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HomeMy WebLinkAboutAdjustment - 1997-10-28COA\1997-10-28 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 28, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight and A. Galloway. Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. J. Gothard, Chairman, called the meeting to order at 9:40 a.m. OFFICIALS PRESENT: Zoning MINOR VARIANCE UNFINISHED BUSINESS Submission No. A 137/97 - Monarch Construction Limited, P.O. Box 20089, Pioneer Park Post Office, Kitchener, Ontario Part Lot 35, German Company Tract, Westforest Trail, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Scheels Green Scheels Pidgeon 5-745 Bridge Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to provide two visitor parking spaces rather than the required 4 visitor parking spaces for a proposed 16 unit townhouse development. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting a reduction in the visitor's parking requirement from 4 spaces to 2 for a 16 unit cluster townhouse development. The subject lands are located in the second stage of a plan of subdivision which has received draft approval. This stage of the development has not been registered yet. Westforest Trail will be extended with the development of Stage 2 of Plan of Subdivision 30T-90031. The Zoning By-law requires 28 off-street parking spaces for a development with 16 units. Ten of the 16 units are proposed to have a double car garage and six are proposed to have single car garages. The site is designed in such a way that there is also additional parking available in front of the garages. As a result, the units with double car garages could provide four parking spaces; two in the garage and two in front of the garage for visitors and single garage units could provide two spaces each, for a total of 52 parking spaces. The zoning By-law requires 15% of the required parking spaces to be reserved and demarcated for visitors. As outlined above, each unit is capable of accommodating 1 or 2 visitors spaces. However, the Zoning By-law does not recognize tandem parking as legal parking spaces. In view of the forgoing, the reduction in the parking requirement from 4 to 2 for the visitors parking spaces is minor and the intent of the Zoning By-law is being maintained. The variance requested is desirable for the appropriate development of the subject lands as there would be a total of 54 parking spaces available on site which could be used by the tenants and their visitors. The Department of Planning and Development recommends approval of Submission A 137/97 subject to COMMITTEE OF ADJUSTMENT 383 OCTOBER 28, 1997 final approval of Site Plan Application 97/23/W/PB which provides 26 garages, each set back a minimum of 5.5 metres from the internal street. 1. Submission No. A 137/97 - Monarch Construction Limited - cont'd The Chairman questioned whether garages for such a development were contemplated in the by-law he also questioned whether the applicant was contemplating that visitors will park in the driveway. Mr. Scheels responded that this project is unique and if this street was a public street then there would be no requirement to provide visitor parking. He stated that most units have double garages and there would be enough room in the driveway for two parking spaces. Mr. W. Dahms questioned whether the development has been built yet and Mr. Scheels responded that it has not. He advised that a Site Plan Application has been made and it is hoped that marketing can begin by the end of the year. Further he advised that this is not a family oriented kind of development. Mr. Dahms then questioned whether the applicant has looked at the opportunity of providing these extra spaces and Mr. Scheels responded that given the number of parking spaces in the garage and/or the driveway the applicant would rather provide more green space. Ms. J. Given advised that, without requiring visitors to park in the driveway, only 20% of the parking has to be for visitors, so the applicant really only needs to provide four spaces. Further she advised that visitor parking must be signed and the two parking spaces will be signed rather than the required four. The Chairman noted that this application has come to the Committee prior to site plan approval and questioned whether the cart has come before the horse. Ms. Given responded that staff recommended a deferral of this application at that last meeting in order that the site plan might be submitted. She advised that it has been submitted and has been reviewed by staff and the buildings will not shift. Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of Monarch Construction Limited requesting permission to provide 2 visitor parking spaces rather than the required 4 visitor parking spaces for a 16 unit town house development on Part Lot 35, German Company Tract, Westforest Trail, Kitchener, Ontario BE APPROVED, subject to the following condition: That the applicant shall receive final approval of Site Plan Application 97/23/W/PB which provides 26 garages, each setback a minimum of 5.5 m from the internal street. 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 2. Submission No. A 140/97 - Tallpines Health Centre Incorporated, 123 Pioneer Drive, Kitchener, Ontario Re: Parts 1 - 14, Reference Plan 58R-10809, 10 Pioneer Drive, Kitchener, Ontario. As requested by the Department of Planning & Development, the Committee agreed to defer consideration of this application to the first meeting to be held in January 1998. APPLICATIONS COMMITTEE OF ADJUSTMENT 384 OCTOBER 28, 1997 Submission No. A 141/97 - Elisabeth Perrin, 28 Tanglewood Avenue, Kitchener, Ontario Re: Part Lots 105 & 106, Registered Plan 928, 28 Tanglewood Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Snyder 28 Tanglewood Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is 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.). 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 with a southerly side yard of 0.6m (2 ft) rather than the required 1.2m (3.93 ft). The required 1.2m (3.93 ft) set back is intended to provide adequate access for outside maintenance of the proposed structure and also to have as little impact on the adjoining property as possible. The proposed 0.6m (2 ft) setback from the side property line will still allow sufficient space for the outside maintenance of the one storey structure and will also provide better alignment of the garage entrance with the existing driveway. Additionally, the proposed location of the detached garage will not adversely impact the adjoining property. It is the opinion of staff that the proposed detached garage structure with a side yard set back of 0.6m (2 ft) rather than the required 1.2m (3.93 ft) is minor in nature as it maintains the general intent of the zoning by-law. In regards to the above comments the Department of Planning and Development recommends approval of Minor Variance Application A 141/97 as submitted. 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. There shall be no openings in a wall located less than 2 ft. from the property line and the applicant must ensure that roof drainage is not directed onto the adjacent property. When questioned by the Chairman, Mr. Snyder advised that the garage on the next door property is approximately 14 ft. away and there is a garden on the neighbouring property immediately abutting the side Iotline. Mr. W. Dahms put forward a motion to approve the application subject to the metal shed being removed, a building permit being obtained, no openings in a wall less that 4 ft. from the property line and that the drainage be directed onto the applicants own property. Mr. Snyder requested permission to amend the application to provide a lesser rearyard. He stated that the driveway is so tight that he wants the garage to be 16 ft. from the house instead of 8 ft. When questioned by the Committee, Mr. R. Morgan advised that the minimum rearyard for the garage would be 4 ft. Mr. W. Dahms then stated his motion refers to the sideyard in the application and that Mr. Snyder will have to maintain the required rearyard. 1. Submission No. A 141/97 - Elisabeth Perrin - cont'd COMMITTEE OF ADJUSTMENT 385 OCTOBER 28, 1997 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Elisabeth Perrin 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 Part Lots 105 & 106, Registered Plan 928, 28 Tanglewood Avenue, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall obtain approval of a building permit prior to constructing the garage. 2. That there shall be no openings in a wall located less than 0.6 m (2 ft.) from the property line. 3. That the owner shall direct all roof drainage on to her 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS AGENDA Re: Re: Submission No. B 113/97 - Scott Sinclair, 1 The Kirksway, Kitchener, Ontario Part of Lot 10, Beasley's Broken Front Concession and Part Lot 41, Registered Plan 782, 1 The Kirksway, Kitchener, Ontario. - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles, Suite 800, 130 Bloor Street West, Toronto, Ontario Parts of Lots 9 & 10, Beasely's Broken Front Concession and Lots 33, 34 & 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario. At the request of the Department of Planning & Development the Committee consideration of these applications to the meeting to be held on November 18, 1997. agreed to defer APPLICATIONS 1. Submission No. B 125/97 - Activa Development Corporation - 735 Bridge Street West, Waterloo, Ontario APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: Mr. M. Schumacher 336 Speedvale Avenue Guelph, Ontario NONE NONE COMMITTEE OF ADJUSTMENT 386 OCTOBER 28, 1997 CONTRA: NONE 1. Submission No. B 125/97 - Activa Development Corporation - cont'd The Committee was advised that the applicant is requesting permission to sever a parcel of land having an area of 3.5374 hectares which will be further subdivided into residential lots through a Plan of Subdivision. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands constitute a large land holding in Laurentian West owned by Activa Development Corporation and comprise much of the Laurentian West Community land area. The lands are designated Low Rise Residential and Open Space in the City's Municipal Plan and Laurentian West Community Plan. The applicant has received draft approval for a 3.54 hectare plan of subdivision at the north end of the subject property and has submitted subdivision and zone change applications for the retained lands. The applicant is now requesting consent to sever the 3.54 hectare subdivision from the larger land holding. The purpose of the consent is twofold. Firstly, the requested consent will enable the applicant to register a partial discharge of a mortgage on the lands prior to registration of the draft plan of subdivision. Secondly, the requested consent will enable the applicant to convey the subject lands to another company. The draft approved Plan of Subdivision is zoned R-6 and the retained lands are zoned A-l, all according to Zoning By-law 85-1. The proposed severance conforms with the Municipal Plan, the Laurentian West Community Plan and the Zoning By-law and will allow for the intended development of the area. All necessary conditions to development will be addressed through the residential subdivision agreement to be registered on title. The Department of Planning and Development recommends that Consent Application A 125/97 be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application as their concerns are being addressed through the subdivision approval process. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo in which they advised that the lands to be severed were previously reviewed by the Region under Plan of Subdivision Application 30T-88041. This plan was draft approved on May 25, 1995 with 2 stages of development. Stage 1 of the plan proceeded to registration on November 7, 1995 as Registered Plan 1822. The balance of the draft plan, comprised in the Stage 2 lands are now before the Committee as an Application for Consent. The Region approved a modification to the plan and conditions of draft approval of the Stage 2 lands on July 10, 1997. This modification resubdivided the multiple residential block shown originally on the plan in favour of 31 Iow-rise residential lots fronting on a new cul-de-sac and a small multiple block front along Wilderness Drive. As a result of the modification of the Stage 2 lands, the lot and block references included in the original subdivision agreement between the Region and the applicant are no longer valid and need to be revised. Although Regional staff prepared an amending Subdivision Agreement for the applicants execution, this agreement has not been executed and returned to the Region. Therefore, to ensure that all Regional requirements pertaining to the development of the subject lands are legally secured, Regional staff would have no objection to the proposed Application for Consent provided the applicants enter into a new Subdivision Agreement with the Region. The Chairman referred to the Region's comments and Mr. Schumacher advised that he had no problem with their requested condition. Mr. Dahms put forward a motion to approve the application subject to the City and Regional conditions which was seconded by Mr. A. Galloway. COMMITTEE OF ADJUSTMENT 387 OCTOBER 28, 1997 1. Submission No. B 125/97 - Activa Development Corporation - cont'd Mr. D. McKnight advised that he had a problem with the fact that the City was not requiring a condition dealing with the Subdivision Agreement. Ms. J. Given advised that she did not believe it was necessary as it will be required anyway, through the Plan of Subdivision process. Mr. Schumacher advised that the purpose of this severance application is not for subdivision but for tax purposes, in order to put the land in another company name. That new company will then enter into a Subdivision Agreement. Mr. W. Dahms noted that if a Plan of Subdivision does not go through, this would be a building lot and questioned whether there should be other conditions imposed. Ms. J. Given responded that that could happen but the land would be terribly underdeveloped and not in the owner's best interest. Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Activa Development Corporation requesting permission to convey a parcel of land having an area of 3.5374 hectares on Part Lot 46 & 47, German Company Tract, Part Lots 11 & 12 and Part of Lot 1, Reserve A and Part Towerview Avenue Closed, Registered Plan 820, Ottawa Street & Wilderness Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall enter into a new Subdivision agreement with the Regional Municipality of Waterloo to implement the following requirements: a) The Developer agrees to erect a 1.8 metre high chain link fence 0.15 metres offset from the property line adjacent to Ottawa Street (Regional Road No. 4) to the satisfaction of the Region's Commission of Engineering. b) The Developer agrees to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for any residential units backing onto Ottawa Street (Regional Road No. 4): "Due to the proximity of Ottawa Street (Regional Road No. 4), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." c) The Developer agrees that no road access shall be permitted from this property to Ottawa Street (Regional Road No. 4), save and except for an Emergency Access. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement changes. 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 October 28, 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 2. Submission No. B 126/97 - Ivan Biuk Construction Ltd., 1989 Old Mill Road, COMMITTEE OF ADJUSTMENT 388 OCTOBER 28, 1997 Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. I. Biuk 1989 Old Mill Road Kitchener, Ontario CONTRA: Mr. P. Aquiline 1857 Old Mill Road Kitchener, Ontario Mr. M. Ferraz 1941 Old Mill Road Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that applicant is requesting permission to sever a parcel of land containing a single family dwelling. The lot will have frontage on Old Mill Road of 28.35 m (93 ft.) by a depth of 19.2 m (63 ft.) and will have an area of 544.32 m2 (5,859 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised the application seeks consent approval to sever a lot from a larger land holding to recreate a lot fronting Old Mill Road. The retained lands consist of undeveloped lands to the rear of the severed lands, adjacent to the unopened, unconstructed right-of-way of Drummond Drive. The proposed lot contains a single dwelling nearing completion. The original lot consisted of Part of Lots 100 and 101 of Registered Plan 578; a church was located partially on the lot and partially on the unopened right-of-way of Drummond Drive. The church was demolished and portions of Drummond Drive were closed adjacent to this lot and that abutting the other side of Drummond Drive and a 23 foot wide portion was added to each lot. The owner advises that the lot merged in title with the larger landholding and the intent of the severance now is to re-establish the lot lines, In 1989, the Committee of Adjustment approved minor variances for construction of a single detached dwelling with a reduced setback from the road, reduced rear yard, reduced lot area, and reduced lot width, relative to the Township Residential Zoning according to By-law 878-A. The property was rezoned R-3 under By-law 85-1 in 1994 and on the basis of the earlier Minor Variance approval under By-law 878- A, a building permit was issued in error in June, 1997. If the severance is approved, the location of the dwelling under construction would not comply with the rear yard requirement of By-law 85-1, which is 7.62 metres (25 feet), as only 6.0 metres (19.83 feet) are provided, according to the draft survey submitted. Further, the required parking space in the garage does not comply with the required set back of 6.0 metres; the submitted drawing shows a setback of 5.49 metres (18 feet). The Department cannot recommend approval of a severance which would create a non-conforming rear yard, without prior approval of a Minor Variance Application. As a Building Permit was already issued for the property, the City will initiate a Minor Variance Application to address both the rear yard and garage setback variances. Approval of such application would be recommended as a condition of approval of the consent. The proposed lot and the location of the dwelling thereon complies in all other respects with the zoning by-law. The purpose of the consent is to re-establish a formerly existing situation, which had been fully considered at the time of the demolition of the church and the closure and sale of portions of Drummond Drive. As such, the Department is of the opinion that approval of the consent application is proper planning provided the required minor variances are firstly approved. 2. Submission No. B 126/97 - Ivan Biuk Construction Ltd. - cont'd COMMITTEE OF ADJUSTMENT 389 OCTOBER 28, 1997 That B-126/97 be approved conditional upon the following: That final approval be given to a Minor Variance application to legalize the rear yard and garage setback. 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 Grand River Conservation Authority in which they advised that they have no objection or concerns with this application. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that Regional staff have no objections to the approval of this application as proposed. The Chairman questioned whether there was a house already built on the lands to be severed and Mr. Biuk advised that there is. He then questioned whether there is anything built on the lands to be retained and was advised that there are no buildings on the lands to be retained. The Chairman then questioned whether the retained lands have access to Old Mill Road and Ms. J. Given, Senior Planner, advised that they have access to Drummond Drive which is not an open right-of-way. The Chairman then questioned how the applicant would physically gain access to the retained lands once the severance was approved; as it appears it will be land locked due to the fact that Drummond Drive is not an open road. The Chairman then questioned how the land merge took place and Mr. Biuk advised that he bought the large parcel first, then the smaller parcel, now to be severed, which had a church on it. The church was demolished and a building permit was issued for the house. Mr. Aquiline addressed the Committee advising that the former church was built on the right-of-way and the previous owner asked the City to close the right of way which was done and 23 ft. was sold to himself, 23 ft. to Mr. Biuk and 20 ft. were kept by the City for a service easement. Mr. Aquiline advised that there are mature maple trees on this property and if services were installed, they would ruin his trees. He then questioned why a building permit was issued, suggesting it was a City Hall error. Mr. Aquiline stated that Mr. Biuk removed a beautiful spruce tree on the City's property and now the City is taking legal action. Mr. Aquiline referred to other trees on the retained lands and advised that he wanted some kind of commitment from Mr. Biuk that the trees will be protected. The Chairman then referred to the fact that the street was physically not in existence. Mr. Aquiline advised that a path has been created by Mr. Biuk from Amherst Drive. Mr. Dahms advised that he was concerned over the status of Drummond Drive and the fact that the retained lands lack frontage on a public street. He also noted the neighbours' concerns over services and trees, which he felt staff should deal with. Mr. Dahms suggested that the application should be deferred, as there is inadequate information before the Committee. Mr. Galloway noted the minor variances referred to in the staff comments and stated that an Application for Minor Variance should accompany this application. Mr. D. McKnight advised of his concern that the retained lands will be land locked. He felt that this development is premature and needs a site plan. Ms. J. Given advised that there is a block plan for this area. The Chairman advised that the Committee has some trouble with this application. He stated that it is not timely, there is no legal access to the retained lands and the Committee can not create a lot which has not access on a public street. He also noted that approval of this application would create minor variances. He stated that there are a number of problems to be sorted out. Ms. J. Given advised that she would research the situation with Drummond Drive and she would be willing to bring back more information to clarify the situation. She also advised that staff will be filing an Application for Minor Variance. 2. Submission No. B 126/97 - Ivan Biuk Construction Ltd. - cont'd The Chairman advised Mr. Biuk that the application, in its present form, would be not be successful. He stated that this application will be put over to December 8, 1997, for further information and an Application for Minor Variance. Mr. Aquiline questioned who he should talk to about servicing and Ms. J. Given advised that the 20 ft. right-of-way was retained for servicing. COMMITTEE OF ADJUSTMENT 390 OCTOBER 28, 1997 Submission No. B 127/97 & A 142/97 - Richard Broadwith, R.R. #1, Moffat, Ontario Re: Part Block H, Registered Plan 812, 253 Clark Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Murphy 2 Stahl Avenue Kitchener, Ontario CONTRA: Ms. B. Sack 224 Clark Avenue Kitchener, Ontario Mr. P. Edwards 243 Clark Avenue Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a frontage of 15.24 m (50 ft.) on Clark Avenue by a depth of 36.67 m (120.31 ft.) and having a area of 520.6 sq. m (5,603.88 sq. ft.). The proposed use of the property is a single family dwelling. As a result of the severance, the rearyard on the existing fourplex will be 4.48 m (14.7 ft.) rather than the required 7.5 m (24.61 ft.) and the applicant is requesting permission for this variance. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to sever the property at 253 Clark Avenue to create an additional lot having a frontage of 15.24 metres (50 feet) on Clark Avenue, a depth ranging from 120.34 feet (36.67 metres) to 130.75 feet (40.77 metres) and an area of approximately 5,412 square feet (503 square metres). The purpose of the severed parcel is for the construction of single detached dwelling. The proposed retained parcel will have a new frontage along Clark Avenue of 95.21 feet (29.02 metres) and a depth of 133.75 feet (40.77 metres) on the northerly side and an area of approximately 14,538 square feet (1,350.58 square metres). The applicant notes that the existing use for the retained parcel is a fourplex which will continue in the future. The existing building has been used as a four unit dwelling since the early 1960's until recently. The Department notes that there are now 5 units occupying the building. The fifth unit was created without the benefit of a building permit. The fourplex continues to be considered as legal non-conforming as the R-5 zone permits a maximum of 3 dwellings in the building and the fifth unit is illegal and must be removed. The required parking for a fourplex is four spaces which is located in front of the building on a gravel surface without any proper demarcation of the parking spaces. The access to and from the site is from Siebert Avenue. The Department recommends that as part of the approval of this application that the parking areas for the retained parcel be upgraded with asphalting, demarcated parking spaces and improved access. 3. Submission No. B 127/97 & A 142/97 - Richard Broadwith - cont'd The applicant has also requested a minor variance for a rear yard of 14.7 feet (4.4 metres) which will be created by the severance. The application should be amended to request a rear yard of 12.1 feet (3.69 metres) since the front lot line, as defined as the shortest distance abutting a street, changes from Siebert Avenue to Clark Avenue. COMMITTEE OF ADJUSTMENT 391 OCTOBER 28, 1997 The variance is considered minor in nature and meets the general intent of the zoning by-law since as a result of the severance a reasonably sized triangular area of land is created between the existing fourplex and the severed line providing a "rear yard" of up to 12 metres (40 feet) in depth, and a further amenity area is available between the building and Clark Avenue. The impact of the variance on the retained parcel is considered minor and would not affect the enjoyment of the abutting property. In this regard, the variance and severance are considered desirable for the appropriate development of the subject land. The proposed severance application is in compliance with the zoning regulations and provides for the proper and orderly development of the lands. In the opinion of staff, the proposal meets the four tests set out in Section 41 (1) of the Planning Act. The Department of Planning and Development recommends that Minor Variance Application A 142/97, revised to request a rear yard of 3.7 metres (12.1 feet), be approved without conditions and that Consent Application B 127/97 be approved subject to the following conditions: 1. That Minor Variance Application A 142/97 receive final approval. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding property taxes and/or local improvement charges. 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 land. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, a paved driveway ramp on each of the severed and retained lands. That the owner shall pay to the City of Kitchener cash-in-lieu of park dedication equal to 5% of the value of lands to be severed. That the owner shall obtain approval of a parking plan showing at least four parking spaces and proper access to and from the site, and agrees to asphalt the driveway and parking area and demarcate the parking spaces to the satisfaction of the Director of Community Planning, Development and Design. That the owner remove one dwelling unit from the building and advise the City when such removal has taken place and that an inspection of the property be conducted by the City to confirm that there are only 4 units located within the building. The Committee noted the comments of the Traffic & Parking Division in which they advised that it is recommended that the driveway ramp and parking lot be surfaced with asphalt and that the required 3 m setback be provided and landscaped. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo in which they advised that they have no concerns with these applications. The Chairman asked whether Mr. Murphy had reviewed the recommendations of staff and he advised that he had and that he agreed with the general direction of the conditions. 3. Submission No. B 127/97 & A 142/97 - Richard Broadwith - cont'd Mr. Edwards then addressed the Committee advising that he lives on Clark Avenue, next to the severed lands, and he is concerned about what will be built on the lot. He was also concerned about setback. He advised that 40% of the houses in the neighbourhood are bungalows. The Chairman advised that the Committee could not set those rules as they are governed by the zoning by-law. Mr. Edwards then commented on drainage and Ms. J. Given, Senior Planner, advised that a drainage plan will be required at the time they apply for a building permit. COMMITTEE OF ADJUSTMENT 392 OCTOBER 28, 1997 Ms. Sacks advised that she is in attendance to get more information and she has the same concerns as her neighbour. Mr. A. Galloway then questioned whether the owner had given any thought to the setback for the new dwelling; as the current setback requirement would bring the house much closer to the street than the existing houses. Mr. Murphy advised that that has not been decided. Mr. A. Galloway put forward a motion to approve both applications subject to the recommended conditions of staff. Mr. Murphy advised that he had a concern with Condition No. 6. He advised that he was willing to prepare a parking plan but he would like to discuss the surface treatment with staff. Submission No. B 127/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Richard Broadwith requesting permission to convey a parcel of land having a frontage of 15.24 m (50 ft.) by a depth of 36.67 m (120.31 ft.) and an area of 520.6 m2 (5,603.88 sq. ft.) on Part Block H, Registered Plan 812, 253 Clark Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That Minor Variance Application A 142/97 shall receive final approval. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding property taxes and/or local improvement charges. 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 land. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works for the installation, to City standards, of a paved driveway ramp on each of the severed and retained lands. That the owner shall pay to the City of Kitchener cash-in-lieu of park dedication equal to 5% of the value of lands to be severed. That the owner shall obtain approval of a parking plan showing at least four parking spaces and proper access to and from the site, and agrees to asphalt the driveway and parking area and demarcate the parking spaces to the satisfaction of the Director of Community Planning, Development and Design. That the owner remove one dwelling unit from the building and advise the City when such removal has taken place and that an inspection of the property be conducted by the City to confirm that there are only 4 units located within the building. 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 October 28, 1999. 3. Submission No. B 127/97 & A 142/97 - Richard Broadwith - 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. COMMITTEE OF ADJUSTMENT 393 OCTOBER 28, 1997 Submission No. A 142/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Richard Broadwith requesting permission for a rearyard of 3.7 m (12.1 ft.) on the existing 4 plex rather than the required 7.5 m (24.61 ft.) on Part Block H, Registered Plan 812, 253 Clark Avenue, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried The Chairman then advised Mr. Murphy that he could not tell him what to build on the lot but he requested Mr. Murphy taken into consideration the comments of the neighbours. ADJOURNMENT On Motion, the meeting adjourned at 11:20 a.m. Dated at the City of Kitchener this 28th day of October 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment