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HomeMy WebLinkAboutAdjustment - 1998-01-06COA\1997-01-06 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 6, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. P. Kruse, A. Galloway, S. Kay, and W. Dahms. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. APPOINTMENT OF CHAIR AND VICE-CHAIR: Moved by Mr. A. Galloway Seconded by Mr. S. Kay That Mr. W. Dahms be appointed Chair of the Committee of Adjustment for a term to expire November 30, 1998. Carried Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That Mr. S. Kay be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 1998. Carried O.A.C.A. and Municipal World Moved by Mr. A. Galloway Seconded by Mr. S. Kay That Ms. S. Campbell, Messrs. W. Dahms, S. Kay, P. Kruse and A. Galloway be permitted memberships in the Ontario Association of Committees of Adjustment and Consent Authority for 1998, at an estimated, total cost of $350.00. Carried Moved by Mr. S. Kay Seconded by Mr. W. Dahms That Ms. S. Campbell, Messrs. W. Dahms, A. Galloway, S. Kay and P. Kruse be permitted to attend the annual conference of the Ontario Association of Committee's of Adjustment and Consent Authority's from May 31 - June 3, 1998, with the City to pay the normal expenses incurred. Carried Moved by Mr. W. Dahms Seconded by Mr. P. Kruse That Ms. S. Campbell, Messrs, W. Dahms, A. Galloway, S. Kay and P. Kruse be permitted 1998 subscriptions to Municipal World at a total cost of $241.30. Carried Mr. W. Dahms, Chair, called the meeting to order at 9:35 a.m. MINUTES COMMITTEE OF ADJUSTMENT 2 JANUARY 6, 1998 Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the minutes of the regular meeting of the Committee of Adjustment of November 18, 1997, as mailed to the members, be accepted. Carried APPEARANCES: IN SUPPORT: CONTRA: MINOR VARIANCE UNFINISHED BUSINESS Submission No. A 143/97 - Pietro Gagliano, 295 Connaught Avenue, Kitchener, Ontario Part Block F, Registered Plan 254, 295 Connaught Avenue, Kitchener, Ontario. WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: NONE Mr. & Mrs. D. Tallman 289 Connaught Avenue Kitchener, Ontario NONE NONE As no one appeared in support of this application, the Committee agreed to defer consideration of this application to the meeting scheduled for Tuesday January 27, 1998. APPLICATIONS 1. Submission No. A 164/97 - Walter Couto, 81 Wimbleton Crescent, Kitchener, Ontario Lot 32, Registered Plan 773, 225 Bruce Street, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. J. Bowman 225 Bruce Street Kitchener, Ontario Mr. W. Couto 81 Wimbleton Cres. Kitchener, Ontario Mr. F. Korn 66 Heather Avenue Kitchener, Ontario NONE Mr. & Mrs. F. Korn 66 Heather Avenue Kitchener, Ontario COMMITTEE OF ADJUSTMENT 3 JANUARY 6, 1998 Neighbourhood Petition The Committee was advised that the applicant is requesting permission to construct an addition to the rear of the existing house which will join the house to the existing garage. The addition will be used as a garage as well. The building, once connected by this addition, will have a rearyard of 0.83 m (2.7 ft.) rather than the required 7.5 m (24.61). The Committee noted the comments of the Department of Planning & Development in which they advised that this application to the Committee requests a rear yard of 0.82 metres (2.7 feet) relative to a proposed attached garage to the rear of an existing triplex dwelling. There is an existing detached two car 1. Submission No. A 164/97 - Walter Couto - cont'd garage located in the rear yard of the subject property. The applicants wish to add a third bay for an additional car, which will have the effect of attaching the garage to the dwelling. As a result of the addition, which attaches the garage to the dwelling, the dwelling no longer complies with the rear yard. The Department of Planning and Development is of the opinion that the requested variance to the rear yard is minor in nature given the use the addition, the use of the lands and the fact that the requested rear yard of 0.82 metres (2.7 feet) is existing and the addition to the dwelling does not further reduce the existing rear yard. The variance is appropriate for the continued use of the lands and has virtually no effect on abutting lands. The requested variance maintains the general intent and purpose of the rear yard, as the existing detached garage was originally constructed in compliance with the By-law. The proposed addition technically affects the rear yard of the dwelling, however the impact of the addition does not affect the rear yard that already exists on the subject lands. There is sufficient amenity area on the lands and the setback of the attached garage relative to the buildings on abutting lots is maintained. It is also noted that there are 3 other triplex dwellings immediately adjacent to the subject lands that are similar in design with attached garages. 1. The Department of Planning and Development recommends approval of Minor Variance Application A-164/97, as submitted. The Committee noted the comments of the Traffic & Parking Division in which they advised that the existing board fence along the southerly Iotline should be reduced in height in accordance with the by-law regulations. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the new garage. The Committee noted the written submissions of neighbourhood residents in opposition to this application. Mr. Couto addressed the Committee advising that he wants to construct a garage between the main building and the existing garage because it is wasted space and he has no other use for that space. Mr. S. Kay questioned how long Mr. Couto has owned the property and he advised that he purchased the property seven or eight years ago. Mr. Kay then questioned whether construction had started and Mr. Couto advised that he started to dig and was advised that he needed a permit; so he stopped and applied for a permit. When he applied for a permit he was advised that he could not be issued one because of the variance. Mr. P. Kruse questioned whether the garage would be used by a tenant. Mr. Couto advised that it would be used by himself for storage. Mr. A. Galloway questioned whether Mr. Couto was operating a business at this address and Mr. Couto advised that he was not operating the business there, just storing material there. Ms. J. Given advised that a tradesman office would be a permitted home business but not the storage of material. Mr. Korn addressed the Committee stating his belief that the proposed garage would be used for business and not for the tenants. He referred to the written submissions of the neighbours in which they complain about grinding, etc., going on after hours. He stated that the garage would be hard to get into, COMMITTEE OF ADJUSTMENT 4 JANUARY 6, 1998 so it would not be practical for parking a vehicle. He also stated that the garage would leave no space for children to play. Mr. Korn advised that the last owner tried to do the same thing and was refused. Mr. Kruse asked staff if they had received any complaints about a business on this property and Ms. J. Given advised that there was nothing on file but it would be something to look into. The Committee agreed to defer consideration of this application to the meeting scheduled for January 27, 1998 to allow staff the opportunity to investigate some of the concerns of the neighbours regarding business use of the property. 2. Submission No. A 167/97 - ICI Realty, 66 Deerpath Road, Kitchener, Ontario Re: Lot 17, Registered Plan 58M-4, Apple Tree Drive & Apple Tree Court, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as his law firm acts for the applicant, and did not participate in any discussion or voting with respect to this application. Mr. S. Kay chaired the meeting during consideration of this application. APPEARANCES: IN SUPPORT: Mr. B. Clarkson MacNaughton Hermsen Britton Clarkson Planning Ltd. 171 Victoria Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a single family dwelling with a frontyard setback of 4.5 m (14.77 ft.) rather than the required 6 m (19.69 ft.), a sideyard abutting a street of 3.05 m (10 ft.) rather than the required 4.5 m (14.77 ft.) and a rearyard of 4.2 m (13.78 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lot is a corner lot located on Apple Tree Drive, surrounded by roads on three sides. Due to the unusual configuration of the lot, the building envelope is very restricted. Three minor variances are requested to facilitate a workable housing design, accommodating a building envelope as shown on the submission: a front yard setback of 4.5 metres rather than 6.0 metres; a sideyard of 3.05 metres instead of 4.5 metres, and a rear yard of 4.2 metres rather than 7.5 metres. Two of the required variances should be clarified. The zoning by-law permits the dwelling to be 4.5 metres from the front lot line, to which the dwelling complies. The legal parking space must be set back 6.0 metres and staff note that the garage or legal parking space can be accommodated behind the 6.0 metre setback, as such, minor variance approval is not required nor recommended by staff. The second minor variance is required to reduce the setback from a street, to 3.05 metres, from the required 4.5 metres. The purpose of this regulation is to provide a sufficient front yard for streetscape appeal while not obstructing the visibility from vehicles on the street or exiting driveways. In this case, the dwelling fronts Apple Tree Court and maintains the 4.5 metre setback along its frontage. Further, the 3.05 metres is sufficient to provide visibility for vehicles travelling along the roadway. As such, the minor variance maintains the intent of the by-law. Because of the angle of the rear yard, maintaining the 7.5 metre rear yard setback would severely restrict the developability of the lot. The application requests a minimum rear yard of 4.2 metres rather than 7.5 metres. From the rear corner of the building closest to the rear lot line, the yard is increasing, to the point of complying with the by-law at the other rear corner. The resulting rear yard provides a sufficient amenity area and therefore maintains the intent of the by-law. COMMITTEE OF ADJUSTMENT 5 JANUARY 6, 1998 Each of the two minor variances are minor in nature as they have no impact on surrounding properties and approval of each would allow for the appropriate development of the property, given its unusual configuration. 2. Submission No. A 167/97 - ICI Realty - cont'd An additional minor variance would be required relative to the distance of the driveway from the intersection. The by-law requires a setback of 9.0 metres, whereas a driveway could not be accommodated on this lot in compliance with this setback. The applicant has indicated that the application should be amended to request a driveway located 7.0 metres from the intersection of Apple Tree Drive and Apple Tree Court. These streets should not be heavily travelled as they both serve only the development itself. As such, a driveway 7.0 metres from the intersection should not adversely affect traffic flows, and as such, maintains the intent of the by-law and is desirable for the development of the property. The Department of Planning and Development recommends approval of a sideyard abutting a street of 3.05 metres, a rear yard of 4.2 metres and a driveway setback of 7.0 metres. The Committee noted the comments of the Traffic & Parking Division in which they advised that the proposed driveway on this lot should be located in compliance with by-law requirements pertaining to driveway setbacks on corner lots. When questioned by the Committee, Mr. Clarkson advised that he concurred fully with the Planning & Development Department recommendations and asked that the application be amended in accordance with those comments. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of ICI Realty requesting permission to construct a single family dwelling with a sideyard abutting a street of 3.05 m (10 ft.) rather than the required 4.5 m (14.77 ft.) and a rearyard of 4.2 m (13.78 ft.) rather than the required 7.5 m (24.61 ft.) and a driveway located 7 m (22.97 ft.) from the intersection rather than the required 9 m (29.53 ft.) on Lot 17, Registered Plan 58M-4, Apple Tree Drive & Apple Tree Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not being maintained on the subject property. Carried 3. Submission No. A 168/97 - ICI Realty, 66 Deerpath Road, Kitchener, Ontario Re: Lot 16, Registered Plan 58M-4, Apple Tree Court, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as his law firm acts for the applicant, and did not participate in any discussion or voting with respect to this application. Mr. S. Kay chaired the meeting during consideration of this application. APPEARANCES: IN SUPPORT: Mr. B. Clarkson MacNaughton Hermsen Britton Clarkson Planning Ltd. 171 Victoria Street North COMMITTEE OF ADJUSTMENT 6 JANUARY 6, 1998 Kitchener, Ontario CONTRA: NONE 3. Submission No. A 168/97 - ICI Realty - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a single family dwelling with a frontyard of 4 m (13.13 ft.) rather than the required 6 m (19.69 ft.) and a rearyard of 6 m (19.69 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lot is a narrow lot located on Apple Tree Court, adjacent to the subject of application A 169/97, and on which a zero sideyard dwelling is proposed. Due to the location of the lot on the cul-de- sac and its shape, the depth of building envelope is constrained. Minor variances are requested to achieve the building envelope shown on the submission. Minor variances are requested relative to the front yard and rear yard requirements. The by-law permits the dwelling to be located 4.5 metres from the lot line, but requires the legal parking space to be set back 6.0 metres. Accordingly, it is staffs position that the garage can be located on the lot in close compliance with the 6.0 setback if it is located on the northerly side of the lot. Allowing a garage width of 3.64 metres (11.9 feet), the legal parking space appears to be nearly fully accommodated within the 6.0 metre setback, except a small corner, set back approximately 5.7 metres. Staff are prepared to support a minor variance to allow the garage to be set back 5.7 metres rather than 6.0 metres, but not to allow the garage as close as 4.0 metres. In order to allow the construction of a dwelling 42 feet in depth, a front yard of 3.13 metres rather than 4.5 metres and a rear yard of 6.0 metres rather than 7.5 metres is required. It should be noted that the application requested a front yard of 4.0 metres, however, in applying the by-law definition of a yard measured at right angles to the front lot line, the required yard is actually 3.13 metres. Staff are prepared to support the minor encroachment of the corner of the building into the front yard as the majority of the building face is located in compliance with the setback. Support for the minor variance permits the reasonable development of the lot, which is constrained by its configuration. The reduced rear yard is acceptable given that the outdoor amenity area is still sufficient and the lot backs onto an open pedestrian way, so that the reduced rear yard would have no impact on neighbouring residential properties. Accordingly, the minor variances for the garage setback, front yard setback and rear yard setback are desirable for the appropriate development of the property. The Department of Planning and Development recommends approval of a setback for a legal parking space of 5.7 metres, a front yard of 3.13 metres, and a rear yard of 6.0 metres. Mr. Clarkson advised that he concurred fully with the Planning Department recommendation and asked for amendments to the application in accordance with the Planning Department comments, as they properly identified the requirements of the by-law. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of ICI Realty requesting permission to construct a single family dwelling with the garage having a frontyard of 5.7 m (18.7 ft.) rather than the required 6 m (19.69 ft.), and the dwelling having a frontyard of 3.13 m (10.27 ft.) rather than the required 4.5 m (14.77 ft.) and a rearyard of 6 m (19.69 ft.) rather than the required 7.5 m (24.61 ft.) on Lot 16, Registered Plan 58M-4, Apple Tree Court, COMMITTEE OF ADJUSTMENT 7 JANUARY 6, 1998 Kitchener, Ontario BE APPROVED. 3. Submission No. A 168/97 - ICI Realty - cont'd It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not being maintained on the subject property. Carried 4. Submission No. A 169/97 - ICI Realty, 66 Deerpath Road, Kitchener, Ontario Re: Lot 15, Registered Plan 58M-4, Apple Tree Court, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as his law firm acts for the applicant, and did not participate in any discussion or voting with respect to this application. Mr. S. Kay chaired the meeting during consideration of this application. APPEARANCES: IN SUPPORT: Mr. B. Clarkson MacNaughton Hermsen Britton Clarkson Planning Ltd. 171 Victoria Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a single family dwelling with a frontyard setback of 4 m (13.13 ft.) rather than the required 6 m (19.69 ft.) and a rearyard of 5 m (16.41 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lot is a narrow lot located on Apple Tree Court, adjacent to the subject of application A 168/97, and on which a zero sideyard dwelling is proposed. Due to the location of the lot on the cul-de- sac and its shape and depth, the building envelope is constrained. Minor variances are requested relative to the front yard and rear yard, to achieve the building envelope as shown on the submission. The by-law permits the dwelling to be located 4.5 metres from the lot line, but requires the legal parking space to be set back 6.0 metres. Accordingly, the front yard variance is from 3.9 metres rather than 4.5 metres, measured at right angles to the front lot line. This variance is minor as it relates only to the corner of the building and the required yard is maintained for the majority of the frontage. The reduced setback will not adversely affect the streetscape. Staff are not supportive of reducing the setback for the legal parking space to 3.9 metres, however, it appears as though a garage could be accommodated within the proposed building envelope which would be set back 5.0 metres, on the westerly side of the lot. The purpose of the 6.0 metre setback is to discourage protruding garages and allow a second vehicle to park in front of the garage. Due to the configuration of the lot, a vehicle can be accommodated within the setback. As such, the minor variance for the legal parking space is desirable and appropriate for the development of the lot. COMMITTEE OF ADJUSTMENT 8 JANUARY 6, 1998 The reduced rear yard is acceptable given that the outdoor amenity area is still sufficient and the lot backs onto an open pedestrian way, so that the reduced rear yard would have no impact on neighbouring residential properties. 4. Submission No. A 169/97 - ICI Realty - cont'd The Department of Planning and Development recommends approval of a setback for a legal parking space of 5.0 metres, a front yard of 3.9 metres, and a rear yard of 5.0 metres. Mr. Clarkson addressed the Committee advising that he is in agreement with the comments of the Department of Planning & Development and requested permission to amend the application in accordance with those comments. Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of ICI Realty requesting permission to construct a single family dwelling with a frontyard setback of 3.9 m (12.8 ft.) rather than the required 4.5 m (14.77 ft.) and a rearyard of 5 m (16.41 ft.) rather than the required 7.5 m (24.61 ft.) and a legal parking space setback 5 m (16.41 ft.) rather than the required 6 m (19.69 ft.) on Lot 15, Registered Plan 58M-4, Apple Tree Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not being maintained on the subject property. Carried Submission No. A 170/97 - Louis Veenstra Construction Ltd., 15 Village Green Way, Baden, Ontario Part Lot 15, Registered Plan 1822, 228 Grey Fox Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. L. Veenstra 15 Village Green Way Baden, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing single family dwelling with a sideyard, at the northwest corner of the house, of 1.12 m (3.68 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 legalize a single family dwelling with a left side yard set back of 1.12 m (3.67 ft) rather than the required 1.2 m (3.94 ft). This application is for a one storey dwelling currently under construction. The portion of the side yard requiring variance is the left rear corner of the dwelling. As a result of a foundation survey prepared for the property, it became apparent that the foundation was COMMITTEE OF ADJUSTMENT 9 JANUARY 6, 1998 not poured in accordance to the provisions set out in the zoning by-law, and as such resulted in the non- complying situation. 5. Submission No. A 170/97 - Louis Veenstra Construction Ltd. - cont'd The variance requested for the side yard can be considered minor in nature as the portion of the side yard requiring variance approval is deficient by 0.08 m (.26 ft). This variance meets the general intent of the Zoning By-law by not adversely affecting the neighbouring property and still providing sufficient area for any required exterior maintenance of the dwelling. As the variance requested recognizes an existing situation, the Department of Planning and Development recommends approval of application A 170/97 subject to the variance applying to the structure as shown on the submitted field survey prepared by McKechnie Surveying Limited, dated November 4, 1997. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Louis Veenstra Construction Ltd. requesting legalization of an existing single family dwelling with a sideyard, at the northwest corner of the house, of 1.12 m (3.68 ft.) rather the required 1.2 m (4 ft.) on Part Lot 15, Registered Plan 1822, 228 Grey Fox Drive, Kitchener, Ontario BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the structure only as shown on the survey prepared by McKechnie Surveying Limited, dated November 6, 1997. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not being maintained on the subject property. Carried Submission No. A 171/97 - Kingfair Development Corporation, 71 Weber Street East, Kitchener, Ontario Re: Part Lots 30 & 31, Registered Plan 986, 41 Fairway Road South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE As no one appeared in support of this application, the Committee agreed to defer consideration of this application to the meeting scheduled for Tuesday January 27, 1998. CONSENT UNFINISHED BUSINESS COMMITTEE OF ADJUSTMENT 10 JANUARY 6, 1998 Re: Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin.q Limited, 125 Weber Street West, Kitchener, Ontario Part of Lot 19, Subdivision of Lot 3, German Company Tract and Part of Lot 2, Subdivision of Lot 16, German Company Tract, 123 Breithaupt Street and 125 Weber Street West, Kitchener, Ontario. Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin.q Limited - cont'd APPEARANCES: IN SUPPORT: Mr. J. Morrison 125 Weber Street West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: Ms. K. Fraser CN Rail 702-277 Front Street West Toronto, Ontario CONTRA: NONE The Committee was advised that the applicant is requesting permission for a 0 m sideyard for the building on the lands to be retained (125 Weber Street West) rather than the required 1.2 m (4 ft.) and a 0 m sideyard on the lands to be added to 123 Breithaupt Street, rather than the required 1.2 m (4 ft.). Previous notice was given for B 132/97 and B 133/97, to sever two parcels of land from 125 Weber Street West. It was determined that these severances would create variances on two properties as mentioned above. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands consist of two separate properties located at the southwest 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, has submitted concurrent consent and minor variance applications. Through Consent Application B 133/97, the applicant is proposing 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 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 lines. 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. Accordingly, the applicant is requesting the following concurrent variances: reduction in the required easterly side yard from 1.2 metres to '0' metres on the lands to be severed; COMMITTEE OF ADJUSTMENT 11 JANUARY 6, 1998 reduction in the required westerly side yard from 1.2 metres to '0' metres on the lands to be retained. The properties are presently configured in such a way that property lines run partially along the existing concrete block wall as well as through a rear portion of the building where no appropriate fire separation currently exists. The proposed consent and minor variance applications would delete the property line where no fire separation currently exists and establish a new property Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin.q Limited - cont'd line within the rear portion of the building so that the final line would comprise the entire length of the concrete block wall. With the proposed severance, the building would come into better compliance with the Ontario Building Code and would be safer from a fire prevention perspective. With the exception of the side yard setbacks covered by the concurrent minor variance applications, the proposed severance complies with all zoning and parking requirements. Further, the requested variances maintain the general intent of the Municipal Plan and Zoning By-law and can be considered to be minor in nature and appropriate for the subject lands. Accordingly, the Department of Planning and Development recommends that the consent application and concurrent minor variance applications be approved. A. That Minor Variance Applications A 165/97 and A 166/97 be approved without conditions. B. That Consent Application A 133/97 be approved subject to the following conditions: 1. That Minor Variance Applications A 165/97 and A 166/97 receive final approval. 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 Committee also considered the comments of the Department of Planning & Development, dated November 12, 1997, with respect to Submission No. B 132/97 in which they advised that the subject lands, consisting of two separate properties, are located on 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 the lands may be conveyed as a lot addition to the abutting property located at 131 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 accommodate the contractors/tradesman 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 retained lands. Accordingly, the Department of Planning & Development recommends that the Consent Application be approved. The Committee noted the comments of the Director of Building in which he advised that the applicant must ensure the existing four hour fire separation is maintained between the buildings. Any openings shall be protected by closures in accordance with the Ontario Building Code and Fire Code. The Committee noted the written submission of Ms. K. Fraser, C.N. Rail in which she advised that they have no objections to these applications; however, any future development would be expected to comply with their noise, vibration and safety standards. COMMITTEE OF ADJUSTMENT 12 JANUARY 6, 1998 Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin,q Limited - cont'd The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that the Region has identified the need for major road improvements at the intersection of Victoria Street and Weber Street, including the construction of an overpass across the CN Railway Line. Although these road improvements have been identified as a long-term objective, they are not currently included in the Region's ten year capital forecast. By copy of this letter, they wish to advised the applicant that should the lands retained through the severance applications be the subject of a future redevelopment application, the Region may require a road widening from the lands to accommodate the proposed railway overpass. Mr. Morrison addressed the Committee advising that since the last meeting, he has prepared a better plan, which he felt was self explanatory in terms of minor variances and severances. Mr. Morrison then reviewed the plan and explained the minor variances required and the lot additions requested, for the Committee's benefit. Submission No. B 132/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of MacDonald Aluminum Siding Limited requesting permission to convey a parcel of land having a width of 27.38 m (89.83 ft.) by a depth of 24.4 m (80.06 ft.) as a lot addition to 113 Breithaupt Street on Part Lot 2, Municipal Compiled Plan of the Subdivision of Lot 16, German Company Tract and Part Lot 19 Municipal Compiled Plan of the Subdivision of Lot 3, German Company Tract, 125 Weber Street West, Kitchener, Ontario BE GRANTED subject to the following conditions: 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 lands to be severed in this application shall be added to the abutting lands at 113 Breithaupt Street and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance or transaction complying with subsection 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 January 6, 2000. 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 13 JANUARY 6, 1998 Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin,q Limited - cont'd Submission No. B 133/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of MacDonald Aluminum Siding Limited requesting permission to convey a parcel of land having a width of 45.8 m (150.27 ft.) by a depth of 24.4 m (80.06 ft.) as a lot addition to 123 Breithaupt Street on Part Lot 19, Municipal Compiled Plan of the Subdivision of Lot 3, German Company Tract, 125 Weber Street West, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submissions No.'s A 165/97 and A 166/97. 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 lands to be severed in this application shall be added to the abutting lands at 123 Breithaupt Street and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance or transaction complying with subsection 50 (3) and/or (5) of the Planning Act. That the owner shall ensure that the existing four (4) hour fire separation is maintained between the buildings and any openings shall be protected by closures in accordance with the Ontario Building Code and Fire Code. 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 January 6, 2000. 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 165/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of MacDonald Aluminum Siding Limited requesting permission for a 0 m sideyard on the westerly side rather than the required 1.2 m (4 ft.) for the lands to be retained in Submission No. B 133/97 on Part of Lot 19, Municipal Compiled Plan of the Subdivision of Lot 3, German Company Tract, 125 Weber Street West, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 14 JANUARY 6, 1998 Submission No.'s B 132/97, B 133/97, A 165/97 & A 166/97 - MacDonald Aluminum Sidin,q Limited - cont'd Submission No. A 165/97 - 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 166/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of MacDonald Aluminum Siding Limited requesting permission for a 0 m easterly sideyard on the lands to be severed in Submission No. B 133/97 rather than the required 1.2 m (4 ft.) On Part Lot 19, Municipal Compiled Plan of the Subdivision of Lot 3, German Company Tract, 125 Weber Street West, 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.'s B 126/97 & A 172/97 - Ivan Biuk Construction Ltd., 1989 Old Mill Road, Kitchener, Ontario Part Lot 100, Registered Plan 578, 1843 Old Mill Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Kowalchuk Box 34011 Highland Hill P.O. Kitchener, Ontario Mr. I. Biuk 1989 Old Mill Road Kitchener, Ontario CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. M. Ferraz 1941 Old Mill Road Kitchener, Ontario NONE J. M. Oleskevich 1824 Old Mill Road Kitchener, Ontario COMMITTEE OF ADJUSTMENT 15 JANUARY 6, 1998 Neighbourhood Petition The Committee was advised that, in Submission No. A 172/97, the applicant is requesting permission for a rearyard of 6 m (19.69 ft.) for the existing house, rather than the required 7.62 m (25 ft.) and permission for a setback for the legal parking space of 5.49 m (18.02 ft.) rather than the required 6 m (19.69 ft.). 2. Submission No.'s B 126/97 & A 172/97 - Ivan Biuk Construction Ltd. - cont'd The Committee was also advised that, in Submission No. B 126/97, the applicant is requesting permission to sever a parcel of land containing a single family dwelling. The lot will have frontage on Old Mill Road of 28.35 m (93 ft.) by a depth of 19.2 m (63 ft.) and will have an area of 544.32 m2 (5,859 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the application seeks consent approval to re-establish a lot having frontage on Old Mill Road. The retained lands consist of undeveloped lands to the rear of the severed lands, adjacent to the right-of-way of Drummond Drive. The proposed lot contains a single dwelling nearing completion. The original lot consisted only of Part of Lots 100 and 101 of Registered Plan 578. A church was located on the lot and encroached onto the unopened right-of-way of Drummond Drive. The church was demolished, portions of Drummond Drive were closed adjacent to this lot and a 23 foot wide piece of land was added to each of this lot and that abutting the other side of Drummond Drive, while the City retained a 20 foot wide section for pedestrian access and servicing. The owner advises that the lot merged in title with the larger landholding and the intent of the severance now is to re-establish the lot lines. The consent application was deferred from the Committee of Adjustment meeting of October 28, 1997 to allow the submission and consideration of a minor variance application, as set out below, as well as to provide more detail to the Committee of Adjustment members on the status of the retained lands. In 1989, the Committee of Adjustment approved minor variances for construction of a single detached dwelling with a reduced setback from the road, reduced rear yard, reduced lot area, and reduced lot width, relative to the Township Residential Zoning according to By-law 878-A. The property was rezoned R-3 under By-law 85-1 in 1994 and on the basis of the earlier Minor Variance approval under By-law 878- A, a building permit was issued in error in June, 1997, which resulted in the construction of a dwelling having a rear yard of 6.04 metres (19.84 feet) rather than 7.62 metres (25 feet) and a legal parking space 5.5 metres (18 feet) from the front lot line rather than 6.0 metres (19.6 feet), all required according to zoning by-law 85-1. Accordingly, the City submitted application A-172/97 to rectify the zoning compliance problem. The rear yard variance is minor and maintains the intent of the by-law as a large rear yard amenity area is still provided and no adverse impacts are created for the adjacent lot. The setback of the garage continues to maintain the intent of the by-law, as the garage is recessed and allows a second vehicle room to park in front. Both variances recognize an appropriate, existing situation. The subject property is located within Block Plan 65, a detailed plan showing future development patterns for lands bounded by Old Mill Road, Durham Street, Amherst Street and Pinnacle Drive. Attached is an extract from the Block Plan, Map A2, which Council adopted as the preferred pattern of future development in this area. Plan A2 shows the public right-of-way narrowed to 20 feet at Old Mill Road; portions of the former right-of-way were purchased by abutting landowners. Durham Drive was dedicated as a public highway through the registration of Registered Plan 578, however, the road is not physically constructed and therefore, it is not an "open" road. The retained lands would front Drummond Drive, as was the case before the properties merged. Access for property maintenance can be achieved over the Drummond Drive right-of-way. The development of these lands and those owned by Manuel Ferraz on the other side of Drummond Drive will only occur if the road is constructed to full City standards by the benefitting property owners likely to occur by a local improvement program. Numerous discussions have taken place with Mr. Biuk and Mr. Ferraz, who together own all of the lands which would front onto Drummond Drive. The land ownership is quite fragmented in this area and would require cooperation between these parties which to date has not been demonstrated. In a similar application by Manuel Ferraz to create additional lots on Old Mill Road (B- COMMITTEE OF ADJUSTMENT 16 JANUARY 6, 1998 56/92), a 0.3 metre reserve was imposed along the Drummond Drive frontage as a condition of the zone change. Staff also proposed 2. Submission No.'s B 126/97 & A 172/97 - Ivan Biuk Construction Ltd. - cont'd a condition to be placed on title of the retained lands relating to the sharing of future costs associated with the construction of Drummond Drive, however, the Committee of Adjustment did not impose such condition. Staff do not believe a 0.3 metre reserve is required along the frontage of the retained lands in this case, as the purpose the condition added to the Ferraz Zone Change was to ensure lot additions occurred between Mr. Biuk and Mr. Ferraz relating to lands all on the east side of Drummond Drive. The purpose of the consent is to re-establish a formerly existing situation, which has developed in accordance with the approved Block Plan. The future development of the retained lands may occur only following the construction of Drummond Drive, which is not jeopardized by this consent. As such, the Department is of the opinion that approval of the consent application is proper planning provided the Minor Variance A-172/97, which also recognizes and existing situation, is firstly approved. That B-126/97 be approved conditional upon the following: 1. That final approval be given to Minor Variance application A-172/97. 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 Regional Municipality of Waterloo in which they advised that they have no concerns with these applications. The Committee noted the submissions of the neighbourhood residents in opposition to these applications. Mr. Kowalchuk addressed the Committee advising that the owner is in agreement with the staff report. He agreed that the variances are minor. Mr. Kowalchuk then provided some history of Mr. Biuk's acquisition of the land subject to the application and of Mr. Biuk's previous Committee of Adjustment approval. Concerning Mr. Ferraz, Mr. Kowalchuk advised that a land exchange has been offered in the past and he advised that Mr. Biuk will continue to cooperate, in this regard, in the future, when Mr. Ferraz is ready. This application simply acknowledges that the lot existed and it is simply a recreation of a lot which is in the process of being bought by a family who wishes to live there. With respect to future development, Mr. Kowalchuk referred to Block Plan 65, provided by staff. He advised that this plan has been approved by Council and the controls that are necessary to alleviate the neighbourhood concerns can be looked after by the Department of Planning & Development. Mr. Kowalchuk asked for the Committee's approval for these applications, in light of the Planning report. He also asked that, if the concerns raised by Mr. Ferraz and through the neighbourhood petition are felt to be great, that consideration of the application be deferred. Mr. S. Kay questioned whether the 66 ft. Drummond Drive right-of-way, as shown on the Block Plan, has been dedicated as a public highway and staff confirmed that it has been. Mr. Ferraz addressed the Committee advising that he is hearing things that he has never heard before. He stated that he didn't know that Drummond Drive would open at Amherst. He stated that he thought nothing was clear about which end Drummond Drive would come from. He stated that everything would be place and clarified before this application was approved. He advised that he wanted a clear agreement, in writing, as to what is to take place between himself, the City, and Mr. Biuk. He felt there should be a subdivision in place. Mr. A. Galloway stated that it was clear to him that the Committee is being asked to re-establish an old lot and that the Block Plan is for future development. He asked staff to clarify the status of the right-of-way. Ms. J. Given advised that Council, in the 1970's reviewed various lotting patterns for this area. They chose Block Plan 65. The rights-of-way are existing but COMMITTEE OF ADJUSTMENT 17 JANUARY 6, 1998 2. Submission No.'s B 126/97 & A 172/97 - Ivan Biuk Construction Ltd. - cont'd Drummond Drive has not been constructed. Mr. W. Dahms questioned whether staff has any concerns about the retained lands having frontage on an unconstructed right-of-way. Ms. Given advised that staff have no concerns in this regard as the owners will be required to construct the road if developing these lots. Mr. A. Galloway then put forward a motion to approve both applications, subject to the conditions contained in this staff report which was seconded by Mr. P. Kruse. Mr. Ferraz stated that he felt that everything should be delayed until the road is constructed. Mr. S. Kay then restated Mr. Ferraz's arguments and Mr. Ferraz advised that they had been understood correctly. Submission No. B 126/97 Moved by Mr. A. Galloway Seconded by Mr. P. Kruse That the application of Ivan Biuk Construction Ltd. requesting permission to convey a parcel of land having a frontage on Old Mill Road of 28.35 m (93 ft.) by a depth of 19.2 m (63 ft.) and having an area of 544.32 m2 (5,859 sq. ft.) on Part Lot 100, Registered Plan 578, 1843 Old Mill Road, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 172/97. 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 January 6, 2000. 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 172/97 Moved by Mr. A. Galloway Seconded by Mr. P. Kruse That the application of Ivan Biuk Construction Ltd. requesting legalization of an existing single family dwelling with a rearyard of 6.04 m (19.84 ft.) rather than the required 7.62 m (25 ft.) and a legal parking space setback 5.5 m (18 ft.) from the front Iotline rather than the required 6 m (19.6 ft.) on Part Lot 100, Registered Plan 578, 1843 Old Mill Road, 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 18 JANUARY 6, 1998 2. Submission No.'s B 126/97 & A 172/97 - Ivan Biuk Construction Ltd. - cont'd Submission No. A 172/97 - 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 B 129/97 & A 173/97 - Edgar & Shirley Harvey, 14 Jean Avenue, Kitchener, Ontario Re: Part Lot 39, Registered Plan 1074, 10 & 14 Jean Avenue, Kitchener, Ontario. Mr. W. Dahms declared a conflict of interest with this application, as his law firm acts for the applicant and did not participate in any discussion or voting with respect to these applications. Mr. S. Kay chaired the meeting during consideration of these applications. APPEARANCES: IN SUPPORT: Mr. B. Beutenmiller Sims, Clement Eastman 700-22 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that, in Submission No. A 173/97, the applicant is requesting permission for an easterly sideyard, for 10 Jean Avenue, of 2.75 m (9 ft.) rather than the required 3.048 m (10 ft.) and permission for a 0 m sideyard and a 0.92 m (3 ft.) rearyard for the semi-detached garden shed at 10 & 14 Jean Avenue, rather than the required 1.2 m (4 ft.) sideyard and 1.2 m (4 ft.) rearyard. The Committee was also advised that, in Submission No. B 129/97, the applicant is requesting permission to sever a semi-detached dwelling unit so that the unit may be sold separately. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to sever a parcel from 3 properties that have merged in title. The owners live at 14 Jean Avenue and intend to sell the dwelling unit at 10 Jean Avenue. The proposed severed parcel will have a frontage of 30 feet (9.14 metres) along Jean Avenue, a depth of 100 feet (30.48 metres) and an area of 3,000 square feet (278.7 square metres) and contains a semi-detached dwelling unit. The proposed retained parcel on south side of the property will have a lot width of 60 feet (18.29 metres), a depth of 100 feet (30.48 metres) and an area of 6,000 square feet (557.4 square metres) and contains a semi-detached dwelling. A site visit revealed that a one-storey addition was added to the rear of 14 Jean Avenue without the benefit of a building permit. It appears from the visit that the building addition is generally in compliance with zoning regulations, however, there is no up-to-date survey to confirm this. The Department does not condone the actions of constructing an addition without a building permit as the building and fire safety regulations may have been compromised. In addition, there is a one-storey garden shed/workshop that was constructed across the lot lines of all 3 properties, centred on 14 Jean Avenue. This proposed new lot line is located along the original property line however, the lot line will cut and extend through the garden shed/workshop at the rear. It was determined that the structure could remain as the prospective COMMITTEE OF ADJUSTMENT 19 JANUARY 6, 1998 3. Submission No.'s B 129/97 & A 173/97 - Edqar & Shirley Harvey - cont'd purchaser wishes to retain the portion of the structure on the severed parcel as a garden shed. In this regard, the party wall within the structure was relocated and reconstructed to meet building and fire code regulations and centred along the proposed severance line. This has now been completed to the satisfaction of the City's building inspector and planning staff. The applicant has submitted a building location plan noting the dimensions of the garden shed/workshop that were taken with staff on site. The minor variance application requests a side yard of 0 feet (0 metres) rather than 4 feet (1.21 metres) and a rear yard of 3.25 feet (0.99 metres) for the garden shed/workshop rather than 4 feet (1.21 metres) on the proposed and retained parcels. The minor variance application also requests that the proposed severed lot at 10 Jean Avenue have a side yard of 9 feet (2.74 metres) rather than the required 9.84 feet (3 metres) to reflect the original lot line. The variance would permit the side yard to be reduced to comply with the zoning regulation. Both the proposed severed and retained lots comply with the zoning regulations subject to the approval of the minor variances. In the opinion of staff, the request for the variances can be considered minor in nature and the general intent of the by-law is being met as the garden shed/workshop is requested by both the existing property owner and the prospective purchaser of the adjacent lot. The building has been in existence for approximately 10 years without any complaints and would appear not to adversely affect the enjoyment of the abutting property owner to the rear. Further, the Building Code issues have already been addressed. The minor variance for the sideyard of the main building reflects the original location of the side lot line created over 35 years ago. It maintains the intent of the by-law as it still provide sufficient room to provide the legal parking space for the dwelling. In consideration of the foregoing, these variances are appropriate for the use of the land. In the opinion of staff, the proposal meets the four tests set out in Section 45(1 ) of the Planning Act. 1. That Minor Variance application A-173/97 be approved without conditions. 2 That Consent Application B 129/97 be approved subject to the following conditions: a)That Minor Variance Application A 173/97 receive final approval. b) That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building in which he advised that the applicant must ensure that the party wall within the shed has at least a forty-five minute fire resistance rating. Mr. Beuttenmiller requesting permission to amend the Consent Application so as to have 10 Jean Avenue as the severed lands and 14 & 16 Jean Avenue as the retained lands and the Committee agreed to consider this request. Submission No. B 129/97 Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Edgar & Shirley Harvey requesting permission to convey a parcel of land having a frontage on Jean Avenue of 9.14 m (30 ft.) by a depth of 30.48 m (100 ft.) and having an area of 278.7 m2 (3,000 sq. ft.) on Part Lots 39 & 40, Registered Plan 1074, 10 Jean Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 173/97. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. Submission No.'s B 129/97 & A 173/97 - Edqar & Shirley Harvey - cont'd Submission No. B 129/97 - cont'd COMMITTEE OF ADJUSTMENT 20 JANUARY 6, 1998 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 January 6, 2000. 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 173/97 Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of Edgar & Shirley Harvey requesting permission for a garden shed at 10 Jean Avenue, having a sideyard of 0 m rather than the required 1.2 m (4 ft.) and a rearyard of 0.99 m (3.25 ft.) rather than the required 1.2 m (4 ft.) and for a garden shed at 14 Jean Avenue, having a sideyard of 0 m rather than the required 1.2 m (4 ft.) and a rearyard of 0.99 m (3.25 ft.) rather than the required 1.2 m (4 ft.) and a sideyard for the semi-detached dwelling unit, at 10 Jean Avenue, of 2.74 m (9 ft.) rather than the required 3 m (9.84 ft.) on Lot 39 and Part Lots 38 & 40, Registered Plan 1074, 10 & 14 Jean Avenue, Kitchener, Ontario BE APPROVED subject to the following condition: That the owner shall ensure that the party wall within the shed has at least a forty4ive minute fire resistance rating. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 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 Block H, Registered Plan 1246, 170 Kingswood Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. O'Neill 4 Blackhorne Drive Kitchener, Ontario Mr. R. Hardie 260A Huron Road Kitchener, Ontario Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd COMMITTEE OF ADJUSTMENT 21 JANUARY 6, 1998 CONTRA: WRITTEN SUBMISSIONS: Ms. C. Schneider 153B Kingswood Drive Kitchener, Ontario IN SUPPORT: NONE CONTRA: NONE OTHER: Mr. P. Griffin W.N.C.C. No. 63 214 Kingswood Drive Kitchener, Ontario Ms. K. Walsh Sanderson Management Inc. 30 Water Street North Kitchener, Ontario The Committee was advised that the applicant is now requesting permission to divide this parcel of land into four lots, all fronting onto Kingswood Drive. The lot at the corner of Kingswood Drive and Alpine Road will contain a duplex and the three interior lots will each contain two link townhouse units. These units will appear as semi-detached dwellings above ground but will have common basement walls below ground. The townhouse unit on lot 1, the lot farthest from Alpine Road, will require a sideyard variance, on the northerly side, of 1.2 m (4 ft.) rather than the required 2.5 m (8.21 ft.). Each group of two link townhouse units will require sideyard variances, on each side, of 0.6 m (2 ft.) rather than the required 2.5 m (8.21 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that The subject applications affect a vacant property at the intersection of Kingswood Drive and Alpine Road. The applications were deferred from the meeting of November 18 to allow further discussions with staff on a more appropriate development proposal. The revised applications which were circulated on November 20, 1997, propose the creation of four lots having access to Kingswood Drive. The corner lot was proposed for a duplex dwelling and the remaining three lots were each proposed to have constructed thereon, a total of 6 units linked below grade with a two foot separation between each set of two unit. Staff advised the applicant that this form of development did not meet the definition of a street townhouse and could not supported. However, the Department discussed an alternative development proposal with the applicant, which is supported by staff. It entails the creation of a total of three lots (rather than four), as shown on the attached sketch prepared by the applicant, dated Revised December 13, 1997. The corner lot (Lot 3) is proposed for a duplex dwelling having a width of 49.55 feet in full compliance with the zoning by-law. On each of Lots 1 and 2, the owner intends to construct three street fronting townhouse units. Minor variances are required to reduce the required sideyards for each of the two three unit dwellings, from 2.5 metres (8.2 feet) to 1.21 metres (4 feet). The future interior lot on each of Lots 1 and 2 would require minor variance approval to reduce the lot width from 5.5 metres (18 feet) to 5.38 metres (17.6 feet). With the approval of the minor variance for the reduced lot width for two individual lots, the interior lot lines may be created at a future time through part lot control, once the dwellings are constructed. The proposed developments would comply in all other respects with the zoning provisions and represent a compatible infill development. The revised proposal has been discussed with the City's Traffic, Public Works and Building staff and found to be acceptable. The reduced sideyards for each of the proposed lots are considered minor, appropriate and maintain the intent of the by-law as the exterior yards allow room for maintenance and abut the proposed driveway for the duplex and the rear Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd COMMITTEE OF ADJUSTMENT 22 JANUARY 6, 1998 yards of adjacent townhouse units, therefore, do not adversely affect adjacent properties. The interior sideyards between the townhouse blocks continue to provide sufficient building separation to meet Building Code standards and provide room to maintain the property. The reduced lot width for two of the future six street townhouse lots is very minor and would have no impact on the look or function of the lots and is desirable as it would facilitate an appropriate infill development on the property. The street townhouse dwellings require stamped site plan approval, which is expected to be submitted and reviewed prior to the Committee of Adjustment hearing. That Minor Variance Applications A-162/97 and 163/97 to reduce the sideyards on Lots 1 and 2, for both street townhouse dwellings, from 2.5 metres to 1.21 metres and to reduce the lot width for two future street townhouse dwelling units, from 5.5 metres to 5.38 metres, be approved without conditions. That Applications B-130/97 and B-131/97 to create two lots for the construction of street townhouse dwellings be approved subject to the following conditions: a) 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 all new service connections, boulevard landscaping including street trees, and paved driveway ramps, on the severed lands and retained lands, as well as for the installation, to City standards, of a storm sewer and sidewalk across the property's Kingswood Drive frontage. b) 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 Traffic & Parking Division in which they advised that the revised lotting pattern has resolved their previous concerns regarding the driveway location on the corner lot. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that they have no objections of the approval of these applications provided that the applicant is required to make satisfactory arrangements with the hydro for the provision of electrical servicing for the lands and they grant any easements required by the Commission. The Committee noted the written submission of Ms. K. Walsh, Sanderson Management Inc., on behalf of the five unit owners at Waterloo North Condominium Corporation No. 13, requesting that the developer be required to install a privacy hedge, comprised of 4 ft. cedar stalk, along their mutual property line. The Committee noted the written submission of Autumn Wood - Waterloo North Condominium Corporation No. 63, dated November 11, 1997, which comments on the application originally submitted and not the revised application. Mr. Hardie addressed the Committee requesting permission for a further amendment to these applications to reduce the number of lots to 3, as shown in the plan dated revised December 13, 1997. The Committee noted that the staff comments related to this revised plan. Mr. Hardie then explained the revised application. The proposal, he believed, would minimize the conflict between the light industrial area and the residential. He advised that immediately abutting the site is a townhouse complex. Mr. Hardie stated that this proposal will minimize the conflict with the traffic on Alpine Road. Mr. Hardie also advised that the applicant is in support of the staff recommendation. With respect to the existing townhouse units on the abutting lot, it was Mr. Hardie's estimation that those units are 20 to 25 ft. from the common property line. He stated that this is a redevelopment site and that it is difficult to fit something in that will work. 4. Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd He felt that the proposed development would not look considerably different, in mass and appearance, than two semi-detached buildings. Mr. Hardie advised that site plan approval will be required and a survey has recently been prepared. Ms. J. Given advised that staff would like one additional condition; being a chainlink fence and COMMITTEE OF ADJUSTMENT 23 JANUARY 6, 1998 landscaping along the rear Iotline of the duplex lot, to be approved by the Director of Community Planning, Development and Design. Ms. C. Schneider addressed the Committee advising that she is appearing on behalf of 5 unit owners in the abutting townhouse development. Ms. Schneider advised that the yard adjacent to the subject property is their frontyard and they would like landscaping or decorative fencing along that Iotline. She advised that they are looking to have privacy as they don't know what they will have to look at. Ms. Schneider said they would not object to the reduced sideyard if shrubs could be installed and she requested that they be installed prior to construction. The Chairman questioned the timing on this project and whether a deferral would be in order. Mr. Hardie advised that they would not want the matter deferred as it has already been deferred. Mr. Hardie also advised that he disagreed with staff's request for a chainlink fence for the duplex lot, along Alpine Road. Ms. J. Given advised that a chainlink fence and landscaping for the townhouse units will be required through the site plan and the City wants the same for the duplex lot. The fence and landscaping must be maintained in perpetuity across the Alpine frontage of the three lots and an agreement would be required to ensure the maintenance in perpetuity. Mr. Hardie requested that it not be required along the flanking side. A brief discussion took place on which submission no. would be redundant, due to the fact that there would now be three lots instead of four and it was agreed that Submission No. B 134/97 would be withdrawn, that Submission No. B 130/97 would apply to the duplex lot and Submission No. B 131/97 would apply to Lot 1 as shown on the sketch dated December 13, 1997 and the interior lot would be the retained lot. The Committee generally agreed that the chainlink fence and landscaping requested by the Department of Planning & Development, along the Alpine Road frontage of the duplex lot, would not include the flanking side along Alpine Road. They also agreed that the northerly boundary of all three lots would require a chainlink fence and landscaping. The Committee also discussed the requirement for fencing and landscaping adjacent to the townhouse development where Ms. Schneider lives. Submission No. B 130/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Becker Milk Company Ltd. requesting permission to convey a parcel of land having a width on Kingswood Drive of 15.1 m (49.55 ft.) and an area of 622.43 m2 (6,700 sq. ft.) on Part Block H, Registered Plan 1246, Kingswood Drive and Alpine Road, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed and retained lands, including the granting of any easements required by the Commission. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of all new service connections, boulevard landscaping including street trees and paved driveway ramps, on the severed lands and retained lands; as well as for the installation, to City standards, of a storm sewer and sidewalks across the Kingswood Drive frontage of the severed and retained lands. Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd That the owner shall install a chainlink fence and landscaping along the northerly Alpine Road frontage of the severed lands, not including the flanking side of the lot abutting Alpine Road, to the satisfaction of the City's Director of Community Planning Development & Design and shall enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, to maintain the fence and landscaping 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. COMMITTEE OF ADJUSTMENT 24 JANUARY 6, 1998 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 January 6, 2000. 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 131/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Becker Milk Company Ltd. requesting permission to convey a parcel of land having a width on Kingswood Drive of 18.6 m (61 ft.) and an area of 854.68 m2 (9,200 sq. ft.) on Part Block H, Registered Plan 1246, Kingswood Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed and retained lands, including the granting of any easements required by the Commission. That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of all new service connections, boulevard landscaping including street trees and paved driveway ramps, on the severed lands and retained lands; as well as for the installation, to City standards, of a storm sewer and sidewalks across the Kingswood Drive frontage of the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall install a chainlink fence and landscaping along the Alpine Road frontage of the severed lands in this application and the retained lands, to the satisfaction of the City's Director of Community Planning Development & Design and shall enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, to maintain the fence and landscaping in perpetuity. Submission No.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd Submission No. B 131/97 - cont'd That the owner shall install a chainlink fence, if not already existing, and landscaping along the westerly side Iotline of the severed lands, abutting Waterloo North Condominium Corporation No. 13, to the satisfaction of the City's Director of Community Planning Development & Design and shall enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, to maintain the fencing, if required, and landscaping in perpetuity. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 25 JANUARY 6, 1998 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 January 6, 2000. 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 134/97 Withdrawn Submission No. A 162/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Becker Milk Company Ltd. requesting permission to develop the severed lands, in Submission No. B 131/97, with a block of three street townhouse dwellings with sideyards of 1.21 m (4 ft.) on either side rather than the required 2.5 m (8.21 ft.) and permission for the middle street townhouse unit to have a lot width of 5.38 m (17.65 ft.) rather than the required 5.5 m (18.05 ft.) on Part Block H, Registered Plan 1246, Kingswood 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.'s B 130/97, B 131/97, B 134/97, A 162/97 & A 163/97 - Becker Milk Company Ltd. - cont'd Submission No. A 163/97 Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Becker Milk Company Ltd. requesting permission to develop the retained lands in Submission No.'s B 130/97 & B 131/97 with a block of three street townhouse dwellings with sideyards of 1.21 m (4 ft.) on either side rather than the required 2.5 m (8.21 ft.) and permission for the middle street COMMITTEE OF ADJUSTMENT 26 JANUARY 6, 1998 townhouse unit to have a lot width of 5.38 m (17.65 ft.) rather than the required 5.5 m (18.05 ft.) on Part Block H, Registered Plan 1246, Kingswood 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 APPLICATIONS Submission No. B 135/97 - Lorenz & Maria Muller, 126 Donald Street, Kitchener, Ontario Re: Part Lot 62, Registered Plan 884, 128 Donald Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. A. Gubler Walters, Gubler 151 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to divide two semi-detached dwelling units so that each may be dealt with separately. The Committee noted the comments of the Department of Planning & Development in which they advised that Application for Consent has been made which proposes the severance of a lot currently developed with a semi-detached dwelling. Both the severed and retained lands would have a lot width of 8.38 metres (27.50 feet) fronting onto Donald Street. The lot area proposed for the lands to be retained, 126 Donald street, is 329.89 square metres (3551 square feet) and 325.61 square metres (3505 square feet) for the lands to be severed, 128 Donald Street. The existing semi-detached dwelling was constructed in July, 1958. Parking for both dwellings was located adjacent to the dwelling. The existing zone permits the use, however a 3.0 metre side yard would be required since parking is to be located adjacent to the dwellings. When the dwellings were constructed in 1958 the Zoning By-law at that time, By-law 3433, did not have a specific side yard requirement. The only requirement was that adequate space be provided for 1. Submission No. B 135/97 - Lorenz & Maria Muller - cont'd one vehicle. In view of this, although the outer yard of each dwelling is less than 3.0 metres they are legal non-conforming since the proposed severance has no affect on these side yards. The westerly side yard on the lands to be retained is 5.6 metres (8.5 feet) and the easterly side yard on the lands to be severed is 2.55 metres (8.35 feet). The location of the existing sheds in relation to the side yard complies to the current By-law since they are less than 9.3 square metres (100 square feet). The proposed severance will allow the continued use of the existing dwelling with each lot held in separate title, the Department of Planning and Development has no concerns with the consent COMMITTEE OF ADJUSTMENT 27 JANUARY 6, 1998 application. The Department of Planning and Development recommends approval of Consent Application B-135/97, conditional upon the following: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Lorenz & Maria Muller requesting permission to convey a parcel of land having a width of 8.38 m (27.5 ft.) by a depth of 39.7 m (123.31 ft.) and having an area of 324.69 m2 (3495 sq. ft.) on Part Lot 62, Registered Plan 884, 128 Donald Street, Kitchener, Ontario BE GRANTED subject to the following condition: 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 January 6, 2000. 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 136/97 - Steve Vogel & Sarah Corfield, 178 Bloomingdale Road, Kitchener, Ontario Re: Part of Part 5, Reference Plan 58R-10556, 178 Bloomingdale Road, Kitchener, Ontario. Mr. P. Kruse declared a conflict of interest with this application, as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. 2. Submission No. B 136/97 - Steve Voqel & Sarah Corfield - cont'd APPEARANCES: IN SUPPORT: Mr. S. Vogel 178 Bloomingdale Road Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 28 JANUARY 6, 1998 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for a right-of-way to benefit the abutting property at 164 Bloomingdale Road. The right-of-way is to be located to the left of the property at 164 Bloomingdale Road. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant proposes to grant a right-of-way over a vacant portion of land, in favour of the adjoining lot (164 Bloomingdale Road) on which a single detached dwelling is under construction. The right-of-way would be along a 15' wide strip of land which leads from Bloomingdale Road to the Vogel/Corfield property (178 Bloomingdale) which has its primary frontage and its only developed access further to the east. The lot addressed as 164 Bloomingdale Road, and two other lots immediately to the east, were recently severed from the subject lands. The retained lands, together with abutting undeveloped lands, may in the future be developed with a cul-de-sac extending south from Bloomingdale Road, immediately west of 164 Bloomingdale which would become a corner lot. The proposed right-of-way would allow for access to the attached garage from the west. This arrangement is beneficial because at such time as the cul-de-sac is constructed, it will be preferable to have access to the lot from the cul-de-sac rather than from Bloomingdale Road. In the meanwhile, the driveway would extend from Bloomingdale Road, onto the right-of-way, then onto the west side of the lot. Another benefit is that the driveway would avoid the existing pine tree west of the dwelling. The extent of the proposed right-of-way is not shown on the sketches attached to the application. Staff suggest that it extend across the full 15' width of the Vogel/Corfield property, from Bloomingdale Road to a point 2m beyond the rear of the dwelling on the benefitting lands. Providing the right-of-way from the very front of the property allows for the option of constructing the entire driveway on the Vogel/Corfield lot so as to allow physical access over the driveway, through the existing gate and to the rear of that lot. Alternatively, if the driveway is constructed from the existing curb cut as shown on the sketch, it would have to be removed and landscaped at the time that the new cul-de-sac is constructed. Extending the right-of-way beyond the dwelling allows room for vehicles to back out of the garage and onto the right-of- way, then have forward motion access to Bloomingdale Road. The Department of Planning and Development recommends approval of Application B 136/97, subject to the following conditions: That a draft reference plan showing the proposed right-of-way be approved by the Director of Community Planning, Development and Design. 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 Region of Waterloo in which they advised that they have no concerns with this application. 2. Submission No. B 136/97 - Steve Voqel & Sarah Corfield - cont'd The Secretary-Treasurer advised the Committee that she had spoken with the Region concerning the Planning Department's recommended amendment and was advised that they would not be in support as a Regional Road Entrance Permit would be required. The Committee agreed to leave the application as submitted. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Steve Vogel and Sarah Corfield requesting permission for a right-of-way to the COMMITTEE OF ADJUSTMENT 29 JANUARY 6, 1998 west of the property at 164 Bloomingdale Road and to the benefit of the property at 164 Bloomingdale Road on Part of Part 5, Reference Plan 58R-10556, 178 Bloomingdale Road, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owners shall obtain the approval of the Director of Community Planning, Development & Design of a Draft Reference Plan showing the proposed right-of-way. 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 January 6, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 137/97 & B 138/97 - 1058788 Ontario Inc., 4 Blackhorne Drive, Kitchener, Ontario Re: Parts of Lots 25, Registered Plan 254, 19 & 21 Second Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. O'Neill 4 Blackhorne Drive Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for each of the semi-detached units at 19 & 21 Second Avenue to have easements over each other's property for maintenance purposes. 3. Submission No.'s B 137/97 & B 138/97 - 1058788 Ontario Inc. - cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is intending to establish easements over each half of the semi-detached dwellings located at 19-21 Second Avenue. Specifically, the applicant wishes to establish a two foot wide encroachment easement (Part 4) and a three foot wide maintenance easement (Part 3) over the semi-detached lot at 19 Second Avenue in favour of the owner at 21 Second Avenue. And further, the owner wishes to establish a two foot wide encroachment easement (Part 6) and a three foot wide maintenance easement (Part 5) over 21 Second Avenue in favour of 19 Second Avenue. COMMITTEE OF ADJUSTMENT 30 JANUARY 6, 1998 The dwelling at 19 Second Avenue was a single family dwelling built a number of years ago. A new unit addressed as 21 Second Avenue was built attached to 19 Second Avenue to create a semi- detached dwelling. The unit at 19 Second Avenue is a one storey building while the unit at 21 Second Avenue is a two storey unit with which a portion of the eaves encroach and hang over 19 Second Avenue. The Committee of Adjustment approved an application for severance of the subject property under application B 62/97 on September 16, 1997. The applicant has completed the new unit and both units are occupied. The Department has no objection with respect to these easements in both applications as submitted. The Department recommends that applications B 137/97 and B 138/97 be approved granting easements to each abutting owner as outlined on the Draft Reference Plan, subject to the following condition: 1) That the easement documents shall be prepared to the satisfaction of the City Solicitor. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with these applications. Submission No. B 137/97 Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of 1058788 Ontario Inc. requesting permission for a 2 ft. wide encroachment easement (Part 4) and a 3 ft. wide maintenance (Part 3) in favour of the owner at 21 Second Avenue on Part Lot 25, Registered Plan 254, being Parts 2, 3 & 4, Reference Plan 58R-10978, 19 Second Avenue, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall have the easement documents prepared to the satisfaction of the City Solicitor. 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 January 6, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 3. Submission No.'s B 137/97 & B 138/97 - 1058788 Ontario Inc. - cont'd Submission No. B 138/97 Moved by Mr. P. Kruse Seconded by Mr. A. Galloway That the application of 1058788 Ontario Inc. requesting permission for a 2 ft. wide encroachment easement (Part 6) and a 3 ft. wide maintenance easement (Part 5) in favour of 19 Second Avenue on Part Lot 25, Registered Plan 254, being Parts 1, 5 & 6, Reference Plan 58R-10978, 21 Second COMMITTEE OF ADJUSTMENT 31 JANUARY 6, 1998 Avenue, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall have the easement documents prepared to the satisfaction of the City Solicitor. 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 January 6, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 139/97 & B 140/97 - Mandev Developments Ltd., 26 Manorcrest Drive, Toronto, Ontario Re: Lot 5 & 6, Registered Plan 1827, 10 & 12 Golden Terrace Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. F. Adamo 26 Manorcrest Drive Toronto, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for an easement, over Lot 5, having a width of 0.9 m (2.96 ft.), abutting the northerly side Iotline, from front to rear and along the rear Iotline. The applicant is also requesting an easement across the rear of Lot 6, abutting the rear Iotline and having a width of 0.9 m (2.96 ft). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located within Registered Plan of Subdivision 1827 which comprises Golden Terrace Court together with 31 lots for street townhouse dwellings. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned R-6 according to Zoning By-law 85-1. The applicant, Mandev Developments Limited, is requesting consent to establish easements for rear yard access over Lots 5 and 6 of R.P. 1827. 4. Submission No.'s B 139/97 & B 140/97 - Mandev Developments Ltd. - cont'd In 1995, the previous owner of the subdivision lands constructed one townhouse block containing four street townhouse dwellings but delayed construction of the remaining units. Subsequent to the construction of the existing four street townhouse dwellings, Zoning By-law 85-1 was amended to require provision for rear yard access for street townhouse dwellings, either through direct access on the lot, direct access through a non-habitable portion of the dwelling unit, or over adjacent lands by way of a registered easement. COMMITTEE OF ADJUSTMENT 32 JANUARY 6, 1998 The current owner of the subject lands, Mandev Developments Limited, is now proceeding to construct the remaining units and wishes to construct four additional street townhouse dwellings with rear access for two of the units to be provided by way of easements over abutting properties. The remaining units to be built will be re-designed to accommodate rear-yard access through direct access on the lot (through the garage). The proposed easements are to be 0.9 metres in width and would be established in the following locations: · Application B 139/97 - along the left side and rear of Lot 5 in favour of Lot 6 and Lot 7 · Application B 140/97 - along the rear of Lot 6 in favour of Lot 7. The proposed easements allow for the development of the subject lands in compliance with the Zoning By-law. Accordingly, the Department of Planning and Development recommends approval of the consent applications. That Consent Applications B 139/97 and B 140/97, establishing 0.9 metre wide easements for rear yard access, be approved subject to the following condition: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with these applications. Submission No. B 139/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Mandev Developments Ltd. requesting permission for an easement having a width of 0.9 m (2.96 ft.) abutting the northerly side Iotline, from front to rear and along the rear Iotline to the benefit of Lots 6 & 7 on Lot 5, Registered Plan 1827, 10 Golden Terrace Court, Kitchener, Ontario BE GRANTED subject to the following condition: 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 January 6, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 4. Submission No.'s B 139/97 & B 140/97 - Mandev Developments Ltd. - cont'd Submission No. B 139/97 - 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. COMMITTEE OF ADJUSTMENT 33 JANUARY 6, 1998 Carried Submission No. B 140/97 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Mandev Developments Ltd. requesting an easement across the rear of the lot, abutting the rear Iotline, having a width of 0.9 m (2.96 ft.) to the benefit of Lot 7 on Lot 6, Registered Plan 1827, 12 Golden Terrace Court, Kitchener, Ontario BE GRANTED subject to the following condition: 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 January 6, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried ADJOURNMENT On Motion, the meeting adjourned at 11:55 a.m. Dated at the City of Kitchener this 6th day of January 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment