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HomeMy WebLinkAboutAdjustment - 1998-03-03COA\1998-03-03 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 3, 1998 MEMBERS PRESENT: Ms. S. Campbell, Mr. W. Dahms and Mr. P.Kruse. 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 10:00 a.m. MINUTES Moved by Mr. W. Dahms Seconded by Ms. S. Campbell That the minutes of the regular meeting of the Committee of Adjustment of February 17, 1998, as mailed to the members, be amended to show that Mr. W. Dahms declared a pecuniary interest in Submission No.'s B 14/98 - B 28/98 - Kaufman, considered by the Committee on January 27, 1998, in his absence, as his law firm represents the applicants. Carried Moved by Mr. W. Dahms Seconded by Ms. S. Campbell That the minutes of the regular meeting of the Committee of Adjustment of January 27, 1998, as mailed to the members and the minutes of the regular meeting of the Committee of Adjustment of February 17, 1998, as amended this date, be accepted. Carried CONSENT UNFINISHED BUSINESS Submission No. B 29/98 - Da-Hard Holdings Limited, 14 Grand Avenue, Kitchener, Ontario Re: Part of Peter Horning's Tract, 14 Grand Avenue, Kitchener, Ontario. - and - Submission No. B 30/98 - GDR Investments Limited, 20 Grand Avenue, Kitchener, Ontario Re: Part of Peter Horning's Tract, 20 Grand Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Kappeler 20 Grand Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 107 MARCH 3, 1998 IN SUPPORT: NONE CONTRA: NONE The Committee was advised through these applications the applicant is Nrequesting permission to give each other rights-of-way over their existing driveways. 1. Submission No. B 29/98 - Da-Hard Holdinqs Limited - and - Submission No. B 30/98 - GDR Investments Limited The Committee noted the comments of the Department of Planning & Development in which they advised that the applicants are requesting consent approval to allow mutual right-of-ways over a portion of each of their industrial properties for access. The lands are located on Grand Avenue and both properties were developed in the 1970's under the Village of Bridgeport By-law #85. The lands are developed such that they currently share an existing asphalt driveway which leads to the rear of each of their lands. Staff have no concern with the legalization of this shared driveway to recognize its present use. The use of the driveway has existed for over 20 years without complaint. By-law 85-1 requires that all parking spaces be located 3.0 metres from the front property line and both of the preceding by-laws required parking to be located behind the building line. Both properties have parking located in front of the buildings and closer than 3.0 metres to the property line which is illegal. The parking should be removed. The owner is agreeable to the removal of parking spaces within 3.0 metres but requests that the pavement remain in place since this area is frequently used by vehicles travelling down Grand Avenue as a vehicle turn around. Grand Avenue was constructed as part of the Village of Bridgeport under different standards and since Grand Avenue is not a through street and no public turn around exists staff support the applicant's request. Staff also acknowledge that much of the parking along Grand Avenue is located closer than 3.0 metres to the front property line, but have found no evidence that it would be legal. That Applications B 29/98 and B 30/98 be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That all illegal parking located within three metres of the Grand Avenue property line, for both 14 and 20 Grand Avenue, be removed to the satisfaction of the Director of Community Planning, Development and Design. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with these applications. The Committee noted the comments of the Grand River Conservation Authority in which they advised that the Authority does not object to these applications. The site is within the flood plain of the Grand River and the proposal meets provincial and two-zone flood plain policy. Submission No. B 29/98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Da-Hard Holdings Limited requesting permission to give right-of-way over the existing driveway on Part of Peter Horning's Tract, 14 Grand 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 108 MARCH 3, 1998 That all illegal parking located within three metres of the Grand Avenue property line, for both 14 and 20 Grand Avenue, shall be removed to the satisfaction of the Director of Community Planning, Development and Design. 1. Submission No. B 29/98 - Da-Hard Holdinqs Limited - and - Submission No. B 30/98 - GDR Investments Limited 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 3, 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 30/98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell The application of GDR Investments Limited requesting permission to give a right-of-way over the existing driveway on Part of Peter Horning's Tract, 20 Grand 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 all illegal parking located within three metres of the Grand Avenue property line, for both 14 and 20 Grand Avenue, shall be removed to the satisfaction of the Director of Community Planning, Development and Design. 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 3, 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 109 MARCH 3, 1998 Submission No.'s B 32/98 & A 12/98 - Linda Knowles, Executor, 800-130 Bloor Street West, Toronto, Ontario Re: Part Lot 9 & 10, Beasley's Broken Front Concession, Grand Hill Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. B. Toderian 171 Victoria Street North Kitchener, Ontario Mr. W. Green 5-745 Bridge Street West Waterloo, Ontario CONTRA: Ms. E. Vogel 25 The Kirksway Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: Ms. E. Vogel 25 The Kirksway Kitchener, Ontario Mr. & Mrs. P. Oschefski 17 The Kirksway Kitchener, Ontario The Committee was advised the applicant is requesting permission to sever a parcel of land having an area of 5.5 hectares (12.62 acres) as a lot addition to the abutting lands to the rear. The applicant is also requesting approval of a minor variance for a lot width, for the retained lands, as the retained parcel will have a width 9.7 m (31.83 ft.) rather than the required 30 m (98.43 ft.). This lot width is existing now, however, because of the severance being applied for, the property will lose its legal non- conforming status. The Committee noted the comments of the Department of Planning & Development in which they advised that this consent application is the final one in a series dealing with the disposition of the Kirkpatrick estate lands. In October, 1997, the Committee granted approval to create three lots fronting Grand Hill Drive; one lot contains the existing dwelling addressed as 100 Grand Hill Drive. It was thought at that time, by the executors of the estate, that the lands subject to this application were already two separate lots. It is the purpose of this severance application to create a severed parcel of 12.62 acres and to retain a 3.27 acre parcel. Certain issues surround each of the severed and retained lands. By way of background, the lands to be severed are already zoned R-2 in the City's Zoning By-law, permitting large serviced residential lots subject to a regulation capping the number of residential units at 31, and a holding provision permitting only the existing use of the property until the City is in receipt of a letter from the Region indicating that they are satisfied that draft approval can be given and that matters such as the approval of an Environmental Impact Statement, relative to the impact of development on the ESPA to the west, Grandview Woods, have been fulfilled. The severed lands are intended to be purchased by an abutting developer, Krizsanderson Developments, or a related company, and developed together with such lands following a plan of subdivision approval process. In order to avoid the creation of a landlocked parcel, the severed lands would be required to merge with the abutting development lands. Staff are advised that this may not be possible prior to the registration of the abutting plan, as it may affect the certification of lands under the Land Titles Act. Alternatively, once Stage 1 of the adjacent draft approved Plan of Subdivision, 30T-94008, is registered, COMMITTEE OF ADJUSTMENT 110 MARCH 3, 1998 frontage on a street would be provided by Winnifred Street satisfying the 2. Submission No.'s B 32/98 & A 12/98 - Linda Knowles, cont'd zoning by-law requirement for frontage on a street, and meeting the minimum lot width requirement. Either of these two options would satisfy the City's requirement for By-law compliance. In the event the vendors of the retained lands wish to complete their real estate transaction prior to the registration of stage 1 of Plan 30T-94008, the severed lands would have to be taken in identical title as Stage 1, 30T- 94008. Lands to the west of the severed lands are environmentally significant and are proposed to be donated to the City in an independent process. The City intends to be in receipt of such deed prior to the Committee's consideration of this application. The retained lands do not form part of Registered Plan 782 covering Grand Hill Village, but are the remaining part of what was once a larger land holding. Portions of the former Kirkpatrick property were severed years ago into lots which front The Kirksway; other severed lots gain their frontage from Grand Hill Drive and physical access via a registered right-of-way over Foley's lane, a private lane located on the severed lands. Development of the last lot on Foley's Lane (40 Foley's Lane) was permitted by way of a zone change allowing a residential dwelling without frontage on a public street. Once the deeds are endorsed for B-114-117/98, this extension of the property out to Grand Hill Drive will provide the retained lands' only frontage on a road. This frontage is, however, only 9.7 metres in width, whereas the special R- 2 zone on the retained lands requires a minimum lot width of 30 metres. Minor variance approval is required since the land was vacant on the date of the passing of the zoning by-law, and the application would permit its use for a single detached dwelling. The purpose of the 30 metre lot width, combined with the 2023 square metre (.5 acre) lot area requirement is to ensure that new lots created in Grand Hill Village are compatible with the existing lot fabric in the community, many of which are smaller in size than the current by-law requirement. The proposed lot is 3.27 acres (1.3 hectares) in size, significantly larger than all other surrounding lots. Due to its unusual configuration, the width of the lot is deficient, however, the intent of the by-law is maintained by the large lot area and the presence of other lots containing dwellings not directly fronting a street. The reduced lot width does not jeopardize access to the lot as the lane exits as a developed private road from which a driveway could be extended to a new dwelling. It is staff's opinion that variance is minor as it results in no change to the existing lot width. Further, conditions related to the consent will ensure the preservation of the current appearance of the lane with its associated vegetation, addressing any potential concerns with impact on abutting properties. The minor variance is desirable for the development of the lot as it would allow the creation of a large infill residential lot in character with and in a pattern similar to that which already exists along Foley's Lane. The proposed new lot is situated between the lots fronting The Kirksway and those proposed in Plan of Subdivision 3~T-94~~8. It was always the City's intent to have Foley's Lane dedicated and opened as a public road when the lands in 30T-94008 developed, as reflected in an agreement on title related to the zone change application for the lot without legal frontage. This issue was discussed with the community during the processing of the adjacent plan of subdivision, 30T-94008, and the development of a public street in this location was opposed by the community. Such decision not to require a public road to be extended in this area frustrates the ability to develop all of the estate lands in a usual lotting fashion, due to their configuration. Had a public street been proposed through such process, the retained lands would have been more intensively used and would have permitted more than the one additional dwelling proposed through this application. The opportunity for one additional dwelling unit proposed by this application is reasonable. One issue raised during the extensive discussions with the community relates to the interface along Foley's Lane between the existing and new development, specifically, the desire to retain the vegetation located between the existing residential community and the new subdivision, along Foley's Lane and to the west, on the retained lands. Staff recently undertook a site inspection of 2. Submission No.'s B 32/98 & A 12/98 - Linda Knowles, cont'd COMMITTEE OF ADJUSTMENT 111 MARCH 3, 1998 these lands, gaining a better understanding of the location and composition of the vegetation. The large part of this remnant wooded area is located on the retained lands; some trees are located on the adjacent subdivision lands which were required, through the subdivision process, to be retained in the rear of the proposed lots. Staff believe the preservation of this vegetation is an important element related to the transition between the existing and the new community, as is the requirement for increased lot sizes in the new subdivision, for those lots backing onto the lane. With the prior approval of those severances eliminating the opportunity to access the retained lands from Grand Hill Drive, the potential of (re)establishing a driveway to the retained lands increases, which could result in the cutting of trees in this area adversely impacting the buffer. To address this concern, staff recommend that an agreement be prepared and registered on title prohibiting the cutting of trees in this area except as may be permitted by the City following the submission and approval of a tree management plan. This approach would protect the existing vegetation until such time as the owners wish to remove any trees either for the purpose of constructing a driveway or for any other reason, at which time, a tree management plan would be required to be prepared and submitted to the City for approval, setting out the impact of the proposed cutting on the vegetative buffer. Staff believe that should any future owner wish to install a driveway to a new dwelling, it would not necessitate significant tree removal nor impact the visual screening function provided by the vegetation. Such agreement shall remain on title in perpetuity. Staff believe that these applications allow for the proper future development of the estate lands in a suitable and compatible lotting pattern, allow the severed lands to be available for a full consideration through a plan of subdivision process, permit the public ownership of environmentally significant lands, and preserve important vegetation serving a visual screening function. Subject to the conditions set out below, staff recommend approval of these applications. 1. That Minor Variance Application A-12/98 be approved without conditions. 2. That Consent Application B-32/98 be approved subject to the following conditions: a) That Minor Variance Application A-12/98 be finally approved. b) i) That the lands to be severed be added to the abutting lands located in Stage 1 of Plan of Subdivision 30T-94008 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 or ii) That Stage 1 of Plan of Subdivision 30T-94008 be registered. c) That an agreement be prepared to the satisfaction of the City Solicitor, and registered on title of the retained lands, prohibiting the removal of any trees located on the retained lands within the remnant wooded areas located adjacent to Plan of Subdivision 30T-94008 until a tree management plan is prepared and submitted to the City of Kitchener for approval by the Director of Community Planning, Development and Design. Such plan shall describe the species composition, size and quality of existing vegetation and the impact of the proposed activity on the existing vegetation. Measures to mitigate potential impacts should also be outlined. Such agreement shall remain on title in perpetuity and require the owner to comply with the approved tree management plan. d)That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. Submission No.'s B 32/98 & A 12/98 - Linda Knowles, cont'd The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections to these applications. Any resource concerns relating to impacts on ESPA\73 on the severed parcel can be addressed through the subdivision approvals process at the time of the development application. COMMITTEE OF ADJUSTMENT 112 MARCH 3, 1998 The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that staff have reviewed these applications and have no concerns. Any Regional issurers will be dealt with through the future subdivision. The Committee noted the written submissions of the neighbourhood residents in opposition to these applications. It was noted the Mr. & Mrs. P. Kuntz, 40 Foley Lane, had originally submitted a Notice of Objection but that the objection has since been withdrawn. Ms. J. Given provided the Committee members with an additional condition which the Department would like to have imposed in the granting of Submission No. B 32/98. Mr. B. Toderian addressed the Committee advising that he has reviewed the submissions of the public agencies and that he concurs with the Planning Departments report, including the one additional condition. Mr. Toderian then reviewed the applications advising that this is an existing substanial lot and there were three existing lots of record which were divided last fall. With the aid of an aerial photograph, Mr. Toderian showed the lands which are the subject of these applications. Mr. W. Green addressed the Committee advising that he represents Thomasfield Homes who have an Offer to Purchase on these lands and they are not the same as Krizsanderson Developments. He advised that they are endevouring to register Stage 1 of the abutting subdivision which will provide the road which will give this property legal frontage on a public street. Mr. Green then demonstrated on the aerial photograph, the position where the cul-de-sac will come into the severed lands. The Chairman questioned staff as to whether a road stub will meet the by-law requirement and Ms. J. Given responded that they could get one building permit in that situation, but would have to submit a plan of subdivision to get more than one building permit. The Chairman then questioned Mr. Toderian as to why Block 1 is being developed separately from Block 2 and Mr. Toderian responded that there is no Offer to Purchase Block 1 and it may very well sit vacant. Mr. Toderian then explained the nature of the application for minor variance. Ms. E. Vogel addressed the Committee advising that Foley's Lane is not road and Grand Hill Drive is too far away. Mr. Toderian explained how the lot gains its frontage onto a public street. Ms. Vogel stated that she would object to making Foley's Lane a road. She also spoke of the swampy area at the end of the lane which takes place in the Spring. Ms. J. Given explained the environmental situation, with the aid of the aerial photograph. Submission No. B 32/98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Linda Knowles requesting permission to sever a parcel of land having an area of 5.5 hectares (12.62 acres) as a lot addition to the abutting lands to the rear on Part Lot 9 & 10, Beasley's Broken Front Concession, Grand Hill Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Minor Variance Application A-12/98. 2. Submission No.'s B 32/98 & A 12/98 - Linda Knowles, cont'd Submission No. B 32~98, cont'd (a) That the lands to be severed shall be added to the abutting lands located in Stage 1 of Plan of Subdivision 30T-94008 and title shall 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; or COMMITTEE OF ADJUSTMENT 113 MARCH 3, 1998 (b) That Stage 1 of Plan of Subdivision 30T-94008 shall be registered. That an agreement shall be prepared to the satisfaction of the City Solicitor, and shall be registered on title of the retained lands, prohibiting the removal of any trees located on the retained lands within the remnant wooded areas located adjacent to Plan of Subdivision 30T- 94008 until a tree management plan is prepared and submitted to the City of Kitchener for approval by the Director of Community Planning, Development and Design. Such plan shall describe the species composition, size and quality of existing vegetation and the impact of the proposed activity on the existing vegetation. Measures to mitigate potential impacts should also be outlined. Such agreement shall remain on title in perpetuity and require the owner to comply with the approved tree management plan. 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 adjacent lands to the west of the severed lands shall be acquired by the City of Kitchener through a separate process, or otherwise dealt with in a separate Application for Consent finally approved by the Committee of Adjustment. 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 3, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. A 12/98 That the application of Linda Knowles requesting permission for a lot width, for the retained lands, of 9.7 m (31.83 ft.) rather than the required 30 m (98.43 ft.) on Part Lot 9 & 10, Beasley's Broken Front Concession, Grand Hill Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. Submission No.'s B 32/98 & A 12/98 - Linda Knowles, cont'd 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried APPLICATIONS COMMITTEE OF ADJUSTMENT 114 MARCH 3, 1998 Submission No. B 33/98 & A 15/98 - Bushgreen Corporation, 93R Madison Avenue, Toronto, Ontario Re: Part Lots 427, 428 & 429, Registered Plan 376 and Part Lots 3 & 4, Registered Plan 413, 15 Braun Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Brisson 93R Madison Avenue Toronto, Ontario CONTRA: NONE OTHER: Mr. G. Soulis 105 Samuel Street 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 width of 5 m (16.41 ft.), a depth of 37.75 m (123.86 ft.) and an area of 346 m2 (3,724.44 sq. ft.) subject to a right of way in favour of the retained lands. The proposed use of the property is a single family dwelling. The applicant is also requesting permission for a lot width of 5 m (16.41 ft.), at a distance of 6 m (19.69 ft.) from the street line, rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Planning & Development Department in which they advised that the applicant is requesting consent to sever a parcel of land developed with an existing single detached dwelling, into two parcels. Consent approval is also requested, under the same application B 33/98, to establish a right-of-way over the lands to be severed to access a required off-street parking space for 15 Braun Street, the lands to be retained. In conjunction with the consent application, Minor Variance Application A 15/98 requests a variance to the minimum lot width requirement from 7.5 metres to 5.0 metres, on the lands to be severed. The applications are proposed to facilitate an infill development for one single detached dwelling. The subject lands were once part of a larger parcel of land which was considered under severance Application B 40/94. This consent application created a separate lot to the west of the subject lands. In conjunction with Consent Application B 40/94, approval was also given for a maintenance easement and Minor Variance Application A 91/94 approved a westerly side yard set back of 0.64 metres on the lands to be retained, relative to the existing house. In addition to the approved applications, there were a number of sets of consent and variance applications submitted by the current owner in order to facilitate infill development prior to the current applications. All but one of the sets of preceding applications were proposals to create a total of four units for the entire holdings; all of the applications were refused, including 1. Submission No. B 33/98 & A 15/98 - Bushqreen Corporation, cont'd an Ontario Municipal Board refusal of one set of applications. Through the processing of a series of applications, staff introduced a proposal for consent which would be acceptable to staff with which the owner did not concur at the time. The current applications represent the proposal put forward by staff at the January 31, 1995 Committee of Adjustment Meeting as an acceptable alternative to submissions B 3/95 and A 10/95 and again attached to the January 6, 1995 report on A 60/-63/95 and B 44-47/95. The lands subject to the current applications are larger than the average lot in relation to the surrounding COMMITTEE OF ADJUSTMENT 115 MARCH 3, 1998 properties and the property is uncharacteristically deep in comparison to surrounding lots. The land does provide a good opportunity for infill development. The retained lands, municipally addressed as 15 Braun Street, contain an existing single detached dwelling and as proposed will comply with the minimum lot area, lot width and set back requirements according to By-law 85-1. The front yard is legal non- conforming and the westerly side yard was legalized through the approval of Minor Variance Application A 91/94. Access to a legal parking space is proposed via a right-of-way over the lands to be severed. The proposed right-of-way is 2.6 metres in width at Braun Street which is the minimum width requirement for an access to a required parking space, and narrows as shown on the sketch, as the driveway enters the retained lands. The lands to be severed will be an "L" shaped property, with the building envelope being located to the rear of the property. One variance is required for a reduction in the minimum lot width requirement, from 7.5 metres to 5.0 metres. The reduction in the lot width meets the intent of the Municipal Plan as the proposed development represents an infill development at a scale and intensity in keeping with the surrounding properties. The reduction in the lot width meets the general intent and purpose of the Zoning By-law as the actual width where the dwelling will be located is 15.6 metres in width, providing sufficient room to accommodate the dwelling and required parking. The reduction in the minimum lot width is desirable for the appropriate development of the lands as the area of the lot is uncharacteristically large and deep in relation to the surrounding lots and provides an opportunity for an infill development. The lot area proposed for the lands to be severed is greater than the minimum requirement of the Zoning By-law for a single detached dwelling. The proposed variance is minor in nature as the lot width will not restrict the size of the dwelling due to the configuration of the lot with the building envelope provided to the rear of the property, nor will the ability to provide parking be restricted. Staff have been involved extensively with consideration of various scenarios for the this property. The proposed applications will have the effect of creating a total of three units from the original lot. The Consent and Minor Variance Applications represent good planning and present an opportunity for infill development while maintaining the present Iow rise, Iow density residential character of the neighbourhood. The proposed severance design also provides an opportunity to save two large black walnut trees on site. In view of this and the forgoing, the Department of Planning and Development recommend approval of both applications. The Department of Planning and Development recommends approval of Variance Application A 15/98 without conditions. The Department of Planning and Development recommends approval of Consent Application B 33/98 provided each of the severed and retained lands are used for a single detached dwelling, 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 Minor Variance Application A 15/98 receive final approval. 3. 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. 1. Submission No. B 33/98 & A 15/98 - Bushqreen Corporation, cont'd 4. That a draft reference plan showing the proposed right-of-way be approved by the Director of Community Planning, Development and Design. 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. 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. 7. That the owner comply with the City of Kitchener "Order to Comply" issued February 10, 1998 COMMITTEE OF ADJUSTMENT 116 MARCH 3, 1998 relative to the required removal of the tree in the front right side yard under the terms of the Property Standards By-law. 8. To close all redundant driveways on the lands to be retained. 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 these applications. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections and no resource concerns with these applications. Mr. Soulis addressed the Committee and advised that he owns a rental property on Andrew Street and stated that, although he has no objections of his own, he felt that his tenant might have some objections. Mr. Brisson addressed the Committee and on a plan, indicated how he proposes to situate the new house on the severed lands so as to provide site lines for existing neighbouring properties. Mr. Soulis noted that the current proposal is less intrusive than the previously proposed triplex. He stated that the applications really do affect all the neighbours privacy by putting a house back there. Mr. P. Kruse confirmed with staff that, once severed the lot would not permit a triplex and Ms. J. Given confirmed that that was so. Submission No. B 33/98 That the application of Bushgreen Corporation requesting permission to sever a parcel of land having a width of 5 m (16.41 ft.), a depth of 37.75 m (123.86 ft.) and an area of 346 m2 (3,724.44 sq. ft.) on Part Lots 427, 428 & 429, Registered Plan 376 and Part Lots 3 & 4, Registered Plan 413, 15 Braun Street, Kitchener, Ontario BE GRANTED, subject to the following conditions: 1. That the owner shall 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 shall receive final approval of Minor Variance Application A 15/98. 3. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 4. That a draft reference plan showing the proposed right-of-way shall be approved by the Director of Community Planning, Development and Design. 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. 1. Submission No. B 33/98 & A 15/98 - Bushqreen Corporation, cont'd Submission No. B 33~98, cont'd 6. 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 lands. 7. That the owner shall comply with the City of Kitchener "Order to Comply" issued February 10, 1998 relative to the required removal of the tree in the front right side yard under the terms of the Property Standards By-law. 8. That the owner shall close all redundant driveways on the lands to be retained. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 117 MARCH 3, 1998 Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 3, 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 Submission No. A 15/98 That the application of Bushgreen Corporation requesting permission for a lot width of 5 m (16.41 ft.), at a distance of 6 m (19.69 ft.) from the street line, rather than the required 7.5 m (24.61 ft.), for a single family dwelling on Part Lots 427, 428 & 429, Registered Plan 376 and Part Lots 3 & 4, Registered Plan 413, 15 Braun Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 2. Submission No. B 34/98- J.H.S. Properties Inc., 202-1120 Victoria Street North, Kitchener, Ontario Re: Part Lot 12, Beasley's Broken Front Concession, being Part 1, Reference Plan 58R-11006, Pioneer Tower Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. P. Flemming 300-255 King Street North Kitchener, Ontario CONTRA: NONE 2. Submission No. B 34/98 - J.H.S. Properties Inc., cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to convey a parcel of land having a lot area of 0.601 hectares as a lot addition to lands owned by the Grand River Conservation Authority. The Committee noted the comments of the Department of Planning & Development in which they advised that the lands to be severed are owned by JHS Developments Inc. and are contained in draft plan of Subdivision 30T-94009, a residential subdivision in Pioneer Tower West. Through the discussions relating to this plan and the future disposition and use of the Grand River Conservation Authority lands to COMMITTEE OF ADJUSTMENT 118 MARCH 3, 1998 the south of the severed lands, it was determined that these lands, Block 6 (Stage 5B) would best be utilized along with the GRCA lands on Pioneer Tower Road, presently used for an equestrian operation. This consideration was in exchange for the designation and zoning of another portion of GRCA lands adjacent to the plan of subdivision. It is proposed that the paddocks be relocated to the severed lands once removed from the lands to be used for residential purposes. The subdivision agreement provides for the consolidation of Block 6 with the GRCA lands immediately consecutively with the registration of Stage 5B. This application seeks approval to sever and convey the parcel prior to the registration of Stage 5B. Staff have no concern with the change in timing of the conveyance, however, the subdivision agreement for Plan of Subdivision 30T-94009 must be amended, including both the plan and the text of the agreement. That Consent Application B-34/98 be approved subject to the following condition: 1. That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 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 noted the comments of the Grand River Conservation Authority in which they advised that they have no objection and no resource concerns. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of J.H.S. Properties Inc. requesting permission to convey a parcel of land having a lot area of 0.601 hectares as a lot addition to lands owned by the Grand River Conservation Authority on Part Lot 12, Beasley's Broken Front Concession being Part 1, Reference Plan 58R-11006, Pioneer Tower Road, Kitchener, Ontario BE GRANTED, subject to the following condition: 1. That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 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 3, 2000. 2. Submission No. B 34/98 - J.H.S. Properties Inc., 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 3. Submission No.'s B 35/98, B 36/98 & B 37/98 - Fort Dodge Animal Health Inc., c/o Wyeth-Ayerst Sheppard Avenue East, North York, Ontario Canada Inc., 110 COMMITTEE OF ADJUSTMENT 119 MARCH 3, 1998 Re: Part Lots 1, 2, 5 & 6, Registered Plan 1036 and Part Lot 192, Streets & Lanes, 209 Manitou Drive, Kitchener Ontario. Mr. W. Dahms declared a pecuniary interest in these applications, as he law firm acts for the appliant and did not participate in any discussion or voting with respect to these applications. Mr. P. Kruse chaired the meeting during consideration of these applications and; pursant to Subsection 7(1) of the Municipal Conflict of Interest Act, the applications were considered by the remaining 2 members. APPEARANCES: IN SUPPORT: Mr. D. Laws 700-22 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to divide this property into 4 lots. The retained lands will contain the existing building. The new lot to be created through Submission No. B 35/98 will have frontage on Manitou Drive and the two lots to be created through Submission No.'s B 36/98 and B 37/98 will have frontage on Otonabee Drive. to severe a parcel of land measuring 12.2 m (40 ft.) wide by 6.1 m (20 ft.) deep, at the rear of their property, to convey as a lot addition to the abutting property at the rear. The Committee noted the comments of the Department of Planning and Development in which they advised that an application for consent has been submitted to sever the property at 209 Manitou Drive to create three new parcels. Two of the parcels will have frontage on Otonabee Drive while the remaining two lots will have frontage on Manitou Drive. The retained parcel is occupied by a 21000 fi2 (1950.9m2) industrial building for which a site plan application has recently been submitted for the creation of additional parking. The subject building is presently being used as a computer design business which is proposing to expand within the existing 2 2 buildings to a total of 5700 ft (529.5m). The remaining portion of the building is presently vacant. The total parking required for the design business is 19 spaces. The site plan application shows approximately 42 parking spaces. In this respect the applicant must be aware that any future tenant for the vacant space must be able to comply with the City's parking requirements. 3. Submission No.'s B 35/98, B 36/98 & B 37/98 - Fort Dodge Animal Health Inc., cont'd All of the new parcels created comply with the minimum requirements of the M-4 zone and are sufficient in size to allow their development with a Heavy Industrial use. It should be noted that all matters pertaining to site development for Lots 2, 3, and 4 will be dealt with at the site plan stage. That consent applications B 35/98, B 36/98 and B 37/98 be approved subject to the following conditions: 1.That site plan application SPR98/4/M/RM for the retained parcel (209 Manitou Drive) receive final approval. 2. 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. 3. 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 COMMITTEE OF ADJUSTMENT 120 MARCH 3, 1998 which they advised that, in October of 1996, the Province of Ontario transferred a number of its plan review responsibilities to the Region of Waterloo. One area that the Region has assumed responsibility for, in reviewing Development applications, relates to the potential for site contamination due to a previous land use. In recognition of this new responsibility, in May 1997, Regional Council approved a protocol for the review of Development applications on sites that are known, suspected or potentially contaminated. This protocol may require the completion of a record of site conditions prior to final approval of a development application, depending on the type of application, the site's land use history and whether the site is located within a Regional wellfield. In reviewing the subject applications for Consent, Regional staff have determined that the site is located within a Regional wellfield and is classified as a "suspected contaminated site". This classification is based on the results of the Region's Reconnaissance Survey of Potential Contaminated Sources conducted in 1995. Under the Region's new protocol, the owner will be required to complete a Record of Site Condition for the lands to be severed, prior to final approval of these consent applications. In addition, at this location, Manitou Drive (Regional Road No. 69) has an existing road allowance of 86 ft. and a designated road allowance of 100 ft. Therefore, the owner will need to dedicate a 7 ft. road widening to the Region along the Manitou Drive frontage as a condition of approval. All other Regional requirements with this property pertaining to access, site circulation and stormwater management will be addressed through Site Plan Application SPR 98141MIRIM. Mr. P. Kruse asked the applicant's agent to provide a brief review of the applications, which was done. Mr. Kruse then reviewed the conditions requested by the public agencies. Mr. Laws advised that a title search was done on this property and a 7 ft. road widening was conveyed to the Region in 1987. Mr. Laws then provided a copy of the deed for the road widening and a copy of the reference plan indicating the 7 ft. road widening as being Part 1 on Reference Plan 58R-5647. Mr. Laws indicated that he had phoned Mr. B. Erb at the Region who indicated that this condition was no longer required. The Committee discussed the condition and agreed to include it on the understanding that it would only be conveyed if still required. Submission No. B 35~98 Moved by Ms. S. Campbell Seconded by Mr. P. Kruse That the application of Fort Dodge Animal Health Inc. requesting permission to convey a parcel of land having a frontage on Manitou Drive of 45.06 m ((149 ft.) by a depth of 86.25 m (283 ft.) and having an area of 3,993 m2 (0.96 acres) on Part Lots 1, 2, 5 & 6, Registered Plan 1036, 209 Manitou Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 3. Submission No.'s B 35/98, B 36/98 & B 37/98 - Fort Dodge Animal Health Inc., cont'd Submission No. B 35~98, cont'd 1.That the owner shall receive final approval of site plan application SPR98/4/M/R/M for the retained lands. 2. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 3. 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. 4. That the owner shall undertake a site assessment in accordance with the Guidelines For Use at Contaminated Sites in Ontario, and submit a record of site condition for acknowledgement by the Ministry of the Environment. Copies of the record of site condition and relevant report shall also be forwarded to the Regional Commissioner of Engineering. 5. That the owner shall convey to the Region of Waterloo, without cost and free of encumbrance a 7 ft. road widening along the Manitou Drive frontage of the severed and retained lands, if required. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 121 MARCH 3, 1998 Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being March 3, 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 Submission No. B 36/98 Moved by Ms. S. Campbell Seconded by Mr. P. Kruse That the application of Fort Dodge Animal Health Inc. requesting permission to convey a parcel of land having a frontage on Ontonobee Drive of 60.04 m (197 ft.) by a depth of 85 m (279 ft.) and having an area of 5,103.4 m2 (1.99 acres) on Part Lots 1, 2, 5 & 6, Registered Plan 1036, 209 Manitou Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 1.That the owner shall receive final approval of site plan application SPR98/4/M/R/M for the retained lands. 2. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 3. 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. 3. Submission No.'s B 35/98, B 36/98 & B 37/98 - Fort Dodge Animal Health Inc., cont'd Submission No. B 36/98, cont'd 4. That the owner shall undertake a site assessment in accordance with the Guidelines For Use at Contaminated Sites in Ontario, and submit a record of site condition for acknowledgement by the Ministry of the Environment. Copies of the record of site condition and relevant report shall also be forwarded to the Regional Commissioner of Engineering. 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 3, 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 COMMITTEE OF ADJUSTMENT 122 MARCH 3, 1998 Submission No. B 37~98 Moved by Ms. S. Campbell Seconded by Mr. P. Kruse That the application of Fort Dodge Animal Health Inc. requesting permission to convey a parcel of land having frontage on Ontonabee Drive of 67.85 m (222.62 ft.) by a depth of 75.8 m (248.7 ft.) and having an area of 5,143.03 m2 (1.15 acres) on Part Lots 1, 2 5 & 6, Registered Plan 1036, 209 Manitou Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: 1.That the owner shall receive final approval of site plan application SPR98141MIRIM for the retained lands. 2. That the owner shall make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 3. 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. 4. That the owner shall undertake a site assessment in accordance with the Guidelines For Use at Contaminated Sites in Ontario, and submit a record of site condition for acknowledgement by the Ministry of the Environment. Copies of the record of site condition and relevant report shall also be forwarded to the Regional Commissioner of Engineering. 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 3, 2000. 3. Submission No.'s B 35/98, B 36/98 & B 37/98 - Fort Dodge Animal Health Inc., cont'd Submission No. B 37~98, 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 ADJOURNMENT On Motion, the meeting adjourned at 11:20 a.m. Dated at the City of Kitchener this 3rd March, 1998. D. H. Gilchrist Secretary-Treasurer COMMITTEE OF ADJUSTMENT 123 MARCH 3, 1998 Committee of Adjustment