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HomeMy WebLinkAboutAdjustment - 1998-04-21COA\1998 -04-21 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 21, 1998 MEMBERS PRESENT: Ms. S. Campbell, Mr. A. Galloway and Mr. S. Kay. OFFICIALS PRESENT: Mr. L. Masseo, Intermediate Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, Chair, called the meeting to order at 9:45 a.m. MINUTES Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the minutes of the regular meeting of the Committee of Adjustment of March 31, 1998, as mailed to the members, be accepted. Carried MINOR VARIANCE APPLICATIONS Submission No. A 23/98 - David and Julie Richie, 330 Keewatin Avenue, Kitchener, Ontario Re: Part Block 49, Registered Plan 1826, being Part 14, Reference Plan 58R-10191, 330 Keewatin Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Richie 330 Keewatin Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was 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 home and home business as a hairdresser. The parking space in the driveway will be closer than 6 m (19.69 ft.) to the lot line along Keewatin Avenue. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicants are requesting approval of two minor variances. The first is permission to provide two parking spaces in tandem, one in the garage and one in the driveway, for a home business, a hairdressing operation. Secondly, the parking space in the driveway will be 0 metres from the front lot line rather than 6 m (19.69 ft.) from the lot line along Keewatin Avenue. The by-law requires two legal off-street parking spaces, one for the home business and one for the COMMITTEE OF ADJUSTMENT 143 APRIL 21. 1998 single detached dwelling. The by-law also prohibits tandem parking for a home business. Additionally, the parking space for the home business is required to be setback a minimum of 6.0 metres from the property line. The intent of these regulations is to allow vehicles unencumbered ingress and egress to and from the subject property. 1. Submission No. A 23/98 - David and Julie Richie, cont'd The applicant has confirmed that only one vehicle belonging to the applicant will be parked at the property daily. This vehicle will be parked in the garage during the business hours. The nature of the home business is that it is appointment - based. In this regard, there will be only one client attending the premises at any one time, thereby allowing free movement to and from the subject site for the clients. The purpose of the 6.0 metre setback for parking is to provide an attractive streetscape appearance. The by-law does; however, allow residents to park vehicles not constituting "required parking" up to the front lot line. In this respect, the vehicle related to the home business will have the same appearance as if only a single detached dwelling were located on the property. Based on the above, it is the opinion of staff that the requested minor variances are minor in nature and maintain the general intent of the by-law and Municipal Plan. The Department of Planning and Development recommends approval of two minor variances relating to Submission A 23/98 for a home business consisting of a hair dressing business only. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for any construction needed to carry out the home business. 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 Engineering Department, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee questioned Mr. Richie as to whether there would be any employees in the home business and Mr. Richie advised that there would be no employees, only his wife would operate the business. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of David and Julie Richie requesting permission to provide two parking spaces in tandem, one in the garage and one in the driveway, and for one parking space to be located closer than 6 m (19.69 ft.) to the Iotline along Keewatin Avenue for a home and home business as a hairdresser on Part Block 49, Registered Plan 1826, being Part 14, Reference Plan 58R-10191, 330 Keewatin Avenue, Kitchener BE APPROVED, subject to the following conditions: That the variance as approved in this application shall be for home business as a hairdresser only. That the owner shall obtain a building permit for any construction required to carry out the home business. 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. COMMITTEE OF ADJUSTMENT 144 APRIL 21. 1998 Carried Submission No. A 24~98 - Herb and Jan Schlonies, 333 Greenfield Avenue, Kitchener, Ontario Part Lot 227, Registered Plan 254, 333 Greenfield Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. & Mrs. H. Schlonies 333 Greenfield Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to locate one parking space, for a home business, in the driveway, to be 5.19 m (17 ft.) from the lot line along Greenfield Avenue rather than the required 6m (19.69 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to locate one parking space, for a home business in the driveway, to be 5.19 m (17 ft) from the lot line along Greenfield Ave. rather than the required 6m (19.69 ft). Staff note this application should be amended to request a reduced setback for the additional parking space of 4.57 m (15 ft) rather than the required 6m (19.69 ft). The applicant used the measurement of a small car rather than noting the measurement of a legal parking space (8.5' x 18') as required by the City's by-law. The applicant intends to live in the dwelling and operate a personal service home business. As noted by the applicant, the business would attract only one customer at a time with no more than approximately 3 or 4 clients per day. This home business will have no additional employees. The intent of the zoning by-law is to provide all vehicles free and unencumbered access to the property, and avoid on street parking. Staff are of the opinion that the impact of the reduced parking setback of 4.57 m (15 ft) rather than the required 6m (19.69 ft) would be minor as the applicant would not be using their vehicle while a client is at the premises. Also, as noted above, there would be only one client to the home at a time. This property has a double wide driveway (16 ft) which could accommodate two vehicles side by side. However, the driveway would need to be 17 ft wide to comply with the zoning by-law. The applicant's vehicle would be parked in the attached carport while the client's vehicle would be parked on the driveway. This parking arrangement will still allow unencumbered access to and from the carport. As noted by the applicant, they will not be leaving the premises while there is a client present. Based on the above, staff are of the opinion that the variance is minor in nature and maintains the general intent and purpose of both the zoning by-law and municipal plan. As well, a personal service home business is an appropriate and permitted use of the dwelling. The Department of Planning and Development recommends approval of Submission A 24/98. The Committee noted the comments of the Traffic & Parking Division in which they advised that the Division has no concerns regarding the proposed parking arrangement; however, it should be noted that the Iotline along Greenfield Avenue is 1.2 m (4 ft.) behind the sidewalk, which would require a COMMITTEE OF ADJUSTMENT 145 APRIL 21. 1998 revision to the variance from 5.19 m (17 ft.) to 3.96 m (13 ft.). Ms. S. Campbell questioned the type of home business and was advised that it is for an esthetician. 2. Submission No. A 24/98 - Herb and Jan Schlonies, cont'd A discussion took place with respect to the difference in measurement as contained in the Department of Planning & Development report and the Traffic & Parking Division report and Mr. R. Morgan recommended that the application be amended in accordance with the Traffic & Parking Division report. When questioned by the Committee, Mr. Schlonies advised that there would be no employees at this business. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Herb & Jan Schlonies requesting permission to locate one parking space, for a home business, in the driveway, to be 3.96 m (13 ft.) from the lot line along Greenfield Avenue rather than the required 6m (19.69 ft.) on Part Lot 227, Registered Plan 254, 333 Greenfield Avenue, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That there shall be no employees in the home business. 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 25/98 - David Watts, 61 Russel Street, Kitchener, Ontario Part Lots 45, 46 & 47, Registered Plan 289, 61 Russel Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Watts 61 Russel Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a detached garage with a southerly sideyard of 0.3 m (1 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Planning and Development in which they advised that the applicant is requesting permission to construct a detached garage with a southerly sideyard of 0.3 metres (1 ft) rather than the required 1.2 metres (4 ft). The proposed detached garage is to be placed 3.4 metres (11 ft) from the rear yard lot line and will measure 4.3 by 7.9 metres (14 by 26 ft), with a gross floor area of 33.97 square metres (364 sq ft). The proposed garage complies to the lot area and rear yard setback requirements of the by-law. COMMITTEE OF ADJUSTMENT 146 APRIL 21. 1998 The driveway on the subject property abuts the side lot line and runs along the left side of the house. The distance between the side lot line and the 3. Submission No. A 25/98 - David Watts, cont'd house is 2.4 metres (7.91 ft). If the applicant were to maintain the required 1.2 metre sideyard for the detached garage in the rear yard, it would be difficult for a vehicle to enter the garage from the driveway. Therefore, a reduced sideyard setback is requested to provide a proper alignment of the garage entrance with the driveway. The use of the neighbouring property is for a religious institution. The garage abuts the side lot line adjacent to the gravel parking lot of the church. The detached garage would not appear to adversely affect the enjoyment of the adjoining properties. As the owner states in his application, the proposed garage is maintenance free and the eaves will not extend beyond the property line. Staff have no concerns regarding maintenance of the structure. Based on the above comments, it is the opinion of staff that the subject variance is minor in nature and the general intent of the by-law is being met. The Department of Planning and Development recommends approval of Submission A 25/98 as indicated on the drawing submitted by the applicant. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct a new garage. He advised that a wall located less than 1.2 m from the property line shall have no openings and have a 45 minute fire resistance rating. He also advised that there shall be no roof drainage onto the adjacent property. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of David Watts requesting permission to construct a detached garage with a southerly sideyard of 0.3 m (1 ft.) rather than the required 1.2 m (4 ft.) on Part Lots 45, 46 & 47, Registered Plan 289, 61 Russel Street, Kitchener, Ontario BE APPROVED, subject to the following conditions: That the applicant shall obtain a building permit prior to constructing the new garage and there shall be no openings in a wall located less than 1.2 m from the property line, with this wall have a forty-five minute fire resistance rating. That the applicant shall ensure that all drainage from the garage roof is directed onto the applicant's own property. That the variance as approved in this application shall apply to the proposed garage as shown on the plan submitted with this application. 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 26/98 -Aberdeen Homes, 42 Chartwell Court, Kitchener, Ontario Lot 14, Registered Plan 58M-31,358 Brembel Crescent, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 147 APRIL 21. 1998 APPEARANCES: IN SUPPORT: Mr. J. Hallman 42 Chartwell Court Kitchener, Ontario 4. Submission No. A 26/98 -Aberdeen Homes, cont'd CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing single family dwelling with a northerly sideyard of 1.112 m (3.65 ft.) rather than the required 1.2 m (4 ft.) and a southerly sideyard of 1.143 m (3.75 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 legalization of an existing single family dwelling with a northerly sideyard of 1.112 m (3.65 ft) rather than the required 1.2 m (3.94 ft), and a southerly sideyard of 1.143 m (3.75 ft) rather than the required 1.2 m (3.94 ft). The requested variances recognize an existing situation and the resulting deficiency in the sideyard is a small portion of what is required by the by-law. The remaining sideyards of 1.112 m (northerly) and 1.143 m (southerly) will still allow for exterior maintenance of the structure. Additionally, the deficiency would not appear to affect the neighbouring property owners' enjoyment of their land. It is the opinion of staff that the subject variances are minor in nature and the general intent of the by-law is being met. The Department of Planning and Development recommends approval of the variances applying to the structure as shown on the survey submitted with the application, prepared by Metz and Lorentz Ltd., and dated August 18, 1997. The Committee noted the comment of the Director of Building in which he advised that any openings in either side wall of the house shall be protected to the satisfaction of the Chief Building Official. The Committee questioned Mr. Hallman as to whether he had read the staff comments and Mr. Hallman advised that he had. He questioned what would happen if he did not agree with the comments of the Chief Building Official. The Committee then questioned how the construction occurred with the variances and Mr. Hallman advised that the foundation contractor did not measure very well. He also advised that they now have a surveyor coming in to locate the corners of the foundation before they are poured. A brief discussion then took place with the respect to the Chief Building Official's comments. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Aberdeen Homes requesting legalization of an existing single family dwelling with a northerly sideyard of 1.112 m (3.65 ft.) rather than the required 1.2 m (4 ft.) and a southerly sideyard of 1.143 m (3.75 ft.) rather than the required 1.2 m (4 ft.) on Lot 14, Registered Plan 58M- 31,358 Brembel Crescent, Kitchener, Ontario BE APPROVED, subject to the following conditions: That any openings on either side wall of the house shall be protected to the satisfaction of the Chief Building Official. That the variances as approved in this application shall apply to the existing development only as shown on the surveyor's real property report prepared by Metz & Lorentz Ltd., dated August 29, 1997. COMMITTEE OF ADJUSTMENT 148 APRIL 21. 1998 4. Submission No. A 26/98 -Aberdeen Homes, cont'd 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. 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 5. Submission No. A 28/98 - 1178833 Ontario Inc., 15 Martinglen Crescent, Kitchener, Ontario Re: Part Lot 487, Plan 378, 44 Walnut Street, Kitchener, Ontario. This application was considered in conjunction with Submission No. B 42/98 as described in the Minutes of Consent. CONSENT UNFINISHED BUSINESS Submission No. B 38/98 - Pieter Vos Limited, 389 Pinnacle Drive, Kitchener, Ontario Parts 1 & 2 and Part of Parts 3 & 4, Reference Plan 58R-7954, 39 Doon Valley Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: OTHERS: Mr. J. Redman 9B-270 Morrison Road Kitchener, Ontario NONE NONE NONE 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 0.2 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 comment of the Department of Planning & Development in which they COMMITTEE OF ADJUSTMENT 149 APRIL 21. 1998 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 Ontario Heritage Act and addressed as 39 Daan Valley Drive. The proposed severed lands would have an area of approximately 0.2 hectares and extend along the former right-of-way of Daan Valley Drive for a distance of approximately 55 metres. It is from this closed section of Daan Valley Drive that the house gains its access to the driveway. The severed lot also includes 6.0 metres of the closed right-of-way of Pinnacle Drive, or half of its original width. 1. Submission No. B 38/98 - Pieter Vos Limited, cont'd 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. They are approximately 1.3 hectares in size. This property 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. The proposed severance will allow the sale and preservation of the heritage building on a separate lot while allowing independent development on the vacant surrounding lands (retained lands). A Heritage Impact Assessment may be required at the development approval stage for the retained lands. Further, should the severance be successful, the owners should make a request to Council to repeal the existing designating by-law which now covers the whole property, and request that a new by-law be passed to designate only the severed lands. 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 heritage 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, 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 Vas house." This application was deferred from the last Committee of Adjustment meeting to allow staff the opportunity to explore alternative options for access to the retained lands. Staff have meet with the adjacent property owner, Manual Ferraz, who has an outstanding zone change application to allow the adjacent lands to be used for multiple residential development, to be zoned R-6. Mutual rights-of- way could be established over each property for the mutual benefit of both, reducing the land required for access and maximizing the separation of a road from the heritage dwelling. While the agent for the adjacent property owner generally supported the principle, no formal acceptance of the establishment of a right-of-way over their lands has been given to the City. Due to the potential impact of an access road in close proximity to the heritage dwelling, the location of the driveway to the retained lands is not the preferred location. In many respects, the ultimate determination of final access to the retained lands is premature, without knowing the form of development contemplated for the retained lands, the form and design of COMMITTEE OF ADJUSTMENT 150 APRIL 21. 1998 1. Submission No. B 38/98 - Pieter Vos Limited, cont'd development contemplated on the adjacent lands, or the final disposition of the other access alternative, across the Freure lands to the north. However, given the inability to secure the other locations at this time, there is a need to ensure that access to the retained lands is not prevented by virtue of approving this severance. Staff have consulted with Traffic and Parking staff to determine the minimum width in which a private two-way driveway can be accommodated. While the standard width would be 9 metres, to accommodate a 7.5 metre carriageway and 1.5 metre sidewalk for pedestrian access to/from the site, there is a willingness, in recognition of the heritage dwelling, to accept a driveway width of 6.7 metres and consider that an internal sidewalk in this location may not be feasible at the site plan stage. A 6.7 metre right-of-way will extend 0.7 metres closer to the dwelling than the closed Pinnacle Drive right-of-way and would provide about 4.5 metres between the corner of the house and the future pavement. An existing large tree which formed part of the reasons for the heritage designation of the property and bordered on the edge of the former property line when Pinnacle Drive was open, is situated within the 6.7 metres and would appear to have to be removed; however, a two-way driveway cannot be accommodated in a narrower right-of-way. Staff will continue to attempt to facilitate preferred access alternatives through the zone change on the adjacent Ferraz lands. In the event Mr. Ferraz agrees to establish a right-of-way over his lands to the benefit of these retained lands, staff are recommending that the owner of the subject property agree to quit claim the right-of-way or reduce the width of the right-of-way established through this application. Parkland dedication, which would normally be taken as a condition of severance, is being deferred to the time of development, whether it occur by way of a site plan approval, or a plan of subdivision. The severance promotes the retention of the heritage building and the recommended reduction in the right-of-way width minimizes the impact on the property, allows the development of the retained lands, and provides the opportunity for further consideration of other options for access as development plans for this and adjacent properties are advanced. The Department of Planning and Development supports the consent to sever and establish a reduced right-of-way only, subject to satisfying the conditions detailed below. That B-38/98 to permit the severance of a lot and the establishment of a 6.7 metre right-of-way for services and access, subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner enter into an agreement, to be prepared to the satisfaction of the City Solicitor, and registered on title of the severed lands, to cooperate with the City on the establishment of an alternative means of access to the retained lands and that, should a suitable alternative be identified, the owner further agrees that the 6.7 metre right-of-way, or portions of it, will be quit-claimed. The Committee noted the recommendation of the Heritage Kitchener Committee with respect to this application as outlined in the memorandum from D. Gilchrist, Committee Secretary, dated March 12, 1998. The Committee noted the concerns of Freure Developments Limited, as outlined in the letter from Mr. H. Gross, Senior Project Manager, Proctor & Redfern Ltd., dated March 26, 1998. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, dated March 25, 1998 in which they advised that due to the proximity of the retained lands to Homer Watson Blvd., Regional staff will require a noise study to be approved prior to issuance of a building COMMITTEE OF ADJUSTMENT 151 APRIL 21. 1998 1. Submission No. B 38/98 - Pieter Vos Limited, cont'd permit for these lands. If the future development of these lands is unknown at this time, the owner has the option of entering into a Registered Development Agreement with the Region, to provide for the required study prior to the issuance of a building permit. Mr. Redmond addressed the Committee and advised that he has reviewed the recommendations of staff and he is in agreement with the reduced width of the right-of-way, at 6.7 m and the conditions requested by staff. When questioned by the Committee, Mr. Redmond advised that he had read the Region's comments with respect to this application and he is in agreement with the noise study being requested. When questioned by the Committee with respect to future development and the ultimate access to the retained lands, Mr. Redmond advised that the Doon Valley Drive right-of-way had been closed by the City and there was to be a mutual right-of-way between the properties; however, the deeds have never been forthcoming. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Pieter Vos Limited requesting permission to convey a parcel of land having an area of approximately 0.2 hectares; subject to a right-of-way and easement for utilities and services having a width of 6.7 m (22 ft.) on the easterly side of the severed lands, from front to rear on Parts 1 & 2 and Parts of Parts 3 & 4, Reference Plan 58R-7954, 39 Doon Valley Drive, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall enter into an agreement with the Region of Waterloo to be registered on title of the retained lands, to submit a noise study to the Region to address noise from Homer Watson Boulevard, prior to the issuance of a building permit. That the owner shall make satisfactory arrangements with the City of Kitchener for payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall enter into an agreement, to be prepared to the satisfaction of the City Solicitor, and registered on title of the severed lands, to co-operate with the City on the establishment of an alternative means of access to the retained lands and that, should a suitable alternative be identified, the owner further agrees that the 6.7 m right-of-way or portions of it will be quit claimed. 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 April 21, 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 39/98 - Lackner Centre Development Inc., c/o Centrecorp. Management Services Limited, 1-2851 John COMMITTEE OF ADJUSTMENT 152 APRIL 21. 1998 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: 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 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 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. 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. Submission No. B 39/98 - Lackner Centre Development Inc., cont'd 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 COMMITTEE OF ADJUSTMENT 153 APRIL 21. 1998 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 requested that approval of this application be subject to the following conditions: That the Applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of electrical servicing to the lands to be severed before the severances are granted. That the Applicant make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro before the severances are granted. The Committee noted the comments of the Grand River Conservation Authority, in which they advised that they have no concerns or objections with this application. Mr. Bishop provided the members with a revised severance sketch showing the location of the easements required for utilities and services. He requested permission to amend the application to include the granting and reserving of the easements. Mr. A. Galloway questioned whether staff had seen the revised sketch. Mr. L. Masseo advised that they have seen the sketch and have no concerns with the requested amendment. Mr. S. Kay questioned the dimensions for the easement and was advised that that has not been determined and would have to be determined by the body governing the service. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Lackner Centre Development Inc. 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.); subject to and together with a right- of-way for use of the service route and subject to and together with easements for services and utilities in the locations shown on the revised severance sketch on Part Lot 120, Blocks 1 & 3-14, Registered Plan 1669, Being Part 1, Reference Plan 58R-5986, 1405 Ottawa Street North, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall submit a draft reference plan, confirming the extent of easements for underground services on the severed and retained lands and rights-of-way for service access, to be approved by the General Manager of Planning and Development. 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. That the owners of both the severed and retained lands shall 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. 2. Submission No. B 39/98 - Lackner Centre Development Inc., cont'd That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands including the granting of any easements required by the Commission. COMMITTEE OF ADJUSTMENT 154 APRIL 21. 1998 Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being April 21, 2000. It is the opinion of this Committee that: A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 42/98 & A 28/98- 1178833 Ontario Inc., 15 Martinglen Crescent, Kitchener, Ontario Re: Part Lot 487, Registered Plan 378, 44 & 48 Walnut Street, Kitchener, Ontario. As no one appeared in support of this application, the Committee agreed to defer consideration of these application to the meeting scheduled for Tuesday May 12, 1998. APPLICATIONS Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, 353 Manitou Drive, Kitchener, Ontario Lot 5, Registrar's Compiled Plan 1489, being Part 1, Reference Plan 58R-2776, 353 Manitou Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. B. Lackenbauer 235 King Street East Kitchener, Ontario NONE NONE NONE The Committee was advised that in Submission No. B 43/98, the applicants are requesting permission to convey a parcel of land having a frontage on Manitou Drive of 105.909 m (347.47 ft.) by a depth of 312.06 m (1,023.82 ft) and having an area of 33,553 m2 (8.291 acres). This parcel contains the existing building. 1. Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, cont'd The Committee was also advised that in Submission No. B 44/98, the applicants propose to sever a parcel of land having an area of 11,580 m2 (2.862 acres) as a lot addition to the abutting property on Sasaga Drive. The Committee noted the comments of the Department of Planning & Development in which they COMMITTEE OF ADJUSTMENT 155 APRIL 21. 1998 advised that these two severance applications affect a large industrial property at 353 Manitou Drive and would have the effect of creating a new lot at the corner of Sasaga Drive and Manitou Drive having a lot area of 23,753 square metres, adding land to an existing lot having frontage and access on Sasaga Drive (101 Sasaga Drive), and reducing the lot size of the property containing an existing industrial building, having a lot frontage of 105 metres on Manitou Drive. The proposed lots comply with the regulations of the M-4 Zone. However, the property is subject also to special regulation provision 49R which permits warehouse and wholesale operations with a minimum gross floor area of 6960.0 square metres or greater to use 10% of the gross floor area for accessory retail purposes. The standard minimum gross floor area in the M-4 Zone is 10,000 square metres of wholesale or warehouse before the 10% accessory retail component is allowed. This special regulation was applied to the whole of the lot as it existed in 1987 when the site was rezoned under By-law 85-1. The special provision is intended only to apply to the existing building and should not apply to the vacant retained lands under B-43/98 nor the severed lands under B- 44/98, which are being added to 101 Sasaga Drive. A Zone Change would be required to delete the special regulation provision from these vacant lands prior to the endorsement of deeds. Also related to the special regulation on the property, it is noted that a portion of the building is used for the retailing of furniture which is produced on an adjacent property, 421 Manitou Drive. Staff are advised by the agent that the site contains a number of warehouse, office and retail/outlet uses. Since the only Occupancy Permit in the file is for 5,000 square feet of the total floor area, staff cannot verify that the retail uses on the premises are legally established. There is also discrepancies related to the total floor area of the building. Prior to the endorsement of deeds, staff are recommending that occupancy permits be obtained for all permitted uses and should it be found that there are any uses not permitted in the by-law, that they cease. Through a site inspection, it was also found that a portable sign advertising the furniture sales is located on the property and may also partially encroach onto the Municipal right-of-way. A sign permit has not been obtained for this sign. This site has had an extended history of signs on the property without permits, and as such, staff are recommending a condition relating to the legalization of the sign prior to deed endorsement. Subject to compliance with the conditions below, the proposed lots comply in all other respects with the zoning and contemplate the creation of suitable lots for industrial purposes. That B-43/98 be approved subject to the following conditions: Final approval of a Zone Change deleting special regulation provision 49 from the retained lands for B-43/98. That Occupancy Permits be submitted and approved for all existing uses located in the building at 353 Manitou Drive and that any uses not permitted in the Zoning By-law cease to operate, to the satisfaction of the City's Director of Community Planning, Development and Design. That a Sign Permit be obtained for the portable sign located at 353 Manitou Drive, or alternatively, that the sign be removed. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands, if required. 1. Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, cont'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. That B-44/98 be approved subject to the following condition: 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. COMMITTEE OF ADJUSTMENT 156 APRIL 21. 1998 Final approval of a Zone Change deleting special regulation provision 49 from the severed lands for B-44/98. That Occupancy Permits be obtained for all uses located in the building at 421 Manitou Drive and that any uses not permitted in the Zoning By-law cease to operate to the satisfaction of the City's Director of Community Planning, Development and Design. That a sign permit be obtained for the portable sign located at 353 Manitou Drive, or alternatively, that the sign be removed. 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 Director of Building in which he noted that he has no concerns or comments with respect to these submissions. The Committee noted the comments of the Department of Planning and Culture, Region of Waterloo, in which they advised these applications will result in two lots fronting onto Manitou Drive. One parcel has an existing building while the other parcel is vacant. The parcel with the existing building is a suspected contaminated site and the vacant lot is adjacent to a potentially contaminated site. Both parcels are located within the Parkway Wellfield. Under the Region's Protocol for the Review of Development Applications on or Adjacent to Lands Which are Known, Suspected or Potentially Contaminated, approved by Regional Council on May 28, 1997, where a consent is proposed on or adjacent to lands which are identified as known, suspected or potentially contaminated, and the lands are located within a Regional wellfield the granting of the consent by the Committee of Adjustment will be subject to the following condition: Completion of a Record of Site Condition for the lands subject to the application (acknowledged by MOE). As well, a 7 foot road widening will be required from the Manitou Drive frontage of this property. The widening is required to accommodate future asphalt, utility and sidewalk locations and bicycle lanes. Regional staff have no objection to the approval of these applications subject to the following conditions: That prior to final approval of the consent, the owner submit a Record of Site conditions on the severed and retained lands (B 43/98) and the severed lands (B 44/98). That prior to final approval of the consent, the owner convey to the Regional Municipality of Waterloo a 7 foot road widening across the Manitou Drive frontage of the severed land retained lands. The Committee noted the comments from Kitchener-Wilmot Hydro in which they requested that approval of these applications be subject to the following conditions: 1. Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, cont'd That the Applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of electrical servicing to the lands to be severed described as Part 2 of application B 44/98 if required. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the servicing of the lands to be severed described as Part 1 of application B 43/98. The servicing now crosses the remaining lands described as Part 3. Mr. B. Lackenbauer addressed the Committee and submitted a written authorization from Mrs. Linda Rosen, widow of Percy Rosen, who is now the co-owner of the property. He wanted the record to show that there will be a change of ownership. Mr. Lackenbauer went on to explain the COMMITTEE OF ADJUSTMENT 157 APRIL 21. 1998 application; advising that there is currently an offer to purchase for Part 1 on the plan and an offer in the works for Part 2. He also advised that the remaining lands are vacant. Mr. Lackenbauer then referred to the comments of the Kitchener-Wilmot Hydro which he advised he had only just received. With respect to their requested condition no. 1, Mr. Lackenbauer stated that Part 2 on the plan is to be conveyed as a lot addition. He felt that separate electrical servicing may not be required and requested that the words "if required" be added to end of that condition, if it was to imposed. Concerning condition No. 2 requested by Hydro, Mr. Lackenbauer noted the hydro line shown on the severance plan. He stated that it would be a considerable expense for his client to change the servicing. He suggested that this situation could be solved with the granting of an easement. This would rectify the situation until the land was developed, when different arrangements could be made. He also stated that the width of the easement would be determined by Hydro. Ms. S. Campbell advised that she was not concerned about the conditions requested by Hydro; as she did not know exactly what was being requested. Mr. L. Masseo advised that the Kitchener- Wilmot Hydro may wish to service the severed lands without going across the other lands. They may want to relocate the servicing so as not to go across the other person's lands. The committee members then discussed the requested conditions of the Kitchener-Wilmot Hydro. Mr. Lackenbauer then reviewed the recommended conditions of the Region of Waterloo, advising that he had no concerns with the road widening or the record of site condition. Mr. Lackenbauer addressed the recommended conditions of the Department of Planning & Development for the City of Kitchener. He requested that condition no. 1 for B 43/98 have the words "final approval" changed to filing. He advised that he did not agree with conditions 2 & 3 for Submission No. 43/98 nor conditions 3 & 4 for Submission No. B 44/98. He stated that the owner or applicant has no control over third parties and may not be able to satisfy these conditions. He stated that the City has a mechanism to see that these are done and the owners will cooperate in any way they can. The Committee members then discussed the recommended conditions of the Department of Planning & Development. Submission No. B 43/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Jack & Linda Rosen requesting permission to convey a parcel of land having a frontage on Manitou Drive of 105.909 m (347.47 ft.) by a depth of 312.06 m (1,023.82 ft.) and having an area of 33,553 m2 (8.291 acres) on Lot 5, Registrar's Compiled Plan 1489, being Part 1, Reference Plan 58R-2776, 353 Manitou Drive, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owners shall file a Zone Change Application for the purpose of deleting special regulation provision 49 from the retained lands for Submission No. B-43/98. Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, cont'd That Occupancy Permits shall be submitted and approved for all existing uses located in the building at 353 Manitou Drive and that any uses not permitted in the Zoning By-law shall cease to operate, to the satisfaction of the City's Director of Community Planning, Development and Design. That a Sign Permit shall be obtained for the portable sign located at 353 Manitou Drive, or alternatively, the sign shall be removed. That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of new service connections to the severed lands, if required. 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 158 APRIL 21. 1998 That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the servicing of the lands to be severed, described as Part 1 of Submission No. B 43/98. That the owner shall submit and receive approval of a record of site condition for the severed and retained lands, from the Regional Municipality of Waterloo. That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a 7 ft. road widening across the Manitou Drive frontage of the severed and retained lands. 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 April 21, 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 44~98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Jack & Linda Rosen requesting permission to sever a parcel of land having an area of 11,580 m2 (2.862 acres) as a lot addition to the abutting property on Sasaga Drive on Lot 5, Registrar's Compiled Plan 1489, being Part 1, Reference Plan 58R-2776, 353 Manitou Drive, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the lands to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the lands to be severed complying with Sections 50(3) and/or (5) of the Planning Act. That the owner shall obtain final approval of a Zone Change Application addressing the deletion of special regulation provision 49 from the severed lands for Submission No. B 44/98. 1. Submission No.'s B 43/98 & B 44/98 - Jack and Percy Rosen, cont'd Submission No. B 44~98, cont'd That Occupancy Permits shall be obtained for all uses located in the building at 421 Manitou Drive and that any uses not permitted in the Zoning By-law shall cease to operate to the satisfaction of the City's Director of Community Planning, Development and Design. That a sign permit shall be obtained for the portable sign located at 353 Manitou Drive, or alternately, the sign shall be removed. 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 159 APRIL 21. 1998 That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands, described as Part 2 of Submission No. B 44/98, if required. That the owner shall submit a record of site condition for the severed lands and the retained lands, for approval of the Regional Municipality of Waterloo. That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a 7 ft. road widening across the Manitou Drive frontage of the retained lands. 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 April 21, 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 45/98 - Harold Merckel, 132 Ross Avenue, Kitchener, Ontario Lots 82 & 83, Registered Plan 765 and Block C, Registered Plan 914, 132 & 140 Ross Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. U. Roetsch 284 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE 2. Submission No. B 45/98 - Harold Merckel, cont'd The Committee was advised that the applicant is requesting permission to sever the property municipally known as 140 Ross Avenue from 132 Ross Avenue, so that each property may be dealt with separately. The property at 140 Ross Avenue is developed with a six unit apartment building and the property at 132 Ross Avenue is developed with a duplex. The Committee noted the comments of the Department of Planning & Development in which they advised that the subject application seeks approval to sever two properties which have merged in title. The severed lands, municipally addressed as 140 Ross Avenue contain a 6 unit multiple dwelling. The retained lands, at 132 Ross Avenue, are developed with a duplex. COMMITTEE OF ADJUSTMENT 160 APRIL 21. 1998 It appears as though the lands to be severed, 140 Ross Avenue are developed with only 6 parking spaces, whereas 8 spaces were required when it was built. As the parking requirement for multiple dwellings of this size has been increased in the current zoning by-law, By-law 85-1, from 1.25 spaces per dwelling unit to 1.5 spaces per dwelling unit, it is staff's opinion that the site should be developed with at least the 8 spaces required when the building was constructed, which would then be considered legal, non-conforming. The site appears capable of accommodating the 2 additional parking spaces. Staff have no concerns with the re-creation of the former lot lines as both properties comply in all other respects to their respective zoning regulations and no change to the buildings is contemplated. That application B-45/98 be approved subject to the following conditions: That a parking plan be submitted to and approved by the City's Director of Community Planning, Development and Design showing a total of 8 parking spaces on site and that such parking spaces be developed in accordance with the approved plan. That satisfactory arrangements be made for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Director of Building in which he noted that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Division in which they advised that adequate on-site parking should be provided for each of the severed properties. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objections or concerns with this application. Mr. U. Roetsch explained the application, advising that it will facilitate a future sale. When questioned by the Committee, Mr. Roetsch advised that the owner is prepared to increase the parking from 6 to 8 spaces. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Harold Merckel requesting permission to convey a parcel of land having a frontage on Ross Avenue of approximately 26.37 m (86.53 ft.) by a depth of 34.03 m (111.66 ft.) and having an area of 897 m2 (9,662 sq. ft.) on Part Lots 82 & 83, Registered Plan 765 and Part Block C, Registered Plan 914, 140 Ross Avenue, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall submit and receive approval of a parking plan by the City's Director of Community Planning, Development and Design showing a total of 8 parking spaces on site and that such parking spaces shall be developed in accordance with the approved 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. 2. Submission No. B 45/98 - Harold Merckel, cont'd Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being April 21, 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. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the COMMITTEE OF ADJUSTMENT 161 APRIL 21. 1998 retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 46/98 - Andrew Nessner In Trust, c/o Box 2215, Kitchener, Ontario Part Lots 27 & 28, Registered Plan 789, 419 & 425 Lancaster Street West, Kitchener, Ontario. At the request of the applicant's agent the Committee agreed to defer consideration of this application to the meeting scheduled for June 9, 1998, to allow the applicant an opportunity to submit an Application for Minor Variance for this property. Submission No. B 47/98 - Lawrence and Margaret Cluthe, 50 Old Mill Road, Kitchener, Ontario Part 6, WDR 226, 50 Old Mill Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Lennox 19 Cambridge Street Cambridge, Ontario CONTRA: Mr. K. Eby Department of Planning & Culture Region of Waterloo WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicants are requesting permission to convey a parcel of land having a frontage on Roos Street of 42.67 m (140 ft.) by a depth of approximately 58 m (190.29 ft.) and having a area of 2,440 square meters (26,264.8 sq. ft.) The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting consent to sever a new parcel from an existing large property located at 50 Old Mill Road (fronting Roos Street). The subject lands are designated Low Rise Residential within both the Municipal Plan and the Lower Doon Secondary Plan and are zoned Residential Three Zone (R-3) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling serviced with a private septic system. Both the lands to be severed and the lands to be retained would conform to all applicable regulations of the R-3 Zone. This application is identical to that previously submitted under Submission No. B-69/96. 4. Submission No. B 47/98 - Lawrence and Marqaret Cluthe, cont'd The lands to be severed are proposed to be serviced by a private septic system. However, the Kitchener Municipal Plan requires that development within the Low Rise Residential land use district occur only on full sanitary services. In addition, regardless of the land use designation applied to a property, the servicing hierarchy adopted by the Regional Municipality of Waterloo and the City of Kitchener specifies that development may only occur on private septic systems if it is determined that it is not feasible or possible to connect with an existing municipal or communal treatment facility In this instance, it is feasible to connect with an existing sanitary sewer. A local sanitary sewer presently exists on Mill Park Drive and a local main can easily be extended to service both the severed and retained lots. In order for the severance to be approved in conformity with the Municipal Plan, a local sanitary sewer main must be extended from the existing Mill Park Drive sanitary sewer to a point approximately 100 metres north on Roos Street. This COMMITTEE OF ADJUSTMENT 162 APRIL 21. 1998 would enable both the lands to be severed and the lands to be retained to be serviced by municipal sanitary sewer. The Regional Municipality of Waterloo recommended refusal of the original proposed consent due to the proximity of the lands to the Kitchener Sewage Treatment Plant and concerns with respect to odour. Regional comments on this application have not been received. The Kitchener Municipal Plan includes no policies relating to the subdivision of land adjacent to wastewater treatment facilities and accordingly, staff did not address this issue during the review of the application. The Department of Planning and Development recommends that Consent Application B 47/98 be approved, subject to the following conditions: To make satisfactory financial arrangements with the City's Department of Public Works for the extension of a local sanitary sewer main from the existing sanitary sewer at Mill Park Drive to a point approximately 100 metres north on Roos Street. To make satisfactory financial arrangements with the City's Department of Public Works, for the installation of all new service connections to the severed and retained lands. 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to five percent of the value of the lands to be severed. The Committee noted the comments of the Director of Building in which he noted that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that their comments are the same as those submitted for B 69/96, dated October 25, 1996. In those comments they advised that the purpose of the application is to create one new residential lot from an existing property municipally addressed as 50 Old Mill Road. The lands intended to be severed are located on the west side of the Grand River, and are situated approximately 166 m south east of two large sludge storage lagoons associated with the Kitchener Wastewater Treatment Plan. This facility is owned and managed by the Regional Municipality of Waterloo, and has a design capacity of 122,000 m3 of sewage per day. The facility is presently operating at approximately 52 percent of its total capacity. According to Ministry of Environment and Energy guidelines on land use compatibility, sensitive land uses should be separated from sewage treatment facilities because of the potential nuisance effects (primarily in terms of odour) that may be experienced by residents living in close proximity to such facilities. The intent of this policy is also reflected in the recently approved Regional Official Policies Plan. Policy 7.7.2.3 of the Regional Plan states as follows: 4. Submission No. B 47/98 - Lawrence and Marqaret Cluthe, cont'd "The Region in consultation with the Ministry of Environment and Energy, will consider the potential adverse impacts associated with the operation of wastewater treatment facilities or systems on sensitive land during the Environmental Assessment and development approval process and may require the appropriate use of separation distances or other mitigation measures." The Region views the use of separation distances as an important means of lessening the potential impact of sewage treatment facilities on sensitive land uses. According to Ministry Guidelines D-2, the recommended separation distance between new residential development and waste stabilization ponds varies between 100 and 400 m depending on the type of pond and characteristic of the waste. In this case, the two ponds located immediately north-west of the proposed lot can be categorized as sludge storage lagoons. This type of pond has a much higher sold waste content than traditional waste stabilization ponds which, when operating at full capacity are likely to increase both the intensity and frequency of nuisance odours in the area. As such, we believe it would be appropriate to apply the upper limit of the Ministry's recommended separation distance of 400 m. COMMITTEE OF ADJUSTMENT 163 APRIL 21. 1998 The lands intended to be severed are situated well inside the 400 m buffer area recommended above. Given the long standing history of odour complaints from residents in the immediate vicinity of the proposed severance, and in recognition and the fact that the sewage treatment facility is presently operating at approximately 52% of it's design capacity, Regional staff are of the opinion that the lot proposed through this severance application exhibits a high potential for odour impact. To avoid establishing a lot in an area currently prone to odour nuisances, they recommended that the Committee not approve the subject application. Regional staff recognize that their comments regarding minimum separation distances are new to this Committee; however, in light of the recent transfer of responsibilities from the Ministry of the Environment and Energy to the Region, Regional staff are not responsible for implementation of guidelines and policies of the Ministry. In considering this application, they would also wish to remind the Committee that Section 51 (24) of the Planning Act requires that, in considering the subdivision of land, "regard shall be had for the health, safety, convenience and welfare of the present and future inhabitants of the local municipalities." Mr. J. Lennox addressed the Committee and distributed photographs of the property and explained their content. Mr. Lennox advised that the owners had made a similar application one and half years ago, but it had been withdrawn because of the cost which may have been required for services. These costs have not been addressed and the applicant is now ready to proceed. Mr. Lennox then reviewed the comments of the Department of Planning & Development stating that the four requested conditions are reasonable. Mr. Lennox then advised that Mr. K. Eby of the Department of Planning & Culture, Region of Waterloo, was in attendance and he wished to give Mr. Eby an opportunity to speak and then to be allowed to respond to Mr. Eby's comments. Mr. Lennox then referred to the key map which shows a 400 m setback from the Regional treatment plant, advising that there are approximately 30 properties within that line. He stated that the severed property will be further away from the treatment plant than Mr. Cluthes existing house. He stated that this is a simple matter of infilling, which is in keeping with other lots in the neighbourhood. Mr. Eby addressed the Committee and distributed copies of an aerial photograph, as was included with his written comments. Mr. Eby advised that the proposed lot is 166 m from one of the lagoons of the sewage treatment plant, which is not currently in use. He advised that, currently, the Region receives in excess of 100 complaints per year. The complaints are associated with Iow wind conditions rising up the creek. He also advised that there is no development on the other side within 235 m. Mr. Eby then referred to the current application stating that they are requesting refusal due to the significant number of complaints, stating 4. Submission No. B 47/98 - Lawrence and Marqaret Cluthe, cont'd that it is an inconvenience to anyone using this property. He also stated that, when this lagoon is used to capacity, there will be worse odour problems. Approval of this application would not comply with Regional policy. The Chairman then questioned the 30 existing houses in this area. Mr. Eby replied that this subdivision was approved in 1986, prior to the lagoon being approved in 1989-1990. The Chairman then questioned whether the acknowledgement of the odours in an agreement would satisfy the Region's concerns. Mr. Eby stated that he would have to discuss the matter with the Regional Solicitor. He advised that, on the other side of the river, they did accept odour warning clauses and air conditioning. Mr. Eby then advised that this is an area of high archaeological potential and an archaeological assessment would be required. At the request of the Committee, Mr. Eby advised of the archaeological potential. Mr. Eby advised that staff did consider the possibility of an odour warning clause and air conditioning but after discussion with the Regional Solicitor, staff agreed that they should put forward the same comments as the last time. Mr. Lennox addressed the Committee in response to Mr. Eby's comments, stating that the Regional Policy says "may"; therefore, it is not mandatory. He noted that the precedent that the Region established on the other side of the river with the odour warning clauses and air COMMITTEE OF ADJUSTMENT 164 APRIL 21. 1998 conditioning. He stated that, if the Committee would grant the application, the owner would accept an odour warning clause as a condition. He stated that the owner would not agree to a condition requiring forced air heating and air conditioning. Concerning the archaeological assessment Mr. Lennox advised that this was unknown to him and he would not like to see that as a condition. With regard to the forced air, Mr. Lennox advised that the proposed purchaser lives in the area and does not want forced air heating. Mr. Eby advised that in the absence of a condition requiring an archaeological assessment, the Region would appeal the Committee's decision, as this is a mandatory requirement in the Region's plan. The Chairman noted that there is nothing before them today saying that an archaeological assessment is mandatory. Mr. Eby advised that he did not have a copy of the Region's plan with him. He then advised of a previous appeal in a similar situation. Ms. S. Campbell questioned in what circumstances an archaeological assessment is required and was advised by Mr. Eby that the policy requires an archaeological assessment for properties within 150 m of the Grand River and those on a bluff. He explained why this is necessary. Mr. Lennox advised that he would accept the conditions for an archaeological assessment if the words "if required" are added, but he stated that he advised that he is opposed to this condition. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Lawrence and Margaret Cluthe requesting permission to convey a parcel of land having a frontage on Roos Street of 42.67 m (140 ft.) by a depth of approximately 58 m (190.29 ft.) and having a area of 2,440 square meters (26,264.8 sq. ft.) on Part 6, WDR 226, 50 Old Mill Road, Kitchener, Ontario BE GRANTED, subject to the following conditions: To owner shall make satisfactory financial arrangements with the City's Department of Public Works for the extension of a local sanitary sewer main from the existing sanitary sewer at Mill Park Drive to a point approximately 100 metres north on Roos Street. That the owner shall make satisfactory financial arrangements with the City's Department of Public Works, for the installation of all new service connections to the severed and retained lands. 4. Submission No. B 47~98 - Lawrence and Marqaret Cluthe, cont'd That the owner shall make satisfactory arrangements with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall pay to the City of Kitchener a cash-in-lieu of for park dedication equal to five percent of the value of the lands to be severed. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to implement the following odour attenuation measures: a) That the dwelling to be constructed on the proposed severed lot shall be installed with a forced air-ducted heating system and an air conditioning system. b) That an odour warning clause shall be included in all development agreements, offers of purchase and sale and rental agreements, to the satisfaction of the Regional Municipality of Waterloo. That the owner shall submit to the Regional Municipality of Waterloo, for approval, an archaeological assessment 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. 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 April 21, 2000. COMMITTEE OF ADJUSTMENT 165 APRIL 21. 1998 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 48/98 - Ivan Biuk, 1989 Old Mill Road, Kitchener, Ontario Re: Part 1, Reference Plan 58R-11004, 53 Doon Valley Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. D. Biuk 627 Deer Run Drive Waterloo, Ontario CONTRA: NONE 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 frontage on Doon Valley Drive of 7.62 m (25 ft.) by a depth of 38.1 m (125 ft.) and having an area of 290 square meters, (3,125 sq. ft.). The use of the property is a semi-detached dwelling unit. 5. Submission No. B 48/98 - Ivan Biuk, cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to sever a parcel of land having a width of 7.62 metres (25 ft.) and a depth of 38.1 metres (125 ft.) and having an area of 290.31 metres (3,125 sq. ft.). The severance would give separate title to both the retained and severed parcels, each containing a semi-detached dwelling unit. A building permit for the construction of the semi-detached dwelling was issued on July 21, 1997. The buildings are completed and nearly ready for occupancy. Under previous Consent Application B-33/97, the Committee of Adjustment granted approval to create two lots for semi-detached dwellings subject to a number of conditions being fulfilled. These conditions included the requirement to undertake a site assessment pertaining to site contamination in accordance with the Guidelines for Use at Contaminated Sites in Ontario. The applicant submitted a site condition report to the Ministry of Environment and the report noted that the site complied with all regulations and guidelines of the Ministry. The assessment was only performed on the subject lands at 53 - 55 Doon Valley Drive and a further assessment would be requested on the abutting lands to the east, shown as Parts 3 and 4 on Plan 58R-11004, prior to the issuance of a building permit on these lands. All other conditions related to B-33/97 have also been fulfilled. Both the severed and retained lots comply with all the zoning regulations. The proposal provides for the proper and orderly development of lands. The Department of Planning and Development recommends approval of application B-48/98 COMMITTEE OF ADJUSTMENT 166 APRIL 21. 1998 subject to the following condition: 1) 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 Director of Building in which he noted that he has no concerns or comments with respect to this submission. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Ivan Biuk requesting permission to convey a parcel of land having a frontage on Doon Valley Drive of 7.62 m (25 ft.) by a depth of 38.1 m (125 ft.) and having an area of 290 m2, (3,125 sq. ft.) on Part 1, Reference Plan 58R-11004, 53 Doon Valley Drive, Kitchener Ontario BE GRANTED, subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shal lapse 2 years from the date of approval, being April 21, 2000. It is the opinion of this Committee that: Submission No. B 48/98 - Ivan Biuk, cont'd A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 49/98 & B 50/98 - Hallman Rosedale Limited, 230 Ga.qe Avenue, Kitchener, Ontario Re: APPEARANCES: IN SUPPORT: Parts of Block 54, Registered Plan 1829, Keewatin Avenue, Kitchener, Ontario. CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: Mr. P. Dietrich 697 Coronation Boulevard Cambridge, Ontario NONE NONE COMMITTEE OF ADJUSTMENT 167 APRIL 21. 1998 CONTRA: NONE The Committee was advised that the applicant is requesting permission to convey two parcels of land to be developed with single family dwellings. The parcel to be created through Submission No. B 49/98 will have a frontage on Keewatin Avenue of 9.15 m (30 ft.) by an average depth of 40.86 m (135 ft.) and having an area of 0.41 hectares, (0.18 acres). The parcel to be created through Submission No. B 50/98 will have a frontage on Keewatin Avenue of 9.15 m (30 ft.) by an average depth of 31.8 m (104 ft.) and having a area of 0.31 hectares (0.076 acres). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant proposes to sever two lots for single detached dwellings fronting the north side of Keewatin Avenue east of Lackner Boulevard. The retained lands are to be consolidated with abutting lands for future development. The subject lands were created as a future development block in Registered Plan of Subdivision 1829. The intent of the subdivision design was that the block be consolidated with lands owned by Y & Y Resources at the corner of Lackner and Keewatin. The consolidated block is intended to be developed for higher intensity uses in accordance with the Grand River North Community Plan. The subject lands were zoned Residential (R-4) as a holding zone in advance of a zone change on the consolidated block. The Y & Y lands were the subject of applications for subdivision, zone change and community plan revision in 1994; however, the application was incomplete and has not progressed. The application proposed to rezone the adjoining portion of the lands from Agriculture (A-l) to Community Institutional (I-2). The lands at the corner of Lackner and Keewatin are designated as Low Density Multiple Residential in the Grand River North Community Plan. This designation establishes a minimum density of 75 units per hectare and a maximum density of 100 units per hectare. The density of the proposed lots is 27.8 units per hectare; however, the lots can be interpreted to be within the Low Density Residential designation as the boundary between the Low Density Multiple Residential and Low Density Residential designations is interpreted to coincide with the boundary between the individual lots and the block to be consolidated. 6. Submission No.'s B 49/98 & B 50/98 - Hallman Rosedale Limited, cont'd The proposed lots are identical in width and similar in area to adjacent lots on Keewatin Avenue, which are also developed with single detached dwellings. The proposal complies with the R-4 zoning and there is no question of incompatibility. At such time as the retained lands become consolidated with the Y & Y lands, the configuration of the consolidated block will not be as regular as it would have been without the severance of the two proposed lots. However, the resulting configuration seems to be reasonable and appropriate to allow for development of possible intended uses (eg. multiple dwelling, health clinic, religious institution). The block would have 90 m frontage on Keewatin Avenue. Access will be from Keewatin rather than Lackner. It is necessary to have an agreement registered on title of the retained lands in order to ensure that the retained lands are not developed until consolidated with abutting lands for future development. The proposed lots are substantially lower (approximately 3 m) than the lands to the rear. A grading plan will be required to be approved prior to severance. The subject lands are subject to the conditions of the Subdivision Agreement for R. P. 1829, including the maintenance guarantee for roads and services. Financial securities are in place for service connections and road restoration, driveway ramps, boulevard landscaping, and street trees. Parkland dedication requirements have already been satisfied. The Department of Planning and Development recommends approval of Submissions B 49/98 and B 50/98 subject to the following conditions: 1. That the owner provide written acknowledgement that the financial securities provided COMMITTEE OF ADJUSTMENT 168 APRIL 21. 1998 under the Subdivision Agreement registered as Inst. No. 1258010 shall be used as financial securities for the servicing and grading of the lots to be severed. That the owner prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer, and all detailed erosion and siltation control features; all to the satisfaction of the City's General Manager of Public Works. That the owner enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the retained lands, containing the following condition: The Subdivider agrees that the subject lands, described as Part 3, Plan 58R- shall only be used as a lot consolidation with the adjoining block in Draft Plan of Subdivision 30T-94026 (Y & Y Resources). 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 Director of Building in which he noted that he has no concerns or comments with respect to these submissions. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they advised that approval of these applications be subject to the following condition: That the Applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of electrical servicing to the lands to be severed before the severances are granted. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objections or concerns with these applications. 6. Submission No.'s B 49/98 & B 50/98 - Hallman Rosedale Limited, cont'd Mr. Dietrich addressed the Committee and gave a brief history of this property. He submitted a revised wording for condition no. 3 and distributed copies of a new plan. He advised that he had no concerns with any of the other City recommended conditions. A discussion then took place about the potential development of this land in conjunction with the lands to the rear. When questioned by the Committee, Mr. L. Masseo said that he had no difficulty with what Mr. Dietrich is proposing. Ultimately the proposed wording allows for prior consent by the City of Kitchener. Concerning the written comments of the Kitchener-Wilmot Hydro, Mr. Dietrich advised that he had no difficulty with the conditions they were requesting. Submission No. B 49/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a frontage on Keewatin Avenue of 9.15 m (30 ft.) by an average depth of 40.86 m (135 ft.) and having an area of 0.41 hectares, (0.18 acres) on Parts of Block 54, Registered Plan 1829, Keewatin Avenue, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall provide written acknowledgement that the financial securities provided under the Subdivision Agreement registered as Inst. No. 1258010 shall be used as financial securities for the servicing and grading of the lots to be severed. That the owner shall prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer, and all detailed erosion and siltation control features; all to the satisfaction of the City's General Manager of Public Works. COMMITTEE OF ADJUSTMENT 169 APRIL 21. 1998 That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the retained lands, containing the following condition: That the Subdivider agrees that the subject lands, described as Part 3, Plan 58R- , shall not be conveyed by the subdivider without prior consent of the City of Kitchener other than as a lot consolidation with the whole or part of the adjoining block in Draft Plan of Subdivision 30T-94026 (Y & Y Resources). That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands. 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 April 21, 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. 6. Submission No.'s B 49/98 & B 50/98 - Hallman Rosedale Limited, cont'd Submission No. B 49~98, cont'd The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 50/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Hallman Rosedale Limited requesting permission to convey a parcel of land having a frontage on Keewatin Avenue of 9.15 m (30 ft.) by an average depth of 31.8 m (104 ft.) and having an area of 0.31 hectares, (0.076 acres) on Parts of Block 54, Registered Plan 1829, Keewatin Avenue, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall provide written acknowledgement that the financial securities provided under the Subdivision Agreement registered as Inst. No. 1258010 shall be used as financial securities for the servicing and grading of the lots to be severed. That the owner shall prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer, and all detailed erosion and siltation control features; all to the satisfaction of the City's General Manager of Public Works. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the retained lands, containing the following condition: COMMITTEE OF ADJUSTMENT 170 APRIL 21. 1998 That the Subdivider agrees that the subject lands, described as Part 3, Plan 58R- , shall not be conveyed by the subdivider without prior consent of the City of Kitchener other than as a lot consolidation with the whole or part of the adjoining block in Draft Plan of Subdivision 30T-94026 (Y & Y Resources). That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of electrical servicing to the severed lands. 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 April 21, 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. 6. Submission No.'s B 49/98 & B 50/98 - Hallman Rosedale Limited, cont'd Submission No. B 50/98, cont'd The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 52/98 - Lukan Homes Inc., P.O. Box 1582, Stn. C., Kitchener, Ontario Lot 80, Registered Plan 254, 34 Fourth Avenue, Kitchener Ontario. Messrs. R. & R. Lutzer P.O. Box 1582, Stn. C Kitchener, Ontario NONE NONE NONE APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: The Committee was advised that the applicant is requesting permission to divide this property into 2 new lots and to construct a new dwelling on each lot. The lands to be severed and the lands to be retained will each have a frontage on Fourth Avenue of 10.07 m (33.03 ft.) by a depth of 40.41 m (132.58 ft.). The Committee noted the comments of the Department of Planning & Development in which they COMMITTEE OF ADJUSTMENT 171 APRIL 21. 1998 advised that the applicant is requesting consent to sever a parcel of land which contains a single detached dwelling and a detached garage. The proposed lot width and lot area for both the lands to be retained and the lands to be severed is 10.07 metres and 406.88 square metres. The subject lands are designated Low Rise Residential in the City's Municipal Plan and are zoned Residential Four Zone (R-4) according to By-law 85-1. The R-4 zone permits single detached, semi-detached and duplex dwellings. The minimum lot width requirement for single detached dwellings in a R-4 Zone is 7.5 metres, the minimum lot area is 235 square metres and the minimum front yard set back is 4.5 metres relative to the dwelling and 6.0 metres relative to the garage. The proposed lots exceed the minimum Zoning By-law requirements for lot area and lot width. The Department of Planning and Development has no record of a building permit for the original dwelling, but can advise that it was constructed prior to 1951. The house is in poor condition and both the dwelling and garage are proposed to be demolished, allowing the construction of new single detached dwellings on each lot. The existing dwelling is set back 26 metres from the front property line and has a rear yard set back of only 2.9 metres, which is uncharacteristic of the neighbourhood. As a result of this, the abutting property owners have enjoyed a clear view along the street without the obstruction of a dwelling. The surrounding homes are generally set back approximately 7.62 metres from the front property line, largely due to previous Zoning By-law regulations. The neighbourhood is comprised of predominantly single detached and semi- detached dwellings with a sporadic mix of Iow rise multiple dwellings and some institutional uses. Staff met with the applicant and residents in the area to discuss some concerns which were expressed by the residents regarding the Consent Application. Concerns regarding the potential building set back, enjoyment of views, location of driveways and building materials were discussed. 7. Submission No. B 52/98 - Lukan Homes Inc., cont'd The residents' main concerns are related to the minimum front yard set back and lot width requirements permitted by the current Zoning By-law, compared to the actual set backs of the surrounding dwellings and the potential effect this could have on the sight lines or enjoyment of views relative to the abutting property owners. The applicant has agreed to develop the lots with a minimum front yard set back of 7.62 meters to be consistent with the surrounding dwellings to address neighbourhood concerns related to sight lines or views. Additionally, concerns were expressed by the adjacent property owners, particularly the resident at 38 Fourth Avenue, with respect to the location of driveways. There is currently no driveway adjacent to 38 Fourth Avenue; the driveway leading to the existing garage is located adjacent to the northerly side lot line abutting the property addressed as 28 Fourth Avenue. The applicant agreed to locate the driveway on the northerly side of the lands to be severed. Lastly, the residents expressed a desire for full brick dwellings. The applicant has agreed to construct a brick front facade, which is acceptable to the residents. The applicant provided drawings of a typical building layout and elevations of the dwellings which he proposes to construct. The drawings are not finalized; however staff are satisfied that the proposed severed lot will fit in with the character of the neighbourhood provided a condition is imposed requiring that the dwellings maintain a minimum front yard set back of 7.62 metres to be consistent with the surrounding streetscape. The driveway location and building material are not matters which staff felt were critical to maintain neighbourhood compatibility; however, the applicant has agreed to the neighbourhood requests on these matters. The proposed consent represents a suitable infill development in keeping with the character of the surrounding neighbourhood. In this regard, the Department of Planning and Development supports the severance application subject to the conditions below. The Department of Planning and Development recommends approval of Consent Application: B 52/98 subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the lands to be retained. COMMITTEE OF ADJUSTMENT 172 APRIL 21. 1998 That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on both the retained and severed lands, if required. 3. That the existing dwelling and garage be demolished. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges for both properties. That the owner enter into an agreement to be prepared to the satisfaction of the City Solicitor and registered on title of the lands to be severed and the lands to be retained, agreeing that no building shall be located on the property within 7.62 metres of the front lot line. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objections or concerns with respect to this submission. The Committee noted the comments of the Director of Building in which he advised that if the dwelling on Part 2 is not removed, then a firewall must be constructed where the property line passes through the building. 7. Submission No. B 52/98 - Lukan Homes Inc., cont'd The Committee noted the comments of the Traffic & Parking Division in which they advised that the existing hedge along the front Iotline be removed or trimmed to comply with the Hedge By-law in order to provide adequate sight lines from future driveways. When questioned by the Committee, Mr. R. Lutzer advised that he was in agreement with the staff conditions. Mr. Lutzer provided the Committee with a copy of the plan showing the proposed building envelopes for the two new homes and the locations for the proposed driveway. When questioned by Ms. S. Campbell concerning the hedge, Mr. Lutzer advised that the hedge will be removed. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Lukan Homes Inc. requesting permission to convey a parcel of land having a frontage on Fourth Avenue of 10.07 m (33.03 ft.) by a depth of 40.41 m (132.58 ft.) and having an area of 406.88 m2 (4,879.77 sq. ft.) on Part Lot 80, Registered Plan 254, 34 Fourth Avenue, Kitchener, Ontario BE GRANTED, subject to the following conditions: 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 lands to be retained. That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on both the retained and severed lands, if required. 3. That the owner shall demolish the existing dwelling and garage. That the owner shall make satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges for both properties. 5. That the owner shall enter into an agreement, to be prepared to the satisfaction of the City COMMITTEE OF ADJUSTMENT 173 APRIL 21. 1998 Solicitor and registered on title of the lands to be severed and the lands to be retained, agreeing that no building shall be located on the property within 7.62 metres of the front lot line, the applicant shall construct a brick front facade on each of the new dwellings and the driveways to be located on the new lots shall be adjacent to the severance line. 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 April 21, 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 51/98 & A 27/98 - Vernon & Ruth Schwindt, 1209 Doon Villaqe Road, Kitchener, Ontario Re: Part of Lot 3 Biehn's Tract, 1209 & 1213 - 1217 Doon Village Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. R. Haalboom 602-101 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: Heritage Kitchener City of Kitchener CONTRA: NONE The Committee was advised that the applicants are requesting permission to sever the apartment building at 1213 - 1217 Doon Village Road from the single family dwelling at 1209 Doon Village Road. The lands to be severed will have a frontage on Doon Village Road of 27.265 m (89.46 ft.), a depth of 66.181 m (217.13 ft.) and an area of 2,934.7 m2 (31,589.89 sq. ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicants propose to sever lands which were previously separate lots, but which have now merged in title. The lands to be retained are situate at the southeast corner of Doon Village Road and Wilfong Drive and contain a single detached dwelling. The lands to be severed contain a 4-unit multiple dwelling having frontage on Doon Village Road. The proposed line of severance coincides with the established line of occupation, as each of the two lots functions independently of the other. The lands are within the Upper Doon Heritage Conservation District. The variance application requests reduction of the east side yard of the existing attached garage on the retained lands from 1.2 m to 0.15m The variance application should be revised to address three additional variances on the retained lands and one additional variance on the severed lands. For the retained lands the proposed 24.55 m lot width and 1575 m2 lot area are less than the COMMITTEE OF ADJUSTMENT 174 APRIL 21. 1998 required 30.48 m and 2023 m2 required by the Upper Doon Heritage Conservation District, as implemented in clause 187U of the zoning by-law. In addition, the brick building west of the dwelling is set back only 0.57 m from Wilfong Drive, rather than the 6.0 m required by the by-law. For the severed lands, the accessory building has a side yard of 0.942 m rather than the required 1.2 m. The proposal was considered by Heritage Kitchener, which passed the following resolution at its meeting of April 3, 1998: "That Heritage Kitchener has no objection to Consent Application B 51/98 - 1209 & 1213-1217 Doon Village Road, properties located in the Upper Doon Heritage Conservation District, as submitted, conditional upon the continued use of the existing buildings." Regarding the lot width and lot area variances, the general intent and purpose of the by-law and official plan is that new lots created by severance be compatible with existing developed lots in the Heritage Conservation District. The proposal maintains this general intent and purpose as the proposed lots were, prior to their merger, among those existing developed lots. The other three variances recognize existing building locations. The minimal setback of the brick building is not of concern as Wilfong Drive carries traffic from a very small number of lots. The brick building is not used as a required parking space as this function is provided by the 8. Submission No. B 51/98 & A 27/98 - Vernon & Ruth Schwindt, cont'd attached garage and the driveway from Doon Village Road. The 0.15m side yard is the distance between the proposed lot line and a wall which extends the front wall of the attached garage toward the side lot line. The rest of the garage is approximately 0.86 m from the side lot line, and the area between the garage and the lot line can be accessed from the rear yard. The impact of all five variances is that they allow for the severance. There should be no visual impact as the lots are physically developed as separate lots; the impact of the variances will therefore be minor. The variances are desirable for the appropriate development and use of the land as they allow separate ownership of functionally separate lands. All variances are applicable to the existing buildings only. The intent of the Heritage Kitchener resolution is that the existing buildings be retained. Therefore the variances for the area and width of the retained lot are applicable to the existing building only. If at any time it is proposed that the existing single detached dwelling be demolished and replaced, new variances would have to be considered. In addition to permitting single detached dwellings, the zoning by-law for the Upper Doon area recognizes existing multiple dwellings such as the dwelling on the land to be severed. The zoning permits both a single detached dwelling and a multiple dwelling on one lot; however, the land to be severed does not comply with the minimum lot width for single detached dwelling. As no new development is proposed for the severed lot, no consideration is given to a variance at this time. The Department of Planning and Development recommends approval of Submission A 27/98, revised to include additional variances for lot width, lot area, side yard, and side yard abutting Wilfong Drive, subject to the following terms: That the variances apply to the existing buildings only, and shall not be deemed to permit construction of a new dwelling. The Department of Planning and Development recommends approval of Submission B 51/98 subject to the following conditions: 1. That Minor Variance Application A 27~98 receive final approval. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 175 APRIL 21. 1998 The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no objections or concerns. At the request of Mr. Haalboom, the Committee agreed to consider an amendment to Submission No. A 27/98 as outlined in the comments of the Department of Planning & Development. The Committee noted the comments of the Grand River Conservation Authority in which they advised that the proposed severed and retained parcels lie completely below the elevation of the regulatory floodline for Schneider Creek. As both parcels are currently developed and have individual services available, they did not object to the separation of the parcel but recommend that the owners be made aware of the flood risk at this site. Submission No. B 51/98 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Vernon & Ruth Schwindt requesting permission to convey a parcel of land having a frontage on Doon Village Road of 27.265 m (89.46 ft.), a depth of 66.181 m (217.13 ft.) and an area of 2,934.7 m2 (31,589.89 sq. ft.) on Part of Lot 3, Biehn's Tract, 1213 - 1217 Doon Village Road, Kitchener, Ontario BE GRANTED, subject to the following conditions: 8. Submission No. B 51/98 & A 27/98 - Vernon & Ruth Schwindt, cont'd Submission No. B 51/98, cont'd 1. That the owners shall receive final approval of Minor Variance Application A 27/98. That the owner shall make satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being April 21, 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. A 27~98 Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Vernon & Ruth Schwindt requesting permission for the existing attached garage on the retained lands to have a sideyard of 0.15 m (0.5 ft.) rather than the required 1.2 m (4 ft.) permission for the retained lands to have a lot width of 24.55 m (80.55 ft.) rather than the required 30.48 m (100 ft.) and a lot area of 1,575 m2 (16,953.72 sq. ft.) rather than the required 2,023 m~ (21,776.11 sq. ft.) and the brick building on the west side of the proposed retained lands to have a front yard setback from Wilfong Drive of 0.57 m (1.87 ft.) rather than the required 6 m (19.69 ft.) and permission for the accessory building on the severed lands to have a sideyard of 0.942 m (3.09 ft.) rather than the required 1.2 m (4 ft.) on Parts of Lot 3 Biehn's Tract, 1209 and COMMITTEE OF ADJUSTMENT 176 APRIL 21. 1998 1213-1217 Doon Village Road, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the existing buildings only, as shown on the plan prepared by Metz & Lorentz Ltd., dated March 23, 1998 and shall not be deemed to permit construction of new buildings. 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. 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 ADJOURNMENT On Motion, the meeting adjourned at 12:40 a.m. Dated at the City of Kitchener this 21st April, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment