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HomeMy WebLinkAboutAdjustment - 1998-01-27COA\1997-01-27 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 27, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, Mr. Ken Mayer, Traffic Analyst and Ms. D. H. Gilchrist, Secretary-Treasurer. Ms. S. Kay, Vice-Chairman, called the meeting to order at 9:35 a.m. MINUTES Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the minutes of the regular meeting of the Committee of Adjustment, of January 6, 1998 as mailed to the members, be accepted. MINOR VARIANCE UNFINISHED BUSINESS APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Carried Submission No. A 140/97 -Tallpines Health Centre Incorporated, 123 Drive, Kitchener, Ontario Parts 1 - 14, Reference Plan 58R-10809, 10 Pioneer Drive, Kitchener, Ontario. Pioneer NONE NONE NONE NONE Ms. J. Given advised that the applicant is seeking a further deferral and if the Committee wishes to defer this application, she recommended that it be deferred until the end of the year. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That consideration of Submission No. A 140/97 - Tall Pines Health Centre be deferred to the Committee of Adjustment meeting scheduled for December 8, 1998. Carried. Submission No. A 164/97 - Walter Couto, 81 Wimbleton Crescent, Kitchener, Ontario Re: Lot 32, registered Plan 773, 225 Bruce Street, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 35 JANUARY 27, 1998 APPEARANCES: IN SUPPORT: Mr. W. Couto 81 Wimbleton Crescent Kitchener, Ontario Submission No. A 164/97 - Walter Mr. J. Bowman 225 Bruce Street Kitchener, Ontario Couto - cont'd CONTRA: Mr. P. Held 46 Heather Street Kitchener, Ontario Mr. R. Kauth 56 Heather Street Kitchener, Ontario Mr. F. Korn 66 Heather Street Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Ms. J. Korn Ms. E. Korn 70 Heather Avenue Kitchener, Ontario Mr. E. Korn Mr. F. Korn 66 Heather Avenue Kitchener, Ontario Mr. D. Nafziger Ms. S. Nafziger 60 Heather Avenue Kitchener, Ontario Mr. R. Kauth Ms. F. Kauth 56 Heather Avenue Kitchener, Ontario Mr. P. Held Ms. J. Held 46 Heather Avenue Kitchener, Ontario 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 and 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 ft.). The Committee noted the revised comments of the Department of Planning & Development, dated January 23, 1998, 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 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. COMMITTEE OF ADJUSTMENT 36 JANUARY 27, 1998 Consideration of this application was deferred at the meeting of January 6 as a result of concerns raised by the neighbours regarding the use of the property for the storage of contracting materials, and the disrepair of the garage, to allow staff to investigate any by-law contraventions on the property. The City's enforcement staff have been working with the owners to rectify the problems since the last meeting. Lot maintenance violations and zoning violations related to the parking of commercial vehicles and trailers and the storage of materials, have been resolved and Property Standards violations are being dealt with. With the resolution of the property related issues, staff are willing to continue support for the minor variance. Approval of the minor variance will assist in improving the property as the garage is properly completed and 2. Submission No. A 164/97 - Walter Couto - cont'd cleaned up. 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. The Department of Planning and Development recommends approval of Minor Variance Application A-164/97, as submitted. The Committee reviewed the comments of the Director of Building, dated December 2, 1997, in which he advised that a building permit is required to construct the new garage. The Committee noted the comments of the Traffic and Parking Division, dated December 8, 1997, in which they advised that they note that an existing board fence along the southerly lot line should be reduced in height in accordance with the by-law regulations. The Committee noted the written submissions of the neighbourhood residents in opposition to this application. Mr. Couto addressed the Committee stating that he didn't understand why he was having this problem, as there is no other use for this space. It is only a channel between the triplex building and the garage. If the garage was closer to the building he would not bother with the garage addition. It was his opinion that the addition to the garage would make the property look better. Mr. R. Kauth addressed the Committee advising that the neighbourhood concerns are that this property is being used for a business. He advised that they would not have an objection to the application if the property was not used for a business. The Chairman read aloud the revised comments of the Department of Planning and Development concerning their follow-up with respect to Property Standards violations and Zoning violations. Ms. J. Given advised that By-law Enforcement has closed its files and the construction materials have been moved to Mr. Couto business premises. She also advised that the commercial vehicle has been removed. She advised that the Property Standards infractions are still being looked at. Ms. Given stated that Enforcement staff will continue to go out to the property as required. Mr. A. Galloway put forward a motion to approve the application and Ms. S. Campbell seconded the motion provided that the Building and Traffic requirements are included as conditions. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Walter Couto requesting permission to construct a garage addition, which will attach the existing triplex to the existing two bay detached garage, with a rearyard of 0.83 m (2.7 ft.) for the triplex and attached three bay garage rather than the required 7.5 m (24.61 ft.) on Lot 32, Registered Plan 773, 225 Bruce Street, Kitchener, Ontario BE APPROVED subject to the following conditions: COMMITTEE OF ADJUSTMENT 37 JANUARY 27, 1998 1. That the existing board fence along the southerly Iotline shall be reduced in height to comply with the requirements of the Fence By-law. 2. That the applicant shall obtain a building permit prior to constructing the garage addition. 2. Submission No. A 164/97 - Walter Couto - cont'd It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 171/97 - Kingfair Development Corp., 41 Fairway Road South, Kitchener, Ontario Re: Part Lots 30 & 31, Registered Plan 986, 41 Fairway Road South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Robinson Region of Waterloo 150 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting a reduction in the setback of the existing parking lot from the front Iotline. The parking lot is setback between 2.5 m (8.21 ft.) tapering to 0 m rather than the required 3 m (9.85 ft.). This reduction was created when the Region of Waterloo took a road widening along Fairway Road. The Committee noted the comments of the Department of Planning & Development dated November 24, 1997, in which they advised that the applicant is requesting relief from Section 6.1.Ia)iv) of the Zoning By-law which requires a 3.0 metre setback of parking spaces and aisles from the street line. The property was developed in 1988 with a service industrial plaza in accordance with the Zoning By-law requirements. The Region of Waterloo undertook a widening of Fairway Road in 1995 which in effect reduced the setback for the location of the existing parking spaces in relation to the street line and the result was a Zoning By-law deficiency. The parking spaces are now set back approximately 2.5 metres at the widest point from the property line and one space is as close as 0 metres from the property line. The reduction in the set back is minor as there are no changes proposed to the location of the parking spaces and most of the spaces are set back approximately 2.5 metres from the street line. The intent of the Zoning By-law is being maintained as a landscaped area of approximately 2.5 metres is being provided for most of the frontage of this property where landscaping can be provided. In addition, the entranceway is not affected; therefore, there is no visibility problem created as a result of the reduced set back. The requested variance is desirable for the appropriate development of the subject lands because, if the development was changed to provide the full 3.0 metre setback, 15 parking spaces would be eliminated which would create a Zoning By-law deficiency and affect the viability of the use and the functioning of the parking area. In this regard, the variance requested recognizes an existing situation. No changes to the site are proposed. COMMITTEE OF ADJUSTMENT 38 JANUARY 27, 1998 The Department of Planning and Development recommends approval of Submission A171/97 for the reduction in the set back for parking spaces in relation to the street line as highlighted on the site plan attached, prepared by the City of Kitchener, dated received November 14, 1997. 3. Submission No. A 171/97 - Kinqfair Development Corp. - cont'd Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Kingfair Development Corp. requesting legalization of parking spaces setback between 2.5 m (8.21 ft.) and 0 m from the streetline rather than the required 3 m (9.85 ft.) on Part Lot 30 and 31, Registered Plan 986, 41 Fairway Road South, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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. A 2/98 - Dave, Steve, Eugene Bender, R.R.#2, Cambridge, Ontario Re: Lot 6, Plan 1490, 43 Manitou Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Green 5-745 Bridge Street West Waterloo, Ontario Mr. R. Reinhart 824 Victoria Street North Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to construct a new maintenance/storage facility on a legal non-conforming property. The property is legal non-conforming because it does not have frontage on a public street. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to expand an existing landscape business, which has been in existence since approximately 1983. The use of the lands as a contractors establishment complies with the General Industrial Zone (M-2). The subject land; however, has no legal frontage on a public street, as required by Section 5.2 of the Zoning By-law. The existing property, containing the existing dwelling and frame garage has been in existence since approximately 1810 and as a result enjoys legal non- conforming status and requires permission from the Committee of Adjustment for any expansion. Access to the site is gained via a right-of-way over lands owned by two different abutting property owners. It is the Department of Planning and Development's opinion that the proposed structure, which is proposed to have a gross floor area of 353.02 square metres (3,800 square feet), would be a fairly substantial change to the property. The structures currently existing on site, including the COMMITTEE OF ADJUSTMENT 39 JANUARY 27, 1998 dwelling, shop and barn have a total gross floor area of only 232.25 metres square (2500 square feet). It is felt that the construction of the proposed building will have the effect of prolonging the life of the legal non-conforming status of the subject lands which is a key consideration in considering the appropriateness of legal non-1. Submission No. A 2/98 - Dave, Steve, Eu.qene Bender- cont'd conforming properties. Staff have previously corresponded with this property owner regarding the need for the owners to extend a public street to properly service and access several properties in the same legal situation, without frontage on a road. This would be the proper manner in which to rectify this non- conforming situation. In view of the foregoing, the Department of Planning and Development is recommending refusal of this application. The Committee noted the comments of the Traffic and Parking Division in which they recommended that a site plan application be required for the proposed development. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for any new construction. Mr. W. Green addressed the Committee advising that he is appearing on behalf of the tenant of the property, J. D. Landscaping. Mr. Green then explained his client's needs and the benefits of the property for their use. He advised that they wished to purchase this property. Mr. Green stated that he thought the property had existed in its present form since 1973. Mr. R. Reinhart advised that the property has existed in its present form since approximately 1953. Mr. W. Green then reviewed his written submission, which was distributed to the Committee members at the meeting. He advised that, in 1987, the City of Kitchener changed the zoning on this property to General Industrial and that the existing use is permitted in the official plan and in the General Industrial zone. He advised that it is the intention of the client to demolish some of the existing building on the site and replace them with a new maintenance/storage building with a small office component, which will comply with the by-law. He stated that they cannot obtain a building permit because the property does not have frontage on a public street. The variance is simply to facilitate the issuance of a building permit. It was Mr. Green's opinion that, given the use and surrounding uses, the application is an appropriate use of the property. Mr. Green advised that the applicant does not have the ability to provide a public street because of constraints. He then reviewed the four tests in the Planning Act for minor variances, stating that he felt the applicant met the four tests. Ms. J. Given addressed the Committee advising that this is not an application for minor variance but an expansion of a legal non-conforming use. She advised that there are other properties on the laneway and this is an opportunity to provide a public street. Mr. Green responded to Ms. Given's comments, stating that he knew that this was staff's point of view; however, they do not have the ability to implement staff's request. They are only one of four land owners. If they could work with the other owners maybe they could do something but on their own, they cannot. The Chairman questioned whether this was an application for minor variance or expansion of a legal non- conforming use. Mr. Green responded that this is legal use. The Chair then questioned Ms. Given with respect to the use and Ms. Given responded that for a use to comply it must meet the regulations of the by-law and this use does not meet the regulations. The Chair then stated that he is trying to understand staff's point of view. If the application is approved then the situation vis-a-vis the public street won't change; the use will just be conducted in a nicer building. Mr. R. Reinhart advised that Pavestone Plus had an application before this Committee, which was approved; the only difference being that it was not as nice a building as this. Ms. J. Given responded that Pavestone Plus already had a permanent building and only a small addition was being requested. Their application did not perpetuate the use. The Chairman advised that he had a concern. The Committee could refuse the application and hope the existing COMMITTEE OF ADJUSTMENT 40 JANUARY 27, 1998 1. Submission No. A 2/98 - Dave, Steve, Eu,qene Bender- cont'd building falls down or let them build and carry on business in a reasonable facility. If the existing building would last forever, is there any difference. The Chairman then referred to the Traffic and Parking Division comment and questioned whether a site plan application has been submitted. Mr. Green responded that one had not been submitted, as he thought that would be the next step. Ms. J. Given advised that she thinks the applicant believes that a new building will make the business viable. Approval of the application will perpetuate the business and make it more likely that they won't co- operate with the other owners on the lane to get together to make it a public right-of-way. Mr. A. Galloway stated that he is more convinced by the applicant's comment; further, the building location proposed will not prevent the right of way from being expanded to a public right-of-way. Mr. R. Reinhart explained that consent was recently given over a portion of the lane to give a right-of-way to one of the properties from Manitou Drive. Mr. A. Galloway again stated that he sees nothing in the application which will prevent a public road in the future and he recollected a recent application for consent which did a similar thing. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Dave, Steve & Eugene Bender requesting permission to construct a new maintenance/storage facility on a property which has no frontage on a public street on Lot 6, Registrar's Compiled 1490, 43 Manitou Drive, Kitchener, Ontario BE APPROVED subject to the following conditions: That the owner shall receive site plan approval from the City's Department of Planning & Development. It is the opinion of this Committee that: This approval does not allow for the expansion of the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law is passed. That the approval of this application does not prevent the existing private right-of-way from becoming a public right-of-way. Carried 2. 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 Mr. G. Griffiths 200-2155 Leanne Boulevard Mississauga, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 41 JANUARY 27, 1998 2. Submission No. A 3/98 - 397219 Ontario Ltd. & Amalf Investments Ltd.- cont'd 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 noted the comments of the Department of Planning and Development in which they advised that the applicant is requesting relief from the side yard set back from the required 7.5 metres to 5.0 metres 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 side yard is 7.5 metres for all structures, which includes a deck. The reduction in the side yard to 5.0 metres 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 set back greater than 7.5 metres. There are no specific Zoning By-law regulations which treat decks in commercially zoned properties differently from buildings. The difference between the set back 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. The Department of Planning and Development recommends approval of Submission A3/98 for a reduction in the side yard set back from 7.5 metres to 5.0 metres for a deck. The Committee noted the comments of the Traffic and Parking Division in which they advised that it was their opinion that the existing deck railing creates a slight obstruction for motorists exiting from the adjacent drive-thru lane. They recommended that the deck construction be changed to provide a minimum 10' site clearance triangle at this corner of the deck. Mr. G. Griffiths explained the need for and purpose of the application. The Chairman referred to the comment of the Traffic and Parking Division. Mr. K. Mayer advised that a site inspection was made and it was observed that, because of the height of the deck and railing, there is a site obstruction when exiting the drive-thru. A discussion took place on various ways to resolve this situation. The Committee generally agreed to defer consideration of this application to the meeting scheduled for February 17, 1998 in order to allow the applicant an opportunity to work with staff on the traffic problem. 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: 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 February 17, 1998. Submission No. A 5/98 - Bob Harwood, 1270 Westmount Road East, Kitchener, Ontario COMMITTEE OF ADJUSTMENT 42 JANUARY 27, 1998 Re: Part Lot 2, Registered Plan 1471, 1270 Westmount Road East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Heintz RR# 1 St. Agatha, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requests permission to construct a 12' x 12' kitchen addition to the north side of this existing, legal non-conforming dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property contains a legal, non-conforming single detached residential structure to which a printing establishment was added after the property was rezoned Restricted Business Park (B-2). The owner wished to expand the residential use by constructing a 12 foot by 12 foot sunroom addition. A dwelling unit is only permitted in the zone provided it is located "within a main building used for" various office/industrial uses. The printing establishment is not one such use, nor is the dwelling located "within" the main industrial building. As such, the residential use is legal, non-conforming. The expansion is a small addition which, in the opinion of staff, will not have the effect of perpetuating the non-conforming use. Accordingly, staff have no concerns with supporting the expansion. The Department of Planning and Development recommends approval of Submission A5/98. Moved by Mr. A. Galloway Seconded by Ms. S.Campbell That the application of Bob Harwood requesting permission to expand an existing legal non-conforming single family dwelling by constructing a 3.66 m (12 ft.) by 3.66 m (12 ft.) addition on Part Lot 2, Registered Plan 1471, 1270 Westmount Road, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: This approval does not allow for the expansion of the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed. Carried Submission No. A 6/98 - Cango Inc., 3600 Billings Court, Suite 109, Burlinqton, Ontario Re: Part of Lot 2 & 3, Registered Plan 404 and Part of Lot 206, Streets & Lanes, 851 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. C. Bell 1015-135 James Street South Hamilton, Ontario Submission No. A 6/98 - Can.qo Inc.- cont'd CONTRA: NONE COMMITTEE OF ADJUSTMENT 43 JANUARY 27, 1998 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is proposing to convert this property from a gas bar and service garage to a gas bar and restaurant and is requesting legalization of the following variances for the existing building: a rearyard of 0.4 m (1.32 ft.) rather than the required 7.5 m (24.61 ft.), an easterly sideyard of 0 m rather than the required 1.2 m (4 ft.) and a setback from King Street of 12.8 m (42 ft.) rather than the permitted 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is proposing to convert this property from a gas bar and service garage to a gas bar and restaurant and is requesting legalization of the following variances for the existing building: a rearyard of 0.4 m (1.32 ft.) rather than the required 7.5 m (24.61 ft.), an easterly sideyard of 0 m rather than the required 1.2 m (4 ft.) and a setback from King Street of 12.8 m (42 ft.) rather than the maximum permitted setback of 7.5 m (24.61 ft.). The applicant has received Site Plan Approval for the proposed restaurant/gas bar subject to conditions, one of which is approval of a minor variance to recognize the setback deficiencies for the existing building. In addition to the variances required for the existing building as requested on the application, the applicant is also requesting approval to locate a deck 0 metres from the easterly sideyard. The proposed deck location is consistent with the location of the existing building and would have less of an impact on the surrounding lands than the main building. In addition, it is desirable for the appropriate re-use of the existing building. In regard to the existing one storey structure, a variance to the regulations is required because the use is changing; however, as there will be no change to the structure itself, the impact on the abutting lands will be negligible. As such, the request can be considered minor in nature. Additionally, any redevelopment of the site would be required to comply with the regulations maintaining the intent of the by-law. The minor variance is appropriate for the continued use of the existing building. That the applicant's requested approval of a proposed restaurant/gas bar having a rearyard setback of 0.4 m, an easterly setback of 0 m, and a setback from King Street of 12.8 m be approved subject to the variance applying to the development as shown on the approved site plan dated November 21, 1997. Mr. A. Galloway questioned whether there is an approved site plan and Mr. R. Morgan advised that the site plan has been approved subject to this application. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Cango Inc. requesting approval of a proposed restaurant/gas bar having a rearyard setback of 0.4 m (1.32 ft.) rather than the required 7.5 m (24.61 ft.), an easterly setback of 0 m rather than the required 1.2 m (4 ft.) and the setback from King Street of 12.8 m (42 ft.) rather than the permitted 7.5 m (24.61 ft.) on Part Lots 2 & 3, Registered Plan 404 and Part Lot 206, Streets & Lanes, 851 King Street East, Kitchener, Ontario BE APPROVED subject to the following condition: That the variances as approved in this application shall apply to the development as shown on the approved site plan dated November 21, 1997. It is the opinion of this Committee that: 5. Submission No. A 6/98 - Can,qo Inc.- cont'd 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. COMMITTEE OF ADJUSTMENT 44 JANUARY 27, 1998 Carried Submission No. A 7/98 - Regional Municipality of Waterloo, 150 Frederick Street, Kitchener, Ontario Re: Part Lot 39, German Company Tract, 1516 Glasgow Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. E. Szenyi 82 Heins Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission for a home business, offering personal care services, in a legal non-conforming single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is in agricultural use, and contains a single detached dwelling which is a legal non-conforming use. The applicant proposes to establish a home business within the existing dwelling and requests permission to use a portion of the dwelling for a use which is similar to the single detached dwelling. Prior to 1994 the property was beyond the limits of the Land Use Plan Boundary in the City's Official Plan, and was zoned Agricultural. The 1994 Municipal Plan designated the property for "Municipal Services and Public Utilities" based on its being owned by the Regional Municipality of Waterloo, as well as its location adjacent to the Region's Erb Street Landfill Site, the CNR main line and lands designated and zoned for industrial use. On October 11, 1994, the property was rezoned in Stage 7 of the Comprehensive By-law. As the zoning by-law permits public service and utility uses in any zone, there is no zone which specifically implements the "Municipal Services and Public Utilities" designation. The property was zoned Open Space (P-2) so as to permit a reasonable range of land uses, including the existing agricultural use, which would be compatible with adjacent land uses. The dwelling became a legal non-conforming use in the P-2 Zone. The application states that the proposed home business comprises waxing, massage, ear candling, facials and a jacuzzi bathtub. This would be defined as Personal Service, which is a permitted home business in single detached dwellings in all residential zones. The massage component of the business is defined as Personal Service rather than Health Office as it is not done by a Registered Massage Therapist. The City requires issuance of a massagist licence only if the massage is for erotic/adult entertainment purposes, which is not the nature of this proposal. In order to meet the test of Section 45 (2)(a)(ii) of the Planning Act, the Committee must be of the opinion that proposed single detached dwelling with a home business is similar to the legal non-conforming single detached dwelling, or more compatible with the uses permitted in the P-2 Zone. 6. Submission No. A 7/98 - Reqional Municipality of Waterloo - cont'd Staff recommend that, provided the home business is subject to the regulations which apply to all home businesses in single detached dwellings, it should be found to be similar to the legal non-conforming use. The City's sign by-law does not permit signage for the proposed use. The establishment of the proposed home business does not have the effect of perpetuating the legal non- conforming use, and is reasonably compatible with existing and permitted land uses on adjacent lands. The Department of Planning and Development recommends approval of Submission A7/98, subject to the COMMITTEE OF ADJUSTMENT 45 JANUARY 27, 1998 following terms: 1. That the home business be subject to the regulations set out in Section 5.13 of By-law 85-1. 2. That the massage component of the home business not be conducted in such a manner as to be for erotic/adult entertainment purposes. The Committee noted the comments of the Traffic and Parking Division in which they advised that they have no concerns regarding this application, provided that the required on-site parking can be accommodated. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of the Regional Municipality of Waterloo requesting permission for a home business offering personal care services in a legal non-conforming single family dwelling on Part Lot 39, German Company Tract, 1516 Glasgow Street, Kitchener, Ontario BE APPROVED subject to the following condition: 1. That the home business shall be subject to the regulations set out in Section 5.13 of By-law 85-1. That the massage component of the home business shall not be conducted in such a manner as to be for erotic/adult entertainment purposes. That the required off-street parking shall be approved by the Traffic & Parking Division of the City of Kitchener. It is the opinion of this Committee that the use of this property as a single family dwelling and home business is similar to the purpose for which the property was used on the day the by-law was passed. Carried Submission No. A 8/98 - Robert Eby, 616 Lancaster Street West, Kitchener, Ontario APPEARANCES: IN SUPPORT: Messrs. B. & D. Sawatzky 1486 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 sunroom and deck addition on the rear of the existing dwelling with a southerly sideyard of 0.4 m (1.3 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to construct 7. Submission No. A 8/98 - Robert Eby - cont'd a sunroom and deck addition onto the rear of the existing dwelling with a left sideyard of 0.4 metres (1.3 ft) rather than the required 1.2 metres (4 ft). After discussion with the applicant he has stated that the actual proposed setback of the addition will be 0.53 metres (1.75 ft). Consequently he has requested that the application be amended to request a left sideyard of 0.53 metres (1.75 ft) rather than the required 1.2 metres (4 ft). COMMITTEE OF ADJUSTMENT 46 JANUARY 27, 1998 The subject property is divided between two zoning categories. The front portion of the property is zoned Convenience Commercial (C-4) with special provisions 1R and 10U and it contains the one and two- storey main building. Special provision 10U prohibits dwelling units. Research has determined that the dwelling unit is legal non-conforming as it legally existed prior to the current zoning. The rear portion of the property is zoned Existing Use (E-l) with special provision 190U. Special provision 190U states that those uses permitted in the C-4 zone, but not including those uses prohibited in E-l, shall also be permitted. From maps prepared by the Grand River Conservation Authority, the rear wall of the main building indicates the approximate location where the E-1 zone begins. An existing two-storey sunroom and deck was constructed to the rear of the main dwelling adjacent to the left sideyard in 1996. This portion of the structure is within the E-1 zone. As shown on the submitted drawings, the requested variance is also for a second-storey structure. The addition is to be another sunroom and continuation of the existing deck towards the right sideyard (as indicated on the submitted floor plan). The deck and sunrooms are supported by pillars with an open area underneath them. The rear of the main floor of the structure is used for residential purposes and for an office, as noted by the applicant. The main building which is located in the C-4 zone has a zero sideyard requirement. Consequently the existing building, which is setback 0.46 m (1.5 ft), complies to the by-law. In the E-1 zone the existing and proposed sunrooms and proposed deck are considered legal uses of the property. Any additions in the E-1 zone require a sideyard setback of 1.2 metres (4 ft) and a rearyard of 7.5 metres (24.6 ft). Additionally, the by-law states that the total floor area of additions constructed after October, 1994, shall not exceed 25% of the ground floor building area. In this case the total floor area of the additions would be within the 25% maximum floor area allowed. The intent of the required sideyard setback is to provide privacy between abutting properties. However, in this instance the abutting property contains a commercial use (610 Lancaster St W - The Bank of Montreal) and the addition would not appear to adversely affect the use of the abutting property. As stated by the applicant, the proposed additions are to be constructed a few inches farther from away the side lot line than the existing building. Therefore the addition would not be any more onerous than what currently exists. Additionally, it appears that the exterior maintenance of the property can be maintained. It is noted that the measurement for the rear yard setback is not indicated on the site plan submitted by the applicant. A rear yard of 7.5 metres is required and the applicant is advised that he is responsible for ensuring he meets this setback. The applicant is advised that a Fill, Construction and Alteration to Waterways Permit is required from the Grand River Conservation Authority. Based on the above comments, it is the opinion of staff that the impact of the variance is minor and the general intent of the by-law and Municipal Plan are being met. Staff consider the variance appropriate development and use of the land. 7. Submission No. A 8/98 - Robert Eby - cont'd The Department of Planning and Development recommends approval, as amended, of Submission A 8/98 as indicated on the drawing submitted by the applicant. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for the new sunroom and deck. He advised that a wall located less than 2 ft. from the property line shall have no openings and have a 45 minute fire resistance rating and be clad with non-combustible cladding. The Committee noted the comments of the Grand River Conservation Authority in which they recommended that this application be deferred for site plan, additional information on location so that they can assess permit requirements, slope and flood plain issues. The Committee questioned the amendment noted in the Department of Planning and Development COMMITTEE OF ADJUSTMENT 47 JANUARY 27, 1998 comments and was advised that the City had a better plan which showed clearly a 1.5 ft. side yard instead of the 1.3 ft. side yard the applicant thought that he had. The Committee agreed to consider this amendment to the application. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Robert Eby requesting permission to construct a sunroom and deck addition on the rear of the existing dwelling with a southerly sideyard of 0.53 m (1.75 ft.) rather than the required 1.2 m (4 ft.) on Part Lot 7, Registered Plan 577, 616 Lancaster Street West, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to the proposed sunroom and deck only as shown on the plan submitted with this application. 2. That the applicant shall obtain a building permit prior to constructing the sunroom and deck. That the wall located less than 2 ft. from the property line shall have no openings, shall have a forty-five minute fire resistance rating and shall be clad with non-combustible cladding. That the owner shall comply with the requirements of the Grand River Conservation Authority and shall obtain any required permits from the Authority prior to constructing the proposed sunroom and deck. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS Re: Submission No.'s B 118/97 & B 119/97 - 1148386 Ontario Inc., 374 Hamilton Road, P.O. Box 580, New Hamburg, Ontario Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 & 5, Municipal Compiled Plan 1022, 245 Strasburg Road, Kitchener, Ontario. 1. Submission No.'s B 118/97 & B 119/97 - 1148386 Ontario Inc. - cont'd APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. P. Brittan 171 Victoria Street, North Kitchener, Ontario NONE NONE NONE COMMITTEE OF ADJUSTMENT 48 JANUARY 27, 1998 Ms. J. Given advised that the applicant seeks a deferral of these applications to the meeting to be held on June 30, 1998, which Mr. P. Brittan agreed to and the Committee agreed to defer consideration of these applications to that meeting. APPLICATIONS Submission No.'s B 1/98 & A 1/98 - Price Costco Canada Inc., 15 Lesmill Road, North York, Ontario Re: Part Lot No. 7, Registered Plan 1725, Part 1, Reference Plan 58R-10902, 4438 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Farber Suite 4400, Royal Trust Tower Toronto-Dominion Centre Toronto, Ontario CONTRA: Mr. E. Simms Sportsworld Shopping Centre P.O. Box 358 Markham, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a frontage of approximately 42 m (137.8 ft.) on Gateway Park Drive and an area of approximately 2,700 m2 (29,063.51 sq. ft.) the use of the property will be Highway Commercial. The severance will be subject to and together with easements for services and rights-of-way for access. The applicant has also applied for approval of minor variances; as the severed parcel will have an area of 2,700 m2 (29,063.51 sq. ft.) rather than the required 6, 000 m~ (64,585.58 sq. ft.) and building having a gross floor area of 650 m~ (6,996.771 sq. ft.) rather than the required 1,800 m~ (19,375.68 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is 4.85 hectares in size and was originally developed with a Price Costco store of 11,443 square metres, having access to both King Street East and Gateway Park Drive. In October, 1997, a shoe store was constructed on the same site, sharing parking and access. The purpose of Consent application B-1/98 is to create a separate lot of 2,700 square metres on which the retail shoe store, having a gross floor area of 650 square metres (7,000 square feet) would be situated. The consent application also seeks approval to establish an easement for services and a right-of-way 1. Submission No.'s B 1/98 & A 1/98 - Price Costco Canada Inc. - cont'd over the driveways at Gateway Park Drive and King Street East for access to the new lot. Minor variance application A-1/98 is submitted to reduce the minimum gross floor area devoted to retail from 1,800 square metres (20,000 square feet), to 650 square metres (7,000 square feet) and to reduce the minimum lot area of the severed lands from 6,000 square metres to 2,700 square metres. Staff have had previous discussions with the applicants and advised them that these applications contravene both the City's Municipal Plan and Zoning By-law. The Highway Commercial land use district was introduced into the City's new Municipal Plan in 1994 to provide suitable locations for the development of "Big Box" or "New Format" retail commercial developments. The district provides for a broad range of commercial developments having the same basic characteristics and functions as Service Commercial. One key distinction is with respect to retail uses. Certain retail uses are freely permitted in the Service Commercial district and therefore, in Highway Commercial, which includes uses such as furniture or appliance stores, which have large or bulky products and are oriented to the travelling public COMMITTEE OF ADJUSTMENT 49 JANUARY 27, 1998 and not usually found in a shopping centre. The Municipal Plan clearly sets out that these districts are not intended to provide locations for those retail uses normally found in the Downtown, Regional, Community and Neighbourhood shopping centres, such as clothing, jewellery, toys or shoes. Further, the Municipal Plan sets out that "substantial site area and frontage requirements shall be applied through the Zoning By-law to provide for the development of larger free standing buildings." The proposed severed lot does not constitute a "substantial site area", as it contravenes the minimum lot area requirements of the C-8 Zone, which is addressed below. The C-8 Zone contains both regulations governing minimum lot size and a minimum floor area devoted to non-Service Commercial retail uses, to ensure the intent of the district, for "big box" developments is maintained. While the proposed severed lands, for the shoe store, meets the lot width requirement, it does not meet the minimum lot area requirement of 6,000 square metres, proposed at 2,700 square metres. The second minor variance required relates to the other provision intended to ensure large scale developments within this district, the minimum retail floor area. The C-8 zone establishes a minimum gross floor area devoted to non-Service Commercial retail uses, of 1,800 square metres (20,000 square feet) for any individual outlet. The existing retail establishment which is proposed to be located on the severed lands is 650 square metres (7,000 square feet), substantially less than the permitted minimum. By-law 94-184, which first created the Highway Commercial Zone (C-8) and applied it to the lands in the Gateway Park subdivision, including the subject lands, contained only a minimum lot area and lot width requirement. The minimum retail floor area was added to the C-8 after an appeal to the Zone Change By- law was launched by a neighbouring property owner who had insufficient lot area to be permitted the additional retail uses, and was concerned that properties nearby meeting the minimum lot size could have small retail uses which could otherwise be located on the appellant's lands, except that his lot area was insufficient, creating "unfair competition". Staff recommended a revision to the by-law to add a minimum floor area for non-Service Commercial retail uses, to more stringently implement the intent of the Municipal Plan, and the appeal was withdrawn. At the same time, the by-law was amended to permit retail establishments having a minimum gross floor area of 650 square metres, provided they are located on the same lot as a permitted use at least 1800 square metres in size and not exceeding 25% of the gross floor area. The existing shoe store obtained a building permit under this provision, as it is located on the same lot as the Price Costco building, which exceeds the minimum size. This regulation provides for "campus type" big box developments which were part of an emerging trend identified by other Municipalities when the City was reviewing the C-8 Zone. Certain smaller retail chains were being planned and developed on the same site as a big box establishment, complementing each other. Only on a single lot under common ownership are these smaller retail establishments permitted, which is intended to recognize a market trend while maintaining the function of the smaller shopping centres for the majority of small retail development. To date, this is the only site having developed under these provisions of the by-law, although the two buildings were not built and established together. 1. Submission No.'s B 1/98 & A 1/98 - Price Costco Canada Inc. - cont'd In the opinion of staff, the severance is not appropriate and the proposed Minor Variance application fails to meet all of the tests under the Planning Act. The reduction in the lot area, from 6000 square metres to 2700 square metres is not minor, nor does it meet the intent of the Zoning By-law or Municipal Plan, which requires "substantial site area". The reduction in the minimum gross floor area devoted to retail, from 1,800 square metres, to 650 square metres, is not minor nor does it maintain the intent of the Municipal Plan or Zoning By-law, which is to promote the Highway Commercial district as a planned location for large retail uses while preserving the function of the retail commercial districts oriented to pedestrian traffic, for smaller retail establishments. Further, supporting the minor variances would contravene the City's position in resolving the Ontario Municipal Board appeal and set a very serious precedent for other Highway Commercial lands. The Department of Planning and Development is strongly opposed to these Consent and Minor Variance applications. That Consent application B-1/98 and Minor Variance application A-1/98 be refused. The Committee noted the comments of the Department of Planning and Culture, Regional Municipality of Waterloo, in which they advised that they have no concerns with these applications. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested that, should the application be approved, the owner be required to make electrical servicing arrangements satisfactory to the Kitchener Wilmot Hydro. COMMITTEE OF ADJUSTMENT 50 JANUARY 27, 1998 Mr. J. Farber addressed the Committee advising that the real purpose of these applications is to separate ownership. He stated that the Price Club is not in the business of being a landlord. He explained that nothing on the ground will change and there is no additional development potential on the site. Mr. Farber advised that the official plan talks about large sites and the site has been developed in accordance with those policies. Further, he stated that the property has been developed in accordance with the by-law and the official plans; the application simply changes the ownership. Concerning the O.M.B. decision, it was Mr. Farber's opinion that their decision is not applicable in this instance. He again emphasized that this is really just changing the ownership, nothing on the site will change. Mr. A. Galloway requested that staff summarize their concerns. Ms. J. Given advised that the by-law intends retail power uses in this zone. An appeal was filed from a neighbouring owner, because a building size was not included in the zone. Ms. Given explained that the by-law was re-written to include a minimum building size of 20,000 sq. ft. in this zone. The appellant didn't want any sites being developed with strip malls to compete with other retail areas in the City. The intent was to have strictly big box stores in this area. To approve these applications would be very problematic, even if it didn't change the appearance on the site. The Chairman noted the manner in which the site was developed. If this Committee would approve these applications it would allow the owner to achieve through the back door what it could not achieve through the front door. If the owner does not want to be a landlord it should not have built the building. He stated that he was not in support of these applications. Mr. E. Simms advised that he had filed the appeal for the zoning by-law and he settled with the City on a minimum building size. He stated that he is strongly opposed to these applications. Mr. A. Galloway suggested that staff review the provisions for these campus buildings; as it leaves the opportunity open for these types of applications. Submission No. B 1/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell 1. Submission No.'s B 1/98 & A 1/98 - Price Costco Canada Inc. - cont'd Submission No. B 1/98 - cont'd That the application of Price Costco Canada Inc. requesting permission to convey a parcel of land having a frontage of approximately 42 m (137.8 ft.) on Gateway Park Drive, and having an area of approximately 2,700 m2 (29,063.51 sq. ft.), subject to and together with easements and rights-of-ways on Part Lot 7, Registered Plan 1725, Part 1, Reference Plan 58R-10902, 4438 King Street East, Kitchener, Ontario BE REFUSED. It is the opinion of this Committee that the requirements of the Zoning By-law would not be maintained on the severed lands. Submission No. A 1/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Price Costco Canada Inc. requesting permission for the severed lands to have an area of 2700 m2 (29,063.51 sq. ft.) rather than the required 6,000 m~ (64.585.58 sq. ft.) with a building on the severed lands to have a gross floor area of 650 m~ (6,996.771 sq. ft.) rather than the required 1800 m~ (19,375.68 sq. ft.) on Part Lot 7, Registered Plan 1725, Part 1, Reference Plan 58R-10902, 4438 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. COMMITTEE OF ADJUSTMENT 51 JANUARY 27, 1998 2. This application is not desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are not being maintained on the subject property. Ms. S. Campbell stated that she agrees with the Chairman that the applicant is trying to do through the back door what it could not do through the front door. Carried Submission No.'s B 2/98 & B 3/98 - Mandev Developments, 26 Manorcrest Drive, Willowdale, Ontario Re: Lots 17 & 18, Plan 1827, Golden Terrace Court, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. C. Moliniro 26 Manorcrest Drive Willowdale, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting an easement along the easterly side Iotline of Lot 17, across the rear of Lot 17 and across the rear of Lot 18 to provide rearyard access for Lot 19. 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 17 and 18 of R.P. 1827. 2. Submission No.'s B 2/98 & B 3/98 - Mandev Developments - cont'd The owner 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 proposed easements are to be 0.9 metres in width and would be established in the following locations: · Application B2/98 - along the left side and rear of Lot 17 in favour of Lot 18 and Lot 19 · Application B3/98 - along the rear of Lot 17 in favour of Lot 19 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 B2/98 and B3/98, 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 and Culture, Regional Municipality of Waterloo, in which they advised that they have no concerns with these applications. Mr. Moliniro addressed the Committee and explained the situation and the need for the application. COMMITTEE OF ADJUSTMENT 52 JANUARY 27, 1998 Submission No. B 2/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Mandev Developments requesting permission for an easement, having a width of 0.9 m (2.96 ft.) along the left side and rear of this lot in favour of Lots 18 & 19 on Part Lot 17, Registered Plan 1827, 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 27, 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 3~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell 2. Submission No.'s B 2/98 & B 3/98 - Mandev Developments - cont'd Submission No. B 3~98 - cont'd That the application of Mandev Developments requesting permission for aneasement, having a width of 0.9 m (2.96 ft.) along the rear of this lot in favour of Lot 19 on Part Lot 18, Registered Plan 1827, 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 27, 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. COMMITTEE OF ADJUSTMENT 53 JANUARY 27, 1998 Carried Submission No. B 4/98 - Trustees of the Emmanuel Bible College, 100 Fergus Avenue, Kitchener, Ontario 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 Fairway Road, South, Kitchener, Ontario 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 Emmananuel 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. The Committee noted the comments of the Department of Planning and Development 3. Submission No. B 4/98 - Trustees of the Emmanuel Bible College and Submission No. B 5/98 - Emmanual Villa.qe Homes (Kitchener) Inc. - cont'd in which they recommended that the applicants are requesting consent to sever the rear portion of a large parcel of land which fronts Fergus Avenue and is developed with the 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 applicants propose to merge the lands to be severed with a parcel of land which fronts Weber Street. An application for site plan approval on the lands to be severed, including the lands with which it is intended to merge, has been submitted under application SP97/22ANNL and is currently being processed. The proposal is for the development of a 50 unit apartment building and 46 townhouses. The Owners are proposing a life lease tenure for the townhouses which also require consent from the Committee to allow them to lease the units for greater than 21 years. The site plan is currently being circulated for input from various departments and outside adjencies. There are a some issues which need to be resolved prior to the site plan being approved which may affect these applications. The Department of Planning and Development is recommending that these applications be deferred until the February 17, 1998 meeting to provide additional time to resolve the issues which need to be addressed. Staff have discussed the deferral of the applications with the agent for the owners, who is in agreement with the deferral. That Applications B4/98 and B5/98 be deferred to the February 17, 1998 meeting to allow additional time to address issues related to Site Plan Application 97/22ANNL. When questioned by the Committee, Mr. Pidgeon advised that timing is of the essence and that they have a meeting scheduled for the upcoming Friday for site plan discussion. After a brief discussion with COMMITTEE OF ADJUSTMENT 54 JANUARY 27, 1998 the applicants, Mr. Pidgeon advised that they would agree to a deferral until the February 17 meeting. The Committee agreed to defer consideration of this application to the meeting to be held on Tuesday February 17, 1998. Submission No.'s B 6/98 - Rudolf & Aloizia Virant - 163 Carson Drive, Kitchener, Ontario Lot 35, Registered Plan 865, 163 Carson Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Virant 163 Carson Drive Kitchener, Ontario CONTRA: Mr. B. Dahmer 157 Carson Drive Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant are requesting permission to sever a parcel of land having a frontage on Carson Drive of 24.92 m (81.76 ft.) and an area of 868.8 m2 (9,352 sq. ft.), containing the existing single family dwelling. The vacant, retained lands are intended to be developed with a single family dwelling. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicants are requesting permission to sever a parcel of land having a frontage on Carson Drive of 24.92 metres (81.76 feet) and an area of 868.8 square metres (9,352 square feet). The existing use of the property is a single family dwelling. 4. Submission No.'s B 6/98 - Rudolf & Aloizia Virant - cont'd The proposed retained parcel will have a frontage of 61.49 feet (18.74 metres) along Carson Drive and a lot area of 8,774 square feet (815.1 square metres). The proposed retained parcel will be developed with a single detached dwelling. This property was the considered under Application B-59/90 by the Committee of Adjustment on September 5, 1990 for identical request. The Committee supported the application subject to a number of conditions and the application lapsed as all conditions were not fulfilled. The severance provides for the proper and orderly development of the lands. Both the lots to be retained and severed comply with all regulations of the R-3 Zone. The Department of Planning and Development recommends approval of Application A-6/98 subject to the following conditions: 1) 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. 2) That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation of new service connections to the severed lands. 3) That the owner make financial arrangement to the satisfaction of the 4.City's General Manager of Public Works for the installation to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. COMMITTEE OF ADJUSTMENT 55 JANUARY 27, 1998 4) 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 and Culture, Regional Municipality of Waterloo in which they advised that they have no concerns with this application. Mr. G. Virant addressed the Committee advising that he agreed with the staff comments and felt that the application was straight forward. The Chairman referred Mr. Virant to the suggested conditions of staff, which Mr. Virant advised that he agreed to. Mr. Dahmer addressed the Committee requesting a copy of the staff comments, which were provided to him. Mr. Dahmer advised that his main concern was that a smaller lot would not conform with the neighbourhood and that he wants the new house to correspond to other houses on the street. Mr. A. Galloway noted that the property is zoned R-3 and asked staff to explain the regulations of that zone, which Ms. Given did. It was noted that the Committee could not force the owner to build a house which conforms to the existing houses when the by-law does not require it. It would be up to the good graces of the owner to fit into the neighbourhood. The Chairman stated that the lot meets the requirements of the by-law and the by-law governs where the house goes on the lot. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Rudolf & Aloizia Virant requesting permission to convey a parcel of land having a frontage on Carson Drive of 24.92 m (81.76 ft.) and having an area of 868.8 m2 (9,352 sq. ft.) on Part Lot 35, Registered Plan 865, 163 Carson Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be retained. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new 4. Submission No.'s B 6/98 - Rudolf & Aloizia Virant - cont'd service connections to the 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 and a paved driveway ramp on the retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 27, 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. The Committee requested that the owner take into consideration the concerns of the neighbour when building the new house. Carried COMMITTEE OF ADJUSTMENT 56 JANUARY 27, 1998 Submission No.'s B 7~98 & B 8~98 - Mauril & Shirley Hache, 66 Nelson Avenue, Kitchener, Ontario Part Lot 10, Registered Plan 675, 66 Nelson Avenue, Kitchener, Ontario. - and - Re: Submission No.'s B 9/98 & B 10/98 - Ralph Schmidt, 68 Nelson Avenue, Kitchener, Ontario Part Lot 10, Registered Plan 675, 68 Nelson Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Schwegel 35 Nine Pines Road Kitchener, Ontario Mr. A. Michael 665 Erbsville Road Waterloo, Ontario Mr. M. Hache 66 Nelson Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE Submission No.'s B 7/98 & B 8/98 - Mauril & Shirley Hache and 10/98 - Ralph Schmidt - cont'd Submission No.'s B 9/98 & B The Committee was advised that the applicants are proposing to sever two parcels of land from the rear of each property. A severed parcel from 66 Nelson Avenue will be combined with a severed parcel from 68 Nelson Avenue in order to create 2 new building lots fronting Tagge Street. Each of the two new lots will have a frontage on Tagge Street of 13.71 m (44.98 ft.), and a depth of 36.9 m (121.07 ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that application has been made by two property owners residing at 66 and 68 Nelson Avenue to sever the rear portion of their lands into two parcels to create two new lots fronting Tagge Street. Each property contains a single detached dwelling, which was constructed in approximately 1959, and a shed. The shed located at 66 Nelson Avenue enjoys a legal non-conforming sideyard, as it was built in 1981. Tagge Street was extended in 1993 through the registration and development of Plan of Subdivision 30T-88018. The existing southerly sideyard abutting a street relative to both the dwelling and shed located at 68 Nelson are legal non-conforming as a result of the widening of Tagge Street. Each of the retained lands and the location of the existing dwellings and sheds will comply in all other respects with the current Zoning By-law. The lands to be severed, once merged in title with the abutting properties will comply with the Zoning By-law provisions and create two new developable lots fronting Tagge Street. The lands immediately to the west of the subject lands were similarly severed in 1993 to create two lots fronting Tagge Street. In this regard, these proposed severences will create a consistent streetscape along Tagge Street. The consents create suitable infill building lots which will be in keeping with the character of the area. In this regard, the Department of Planning and Development supports the severance subject to the conditions contained in the Recommendation Section. The Department of Planning and Development recommends approval of Consent Applications: B7/98, COMMITTEE OF ADJUSTMENT 57 JANUARY 27, 1998 B8/98, B9/98 and B10/98 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, being parcels 1,2, 3 and 4. That the lands to be severed, parcel 1, be added to the abutting lands, parcel 3, 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 the lands to be severed, parcel 2, be added to the abutting lands, parcel 4, 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 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 all the severed lands. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on both of the severed lands, being parcels 1 and 3 and 2 and 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges for both properties. The Committee noted the comments of the Department of Planning and Culture, Regional Municipality of Waterloo, in which they advised that they had no concerns with these applications. Submission No.'s B 7/98 & B 8/98 - Mauril & Shirley Hache and 10/98 - Ralph Schmidt - cont'd Submission No.'s B 9/98 & B Mr. Schwegel addressed the Committee advising that the purpose of these applications is to create two new building lots. Submission No. B 7/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Mauril & Shirley Hache requesting permission to convey a parcel of land having a width of 18.45 m (60.54 ft.) by a depth of 13.1 m (32.98 ft.) and having an area of 241.69 m2 (2,601.63 sq. ft.) as a lot addition to the lands to be severed in Submission No. B 9/98 on Part Lot 10, Registered Plan 675, 66 Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owners 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 lands to be severed in this application shall be added to the lands to be severed in Submission No. B 9/98 and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsection 50(3) and/or (5) of the Planning Act. That the owners shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands. That the owners shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp for the new lot being created through Submission No.'s B 7/98 and B 9/98. That the owners 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 COMMITTEE OF ADJUSTMENT 58 JANUARY 27, 1998 years from the date of approval, being January 27, 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 8/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Mauril & Shirley Hache requesting permission to convey a parcel of land having a width of 18.45 m (60.54 ft.) by a depth of 13.71 m (44.98 ft.) and an area of 252.94 m2 (2,722.72 sq. ft.) as a lot addition to the lands to be severed in Submission No. B 10/98 on Part Lot 10, Registered Plan 675, 66 Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: 5. Submission No.'s B 7/98 & B 8/98 - Mauril & Shirley Hache and Submission No.'s B 9/98 & B 10/98 - Ralph Schmidt - cont'd Submission No. B 8/98 - cont'd That the owners 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 lands to be severed in this application shall be added to the lands to be severed in Submission No. B 10/98 and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsection 50(3) and/or (5) of the Planning Act. That the owners shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands. That the owners shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp for the new lot being created through Submission No.'s B 8/98 and B 10/98. That the owners 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 27, 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. COMMITTEE OF ADJUSTMENT 59 JANUARY 27, 1998 Carried Submission No. B 9/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Ralph Schmidt requesting permission to convey a parcel of land having a width on Tagge Street of 13.71 m (44.98 ft.) by a depth of 18.45 m (60.54 ft.) and an area of 252.94 m2 (2,722.72 sq. ft.) as a lot addition to the lands to be severed in Submission No. B 7/98 on Part Lot 10, Registered Plan 675, 68 Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the lands to be severed in this application shall be added to the lands to be severed in Submission No. B 7/98 and title shall be taken in identical ownership, with any subsequent conveyance or transactions complying with Subsection 50(3) and/or (5) of the Planning Act. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands. Submission No.'s B 7/98 & B 8/98 - Mauril & Shirley Hache and Submission No.'s B 9/98 & B 10/98 - Ralph Schmidt - cont'd Submission No. B 9/98 - 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 and a paved driveway ramp for the new lot being created through Submission No.'s B 7/98 and B 9/98. 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 make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands, including the granting of any easements required by the Commission. 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 27, 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 10/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Ralph Schmidt requesting permission to convey a parcel of land having a width on Tagge Street of 13.71 m (44.98 ft.) by a depth of 18.45 m (60.54 ft.) and an area of 252.94 m2 (2,722.72 COMMITTEE OF ADJUSTMENT 60 JANUARY 27, 1998 sq. ft.) as a lot addition to the lands to be severed in Submission No. B 8/98 on Part Lot 10, Registered Plan 675, 68 Nelson Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the lands to be severed in this application shall be added to the lands to be severed in Submission No. B 8/98 and title shall be taken in identical ownership, with any subsequent conveyance or transactions complying with Subsection 50(3) and/or (5) of the Planning Act. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp for the new lot being created through Submission No.'s B 10/98 and B 8/98. 5. That the owner shall make satisfactory arrangements with the City of Submission No.'s B 7/98 & B 8/98 - Mauril & Shirley Hache and 10/98 - Ralph Schmidt - cont'd Submission No.'s B 9/98 & B Submission No. B 10/98 - cont'd Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands, including the granting of any easements required by the Commission. 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 27, 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 11/98 & B 12/98 - McLean-Peister Limited, 3328 King Street East, Kitchener, Ontario Lot 7, Registered Plan 698, Part 8, Beasley's Broken Front Concession, 4511 - 4515 King Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Vander Baaren 145 Columbia Street West Waterloo, Ontario CONTRA: NONE COMMITTEE OF ADJUSTMENT 61 JANUARY 27, 1998 WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to sever 2 properties, fronting Edgehill Drive, for residential use. Each lot will have a frontage of 32.5 m (106.63 ft.) on Edgehill Drive by a depth of approximately 102 m (334.65 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is a vacant, through lot designated and zoned Service Commercial along King Street East and Low Rise Residential along Edgehill Drive. The two severance applications contemplate the creation of two residential lots fronting Edgehill Drive with the retained lands having frontage on King Street East. The Pioneer Tower West Service Commercial Secondary Plan established the intent for the dual use of this property, by encouraging the severance of the rear of the property for residential use and limiting the location of commercial buildings to a depth consistent with the commercial properties to the east. This enabled the protection of the residential properties fronting Stanson Close, whose rear yards abut the sideyard of the lot to be created under Consent B-11/98. 6. Submission No.'s B 11/98 & B 12/98 - McLean-Peister Limited - cont'd The residential lands were recently rezoned in a comprehensive planning process including all of Pioneer Tower West. The existing residential community was rezoned R-2 with a special regulation provision increasing the minimum lot width to 30 metres, the front yard and sideyard abutting a street to 7.62 metres, and the lot area to 2023 square metres, to ensure that all newly created infill lots were compatible with the existing lotting fabric and dwelling location. The proposed lots comply in all respects with the special R-2 zoning and as such, the severances would allow for appropriate infill residential development. The retained lands are sufficient in size to allow their development with a Service Commercial use in accordance with the special provisions affecting the property. The consent applications allow for appropriate infill residential development in accordance with the Secondary Plan and Zoning By-law and as such, are recommended for approval, subject to the conditions below. That Consent applications B-11/98 and B-12/98 be approved subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a driveway culvert (if required) and paved driveway ramp on each of the severed lands. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Regional Medical Officer of Health for the provision of private septic services. The Committee noted the comments of the Department of Planning and Culture, Regional Municipality of Waterloo, in which they advised that they had no objections to the approval of these applications, subject to the condition that the applicant convey a 17 ft. road widening to the Region, along the King Street frontage of the subject land. They also advised the applicant that a lot grading and drainage plan and storm water management plan and access permit are also required, prior to the development to the subject land; however, these requirements can be deferred until site plan approval. Mr. Wander Baaren advised the Committee that he had spoken with the Region with respect to their requirements and the applicant reluctantly agreed. Mr. A. Galloway questioned access to this property and Mr. Wander Baaren advised that the access is existing and that this portion of King Street became a Regional road in April of 1997. Submission No. B 11/98 COMMITTEE OF ADJUSTMENT 62 JANUARY 27, 1998 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of McLean-Peister Limited requesting permission to convey a parcel of land having a frontage on Edgehill Drive of 32.5 m (106.63 ft.) by a depth of 102 m (334.65 ft.) and having an area of 3,315 m2 (35,683.53 sq. ft.) on Part Lot 7, Registered Plan 698 on Part Lot 8, Beasley's Broken Front Concession, 4511-4515 King Street East, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a 17 ft. road widening along the King Street frontage of the 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 driveway 6. Submission No.'s B 11/98 & B 12/98 - McLean-Peister Limited - cont'd Submission No. B 11/98 - cont'd culvert (if required) and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Regional Medical Officer of Health for the provision of private septic services. 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 27, 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 12/98 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of McLean-Peister Limited requesting permission to convey a parcel of land having a frontage on Edgehill Drive of 32.5 m (106.63 ft.) by a depth of 102 m (334.65 ft.) and having an area of 3,315 m2 (35,683.53 sq. ft.) on Part Lot 7, Registered Plan 698 on Part Lot 8, Beasley's Broken Front Concession, 4511-4515 King Street East, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a 17 ft. road widening along the King Street frontage of the 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 COMMITTEE OF ADJUSTMENT 63 JANUARY 27, 1998 including street trees, a driveway culvert (if required) and a paved driveway ramp on the severed lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Regional Medical Officer of Health for the provision of private septic services. 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 27, 2000. 6. Submission No.'s B 11/98 & B 12/98 - McLean-Peister Limited - cont'd Submission No. B 12~98 - cont'd It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 7. Submission No. B 13/98 - Dave & Michelle Goetz, 9 Lark Street, Kitchener, Ontario Re: Part of Lot 7, Reference Plan 675, 9 Lark Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. & Mrs. D. Goetz 9 Lark Avenue Kitchener, Ontario Mr. G. Fries 17 Lark Avenue Kitchener, Ontario Mr. & Mrs. B. Roth 6 Schofield Avenue Kitchener, Ontario NONE NONE The Committee was advised that the applicants are requesting permission to sever 2 properties, fronting Edgehill Drive, for residential use. Each lot will have a frontage of 32.5 m (106.63 ft.) on Edgehill Drive by a depth of approximately 102 m (334.65 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lot is located at the corner of Lark Street and Schofield Drive and contains a single COMMITTEE OF ADJUSTMENT 64 JANUARY 27, 1998 detached dwelling accessing Schofield Drive. The applicants are requesting permission to sever the rear of the lot, to have frontage on Schofield Drive of 22.9 metres (75 feet), a depth of 20.7 metres (68 feet) and an area of 473.9 square metres (5,100 square feet). The proposed use of the severed lands is a single detached dwelling. The proposed retained parcel would have a frontage along Lark Street of 20.7 metres (68 feet), a depth of 26.37 metres (86.5 feet) and an area of 546.44 square metres (5,882 square feet). The severance provides for the proper and orderly development of lands. The lot to be retained can comply with all regulations of the R-3 Zone; a rear yard of 7.5 metres is required for the dwelling. A dwelling would have to be constructed on the severed lands in compliance with the By-law; staff note that the lot is relatively shallow, requiring a shallow building. The Department of Planning and Development recommends approval of the application B-13/98 subject to the following conditions: 1) 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 land to be severed. 7. Submission No. B 13/98 - Dave & Michelle Goetz- cont'd 2) That the existing utility shed at the rear of the property be removed or relocated in compliance with the zoning by-law. 3) That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation of new service connections to the severed lands. 4) That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Work for the installation, to City standards, of boulevard landscaping including trees, driveway ramp, and driveway culvert on the severed lands. 5) 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 and Culture, Regional Municipality of Waterloo, in which they advised that they have no concerns with this application. When questioned by the Committee, Mr. & Mrs. Goetz advised that they have read all the staff comments and they agree with them. Mr. G. Fries addressed the Committee advising that he lives at 17 Lark Avenue and he objects to the way this property is being severed. He stated that the new house will come out in front of the existing houses and it will not conform to the existing development. If this application goes ahead, it will affect him because it will come ahead of his property. He stated that all the neighbours are concerned that this development will not be conformity with the existing development in the neighbourhood. Ms. J. Given explained the by-law regulations for this property. Mr. G. Fries again addressed the Committee advising that there is a property sitting next door which will be landlocked. He stated that this is not good use of the property for the community and it is bad planning. The Chairman stated that the neighbour next door has no absolute right to develop the rear of their lot. He also stated that this property can be developed in compliance with the by-law. The Chairman advised that the Committee cannot force two property owners to get together to develop their lots and it cannot prevent this lot if it complies with the by-law. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Dave & Michelle Goetz requesting permission to convey a parcel of land having a frontage on Schoffield Drive of 22.9 m (75 ft.) by a depth of 20.7 m (68 ft.) and having an area 473.9 m2 (5,100 sq. ft.) on Part Lot 9, Registered Plan 675, 9 Lark Street, Kitchener, Ontario BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT 65 JANUARY 27, 1998 That the owners 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 owners shall remove or relocate the existing utility shed at the rear of the property in compliance with the Zoning by-law. That the owners shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands. That the owners 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 driveway ramp and driveway culvert on the severed lands. 7. Submission No. B 13/98 - Dave & Michelle Goetz- cont'd 5. 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 27, 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. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman, 165 Claremont Avenue, Kitchener, Ontario Lot No.'s 49, 50, 51 & 61, Registered Plan No. 350, 165 Claremont Avenue, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: Mr. P. Brittan 171 Victoria Street North Kitchener, Ontario Mr. S. Snyder 410 King Street West Kitchener, Ontario Mr. S. Cameron 700-22 Frederick Street Kitchener, Ontario NONE NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 66 JANUARY 27, 1998 The Committee was advised that the applicant is requesting permission to sever 15 parcels of land, around the perimeter of his rearyard, to be conveyed to abutting property owners as lot additions. The applicant proposes to reserve easements over the severed parcels for maintenance of water furnace pipes. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is a very large parcel of land which fronts Claremont Avenue and comprises much of the interior of the block bounded by Claremont Avenue, Dunbar Road, Glasgow Street and Westmount Road. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned Residential Two Zone (R-2) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling which is heated using a water furnace system. The underground piping associated with the water furnace is located at the rear of the subject property close to the existing property line. The owner of the lands is requesting consent to sever 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd 15 lot additions from the subject property to be consolidated with abutting lands municipally addressed as 147, 149, 179 and 187 Claremont Avenue; 651,657 and 663 Dunbar Road; 328, 334, 338, 344, 352, 358 and 364 Glasgow Street; and, 650 and 656 Westmount Road. The proposed lot additions encompass the underground piping system for the water furnace. The proposed lands to be severed are presently encumbered with an easement in favour of K-W Hydro (Instrument No. 1232177). Through the current consent applications, it is proposed that an additional easement in favour of the lands to be retained be placed on the lands to be severed to allow for the repair, replacement, operation and maintenance of the underground water furnace pipes. This new easement would affect Parts 14 through 31 inclusive of the lands to be severed. The proposed consent applications conform with the Municipal Plan as well as the Zoning By-law, and provide for an orderly lotting pattern. Accordingly, the Department of Planning and Development recommends approval of these applications, subject to conditions. The Department of Planning and Development recommends that Consent Applications B14/98 to B28/98 inclusive, be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. That each of 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 50(5) of the Planning Act, 1995. The Committee noted the comments of the Department of Planning and Culture, Regional Municipality of Waterloo, in which they advised that they have no concerns with these applications. Mr. P. Brittan addressed the Committee and referred to the schedule attached to the agenda. He advised that there is an existing easement in favour of the Kitchener-Wilmot Hydro and the new easement is being proposed over Parts 14 to 31 inclusive. He advised that the applicant did consider an infill situation but it did not go over well with the neighbours and as a result these applications have come forward for lot additions to neighbouring properties. Submission No. B 14/98 Moved by Mr. A. Galloway Seconded by Ms. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 765.58 m2 (8,241 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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. COMMITTEE OF ADJUSTMENT 67 JANUARY 27, 1998 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 or transaction of the parcel to be severed complying 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 January 27, 2000. 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd Submission No. B 14/98 - cont'd It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 15/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 100.98 m2 (1,087 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction the parcel to be severed complying 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 January 27, 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 16/98 Moved by Mr. A. Galloway COMMITTEE OF ADJUSTMENT 68 JANUARY 27, 1998 Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 345.96 m2 (3,724 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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. 2. That the lands to be severed in this application shall be added to the 8. Submission No. B 14/98- B 28/98- William Hutton Kaufman- cont'd Submission No. B 16/98 - cont'd abutting lands and title shall be taken in identical ownership as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying 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 January 27, 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 17/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 239.03 m2 (2,573 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying 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 January 27, 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. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the COMMITTEE OF ADJUSTMENT 69 JANUARY 27, 1998 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 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd Submission No. B 18/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 357.38 m2 (3,847 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying 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 January 27, 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 19/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 558.6 m2 (6,013 sq. ft.) as a lot addition on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying Subsections 50 (3) and/or (5) of the Planning Act. COMMITTEE OF ADJUSTMENT 70 JANUARY 27, 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 27, 2000. 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd Submission No. B 19/98 - cont'd It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 20~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 209.29 m2 (2,254 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying 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 January 27, 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 21/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 209.21 m2 (2,252 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont Avenue, Kitchener, Ontario BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT 71 JANUARY 27, 1998 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 Submission No. B 14/98- B 28/98- William Hutton Kaufman- cont'd Submission No. B 21/98 - cont'd abutting lands and title shall be taken in identical ownership as the abutting lands, with any subsequent conveyance or transaction of the parcel to be severed complying 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 January 27, 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 22~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 205.96 m2 (2,217 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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 72 JANUARY 27, 1998 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd Submission No. B 23/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 212.83 m2 (2,291 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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 24/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 213.2 m2 (2,293 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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. COMMITTEE OF ADJUSTMENT 73 JANUARY 27, 1998 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd Submission No. B 24/98 - 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 25~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 676.31 m2 (7,280 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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 26~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 544.29 m2 (5,860 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 8. Submission No. B 14/98 - B 28/98 - William Hutton Kaufman - cont'd COMMITTEE OF ADJUSTMENT 74 JANUARY 27, 1998 Submission No. B 26/98 - cont'd Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being January 27, 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 27/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 337.41 m2 (3,632 sq. ft.) as a lot addition, reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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 28/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of William Hutton Kaufman requesting permission to convey a parcel of land having an area of 817.14 m2 (8,796 sq. ft.) as a lot addition, 8. Submission No. B 14/98 B 28/98 William Hutton Kaufman -cont'd COMMITTEE OF ADJUSTMENT 75 JANUARY 27, 1998 Submission No. B 28/98 - cont'd reserving an easement on Part Lot 61, Registered Plan 350, 165 Claremont 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 as the abutting lands, with any subsequent conveyance or transaction 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 January 27, 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 ADJOURNMENT On Motion, the meeting adjourned at 11:55 a.m. Dated at the City of Kitchener this 27th day of January 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment