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HomeMy WebLinkAboutAdjustment - 1998-03-31COA\1998 -03 -31 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 31, 1998 MEMBERS PRESENT: Ms. S. Campbell, Mr. W. Dahms and Mr. S. Kay. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 9:50 a.m. MINUTES Moved by Ms. S. Campbell Seconded by Mr. W. Dahms That the minutes of the regular meeting of the Committee of Adjustment of March 3, 1998, as mailed to the members, be accepted. Carried APPLICATIONS Submission No. A 16/98 - Dale Schumacher, 54 Dawn Ridge Drive, Kitchener, Ontario Re: Part Lot 19, Registered Plan 1791, 54 Dawn Ridge Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Schumacher 54 Dawn Ridge Drive Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing rear deck having a right sideyard of 0.77 m (2.5 ft.) rather than the required 1.2 m (4 ft.) and a left sideyard of 0.92 m (3 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Planning & Development Department in which they advised that the applicant is requesting legalization of an existing rear deck having a right side yard of 0.77m rather than the required 1.2m and a left side yard of 0.92m rather than the required 1.2m. The applicant was advised by Building Division staff to obtain a building permit for the deck prior to continuing with construction. After applying for the building oermit, the side yard setback deficiencies were recognized. The deck extends 6.7m into the rear yard, and is approximately 7.3m wide. The structure ranges between 1.7m and 2.2m from grade. The width of the deck has resulted in reduced side yard setbacks; COMMITTEE OF ADJUSTMENT 125 MARCH 31, 1998 the left side yard is 0.91m rather than the required 1.2m and the right side yard is 0.76m rather than the required 1.2m. Even though the side yard setback has been substantially reduced, the remaining setback area will provide sufficient space for maintenance of both the deck and yard. The existing deck structure was built with roughly a 1.8m -2.1m high 1. Submission No. A 16/98 - Dale Schumacher, cont'd privacy wall along 2.1m of the left side. This will provide privacy for the applicant as well as the adjoining property. In this regard, the variance can be considered minor in nature as the general intent and purpose of the zoning by-law and municipal plan is met. As well, the deck would not appear to impede the enjoyment of the neighbouring properties. Accordingly, staff recommend approval of Minor Variance Application A 16/98 without conditions. The Committee noted the comments of the Department of Engineering, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to complete the deck. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they do not object to the approval of this Minor Variance Application. The constructed portions of the lot are not situated within an area regulated under Ontario Regulation 149 as amended, neither are they a natural resource concern. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Dale Schumacher requesting legalization of an existing rear deck having a right sideyard of 0.77 m (2.5 ft.) rather than the required 1.2 m (4 ft.) and a left sideyard of 0.92 m (30 ft.) rather than the required 1.2 m (4 ft.) on Part Lot 19, Registered Plan 1791, 54 Dawn Ridge Drive, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall obtain a building permit to complete the deck. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 17/98 - Eronim Crijan, 106 Daimler Drive, Kitchener, Ontario Re: Lot 85, Registered Plan 1823, 106 Daimler Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. F. Catana 27 Dunnigan Drive Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 126 MARCH 31, 1998 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to extend the second storey 22" out from the back of the house, over the foundation, resulting in a rearyard of 6.93 m (22.74 ft.) rather than the required 7.5 m (24.61 ft.). 2. Submission No. A 17/98 - Eronim Criian, cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to extend the second storey 22" (0.6m) out from the back of the house, over the foundation resulting in a rear yard of 6.93m rather than the required 7.5m. As this is an existing situation, staff recommend amending the application to request legalization of an existing situation. The applicant was advised by Building Division staff to apply for a minor variance prior to construction, or to build the dwelling in accordance with the approved building plans. Construction proceeded without Committee of Adjustment approval and the dwelling was not constructed according to the approved plans. The applicant has added a 0.6m cantilevered second storey which now encroaches into the required 7.5m rear yard setback. The 7.5m rear yard requirement is intended to provide adequate outdoor amenity area for the property. The required setback of 7.5 m has been reduced to 6.93m with the extension of the second storey. In this case, the reduction in rear yard setback is relatively small (0.6m) and as such would have no negative impact on the adjoining properties. This reduced setback still maintains the general intent and purpose of both the zoning by-law and municipal plan and will provide sufficient outdoor amenity area. It is the opinion of staff that the reduction in rear yard setback from 7.5m to 6.93m will have no negative impact on the adjoining properties and is appropriate development of the land. This minor variance will maintain the general intent and purpose of both the City's Zoning By-law and Municipal Plan. In this regard, staff recommend approval of Minor Variance application A 17/98 with the following condition: That the owner submit revised building drawings to the Building Division and receive approval of the revisions to the structure by April 7, 1998. The Committee noted the comments of the Engineering Department, Region of Waterloo in which they advised that they have no concerns with this application. Mr. Catana advised that when he applied for a building permit he did give a plan of what he wanted to build. He stated that the first storey complies with the rearyard requirement; however, the second storey cantilevers over the first storey. Mr. S. Kay questioned whether there was a change in plans and Mr. Catana advised that this is a small lot and they did change the plans part way through construction, as the two back bedrooms would be too small. Ms. S. Campbell put forward a motion to approve the application on the condition that revised drawings be submitted to the Building Division. Mr. S. Kay advised that he was concerned about the applicants decision to go ahead and change the building after plans had been approved. Mr. Catana advised that when constructing the house the first storey did have a 7.5 m rearyard as required by the by-law and they did have headroom below the cantilevered second storey. He stated that he did not realize that the rearyard had to be clear from ground to sky. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Eronim Crijan requesting permission to extend the second storey 22 inches out from the back of the house, over the foundation, resulting in a rearyard of 6.93 m (22.74 ft.) rather than the required 7.5 m (24.61 ft.) on Lot 85, Registered Plan 1823, 106 Daimler Drive, Kitchener, Ontario BE APPROVED subject to the following condition: COMMITTEE OF ADJUSTMENT 127 MARCH 31, 1998 That the owner shall submit revised building drawings to the Building Division and receive approval of the revisions to the structure by April 7, 1998. 2. Submission No. A 17/98 - Eronim Criian, 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 18/98 - 918752 Ontario Corporation, 24 Rosemount Drive, Kitchener, Ontario Part Lot 9, Registered Plan 401, 95 Water Street North, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Killion 24 Sandra Avenue Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to provide 2 parking spaces in tandem, one in the garage and one in the driveway, for a residential dwelling and home business. The Committee noted the comments of the Department of Planning and Development in which they advised that the applicant is requesting permission to provide two parking spaces in tandem, one in the garage and one in the driveway, for a residential dwelling unit and a home business. The applicant wishes to live in the structure and have a home business. The home business consists of an office use for nutritional consulting. As noted by the applicant, the business will attract one customer at a time, with no more than about three customers per day. Additionally, there are no employees for the business other than the applicant. The intent of the by-law is to allow all vehicles free and unencumbered access to the property. Staff are of the opinion that the impact of the tandem parking would be minor as the business owner would not be using their vehicle when the client is at the property. As noted above, there would be no more than one client to the property at a time. In addition, the office use is desirable development for the mixed use characteristic of the CR-3 zone. Based on the above, it is the opinion of staff that the variance maintains the general intent of the by-law and municipal plan. The Department of Planning and Development recommends approval of Submission A 18/98. The Committee noted the comments of the Department of Engineering, Region of Waterloo, in which they COMMITTEE OF ADJUSTMENT 128 MARCH 31, 1998 advised that they have no concerns with this application. 3. Submission No. A 18/98 - 918752 Ontario Corporation, cont'd The Committee noted the comments of the Traffic & Parking Division in which they advised that they have no concerns regarding the proposed parking arrangement. The Committee noted the comments of the Director of Building in which they advised that a building permit is required for any construction undertaken to create the office on the main floor of the house. At the request of the Committee, Mr. Killion explained the location of the property. Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of 918752 Ontario Corporation requesting permission to provide two parking spaces in tandem, one in the garage and one in the driveway, for a residential dwelling and home business on Part Lot 9, Registered Plan 401, 95 Water Street North, Kitchener, Ontario BE APPROVED subject to the following condition: That the applicant shall obtain a building permit for any construction undertaken to create the office on the main floor of the house. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 19/98 - 848835 Ontario Inc., 152 Shanley Street, Kitchener, Ontario Re: Lots 447 & 448 and Part Lot 446, Registered Plan 376, 152 Shanley Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: Ms. H. Degen & Ms. E. LeBlanc 126 Shanley Street Kitchener, Ontario Ms. L. Willert 11 Stahl Avenue Kitchener, Ontario Mr. & Mrs. C. Szasz 130 Shanley Street Kitchener, Ontario Mr. M. Solvay 1 Stahl Avenue Kitchener, Ontario Mr. W. Slusarek COMMITTEE OF ADJUSTMENT 129 MARCH 31, 1998 102 Water Street Kitchener, Ontario 4. Submission No. A 19/98 - 848835 Ontario Inc., cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is proposing to convert the existing industrial building to an apartment building containing 60 one bedroom apartments and requests permission for the following variances: a frontyard on Duke Street of 0.09 m (0.3 ft.) rather than the required 6 m (19.69 ft.), a sideyard abutting Shanley Street of 3.97 m (13.03 ft.) rather than the required 6 m (19.69 ft.), a corner visibility triangle of 4.85 m (15.92 ft.) rather than the required 7.5 m (24.61 ft.), a reduction in the required private patio areas from 16 to 0 and an increase in the maximum floor space ratio from 1.0 to 2.1. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is designated Low Rise Residential in the Municipal Plan and is zoned Residential Seven Zone (R-7) according to Zoning By-law 85-1. The property is presently developed with a vacant four storey light industrial building. The applicants are proposing to convert the existing industrial building into a multiple residential dwelling comprised of 60 small apartments units. The site is presently contaminated with a chemical known as TCE, likely caused with the former use of the building as a furniture factory. The TCE contamination is within 5 metres of the surface and is also known to have migrated off-site. The applicants have prepared a remedial work plan for the site, however a Certificate of Approval issued by the Ministry of Environment under the Environmental Protection Act is required before any actual clean-up can take place. Ministry officials estimate a time frame of approximately 3 to 6 months before the Certificate of Approval has been issued, satisfactory site clean-up has been completed and a "Record of Site Condition" has been accepted. The City's Municipal Plan specifies that where a site is known to be environmentally contaminated and site clean-up is required, a change in the legal use of land will not be permitted until the site is satisfactorily remediated. In this respect, the Municipal Plan requires that final planning approvals be withheld until the lands have been cleaned to an acceptable level for residential use and the Ministry of Environment has acknowledged a Record of Site Condition for the lands. The approval of a minor variance would be considered a "change in the legal use of land". Accordingly, the Department of Planning and Development recommends that the subject Minor Variance Application be deferred for 6 months, or until the applicants are able to provide a satisfactory Record of Site Condition. That Minor Variance Application A 19/98 be deferred until the October 6, 1998 meeting of the Committee of Adjustment to allow the applicant time to provide a satisfactory "Record of Site Condition" for the entire site in accordance with the provincial "Guideline for Use at Contaminated Sites in Ontario". The Committee advised that those present that they would defer consideration of this matter, as requested by the Department of Planning & Development and that all the neighbours would be advised when this matter comes forward to the Committee. It was noted that the Department of Planning & Development was requesting a deferral until the 6th of October, 1998; however if the Record of Site Condition can be submitted sooner, then, with proper notice, the matter would come back at an earlier meeting. COMMITTEE OF ADJUSTMENT 130 MARCH 31, 1998 Submission No. A 20/98 - Gunter Schmidt, 30 Shuh Avenue, Kitchener, Ontario. Re: Lot 47, Registered Plan 1386, 30 Shuh Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. R. Frede 90 Frobisher Drive Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a bedroom/bathroom extension onto the northerly side of the existing family dwelling to have a sideyard of 1.036 m (3.4 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to construct a bedroom/bathroom extension onto the northerly side of the existing dwelling to have a sideyard of 1.036 metres (3.4 feet) rather than the 1.2 metre (4 feet). It is staff's opinion that the requested variance meets the general intent of the By-law as the remaining sideyard is still sufficient to allow for exterior maintenance of the proposed addition as well as maintenance of the landscaping. In addition, the 1.036 metres remaining would not appear to diminish the neighbouring property owners enjoyment of their land. Accordingly, the Department of Planning and Development recommends approval of submission A 20/98 as shown on the applicant's sketch submitted with the application. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the new addition. There shall be no openings in a wall located less than 4 ft. from the property line and this wall shall have a 45 minute fire resistance rating. The Committee referred the building comments to the applicant's agent. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Gunter Schmidt requesting permission to construct a bedroom/bathroom extension onto the northerly side of the existing single family dwelling to have a sideyard of 1.036 m (3.4 ft.) rather than the required 1.2 m (4 ft.) on Lot 47, Registered Plan 1386, 30 Shuh Avenue, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to the proposal as shown on the sketch submitted with this application. That the owner shall obtain a building permit prior to constructing the new addition and there shall be no openings in the wall located less than 4 ft. from the property line with this wall having a 45 minute fire resistance rating. COMMITTEE OF ADJUSTMENT 131 MARCH 31, 1998 5. Submission No. A 20/98 - Gunter Schmidt, cont'd It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 21/98 - Emmanuel Village Homes (Kitchener) Inc. 4A-385 Fairway Road South, Kitchener, Ontario Re: Lot 35, 36, 51-54, 76-81 and Part Lots 37-43 and 82-85, Registered Plan 322 and Part Lots 141 and 142 Streets and Lanes, Weber Street East and Fergus Avenue, Kitchener, Ontario. - and - Submission No. A 22/98 - Trustees of Emmanuel Bible College, 100 Fergus Avenue, Kitchener, Ontario Re: Lots 55-67 and 72-75 and Part Lots 68-71, Registered Plan 322, Part Lot 54, German Company Tract and Part Lot 142 Streets and Lanes, 100 Fergus Avenue, 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 The land which is subject to these applications is proposed to be developed with 46 townhouse units and 50 apartment units. The lands currently owned by Emmanuel Village Homes (Kitchener) Inc. will contain 8 of the proposed townhouse units and the apartment units. They are requesting permission for unit 8 to have a rearyard of 3.5 m (11.49 ft.) rather than the required 7.5 m (24.61 ft.). The applicants are also requesting permission for the decks on each of the 46 townhouse units to have a maximum height of 3 m (9.85 ft.) above the finished grade rather than the permitted 0.6 m (2 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant has requested two minor variances; Submission A 21/98 is a request for an exemption from the maximum height requirement of 0.6 metres to allow the construction of decks within a side or rear yard and Submission A 22/98 requests a reduction in the rear yard set back from 7.5 metres to 3.5 metres to facilitate the issuance of building permits for phase 1 prior to the finalization of Consent Application B 4/98. Land from the Emmanuel Bible College holdings was severed under Consent Application B 4/98 and is required to merge in title with the abutting lands fronting Weber Street (Emmanuel Village Homes (Kitchener) Inc.). A development proposal has been submitted which proposes the construction of a three storey apartment COMMITTEE OF ADJUSTMENT 132 MARCH 31, 1998 and 46 townhouse units. Eight townhouse units are proposed to be constructed in the first phase of the development prior to the two parcels merging in title; resulting in a rear yard deficiency for unit 8, 6. Submission No. A 21/98 - Emmanuel Villaqe Homes (Kitchener) Inc., cont'd - and - Submission No. A 22/98 - Trustees of Emmanuel Bible Colle.qe, cont'd until the two parcels merge. The impact of the variance is minor as the variance to the set back will not effect the ultimate development, which will comply. The variance is desirable for the appropriate development of the subject lands as it will allow the development to be implemented in phases. The townhouse units are oriented to the side of the rear property line rather than to the rear and the extension of phase 2 will also be oriented in the same fashion. In this regard, the building separation between units 8 and 9 is acceptable and therefore the general intent and purpose of the Municipal Plan and Zoning By- law are being maintained. The variance requested under submission A 21/98 should be revised to better reflect the request for decks 3.0 metres above grade. All decks greater than 0.6 metres above the finished grade must meet the minimum side yard set back requirements in the zone that they are developed in. The side yard set back in residential zones, permitting the same type of development, is 2.5 metres. The side yard requirement for decks in this zone is 6.0 meters. The variance required for the development of the decks is a reduction in the side yard set backs from 6.0 metres to 3.0 metres for the following units: units 4 to 15 inclusive, unit 31 and unit 33. The inclusion of the institutional zoning regulations into By-law 85-1 predates the inclusion of the residential regulations which represent the Departments current thinking for minimum yard requirements for multiple residential developments. The 2.5 metre set back for decks which are constructed higher than 0.6 metres above the finished grade is to ensure a separation for privacy. In view of this, the requested variance to 3.0 metres meets the general intent and purpose of both the Municipal Plan and Zoning By-law. The lands to be developed contain an urban woodlot. The flexibility of incorporating higher decks provides a greater opportunity to retain trees, as the grades under the decks will not have to be altered to install the decks. The variances proposed are minor and desirable for the appropriate development of the subject lands as it will aid in retaining trees on site thus providing a natural buffer between the existing single detached dwellings and the proposed development. The Department of Planning and Development recommends approval of Submission A 21/98 and A 22/98 without conditions. The Committee noted the comments of the Engineering Department, Region of Waterloo, in which they advised that all conditions required as a result of development of these lands are being addressed through the Site Plan Application. Mr. Pidgeon explained to the Committee that he wished to change the wording of the request to comply with the comments of the Department of Planning & Development; so that the variance is a reduction in the sideyard setback from 6 m to 3 m for decks having a height in excess of 0.6 m. He explained to the Committee that this is a tree saving measure. Ms. J. Given advised that it was preferable to express the variance in this fashion. Submission No. A 21/98 Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Emmanuel Village Homes (Kitchener) Inc. requesting permission for Unit 8 to have a rearyard of 3.5 m (11.49 ft.) rather than the required 7.5 m (24.61 ft.) and for the decks on Units 4 - 8, inclusive, to have sideyard setbacks of 3 m (9.85 ft.) rather than the required 6 m (19.69 ft.) on Lot 35, 36, 51-54, 76-81 and Part Lots 37-43 and 82-85, Registered Plan 322 and Part Lots 141 and 142, Streets and Lanes, Weber Street East and Fergus Avenue, Kitchener, Ontario BE APPROVED. COMMITTEE OF ADJUSTMENT 133 MARCH 31, 1998 6. Submission No. A 21/98 - Emmanuel Villaqe Homes (Kitchener) Inc., cont'd - and - Submission No. A 22/98 - Trustees of Emmanuel Bible College, 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 22/98 Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of the Trustees of Emmanual Bible College requesting permission for the decks on units 9-15 inclusive, and unit 31 and unit 33 to have sideyard setbacks of 3 m (9.85 ft.) rather than the required 6 m (19.69 ft.) on Lot 55-67 and 72-75 and Part Lot 68-71, Registered Plan 322, Part Lot 54, German Company Tract and Part Lot 142 Streets and Lanes, 100 Fergus Avenue, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT APPLICATIONS Submission No. B 38/98 - Pieter Vos Limited, 389 Pinnacle Drive, Kitchener, Ontario Re: Parts 1 & 2 and Part of Parts 3 & 4, Reference Plan 58R-7954, 39 Doon Valley Drive, Kitchener, Ontario. Mr. W. Dahms declared a pecuniary interest in this application as his law firm acts for an abutting property owner and did not participate in any discussion or voting with respect to this application. Mr. S. Kay Chaired the meeting during consideration of this application and, pursuant to Subsection 7(1) of the Municipal Conflict of Interest Act the matter was considered by the remaining two members. APPEARANCES: IN SUPPORT: Mr. J. Redman 9B-270 Morrison Road COMMITTEE OF ADJUSTMENT 134 MARCH 31, 1998 Kitchener, Ontario CONTRA: NONE OTHERS: Councillor J. Haalboom Doon Pioneer Ward City of Kitchener 1. Submission No. B 38/98 - Pieter Vos Limited - cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE OTHERS: Heritage Kitchener City Hall Kitchener, Ontario Mr. H. Gross Senior Project Manager Proctor Redfern Limited The Committee was advised that the applicant is requesting permission to sever a parcel of land having an area of approximately 1.2 hectares, containing the existing house; subject to a 9 m (29.53 ft.) wide right-of-way and easement for utilities and services. The Committee noted the comments of the Department of Planning & Development in which they advised that the application seeks approval to sever a parcel of land from the Pieter Vos Ltd. holdings consisting of approximately 1.5 hectares, to accommodate the conveyance of the heritage house on the property, which is designated under Part IV of the Heritage Act and addressed as 39 Doon Valley Drive. The proposed severed lands would have an area of approximately 0.2 hectares and extend along the former right-of-way of Doon Valley Drive for a distance of approximately 55 metres. It is from this closed section of Doon Valley Drive that the house gains its access to the driveway. The severed lot would also include a portion of the closed right-of-way of Pinnacle Drive. The retained lands are vacant and bounded by the former right-of-way of Doon Valley Drive, Homer Watson Boulevard, from which the retained lands achieve legal frontage on a public road, and the middle of the former Pinnacle Drive right-of-way, and are approximately 1.3 hectares in size. This property, along with 105 Pinnacle Drive, has been the subject of a number of previous development applications, including a zone change and site plan to accommodate the joint development of the Pieter Vos property and the Freure Doon Settlements property to the north of and including the former right-of- way of Doon Valley Drive, for 144 condominium townhouse units. Since the joint development did not proceed, the Committee of Adjustment has dealt with a number of consent applications to attempt to recreate some independence between the two properties. This application further proposes the establishment of a 9.0 metre right-of-way along the easterly edge of the severed lands to provide vehicular access and an easement for services, for the retained lands. Access to the retained lands is not otherwise available. While the severance of the heritage house onto an independent lot is a positive step toward its preservation, the establishment of a right-of-way within 1.0 metre of the building is detrimental to and contrary to the heritage designation of the building. On March 6, 1998, Heritage Kitchener passed the following resolution: That, while Heritage Kitchener supports the request of the owner to sever a lot from the property municipally known as 39 Doon Valley Drive, a property designated under the Ontario Heritage Act; the Committee does not recommend the granting of a 9 metre right-of-way and easement as requested, given the potential development of a road within such right-of-way will negatively impact features identified in the reasons for designation, but recommends a 6 metre right-of-way and easement; and further, COMMITTEE OF ADJUSTMENT 135 MARCH 31, 1998 That the owner be advised that the approval of a Heritage Impact Assessment will be made a condition of any application associated with the development of a road within any right-of-way granted along the closed portion of Pinnacle Drive, adjacent to the structure known as the Vos house." 1. Submission No. B 38/98 - Pieter Vos Limited - cont'd A number of options exist for development on the retained lands. Those options relate to the ability to gain access via closed Doon Valley Road, which is the preferred means of providing access, and the relationship and intent of the adjacent property owner at 49 Doon Valley Drive, Manuel Ferraz. Staff have met with the applicants and advised that there are serious concerns with what is proposed and asked for the opportunity to explore some alternatives which could be acceptable to all parties. The applicants have agreed to the deferral with the aim of finding a suitable solution. They recommended that the application be deferred to the Committee of Adjustment meeting of April 21, 1998. Based on the comments of the Department of Planning & Development, it was agreed by all parties that consideration of this application be deferred to the Committee of Adjustment meeting scheduled for April 21, 1998. Submission No. B 39/98 - Lackner Centre Development Inc., cio Centrecorp. Management Services Limited, 1-2851 John Street, Markham, Ontario Re: Part Lot 120, Blocks 1 & 3-14, Registered Plan 1669, Being Part 1, Reference Plan 58R-5986, 1405 Ottawa Street North, Kitchener, Ontario APPEARANCES: IN SUPPORT: Mr. S. Bishop Centrecorp. Management Services Limited 1-2851 John Street Markham, Ontario CONTRA: Mr. R. Jantzi 443 Gatestone Blvd. Waterloo, Ontario Mr. C. Wilker 315 Margaret Avenue Kitchener, Ontario Mr. A. Morell 10 Tecumseh Drive Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to mortgage a parcel of land having a frontage on Ottawa Street of 152.17 m (499.25 ft.), having an irregular shape and having an area of 11,152.2 m2 (120,045.21 sq. ft.). The use of the property is commercial. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is a 3.3 hectare block with frontage on Lackner Boulevard, Ottawa Street, and Oldfield Drive. It has an approved site plan for a commercial plaza approximately 8,800 m2 in gross floor area, approximately 80% of which is built and occupied. The owner requests consent to sever the undeveloped portion of the block from the developed portion, and mortgage the retained portion. Both the severed and retained lands would be subject to and together with rights-of-way for access, so that the COMMITTEE OF ADJUSTMENT 136 MARCH 31, 1998 two resulting lots would continue to function as one. A similar proposal (B 89/93) was approved, together with a variance (A 89/93) for the zero lot line development on both the retained and severed lands, as well as a slight deficiency of the rear yard of the existing plaza. No further variances are required. 2. Submission No. B 39/98 - Lackner Centre Development Inc., cont'd There is a separate access from Oldfield Drive for service vehicles. The route is to the rear of the building and exits to Lackner Boulevard. The application should be revised to include the granting of rights-of-way for the use of the service route by both the severed lot and the retained lot. The existing building is connected to municipal sanitary sewer and storm sewer on Ottawa Street, and water main on Oldfield Drive. The application must therefore be revised to include the granting of easements for underground services. Separate services are required for the lot to be severed. Both properties will continue to be subject to the provisions of the current site plan agreement which is registered on title. If the owner requests, the agreement may be released from the severed lands at such time as a new agreement is registered thereon and a revised plan approved for the retained lands. The Department of Planning and Development recommends approval of Application B 39/98, as revised to include the granting of easements for underground services and the granting of rights-of-way for the use of the service route, subject to the following conditions: That a draft reference plan, confirming the location of easements for underground services on the severed lands and rights-of-way for service access, be approved by the General Manager of Planning and Development. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. That the owners of both the severed and retained lands enter into a joint maintenance agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access and easements for servicing are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns or objections with this application. The Committee considered the comments of the Kitchener-Wilmot Hydro in which they advised that satisfactory arrangements for Hydro services would have to be provided along with any easements required by the Hydro Commission. Mr. Bishop addressed the Committee and advised that the applicants wish to sever the developed and undeveloped portions of this property for mortgage purposes so that the undeveloped lands can be mortgaged separately. He noted that staff want reciprocating operating agreements and that he is in concurrence with the staff report. Messrs. Jantzi, Wilker and Morrell addressed the Committee advising that they represent Hope Lutheran Church and they are interested in the zone change. After a brief discussion it was determined that the zone change which concerned them was in fact on a different property and these gentlemen then left the meeting. Mr. S. Kay noted the easement and rights-of-way shown to be required in the Department of Planning & Development comments stating that they are not satisfactorily shown on the plan. Ms. J. Given responded that some easements are shown, others are not. Mr. Kay then stated that he had a problem approving easements that he could not see. Mr. Bishop referred to condition no. 1 in the Department of Planning & Development comments and Mr. Kay responded that it was the COMMITTEE OF ADJUSTMENT 137 MARCH 31, 1998 responsibility of the Committee and not staff to approve these easements. He recommended that consideration of this matter be deferred to the Committee's next meeting to allow the applicant an opportunity to determine the exact location of the underground easements and the easements required by the Kitchener-Wilmot Hydro. 2. Submission No. B 39/98 - Lackner Centre Development Inc., cont'd It was agreed by all parties that consideration of this matter be deferred to the Committee of Adjustment meeting schedule for April 21, 1998. Mr. W. Dahms returned to the meeting at this time. Submission No. B 40/98 - Anna Kaljas, 275 Frederick Street, Kitchener, Ontario Part Lot 9, Registered Plan 424, 271 Frederick Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Farhood 510-101 Frederick Street Kitchener, Ontario Mr. P. Kaljas 277 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to mortgage a parcel of land having a frontage on Frederick Street of 10.06 m (33 ft.) by a depth of 28.96 m (95 ft.) and having an area of 291.34 m2 (3,135 sq. ft.). The use of the property is residential. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located at the southeast corner of Frederick Street and Simeon Street and are comprised of what were four separate properties (271, 275 and 277 Frederick Street and 8 Simeon Street) that have since merged into one large lot. The properties at 271 and 275 Frederick Street are currently used as residential care facilities and the property at 277 Frederick Street is used as a single detached dwelling. The property known as 8 Simeon Street is now vacant and has been developed as a parking lot for the other properties. The applicant is requesting consent to mortgage the property known as 271 Frederick Street while retaining the remainder of the consolidated land holding. The three properties fronting Frederick Street are designated Low Density Commercial Residential in the Central Frederick Secondary Plan and are zoned CR-1 with Special Use Provision 128U and Special Regulation Provision 114R according to Zoning By-law 85-1. The rear property, fronting Simeon Street, is designated Low Density Conservation "A" in the Central Frederick Secondary Plan and are zoned R-5 with Special Use Provision 129U according to Zoning By-law 85-1. A consent for mortgage purposes could potentially have the effect of creating a new separate lot should the title revert to the mortgagor for any reason. As such, all regulations of the Zoning By-law should be met before consent for mortgage is given. In this particular instance, neither the lands to be mortgaged nor the lands to be retained will fully comply with all of the applicable zoning regulations. The proposed lot to be mortgaged is a corner lot and does not meet the minimum corner lot width requirement of the CR-1 Zone. A minimum corner lot width of 15 metres is required whereas only 10.1 metres is proposed. The proposed lands to be retained would require a minimum westerly side yard of 1.2 metres whereas only approximately 1.1 metres is proposed. Since the proposed consent is for mortgage purposes only and does not result in the creation of an actual lot line, no minor variance COMMITTEE OF ADJUSTMENT 138 MARCH 31, 1998 approval can be granted. 3. Submission No. B 40/98 - Anna Kalias, cont'd Accordingly, for the reasons stated above, the Department of Planning and Development cannot recommend approval of Consent Application B 40/98. The Department of Planning and Development recommends that Consent Application B 40/98, be refused. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns or objections with this application. Mr. Farhood addressed the Committee and provided some background to this application. He noted that this property was mortgaged separately before but was discharged approximately 6 months ago. Now, unfortunately, the applicant needs to remortgage the property. He advised that at 271 Frederick Street there is a rooming house with no cooking facilities; 275 Frederick as cooking facilities. The applicant offers shelter and accommodation to persons who may otherwise be on the street. The Chairman noted the comments of the Department of Planning & Development in which they refer to zoning by-law variances. Mr. Farhood responded that they are not going to apply for approval of the minor variances as they don't have time. The Chairman stated that he did not think that the Committee could approve the application if it does not comply with the zoning by-law. Mr. Farhood stated that these properties have been owned by Anna Kaljas for 30 years and he did not think that the mortgage would be go into default at this time. He stated that he did not think that this was practical, as it was not likely to become a default situation. The Committee stated that they felt that they could not approve the requested consent as, should the mortgage go into default, the property would not comply with the zoning by-law. The Committee then discussed with the applicant various options for mortgaging this property. Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the application of Anna Kaljas requesting permission to mortgage a parcel of land having a frontage on Frederick Street of 10.06 m (33 ft.) by a depth of 28.96 m (95 ft.) and having an area of 291.34 m2 (3,135 sq. ft.) on Part Lot 9, Registered Plan 424, 271 Frederick Street, 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 and the retained lands should the mortgage go into default. Carried Submission No. B 41/98 - Edwin & Berthal Brissett, 19 Elmridge Drive, Kitchener, Ontario Parts 1 & 2, Reference Plan 58R-9572, 68 Schweitzer Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. C. Behm 28 Weber Street West Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 139 MARCH 31, 1998 4. Submission No. B 41/98 - Edwin & Berthal Brissett, cont'd The Committee was advised that the applicants are requesting permission to sever a parcel of land having a frontage on Schweitzer Street of 22.708 m (74.51 ft.) by an average depth of 50 m (164.05 ft.) and having an area of 0.1271 ha. The existing and proposed use of the property is residential. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject property is a 0.44 hectare parcel of land which fronts Schweitzer Street. The property is presently developed with a single detached dwelling, municipally addressed 68 Schweitzer Street, and a large accessory building which is proposed to be converted to a coach house dwelling unit. The lands are designated Low Rise Residential in the City's Municipal Plan and Residential Low Density in the Bridgeport East Secondary Plan, both of which provide for the proposed severance. The lands are split zoned, with the front portion of the property zoned R-3 to a depth of approximately 39 metres and the remainder of the property zoned R-4, both according to Zoning By-law 85-1. The rear portion of the property, together with two other neighbouring properties, is within Draft Plan of Subdivision 30T-92010 which was draft approved by the Regional Municipality of Waterloo on May 26, 1994. This Draft Plan of Subdivision would create 14 residential lots and would extend Tagge Crescent from its present terminus through to Tagge Street. Upon registration of the Plan of Subdivision, the remainder of the subject lands which front Schweitzer Street would become a separate lot. Draft Plan of Subdivision 30T-92010 has not proceeded to registration for a number of reasons. As a result, the applicants now wish to sever the front portion of the property so that it may be conveyed as a separate lot. The proposed lands to be retained will continue to comprise part of Draft Plan of Subdivision 30T-92010 and will be subject to a future Residential Subdivision Agreement to be entered into with the City. The boundary between the R-3 Zone and the R-4 Zone is located near the rear of the lands which are proposed to be severed. The existing single detached dwelling is permitted within both zoning categories as is the proposed coach house dwelling unit, provided the accessory structure was existing on January 24, 1994. Both structures comply with all of the applicable regulations for the zone in which they are located. Accordingly, the Department of Planning and Development recommends approval of Consent Application B 41/98, subject to conditions. The Department of Planning and Development recommends that Consent Application B 41/98, be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of any new service connections required for 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 the severed lands. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns or objections with this application. Mr. Behm briefly reviewed the application and it was determined that the retained lands will have frontage on the Tagge Crescent. COMMITTEE OF ADJUSTMENT 140 MARCH 31, 1998 4. Submission No. B 41/98 - Edwin & Berthal Brissett, cont'd Moved by Mr. S. Kay Seconded by Ms. S. Campbell That the application of Edwin & Berthal Brissett requesting permission to convey a parcel of land having a frontage on Schweitzer Street of 22.708 m (74.51 ft.) by an average depth of 50 m (164.05 ft.) and having an area of 0.1271 hectares on Part 4, Reference Plan 58R-9572, 68 Schweitzer Street, 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 owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of any new service connections required for 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 on the severed land. 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 March 31,2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 42/98 - 1178833 Ontario Inc., 15 Martinglen Crescent, Kitchener, Ontario Part Lot 487, Registered Plan 378, 44 & 48 Walnut Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: Mr. & Mrs. R. Martin 12 Irwin Avenue Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a frontage on Walnut Street of 10.10 m (43.14 ft.) by a depth of 24.4 m (80.06 ft.) and having an area of 246.44 m2 (2,652.75 sq. ft.). COMMITTEE OF ADJUSTMENT 141 MARCH 31, 1998 5. Submission No. B 42/98 - 1178833 Ontario Inc., cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that Application has been made to sever a parcel of land from two lots which have merged in title. The property as merged contains two buildings: a single detached dwelling municipally addressed as 48 Walnut Street and an industrial building, municipally addressed as 44 Walnut Street. The applicant has advised that they wish to re-establish the former property boundaries, and in doing so, retain a legal parking space and an existing wood shed with the single detached dwelling on the severed lands. Attached is a copy of the survey which illustrates the former property boundaries. The survey identifies that the existing industrial building, located at 44 Walnut Street, would have a westerly side yard of 1.0 metre (3.3 feet). Our records indicate that the industrial use has not been continual and therefore it is not a permitted use. In this regard, the side yard requirement for a multiple dwelling use is 2.5 metres. Since the building has not been demolished to date and the owner would like the option of retaining the building to convert it to a multiple dwelling a minor variance is required. In view of the forgoing, the Department of Planning and Development recommends deferral of Consent Application B 42/98 so that the applicant may have the opportunity to submit a minor variance application. That Consent Application B 42/98 be deferred to the April 21, 1998 Committee of Adjustment Meeting. The Chairman advised Mr. & Mrs. Martin that they are in agreement with the Departments request for a deferral until April 21, 1998 and that they may appear at this Committee of Adjustment meeting if they wish. He also advised that they will be provided with written notice of the time and location for the meeting. The Committee agreed to defer consideration of this application to the meeting to be held on Tuesday April 21, 1998, pending the submission of an Application for Minor Variance. ADJOURNMENT On Motion, the meeting adjourned at 11:20 a.m. Dated at the City of Kitchener this 31st March, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment