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HomeMy WebLinkAboutAdjustment - 1997-11-18COA\1997-11-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 18, 1997 MEMBERS PRESENT: Messrs. J. Gothard, A. Galloway, W. Dahms, and D. McKnight. 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 9:50 a.m. OFFICIALS PRESENT: Zoning MINOR VARIANCE APPLICATIONS Submission No. A 143/97 - Pietro Gagliano, 295 Connaught Avenue, Kitchener, Ontario. Re: Part Block F, Registered Plan 254, 295 Connaught Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Gagliano 295 Connaught Avenue Kitchener, Ontario Councillor J. Ziegler Fairview Ward City of Kitchener Mr. M. Kralik 51 Windale Crescent Kitchener, Ontario CONTRA: Mr. D. Tallman 289 Connaught Avenue Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to construct a second storey addition over the existing garage with a side yard of 0.46 m (1.52 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 second storey addition over the existing garage with a side yard of 0.46 metres (1.52 ft) rather than the required 1.2 metres (3.93 ft). Staff note that although the existing garage does not meet the regulations contained in the current by-law, it is considered to comply relative to the vacuum by-law contained in Section 5.15 of By-law 85-1. The intent of the required sideyard setback is to provide privacy between abutting properties. The proposed addition is to be constructed flush with the garage and therefore maintains the existing side yard setback. It is no more onerous than what has existed previously. It is noted that exterior COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 maintenance of the property can be maintained. Additionally, it would not appear to adversely affect the enjoyment of the adjoining property. Staff note that the applicant must ensure that all drainage from the proposed addition is directed away from the abutting property. 1. Submission No. A 143/97 - Pietro Ga,qliano - cont'd Based on the above, it is the opinion of staff that the variance is minor in nature and the general intent of the by-law and Municipal Plan is being met. The Department of Planning and Development recommends approval of Submission A 143/97 applying to the structure shown on the sketch 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 the new addition. A wall located 1.52 ft. from the property line shall have a 45 minute fire resistance rating, no openings and shall be clad with non-combustible construction. Mr. Kralik addressed the Committee advising that this is a building addition to be erected on the existing garage. The addition will go straight up from the garage so there would be no change in the sideyard that presently exists. Mr. Tallman addressed the Committee advising that he is directly affected by this addition. He advised that he bought his property in 1954 and has lived there since and that Mr. Gagliano is approximately the 5th owner of the property at 295 Connaught Avenue. He stated that the third owner requested permission for the garage and that he gave his blessing on the basis that it would be a cement block garage with a flat roof. The garage does infringe on the sideyard. Now the current owner wants a second storey on top of the garage and it was Mr. Tallmans' opinion that the request should not be granted for the following reasons: It was Mr. Tallman's opinion that there would be a definite fire hazard as there would be no separation and the addition will tower over the roof of his own house. He also felt that the addition would devalue properties in the immediate area. Mr. Tallman then stated that he has a rear sunroom with six sky lights and that the proposed addition will block the sunlight from his sunroom. Also, in the summertime, with the windows and doors open there would be a noise factor. Mr. Tallman then stated that if the applicant wants an addition he has a large rearyard and plenty of room for an addition there. He stated that, from an appearance stand point, the proposed second stow addition is not desirable. The Chairman questioned Mr. Tallman has to how far his sunroom is from the side Iotline and Mr. Tallman advised that there is a 4 ft. sideyard with a 2 ft. eaves overhang. The Chairman questioned the applicant as to the use of the addition. Councillor J. Ziegler spoke on behalf of Mr. Gagliano advising that the garage will stay as it is and the addition will be a separate living unit. He advised that he only found this information out this morning. When questioned by the Committee, Mr. R. Morgan advised that the separate dwelling unit would comply with the R-4 zone but he was not sure about the building code. He thought the comments of the Director of Building would still apply in this instance. Mr. A. Galloway stated that, in light of the second dwelling unit, there may be a problem with building access and Mr. R. Morgan stated that he could not speculate as to whether there would be such a problem. Mr. W. Dahms stated that with an additional dwelling unit, there may be parking requirements, access requirements and minimal floor space requirements. He stated that he would support a deferral to allow staff to properly review the matter in light of the additional dwelling unit. Mr. J. Gothard referred to the building comments and stated that there would be no windows allowed facing the sideyard and he was of the opinion that the matter should be reviewed again. He advised that, in this review, he wanted his concerns with respect to the ability to deal with windows considered. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 1. Submission No. A 143/97 - Pietro Ga.qliano - cont'd It was agreed by the Committee members that consideration of this matter would be deferred to the Committee of Adjustment meeting to be held on Tuesday December 9, 1997 so that staff may review this matter again in light of the addition being a separate dwelling unit. Submission No. A 144/97 - Merlin Jutzi, 450 Woolwich Street, Kitchener, Ontario Re: Lot 92 & Part Lot 91, Registered Plan 251,69 Sydney Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Jutzi 450 Woolwich Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to cover an existing front landing with a front yard setback of 0 m rather than the required 3 m (9.85 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject building contains a legal, non-conforming office building. According to the applicant, the existing front porch and stairs are located 0 metres from the front lot line. It appears as though a survey is not available which shows the actual location of the stairs and porch. It is now intended that the porch and stairs be covered with a canopy roof. The canopy will be set back 0 metres rather than 3.0 metres required for a yard abutting a street. The encroachment can be considered minor as the roof will extend no further than the existing stairs. It maintains the intent of the by-law, in that any redevelopment of the property would be required to maintain the setback. The canopy is appropriate for the development of the property as it provides overhead shelter against the elements. Given that a survey is not available for the property, the owner should be advised that the new construction cannot encroach beyond the property line. The Department of Planning and Development recommends approval of Submission A 144/97. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the roof over the existing porch. Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Merlin Jutzi requesting permission to cover an existing front landing with a frontyard setback of 0 m rather than the required 3 m (9.85 ft.) on Lot 92 and Part Lot 91, Registered Plan 251,69 Sydney Street South, 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. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 2. Submission No. A 144/97 - Merlin Jutzi - cont'd 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.'s A 147/97 to A 161/97 - Monarch Construction Limited, P.O. Box 20089, Pioneer Park Post Office, Kitchener, Ontario Re: Part of Lot 8, Richard Beasley's Old Survey, being Part 1, Reference Plan 58R-6934 & Part 2, Reference Plan 58R-9126, Pinnacle Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. D. Biuk 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 reduce the lot area and/or lot frontage of 15 residential lots in a proposed plan of subdivision. The zoning by-law requires a minimum lot frontage of 13.7 m (44.95 ft.) and a minimum lot area of 464 m2 (4,994.62 sq. ft.) and the applicant proposes the following: Submission No. A 147/97 - Lot 30 frontage area 12.495 m (41 ft.) 452 m2 (4,865.45 sq. ft.) Submission No. A 148/97 - Lot 31 frontage area 12.495 m (41 ft.) 446 m~ (4,800.87 sq. ft.) Submission No. A 149/97 - Lot 32 frontage area 12.495 m (41 ft.) 444 m~ (4,779.34 sq. ft.) Submission No. A 150/97 - Lot 33 frontage area 12.495 m (41 ft.) 442 m~ (4,757.81 sq. ft.) Submission No. A 151/97 - Lot 34 frontage area 12.495 m (41 ft.) 440 m~ (4,736.28 sq. ft.) Submission No. A 152/97 - Lot 35 frontage area 13.27 m (43.54 ft.) 432 m2 (4,650.17 sq. ft.) COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No. A 153/97 - Lot 36 frontage area 13.27 m (43.54 ft.) 438 m2 (4,714.75 sq. ft.) Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 154/97 - Lot 37 frontage area 13.27 m (43.54 ft.) 444 m2 (4,779.34 sq. ft.) Submission No. A 155/97 - Lot 39 frontage area 13.27 m (43.54 ft.) 414 m~ (4,456.41 sq. ft.) Submission No. A 156/97 - Lot 40 frontage area 13.27 m (43.54 ft.) 418 m~ (4,499.47 sq. ft.) Submission No. A 157/97 - Lot 41 frontage - 13.27 m (43.54 ft.) area - 426 m~ (4,585.58 sq. ft.) Submission No. A 158/97 - Lot 42 frontage area 12.495 m (41 ft.) 438 m~ (4,714.75 sq. ft.) Submission No. A 159/97 - Lot 43 frontage area 12.495 m (41 ft.) 436 m2 (4,693.22 sq. ft.) Submission No. A 160/97 - Lot 44 frontage area 12.495 m (41 ft.) 436 m~ (4,693.22 sq. ft.) Submission No. A 161/97 - Lot 45 frontage area 12.495 m (41 ft.) 435 m~ (4,682.46 sq. ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located within Stages 3 and 4 of Draft Plan of Subdivision 30T-90029 in Doon South. The lands are designated Low Rise Residential in the City's Municipal Plan, Low Density Residential in the Doon South Community Plan and are zoned Residential Three (R-3) Zone according to Zoning By-law 85-1. The R-3 Zone requires a minimum lot width of 13.7 metres a minimum lot area of 464 square metres. The applicant, Monarch Construction Limited, is seeking variances to the minimum lot width and minimum lot area requirements for 7 lots within Stage 3 and 8 lots within Stage 4. The purpose of the requested variances is to accommodate a current market demand for 12.2 metre (40') lots. Specifically, the following variances are being requested: COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Stage 3 Lot # Lot Width Lot Area 39 13.27 m. 414 sq. m. 40 13.27 m. 418 sq. m. 41 13.27 m. 426 sq. m. 42 12.49 m. 438 sq. m. 43 12.49 m. 436 sq. m. 44 12.49 m. 436 sq. m. 45 12.49 m. 435 sq. m. Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Stage 4 Lot # Lot Width Lot Area 30 12.49 m. 452 sq. m. 31 12.49 m. 446 sq. m. 32 12.49 m. 444 sq. m. 33 12.49 m. 442 sq. m. 34 12.49 m. 440 sq. m. 35 13.27 m. 432 sq. m. 36 13.27 m. 438 sq. m. 37 13.27 m. 444 sq. m. The requested variances are in conformity with the City's Municipal Plan and the Doon South Community Plan and given the range of larger lot sizes, also maintain the general intent of the R-3 Zone. Further, since the proposed lots have not yet been created and will be compatible with proposed adjacent lots, the requested variances can be considered to be minor in nature and appropriate for the subject lands. The Department of Planning and Development recommends that Minor Variance Applications A 147/97 through A 161/97, requesting reductions in the minimum lot width and minimum lot area, be approved without conditions. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to these applications. Mr. W. Dahms put forward a motion to approve all these applications without conditions. Mr. A. Galloway questioned whether the developer would lose a lot by meeting the by-law requirements. Ms. D. Biuk advised that, with the minor variances, they have gained two lots in the subject area. Mr. Galloway then questioned the purpose of the application and Ms. Biuk advised that their market study shows that 40 ft. lots are more marketable than 45 ft. lots. Mr. D. McKnight advised that he was concerned about the reasons for the applications, as he did not think that market demand was sufficient reason to approve minor variances. Ms. Biuk responded that the homes on these lots will not be drastically different and the lots are still within the range of other lots in the subdivision. Submission No. A 147/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 452 m2 (4,865.45 sq. ft.) rather than the required 464 m2 (4,994.65 sq. ft.) on (Lot 30, Stage 3, Draft Plan of Subdivision 30T-90029) Part of Lot 8, Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Plan 58R-9126, COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Pinnacle 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 148/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 446 m2 (4,887 sq. ft.) rather than the required 464 m2 (4,994.62 sq. ft.) on (Lot 31, Stage 4, Draft Plan of Subdivision 30T-90029) Part of Lot 8 Richard Beasley's Old Survey being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 149/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and a Lot Area of 444 m~ (4,779.34 sq. ft.) rather than the required 464 m~ (4,994.62 sq. ft.) on (Lot 32, Stage 4, Draft Plan of Subdivision 30T- 90029) Part Lot 8 Richard Beasley's Old Survey, Being Part 1 Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No. A 150/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the permitted 13.7 m (44.95 ft.) and a Lot Area of 442 m2 (4,757.81 sq. ft.) rather than the required 464 m2 (4,994.62 sq. ft.) on (Lot 43, Stage 4, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle Drive, Kitchener BE APPROVED. Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 150/97 - 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 151/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 440 m~ (4736.28 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 34, Stage 4, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 152/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 432 m~ (4650 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 35, Stage 4, Draft Plan of Subdivision 30T-90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle Drive, Kitchener, Ontario BE APPROVED. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 153/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 438 m2 (4714.75 sq. ft.) rather than the required 464 m2 (4994.62 sq. ft.) on (Lot 36, Stage 4, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 154/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 444 m~ (4779.34 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 37, Stage 4, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No. A 155/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 414 m2 (4456.41 sq. ft.) rather than the required 464 m2 (4994.62 sq. ft.) on (Lot 39, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 155/97 - cont'd 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 156/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 418 m~ (4499.47 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 40, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 157/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 13.27 m (43.54 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 426 m~ (4585.85 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 41, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 The variance requested in this application is minor in nature. 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 158/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 438 m2 (4714.75 sq. ft.) rather than the required 464 m2 (4994.62 sq. ft.) on (Lot 42, Stage 3, Draft Plan of Subdivision 30T- Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 158/97 - cont'd 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 159/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 436 m~ (4693.22 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 43, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 160/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 436 m2 (4693.22 sq. ft.) rather than the required 464 m2 (4994.62 sq. ft.) on (Lot 44, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No.'s A 147/97 to A 161/97 - Monarch Construction Limited - cont'd Submission No. A 161/97 Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the application of Monarch Construction Limited requesting permission for a Lot to have a frontage of 12.495 m (41 ft.) rather than the required 13.7 m (44.95 ft.) and an area of 435 m~ (4682.46 sq. ft.) rather than the required 464 m~ (4994.62 sq. ft.) on (Lot 45, Stage 3, Draft Plan of Subdivision 30T- 90029) Part Lot 8, Richard Beasley's Old Survey, Being Part 1, Reference Plan 58R-6934 and Part 2, Reference Plan 58R-9126, Pinnacle 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 CONSENT UNFINISHED BUSINESS 1. Submission No. B 112/97 - Marcia Ryan, 200 Waterloo Street, Kitchener, Ontario Part Lot D, Registered Plan 386, 200 Waterloo Street, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: CONTRA: Mr. O. Wood 155 Frederick Street Kitchener, Ontario NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 IN SUPPORT: NONE CONTRA: Mr. P. Miller 15 Westmount Rd. South Waterloo, Ontario The Committee was advised the applicant is requesting permission to sever a parcel of land having an area of 340 sq. ft. as a lot addition to 196 Waterloo Street. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has requested permission to sever a triangular sliver of land from their property, having a width of 1.9 metres and a depth of 29.7 metres. The lands to be severed are proposed to merge in title with the adjacent property municipally addressed as 196 Waterloo Street. Each lot contains a single detached dwelling. The property located at 196 Waterloo Street was originally developed prior to 1924. The lands were developed without a sufficient side yard for a vehicle to access the garage to the rear of the dwelling and without a legal parking space. The retained lands would still have a 2.17 metre side yard. Staff have no objection to the severance provided the lands merge in title with the abutting property, as the severance will improve the adjacent property by providing access to the garage and providing a legal parking space. 1. Submission No. B 112/97 - Marcia Ryan - cont'd The Consent application B 112/97 be approved subject to the following conditions: That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the written submission of Mr. P. Miller, Barrister & Solicitor on behalf of his clients, Mr. & Mr. G. Snyder owners of 204 Waterloo Street, Kitchener, in which he advised that they wish to point out that the resulting lands for 200 Waterloo Street, shown as Part 1 on this sketch submitted with the application, should only have a frontage of 45.74 ft., as Mr. & Mrs. Snyder's driveway is included in the lands of 200 Waterloo Street, which has been used for well over 20 years for a driveway for 204 Waterloo Street. The Chairman noted that this matter had been considered at the Committee of Adjustment meeting of October 7, 1997 and even if the Snyders were able to claim possessory title, the lot at 200 Waterloo Street would still have sufficient frontage to meet the by-law requirements. Moved by Mr. D. McKnight Seconded by Mr. W. Dahms That the application of Marcia Ryan requesting permission to convey a parcel of land having a width of 1.9 m (6.2 ft.) and an area of 31.59 m2 (340 sq. ft.) as a lot addition on Part Lot D, Registered Plan 386, 200 Waterloo Street, Kitchener, Ontario BE GRANTED subject to the following conditions: That the lands to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with subsection 50 (3) and/or (5) of the Planning Act. 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 November 18, 1999. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT NOVEMBER 18, 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. B 113/97 - Scott Sinclair, 1 The Kirksway, Kitchener, Ontario Re: 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 Re: Parts of Lots 9 & 10, Beasley's Broken Front Concession and Lots 33, 34 & 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Toderian 171 Victoria Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that these five applications involve the creation of three lots and an exchange of land between the two applicants. In Submission No. B 113/97 the applicant, Scott Sinclair, is proposing to sever a parcel of land having an area of 0.01 hectares, 0.025 acres along the Grand Hill Drive frontage of his property to be added to the abutting lands. In Submission No.'s B 114/97 - B 116/97 the owner is requesting permission to create three lots, each having frontage on Grand Hill Drive, as follows: Submission No. B 114/97 Lot Width: Lot Depth: Lot Area: 35.96 m (118 ft.) Irregular 0.523 hectares (1.29 acres) Submission No. B 115/97 Lot Width: 32 m (105 ft.) COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Lot Depth: Lot Area: 111 m (364.17 ft.) 0.435 hectares (1.07 acres) Submission No. B 116/97 Lot Width: Lot Depth: Lot Area: 35.05 m (115 ft.) 114 m (374.01 ft.) 0.469 hectares (1.16 acres) The lands to be severed in Submission No. B 113/97 (S. Sinclair) will be added to the lot to be created in Submission No. B 116/97. In Submission No. B 117/97 the applicant is requesting permission to sever a parcel of land having an area of 0.046 hectares (0.11 acres) as a lot addition. This land is located immediately behind the property at 1 The Kirksway and will be added to that property. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised together, these five severance applications propose to subdivide a protion of the larger Kirkpatrick estate lands so as to create two additional lots fronting Grand Hill Drive, and reconfigure an adjacent lot fronting The Kirksway. Specifically, Applications B-114-116 reporesent a reconfiguration of Lots 33, 34 and 41 of Registered Plan 782, including a small protion of other lands owned by the estate adjacent to Lot 41, all to create three lots, shown as Blocks 1, 2 and 3 on the proposed plan of severance submitted with the application. Application B-117/97 requests that block 4 be severed and added to the adjacent property addressed as 1 The Kirksway, owned by Scott Sinclair. Application A-113/97 seeks approval to sever a small piece of land (Block 2) from the Sinclair property to be added to the estate lands, forming part of the third lot. the lands to be severed are zoned R-2 with special regulation 233, requiring increased lot width, setbacks, and lot area, in recognition of the larger lots in Grand Hill Village which developed under the former Township of Waterloo zoning By-law. Staff are advised by the applicants that the existing dwelling is located entirely within Lot 33, RP 782, and as such, the lots are in full compliance with the zoning by- law and the proposed lot lines do not create any minor variances relative to any existing structures. The new lot lines are more desirable than the registered lots, as two of the three lots in the existing registered plan do not meet the 30 metre lot width. The lands to be retained, approximately 5 hectares in size, extend into the undeveloped portion of the community, their long term development has been taken into account in the approval of plans of subdivision abutting the retained lands. Matters such as appropriate zone boundaries, holding access have been fully considered and planned for in the comprehensive planning process for Pioneer Tower West. Access to the retained lands would be gained from Grand Hill drive until a plan of subdivision is registered on the retained lands providing suitable access for future development. It should be noted that a portion of the rear of Blocks 1 and 2 is zoned P-2 (Open Space Zone) in recognition of the Regulatory Fill Line as set out under Schedule 11 prepared by the Grand River Conservation authority and proximity to ESPA 73. As such, within this portion of each lot, no residential use or accessory use thereto may be developed. The severances allow for the appropriate lotting pattern and infilling of the Grand Hill Village subdivision in accordance with the new zoning regulations for the community, while allowing the remainder of the COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 estate lands to be properly planned through the subdivision process. As such, the severances are all appropriate and desirable for the future development of the community. The Department of Planning and Development recommends as follows: A. That Applications B 114-116/97 be approved subject to the following condition: That Council pass a by-law deeming Lots 33, 34 and 41 of Registered Plan 782 not to be a registered plan. B. That Application B 113/97 be approved subject to the following condition: That the lands to be severed by added to the abutting land scrfeated through application B 116/97, and title be taken in dientical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd That applications B 115/97 (Block 2) and B 116/97 (Block 3) be approved subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramp, on the severed 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. D. That Application B 117/97 (Block 4) be approved subject to the following condition: That the lands to be severed be added to the abutting lands addressed as 1 The Kirksway and title be taken in identical ownership as the butting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that in their comments of October 2, Regional staff expressed a concern regarding the potential impact of these applications on Environmentally Sensitive Policy Area No. 73 (Grandview Hills). This concern was based primarily on the proximity of the proposed lots to the ESPA and the possibility that the lots could adversely affect the continuous portion of the ESPA through disruption of local hydrology and hydrogeology. To address this concern, Regional staff recommended that approval of the applications be subject to the submission and review of an environmental impact statement in accordance with Policy 4.3.13 of the Regional Plan, to determine if any mitigative measures would be required in developing the subject lands. In a follow-up letter dated October 7, Regional staff raised two additional concerns; the first related to the site's high archaeological potential and the second to the suitability of proposed Lots 2 & 3 for private septic systems in the absence of site-specific geotechnical information supplied to the Region in support of these applications. To address the first concern, staff requested the submission of an archaeological assessment as a condition of the approval of the application. With respect to the second issue, staff requested the applicant to provide a sketch to the Region detailing the location and envelope of the existing septic system on proposed Lot 1 as well as the future septic systems on Lots 2 & 3. Subsequent to raising these concerns, Regional staff have inspected the site and identified a water feature located towards the rear of proposed Lot 1 and a potential ground water discharge area on Lot 2. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Given that the Kirkpatrick residence and a septic system are already located on Lot 1, Regional staff are primarily concerned with the potential discharge area on Lot 2. This proposed lot has a small level area near Grand Hill Drive that would be suitable for a building envelope. The site slopes rather steeply to a broad and relatively level field towards the rear of the proposed lot. At the base of the slope, staff observed a small patch of cattails, purple Ioosestrife and some adjacent red-osire dogwood. Although staff did not observe a channel flowing into or out of this area, they suspected that given the species growing there and its location at the base of a sandy upland, this potential discharge area could be connected to the water feature on Lot 1 and that both features may together form part of a natural ground water conveyance system that sustains ESPA No. 73. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd The potential ground water discharge area is located immediately behind or within the likely building envelope on proposed Lot 2. As such, Regional staff are now concerned that a septic system developed in this constraint area could break out in times of natural ground water discharge or high water levels and create a health hazard and potential annoyance to future residence and adjoining properties. In addition, if this area is part of a natural ground water conveyance system that sustains the ESPA, any placement of fill within this area could adversely impact ESPA by disrupting ground water discharge. In reviewing applications for consent, Regional staff require the submission of geotechnical study for all lots smaller than 1 acre. This information is required before staff can issue a recommendation for approval to ensure that smaller lots can in principle be serviced. Although each of the lots proposed under the current applications is larger than 1 acre, we are concerned that the configuration of proposed Lot 2 may not represent the most appropriate size and layout given the location of the potential ground water discharge area. Should this feature require protection, the Committee of Adjustment may need to amend the application prior to granting approval. They recommended that consideration of these applications be deferred until such time as the applicant either submits a scoped environmentally impact statement or submits a geotechnical report to the satisfaction of the Community Health Department. The Committee also considered the comments of the Regional Municipality of Waterloo, Department of Planning & Culture, dated November 14, 1997 in which they advised that the applicants recently retained England Naylor Engineering Ltd. to prepare a report on the servicing and environmental issues raised by Regional staff in reviewing the proposed lots. This report, which represents a combined hydrogeological/geotechnical/environmental impact statement was submitted for review on November 11, 1997. The Region's Community Health Department as reviewed the sections of the report pertaining to servicing and is satisfied that soil conditions on proposed Lots 1 & 2 are suitable for the installation of private septic systems. This conclusion is supported by the presences of native sands in the areas north of the water features and measured depths to ground water. Based on the forgoing information Regional staff are satisfied that proposed Lots 1 & 2 can, in principle, be adequately serviced by individual septic systems. The Community Health Department reserves the right to set design standards and/or request a professional engineers design for any sewage disposal system proposed for these lots. Regional staff therefore have no objection to the approval of these applications for consent subject to two conditions. The Chairman noted the changed conditions in the report of the Department of Planning & Development being the withdrawal of the parkland dedication and the inclusion of the deeming bylaw. Mr. D. McKnight questioned whether the Committee had the ability to bind Council in this way and Ms. J. Given noted that it would not be binding Council but that the consents could not go through if the deeming bylaw is not approved. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Mr. B. Toderian addressed the Committee advising that, in these applications, the number of pieces of land are being moved around to get a better configuration. He advised the Committee that he has considered the recommended conditions of staff and that he had a concern with the deeming by-law but it is a matter of timing and he didn't want a situation where the development rights of the applicant have been eliminated. He requested that the condition to have the deeming by-law passed by Council be coincident with the stamping of the deed. Mr. D. McKnight questioned the condition and whether it had been approved by the Legal Department. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd Mr. J. Gothard stated that he believed this Committee has the right to impose this condition; although he was not aware that the Planning Act allows for it to apply to only certain lots in a plan. Ms. J. Given read, from the Planning Act, the section that supports the staff recommended condition for the deeming bylaw. Mr. A. Galloway questioned whether the applications, once approved, would reduce the frontage on Block 5. Ms. J. Given advised that Block 5 was a separate parcel and there is a proposal to run a street into Part 5 from the abutting plan of subdivision. Mr. A. Galloway put forward a motion to approve all of these applications subject to all City and Regional conditions which was seconded by Mr. D. McKnight. Mr. W. Dahms questioned condition no. 1 being the passage of the deeming by-law stating that the applicant still has concerns with this condition. Ms. J. Given responded that this is an important legal matter and they do not want the by-law to be passed immediately prior to deed endorsement. Mr. B. Toderian advised that his only concern is that if Council passes a deeming by-law and then the applicant chooses not to go through with the consents, they would have lost development rights. Submission No. B 113/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Scott Sinclair requesting permission to convey a parcel of land having an area of 0.01 hectares (0.025 acres) as a lot addition on Part Lot 10, Beasley's Broken Front Concession and Part Lot 41, Registered Plan 782, 1 The Kirksway, Kitchener, Ontario BE GRANTED subject to the following condition: That the lands to be severed in this application shall be added to the abutting lands, created through Submission No. B 116/97 and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance with the parcel to be severed complying with subsections 50 (3) and/or (5) of the Planning Act. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being November 18, 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. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 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 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd Submission No. B 114/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Linda Knowles requesting permission to convey a parcel of land having a width of 35.96 m (118 ft.) and having an area of 0.523 hectares (1.29 acres) on Parts of Lot 9 & 10, Beasley's Broken Front Concession and Lots 33, 34 and 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That Council pass a by-law deeming Lot 33, 34 & 41 of Registered Plan 782 not to be a Registered Plan. That the Scoped Hydro Geological/Geotechnical/ Environmental impact statement prepared by England Naylor Engineering Limited in support of this application, be approved in a form acceptable to the Regional Commissioner of Planning & Culture. Should the approved ElS demonstrate that the water features located on proposed Lots 1 & 2 are related to the continuous portion of ESPA No. 73, the applicant shall enter into an agreement with the Regional Municipality of Waterloo in which they applicant agrees to develop the site in accordance with any required mitigative measures to sustain and protect the ground water discharge function of the ESPA. That prior to any grading, a consultant archaeologist shall conduct an archaeological survey and rescue excavation of any significant archaeological remains found on the sites, at the expense of the applicant. 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 November 18, 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 115/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 That the application of Linda Knowles requesting permission to convey a parcel of land having a width of 32 m (105 ft.) by a depth of 111 m (364.17 ft.) and an area of 0.435 hectares (1.07 acres) on Parts of Lot 9 & 10, Beasley's Broken Front Concession and Lots 33, 34 and 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That Council pass a by-law deeming Lot 33, 34 & 41 of Registered Plan 782 not to be a Registered Plan. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd Submission No. B 115/97 - cont'd That the owner shall make financial arrangements, to the satisfaction to 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 of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the Scoped Hydro Geological/Geotechnical/ Environmental impact statement prepared by England Naylor Engineering Limited in support of this application, be approved in a form acceptable to the Regional Commissioner of Planning & Culture. Should the approved ElS demonstrate that the water features located on proposed Lots 1 & 2 are related to the continuous portion of ESPA No. 73, the applicant shall enter into an agreement with the Regional Municipality of Waterloo in which they applicant agrees to develop the site in accordance with any required mitigative measures to sustain and protect the ground water discharge function of the ESPA. That prior to any grading, a consultant archaeologist shall conduct an archaeological survey and rescue excavation of any significant archaeological remains found on the sites, at the expense of the applicant. 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 November 18, 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 116/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Linda Knowles requesting permission to convey a parcel of land having a width of 35.05 m (115 ft.) by a depth of 114 m (374.01 ft.) and an area of 0.469 hectares (1.16 acres) on Parts of Lot 9 & 10, Beasley's Broken Front Concession and Lots 33, 34 and 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 That Council pass a by-law deeming Lot 33, 34 & 41 of Registered Plan 782 not to be a Registered Plan. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd That the owner shall make financial arrangements, to the satisfaction to 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 of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the Scoped Hydro Geological/Geotechnical/ Environmental impact statement prepared by England Naylor Engineering Limited in support of this application, be approved in a form acceptable to the Regional Commissioner of Planning & Culture. Should the approved ElS demonstrate that the water features located on proposed Lots 1 & 2 are related to the continuous portion of ESPA No. 73, the applicant shall enter into an agreement with the Regional Municipality of Waterloo in which they applicant agrees to develop the site in accordance with any required mitigative measures to sustain and protect the ground water discharge function of the ESPA. That prior to any grading, a consultant archaeologist shall conduct an archaeological survey and rescue excavation of any significant archaeological remains found on the sites, at the expense of the applicant. 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 November 18, 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 117/97 Moved by Mr. A. Galloway Seconded by Mr. D. McKnight That the application of Linda Knowles requesting permission to convey a parcel of land having a area of 0.046 hectares (1.11 acres) as a lot addition on Parts of Lot 9 & 10, Beasley's Broken Front Concession and Lots 33, 34 and 42 and Part Lot 41, Registered Plan 782, 100 Grand Hill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the lands to be severed in this application shall be added to the abutting lands, addressed as 1 The Kirksway and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Subsections 50 (3) and/or (5) COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 of the Planning Act. 2. Submission No. B 113/97 - Scott Sinclair - cont'd - and - Submission No.'s B 114/97 - B 117/97 - Linda Knowles - cont'd Submission No. B 117/97 - cont'd That the Scoped Hydro Geological/Geotechnical/ Environmental impact statement prepared by England Naylor Engineering Limited in support of this application, be approved in a form acceptable to the Regional Commissioner of Planning & Culture. Should the approved ElS demonstrate that the water features located on proposed Lots 1 & 2 are related to the continuous portion of ESPA No. 73, the applicant shall enter into an agreement with the Regional Municipality of Waterloo in which they applicant agrees to develop the site in accordance with any required mitigative measures to sustain and protect the ground water discharge function of the ESPA. That prior to any grading, a consultant archaeologist shall conduct an archaeological survey and rescue excavation of any significant archaeological remains found on the sites, at the expense of the applicant. 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 November 18, 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.'s B 118/97 & B 119/97 - 1148386 Ontario Inc., 374 Hamilton Road, P.O. Box 580, New Hamburg, Ontario Re: Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 & 5, Municipal Compiled Plan 1022, 245 Strasburg Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Toderian 171 Victoria Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 At the request of the Department of Planning & Development and with the concurrence of Mr. B. Toderian the Committee agreed to defer consideration of these applications to the meeting schedule for Tuesday January 27, 1998. Re: Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario, 265 Westmount Road North, Waterloo, Ontario Lots 5 - 7, Registered Plan 401 and Part Lots 6 & 7, Registered Plan 339, 100 Duke Street West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Voisin 421 Greenbrook Drive Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that in Submission No.'s B 122/97 - B 124/97 the applicant is proposing to sever the property, bounded by Duke Street, Weber Street, College Street and Young Street, into four parcels of land, subject to rights-of-way and easements for water service and hydro. The lots will have the following dimensions: Submission No. B 122/97 Lot Width (Duke Street): Lot Depth (Young Street): Lot Area: 37.466 m (122.91 ft.) 56.476 m (185.28 ft.) 2,058 m2 (22,152.8 sq. ft.) Submission No. B 123/97 Lot Width (Duke Street): Lot Depth (College St.): Lot Area: 50.491 m (165.65 ft.) 20.544 m (67.4 ft.) 973 m2 (10,473.62 sq. ft.) Submission No. B 124/97 Lot Width (College St.): Lot Depth: Lot Area: 40.78 m (133.79 ft.) 22.67 m (74.37 ft.) 904.98 m~ (9,741.44 sq. ft.) Retained Lands Lot Width (Weber Street): Lot Depth: Lot Area: 96.061 m (315.16 ft.) 87.6 m (287.4 ft.) 8,412.96 m~ (90,559.31 sq. ft.) The Committee also noted that in Submission No.'s A 145/97 & A 146/97 the applicant is requesting permission not to provide off-street parking for the two proposed lots containing the two buildings at the COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 corner of Duke & College Streets. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is the site of the former St. Jerome's High School, and occupies the entire block bounded by Duke Street, College Street, Weber Street and Young Street. The school building comprises structures built in 1907 (facing Duke Street), 1909 (facing College Street), 1957 (at College and Weber Streets) and 1964 (at the centre of the site). There is also a residential building at the corner of Duke and Ontario Streets. Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd The applicant requests consent to sever the 1907 building, the 1909 building, and the residential building each on a separate lot. There is no specific proposal for use of the two older school buildings. The residential building, with its associated parking area, is proposed to be used as apartments. The retained land, containing the two newer school buildings, sports field and the remainder of the parking spaces, will continue to be used by St. Mary's High School. The proposal was previously deferred to allow for consideration of an application for variance from zoning by-law requirements for on-site parking. Each of the proposed lots would be subject to and together with rights-of-way which also form part of the consent request. Notes on the severance sketch refer to eave encroachment and maintenance easements; however, their extent is not shown. The applicant has been asked to clarify the extent of such easements; the standard 1.5 metre width would appear to be insufficient for maintenance access for these multi-storey buildings. A proposed easement, for an existing water service through the basement of the 1907 building to the 1964 building, is not recommended by staff, as such a connection through another property would be contrary to the Ontario Building Code. The 1964 building is physically connected to, and will remain on the same lot as, the 1957 building; however, the water services for the two buildings are independent of each other. The property is designated under the Ontario Heritage Act as being of historic and architectural value, by By-law 93-43 which is registered on title of the entire property. This by-law would continue to be registered on title of all four lots resulting from the consent applications, even though the reasons for the heritage designation pertain only to the exterior of the 1907 and 1909 buildings and the theatre interior to the 1909 building. The zoning by-law contains a holding provision which limits use of the 1907, 1909 and 1964 buildings to educational establishment, until such time as a heritage easement is registered. Variance Submissions A 145/97 and A 146/97 request reduction in the number of required parking spaces to zero for both the 1907 and 1909 buildings. For existing buildings in the D-4 Zone, the by-law requirement for on-site parking is the lesser of (1) the number of existing parking spaces, or (2) the number of spaces required by Section 6.1 for Downtown Zones (the latter requirement varies depending on the proposed use of the buildings). The general intent of the by-law is to allow for conversion of existing buildings without requiring additional parking spaces. In the case of lands being severed, the requirement is the number of existing parking spaces proportionate to the area of existing floor space on each proposed lot. There are now 76 parking spaces on the lot. The 1907 building comprises 25% of the total gross floor area on site, and the 1909 building 23%. The number of parking spaces required by the by-law is 19 and 18 respectively. Two alternatives are available which would eliminate the need for the variances. An off-site parking agreement may be registered on title of the retained lot and/or the residential lot, which would commit existing parking spaces for the exclusive use of occupants of the 1907 and 1909 buildings. However, this is an encumbrance which is unacceptable to the purchasers of the residential building. The option to pay cash-in-lieu of parking is available for all Downtown properties. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Normally, staff would have serious concerns about creating a lot which has no on-site parking. However, the official plan includes policies which promote the adaptive reuse of existing buildings, with emphasis on retention and reuse of heritage buildings. The reduction of on-site parking requirements may be considered as an incentive for adaptive reuse. There are several factors which make the proposed variances acceptable. Firstly, the buildings are designated under the Heritage Act, which means a higher priority is placed on their conservation and reuse, rather than their demolition and replacement with buildings having on-site parking and lesser building coverage. Secondly, the Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd site is adjacent to the D-1 (Retail Core) Zone in which no on-site parking is required for existing buildings. Thirdly, there are opportunities for off-site parking, including municipal parking facilities, within a short distance of each of the sites. The general intent and purpose of the zoning by-law and official plan are maintained as there is currently very little on-site parking provided specifically for these existing buildings. Furthermore, official plan policies promote reduction of parking requirements as an incentive for the conservation and adaptive reuse of heritage resources. The impact of the variance is expected to be minor as there are opportunities for off-street parking close by, and adjacent lands zoned D-1 require no on-site parking for existing buildings. The variances are desirable for the appropriate use of the buildings, as they allow for the severance, sale and adaptive reuse of the buildings which are not now used by the school, while the retained lands would continue to be used for school purposes. The Department of Planning and Development recommends approval of Submissions A 145/97 and A 146/97, subject to the variance being applicable only to those uses within buildings existing on the date of the application. The Department of Planning and Development recommends approval of Submissions B 122/97, B 123/97 and B 124/97, save and except the requested water service easement through Parcel 2, subject to the following conditions: That Minor Variance Submissions A 145/97 and A 146/97 receive final approval, prior to the endorsement of severance documents for B 123/97 and B 124/97 only. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of any necessary new service connections to each of the severed lands and retained lands, and for the removal of redundant service connections. That the owner make arrangements to the satisfaction of the City's Chief Building Official for the elimination of service connections between proposed lots, and, where necessary, reconnection of buildings to the new service connections required in condition 2 above. That a draft reference plan showing the proposed eave encroachment and maintenance easements be approved by the Director of Community Planning, Development and Design. That a joint maintenance agreement, to be approved by the City Solicitor, be registered against title of both the severed and retained lands, to ensure that rights-of-way for access to both properties are maintained in perpetuity. That 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 in which he advised that an architect shall ensure that the "blocking in" of the existing doorways, to create separation between the buildings, does not adversely affect the exiting of both buildings. Remedial measures, including the addition of new exit stairs will need to be undertaken. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that these applications request permission to divide this property into four parcels of varying sizes. The severance COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 of this property would create unsatisfactory electrical servicing conditions and they requested that, as a condition of approval, the applicants be required to arrange for easements and suitable electrical servicing for each proposed parcel. Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that, at this location, Weber Street has an existing road allowance width of 66 ft. and a designated width of 86 ft.; therefore, the Region will require a 10 ft. road widening along the Weber Street frontage of this property as a condition of these applications. This road widening is consistent with other road widenings obtained by the Region for properties in this area. The road widening is required for future road widening of Weber Street and for future sidewalk and utility locations. The applicant will also be required to relocate the existing chainlink fence on Weber Street to the new property line following dedication of the new road widening. In addition, a 25 ft. daylighting triangle is required at the intersections of Weber Street and College Street, Weber Street and Young Street and Duke Street and Young Street. The Committee noted the comments of the Traffic & Parking Division, with respect to submission no.'s A 145/97 and A 146/97 in which they advised that with respect to the request to provide no on-site parking for the severed parcels, it is noted that depending on the future uses of the buildings, there is no guarantee that parking needs can be accommodated at the City parking facilities in the immediate vicinity and that our ability to accommodate this parking in other areas of the downtown is questionable. This could also pose a problem in the term of the marketability of future uses on this property. The cash-in- lieu policy maybe applicable as an option to on-site parking; however, this would not resolve the issue of parking shortage in the area. Mr. G. Voisin addressed the Committee and provided colour coded copies of a severance plan showing each proposed severed parcel, the retained lands and the areas to be subject to easements and rights-of- way. He also requested permission to amend Submission No. B 124/97, the 1909 Theatre Building, so as to have a rearyard of 4 m rather than the 1.83 m originally proposed. Mr. Voisin then explained the easements required. He advised that the 1909 and 1907 buildings overhang each other and that the surveyor will have to do a three dimensional reference plan to demonstrate all of these overhangs. The Chairman then noted the concerned raised in the comments of the Traffic & Parking Division and questioned whether the playing field would be available for parking. Mr. Voisin responded that the Board of Education leases that property and they have established the parking they need. The Chairman then questioned whether these conveyances are somewhere in the distance and Mr. Voisin responded that there are proposed purchases for these lots. The Chairman then noted the historic designations on this property and Mr. Voisin responded that the designations are on the Duke and College buildings. He explained that they have applied for a demolition permit but have agreed not to do so as long as it does not cost the owners any money to keep the building. He advised that if the owner wanted, they could go to the next Council meeting and get a demolition permit. Mr. A. Galloway commented on the staff recommended condition for parking. Mr. Voisin noted that it would not be possible to provide any parking for these buildings regardless of the use they are put to. Mr. A. Galloway then questioned what arrangements have been made for parking. Mr. Voisin noted that parcel A will have no change of use and that parcel B & C have no way to provide parking on site. Mr. Voisin stated that if the Friends of St. Jerome's don't go through with their plans for the theatre building, then the owner will proceed with the demolition and they can provide parking on that site for the other building. They then reviewed the rights-of-way as requested in the application and the easements and Ms. J. Given advised that staff are not recommending the easements over Part B and what they want, as a condition of severance, is the installation of a new connection. Mr. W. Dahms then asked for a clarification with respect to the water service to the retained lands and Ms. J. Given advised that a new water service is being requested but it will still come in from Duke Street and not through the future lot. COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd Submission No. B 122/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of The Congregation of The Resurrection in Ontario requesting permission to convey a parcel of land having a width along Duke Street of 37.466 m (122.91 ft.) by a depth along Young Street of 56.476 m (185.28 ft.) and having an area of 2058 m2 (22,152.8 sq. ft.); subject to a hydro easement and together with a right-of-way over "Parcel 8", as shown on the severance sketch dated Revised November 14, 1997, on Lot 5 - 7, Plan 401 and Part Lot 6 & 7, Plan 399, 100 Duke Street West, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for easements and suitable electrical servicing for the severed and retained lands. That the owner shall convey to the Region of Waterloo, without cost and free encumbrance, a 10 ft. road widening along the Weber Street frontage of the retained lands and 25 ft. daylighting triangles at the following intersections; Weber Street and College Street, Weber Street and Young Street and Duke Street and Young Street. That the owner shall make financial arrangements to the satisfaction to the City's General Manager of Public Works for the installation of any necessary new service connections to each of the severed lands and retained lands and for the removal of redundant service connections. That the owner shall make arrangements to the satisfaction of the City's Chief Building Official for the elimination of service connections between proposed lots and, where necessary, reconnection of buildings to the new service connections required in Condition No. 3 above. That the owner shall obtain approval from the City's Director of Community Planning, Development and Design, of a Draft Reference Plan showing the proposed eave encroachments and maintenance easements. That the owner shall obtain the approval of the City Solicitor for a joint maintenance agreement, which shall be registered against the title of both the severed and retained lands, to ensure the 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 November 18, 1999. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd Submission No. B 123/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of The Congregation of The Resurrection in Ontario requesting permission to convey a parcel of land having a width along Duke Street of 50.49 m (165.65 ft.) by a depth along College Street of 20.544 m (67.4 ft.) and having an area of 973 m2 (10,473.62 sq. ft.); subject to rights-of-way over "Parcel 3" and together with rights-of-way over "Parcels 4, 6 & 8" as shown on the severance sketch dated Revised November 14, 1997, and subject to and together with maintenance easements, on Lot 5 - 7, Plan 401 and Part Lot 6 & 7, Plan 399, 100 Duke Street West, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for easements and suitable electrical servicing for the severed and retained lands. That the owner shall convey to the Region of Waterloo, without cost and free encumbrance, a 10 ft. road widening along the Weber Street frontage of the retained lands and 25 ft. daylighting triangles at the following intersections; Weber Street and College Street, Weber Street and Young Street and Duke Street and Young Street. That the owner shall make financial arrangements to the satisfaction to the City's General Manager of Public Works for the installation of any necessary new service connections to each of the severed lands and retained lands and for the removal of redundant service connections. That the owner shall make arrangements to the satisfaction of the City's Chief Building Official for the elimination of service connections between proposed lots and, where necessary, reconnection of buildings to the new service connections required in Condition No. 3 above. That the owner shall obtain approval from the City's Director of Community Planning, Development and Design, of a Draft Reference Plan showing the proposed eave encroachments and maintenance easements. That the owner shall obtain the approval of the City Solicitor for a joint maintenance agreement, which shall be registered against the title of both the severed and retained lands, to ensure the 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. 8. That the owners shall receive final approval of Submission No.'s A 145/97 & A 146/97. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being November 18, 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. Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No. B 123/97 -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 124/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of The Congregation of The Resurrection in Ontario requesting permission to convey a parcel of land having a width on College Street of 40.78 m (133.79 ft.) by a depth of approximately 24.84 m (81.5 ft.) and having an area of 973.55 m2 (10.479.55 sq. ft.); subject to rights-of-way over "Parcel 4" and together with rights-of-way over "Parcels 3, 6 & 7" as shown on the severance sketch dated Revised November 14, 1997, and subject to and together with maintenance easements, on Lot 5 - 7, Plan 401 and Part Lot 6 & 7, Plan 399, 100 Duke Street West, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for easements and suitable electrical servicing for the severed and retained lands. That the owner shall convey to the Region of Waterloo, without cost and free encumbrance, a 10 ft. road widening along the Weber Street frontage of the retained lands and 25 ft. daylighting triangle at the following intersections; Weber Street and College Street, Weber Street and Young Street and Duke Street and Young Street. That the owner shall make financial arrangements to the satisfaction to the City's General Manager of Public Works for the installation of any necessary new service connections to each of the severed lands and retained lands and for the removal of redundant service connections. That the owner shall make arrangements to the satisfaction of the City's Chief Building Official for the elimination of service connections between proposed lots and, where necessary, reconnection of buildings to the new service connections required in Condition No. 3 above. That the owner shall obtain approval from the City's Director of Community Planning, Development and Design, of a Draft Reference Plan showing the proposed eave encroachments and maintenance easements. That the owner shall obtain the approval of the City Solicitor for a joint maintenance agreement, which shall be registered against the title of both the severed and retained lands, to ensure the 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. 8. That the owners shall receive final approval of Submission No.'s A 145/97 & A 146/97. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being November 18, 1999. Submission No.'s B 122/97 - B 124/97 - The Congregation of The Resurrection in Ontario - cont'd Submission No. B 124/97 -cont'd COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. A 145/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of The Congregation of Resurrection in Ontario requesting permission to provide 0 off-street parking spaces for the parcel of land to be created through Submission No. B 123/97 rather than the required 19 off-street parking spaces on Lots 5 - 7, Plan 401 and Part Lots 6 & 7, Plan 399, 100 Duke Street West, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to any use (s) in the buildings as they exist on the date of this decision. 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 146/97 Moved by Mr. A. Galloway Seconded by Mr. W. Dahms That the application of The Congregation of Resurrection in Ontario requesting permission to provide 0 off-street parking spaces for the parcel of land to be created through Submission No. B 124/97 rather than the required 18 off-street parking spaces on Lot 5 - 7, Plan 401 and Part Lots 6 & 7, Plan 399, 100 Duke Street West, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to any use (s) in the buildings as they exist on the date of this decision. 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 APPLICATIONS COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Submission No.'s B 128/97- Street, Reinhold Dresler, In Trust, 165 Albert Waterloo, Ontario Re: Part Lot 49, Registered Plan 393, 112 St. George Street, Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. R. Dresler 165 Albert Street Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Mr. S. Baal 116 St. George St Kitchener, Ontario Mr. E. Borch 33 Peter St Kitchener, Ontario Cedar Hills Community Group 216 Mill Street Kitchener, Ontario The Committee was advised the applicant is requesting permission to convey_ a part of land having a width of 12.5 m (41 ft.) by a depth of 22.8 m (74.81 ft.) and an area of 285 m2 (3,067.82 sq.ft) as a lot addition to the parking lot a 101 Church Street. The Committee was in receipt of a report from the Department of Planning and Development recommending that consideration of this application be deferred pending a zone change application and official plan amendment. The Committee noted that there were several residents in the audience in addition to Mr. Borch and Mr. Baal who submitted the letters of opposition. The Chairman addressed Mr. Dresler advising of the recommendation before them, that consideration of this matter be deferred pending a zone change and an official plan amendment and he questioned whether Mr. Dresler had an objection. Mr. Dresler advised that he had attended at City Hall to complete the application and there were no problems pointed out to him at that time. He questioned whether it would be worth his time to do all those applications if the Committee of Adjustment would ultimately refuse his request. The Chairman advised that the attitude of this Committee is not to deal with any applications until the issues of zoning and official plan compliance are complete. He stated that it was in the applicant's interest to defer this matter, as requested by the Department of Planning and Development. It was generally agreed by the Committee that consideration of Submission B 128/97 be deferred until the Committee of Adjustment meetings scheduled for June 30, 1998, in order to allow the applicant an opportunity to submit applications for official plan amendment and zone change. Submission No. B129/97 - Edgar & Shirley Harvey, 14 Jean Avenue, Kitchener, Ontario Part Lot 39, Registered Plan 1074, 14 Jean Avenue, Kitchener, Ontario At the request of the Department of Planning and Development and the applicant's agent the Committee has agreed to defer consideration of this matter to the meeting scheduled for December 9, 1997 pending the submission and circulation of an Application for Minor Variance. Submission No. B 132/97 & B 133/97 - MacDonald Aluminum Siding Limited, 125 Weber Street West, Kitchener, COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 Ontario Re: Part Lot 39, Registered Plan 1074, 14 Jean Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Morrison and Mr. G. MacDonald 125 Weber Street West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever 2 parcels of land to be added to the 2 abutting properties fronting Breithaupt Street. The land is to be severed abutts the CN Rail Line. The Committee noted the comments of the Department of Planning & Development, with respect to Submission No. B 132/97, in which they advised that the subject lands, consisting of two separate properties, are located at the southeast corner of Weber Street and Breithaupt Street, are designated General Industrial in the City's Municipal Plan and are zoned General Industrial Zone (M-2) according to Zoning By-law 85-1. The applicant, MacDonald Aluminum Limited, is requesting consent to sever the larger property located at 125 Weber Street West (at the corner of Breithaupt Street and Weber Street), so that the lands may be conveyed as a lot addition to the abutting property located at 113 Breithaupt Street. The intent of the consent application is to rationalize the property configuration so that each separate property will have frontage on Breithaupt Street and adequate off-street parking available at the rear of the building. The lands are presently developed with two industrial buildings. The building located on the lands to be severed accommodates a contractors/tradesmans establishment and a manufacturing use. The building on the lands to be retained accommodate a repair service and a manufacturing use. All zoning and parking requirements are maintained for the severed and the retained lands. Accordingly, the Department of Planning and Development recommends that the consent application be approved. The Department of Planning and Development recommends that Consent Application B 132/97 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. That the lands to be severed be added to the abutting lands at 113 Breithaupt Street and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. The Committee also noted the comments of the Department of Planning and Development, concerning Submission No. B 133/97, in which they advised that the subject lands consist of two separate properties and are located at the southeast corner of Weber Street and Breithaupt Street. The lands are designated General Industrial in the City's Municipal Plan and are zoned General Industrial Zone (M-2) according to Zoning By-law 85-1. The applicant, MacDonald Aluminum Limited, is requesting consent to sever the larger property located at 125 Weber Street West (at the corner of Breithaupt Street and Weber Street), so that the lands may be conveyed as a lot addition 3. Submission No. B 132/97 & B 133/97 - MacDonald Aluminum Siding Limited - cont'd COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 to the abutting property located at 123 Breithaupt Street. The intent of the consent application is to rationalize the property configuration so that each separate property will have frontage on Breithaupt Street and adequate off-street parking available at the rear of the building. The lands are presently developed with a large industrial building which extends across the existing property line. The proposed severance would maintain much of the existing property line but would establish a new property line within the rear portion of the building. The portion of the building to be severed accommodates a building and decorating supply sales use and a manufacturing use while the portion of the building to be retained accommodates a repair service and a manufacturing use. An existing concrete block wall, capable of maintaining appropriate fire compartmentalization, is located along the entire length of the proposed property line within the building. Since the properties are to be held in separate title, the creation of a new property line within the existing building would require approval of a minor variance to reduce the side yard setback from 1.2 metres to '0' metres on both the severed and retained parcels. With the exception of the side yard setback, all other zoning and parking requirements are maintained. Accordingly, the Department of Planning and Development recommends that the consent application be approved conditional upon the applicant applying for and receiving approval of necessary minor variances. The Department of Planning and Development recommends that Consent Application B 133/97 be approved subject to the following conditions: That the owner apply for and receive final approval of a Minor Variance to reduce the left side yard requirement for the lands to be severed and the right side yard for the lands to be retained from 1.2 metres to 0 metres. That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. That the lands to be severed be added to the abutting lands at 123 Breithaupt Street, and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. The Chairman questioned whether the applicant had read the staff reports and whether or not he agreed with the conditions recommended by staff and Mr. Morrison advised that he had read the report and he is in agreement. The Chairman questioned whether it was premature to deal with these applications prior to seeing the Applications for Minor Variance. He noted that that there will be a differet Committee and it may be that they will deal with the matter differently. He stated that it was better if all the matters were dealt all at once. Mr. J. Given noted that Submission No. B 132/97 does not need a minor variance so it could be dealt with at this meeting. She also noted that, with respect to Submission No. B 133/97, the Committee should consider whether a severance through the existing building is appropriate. Also, she noted that the applicant must be prepared to accept a consent approval with no guarantee of a minor variance approval. Mr. W. Dahms stated that, looking at the sketch submitted, the request is not obvious. He recommended deferral of all the applications to be dealt with as one package, along with Applications for Minor Variance. It was agreed by the Committee that consideration of these applications be deferred to the Committee's meeting scheduled for December 9, 1997, in order to have them considered along with the required Applications for Minor Variance. 3. Submission No. B 132/97 & B 133/97 - MacDonald Aluminum Siding Limited - cont'd COMMITTEE OF ADJUSTMENT NOVEMBER 18, 1997 The Chairman stated that the Committee's practice and policy has been to look at Minor Variances and Consents on the same property as one packet and that these applications should be dealt with by the same Committee. Mr. W. Dahms stated that the sketch provided with the application is not very good and he could not easily see what was being requested by the applicant. He requested a better plan be submitted. 4. Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd., 671 Warden Avenue, Scarborou.qh, Ontario Re: Block H, Registered Plan 1246, 170 Kingswood Drive, Kitchener, Ontario. The Committee was in receipt of a request from the applicant's agent to defer consideration of these applications to the meeting to be held on December 9, 1997 and the Committee agreed with this request. ADJOURNMENT On Motion, the meeting adjourned at 11:30 a.m. Dated at the City of Kitchener this 18th day of November 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment