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HomeMy WebLinkAboutAdjustment - 1998-02-17COA\1998-02-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 17, 1998 MEMBERS PRESENT: Ms. S. Campbell, Mr. W. Dahms and Mr. A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 9:40 a.m. MINOR VARIANCE UNFINISHED BUSINESS 1. Submission No. A 3/98 - 397219 Ontario Ltd. & Amalf Investments Ltd., 213 Kin,q Street West, Kitchener, Ontario Re: Lots 3 & 4, Plan 962,300 Fairway Road South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Cacciotti Burger King Canada 700-401 The West Mall Etobicoke, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting legalization of an existing wood deck with a sideyard abutting Wilson Avenue of 5 m (16.41 ft.) rather than the required 7.5 m (24.61 ft.). The Committee was provided with revised plans for the deck, revised February 5, 1998 and Ms. J. Given advised that she had been notified by the Traffic and Parking Division that they are satisfied with the revised drawings. The Committee noted the comments of the Department of Planning and Development, dated January 20, 1998, in which they advised that the applicant is requesting relief from the sideyard setback from the required 7.5 m to 5.0 m for a wooden deck. The subject lands are developed with a restaurant which is located on the northeast corner of Wilson Avenue and Fairway Road. The lands are zoned Regional Shopping Centre Zone (C-5) for which the required sideyard is 7.5 m for all structures, which includes a deck. The reduction in the sideyard to 5 m for the deck is minor and the impact of the deck compared to a structure is minimal. The intent of the Zoning By-law is being maintained as the main structure is setback greater than 7.5 m. There are no specific Zoning By-law regulations which treat decks in commercially zoned properties differently from buildings. The difference between the setback of a deck and building are substantial, relative to visual impact, shadow effect and intrusion into the street scape. The existing deck provides a safe outdoor eating area for patrons of the restaurant and in this regard is desirous for the appropriate development of the subject lands. COMMITTEE OF ADJUSTMENT 78 FEBRUARY 17, 1998 The Department of Planning and Development recommends approval of Submission A 3/98 for a reduction in the sideyard setback from 7.5 m to 5 m for a deck. 1. Submission No. A 3/98 - 397219 Ontario Ltd. & Amalf Investments Ltd., cont'd Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 397219 Ontario Ltd. & Amalf Investments Ltd. requesting legalization of an existing wood deck with a sideyard abutting Wilson Avenue of 5 m (16.41 ft.) rather than the required 7.5 m (24.61 ft.) on Lot 3 & 4, Plan 962, 300 Fairway Road South, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the deck shall be revised in accordance with the drawings dated revised February 5, 1998. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 4/98 - Ridgeview Homes, 140 Daimler Drive, Kitchener, Ontario Re: Part Block 51, Registered Plan 1826, Being Part 25, Reference Plan 58R-10969, 2 Gloucester Crt., Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Mouradia Ridgeview Homes 140 Daimler Drive Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to locate the driveway 6.2 m (20.35 ft.) from the intersection of Gloucester Court and Stanmore Avenue rather than the required 12 m (40 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to locate the driveway 6.2 m (20.35 ft.) from the intersection of Gloucester Court and Stanmore Avenue rather than the required 12 m (40 ft.). The subject lot is situated on the north western corner of the intersection of Stanmore Avenue and Gloucester Court and is sufficient in size and shape to allow full compliance with all regulations of the Zoning By-law including driveway distance from the corner. However, given the proposed design of the home the applicant is requesting that the driveway be allowed on the Gloucester Court frontage rather than COMMITTEE OF ADJUSTMENT 79 FEBRUARY 17, 1998 Stanmore Avenue. The intent of the 12.0 m setback of a driveway from the corner is to minimize vehicular conflicts and potential visibility problems for vehicles exiting the subject lot as well as for traffic turning on the Gloucester Court. As the lot is located on a court having relatively few units the frequency of problems may not be as great as a corner lot at the intersection of two through streets. 2. Submission No. A 4/98 - Ridqeview Homes, cont'd However, the potential for problems to occur still remains as a 6.2 m setback is not sufficient enough of a distance to ensure the safety of vehicular traffic. In this regard, the intent of the by-law would not be maintained nor would the requested variance be appropriate for the development of the subject lands. For the reasons stated above, the Department of Planning & Development object to the requested reduction from 12.0 m to 6.2 m for the setback of the proposed driveway from the corner. The Department of Planning and Development recommends refusal of Submission A 4/97. The Committee noted the comments of the Traffic & Parking Division in which they advised that the Division does not support the proposed reduction in the setback of the driveway from the adjacent intersection. This condition can create potential traffic operating problems and it is recommended that the driveway location be revised to meet the by-law requirements. Mr. Mouradia addressed the Committee advising that the house meets the requirements of the zoning by- law except for the driveway. He stated that this is a walk-out lot and it is hard to relocate the driveway onto Stanmore. He also stated that this is not a busy intersection. If the driveway were cut onto Stanmore, the lot would not be compatible with the other houses in the area. Mr. Mouradia advised that they could change the driveway to a single driveway and set it back 30 ft. from the intersection instead of the 20 ft. requested in the application. He again noted that because this is a walk-out lot it makes it difficult to move the driveway to Stanmore. In response, Mr. R. Morgan stated that it is quite possible to build a driveway off Stanmore, according to the plans examiner, and the lot was designed so that the driveway would come off Stanmore. He stated that staff are not in favour of the proposed amendment as it is possible to comply with the zoning by-law. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Ridgeview Homes requesting permission to locate the driveway 6.2 m (20.35 ft.) from the intersection of Gloucester Court and Stanmore Avenue rather than the required 12 m (40 ft.) on Part Block 51, Registered Plan 1826, being Part 25, Reference Plan 58R-10969, 2 Gloucester Court, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. 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 APPLICATIONS 1. Submission No. A 9/98 - Irene & Derwyn Stilling, 5-227 Frederick Street, Ontario Re: Part 4, Reference Plan 58R-3620, 86 Howard Place, Kitchener, Ontario. Kitchener, APPEARANCES: COMMITTEE OF ADJUSTMENT 80 FEBRUARY 17, 1998 IN SUPPORT: Ms. M. Voll 30 Spetz Street Kitchener, Ontario CONTRA: NONE 1. Submission No. A 9/98 - Irene & Derwyn Stillin.q, cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicants are requesting legalization of an existing storage building with an easterly sideyard of 0.3 m (0.99 ft.) rather than the required 1.2 m (4 ft.) and an exemption from the requirement to provide a visual barrier along the rear lot line. The applicant has erected a chain link/barbed wire fence rather than the required solid planting material. The Committee noted the comments of the Department of Planning and Development in which they advised that the subject property contains an industrial building which is used for manufacturing (assembly of computer components). The property backs onto the future extension of Tagge Street, as identified in the Bridgeport East Community Plan; across Tagge Street are lands identified for future residential development, and a neighbourhood park. Two aspects of non-compliance were identified when the property was in the process of being sold. A small accessory building has been constructed on site, for which the applicant requests a variance to reduce the side yard requirement from 1.2 m to 0.3 m. The building was constructed as a transformer enclosure, but is now used for storage. The general intent of the by-law is that all industrial buildings, whether they are the primary building on a site or an accessory building, be subject to the same yard requirements as the primary building. This approach was intended to overcome the problem of defining when an out-building becomes a primary building based on its size or use. In practise, a building which is clearly accessory to the primary building is not as likely to require the standard yard requirements in order for the site to function properly. This is the case for the subject application, as the out-building is less than 4% of the size of the primary building, and is used only for storage. Staff are therefore of the opinion that the variance maintains the general intent and purpose of the by-law and the official plan. The impact of the variance is minor as the subject site and abutting sites are very large, and the 0.9 m extent of the variance does not significantly impact surrounding lands. The variance is desirable for the appropriate development and use of the land as it would be unreasonable to require removal or relocation of the building. The applicant also requests a variance to exempt the property from the requirements of Regulation 36R, which states that "where a side lot line or rear lot line forms part of a boundary with an Agricultural or Residential Zone, or with Part 2, Plan 58R-3150 .... a visual barrier shall be provided and maintained along that portion of the lot line which abuts the above-stated zones or Plan area in accordance with Section 5.11 of this by-law." Section 5.11 states that the visual barrier "shall act as a screen between uses," have a minimum height of 1.8 m and may be a combination of a solid fence, earth berm, or continuous unpierced planting of suitable trees or shrubs. The landscaping plan which was approved when the site was developed showed a combination of an earth berm and a continuous unpierced planting strip along the rear lot line, which is 42 m (140') in length. The berm was constructed to a height of approximately 1 m; however the planting was not installed in accordance with the approved plan. Instead, a small number of coniferous trees were planted at each of the rear corners of the property, and 3 deciduous trees, with discontinuous sections of cedar rail fence in between, planted along the top of the berm. The regulation requiring a visual barrier applies to all properties in the Bridgeport Industrial Park. Many, although not all, have established a continuous unpierced planting. The intent of the by-law is to minimize the visual impact of the industrial properties which are adjacent to existing and future residential lands and a neighbourhood park. COMMITTEE OF ADJUSTMENT 81 FEBRUARY 17, 1998 1. Submission No. A 9/98 - Irene & Derwyn Stillin.q, cont'd The owner advises that the property has been subject to vandalism and theft, attributed to the isolated location of the site, and its proximity to Sylvia Park. The owner would prefer not to have a visual barrier so that the rear portion of the property would be more visible to the community, so as to discourage trespassing. For security reasons the site is surrounded by a high chain link fence with barbed wire. The variance is desirable for the appropriate development and use of the land as the existing landscaping is attractive and has a buffering effect between the industrial and residential land uses, even if it does not provide a solid visual barrier. The impact of the variance can be considered minor for the same reason; however staff are concerned that approval of the variance would hamper efforts to require proper installation of visual barriers on other similar sites. The proposal can be considered to maintain the general intent and purpose of the by-law and official plan by establishing a landscape buffer between land uses. The Department of Planning and Development recommends approval of Submission A 9/98. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Irene & Derwyn Stilling requesting legalization of an existing storage building with an easterly sideyard of 0.3 m (0.99 ft.) rather than the required 1.2 m (4 ft.) and an exemption from the requirement to provide a visual barrier along the rear Iotline on Part 4, Reference Plan 58R-3620, 86 Howard Place, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 10/98 - Weber Supply Company Inc., 675 Queen Street South, Kitchener, Ontario Lot 363, German Company Tract, Parts 1 & 2, Reference Plan 58R-1042 & Part 2, Reference Plan 58R-6018, 675 Queen Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Fisher The Walter Fedy Partnership 546 Belmont Avenue West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct an addition onto the southeast corner of the existing building to have a southerly sideyard abutting Woodside Avenue of 0.6 m (1.97 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.). COMMITTEE OF ADJUSTMENT 82 FEBRUARY 17, 1998 2. Submission No. A 10/98 - Weber Supply Company Inc., cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to construct an addition onto the southeast corner of the existing building to have a southerly sideyard abutting Woodside Avenue of 0.6 m (1.97 ft.) rather than the required 6 m (19.69 ft.) and a rearyard of 5 m rather than the required 7.5 m (24.61 ft.). The applicant is presently undergoing site plan review for Phase 1 shown on the submitted plan. The minor variance requested is for a future addition which would involve the demolition of the existing metal-clad building. The site is presently used as an office and warehouse and the proposed addition is to expand the existing use. The proposed addition will maintain the setback of the existing facade of the building along the Woodside Avenue frontage. The rear of the building will be located approximately 5 m from the rear lot line. The existing metal-clad building is located approximately 1.0 m from the rear lot line. The applicant has shown a distance of 5.14 m on the plan submitted, however, in order to avoid any discrepancies at the time of construction, they have requested a variance of 5 metres from the rear lot line. In this respect, the same has been done along the Woodside Avenue frontage as they are requesting a setback of 0.6 m and are showing a setback of 0.69 metres. Both the requested sideyard and rearyard variances can be considered minor in nature and the general intent of the zoning by-law and Municipal Plan is being maintained as the proposed addition has no additional affect on the abutting property as the setback is consistent with the existing streetscape. The minor variance is desirable for the appropriate development of the property as it allows an addition more in compliance with the By-law. Additionally, there is a right of way on the abutting property which benefits the subject property and allows access to the rear of the buildings should it be necessary. In regard to the comments above, the Department of Planning and Development recommends approval of the requested addition having a southerly sideyard of 0.6 m and a rear yard of 5.0 m. The Committee noted the comments of the Engineering Department, Region of Waterloo in which they advised that, at this location, Regional Road No. 6 (Queen Street South) has an original road allowance width of 60 ft. which has subsequently be widened by approximately 6.5 ft. through the dedication of Parts 1, 2 & 3, Plan 58R-4699, to the Region of Waterloo. Although the designated width for Queen Street, at this location, is 86 ft., the existing building location precludes the Region from obtaining widening beyond the 6.5 ft. No further widening is required at this time. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for the new addition. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Weber Supply Company Inc. requesting permission to construct an addition onto the southeast corner of the existing building to have a southerly sideyard abutting Woodside Avenue of 0.6 m (1.97 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.) on Lot 363 German Company Tract being Part 1 & 2, Reference Plan 58R-1042 and Part 2, Reference Plan 58R-6018, 675 Queen Street, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall obtain approval of a building permit prior to constructing the addition. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. COMMITTEE OF ADJUSTMENT 83 FEBRUARY 17, 1998 2. Submission No. A 10/98 - Weber Supply Company Inc., 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 11/98 - Shelley & Jeffery Lindner, 597 Stirling Avenue South, Kitchener, Ontario Lot 14, Registered Plan 224, 115 Mill Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. & Mrs. J. Lindner 597 Stirling Avenue Kitchener, Ontario CONTRA: Mr. N. Bindernagel 372 Mill Street Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Mrs. K. Schickler 111 Mill Street Kitchener, Ontario OTHER: Ms. K. Fraser Engineering Services CN Rail 702-277 Front Street West Toronto, Ontario The Committee was advised the applicants are requesting permission to convert a duplex into a triplex on a lot having an area of 371.6 m2 (4000 sq. ft.) rather than the required 495 m2 (5328.31 sq. ft.) and a lot width of 12.2 m (40 ft.) rather than the required 14.94 m (49 ft.). The Committee noted the comments of the Department of Planning and Development in which they advised that the subject property is designated Low Rise Conservation in the Mill Courtland-Woodside Park Secondary Plan and is zoned Residential Five Zone (R-5) according to Zoning By-law 85-1. The property is presently developed with a two storey residential dwelling which has been legally converted to a duplex. The applicant is now proposing to convert the existing duplex dwelling to a triplex. Both the Low Rise Conservation designation and the R-5 Zone permit multiple dwellings to a maximum of three units; however, the subject lands do not meet the minimum lot width and lot area regulations of the Zoning By-law. In reviewing this application, it was also determined that the northerly side yard is also deficient for the proposed use. The R-5 Zone requires a minimum side yard of 3.0 metres where a driveway leading from the street to a required parking space is located between the building and the side property line. Since the existing side yard is only 2.87 metres, the minor variance application should be revised so as to include this variance. Accordingly, the subject application should be revised to request the following variances: · A reduction in minimum lot width from 15.0 metres to 12.19 metres; · A reduction in minimum lot area from 495 square metres to 372 square metres; and, · A reduction in the northerly minimum side yard from 3.0 metres to 2.87 metres. COMMITTEE OF ADJUSTMENT 84 FEBRUARY 17, 1998 3. Submission No. A 11/98 - Shelley & Jeffery Lindner, cont'd The intent of the Low Rise Conservation designation in the approved Secondary Plan is to provide for slightly higher residential densities within the inner city through the retention and conversion of the existing housing stock. The regulations of the R-5 Zone are intended to ensure that conversions to multiple dwellings only occur on properties which can accommodate the required off-street parking and a reasonable amount of landscaped amenity area without adversely impacting municipal services or abutting properties. Since the proposed triplex and associated off-street parking spaces can be accommodated on the subject property without adversely impacting neighbouring properties, the requested variances are deemed to meet the general intent of the Secondary Plan and the Zoning By-law and are considered minor and appropriate for the development of the subject lands. To ensure development occurs in accordance with the appropriate Zoning By-law regulations, site plan approval is required for all multiple dwellings. Accordingly, the Department of Planning and Development recommends approval of the minor variance application subject to receiving site plan approval. That Minor Variance Application A 11/98, as amended to include a reduction in the northerly side yard from 3.0 metres to 2.87 metres, be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. To obtain site plan approval for the proposed conversion to a triplex dwelling prior to May 15, 1998. No extension to this completion date shall be granted unless approved in writing by the Director of Community Planning, Development and Design prior to the completion date set out in this decision. The Committee noted the comments of the Director of Building in which he advised that the owner requires a building permit to convert this building to a triplex. The Committee noted the comments of the Traffic & Parking Division in which they advised that the rear parking area would have to be enlarged to develop three parking stalls in accordance with City Design Standards. The Committee noted the written submission of Mrs. K. Schickler, 111 Mill Street, Kitchener in which she advised that she objects to the proposal. The Committee noted the written submission of the Canadian National Railway in which they requested the imposition of two conditions should the application be approved. Ms. S. Lindner addressed the Committee advising that the reason for the application is that they are having difficulty renting this property as a duplex and that smaller units are easier to rent. The Chairman noted the recommended amendment as outlined in the Planning Department's comments and, at the request of Mrs. Lindner, the Committee agreed to consider this amendment. The Chairman then referred to the written submission of CN Rail and questioned whether they would have any difficulty complying with the CN Rail's requested conditions. Ms. Lindner responded that they were not certain what was required but they would make every effort to comply. Mr. Bindernagel addressed the Committee advising of his concerns over traffic and that an additional unit puts more density into the neighbourhood. Ms. J. Given advised that the secondary plan permits triplexes and there is a mixture of uses in that area. Mr. A. Galloway referred to the site plan approval process. Ms. Given advised that staff have reviewed the site plan and they don't anticipate any additional variances. The site plan is primarily for the parking lay-out. Ms. Given advised that, depending on the size of the units, they may only need to provide 3. Submission No. A 11/98 - Shelley & Jeffery Lindner, cont'd two spaces and they would not want the applicants to be required to provide three spaces when only two may be required. Mr. Bindernagle advised that he had a concern with the staff comments and he spoke of a parking problem on another property on the street. COMMITTEE OF ADJUSTMENT 85 FEBRUARY 17, 1998 Mr. A. Galloway noted the written submission of CN Rail and Mr. W. Dahms noted that this is an existing property. Ms. S. Campbell stated that she would not support condition no. 2 in the CN Rail submission. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Jeffrey & Shelley Lindner requesting permission to convert a duplex to a triplex on a lot having an area of 372 m2 (4,000 sq. ft.) rather than the required 495 m2 (5,328.31 sq. ft.), a lot width of 12.19 m (40 ft.) rather than the required 15 m (49.22 ft.) and a northerly sideyard of 2.87 m (9.42 ft.) rather than the required 3 m (9.85 ft.) on Lot 14, Registered Plan 224, 115 Mill Street, Kitchener, Ontario BE APPROVED subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall obtain site plan approval for the proposed conversion to a triplex dwelling prior to May 15, 1998. No extension to this completion date shall be granted unless approved in writing by the Director of Community Planning, Development and Design, prior to that date. 3. The owner shall obtain a building permit prior to converting this building to a triplex. That the owner shall insert the following warning clause in all development agreements, offers to purchase, agreements of purchase and sale or lease: "Warning: Canadian National Railway Company or its assigns or its successors in interest has or have a right-of-way within 300 m from the land the subject hereof. There may be alterations to or expansions of the rail facility on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way." It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 13/98 - 454064 Ontario Inc., 35 Northland Drive, Waterloo, Ontario Lots 47, 48, 49 & Part Lot 14, Registered Plan 251, Lots 19, 20 & 21, Registered Plan 258 & Part Lot 25, Registered Plan 404, 1253 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. P. Klodner 255 King Street North Waterloo, Ontario COMMITTEE OF ADJUSTMENT 86 FEBRUARY 17, 1998 Ms. O. Trahler 656 Cranbrook Road London, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to use 510.95 m2 (5500 sq. ft.) of the plaza for a bridal shop, which is a use not specifically permitted in the by-law. The applicant is also requesting permission to provide 45 off-street parking spaces for this property rather than the required 60 spaces. The Committee noted the comments of the Department of Planning and Development in which they advised that the subject property contains a commercial plaza. The applicant requests a variance to permit the use of one unit for sale or rental of bridal apparel, and a second variance to reduce the parking requirement for the entire plaza from 60 spaces to 45 spaces. The property has frontage on King Street, Sheldon Avenue and Charles Street. Vehicle access is from Sheldon and Charles. The site surrounds the residential lot addressed as 16 Sheldon Avenue South. The official plan policies which apply to the King Street corridor (from the Downtown boundary at Cedar Street to Montgomery Road) are set out in the King Street East Secondary Plan. The policies state that Service Commercial areas are not intended to provide locations for those retail uses normally found in the Downtown or Regional, community and neighbourhood Shopping Centres. Retail uses are not permitted unless they fulfil one of the following: i) majority of floor area used for wholesaling (i.e. to other than the ultimate consumer); related to servicing of motor vehicles; or require large enclosed or open space areas not normally available in shopping centres (eg. furniture, appliances, building materials). The official plan policies are implemented by the CR-4 Zone, which contains a specific list of those retail uses which are considered to fulfil the criteria listed above. Retail (whether sale or rental) of apparel (including clothing, shoes, jewellery) has consistently been interpreted as not fulfilling the service commercial policies. The applicant's citing of "destination retail" is true of almost all retail, other than convenience retail, in the current market. The proposed use does not maintain the general intent and purpose of the by-law and official plan. The impact of the variance is not considered to be minor, as its approval could establish a precedent which would open up the whole King Street corridor for retail uses. This situation would have a detrimental impact on the Downtown, in which the retail sector relies on specialty retailing. For this reason, the variance is not desirable for the appropriate development and use of the land. Furthermore, retailing is one of the more parking-intensive uses in the by-law, and the site has an inadequate supply of parking, as explained below. 4. Submission No. A 13/98 - 454064 Ontario Inc., cont'd The requested variance to reduce the parking requirements cannot be supported as the number of parking spaces provided on site is not sufficient to support the range of uses permitted in the CR-4 Zone. The gross floor area of the plaza is 1619 m2. The by-law requires 1 parking space for every 27 m2 of gross floor area, or a total of 60 spaces for the entire plaza. The approved site plan illustrates 45 parking spaces on the site. It is noted that the actual parking lot layout is not in agreement with the approved plan and may not be functional in certain areas. Prior to being rezoned to CR-4 by By-law 94-1 (Stage 6 of the Comprehensive Zoning By-law) in January 1994, the property was zoned C3 with special use and special regulation provisions in By-law 4830. The former zoning required a minimum of 45 parking spaces in recognition of the limited on-site parking COMMITTEE OF ADJUSTMENT 87 FEBRUARY 17, 1998 available. Those units within the plaza which have been occupied legally and continuously since the adoption of By-law 94-1 would appear to have legal non-conforming status relative to their parking requirements. Staff do not have an accurate record of which units have this status. The site can provide parking at the rate of one space per 36 m2 of gross floor area. If the parking requirement is reduced as requested, it would allow any of the uses permitted in the CR-4 Zone, including those which have high parking requirements, to occupy units in the plaza without further consideration by the Committee of Adjustment. Uses such as restaurant (1 space per 7.5 m2 of gross floor area), health clinic (1 per 15 m~), convenience retail (1 per 20 m~) and others would be inappropriate occupants in this situation. The requested variance does not maintain the general intent and purpose of the by-law, which is that sufficient parking be provided for all units in the plaza. The impact of the variance would not be minor as overflow parking would have very few alternative parking opportunities. On street parking is not permitted on King Street or Charles Street. Overflow parking would likely use neighbouring commercial businesses or residential side streets, such as Sheldon Avenue North. The variance is not desirable for the appropriate development and use of the land. In order for the plaza to be fully occupied, and take advantage of the full range of uses permitted in the CR-4 Zone, the parking lot should be expanded by consolidation of the plaza site with the property addressed as 16 Sheldon Avenue South. The Department of Planning and Development recommends refusal of Submission A 13/98. The Committee noted the comments of the Traffic & Parking Division in which they advised that they do not support the request to reduce the on-site parking requirement from 60 spaces to 45 spaces. Parking on the abutting roads is restricted and overflow parking generated from the uses on this site may extend onto other streets in the vicinity or onto abutting property. It is further noted that the existing parking layout does not comply with the approved design and should be revised accordingly. Ms. P. Klodner distributed plans of the plaza to the Committee members and gave an overview of the tenants in the plaza. She advised that she had visited the site the previous Saturday morning and there were nine vehicles parked on the site. She also visited the site on Monday afternoon. Ms. Klodner displayed photographs of the property from various vantage points to illustrate the amount of parking taking place on the site. Ms. Klodner stated that the proposed use caters to a small segment of the community and is considered destination retail. It is appointment driven with a one time, high end purchase. Ms. Klodner then provided an extract from the yellow pages listing bridal shops, to show where they are situated. She stated that this is not impulse shopping but a planned event. She felt that staffs concern over parking was unfounded. Concerning the permitted uses, Ms. Klodner stated that, although this use is not specifically stated, generally the permitted uses are destination shopping. She referred to the King Street East Secondary Plan and read aloud the uses in Section 7. Ms. Klodner noted that the uses outlined in the secondary plan 4. Submission No. A 13/98 - 454064 Ontario Inc., cont'd require large areas not provided for in shopping malls. The proposed tenant has a large inventory and malls do not have the space for such a large inventory. Ms. Klodner then referred to The Bridal Penthouse located on King Street East only 1/2 mile away. She stated that a bridal shop fits in well with the uses in the other units and the use fits in with the other uses in the zone, which are appointment driven. Ms. Klodner stated that the requirements of Subsection 45 (1) have been met. She then referred to a 1971 High Court of Justice decision. Ms. Trahler, the proposed tenant, addressed the Committee advising that hers is not a walk-by business. She advised that she has researched possible locations and this one fits perfectly with her needs. Ms. J. Given advised that the Department of Planning & Development is adamantly opposed to this application. She stated that, at the very least, the proposal would required a zone change and official plan amendment. She stated that the zoning was never intended for the retail sales of clothing, shoes, etc. These types of activities should be restricted to the downtown or regional mall. She advised that the intended use does not meet the secondary plan or zoning by-law. Further, she stated that staff have serious concerns with the parking. Ms. S. Campbell questioned whether the term "destination retail" is found in any planning document. Ms. Given responded that it is not and is not a relevant term. COMMITTEE OF ADJUSTMENT 88 FEBRUARY 17, 1998 Mr. A. Galloway put forward a motion to approve the application, stating that he was convinced by the applicant's argument. This motion did not receive a seconder. Ms. S. Campbell stated that she was opposed to the application and she was not convinced by the applicant's arguments. Mr. W. Dahms advised that he was opposed to the application for the reasons set out in the planning report. He did not believe that the four tests had been met. Moved by Ms. S. Campbell Seconded by Mr. W. Dahms That the application of 454064 Ontario Inc. requesting permission to use 510.95 m2 (5500 sq. ft.) of floor area for a bridal shop and permission to provide 45 off-street parking spaces for the plaza rather than the required 60 off-street parking spaces on Lots 47, 48, 49 and Part Lot 14, Registered Plan 251, Lot 19, 20 and 21, Registered Plan 258 and Part Lot 25, Registered Plan 404, 1253 King Street East, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are 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 CONSENT UNFINISHED BUSINESS Submission No. B 43/97 - B 48/97 - George Voisin, 421 Greenbrook Drive, Kitchener, Ontario Parts of Lot 35, German Company Tract, Being Parts of Parts 1 and 15, Reference Plan 58R-10060, Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Submission No. B 43/97 - B 48/97 - Geor,qe Voisin, cont'd Mr. E. Varga 107 Roseneath Crescent Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised through these applications the applicant is requesting permission to create seven residential lots, 6 lots to be severed and one to be retained with the following dimensions: Submission No. B 43/97 Lot Width - 10.95 m (35.93 ft.) Lot Depth - 41.765 m (137.03 ft.) COMMITTEE OF ADJUSTMENT 89 FEBRUARY 17, 1998 Lot Area - 408 m2 (4,391.82 sq. ft.) Submission No. B 44~97 Lot Width - 10.579 m (34.71 ft.) Lot Depth - 39.223 m (128.69 ft.) Lot Area - 380.6 m2 (4,096.88 sq. ft.) Submission No. B 45/97 Lot Width - 10.282 m (33.74 ft.) Lot Depth - 37.37 m (122.61 ft.) Lot Area - 359.9 m~ (3,874.06 sq. ft.) Submission No. B 46~97 Lot Width - 12.033 m (39.48 ft.) Lot Depth -35.985 m (118.071 ft.) Lot Area -413.6 m~ (4,452.10 sq. ft.) Submission No. B 47~97 Lot Width - 11.767 m (38.61 ft.) Lot Depth - 35.453 m (116.32 ft.) Lot Area - 402.8 m~ (4,335.85 sq. ft.) Submission No. B 48/97 Lot Width - 9.69 m (31.8 ft.) Lot Depth - 35.443 m (116.29 ft.) Lot Area - 333.6 m~ (3,590.96 sq. ft.) The Committee members were provided with a letter from Mr. Varga, attached to which were revised plans, requesting that the applications be amended so as to slightly change the lot configuration and for Part 7 to be the retained lands. The Committee agreed to consider these requested amendments to the applications. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has requested consent to sever a parcel of land into seven separate lots fronting the future extension of Eastforest Trail. The lands were subject to a plan of subdivision which has since been withdrawn, since the City is taking responsibility for the construction of Eastforest Trail and improvements to the Detweiler Greenway. The applicant subsequently submitted an application to sever a block of land, 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd which will front the extension of Eastforest Trail, into 7 parcels (including the retained lands). These applications were deferred from the August 19, 1997 meeting to April 1998 until the road program for the extension of Eastforest Trail was rescheduled, which is now being tendered this month. One issue surrounding the severance of these lands relates to access to the abutting vacant land to the east of the subject lands, owned by Dr. Kneiss. Dr Kneiss' property currently gains access to Highland Road. The City approached Dr. Kneiss to purchase the rear portion of his lot, as the Detweiler Greenway traverses the rear portion of his lot, however were unsuccessful in coming to an agreement. As a result, the City is unable to complete the improvements to the greenway over Dr. Kneiss' lands at this time. Presently, Dr. Kneiss has a lot which gains legal frontage to Highland Road, with the front portion being zoned C-1, which is above the regulatory flood line, a middle portion zoned P-3, Hazard Land, where the greenway is to be engineered, and the rear portion being zoned R-6. Although Dr. Kneiss presently has legal frontage on Highland Road, once the Detweiler Greenway is purchased by the City the rear portion of the lands zoned R-6 will become landlocked, without access to a public street. The lands subject to the proposed severances provide an opportunity to ensure that there is an access for these lands to Eastforest Trail. The applicant has agreed to temporarily freeze land adjacent COMMITTEE OF ADJUSTMENT 90 FEBRUARY 17, 1998 to the Greenway to protect the opportunity to provide a private access road and provide legal frontage in accordance with the minimum Zoning By-law requirements. There may also be an opportunity for Dr. Kneiss to develop the lands zoned R-6 with the abutting lands to the east which are currently also zoned R- 6 and are vacant and which are not subject to a registered site plan agreement at this time. At the previous Committee meeting, discussion took place regarding the provision of access through George Voisin's lands to Dr. Kneiss' lands which are zoned R-6. At that time the connection to Eastforest Trail was located over proposed lots 4 and 5 for the provision of a public road. However, this scenario resulted in potential non-compliance of the location of driveways in relation to corner lots. If proposed lots 4 and 5 were ever developed as a road, the driveway location on proposed lots 3 and 6 could not comply. When the application was deferred to April, 1998, it was felt that the disposition of Dr. Kneiss' lands would be determined; however, as noted above the City was unsuccessful in their negotiations with Dr. Kneiss and will be constructing the road and the improvements to the Detweiler Greenway without Dr. Kneiss' lands. The extension of Eastforest Trail will be put out to tender at the end of this month and it is expected that construction of the road and improvements to the Greenway will begin in April of this year. The applications are being brought before the Committee now to allow the service connections to each lot to be installed at the time of the installation of the services and construction of the road, to avoid having to dig up the road again. Preliminary grading and servicing plans have been prepared for the extension of Eastforest Trail as a result of the progress of the proposed construction and the City's Public Works Department has advised that the only opportunity for a connection from West Forest Trail to Dr. Kneiss' lands, which are zoned R-6, would be immediately adjacent to the Greenway as the sewer depth at this point is highest. Arising from this engineering discovery, the applicant determined that the plan should be revised to allow the opportunity to provide a private driveway to the Kneiss lands adjacent to the Greenway. Attached is a copy of the proposed revised severances, showing Part 7 having a width of 15.0 metres at the building line, to meet the R-6 regulations for multiple dwellings, and allowing ample room for a private driveway, as shown on the second attachment. Arrangements are being made to include a manhole at this location for easier serviceability to Dr. Kneiss' lands. It is staff's opinion that providing an opportunity for a private access to the rear of Dr. Kneiss' lands is a reasonable option. There remains a second alternative for the development of Dr. Kneiss' lands through the adjacent lands to the east, which are also zoned R-6 and are currently vacant. At such time as the City is advised that arrangements have been made for access to the Kneiss lands, the availability of a building permit on Part 7 will be known. 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd In view of the forgoing, the Department of Planning and Development recommends approval of the consent applications subject to the owner entering into a subdivision agreement to ensure that the lands are developed to city standards and to ensure the option of a private access to Dr. Kneiss' lands are provided for. That application B 43 to B 48~97 each be approved subject to the following conditions: That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, 1.5 metre concrete sidewalks and paved driveway ramps, on the severed lands and retained lands. That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the General Manager of Public Works, and registered on title of all the subject lands; said agreement shall include arrangements for performance securities COMMITTEE OF ADJUSTMENT 91 FEBRUARY 17, 1998 and municipal engineering services and which agreement shall also include the following special condition which shall generally state as follows: a) That no building permits shall be issued for Part 7, the retained lands until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, GCT, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, described as Part of Lot 16, GCT, acceptable to the City's General Manager of Planning and Development. 6. That Eastforest Trail be constructed and opened by By-law prior to the endorsement of any deeds. The Committee noted the comments of the Kitchener-Wilmot Hydro, dated July 10, 1997, in which they requested that, as a condition of the approval of these applications, the owner be required to make satisfactory arrangements with the Commission for the provision of electrical servicing to the severed lands and the granting of any easements required by the Commission. The Committee noted the comments of the Grand River Conservation Authority dated July 11, 1997, in which they recommended that, prior to final approval, a report be submitted to them detailing how stormwater management and sediment and erosion control will be addressed on the lands subject to the proposed application. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo, in which they advised that their letter of July 10, 1997, still applies. In that letter, they advised that staff have no objections to the proposed applications for consent subject to conditions. Mr. Varga addressed the Committee stating that he has been working with Planning & Engineering staff and there were a number of last minute changes to accommodate servicing issues. He stated that he was in agreement with the recommended conditions of staff, except 5(a). He stated that last summer a one year time limit had been suggested. Mr. Varga explained that they have been working on this project for 9 years and the owner to the rear has been unwilling to work with them. Mr. Varga then distributed copies of a sketch 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd showing possible means of access to the lands at the rear. Mr. Varga advised that the applicant is happy to work with Doctor Kneiss; however, there needs to be closure and that is why they are asking for a one year time limit. Ms. S. Campbell referred to the GRCA comments from July 1997 and Mr. Varga advised that there are no concerns and they have been working hard on the matter. Mr. Dahms then questioned whether the time limit for condition 5(a) is a reasonable request. Ms. Given responded that staff do concur with the need for closure. She advised that discussions with Dr. Kneiss have been unsuccessful. Staff do agree with a time limit, although she though 2 years would allow a reasonable amount of time. Mr. Varga agreed to a 2 year limit from today's date. Submission No. B 43/97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 10.681 m (35.05 ft.) by a depth of 41.837 m (137.26 ft.) and having an area of 398.3 m2 (4,287.41 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and proposed extension of Eastforest Trail, 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 lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. COMMITTEE OF ADJUSTMENT 92 FEBRUARY 17, 1998 That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 43/97 - cont'd 8. That Eastforest Trail shall be constructed and opened by by-law. 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 February 17, 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 44/97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 10.33 m (33.9 ft.) by a depth of 39.331 m (129.04 ft.) and having an area of 352.1 m2 (3,790.1 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT 93 FEBRUARY 17, 1998 That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 44/97 - cont'd a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. 8. That Eastforest Trail shall be constructed and opened by by-law. 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 February 17, 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 45~97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway COMMITTEE OF ADJUSTMENT 94 FEBRUARY 17, 1998 That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 10.046 m (32.96 ft.) by a depth of 37.484 m (122.98 ft.) and having an area of 372.1 m2 (4,005.39 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and the proposed extension of Eastforest Trail, 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 lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 45/97 - cont'd That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. 8. That Eastforest Trail shall be constructed and opened by by-law. 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 February 17, 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. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional COMMITTEE OF ADJUSTMENT 95 FEBRUARY 17, 1998 Official Policies Plan. Carried Submission No. B 46/97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 9.814 m (32.2 ft.) by a depth of 36.248 m (118.93 ft.) and having an area of 338 m2 (3,638.32 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and the proposed extension of Eastforest Trail, 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 lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 46/97 - cont'd That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. 8. That Eastforest Trail shall be constructed and opened by by-law. 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 February 17, 2000. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 96 FEBRUARY 17, 1998 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 47/97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 9.626 m (31.59 ft.) by a depth of 35.584 m (116.75 ft.) and having an area of 329.32 m2 (3,544.68 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and the proposed extension of Eastforest Trail, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 47/97 - cont'd That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. 8. That Eastforest Trail shall be constructed and opened by by-law. 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 97 FEBRUARY 17, 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 February 17, 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 1. Submission No. B 43/97 - B 48/97 - Geor.qe Voisin, cont'd Submission No. B 48/97 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of George Voisin requesting permission to convey a parcel of land having a frontage on proposed Eastforest Trail of 9.485 m (31.12 ft.) by a depth of 35.443 m (116.29 ft.) and having an area of 325.7 m2 (3,505.92 sq. ft.) on Part Lot 35, German Company Tract, Bankside Drive and the proposed extension of Eastforest Trail, 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 lands and retained lands, including the granting of any easements required by the Commission. That the owner shall submit a report to the Grand River Conservation Authority detailing how stormwater management and sediment and erosion control will be addressed on the severed lands. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make a satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands and retained lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees, a 1.5 m concrete sidewalk and a paved driveway ramp on the severed and retained lands. That the owner shall enter into a modified subdivision agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the General Manager of Public Works, which shall be registered on title; the said agreement shall include arrangements for performance securities and municipal engineering services and shall include the following special conditions which shall generally state as follows: a) That the no building permit shall be issued for Part 7 on the severance sketch, being the retained lands, until the City is in receipt of a letter from the owner of the lands to the rear, described as Part of Lot 16, German Company Tract, indicating that satisfactory arrangements have been made for the provision of access to the lands to the rear, acceptable to the City's General Manager of Planning & Development. Further, this special condition shall only be required and remain on title until such letter is received and access arrangements approved or February 17, 2000, which ever is the sooner. COMMITTEE OF ADJUSTMENT 98 FEBRUARY 17, 1998 8. That Eastforest Trail shall be constructed and opened by by-law. 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 February 17, 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. 1. Submission No. B 43/97 - B 48/97 - Geor,qe Voisin, cont'd Submission No. B 48/97 - cont'd The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 4/98 - Trustees of the Emmanuel Bible College, 100 Fergus Kitchener, Ontario Avenue, Re: Lots 55 to 67, and 72 to 75, all inclusive, and Part of Lots 68, 69, 70 and 71 Registered Plan No. 322, Part of Lot 54, German Company Tract and Part of Lot 142, Streets & Lanes, 100 Fergus Avenue, Kitchener, Ontario. - and - Submission No. B 5/98 - Emmanual Village Homes (Kitchener) Inc. - 4A- 385 Road, South, Kitchener, Ontario Fairway Re: Lots 35, 36, 51 to 54, 76 to 81 and Part Lots 37 to 43, and 82 to 85, Registered Plan 322, and Part of Lots 141 and 142, Streets and Lanes, Weber Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. C. Pidgeon 5-745 Bridge Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that, in Submission B 4/98, the applicant is requesting permission to convey a parcel of land, having an area of 1.72 ha, to be added to land owned by Emmanuel Village Homes (Kitchener) Inc. This land will be added to the land already owned by them, fronting on Weber Street East; which is to be developed as a residential retirement community containing 38 townhouse units. These properties will be leased and the applicants are also requesting permission for leases in excess of 21 years. The Committee noted the comments of the Department of Planning & Development in which they advised that two consent applications have been submitted; one application, B 4/98, is requesting permission for both consent to sever and consent to allow leases greater than 21 years. The consent to sever is a request to sever the rear portion of a large parcel of land which fronts Fergus Avenue and is developed with COMMITTEE OF ADJUSTMENT 99 FEBRUARY 17, 1998 Emmanuel Bible College. The lot area of the total holdings is 4.11 ha. The lands to be retained would have a lot area of 2.39 ha and the lands to be severed 1.72 ha. The lands to be severed are currently vacant and are proposed to merged in title with lands fronting Weber Street for which a development proposal has been submitted which proposes a 50 unit apartment building and 46 townhouses. Application B 5/98 requests consent to allow life lease tenure for the proposed townhouse development noted above, affecting the Weber Street lands. These lands are subject to a concurrent comprehensive site plan review for both properties, the lands to be severed and the lands with which they will merge. These applications were deferred from the previous committee meeting so that the site plan application could be reviewed and the technical issues dealt with. The proposal for the development of a 50 unit apartment building and 46 2. Submission No. B 4/98 - Trustees of the Emmanuel Bible College, cont'd - and - Submission No. B 5/98 - Emmanual Villaqe Homes (Kitchener) Inc., cont'd townhouses was discussed at Project Review Committee on January 21, 1998. The site plan was deferred from the January 21st meeting until a number of issues were dealt with. Staff have met with the applicant and have discussed revisions to the site plan to satisfy the technical issues raised. The site plan has not been approved yet; however, staff are satisfied that all of the issues can be resolved through revisions to the site plan and by the inclusion of special conditions in the development agreement. The proposed development represents a suitable infill development appropriate for the development of the subject lands. The Department of Planning and Development supports the severance of the lands subject to a condition requiring final Site Plan Approval and that the Section 41 Development Agreement contain conditions related to the provision of an emergency access. In addition to the severance, the owners are proposing life lease tenure for the proposed 46 townhouses which require consent from the Committee to allow them to lease the units for greater than 21 years. Approval of the consent will allow purchasers to enter into one long term leasing agreement without having to revisit the lease agreement for the duration of their stay. Each lease greater than 21 years requires a consent and each land area to which the lease applies must be legally described. In this regard, consent applications will have to be made for each unit subject to a lease accompanied by a reference plan which legally described the areas to be leased. Staff have discussed this requirement with the applicants and have included both the City Solicitor and applicant's solicitor in these discussions. In view of this, staff recommend deferral of Application B 5~98 and that part of B 4~98 requesting consent approval to lease land for a period greater than 21 years. They recommended that the part of Application B 4~98 related to the consent to sever be approved, subject to the following conditions: That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. That Site Plan Application SP97/22/WNL receive final approval and that the said Section 41 Development Agreement shall include conditions related to the provision of an emergency access to the subject lands. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. They also recommended that B 5~98 and that portion of Application B 4~98 related to the consent for a lease greater than 21 years be deferred pending the submission of the required applications and the accompanying reference plans showing the location of lands subject to the lease. The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo in which they advised that they have reviewed these applications and have no objection to their COMMITTEE OF ADJUSTMENT 100 FEBRUARY 17, 1998 approval subject to certain conditions. The Committee agreed with the request of the Department of Planning & Development to defer submission B 5/98 and that part of Submission B 4/98 requesting consent approval to lease land for a period greater than 21 years. Submission No. B 4/98 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of the Trustees of Emmanuel Bible College requesting permission to convey a parcel of land having an area of 1.72 hectares to be added to the lands owned by Emmanuel Village Homes (Kitchener) Inc. on Lot 55 -67 and 72 - 75, all inclusive, and Part Lot 68, 69, 70 & 71, Registered Plan 322, Part of Lot 54, German Company Tract and Part of Lot 142, Streets and Lanes, 100 Burgess Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the lands to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with subsections 50 (3) and/or (5) of the Planning Act. That the owner shall receive final approval of site plan application ST 97/22/WNL and that the said Section 41 Development Agreement shall include conditions related to the provision of an emergency access to the subject lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall obtain an exemption from the Regional Tree Cutting By-law from the Tree By-law Exemption Committee and shall enter into an agreement with the Region, if required, to implement the decision of that Committee. 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 February 17, 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 The Committee generally agreed that consideration of the life lease requested through both Submission No.'s B 4/98 & B 5/98 be deferred pending the submission of the required applications and the accompanying reference plan showing the location of the lands subject to the leases. APPLICATIONS Submission No. B 29/98 - Da-Hard Holdings Limited, 14 Grand Avenue, Kitchener, Ontario COMMITTEE OF ADJUSTMENT 101 FEBRUARY 17, 1998 Re: Part of Peter Horning's Tract, 14 Grand Avenue, Kitchener, Ontario. - and - Submission No. B 30/98 - GDR Investments Limited, 20 Grand Avenue Kitchener, Ontario Re: Part of Peter Horning's Tract, 20 Grand Avenue, Kitchener, Ontario. 1. Submission No. B 29/98 - Da-Hard Holdinqs Limited, cont'd - and - Submission No. B 30/98 - GDR Investments Limited, cont'd The Committee was in receipt of a request from the applicant to defer consideration of these applications to the meeting to be held on March 3, 1998. 2. Submission No. B 31/98 - Kevin & Nicole Renouf, 442 Prospect Avenue, Kitchener, Ontario Re: Part Lot 1, Registered Plan 267, 442 Prospect Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Renouf 442 Prospect Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to severe a parcel of land measuring 12.2 m (40 ft.) wide by 6.1 m (20 ft.) deep, at the rear of their property, to convey as a lot addition to the abutting property at the rear. The Committee noted the comments of the Department of Planning and Development in which they advised that the applicants are requesting permission to sever a small parcel of land at the rear of their property having an area of 800 square feet (74.32 metres). The proposed severed parcel is to be merged as a lot addition to the lands to the north owned by Gordon Brooks and Joseph Cole at 10 Broadview Court. The proposed severed parcel is vacant and currently is fenced off in such a manner that it is used by the proposed abutting owners. Both the retained parcel and the property to which the severed parcel would be added are developed with single detached dwellings. The property at 442 Prospect Avenue is very deep while the property at 10 Broadview Court has a more shallow rear yard, of approximately 10 metres (33 metres). The owners 10 Broadview Court would like to extend their rear yard by acquiring an additional 20 feet (6.1 metres). Although the rear yard of 10 Broadview Court would be slightly irregular, it is recognized that the proposed lot addition is to be used solely for rear yard purposes and is not intended to increase the development potential of the recipient lands. The applicants had filed an identical application under Submission B 61/96 which was supported by staff and approved by the Committee on October 1, 1996. The application lapsed as it was not followed through. Accordingly, the Planning and Development Department recommends approval of Consent Application B 31/98 subject to the following conditions: COMMITTEE OF ADJUSTMENT 102 FEBRUARY 17, 1998 That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall apply to the Sections 50(3) and/or (5) of the Planning Act, 1995. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this applications. 2. Submission No. B 31/98 - Kevin & Nicole Renouf, cont'd Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Kevin & Nicole Renouf requesting permission to sever a parcel of land having a width of 12.2 m (40 ft.) by a depth of 6.1 m (20 ft.) as a lot addition on Part Lot 1, Registered Plan 267, 442 Prospect Avenue, 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 and title shall be taken in identical ownership; with the any subsequent conveyance of the parcel to be severed complying with Subsections 50 (3) and/or (5) of the Planning Act. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being February 17, 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.'s B 32/98 & A 12/98 - Linda Knowles, Executor, 800-130 Bloor Street West, Toronto, Ontario Re: Part Lot 9 & 10, Beasley's Broken Front Concession, Grand Hill Drive, Kitchener, Ontario. The Committee was in receipt of a request from the applicant's agent to defer consideration of these applications to the meeting to be held on March 3, 1998 and the Committee agreed to this request. CHANGE OF CONDITIONS APPLICATIONS Submission No. C 1/98 - The TDL Group Ltd., 874 Sinclair Road, Oakville, Ontario Re: Part 1, Reference Plan 58R-11016, 1014 Victoria Street North, Kitchener, Ontario. APPEARANCES: COMMITTEE OF ADJUSTMENT 103 FEBRUARY 17, 1998 IN SUPPORT: Mr. M. Foley The TDL Group 874 St. Clair Road Oakville, Ontario CONTRA: NONE 1. Submission No. C 1/98 - The TDL Group Ltd. - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to change Condition No. 1 of Submission No. B 86/97 granted by the Committee of Adjustment on September 16, 1997, so as to require the Joint Maintenance Agreement to be in effect for 30 years rather than in perpetuity. The Committee noted the comments of the Department of Planning and Development in which they advised that the original application B-86/97 proposed to grant a right-of-way in favour of the abutting property at 1000 Victoria Street North, Tim Horton Donuts, shown as Part 1 on the submitted plan, to facilitate a drive- through lane for the existing restaurant. The Committee granted such approval on September 16, 1997 subject to the entering into of a joint maintenance agreement, to ensure the rights-of-way for access are maintained in perpetuity. The solicitors for the owners have asked that the term of the maintenance agreement and right-of-way be changed to "30 years" rather than "in perpetuity". Staff have no concern with this change provided the drive through restaurant ceases to exist at that time as well. That C 1/98 requesting permission to change condition 1 of Provisional Consent B-86/97 be recommended so that the condition will be revised to read as follows: That a joint maintenance agreement, to be approved by the City solicitor, be registered against title of both the severed and retained lands, to ensure that rights-of-way for access to both properties are maintained for a period of 30 years or for the duration of the drive-through restaurant use, whichever is longer. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have reviewed the above-noted application and have no concern. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of TDL Group Ltd. requesting permission to change the conditions of provisional consent Submission No. B 86/97 on Part Lot 1, Municipal Compiled Plan 971, 1014 Victoria Street North, Kitchener, Ontario BE GRANTED, so that only the following conditions shall apply: That a joint maintenance agreement, to be approved by the City Solicitor, be registered against the title of both the dominant and servient lands, to ensure the right-of-way for access to those properties is maintained for a period of thirty years or for the duration of the drive-through restaurant use, whichever is longer. 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. COMMITTEE OF ADJUSTMENT 104 FEBRUARY 17, 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 February 17, 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. 1. Submission No. C 1/98 - The TDL Group Ltd. - cont'd The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried ADJOURNMENT On Motion, the meeting adjourned at 11:20 a.m. Dated at the City of Kitchener this 17th February, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment