7.41 m (24.3 ft.) by a depth of 37.9 m (124.35 ft.) and having an area of 265.36 m2 (2,856 sq. ft.) on Part Lot 373, Registered Plan 376, 36 Louisa Street, Kitchener, Ontario BE GRANTED subject to the following conditions: That the applicant shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of separate electrical servicing to each side of the semi-detached dwelling. That the owner shall satisfy the Director of Building that the party wall between the semis has a one hour fire separation from the basement through to the attic space. 3. That the applicant shall receive final approval of Submission No. A 124/97. That the applicant 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 arrangements to the satisfaction of the City's General Manager of Public Works for the installation of all service connections to the severed and retained lands. 8. Submission No.'s B 83/97 & A 124/97 - 1058663 Ontario Inc. - cont'd Submission No. B 83~97 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 August 19, 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 9. Submission No.'s B 84/97 & A 122/97 - Deer Ridge Golf Club, 300 Pioneer Tower Road, Kitchener, Ontario Re: Part of Lots 11 & 12 Beasley's Broken Front Concession, 300 Pioneer Tower Road, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 286 AUGUST 19, 1997 IN SUPPORT: Mr. P. Fleming 300-255 King St. North Waterloo ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to convey a parcel of land, as a lot addition, to an abutting property and also to establish a right-of-way to the benefit of the abutting property. The applicant is also requesting permission for a frontage on Pioneer Tower Road of 84m (275.59') rather than the required 120m (393.7'). The Committee noted the comments of the Department of Planning & Development in which they advised that Consent application B-84-97 seeks a two-fold approval: to convey a portion of land owned by the Deer Ridge Golf Course located within Plan of Subdivision 30T-94009, described as Parts 1 and 2 of Plan 58R-10805, as a lot addition to JHS Properties Inc. who own the remaining lands in the subdivision; and, to establish a right-of-way over such lands once the lands are conveyed to JHS Properties Inc., in favour of Deer Ridge Golf Club for access to the golf club. The minor variance application addresses a temporary zoning deficiency in lot width for the golf course property, as a result of the conveyance. 9. Submission No.'s B 84/97 & A 122/97 - Deer Ridqe Golf Club - cont'd The lands to be severed are part of Plan of Subdivision 30T-94009 which has been draft approved by the Ontario Municipal Board and the City is in the process of finalizing the Residential Subdivision Agreement affecting the plan. The purpose of the conveyance is to relinquish Deer Ridge golf course from the obligations of the subdivision agreement as part owners of the lands to be subdivided. Attached as MAP 2 is a copy of the severed lands shown on the draft plan of subdivision. The severance is appropriate provided the lands are added to those adjacent lands owned by J.H.S. Properties Inc., and held in identical title as Part 7, Plan 58R-7403, which abuts Pioneer Tower Road allowing for the proper completion of the plan of subdivision. (all of which is shown on Map 1) It is noted the Block 16 (Stage 1) of Draft Plan of Subdivision 30T-94009 is intended to form part of the Golf Course lands and will be reconveyed back to Deer Ridge Drive at some future date following the registration of the Plan of Subdivision. As a result of the severance, a lot width variance is created. The Deer Ridge golf Course presently has frontage on a public road, Pioneer Tower Road in two locations-from the lands to be severed, and at the end of Pioneer Tower Road, where the maintenance shed is construct. The minimum lot width requirement for a golf course on these lands is set out in a special zoning regulation applying to these lands: 120 metres, with the severance of these lands, the only remaining frontage on a road results in a lot width of approximately 84.4 metres until the registration of Plan of Subdivision 30T-94009 at which time the frontage on Deer Ridge Drive will be 128 metres, in compliance with the zoning by-law. Accordingly, the minor variance to allow lot width of 84 metres rather than 120 metres is appropriate and maintains the intent of the by-law given that the variance will only exist temporarily, until the plan is registered. To ensure this, the variance is being recommended to be effective only until the Plan of Subdivision 30T-94009 is registered, the granting of the minor variance will facilitate the execution of the subdivision agreement and allow for the future proper and orderly development of the community. COMMITTEE OF ADJUSTMENT 287 AUGUST 19, 1997 Finally, Application B-84/97 also seeks approval to establish a right-of-way over the severed lands, to be owned by JHS Properties Inc., in favour of the Deer Ridge Golf Course, for access to the club house from Pioneer Tower Road. It is intended that the right-of-way only be established following the conveyance of the parcel of land and not by reserving a right-of-way with the conveyance, otherwise, Deer Ridge Golf club would still have an interest in the lands and have legal obligations relative to the subdivision agreement. It is intended that following the conveyance of the lands to JHS Properties Inc., that the Residential Subdivision Agreement be registered on title, and then the right-of-way be established. The right-of-way is only required temporarily, until the Plan of Subdivision is registered and Deer Ridge drive is open to vehicular traffic, at which time the golf course will gain access from the new subdivision road, Deer Ridge Drive. Staff are in support of the right-of-way for the interim period; Deer Ridge Golf Club will be required to quit claim its interest in the right-of-way when the public road is available for access. 1. That Minor Variance application A-122/97 be approved subject to the following condition: a) That the approval expires upon the registration of Plan of Subdivision 30T-94009. conditions. That consent Application B-84/97 to convey a parcel of land for a lot addition be approved, subject to the following condition: a) Final approval of Minor Variance A-122/97. 9. Submission No.'s B 84/97 & A 122/97 - Deer Ridqe Golf Club - cont'd b) That the lands to be severed be added to the abutting lands and title be taken as "JHS Properties Inc.", in identical ownership as the abutting lands, both those described as Part 1 of Plan 58R-8433 and Part 7 of Plan 58R-7403. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. That Consent Application B-84/97 to establish a right-of-way for access over lands owned by JHS Properties in favour of Deer Ridge Golf Course be approved, and shall expire upon the acceptance of Deer Ridge Drive adjacent to the severed lands and its opening to vehicular traffic, by the City, subject to the following condition: a) That Deer Ridge Golf Club enter into an agreement with JHS Properties Inc., to the satisfaction of the City Solicitor providing for maintenance of the right-of-way and acknowledging that the right-of-way is established on a temporary basis only, effective only until acceptance of Deer Ridge Drive by the City and Deer Ridge Drive is open to vehicular traffic to King Street East, at which time Deer Ridge Golf club shall quit claim its interest in such right-of-way. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the proposed lot addition and the proposed minor variance to reduce the lot frontage. The Chairman questioned Mr. Fleming as to whether he received the revised comments and whether they are acceptable to Deer Ridge Golf Club and Mr. Fleming advised that they are. Ms. J. Given requested one additional condition which would be the payment of any outstanding municipal property taxes and/or local improvements charges. Submission No. A 122/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Deer Ridge Golf Club requesting permission for a frontage on Pioneer Tower Road of 84 m (275.59 ft.) rather than the required 120 m (393.7 ft.) on Part Lots 11 & 12, Beasley's Broken Front Concession, 300 Pioneer Tower Road, Kitchener, Ontario BE APPROVED subject to the COMMITTEE OF ADJUSTMENT 288 AUGUST 19, 1997 following condition: 1. That this approval shall expire upon the registration of Plan of Subdivision 30T-94009. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. B 84/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Deer Ridge Golf Club requesting permission to convey a parcel of land having an area of 4.015 hectares, as a lot addition; and further 9. Submission No.'s B 84/97 & A 122/97 - Deer Ridqe Golf Club - cont'd Submission No. B 84/97 That the application of Deer Ridge Golf Club requesting permission for a right-of-way over the severed parcel, once conveyed, on Part Lots 11 & 12, Beasley's Broken Front concession, 300 Pioneer Tower Rd., Kitchener, Ontario BE GRANTED subject to the following conditions: That the conveyance of the lot addition shall be conditional on final approval of Submission No. A 122/97. That the lands to be severed in this application shall be added to the abutting lands and title shall be taken as "JHS Properties Inc." in identical ownership as the abutting lands, both those described as Part 1, Reference Plan 58R-8433 and Part 7, Reference Plan 58R-7403; with any subsequent conveyance of the parcel to be severed complying with subsections 50(3) and/or (5) of the Planning Act. That the right-of-way for access over lands owned by JHS Properties Inc. in favour of Deer Ridge Golf Course shall expire upon acceptance of Deer Ridge Drive, adjacent to the severed lands, and its opening to vehicular traffic by the City. That Deer Ridge Golf Club shall enter into an agreement with JHS Properties Inc., to the satisfaction of the City Solicitor, providing for maintenance of the right-of-way and acknowledging that the right-of-way is established on a temporary basis only, effective only until acceptance of Deer Ridge Drive by the City of Kitchener and Deer Ridge Drive is open to vehicular traffic to King Street East, at which time Deer Ridge Golf Course shall quit claim its interest in such right-of-way. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding 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 August 19, 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 289 AUGUST 19, 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 ADJOURNMENT On Motion, the meeting adjourned at 12:45 p.m. Dated at the City of Kitchener this 19th day of August 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment