HomeMy WebLinkAboutAdjustment - 1997-09-16COA\1997-09-16
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 16, 1997
MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight and S. Kay.
OFFICIALS PRESENT: Ms. C. Ladd, Director, Community Planning, Development & Design, Ms. J.
Given, Senior Planner, Ms. P. Bacon, Planner, Mr. R. Morgan, Co-ordinator
Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer.
Mr. J. Gothard, Chairman, called the meeting to order at 10:30 a.m.
MINUTES
Moved by Mr. W. Dahms
Seconded by Mr. D. McKnight
That the Minutes of the regular meeting of the Committee of Adjustment, of August 19, 1997, as mailed to
the members, be accepted.
MINOR VARIANCE
UNFINISHED BUSINESS
Carried
1. Submission No. A 45/97 - Marie Peever, 550 King Street East, Kitchener, Ontario
Re:
Part Lots 1 & 2, Registered Plan 100 and Part Lots 9, 10 and 11, Registered Plan 323, 530 - 550
King Street East, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. P. Britton
171 Victoria Street North
Kitchener, Ontario
CONTRA:
Mr. H. Karrenbrock
9 Cameron Street North
Kitchener, Ontario
WRITTEN SUBMISSIONS:
IN SUPPORT:
NONE
CONTRA:
Mr. H. Karrenbrock
9 Cameron Street North
Kitchener, Ontario
The Committee was advised the applicant is requesting permission to locate 10 off-street parking spaces
with a 0 m setback from King Street rather than the required 3 m (9.85 ft.) and to provide 32 off-street
parking spaces rather than the required 37 off-street parking spaces.
The Committee noted the comments of the Department of Planning & Development in which they advised
that this application was deferred from the Committee's meeting of March 18, 1997. This Department
supported a deferral in order that confirmation of the number of available parking spaces could be
determined and the variances that would be necessary.
COMMITTEE OF ADJUSTMENT 292 SEPTEMBER 16, 1997
The property, located at the intersections of King Street with Betzner Street and Cameron Street was
purchased by Dr. John Peever in 1996 with the intent to convert the previous office use to accommodate
medical related uses. The buildings were previously occupied by Dalton Insurance, an office use.
1. Submission No. A 45/97 - Marie Peever - cont'd
The Committee first dealt with Minor Variance Application A 31/96 in May, 1996. The application was to
approve a 650.3 square metres (7,000 square foot) health clinic with 24 parking spaces rather than 43
spaces and permission to expand the health clinic to 929 square metres (10,000 square feet) with 30
parking spaces rather than the required 61 parking spaces. The Department of Planning and
Development supported this application however the Committee refused the requested variance.
In an attempt to achieve closer compliance with the Zoning By-law, the applicant then introduced two
additional non-health related tenants into the basement of the building, an income tax service business
and a financial consultant. The Income Tax Service occupies 32.5 square metres (350 square feet), and
the financial consultant, 15 square metres (161 square feet). The health clinic occupies the remaining
floor area of the two-storey building. This technically allows the building to be classified as a 'plaza' under
the City's Zoning By-law which has a lesser parking requirement than a health clinic - in this instance, it
reduces the total parking requirement from 61 spaces to 37 spaces.
This Minor Variance application, now dealing with the use of the building as a plaza complex, was first
before the Committee in March, 1997, at which time the request was for a reduction in the length of
parking stall and a reduction in the setback from King Street of 0 metres rather than 3 metres. The
application was deferred to allow a modification to the actual variances required; clarification was needed
as to the actual number of spaces the site could accommodate and the need to apply for minor variance
approval to reduce the number of parking spaces was made known to the owners. The additional
variances were circulated to the neighbours. The application was deferred again in April 1997 at the
request of the applicant to allow time to meet with staff to address the various issues. Throughout the
entire processing of this application, staff have met on numerous occasions with the owners, their
planning consultant, and the neighbours, the Karrenbrocks, discussing a range of scenarios and options
to meet the various concerns of the neighbourhood and the applicant.
This application now requests Minor Variance approval to reduce the setback of parking along King
Street East, from 3 metres to 0 metres and to reduce the number of parking spaces required of 37 to 32
parking spaces, relative to a plaza complex.
Firstly, with regard to the requested variance to setback of parking along King Street East, the
Department is of the opinion that the variance is minor in nature. The property is located within an active
business area of King Street and many on-site parking areas are developed within the setback area.
Therefore, the impact of the variance is considered minor. The variance is appropriate in order to
effectively and functionally provide on-site parking. The variance maintains the general intent and
purpose of the by-law as there is an existing 3.9 metre (12 feet) landscaped boulevard area that
separates the sidewalk and the carriage way of King Street from the subject property.
With respect to the variance for a reduction in parking, the Department of Planning and Development
supported the first minor variance request for a reduction in parking from 61 spaces to 30 spaces on the
basis of the property's proximity to the downtown, its location on a major transit corridor and the
availability of on-street parking on King Street and nearby commercial parking facilities. The Department
also felt that the specific proposal for this property supported the City's objectives for adaptive reuse of
vacant buildings. The Departments' position on this matter has not changed and we continue to support
the reduction in parking, in this case from 37 spaces to 32 spaces for a plaza. The Departments previous
report is appended hereto for the Committee's information. It should also be noted that at present, the
owner leases 12 parking spaces off-site, which may be an expression toward meeting the actual parking
demand. However, since there is no agreement in perpetuity securing the availability of these spaces,
they cannot be counted as satisfying the By-law requirement.
We note that Traffic staff have expressed concerns with the use of the plaza complex parking
requirement where such a high proportion of the building is occupied by health uses. They further
recommend a review of this plaza parking approach relative to health uses. The Department is agreeable
to considering this in an upcoming revision to the City's Zoning By-law.
COMMITTEE OF ADJUSTMENT 293 SEPTEMBER 16, 1997
1. Submission No. A 45/97 - Marie Peever - cont'd
The Department of Planning and Development therefore believes that the proposed minor variance is
minor in nature and is deemed to appropriate for the use of the property particularly given its proximity to
the downtown and its location on King Street and it maintains the intent and purpose of the By-law and
Municipal Plan.
The Department of Planning and Development recommends approval of Submission A 45/97 for a
reduction in the setback of parking along King street East from 3.0 metres to 0 metres and a reduction in
the parking requirement from 37 spaces to 32 spaces.
The Committee noted the comments of the Department of Engineering, Regional Municipality of
Waterloo, in which they advised that the applicant has submitted another revised plan indicating that the
previous 1 m encroachment into the King Street road allowance for parking is no longer required. A road
allowance widening is required from the lands formally known as 542 King Street. They also noted that if
a site plan application is necessary for this development, the Region would have a series of
requirements.
The Committee noted the comments of the Traffic and Parking Division in which they advised that the
Division does not support the requested parking reduction, in consideration of the potential impact on the
adjacent residential streets (overflow on-street parking, traffic circulating in the neighbourhood). Also,
they noted that the proposed parking layout does not meet City design standards due to the substandard
aisle width of 6.2 m.
The Chairman clarified that the current application before the Committee is to reduce the number of
parking spaces from 37 to 32 and to locate parking zero meters from King Street rather than the required
3 m. Further, the Chairman clarified that there would be no encroachment of parking onto the King Street
right-of-way. Mr. P. Britton advised that the Chairman was correct.
The Chairman questioned staff with respect to zoning and was advised that the zoning is CR4 which
allows a mixture of service commercial, office and residential uses.
Mr. Britton explained the need for the previous deferrals. He advised that the applicant is in support of
the staff recommendation and Mr. and Mrs. H. Karrenbrock continued to be opposed. Mr. Britton then
stated that the required variances are a 0 m setback and to provide 32 parking spaces rather than the
required 37. Mr. Britton advised that there is an approved site plan which has parking setback 0 m;
however, they want to expand that. A road widening of 3 m was taken by the Region and if the road
widening had not been taken, the variance would not be required. Mr. Britton advised that he had
confirmation from the Region that no immediate or near term widening will be taken. Mr. Britton continued
that the house at 530 King Street East was demolished and this is where the parking lot expansion is to
take place.
With regard to the variance for the reduction in parking spaces, Mr. Britton advised that the
circumstances have changed and the plans for the building have been modified since last before the
Committee. Each office has its own access to the street; therefore, more space in the building is used for
stairwell, etc. and there is less usable space. He stated that there are two medical practitioners and
support staff and two non-medical users in the downstairs, as well as space for other non-medical users.
Upstairs there are seven medical practitioners and a pharmacy. Mr. Britton stated that the property is
located on King Street and has access to public transit routes. In addition, the property is adjacent to the
downtown and there is metered on-street parking which is not intensely used. Finally, Mr. Britton pointed
out the City of Kitchener's initiatives with respect to adaptive reuse of buildings, which looks to the
occupancy of existing buildings.
The Chairman questioned where the street entrances are located and Mr. Britton advised that Council
has closed the access to Cameron Street and all access is to King Street.
Mr. D. McKnight asked for an explanation of the plaza complex concept. Ms. C. Ladd explained that this
started off as a health clinic but is now a plaza complex and the parking requirements is much
less. A health clinic requires one parking space for each 15 sq. meters, whereas a plaza requires
one parking 1. Submission No. A 45/97 - Marie Peever - cont'd
space for each 27 sq. meters. The plaza complex must have three or more separate non-health related
uses in addition to the health-related uses. If the non-health related uses leave, then they must comply
COMMITTEE OF ADJUSTMENT 294 SEPTEMBER 16, 1997
with the parking requirement for health practitioners.
The Chairman then directed his comments to Mr. and Mrs. H. Karrenbrock, noting that the submitted site
plan shows 7 parking spaces adjacent to the side of their property. Mrs. Karrenbrock then addressed the
Committee referring to her written submission and of the health problems she has experienced, which, in
her opinion, have been caused by the parking adjacent to the windows at that side of her home. She
advised that the parking lot creates a lot of dust and noise. The Chairman stated that this Committee has
always listened to the Karrenbrocks fairly. Further, they should understand that the use of this property is
permitted in this zone.
Mr. Karrenbrock then approached the Chairman's desk with a site plan and Mr. Britton, the Secretary
Treasurer and the other Committee members also came forward to the Chairman's desk, so that all could
view the site plan and hear Mr. Karrenbrock's submissions. Mr. Karrenbrock then noted that on his site
plan, he laid out 20 usable parking spaces which comply with the by-law and, in his opinion, there is only
space on the site to provide 20 spaces. Mr. Karrenbrock noted the comments of the City's Traffic and
Parking Division in which they advised that, in Mr. Britton's proposal, a 6.2 m aisle width is proposed,
which is less than that required in the City's design standards. Therefore, 32 parking spaces could not be
placed on the site if the required aisle width is to be provided. Ms. C. Ladd commented that the width of
the aisle in the parking lot is part of the City's design standards and not a zoning by-law requirement. Mr.
W. Dahms stated that he felt a 6.2 m aisle width to be inadequate.
Mr. D. McKnight put forward a motion to refuse this application. Mr. McKnight stated that he believed, in
principle, that there should be some kind of health clinic on this property. The use is appropriate for the
area; however, he agreed with the objector that this situation has gotten out of hand, as the scale is too
large for the site.
Mr. S. Kay seconded the motion, stating he has concerns about this development of the property. The
problems were in place at the time the property was purchased. The City has been attempting to assist in
the redevelopment but Mr. Kay stated that he has problems with the extent they have done so. Medical
uses generate a lot of in and out traffic. He questioned whether the Committee was being asked to do
something hypothetical. If the site plan is not approved with these variances then the applicant may be
back before this Committee with further variances.
Mr. W. Dahms stated that it seemed as though the objections are to parking, noise and pollution. He
questioned whether there are other legal uses which could operate here with 32 parking spaces. Ms. C.
Ladd responded that there are several uses which could operate there. The insurance business
operated there for several years prior to the removal of the building which has been demolished. The
applicant could purchase additional land to provide additional parking and use the entire 10,000 sq. ft. as
a clinic.
Mr. S. Kay stated that the parking relates to what is anticipated by the use. The applicant could obtain
off-premises parking and he would not object. The parking requirement for this intent use should be
provided.
The Chairman noted that this Committee has approved uses on undersigned properties before: in fact,
Committee of Adjustments are created to consider such uses. He then recited the four tests contained in
the Planning Act which all applications for minor variance must meet. It was his opinion that the first three
tests are met but the fourth test, is it minor in nature, could not be met.
Moved by Mr. D. McKnight
Seconded by Mr. S. Kay
That the application of Marie Peever requesting permission to provide 10 off-street parking spaces 0 m
from King Street rather than the required 3 m (9.85 ft.) from the property line along King Street and
to provide 32 off-street 1. Submission No. A 45/97 - Marie Peever - cont'd
parking spaces rather than the required 37 off-street parking spaces on Part Lots 1 & 2, Registered Plan
100 and Part Lots 9, 10 & 11, Registered Plan 323, 550 King Street East, Kitchener, Ontario BE
REFUSED.
It is the opinion of this Committee that the variances requested in this application are not minor in nature
and not appropriate for the development of the property.
APPLICATIONS
COMMITTEE OF ADJUSTMENT 295 SEPTEMBER 16, 1997
Submission No. A 125/97 -Vincent Giglio, 419 St. Leger Street, Kitchener,
Ontario
Re: Lot 59, Registered Plan 750, 419 St. Leger Street, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. V. Giglio
419 St. Leger Street
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicant is requesting permission to construct a detached garage
with a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.).
The Committee noted the comments of the Department of Planning & Development in which they advised
that the applicant is requesting permission to construct a detached garage at the end of the existing
driveway with a sideyard of 0.6 metres (2 ft) rather than the required 1.2 metres (4 ft).
The applicant has stated that he requests a reduction in the sideyard to allow a more straight alignment
for driving his vehicle into the proposed 2 car garage from the existing driveway. As well, he does not
wish to cut down a 30 foot high pine tree if he locates the garage in conformity with the zoning
regulations. Staff conducted a site visit of the property and note that in order to install a two car garage,
one of the vehicles will have to make a slight manoeuvre in and out of the garage and locating the garage
in compliance with the regulations will interfere with the existing mature pine tree.
Therefore, the requested variance maintains the general intent and purpose of the zoning by-law by still
providing a 2 foot sideyard yet providing flexibility in manoeuvring in and out of the garage. The impact of
the variances are minor as it would not appear to adversely affect the enjoyment of the abutting properties
and is desirable for the appropriate development of the property as the pine tree will be preserved.
In the opinion of staff, the proposal meets the four tests set out in Section 45 (1) of the Planning Act. The
Department of Planning and Development recommends approval of submission A 125/97 only to the
extent of the variance shown on the drawing submitted with the application.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required to construct a garage and there shall be no openings in a wall located less than 1.2 m (4 ft.)
from the property line.
The Committee noted the comments of the Traffic and Parking Division in which they advised that they
have no concerns regarding the proposed garage; however, it appears that the existing hedge beside the
driveway may exceed the maximum height of 3 ft. The applicant should ensure that the hedge is in
compliance with by-law regulations.
1. Submission No. A 125/97 - Vincent Gi.qlio - cont'd
The Chairman reminded Mr. Giglio of the need for a building permit.
Moved by Mr. D. McKnight
Seconded by Mr. W. Dahms
That the application of Vincent Giglio requesting permission to construct a detached garage with a
sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) on Lot 59, Registered Plan 750, 419 St.
Leger Street, Kitchener, Ontario BE APPROVED subject to the following conditions:
1. That the variance as approved in this application shall apply to the garage only to the extent as
COMMITTEE OF ADJUSTMENT 296 SEPTEMBER 16, 1997
shown on the plans submitted with this application.
2. That all roof drainage from the garage shall be directed onto the applicant's own property.
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 126/97 - Brian & Elizabeth Feil, 40 Bournemouth Avenue,
Kitchener, Ontario.
Re: Lot 81, Registered Plan 773, 40 Bournemouth Avenue, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. B. Feil
40 Bournemouth Avenue
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicants are requesting permission to construct a detached
garage with a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) and a rearyard of 0.6 m (2 ft.)
rather than the required 1.2 m (4 ft.).
The Committee noted the comments of the Department of Planning & Development in which they advised
that the applicants are requesting permission to construct a detached garage at the end of the existing
driveway with a sideyard of 0.6 metres (2 feet) and a rearyard of 0.6 metres (2 feet) rather than the
required 1.2 metres (4 feet).
The applicants have stated that they request a reduction in the side and rearyards by two feet in order to
allow for a straight alignment of driving their vehicle into the garage from the existing driveway. Staff
conducted a site visit of the property and noted that there is a tight access along the existing driveway
because of the building and fence locations. If the garage
was located in conformity with the regulations, there would be some manoeuvring required to enter and
exit the garage from the driveway due to the location of the garage near the deck at the rear of the
building. In staff's opinion, it would cause an inconvenience and a possible hazard in exiting.
2. Submission No. A 126/97 - Brian & Elizabeth Feil - cont'd
In consideration of the foregoing, the variance maintains the general intent and purpose of the zoning by-
law by still providing a 2 foot side and rear yard yet providing flexibility in manoeuvring in and out of the
garage. The impact of the variance is minor as it would not appear to adversely affect the enjoyment of
the abutting properties and is desirable for the appropriate development of the property.
In the opinion of staff, the proposal meets the four tests set out in Section 45 (1) of the Planning Act. The
Department of Planning and Development recommends approval of Submission A 126/97.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required to construct the garage and there should be no openings in a wall located less than 1.2 m (4
COMMITTEE OF ADJUSTMENT 297 SEPTEMBER 16, 1997
ft.) from the property line.
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Brian & Elizabeth Feil requesting permission to construct a detached garage with a
sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) and a rearyard of 0.6 m (2 ft.) rather than the
required 1.2 m (4 ft.) on Lot 81, Registered Plan 773, 40 Bournemouth Avenue, Kitchener, Ontario BE
APPROVED subject to the following condition:
1. That all roof drainage from the garage shall be directed onto the applicants' own property.
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 127/97 - Shell Canada Limited, 500-45 Vogell Road,
Richmond Hill, Ontario.
Re: Part Lots 23 & 24, Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. G. Dell
223-1140 Burnhamthorpe Rd. West
Mississauga, Ontario
Mr. W. Burns
Shell Canada Limited
500-45 Vogell Rd
Richmond Hill, Ontario
CONTRA:
Mr. R. McColl
22 Edgehill Drive
Kitchener, Ontario
Mr. G. Kraemer
45 Greensview Drive
Kitchener, Ontario
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
3. Submission No. A 127/97 - Shell Canada Limited - cont'd
The Committee was advised that the applicant proposes to add a 29 m2 (312.17 sq. ft.) restaurant
component to the convenience store approved for this site and is requesting permission to provide 13 off-
street parking spaces for these uses rather than the required 17.
The Committee noted the comments of the Department of Planning & Development in which they advised
that the applicant is requesting a reduction in the number of off street parking spaces to allow a 29 square
metre restaurant to
be added to a site containing convenience retail and a car wash, without providing any additional parking.
The reduction in parking required for the proposed restaurant is 4 spaces. The entire site would then
COMMITTEE OF ADJUSTMENT 298 SEPTEMBER 16, 1997
provide 13 spaces rather than 17.
The applicant previously received approval from the Committee of Adjustment for a reduction in the
parking requirement for the convenience retail outlet to allow 5 parking spaces rather than the required 8
spaces and a reduction in the number of additional waiting spaces for the carwash to allow 8 spaces
rather than the required 10. Site plan approval was given with the reduced parking requirements on the
basis that the site would be developed with an automatic car wash, a gas bar with 7 fuel dispensing
nozzles and a convenience retail outlet, which in it would include a drive-thru for a donut store.
The applicants debate that there will be no adverse affect on parking since the restaurant proposed will
be a drive-thru restaurant. They also advised that a parking study would follow which would support the
reduction in parking spaces and their debate that there would be no adverse affect. Staff have not
received a parking study to date.
A drive-thru donut store is considered convenience retail rather than a restaurant because of the nature
of the items sold. The items sold are prepacked and prepared food and coffee. There are no ovens, or
special building code requirements for ventilation etc., as well as no assembly or preparation of food
permitted on site. Since the drive-thru donut store would be considered part of the convenience retail
outlet it would not require additional parking. However, the applicants are now proposing to occupy the
drive-thru with an A&W restaurant and possibly also maintain the donut store. The By-law defines
restaurant as "a place where food and/or drink is prepared and sold at retail for immediate consumption,
either on or off site..." The restaurant would generate additional parking demand.
The City is currently reviewing and monitoring restaurants with drive-thru's based on traffic circulation and
traffic back-up problems on accessing roadways. Staff are considering the possibility of increasing the
standards for waiting spaces for drive-thru's to reduce potential problems on future sites. It has also been
staffs experience that off-street parking spaces are well used on sites which offer the drive-thru option.
The land in question proposes a building containing a convenience retail store, a drive-thru restaurant
and possibly a drive-thru donut store, in addition to a gas bar and an automatic car wash. The site is
already proposed to be fully developed, taking advantage of previous minor variance approvals. The site
is located on an extremely busy road and at a well used intersection. There is concern that vehicles may
interfere with through traffic on King Street East. It is staffs opinion that additional off-street parking
spaces should be provided for the restaurant use due to the multiple of uses proposed for the site and its
location. Staff believe that the site is developed to its capacity. Based on the above, with or without the
benefit of a parking study, a reduction in the number of off street parking spaces is not minor nor is it
desirable for the appropriate development of this site.
The Department of Planning and Development recommends refusal of Submission A 127/97.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required for any construction needed to accommodate the new restaurant use, including the installation
of any new grease hoods.
The Committee noted the comments of the Traffic and Parking Division in which they advised that the
Division does not support the request to provide 13 off-3. Submission No. A 127/97 - Shell
Canada Limited - cont'd
street parking spaces rather than the required 17. Given the intensity of development on this site, it is
imperative that adequate and functional and on-site parking be provided for each component on this site.
The on-site parking requirement has already been reduced through a previous application and it was
their view that a further reduction for the restaurant component is not practical, as there are only 2 parking
stalls immediately adjacent to the restaurant and the remainder of parking is on the far side of the
property.
The Committee noted the comments of the Engineering Department Region of Waterloo, in which they
advised that their comments pertaining to the development of this site were addressed through a site plan
application.
The Chairman questioned whether there were any other Committee of Adjustment approvals for this
development and Mr. Dell responded that this Committee previously approved a reduction in parking for
the car wash and a variance for the sign.
Mr. Dell then explained to the Committee that Shell had commenced the site plan process for this
COMMITTEE OF ADJUSTMENT 299 SEPTEMBER 16, 1997
development in 1996, at which time they proposed a convenient store, gas bar and car wash. He stated
that the take-out window in the convenient store has always been an accessory use. Mr. Dell provided
the Committee members with site plans of other similar developments in other municipalities. He advised
that the A & W and donut shop will occupy 306 sq. ft., which is an accessory use. He referred to the
submitted site plans stating that this might be an unusual development in Kitchener but it is not unusual in
Ontario. Mr. Dell advised that a traffic consultant has been hired to do a traffic study. It was Mr. Dell's
opinion that the application meets the four tests set out in the Planning Act. Mr. Dell pointed out that in
the City's zoning by-law, the parking requirement relates to the car wash itself and, in his opinion, the car
wash standard should not apply to the convenience retail including the restaurant component. He
suggested that the Committee's approval could be conditional on a satisfactory parking study, to the
satisfaction of the Planning Department or Council.
Mr. R. McColl addressed the Committee advising that he is speaking on his own behalf as well as seven
other neighbours. He advised of the following concerns: this is a dangerous intersection; the requested
variance indicates a dangerous overdevelopment of the site and a fundamental change to the approved
site plan. Further, there is no on-street parking on King Street or Gateway Park Drive and patrons will
park on the closest residential streets. Shell has already applied for two other variances and Mr. McColl
was concerned that this situation will create a precedent for other properties being developed in the area.
Mr. McColl indicated that this area has always had traffic problems, even with the last use of the
property.
Mr. D. McKnight noted that there are five lanes of traffic on King Street in this location and there was a
gas station and restaurant on this site previously. Gateway Park Drive did not exist five years ago, so
how could there have been a traffic problem. Mr. McColl responded that Limerick Drive, at this
intersection, has been there for years.
The Chairman stated that he did not understand why people would park on Limerick Drive to access this
site, being a car wash, gas bar, convenience retail and restaurant. Mr. McColl responded that his
neighbours have advised him that the previous use already had traffic problems.
Mr. Dell stated that the restaurant situation has been blown out of proportion. The restaurant will have no
seating and will not attract additional customers. This will be a fast moving site and has been designed to
keep customers moving. They are providing convenience for people. They have no intention of keeping
people on this site. They want to keep them moving. The Chairman clarified that whatever food facility is
there, isn't sit down and Mr. Dell advised that this was correct. Further, he stated that the people at the
pump are the ones who will utilize the convenience retail.
Mr. Dell advised that the A & W will have 130 sq. ft. of the donut shop area. The Chairman questioned
why, if this is only a drive-thru the application is required. Mr. Dell advised that the A & W will cook food
on-site.
3. Submission No. A 127/97 - Shell Canada Limited - cont'd
Ms. J. Given responded that a drive-thru restaurant is always required to provide parking when food is
being prepared on-site.
The Chairman questioned whether consideration has been given to staff parking. Ms. J. Given advised
that this should be a consideration. Further, she advised that there has already been a reduction in
parking on this site for the convenience retail and the car wash for a total of 13 spaces instead of the
required 18.
Mr. G. Kramer addressed the Committee advising that this is an extension of what has been done down
the road. He stated that this is a dangerous intersection and Mr. McColl's comments should be seriously
considered. Mr. Kramer advised that Limerick Drive is westerly to the gas station and vehicles turning
into the gas station and Limerick Drive compete. He explained that what happens is, cars going to the
401 pull-over to the right and run across King Street. He had seen this happen all the time down at Tim
Hortons. He advised that, at least 3 or 4 times a day, he has seen people doing U turns coming out of
Gateway Park Drive.
Mr. D. McKnight questioned whether there were no left turns at this intersection and Ms. J. Given advised
that this correct, Gateway Park Drive is a right in, right out, only.
Mr. S. Kay advised that he was prepared to put forward a motion. He stated that the Committee has been
COMMITTEE OF ADJUSTMENT 300 SEPTEMBER 16, 1997
tested this morning. He stated that he initially thought that they were intensifying the use little by little. He
stated that a difference in degree eventually becomes a difference in kind. He first thought that, if there
was no increase in the floor area of the donut shop, then there would be no increase in use; however, the
more you put on a site, the more desirable it is to attend at that site. He moved refusal of the application.
Mr. W. Dahms seconded the motion. He advised that he agreed with the comments of Mr. Kay and that
the professional reports recommended refusal.
Mr. D. McKnight stated that he has doubts about the application. In weighing all considerations, Mr.
McKnight stated that he agreed with the other two members.
The Chairman stated that there have already been two reductions and there is two much going on-site.
He felt that, from a planning point of view, he could not support a further reduction in parking.
Moved by Mr. S. Kay
Seconded by Mr. W. Dahrns
That the application of Shell Canada Limited requesting permission to provide 13 off-street parking
spaces for 29 m2 (312.17 sq. ft.) of restaurant, which is proposed to be added to the convenience retail
component on this site, rather than the required 17 off-street parking spaces on Part Lots 23 & 24,
Beasley's Broken Front Concession, 4574 King Street East, Kitchener, Ontario BE REFUSED.
It is the opinion of this Committee that:
1. The variance requested in this application is not minor in nature.
2. This application is not desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not
being maintained on the subject property.
Carried
4. Submission No. A 128/97 - Arjel Developments, 1110 Sheppard Ave. E., Willowdale, Ontario.
Re: Lot 23, Registered Plan 58M-31,373 Brembel Crescent, Kitchener, Ontario.
The Secretary-Treasurer advised the Committee that this application had been withdrawn prior to notice
being circulated to the neighbours.
5. Submission No. A 129/97 - Carola Leder, 14 Birch Avenue, Kitchener,
Ontario.
Re: Part Lot 114, Plan 666 & Part Lot 1, Subdivision of Lot 58, German Company Tract, 14 Birch
Avenue, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
CONTRA:
WRITTEN SUBMISSIONS:
Ms. C. Leder
14 Birch Avenue
Kitchener, Ontario
NONE
IN SUPPORT: NONE
COMMITTEE OF ADJUSTMENT 301 SEPTEMBER 16, 1997
CONTRA: NONE
The Committee was advised that the applicant is requesting permission to construct a detached garage
with a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.).
The Committee noted the comments of the Department of Planning & Development in which they advised
that the subject lands are located at 14 Birch Avenue, within the North Ward Neighbourhood Secondary
Plan and are designated Low Rise Conservation - A and zoned Residential Three (R-3) Zone, according
to Zoning By-law 85-1. The applicant is requesting a reduction in the minimum southerly side yard set
back for a detached garage from 1.2 metres to 0.6 metres.
The southerly lot line of the subject land is angled and as such the proposed garage will be located 0.6
metres at the closest point of the garage and approximately 1.2 metres at the farthest point. There are no
buildings in the vicinity of the proposed garage on the adjacent property. The properties are separated by
a wood post and chain link fence. There is a garage located on the other abutting property south the
existing dwelling, set back approximately 2.0 metres from the side yard with no openings along the wall
which abuts the subject lands. The proposed minor variance will have a minimal impact on the adjacent
lands and is therefore considered minor. The intent of the Zoning By-law is being maintained as the
distance separation between buildings is adequate and there is sufficient room for maintenance of the
garage given the angle of the property line. Given that the access to the garage would be on an angle
and difficult to access if the garage was set back 1.2 metres the variance requested is desirable for the
appropriate development of the subject lands.
For all of the above reasons, the Department of Planning and Development supports the approval of a
minor variance to reduce the side yard set back from 1.2 metres to 0.6 metres. The Department of
Planning and Development recommends approval of Minor Variance Application A 129/97, requesting a
reduction in the minimum side yard set back requirement from 1.2 metres to 0.6 metres only to the extent
the variance shown on the sketch attached with the application.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required to construct the garage and there shall be no openings in a wall located less than 1.2 m (4 ft.)
from the property line.
5. Submission No. A 129/97 - Carola Leder - cont'd
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Carola Leader requesting permission to construct a detached garage with a
southerly sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) on Part Lot 114, Plan 666 and Part
Lot 1, Subdivision of Lot 58, German Company Tract, 14 Birch Avenue, Kitchener, Ontario BE
APPROVED subject to the following condition:
That all roof drainage from the garage shall be directed onto the applicant's own property.
That the applicant shall obtain a building permit prior to construction of the garage and there shall
be no openings in the wall located less than 1.2 m (4 ft.) from the property line.
That the variance as approved in this application shall apply only to the extent as shown on the
drawing submitted with this application.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
COMMITTEE OF ADJUSTMENT 302 SEPTEMBER 16, 1997
Carried
Submission No. A 130/97 - James & Mary Deverell, 33 Elginfield Drive,
Guelph, Ontario.
Re: Lot 149, Registered Plan 203, 610 York Street, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. G. Deverell
610 York Street
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicants are requesting permission to construct a detached
garage with a 0 m sideyard rather than he required 1.2 m (4 ft.).
The Committee noted the comments of the Department of Planning & Development in which they advised
that the subject lands are located on York Street, are within the K-W Hospital Neighbourhood Secondary
Plan and are designated Low Rise Residential and zoned Residential Five (R-5) Zone according to
Zoning By-law 85-1. The applicant is requesting a reduction in the westerly minimum side yard set back
for a detached garage from 1.2 metres to zero metres. The outside wall of the proposed garage is
proposed to be located 0.3 metres from the property line and the eaves are proposed to extend to the
property line. The Zoning By-law allows accessory structures to be located zero to 0.2 metres from the
site yard if a 1.5 metre easement is granted by the abutting owner. The applicant has advised that the
garage will be constructed with maintenance free material without any encroachment onto the abutting
property.
6. Submission No. A 130/97 - James & Mary Deverell - cont'd
The subject property abuts a parking lot which is within the City of Waterloo's boundary. The lands are
separated by a hedge. In view of the neighbouring property being a parking lot, the impact of the
variance is minor. Also, given the width of the lot and the narrowness of the access to the proposed
garage the location of the garage is desirable and appropriate development for the subject lands. This
scenario will provide less of an intrusion into the existing outdoor privacy area in the rear yard. The
variance requested meets the general intent and purpose of the Municipal Plan and the Zoning By-law as
there are no abutting buildings to the west of the subject lands.
For all of the above reasons, the Department of Planning and Development supports the approval of a
minor variance to reduce the side yard set back from 1.2 metres to 0 metres. The Department of
Planning and Development recommends approval of Minor Variance Application A 130/97, requesting a
reduction in the minimum side yard set back requirement from 1.2 metres to 0 metres.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required to construct the new garage. He also advised that there should be no openings in a wall
located on the property line and the applicant must ensure that roof drainage is not directed onto the
adjacent property.
Mr. Deverell addressed the Committee at advising that, next to the proposed garage, is a parking lot. The
driveway is against that lot line and a proposed garage location is desirable, otherwise it would be
awkward to access the garage from the driveway. Further, a tree would have to be removed if a larger
sideyard is to be provided.
COMMITTEE OF ADJUSTMENT 303 SEPTEMBER 16, 1997
Mr. W. Dahms advised that he had concerns about the maintenance of the garage. Mr. Deverell advised
that the foundation of the garage would actually be 1 ft. from the lot line, in order to leave room for the
eaves. Ms. J. Given advised that the by-law allows eaves to encroach not more than 6 inches into the
required sideyard.
Mr. Dahms stated that he had concerns about encroaching onto the neighbour's property to build and
maintain the garage.
The Chairman questioned whether the hedge goes to the back of the property and Mr. Deverell advised
that it does.
Mr. McKnight advised that he would be prepared to approve an amended application which would be in
closer compliance with the by-law, taking into consideration the location of the tree. He felt that by
approving a 0 m sideyard the Committee would be creating the need for an easement.
Mr. S. Kay questioned whether Mr. Deverell would be prepared to amend the application for a 2 ft.
sideyard with the eaves located within that 2 ft. and Mr. Deverell advised that he would, although it would
require removing the tree.
Moved by Mr. S. Kay
Seconded by Mr. D. McKnight
That the application of James & Mary Deverell requesting permission to construct a detached garage with
a sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.) on Lot 149, Registered Plan 203, 610 York
Street, Kitchener, Ontario BE APPROVED subject to the following conditions:
1. That the applicant shall receive approval of a building permit prior to constructing the garage.
2. That there shall be no openings in a wall located less than 1.2 m (4 ft.) from the property line.
3. That the side of the garage closest to the side lot line shall be clad with maintenance free material.
4. That all roof drainage from the garage shall be directed onto the applicants own property.
6. Submission No. A 130/97 - James & Mary Deverell - cont'd
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
Submission No. A 131/97 -Activa Development Corporation, 735 Bridge
Street West, Waterloo, Ontario
Re:
Part of Block 1, Registered Plan 58M-20, being Parts 1 & 2, Reference Plan 58R-10629, Corner of
Grey Fox Drive & Woodpoppy Court, Kitchener, Ontario.
The Secretary-Treasurer advised the Committee that this application is to be revised and recirculated for
the Committee of Adjustment meeting scheduled for October 7, 1997.
Submission No. A 132/97 - Activa Development Corporation, 735 Bridge
Street West, Waterloo, Ontario
The Secretary-Treasurer advised the Committee that this application is to be revised and recirculated for
the Committee of Adjustment meeting scheduled for October 7, 1997.
COMMITTEE OF ADJUSTMENT 304 SEPTEMBER 16, 1997
Submission No. A 133/97 - Daniel & Natalia Lopes, 72 Meadow Park Place,
Mannheim, Ontario.
Re: Lot 19 and Part Lot 18, Registered Plan 778, 238 Belmont Avenue West, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. D. Lopes
72 Meadow Park Place
Mannheim, ON
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The applicants request permission to construct an attached carport with a sideyard of 0.31 m (1 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 subject lands are located at 238 Belmont Avenue West and are designated Low Rise Residential
in the City's Municipal Plan and zoned Residential Four (R-4) Zone with special regulation provision 1R,
according to Zoning By-law 85-1. The applicant is requesting a reduction in the minimum easterly side
yard set back for an attached carport from 1.2 metres to 0.3 metres.
The applicant has advised that the structure will be constructed of maintenance free materials. The 0.3
meter set back to the carport will allow the eaves to remain within the subject lands without
encroaching on the adjacent property. The proposed carport is proposed to be located on the east
side of the dwelling where the existing driveway is located. The driveway for the property east of
the proposed driveway extends to the property line. The driveways are side by side without any
landscape or fence separating them. The owners of the property subject to this application also
own the property to the east of the proposed car port. There is a provision in the Zoning By-law
which will allow accessory structures to be set back zero to 0.2 metres from a side yard if a 9.
Submission No. A 133/97 - Daniel & Natalia Lopes - cont'd
1.5 meter easement is granted by the abutting owner. In this case the owner of 238 Belmont Avenue
West also owns the abutting property and cannot legally grant an easement to himself leaving a variance
as the only other option.
The general intent and purpose of the Zoning By-law is being maintained since there is sufficient
separation between buildings on the subject lands and the abutting property and since the carport
proposed with be constructed with maintenance free materials. The impact of the carport on the adjacent
lands will be minimal and thus is minor, since it abuts an existing paved area for parking and is located
4.2 metres away from the existing adjacent dwelling. The development of the carport in this location is
desirable for the appropriate use of the subject lands, as the proposed location of the carport would have
less of an impact on the adjacent property's amenity area respecting issues such as sun shadows, car
idling, noise etc. than it would if the carport was constructed toward the rear yard of the dwelling to
maintain the required side yard.
For all of the above reasons, the Department of Planning and Development supports the approval of a
minor variance to reduce the side yard set back from 1.2 metres to 0.3 metres. The Department of
Planning and Development recommends approval of Minor Variance Application A 133/97, requesting a
reduction in the minimum side yard set back requirement from 1.2 metres to 0.3 metres, as shown on the
sketch attached with the application.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required to construct the carport. He also advised that the structure for the carport shall be clad with
non-combustible material and the owner shall ensure that the roof drainage is not directed onto the
adjacent property.
The Committee noted the comments of the Kitchener-Wilmot Hydro Commission in which they advised
COMMITTEE OF ADJUSTMENT 305 SEPTEMBER 16, 1997
that a site visitation has shown that going through the existing carport is the Commission's only access to
read the meter. The Commission's policy requires existing outside electrical meters to remain outside
and readily accessible to staff. In order to maintain this policy, the existing carport must not be modified
to enclose their meter. If a garage is created in the future, then the meter must be relocated to an outside
wall.
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Daniel & Natalia Lopes requesting permission to construct an attached carport
with an easterly sideyard of 0.31 m (1 ft.) rather than the required 1.2 m (4 ft.) on Lot 19 and Part Lot 18,
Registered Plan 778, 238 Belmont Avenue West, Kitchener, Ontario BE APPROVED subject to the
following conditions:
1. That the owner shall obtain approval of a building permit prior to constructing the carport.
2. That the carport structure shall be clad with non-combustible material.
3. That all roof drainage from the carport shall be directed onto the applicants' own property.
That the variance as approved in this application shall apply to the carport only as shown on the
plan submitted with this application.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
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 in receipt of a letter from Ms. L. Allan advising that these applications have been
withdrawn.
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.
The Committee was in receipt of a letter from the applicant requesting permission to defer consideration
of this application to the meeting to be held on October 7, 1997 and the Committee agreed to this
request.
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.
APPEARANCES:
IN SUPPORT: Mr. P. Puopolo
COMMITTEE OF ADJUSTMENT 306 SEPTEMBER 16, 1997
379 Queen Street South
Kitchener, Ontario
CONTRA:
Ms. S. Campbell
94 Windrush Trail
Kitchener, Ontario
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA:
Heritage Kitchener
City of Kitchener
The applicant is requesting permission to sever a parcel of land having a width on Doon Village Road of
18.5 m (60.7 ft.) by a depth on the easterly side of 166.2 m (545.28 ft.) and on the westerly side of 195 m
(639.77 ft.) and having an area of 6834 m2 (73,562.97 sq. ft.), subject to and together with a right-of-way
for a mutual driveway.
The Committee noted the comments of the Department of Planning & Development in which they advised
that the subject property is a 1.3 hectare (3.25 acre) through lot with 129.5 m (425 ft) frontage on Homer
Watson Boulevard and 35 m (115 ft.) frontage on Doon Village Road. The owner proposes to sever the
lot to create one new building lot to the west of the existing single detached dwelling.
The southerly portion of the property, adjacent to Doon Village Road, is in the flood plain of Schneider
Creek, as is the northeast corner of the lot, to the rear of the existing dwelling. These areas are
designated as Open Space in the official plan and zoned Existing Use (E-l) in the zoning by-law. The
official plan permits the severance of lands located partially within a floodway provided that the proposed
development can be sited outside the floodway.
The remainder of the property, including the area in which the new single dwelling is proposed, is
designated Low Rise Residential and zoned R-2. The R-2 zoning includes a special provision
establishing a minimum lot width of 30.48 m (100 ft) and a minimum lot area of 2023 square metres (0.5
acres).
3. Submission No. B 60/97 - Helmut Hober - cont'd
Both lots are proposed to have access to Doon Village Road. However, for 'through lots' the zoning by-
law allows the frontage to be defined as the lot line abutting either Doon Village Road or Homer Watson
Boulevard. By defining Homer Watson Boulevard as the frontage, the minimum lot width complies with
the by-law.
The property is governed by Special Policy 10 of the official plan, as it is within the Upper Doon Heritage
Conservation District. The objectives of the special policy area are as follows:
to secure the long term conservation of the existing rural and historic character of the Upper Doon
planning area;
to allow the creation of new lots by consent where such lots have existing frontage on a public
road; such lots may be serviced by individual septic systems and shall be serviced by municipal
water supply;
3. that all new lots be planned at a density not exceeding 4.94 units per hectare.
At the August 19 meeting of the Committee of Adjustment the application was deferred in order to allow
for consideration by Heritage Kitchener. Following a review of the application by Heritage Kitchener
member Jean Haalboom, the application was considered at the September 5 meeting of Heritage
Kitchener. The primary concerns were that the proposal is contrary to the policies contained in the
Heritage District Plan -- specifically minimum lot width on Doon Village Road -- and that severance of
additional lots may be proposed with frontage on Homer Watson Boulevard and lot width provided in
compliance with the zoning by-law. The following resolution was passed:
COMMITTEE OF ADJUSTMENT 307 SEPTEMBER 16, 1997
That the Committee of Adjustment be advised that Heritage Kitchener (L.A.C.A.C.) is opposed to
the severance proposed in Submission No. B 60/97 - 1310 Doon Village Road, as it is contrary to
the policies contained in the Upper Doon Heritage Conservation District Plan; and further
That should the Committee of Adjustment grant this application, it be conditional upon the City of
Kitchener being granted a 1' reserve along the Homer Watson Boulevard property line or the
owner agreeing not to apply for further severances on this property.
In the opinion of Planning and Development staff, the proposal satisfies the objectives of Special Policy
10. The historic character of the area is established by historic buildings situated very close to the road;
this type of development is concentrated to the west of the subject lands. In the area of the subject lands
there is more of a rural character based on large open areas and dwellings, including relatively new
dwellings, located well back from the road. The proposal is compatible with this rural character and does
not detract from it. The new lot will be serviced by municipal water supply. If a sanitary sewer connection
cannot feasibly be extended to the proposed dwelling, an individual septic system must be provided.
The density is 1.54 units per hectare.
The zoning by-law requires increased lot width and lot area in accordance with the standards established
in the Heritage Conservation District Plan. The retained lot and the lot to be severed are both well in
excess of the minimum area.
The intent of the 100 ft. lot width requirement in the Heritage District Plan has nothing to do with lot width
at Homer Watson Boulevard, but is intended to require infilling severances to provide compatible lot
widths on Doon Village Road. The existing and proposed dwellings are to be well back from the road,
where the width of each lot would exceed the 100 ft. requirement. In order to minimize the impact on the
streetscape, and to maintain the intent of the Heritage District Plan, it is required that the retained and
severed lots share a mutual driveway. Front yard fencing, which could emphasize the narrow lots, is to
be prohibited.
3. Submission No. B 60/97 - Helmut Hober - cont'd
The existing dwelling on the retained lot currently has access from Doon Village Road by means of a
right-of-way over the lot to the east. One new driveway is proposed, which would provide access to both
the severed and retained lots. The application includes a request for consent to establish mutual rights-
of-way for shared driveway access. The mutual driveway would be 63.7 m long and 6m wide. As an
accessory use to a use permitted on the lot, the driveway is permitted in the E-1 zone.
With regard to the potential for additional lots to be created, such a proposal is not being made now and
its merits cannot be assessed. The zoning by-law would still allow for Homer Watson Boulevard to be
defined as the lot frontage even if a reserve block were to be dedicated. If there is potential to sever
additional lots with frontage on Homer Watson Boulevard, that potential already exists and is not
enhanced by the current severance proposal.
Both the lot to be retained and the lot to be severed comply with all zoning regulations, provided the
existing dwelling has a minimum side yard of 1.2 m on the west side.
An alternative development proposal was previously discussed, although no formal application was
made. That alternative proposed 5 to 8 lots on a cul-de-sac extending north from Doon Village Road.
Each lot provided a minimum lot width of 30.48 m (100 ft) and a minimum lot area of 2023 square metres
(0.5 acres). The current proposal would appear to have a much less significant impact on the Heritage
District.
The Department of Planning and Development recommends approval of Application B 60/97, subject to
the following conditions:
That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to
5% of the value of the lands to be severed.
That the owner make financial arrangements to the satisfaction of the City's General Manager of
Public Works, for the installation of all new service connections to the severed lands and retained
lands, including any required extension of and connections to a municipal water supply.
COMMITTEE OF ADJUSTMENT 308 SEPTEMBER 16, 1997
In the event that sanitary sewer service is not to be extended to the subject lands, that approval be
obtained from the Waterloo Regional Health Unit for a private sewage system for the lands to be
severed.
That the owner make financial arrangements to the satisfaction of the City's General Manager of
Public Works for the installation, to City standards, of boulevard landscaping including street trees,
and a paved driveway ramp, on the severed lands and retained lands.
That an agreement, to the satisfaction of the City Solicitor, be entered into and registered against
title of both the severed and retained lands, to provide for the following:
a joint maintenance agreement to ensure that rights-of-way for access to both properties are
maintained in perpetuity;
the owners' agreement that not more than one driveway shall be permitted to provide access
for both the severed and retained lots;
the owners' agreement that no new fencing shall be permitted within 35 m of Doon Village
Road, or within the floodplain of Schneider Creek.
That a draft reference plan, confirming a minimum westerly side yard of 1.2 m for the existing
dwelling on the retained lands, be approved by the General Manager of Planning and Development.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
3. Submission No. B 60/97 - Helmut Hober - cont'd
The Committee noted the comments of Heritage Kitchener in which they advised that they are opposed
to this application, as it is contrary to the policies contained in the Upper Doon Heritage Conservation
District Plan and that, should the Committee of Adjustment grant this application, it be conditional upon
the City of Kitchener being granted a 1 ft. reserve along the Homer Watson Blvd. property line or the
owner agreeing not to apply for further severances on this property.
The Committee noted the comments of the Grand River Conservation Authority in which they advised
that the front portions of both the proposed severed and retained lands are below the elevation of the
Regulatory Floodline of Schneider Creek. They commented that any approval be subject to the
provision of safe emergency access to the site as well as the issuance of a Fill, Construction &
Alteration to Waterways Permit for the construction of the mutual drive.
The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in
which they recommend that the application be deferred until the additional information they requested
in their previous comments has been provided.
The Chairman clarified certain aspects of this proposed development, questioning whether a building
permit has been issued. Mr. Poupolo advised that a building permit has not been issued. The
Chairman then referred to the report from the Grand River Conservation Authority's concerning safe
access and whether the access is to this site specifically. Mr. Puopolo responded that the Grand River
Conservation Authority's report is talking about safe access to this specific site. The Chairman then
questioned whether there is a house on this site now and Mr. Puopolo advised that there is. With
respect to access, Mr. Puopolo also advised that safe access could be provided from Homer Watson
Blvd. or the pumping station, in addition to Doon Village Road.
The Chairman then noted the location of the floodline on the Plan and Mr. Puopolo advised that the
floodplain is to the south of that line.
The Chairman questioned staff with respect to the closure of Doon Village Road and Ms. J. Given
advised that the by-law would prevent through traffic on Doon Village Road but would allow for local
traffic.
COMMITTEE OF ADJUSTMENT 309 SEPTEMBER 16, 1997
The Chairman then referred to the memorandum from Heritage Kitchener and questioned staffs view
of the suggested 1 ft. reserve. Ms. J. Given responded that the 1 ft. reserve is used to prevent access
but it would not take away the property's frontage on Homer Watson Blvd.; further, any subsequent
severances would have to be decided on their own merit. Mr. Puopolo stated that there would be no
access permits available from the Region onto Homer Watson Blvd., so the 1 ft. reserve serves no
purpose.
Mr. Puopolo advised that he represents the applicant who is in support of the staff recommendation
and conditions. He advised that the application is compatible with this residential area and the
streetscape will be maintained. The houses in this area are 50 to 70 m back from Doon Village Road,
as this one will be. Also, Mr. Puopolo advised that the applicant agrees not to install a fence within 15
m of the front Iotline and the mutual driveway will maintain the streetscape. Mr. Puopolo stated that
future severances are not likely, as a large portion of this lot is in the floodplain and no access to
Homer Watson Blvd. is permitted. It was Mr. Puopolo's opinion that the severance will enhance Upper
Doon. A discussion then took place over the requested conditions of the public agencies.
Ms. S. Campbell then addressed the Committee advising that she represents Heritage Kitchener, who
objects to this severance. Ms. Campbell pointed out that the Ontario Municipal Board, in 1998,
approved a by-law of City Council to establish a Heritage Conservation District in Upper Doon. She
stated that there are two relevant sections to secure the long term conservation of the heritage of this
village and that the policies in the plan are intended to guide the future development in and around the
district. Ms. Campbell then read from Sections 4 & 5 of the plan outlining the aesthetic objectives
noting the emphasis on property size. With respect to Section 5, Ms. Campbell noted several
subsections noting the intent to preserve the village
3. Submission No. B 60/97 - Helmut Hober - cont'd
character of the area with comparatively large lots of varied size; pointing out the policy that new lots
have 100 ft. lot width. Ms. Campbell noted that this lot has a width of 105 ft. now and that with the
severance the lots will be approximately half the size required by the plan. It was her opinion these
lots are out of character with the plan. A brief discussion took place over the policies contained in the
Heritage District Plan and Ms. Campbell pointed out that the Heritage District is established by City by-
law and that the City has said there is value to these policies.
Mr. S. Kay referred to the Sections of the plan and questioned the mutual driveway proposed. He
questioned whether the applicant has taken into consideration the policies of the plan and the
aesthetic design of the severance. Ms. Campbell stated that Heritage Kitchener finds some comfort in
the mutual driveway as it does take into consideration the aesthetic nature of the street.
Mr. D. McKnight questioned what the objection is to the application other than the 100 ft. frontage and
Ms. Campbell responded that the 100 ft. frontage is the concern. The Chairman then stated that the
100 ft. frontage is applied where the lot is the same width from front to back. However, lot width is
usually measured at the building line. He stated that it is a practice and a provision of the by-law that
the width of the lot be measured at the building line and when applying for a building permit, generally
the width of the lot is taken at the building line.
Ms. J. Given stated that because this is a through lot, the frontage on Homer Watson Blvd. meets the
100 ft. frontage.
The Chairman thanked Ms. Campbell for her presentation advising that it was helpful for the
Committee. He stated that he thought that the application had been prepared from a heritage point of
view.
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Helmut Hober requesting permission to convey a parcel of land having a width
on Doon Village Road of 18.5 m (60.7 ft.) by a depth on the easterly side of 166.2 m (545.28 ft.) and on
the westerly side of 195 m (639.77 ft.) and having an area of 6,834 m2 (73,562.97 sq. ft.), subject to
and together with a right-of-way for a mutual drive on Part of Biehn's Unnumbered Tract, 1310 Doon
Village Road, Kitchener, Ontario BE GRANTED subject to the following conditions:
1. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to
COMMITTEE OF ADJUSTMENT 310 SEPTEMBER 16, 1997
5% of the value of the lands to be severed.
That the owner shall make financial arrangements, to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed lands
and retained lands, including any required extension of and connections to a municipal water
supply.
That, should the sanitary sewer not be extended to the subject lands, the owner shall obtain
approval from the Waterloo Regional Health Unit for a private sewage system for the lands to be
severed.
That the owner shall make financial arrangements, to the satisfaction of the City's General
Manager of Public Works, for the installation, to City standards, of boulevard landscaping
including street trees and a paved driveway ramp, on the severed lands and the retained lands.
That an agreement, to the satisfaction of the City Solicitor, be entered into and registered against
title of both the severed and retained lands to provide for the following:
3. Submission No. B 60/97 - Helmut Hober - cont'd
1)
A joint maintenance agreement to ensure that rights-of-way for access to both properties
are maintained in perpetuity;
2)
That the owners agree that not more than one driveway shall be permitted to provide
access to both the severed and retained lots.
3)
That the owners agree that no new fencing shall be permitted within 35 m of Doon Village
Road, or within the Flood Plain of Schneider Creek.
That a draft reference plan, confirming a minimum westerly sideyard of 1.2 m for the existing
dwelling on the retained lands, shall be approved by the General Manager of Planning &
Development.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner
chainlink fence
Homer Watson
the issuance of
shall enter into an agreement with the Region of Waterloo to erect a 1.82 m high
0.15 m from the rear property line on the Regional Road allowance adjacent to
Boulevard with the fence to be installed to Regional standards within one year of
a building permit for the proposed lot.
That the owner shall prepare a detailed grading and drainage control plan for the approval of the
Regional Commissioner of Engineering and shall agree to develop the site in accordance with
the approved grading and drainage control plan.
10.
That the owner shall agree to implement any noise attenuation measures recommended by the
preliminary noise assessment; such measures may include site design and building layout, noise
warning clauses, noise attenuation barriers, air conditioning and/or structural design measures.
11.
That the owner shall provide safe emergency access to the site and shall obtain a Fill,
Construction and Alteration to Waterways Permit for the construction of the mutual driveway from
the Grand River Conservation Authority.
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 September 16, 1999.
COMMITTEE OF ADJUSTMENT 311 SEPTEMBER 16, 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.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
The Chairman stated that he felt that the applicant had a right to this severance according to the official
plan and the zoning by-law.
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.
APPEARANCES:
IN SUPPORT:
Mr. W. O'Neill
4 Blackhorne Drive
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that applicant is requesting permission to sever a parcel of land having a
width of 9.04 m (29.64 ft.) by a depth of 40 m (131.26 ft.) and having an area of 363.47 m2 (3,912.48
sq. ft.).
The Committee noted the comments of the Department of Planning & Development in which they
advised the applicant is requesting permission to sever a parcel of land having a width of 9.04 metres
(29.64 ft), and a depth of 40 metres (131.26 ft), and having an area of 360.47 metres (3912.48 square
feet). The property is intended to be severed after a second unit creating a semi-detached dwelling, is
constructed.
The existing single detached dwelling at 19 Second Avenue is a one storey vacant single family
dwelling. The applicant has received a building permit as of August 1, 1997 to erect a second dwelling
unit on the south side in order to create a semi-detached dwelling. The basement foundation has
recently been poured for the second dwelling unit. The property conforms to all zoning By-law
regulations and the severance is appropriate for the future development of the property.
The Department of Planning and Development recommends approval of application B 62/97 subject to
the following conditions:
That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to
5 percent of the value of the lands to be severed.
2. That the owner make satisfactory financial arrangements with the City's Department of Public
COMMITTEE OF ADJUSTMENT 312 SEPTEMBER 16, 1997
Works for the installation of all new service connections to the severed lands.
That the owner make financial arrangements to the satisfaction of the City's General Manager of
Public Works for the installation, to City's standards of boulevard landscaping including street
trees, and a paved driveway ramp, on the severed lands.
That the owner shall make satisfactory arrangements with the City's Department of Finance for
the payment of any outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in
which they advised that they have no objection to the approval of this application, as proposed.
The Committee noted the comments of the Traffic & Parking Division in which they advised that, with
regard to the proposed driveway, adequate sight lines must be maintained from the driveway along the
sidewalk and roadways and it may be necessary to trim some of the existing foliage. Also, the
driveway ramp should be surfaced with asphalt.
With regard to the traffic comments, Ms. J. Given responded that the condition no. 3 in the Department
of Planning & Development comments will look after the concerns about the driveway ramp.
4. Submission No. B 62/97 - 1058788 Ontario Inc. - cont'd
Mr. D. McKnight noted that at the rear of these properties, there is a catch basin shown on the plan
and stated that there should be an easement. Mr. W. O'Neil advised that the catch basin has removed
and that he has a letter from the Engineering Department saying that it is not required as the soils are
sandy.
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of 1058788 Ontario Inc. requesting permission to convey a parcel of land having a
width of 9.04 m (29.64 ft.) by a depth of 40 m (131.26 ft.) and having an area of 363.47 m2 (3,912.48
sq. ft.) on Part Lot 25, Registered Plan 254, 19 Second Avenue, Kitchener, Ontario BE GRANTED
subject to the following conditions:
That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to
5% of the value of the lands to be severed.
That, the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to City standards, of boulevard landscaping
including street trees and a paved driveway ramp on the severed lands.
That the owner shall make satisfactory arrangements with the City's Department of Finance 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 September 16, 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 313 SEPTEMBER 16, 1997
Carried
5. Submission No.'s 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.
APPEARANCES:
IN SUPPORT:
Mr. G. Kraemer
45 Greensview Drive
Kitchener, Ontario
CONTRA: NONE
5. Submission No.s B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer - cont'd
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised in Submission No.'s B 63/97 & B 64/97 the applicants are requesting
permission to sever 2 parcels of land as follows:
LOT B:
Width on Greensview Drive - 31.45 m (103.19 ft.)
Depth - 57.46 m (188.52 ft.)
Area - 0.2 ha (.5 acres)
LOT C:
Width on Greensview Drive - 93.785 m (307.7 ft.)
Depth - 57.46 m (188.52 ft.)
Area - 0.36 ha (0.89 acres)
Both new lots are proposed to be developed with single family residences.
In Submission No.'s A 118/97 & A 119/97, the applicants are requesting permission for variances to
the lot frontage requirement for the retained lands and one of the severed parcels, as follows:
LOT A (RETAINED LANDS)
Permission for a frontage on Greensview Drive of 16.974 m (55.69 ft.) rather than the required 40 m
(131.24 ft.).
LOT B (SUBMISSION NO. B 63/97)
Permission for a frontage on Greensview Drive of 31.45 m (103.19 ft.) rather than the required 40 m
(131.24 ft.).
The Committee noted the comments of the Department of Planning & Development in which they
advised that these applications are identical to those under applications A 32 & 33/96 and B-33 &
34/96, which lapsed without fully
satisfying the conditions. The comments contained herein are substantially similar to those of the
COMMITTEE OF ADJUSTMENT 314 SEPTEMBER 16, 1997
Department relative to the previous applications, however, certain circumstances have changed.
The applicant is requesting permission to sever two new lots fronting Greensview Drive and for a
partial discharge of mortgage. The proposal represents and infill development in a built up area of
Pioneer Tower, abutting the Grand River and backing onto Highway 401. A single detached dwelling
exists on the retained lands. Lot width variances are requested for the lot to be retained and for one of
the lots to be severed (Lot "B").
The lands were recently rezoned through the Pioneer Tower West comprehensive zoning exercise,
incorporating an increased minimum lot width of 30 metres (100 feet) into the R-2 zone. Lot "B" as
shown on the severance sketch is proposed to be 31.45 metres (103 feet) wide, which would comply.
The lands to be retained comply with all zoning regulations except minimum lot width. The application
requests a width of 16.74 metres (55.6 feet) which corresponds to the frontage of the lot. The lot width
measured at the building line is approximately 25.74 metres (84.5 feet). The application should be
amended accordingly.
While it is possible to comply with the by-law, the building envelopes for the proposed lots would be
pushed closer to Highway 401; therefore, the variances are desirable for the appropriate development
and use of the land as they allow for an incuressed setback from the highway. The impact of the
variances is minor, as the proposed lot widths are consistent with the existing lots on Greensview
Drive, including 44 Greensview for which
5. Submission No.s B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer - cont'd
application A 30~93 was approved, to permit a lot width of 24.39 metres (80 feet). The proposal
maintains the general intent and purpose of the by-law and official plan by providing a reasonable lot
configuration for the severed and retained lots.
The condition imposed on the earlier applications which was not satisfied within the one year time
frame was the submission and approval of a noise study to the Regional Commission of Planning and
Culture to address noise generated from Highway 401. A revised noise study has now been approved
by the Region, however, the Regional staff are advising that the City of Kitchener, as the approval
authority for consents, will need to implement the noise attenuation measures through a registered
agreement between the City and the owner.
The Department of Planning and Development is opposed to this condition at this time, as such
agreements have been entered into and administered by the Region to date and the implications of the
City being party to such an agreement have not been discussed. Such concerns as staffing, levels of
expertise, and legal implications would have to be discussed between Regional and City staff before
the City would be in a position to consider being party to such agreement.
Staff's recommended conditions remain the same as those imposed on the earlier applications.
The Department of Planning and Development recommends approval of Submission A 118 & 119/97
for minim lot width of 25.74 metres on the lot to be retained (Lot "A") and 31.45 metres on the lot to be
severed (Lot "B").
The Department of Planning and Development recommends approval of applications B 63 & 64/97
subject to the following conditions:
1. That Minor Variance applications A 118 & 119/97 receive final approval.
That the owner pay to the City of Kitchener, a cash-in-lieu of parkland contribution equal to 5%
of the lands to be severed, or enter into an agrement with the City of Kitchener, to the
satisfaction of the City Solicitor, to be registered on title, for the payment of the 5% parkland
dedication.
That the owner make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees,
and a paved driveway ramp, on each of the severed lots.
That the owner obtain approval from the Regional Health Unit for all private water and sewage
systems.
COMMITTEE OF ADJUSTMENT 315 SEPTEMBER 16, 1997
That satisfactory arrangement be made with the City of Kitchener, for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Regional Municipality of Waterloo in which they advised
that, as an update to their comments dated August 18, 1997, please be advised that the Region will
assume responsibility for implementing the noise attenuation requirements outlined in their previous
correspondence. As such, Regional staff have no objection to the proposed Application for Consent,
provided that applicant enters into an agreement with the Region to implement the results of the noise
study prepared by Planning & Engineering Initiatives Ltd., as approved on August 14, 1997, by the
Regional Commissioner of Planning & Culture.
The Committee noted the comments of the Ministry of Transportation is which they advised that the
application have been considered and reviewed in accordance with the requirements of Provincial
Highway Access Control Policy and the applications do not affect the highway system. He advised that
Ministry of Transportation building and land use permits are required and that these permits are
available.
5. Submission No.'s B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer -
cont'd
The Committee noted the comments of the Grand River Conservation Authority in which they advised
that they have no objections to the creation of two residential lots.
Submission No. B 63/97
Moved by Mr. W. Dahms
Seconded by Mr. D. McKnight
That the application of George & Penelope Kraemer requesting permission to convey a parcel of land
and for a partial discharge of mortgage on a parcel of land having a frontage of 31.45 m (103.19 ft.) by
a depth of 57.46 m (188.52 ft.) and having an area of 0.2 hectares (0.5 acres) on Part Lot 6 & 7,
Beasley's Broken Front Concession, Designated as Parts 1 & 3, Plan 876, 45 Greensview Drive,
Kitchener, Ontario BE GRANTED subject to the following conditions:
That the owner shall enter into an agreement with the Regional Municipality of Waterloo to
implement the results of the noise study prepared by Planning & Engineering Initiatives Limited,
as approved on August 14, 1997 by the Regional Commissioner of Planning & Culture.
2. That the owner shall receive final approval of Submission No. A 118/97.
That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to
5% of the value of the lands to be severed, or enter into an agreement with the City of
Kitchener, to the satisfaction of the City Solicitor, to be registered on title for the payment of the
5% parkland dedication.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lots.
That the owner shall obtain approval from the Regional Health Unit for all private water and
sewage system.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment
of any outstanding municipal property taxes and/or local improvement charges.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 1999.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT 316 SEPTEMBER 16, 1997
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.'s B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer -
cont'd
Submission No. B 64/97
Moved by Mr. W. Dahms
Seconded by Mr. D. McKnight
That the application of George & Penelope Kraemer requesting permission to convey a parcel of land
and for a partial discharge of mortgage on a parcel of land having a frontage of 93.785 m (307.7 ft.) by
a depth of 57.46 m (188.53 ft.) and having an area of 0.36 hectares (0.89 acres) on Part Lot 6 & 7,
Beasley's Broken Front Concession designated as Parts 1 & 3, Plan 876, 45 Greensview Drive,
Kitchener, Ontario BE GRANTED subject to the following conditions:
That the owner shall enter into an agreement with the Regional Municipality of Waterloo to
implement the results of the noise study prepared by Planning & Engineering Initiatives Limited,
as approved on August 14, 1997 by the Regional Commissioner of Planning & Culture.
2. That the owner shall receive final approval of Submission No. A 118/97.
That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to
5% of the value of the lands to be severed, or enter into an agreement with the City of
Kitchener, to the satisfaction of the City Solicitor, to be registered on title for the payment of the
5% parkland dedication.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lots.
That the owner shall obtain approval from the Regional Health Unit for all private water and
sewage system.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment
of any outstanding municipal property taxes and/or local improvement charges.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 1999.
It is the opinion of this Committee that:
A plan of Subdivision is not necessary for the proper and orderly development of the
municipality.
COMMITTEE OF ADJUSTMENT 317 SEPTEMBER 16, 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
5. Submission No.'s B 63/97, B 64/97, A 118/97 & A 119/97 - George & Penelope Kraemer -
cont'd
Submission No. A 118/97
Moved by Mr. W. Dahms
Seconded by Mr. D. McKnight
That the application of George & Penelope Kraemer requesting permission for the retained lands to
have a width, at the building line, of 25.74 m (84.5 ft.) rather than the required 30 m (100 ft.) on Part Lot
6 & 7, Beasley's Broken Front Concession designated as Parts 1 & 3, Plan 876, 45 Greensview Drive,
Kitchener, Ontario BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are
being maintained on the subject property.
Carried
Submission No. A 119/97
Not Required.
Submission No.'s B 82/97 & A 121/97 - Honsberger Lumber Inc., 57 Bridge
Street East, Kitchener, Ontario
Parts 1,2 & 3, Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario.
The Committee was in receipt of a request from the applicant to defer consideration of these
applications to the meeting to held on October 7, 1997 and the Committee agreed to this request.
APPLICATIONS
1. Submission No. B 85/97 - Waypam Inc. - Laurentian Bank of Canada, In Trust, Mortgagees In
Possession, 15 Westwood Crescent, Cambridge, Ontario.
Re: Part Lot A, Registered Plan 363, 38 Bingeman Street, Kitchener, Ontario.
APPEARANCES:
COMMITTEE OF ADJUSTMENT 318 SEPTEMBER 16, 1997
IN SUPPORT:
Mr. S. Fries
139 Northfield Drive West
Waterloo, Ontario
CONTRA: NONE
WRITTENSUBMISSIONS:
INSUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicants are requesting permission to sever the property at 38
Bingeman Street from the properties at the rear. The lands to be severed will have a width of 15.289 m
(50.16 ft.) by a depth of 42.003 m (137.81 ft.) and an area of approximately 642.18 m2 (6,912.6 sq. ft.).
The use of the property is residential.
1. Submission No. B 85~97 - Waypam Inc. - Laurentian Bank of Canada, In Trust, Mort,qa,qees In
Possession - cont'd
The Committee noted the comments of the Department of Planning & Development in which they
advised the subject lands are part of a large land assembly. A vacant single detached dwelling is
located on the lands to be severed; the retained lands consist of a series of partially occupied
commercial and residential buildings fronting Frederick Street and Lancaster Street and one property
fronting Bingeman Street.
The dwelling on the lands to be severed has serious outstanding Property Standards and Building
Code violations. It is hoped that approval of the severance will be a positive step toward seeing the
problems rectified by disassociating the lot from the larger land assembly.
The lands comply in all respects with the zoning by-law. The severance is desirable as it would allow
its purchase and future upgrading as a freestanding residential lot, not held for speculation purposes
and facilitate the efforts of neighbourhood stabilization.
That Consent Application B-85/97 be approved subject to the following condition:
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of
Waterloo, in which they advised that, to accommodate future road improvements and utility
installations at the intersection of Frederick Street and Lancaster Street, the Region will require a road
widening along the Frederick Street frontage of the retained parcel as a condition of approval. This
widening is described as Parts 24 and 25 on Reference Plan 58R-401. In keeping with the existing
Regional policies and procedures, they noted that the Region is only entitled to obtain 17 ft. of the
required road widening through dedication. The Region will negotiate the purchase of the remainder of
the widening in excess of 17 ft. In addition, due to the proximity of Frederick Street, Regional staff
have determined that any future residential redevelopment on the retained lands may be adversely
affected by traffic noise. To address this concern, they requested that the applicant submit a noise
study for the Region's review and approval at such time as a site plan application has been submitted
for the redevelopment of the retained parcel. This requirement must be secured through a registered
agreement between the Region and the applicant prior to granting final approval of this application.
The Committee questioned whether the lands to be severed front on Bingeman Street and the retained
lands have frontage on Frederick Street and Mr. Fries advised that this was the case. Mr. S. Kay put
forward a motion to approve the application subject only to the conditions of City staff.
The Chairman noted that the Regional comments and conditions affect the retained lands and Mr. S.
Kay stated that he had considered the Regional conditions and his motion did not include any of the
conditions contained in the Region's comments.
Mr. W. Dahms questioned whether, if a redevelopment of the site took place, a site plan would be
COMMITTEE OF ADJUSTMENT 319 SEPTEMBER 16, 1997
required and Ms. J. Given responded that it would; however, a noise study would not be included in a
Section 40 Site Plan approval.
Moved by Mr. S. Kay
Seconded by Mr. D. McKnight
That the application of Waypam Inc., Laurentian Bank of Canada, In Trust, Mortgagees In Possession
requesting permission to convey a parcel of land having a frontage of 15.289 m (50.16 ft.) by a depth
of 42.003 m (137.81 ft.) and an area of approximately 642.18 m2 (6,912.6 sq. ft.) on Part Lot A,
Registered Plan 363, 38 Bingeman Street, Kitchener, Ontario BE GRANTED subject to the following
condition:
Submission No. B 85~97 - Waypam Inc. - Laurentian Bank of Canada, In Trust, Mort,qa,qees In
Possession - cont'd
That the owner shall make satisfactory arrangements with 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 September 16, 1999.
It is the opinion of this Committee that:
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 86/97 - T.A. Witzel Limited, 932 Victoria Street North,
Kitchener, Ontario.
Part of Lot 1, Registered Plan 971, Part 1, 1014 Victoria Street North, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. M. Foley
T. D.L. Group Ltd.
874 Sinclair Road
Oakville, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicant is requesting permission to give a right-of-way to the
abutting property at 1000 Victoria Street North, Tim Horton Donuts.
The Committee noted the comments of the Department of Planning & Development in which they
advised that the applicant is requesting permission to grant a right-of-way in favour of the abutting
property at 1000 Victoria Street North, Tim Horton Donuts. The purpose of the right-of-way, shown as
Part 1 on the submitted plan, is to facilitate a drive-through lane for the existing restaurant.
COMMITTEE OF ADJUSTMENT 320 SEPTEMBER 16, 1997
The proposed right-of-way will be occupying 3.7 metres of asphalted lands not demarcated for parking.
It would not adversely affect the required parking or on-site circulation; there is still ample parking
remaining for the existing warehouse. Additionally, a site plan has been submitted by the TDL Group
for the drive through and is currently under review. Through this review, staff have determined that the
request for the right-of-way is appropriate for the proposed development as the site could not function
properly as a drive-through restaurant without it.
Both the lands to be severed and the lands to be retained comply with all other regulations of the
zoning by-law as they are currently being used.
2. Submission No. B 86/97 - T.A. Witzel Limited - cont'd
In regard to the above, the Department of Planning and Development recommends approval of
Submission B 86/97 subject to the following conditions:
That a joint maintenance agreement, to be approved by the City Solicitor, be registered against
title of both the subject lands and the lands which will benefit from the right-of-way, to ensure
that rights-of-way for access to both properties are maintained in perpetuity.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of
Waterloo, in which they advised that Regional staff have no objection to the application as proposed.
They noted that the existing Tim Horton site currently operates with a single mutual access with the
adjacent property to the left and the Regional staff will not support any further access to Victoria Street,
either one way or full movement, from this site onto Victoria Street.
The Committee noted the comments of the Traffic & Parking Division in which they advised that, in
their view, this application is premature, pending approval of Site Plan Application 97/43/D/RM
currently in circulation.
When questioned by the Committee, Ms. J. Given advised that the Traffic & Parking Division have
revised their comments and they are happy with this application. Mr. S. Kay questioned whether site
plan approval has been given and Ms. Given responded that although final approval has not been
given the site plan has had a full review.
Moved by Mr. D. McKnight
Seconded by Mr. W. Dahms
That the application of T.A. Witzel Limited requesting permission to give a right-of-way to the abutting
property at 1000 Victoria Street North on Part Lot 1, Municipal Compiled Plan, 971 (Part 1, Draft
Reference Plan), 1014 Victoria Street North, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owners of 1000 & 1014 Victoria Street North shall enter into a joint maintenance
agreement, to be approved by the City Solicitor, and registered on title of both the severed and
retained lands, to ensure that rights-of-way for access to both properties are maintained in
perpetuity.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment
of any outstanding municipal property taxes and/or local improvement charges.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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
COMMITTEE OF ADJUSTMENT 321 SEPTEMBER 16, 1997
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.'s B 87/97 - B 108/97 - Broward Landev Corp., 61 Roy
Street, Kitchener, Ontario.
Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot 1, Plan 264, Lot 57 & Part Lots 53-55,
Subdivision of Lot 2, German Company Tract, Troy Street, Cameron Street and Weber Street
East, Kitchener, Ontario.
APPEARANCES:
IN SUPPORT:
Mr. H. Rotberg
61 Roy Street
Kitchener, Ontario
CONTRA: NONE
WRITTEN SUBMISSIONS:
IN SUPPORT: NONE
CONTRA: NONE
The Committee was advised that the applicant is requesting permission to sever this land for 23
freehold townhouse units. The individual lots will have the following dimensions:
Lot 1 - Submission No. B 87/97
Width on Troy Street- 6.39 m (20.97 ft.)
Depth - 27.432 m (90 ft.)
Area - 175.3 m2 (1,886.98 sq. ft.)
Lot 2 - Submission No. B 88/97
Width on Troy Street- 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
Lot 3 - Submission No. B 89/97
Width on Troy Street- 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m~ (1,800.00 sq. ft.)
Lot 4 - Submission No. B 90.97
Width on Troy Street
Depth along Cameron Street
Area
- 12.5 m (41.01 ft.)
- 27.432 m (90 ft.)
- 344.5 m~ (3,708.29 sq. ft.)
Lot 5 - Submission No. B 91/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 ft.)
Area -210.6 m~ (2,266.96 sq. ft.)
In this application an easement, for Lots 2 & 3, is also being requested, at the easterly side of this lot.
COMMITTEE OF ADJUSTMENT 322 SEPTEMBER 16, 1997
Lot 6 - Submission No. B 92/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
Lot 7 - Submission No. B 93/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Lot 8 - Submission No. B 94/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m~ (1,800.00 sq. ft.)
Lot 9 - Submission No. B 95/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 ft.)
Area - 209 m~ (2,249.73 ft.)
Lot 10 - Submission No. B 96/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 ft.)
Area - 209 m~ (2,249.73 ft.)
Lot 11 - Submission No. B 97/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m~ (1,800.00 sq. ft.)
Lot 12 - Submission No. B 98/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
Lot 13 - Submission No. B 99/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m~ (1,800.00 sq. ft.)
Lot 14 - Submission No. B 100/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 ft.)
Area - 209 m~ (2,249.73 ft.)
Lot 15 - Submission No. B 101/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 ft.)
Area - 209 m~ (2,249.73 ft.)
COMMITTEE OF ADJUSTMENT 323 SEPTEMBER 16, 1997
Lot 16 - Submission No. B 102/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
Lot 17 - Submission No. B 103/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m2 (1,800.00 sq. ft.)
Lot 18 - Submission No. B 104/97
Width on Cameron Street - 6.096 m (20 ft.)
Depth - 27.432 m (90 ft.)
Area - 167.2 m~ (1,800.00 sq. ft.)
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Lot 19 - Submission No. B 105/97
Width on Cameron Street - 7.62 m (25 ft.)
Depth - 27.432 m (90 sq. ft.)
Area - 209 m~ (2249.73 sq. ft.)
Lot 20 - Submission No. B 106/97
Width on Weber Street - 7.757 m (25.45 ft.)
Depth - 29.3 m (96.13 ft.)
Area - 222.3 m~ (2,392.9 sq. ft.)
Lot 21 - Submission No. B 107/97
Width on Weber Street - 6.206 m (20.36 ft.)
Depth - 29.3 m (96.13 ft.)
Area - 178.7 m~ (1,923.58)
Lot 22 - Submission No. B 108/97
Width on Weber Street - 6.206 m (20.36 ft.)
Depth - 29.3 m (96.13 ft.)
Area - 178.7 m2 (1,923.58)
Lot 23 - Retained Lands
Width on Weber Street - 8.769 m (28.77 ft.)
Depth - 29.3 m (96.13 ft.)
Area -252.5 m~ (2,717.98 sq. ft.)
The applicant has recently received approval of Applications for Minor Variance for these lots.
The Committee noted the comments of the Department of Planning & Development in which they
advised that application for consent approval has been submitted which proposes the severance of 23
lots to be developed for street townhouse dwellings. Specifically, applications B 87/97 to B 90/97
propose four lots fronting Troy Street, applications B 97/97 to B 105/97 propose fifteen lots fronting
Cameron Street, and applications B 106/97 to B 108/97 propose three lots along with the retained lot
all fronting Weber Street East. A portion of the lands located to the rear of the proposed lots, is to be
COMMITTEE OF ADJUSTMENT 324 SEPTEMBER 16, 1997
conveyed to the City as the required parkland dedication. The proposed lots range in area from 209
square metres (2250 square feet) to 344.5 square metres (3708 square feet) and the lots range in
width from 6.096 metres (20 feet) to 12.5 metres (41 feet).
The applicants previously submitted minor variance applications A 102/97 to A 117/97, which were
approved at the Committee's meeting of August 19, 1997. These applications dealt with minor
variances for many of the proposed lots for side yards, rear yards, lot coverage, driveway widths and
driveway setbacks from an intersection. The proposed lots shown on these consent applications
match the proposed lots shown on the minor variance applications that have been approved.
The applicants have also requested, in Application B 91/97, an easement over Lot 5 for the purpose of
providing rear yard access in accordance with the zoning by-law requirements, in favour of Lots 2, 3
and 4. The By-law requires rear yard access provisions through either an easement, building design
or a public road or park. All lots will have rear yard access through the proposed park area except Lots
2, 3 and 4. As the proposed easement is required by the zoning by-law and meets the minimum width
of 0.9 metres, the Department has no concerns with the easement.
The proposed lots front existing developed and serviced municipal or Regional roads. As such, there
is no need for a Plan of Subdivision application as there are no road and service extensions required
to facilitate this proposal and the consent approval can appropriately address issues related to this
development.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Staff note that Cameron Street is to be reconstructed from Weber Street East to Samuel Street starting
in the week of September 15, 1997, extending to mid-November, 1997, as part of a City Capital
Reconstruction project. The Public Works Department has advised that the applicants have made
arrangement with them to coordinate the installation of service connections into the proposed lots with
the works occurring on Cameron Street.
The lands to the rear of the proposed lots are to be conveyed to the City as parkland. The Department
of Parks and Recreation note that they intend to develop this area as a tot lot area, containing some
play equipment. The Department notes that the last use of these lands was the Smiles and Chuckles
Candy Factory. Although the buildings occupied by the Smiles and Chuckles factory were demolished,
there is remnant building, roofing and foundation materials located below the surface of these lands
which is partially on the lands proposed to be conveyed to the City as a park area. Dillon Consulting
Limited was commissioned to complete a soils investigation of the lands and although there was no
soil contamination noted, the report identified the type of building materials buried onsite, its location,
and how the material should be treated or whether it should be removed.
The Ontario Building Code deals with soil conditions in that the Chief Building Official must be satisfied
prior to the issuance of building permits, that soils for construction are acceptable and all remedial soil
restoration has been completed to his/her satisfaction. Therefore, the Chief Building Official is
required to ensure soils are acceptable for construction of the dwellings for the proposed lots, prior to
the issuance of any building permits. With regard to the lands to be conveyed to the City as parkland,
the City will require the owner to complete all soil remediation on the lands to be conveyed to the City,
in accordance with the recommendation of Dillon Consulting Limited to the satisfaction of the Chief
Building Official and in accordance with Ministry of and Energy and Environment guidelines, prior to
the City accepting the deed for the parkland.
A Site Plan Application is currently being processed for the proposed development of the street
townhouse dwellings; no additional concerns have arisen through that process.
The Department of Planning and Development has no concerns with recommending approval of the
consent application is satisfied that all matters of concern will be addressed by conditions of approval.
Accordingly, the Department recommends approval of consent applications B 87/97 to B 108/97
inclusive.
The Department of Planning and Development recommends approval of consent applications B 87/97
to B 108/97, conditional upon the following:
1. That the owner shall convey to the City at no cost and free of encumbrance, those lands shown
COMMITTEE OF ADJUSTMENT 325 SEPTEMBER 16, 1997
as "Park" on the submitted drawing, being approximately 0.266 hectares in size, to satisfy the
park land dedication requirement. Prior to the conveyance of these lands to the City, the owner
shall complete all soil restoration works on the proposed park land as recommended in the "Cost
Premium for Managing Buried Building Material On-Site", prepared by Dillon Consulting Limited,
dated May 22, 1997, to the satisfaction of the City's Chief Building Official and in accordance with
applicable Ministry of Energy and Environment guidelines.
In the event the owner cannot satisfy the City of Kitchener with respect to Condition 1, the owner
shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of parkland
dedication equal to 5% of the value of the lands to be severed.
That Minor Variance applications A 102/97 to A 117/97 receive final approval.
To make satisfactory financial arrangements with the City's Department of Public Works for the
installation of all new service connections to the severed lands and retained lands.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
To make satisfactory financial arrangements with the City's Department of Public Works for the
installation to City standards of boulevard, landscaping including street trees, and a paved
driveway ramp on each of the severed lands and retained lands.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Director of Building, with respect to Submission No. B 87/97
in which he advised that there shall be no openings in a wall located less than 4 ft. from the property
line and the wall shall have a 45 minute fire resistance rating and be clad with non-combustible
material.
The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of
Waterloo in which they advised that the purpose of these applications is to create 23 street fronting
townhouse lots along Weber Street, Cameron Street and Troy Street. Regional staff have no objection
to the proposed application subject to several conditions.
Ms. J. Given addressed the Committee and requested a minor amendment to the City's conditions
noting that condition no.'s 1 & 2 should be pertinent to submission No.'s B 96 - B 108/97 inclusive and
that the remaining three conditions apply to all submissions.
Mr. Rotberg addressed the Committee with the respect to the Region's conditions stating that the noise
study really should apply to lots 15 - 23 being Submission No.'s B 101/97 - B 108/97.
A discussion then took place over the easement on Lot 5 which should be in favour of lots 2 & 3 only.
Mr. Dahms moved approval of the application subject to Regional & City conditions and added an
additional condition that the easement over lot 5 in favour of lots 2 & 3 be registered on title prior to the
deeds for those lots being endorsed.
Submission No. B 87/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage of 6.29 m (20.97 ft.) on Troy Street by a depth of 27.432 m (90 ft.) and having an area of
175.3 m2 (1,886.98 sq. ft.) on (Part 1 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
COMMITTEE OF ADJUSTMENT 326 SEPTEMBER 16, 1997
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 87/97 - cont'd
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 88/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Troy Street 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and an area of 167.2 m2
(1,800 sq. ft.) on (Part 2 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot 1, Plan
264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street, Cameron
Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
COMMITTEE OF ADJUSTMENT 327 SEPTEMBER 16, 1997
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That an easement over the easterly 0.9 m of Lot 5, as shown on the submitted sketch, to the
benefit of Lots 2 & 3 on the submitted sketch, shall be registered on title.
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 September 16, 1999.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 88/97 - cont'd
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
Submission No. B 89~97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Troy Street 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and an area of 167.2 m2
(1,800 sq. ft.) on (Part 3 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot 1, Plan
264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street, Cameron
Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That an easement over the easterly 0.9 m of Lot 5, as shown on the submitted sketch, to the
benefit of Lots 2 & 3 on the submitted sketch shall be registered on title.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
COMMITTEE OF ADJUSTMENT 328 SEPTEMBER 16, 1997
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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 90/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Troy Street 12.5 m (41.01 ft.) by a depth along Cameron Street of 27.432 m (90 ft.) and
having an area of 344.5 m2 (3,708.29 sq. ft.) on (Part 4 on submitted sketch) Lots 2-11 & Part Lots 12-
15, Plan 233, Part Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company
Tract, Troy Street, Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject
to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 September 16, 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 329 SEPTEMBER 16, 1997
Carried
Submission No. B 91/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
210.6 m2 (2,266.96 sq. ft.) on (Part 5 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 91/97
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That an easement over the easterly 0.9 m of Lot 5, as shown on the submitted sketch, to the
benefit of Lots 2 & 3 on the submitted sketch shall be registered on title.
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 September 16, 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 92/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
COMMITTEE OF ADJUSTMENT 330 SEPTEMBER 16, 1997
167.2 m2 (1,800 sq. ft.) on (Part 6 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot
1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 92/97 - cont'd
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 September 16, 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 93~97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on Part 7 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot
1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
2. That the owner shall make satisfactory financial arrangements with the City's Department of
COMMITTEE OF ADJUSTMENT 331 SEPTEMBER 16, 1997
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 93/97 - cont'd
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 94/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 8 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot
1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
COMMITTEE OF ADJUSTMENT 332 SEPTEMBER 16, 1997
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 September 16, 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.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 94/97 - cont'd
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
Submission No. B 95~97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
209 m2 (2,249.73 sq. ft.) on (Part 9 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 333 SEPTEMBER 16, 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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 96/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
209 m2 (2,249.73 sq. ft.) on (Part 10 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the City's Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
COMMITTEE OF ADJUSTMENT 334 SEPTEMBER 16, 1997
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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 97/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.09 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 11 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the City's Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
COMMITTEE OF ADJUSTMENT 335 SEPTEMBER 16, 1997
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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 98/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.09 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 12 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the City's Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
COMMITTEE OF ADJUSTMENT 336 SEPTEMBER 16, 1997
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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 99/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.09 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 13 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 337 SEPTEMBER 16, 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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 100/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
209 m2 (2,249.73 sq. ft.) on (Part 14 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
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 338 SEPTEMBER 16, 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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 101/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
209 m2 (2,249.73 sq. ft.) on (Part 15 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
COMMITTEE OF ADJUSTMENT 339 SEPTEMBER 16, 1997
building permit.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 101/97 - cont'd
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
Submission No. B 102/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 16 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
COMMITTEE OF ADJUSTMENT 340 SEPTEMBER 16, 1997
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 102/97 - cont'd
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 103/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.09 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 17 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
COMMITTEE OF ADJUSTMENT 341 SEPTEMBER 16, 1997
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 103/97 - cont'd
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 104/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 6.09 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.2 m2 (1,800 sq. ft.) on (Part 18 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
2. In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
COMMITTEE OF ADJUSTMENT 342 SEPTEMBER 16, 1997
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 104/97 - cont'd
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 105/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 (90 ft.) and having an area of 209
m2 (2,249.73 sq. ft.) on (Part 19 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part Lot 1,
Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
1. That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
COMMITTEE OF ADJUSTMENT 343 SEPTEMBER 16, 1997
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 105/97 - cont'd
That the owner shall make satisfactory financial arrangements with the Citys Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the Citys Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
2 years from the date of approval, being September 16, 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 106/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
COMMITTEE OF ADJUSTMENT 344 SEPTEMBER 16, 1997
a frontage on Weber Street of 7.757 m (25.45 ft.) by a depth of 29.3 m (96.13 ft.) and having an area of
222.3 m2 (2,392.9 sq. ft.) on (Part 20 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 106/97 - cont'd
Building Material On-Site" prepared by Dillion Consulting Limited, dated May 22, 1997, to the
satisfaction of the Citys Chief building official and in accordance with applicable Ministry of
Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
That the applicant shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 10 ft. road widening across the entire Weber Street frontage of this property.
10. That the owner shall obtain a Regional Road Entrance Permit for each of the lots to be created
through Submission No.'s B 106/97, B 107/97 and B 108/97 as well as the lands to be retained.
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 September 16, 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 345 SEPTEMBER 16, 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
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 107/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Weber Street of 6.206 m (20.36 ft.) by a depth of 29.3 m (96.13 ft.) and having an area of
178.7 m2 (1,923.58 sq. ft.) on (Part 21 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
That the applicant shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 10 ft. road widening across the entire Weber Street frontage of this property.
COMMITTEE OF ADJUSTMENT 346 SEPTEMBER 16, 1997
10. That the owner shall obtain a Regional Road Entrance Permit for each of the lots to be created
through Submission No.'s B 106/97, B 107/97 and B 108/97 as well as the lands to be retained.
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 September 16, 1999.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 107/97 - cont'd
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
Submission No. B 108/97
Moved by Mr. W. Dahms
Seconded by Mr. S. Kay
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having
a frontage on Weber Street of 6.206 m (20.36 ft.) by a depth of 29.3 m (96.13 ft.) and having an area of
178.7 m2 (1,923.58 sq. ft.) on (Part 22 on submitted sketch) Lots 2-11 & Part Lots 12-15, Plan 233, Part
Lot 1, Plan 264, Lot 57 & Part Lots 53-55, Subdivision of Lot 2, German Company Tract, Troy Street,
Cameron Street and Weber Street East, Kitchener, Ontario BE GRANTED subject to the following
conditions:
That the owner shall convey to the City of Kitchener, at no cost and free of encumbrance, those
lands shown as "Park" on the submitted drawings being approximately 0.266 hectares in size, to
satisfy the parkland dedication requirement. Prior to the conveyance of these lands to the City,
the owner shall complete all thorough restoration works on the proposed parkland as
recommended by the "Cost Premium Managing Buried Building Material On-Site" prepared by
Dillion Consulting Limited, dated May 22, 1997, to the satisfaction of the Citys Chief building
official and in accordance with applicable Ministry of Energy and Environment Guide Lines.
In the event the owner can not satisfy the City of Kitchener with respect to Condition No. 1 the
owner shall make satisfactory arrangements with the City of Kitchener for a cash-in-lieu of
parkland dedication equal to 5% of the value of the lands to be severed.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation of all new service connections to the severed lands and retained
lands.
That the owner shall make satisfactory financial arrangements with the City's Department of
Public Works for the installation, to City standards, of boulevard landscaping including street
trees and a paved driveway ramp on each of the severed lands and the retained lands.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
That the owner shall obtain approval of a lot grading and drainage control plan from the Regional
Municipality of Waterloo.
COMMITTEE OF ADJUSTMENT 347 SEPTEMBER 16, 1997
That the owner shall obtain approval of a stormwater management report from the Region of
Waterloo.
That the owner shall receive approval of a noise study from the Region of Waterloo, which shall
include the message to be used to abate noise levels from Weber Street (Regional Road No. 8)
and, if necessary, shall enter into an agreement with the Region of Waterloo to provide for the
implementation of the approved noise study attenuation measures, prior to the issuance of a
building permit.
3. Submission No.'s B 87/97 - B 108/97 - Broward Landev Corp. - cont'd
Submission No. B 108~97 - cont'd
9. That the applicant shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 10 ft. road widening across the entire Weber Street frontage of this property.
10. That the owner shall obtain a Regional Road Entrance Permit for each of the lots to be created
through Submission No.'s B 106/97, B 107/97 and B 108/97 as well as the lands to be retained.
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 September 16, 1999.
It is the opinion of this Committee that:
1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
ADJOURNMENT
On Motion, the meeting adjourned at 2:05 p.m.
Dated at the City of Kitchener this 16th day of September 1997.
D. H. Gilchrist
Secretary-Treasurer
Committee of Adjustment