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HomeMy WebLinkAboutAdjustment - 1998-05-12COA\1998-05-12 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 12, 1998 MEMBERS PRESENT: Ms. S. Campbell, Mr. P. Kruse and Mr. S. Kay. OFFICIALS PRESENT: Mr. L. Masseo, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration, and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called the meeting to order at 9:55 a.m. MINUTES Moved by Ms. S. Campbell Seconded by Mr. S. Kay That the minutes of the regular meeting of the Committee of Adjustment of April 21, 1998, as mailed to the members, be accepted. Carried PECUNIARYINTEREST Mr. P. Kruse declared a pecuniary interest in the following applications, considered by the Committee in his absence, as his law firm acts for either the applicant or the proposed purchaser: Submission No.'s B 136/97, B 7/98, B 8/98, B 9/98, B 10/98 and B 31/98. MINOR VARIANCE UNFINISHED BUSINESS 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 for Consent. APPLICATIONS 1. Submission No. A 29/98 - Barb Honderich, 1084 Trussler Road, Kitchener, Ontario Re: Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Part Lot 134, German Company Tract, Being Part 1, Reference Plan 58R-2709, 1084 Trussler CONTRA: WRITTEN SUBMISSIONS: Mr. R. Drzazga 514 Old Orchard Place Waterloo, Ontario NONE COMHITTEE OF ADJUSTMENT 179 MAY 12. 1998 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a detached garage, at the rear of the property, with a left sideyard of 3 m (9.85 ft.) rather than the required 7.5 m (24.61 ft.) and a rearyard of 3 m (9.85 ft.) rather than the required 10 m (34.48 ft.). 1. Submission No. A 29/98 - Barb Honderich, cont'd The Committee noted the comments of the Department of Planning & Development in which they advised that the subject lands are located on Trussler Road, between Bleams Road and Huron Road. The property is approximately 0.4 hectares in size and is zoned Agricultural Zone (A-l) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling. The applicants are proposing to construct a large garage at the rear of the property and are requesting variances to the rear yard and side yard requirements. The A-1 Zone requires a rear yard setback of 10 metres and a side yard setback of 7.5 metres for all buildings and the applicants are requesting permission to reduce both setbacks to 3 metres. The A-1 Zone requires all accessory buildings to be located with such large setbacks in order to ensure that there is adequate room for the maintenance of the structure and to reduce the impact on neighbouring properties from the placement of potentially large agricultural buildings. Generally, such setbacks can be easily adhered to because of the large size of lots within the Agricultural Zone. In this instance, the applicant is requesting a reduction in the rear and side yard setbacks to reduce the impact on an existing treed area and to maximize the usable rear yard area of the lot. The requested variance would still maintain a setback of 3 metres from the rear and side property lines, allowing for maintenance of the garage. Further, it is not expected that the proposed garage would have a negative impact on the abutting lands. The lands immediately to the north are presently used as an active gravel pit and are separated from the subject lands by a large landscaped berm. The lands immediately to the west are presently landscaped and ample vegetation exists on or near the property line which would greatly reduce any visual impact. Accordingly, the requested variance can be considered to uphold the general intent of both the Municipal Plan and Zoning By-law and can be considered as being minor in nature and appropriate for the subject lands. The Department of Planning and Development recommends approval of Minor Variance Application A 29/98. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the new garage. Mr. P. Kruse advised that he is familiar with this property, as it used to be his parents' home. He stated that there is an active gravel operation on the abutting property. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Barb Honderich requesting permission to construct a detached garage, at the rear of the property, with a left sideyard of 3 m (9.85 ft.) rather than the required 7.5 m (24.61 ft.) and a rearyard of 3 m (9.85 ft.) rather than the required 10 m (34.48 ft.) on Part Lot 134, German Company Tract, Being Part 1, Reference Plan 58R-2709, 1084 Trussler Road, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit prior to constructing the garage. It is the opinion of this Committee that: COk~ITTEE OF ADJUST1MEbIT 180 kiAY 12. 1998 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 30/98 - Carol Johnston, 1798 Trussler Road, Kitchener, Ontario Part Lot 149, German Company Tract, 1798 Trussler Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. M. Johnston 1798 Trussler Road Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of a metal-clad barn, in the rearyard, having a northerly sideyard of 0.92 m (3 ft.) rather than the required 7.5 m (24.61 ft.) and a rearyard of 0.67 m (2.2 ft.) rather than the required 10 m (32.81 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting legalization of a metal-clad barn, in the rearyard, having a northerly sideyard of 0.92 m (3 ft.) rather than the required 7.5 m (24.61 ft.) and a rearyard of 0.67 m (22 ft.) rather than the required 10 m (30.48 ft.). The subject property is located on Trussler Road, south of Huron Road. The property is approximately 0.18 ha in area and is zoned Agricultural Zone (A-1) according to Zoning By-law 85-1. The property is presently developed with a single detached dwelling. The intent of the requirement for large setbacks for all buildings in the Agricultural Zone is to ensure that there is sufficient room for external maintenance of the generally large buildings which are built in these zones. Additionally, a large setback requirement reduces the visual impact on the abutting properties. The metal-clad barn was placed in the northerly corner of the property to maximize the useability of the remaining lands. Furthermore, the placement of a building of this size in compliance with the by- law would not have been physically possible given the location of the dwelling. The requested variance still allows for external maintenance of the one-storey structure. In addition, the lands surrounding the subject property are currently being used for crop production. In this respect, the impact on the surrounding lands is negligible. Accordingly, the requested variance can be considered minor in nature and the general intent of the Municipal Plan and Zoning By-law is being maintained. The Department of Planning and Development recommends approval of Minor Variance Application A 30/98. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to complete the accessory structure. A professional engineer shall verify that the structure conforms to the Ontario Building Code and there shall be no openings in a wall located less than 2 ft. from the property line. The Chairman questioned whether the building exists and Mr. Johnston advised that it does. Mr. Johnston explained that he hired a builder who was supposed to obtain all approvals. He advised COk~ITTEE OF ADJUST1MEbIT 181 kiAY 12. 1998 that they eventually fired the builder and at that point realized that a building permit was not obtained. 2. Submission No. A 30/98 - Carol Johnston, cont'd Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Carol Johnston requesting legalization of a metal-clad barn, in the rearyard, having a northerly sideyard of 0.92 m (3 ft.) rather than the required 7.5 m (24.61 ft.) and a rearyard of 0.67 m (2.2 ft.) rather than the required 10 m (32.81 ft.) on Part Lot 149, German Company Tract, 1798 Trussler Road, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall receive approval of a building permit to complete the barn, if the Building Division is prepared to issue one. 2. That the owner shall provide the Director of Building with verification from a professional engineer that the structure conforms with the Ontario Building Code. 3. That there shall be no openings in a wall located less than 2 ft. from the property line. 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 3. Submission No. A 31/98 - Mr. & Mrs. Arthur Tiede, 38 East Avenue, Kitchener, Ontario Re: Part Lots 72 & 73, Registered Plan 301, 38 East Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: CONTRA: Mr. T. Reinhart 32 John Street East Waterloo, Ontario NONE NONE NONE The Committee was advised that the applicant is requesting permission to construct a wheel chair access ramp and landing at the north side and the rear of a new one storey addition. The sideyard for the new access ramp would be 0.61 m (2 ft.) rather than the required 0.75 m (2.46 ft.) and the sideyard for the landing would be 0.305 m (1 ft.) rather than the required 0.75 m (2.46 ft.). The Committee noted the comments of the Department of Planning and Development in which they advised that the applicant is requesting a side yard variance from 0.75 metres to 0.610 metres and COk~ITTEE OF ADJUST1MEbIT 182 kiAY 12. 1998 from 0.75 metres to 0.305 for the purpose of constructing a wheelchair access ramp and landing to access a proposed "barrier free" addition. 3. Submission No. A 31/98 - Mr. & Mrs. Arthur Tiede, cont'd The minimum set back requirement of 0.75 metres (2.5 ft) is required for both access ramps and for steps in side yards. The set back is required to allow for the provision of maintenance. Most of the ramp will be set back 0.6 metres (2 ft.) with only a small portion being set back 0.3 metres (1 ft.) which is acceptable for the provision of maintenance. In view of this, the intent of the Zoning By-law is maintained. To provide a safe ramp accessible all year, the rise of the ramp must be gradual. In this regard, to provide the rise required, the entrance to the dwelling must be located in the side yard so that access to the rear yard can be maintained. In view of this, the variances are minor and desirable for the appropriate development of the lands to provide a safe "barrier free" access for a proposed addition to an existing single detached dwelling. The Department of Planning and Development recommends approval of Submission A 31/98, without conditions. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for the addition. Mr. T. Reinhart advised that a building permit has already been applied for. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Mr. & Mrs. Arthur Tiede requesting permission to construct a wheel chair access ramp and landing at the north side and the rear of a new one storey addition. The sideyard for the new access ramp would be 0.61 m (2 ft.) rather than the required 0.75 m (2.46 ft.) and the sideyard for the landing would be 0.305 m (1 ft.) rather than the required 0.75 m (2.46 ft.) on Part Lot 72 & 73, Registered Plan 301, 38 East Avenue, Kitchener, Ontario BE APPROVED subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction of the addition. It is the opinion of this Committee that: 1. The variance requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 32~98 - Klingbaum Holdings Inc., 2979 King Street East, Kitchener, Ontario Re: Lot 3 & Part Lots 1 & 2, Registered Plan 863 and Part Lot 16, Municipal Compiled Plan 958, 2979 King Street East, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. lan Smith 2979 King Street East Kitchener, Ontario COk~ITTEE OF ADJUST1MEbIT 183 kiAY 12. 1998 CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE 4. Submission No. A 32~98 - Klinqbaum Holdinqs Inc., cont'd The Committee was advised that the applicant is proposing to expand the restaurant by 32 m2 (344.46 sq. ft.), within the existing building, and is requesting permission to provide 75 off-street parking spaces for the restaurant rather than the required 78 off-street parking spaces. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant requests a variance to reduce the parking requirement from 78 spaces to 75 spaces in order to expand the existing restaurant by 32 m2 (345 sq. ft.) within the existing building. The 557 m~ (6,000 sq. ft.) restaurant currently occupies approximately 68% of the building. The remainder is occupied by a wholesaling business. The applicant proposes to expand the restaurant by converting a portion of the wholesaling area for two billiard tables, as an accessory use to the restaurant, the expanded restaurant requires three additional parking spaces as the parking requirement for restaurant is substantially greater than that for wholesaling. While it is possible to expand the asphalt parking area into the undeveloped western portion of the site, this would require somewhat substantial regrading, and simply does not appear to be necessary to accommodate the proposed increase in restaurant floor area. The general intent and purpose of the by-law and official plan is that the property should provide sufficient on-site parking to satisfy the parking needs of all uses on site. The existing restaurant appears to have more than enough parking on site. This may be due to the fact that it is in close proximity to two large hotels (Holiday Inn and Travelodge, as well as a number of smaller motels, which would generate a higher than usual proportion of walk-in customers. The impact of variance is minor as the existing parking area has not been observed to be fully utilized, and the area proposed billiard tables is less than a 6% increase to the restaurant floor area. The proposal is therefore desirable for the appropriate development and use of the land. The Department of Planning & Development recommends approval of Submission A 32/98. The Committee considered the comments of Engineering Department, Region of Waterloo, in which they advised that no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for the construction carried out to expand the restaurant use. The Committee noted the comments of the Traffic & Parking Division in which they advised that they do not support the request to provide 75 parking spaces rather than the required 78. Insufficient on- site parking could result in overflow parking on adjacent properties, and there appears to be area at the rear of the property to expand the parking to meet the by-law requirement. It is also noted that there are 74 existing spaces rather than 75 as indicated in the application and on the approved site plan. Mr. P. Kruse questioned the difference between the Planning and Traffic comments. Mr. Masseo advised that the building is there and they are merely changing the use of a portion of the building. It is not the intention to attract new customers but to better serve existing customers. Mr. Kruse noted that there would not be an increase in seating area, which would require more parking. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell COk~ITTEE OF ADJUST1MEbIT 184 kiAY 12. 1998 That the application of Klingbaum Holdings Inc. requesting permission to provide 75 off-street parking spaces for the restaurant rather than the required 78 off-street parking spaces on Lot 3 & Part Lots 1 & 2, Registered Plan 863 and Part Lot 16, Municipal Compiled Plan 958, 2979 King Street East, Kitchener, Ontario BE APPROVED subject to the following condition: 4. Submission No. A 32~98 - Klinqbaum Holdinqs Inc., cont'd 1. That the applicant shall obtain a building permit for the construction carried out to expand the restaurant use. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT UNFINISHED BUSINESS 1. 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. APPEARANCES: IN SUPPORT: Mr. E. O'Neill 15 Martinglen Crescent Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE In Submission No. B 42/98 the applicant is requesting permission to sever a parcel of land having a frontage on Walnut Street of 10.10 m (43.14 ft.) by a depth of 24.4 m (80.06 ft.) and having an area of 246.44 m2 (2,652.75 sq. ft.). In Submission No. A 28/98 the applicant is requesting permission to convert an industrial building to a multiple dwelling with a westerly sideyard of 1 m (3.28 ft.) rather than the required than the 2.5 m (8.21 ft.) and front yard of 2 m (6.57 ft.) rather than the required 4.5 m (14.77 ft.). The Committee noted the comments of the Department of Planning & Development in which they advised that application has been made to sever a parcel of land from two lots which have merged in title. The property as merged contains two buildings: a single detached dwelling municipally addressed as 48 Walnut Street and a building formerly used for industrial purposes, municipally addressed as 44 Walnut Street. The applicant has advised that they wish to re-establish the former property boundaries, and in doing so, retain a legal parking space and an existing wood shed with the single detached dwelling on the severed lands, as well as retain the existing building on the COk~ITTEE OF ADJUST1MEbIT 185 kiAY 12. 1998 lands to be retained to allow its conversion to a multiple dwelling. Attached is a copy of the survey which illustrates the former property boundaries. The lands to be severed, which contain the existing dwelling will comply with all of the regulations in the R-6 zone. However, if the existing building on the lands to be retained is converted to a multiple dwelling, two minor variances are required relative to the existing building on the retained lands, as follows: 1. Submission No.'s B 42/98 & A 28/98- 1178833 Ontario Inc., cont'd a) a reduction in the minimum front yard from 4.5 metres to 2.0 metres and; b) a reduction in the minimum westerly side yard from 2.5 metres to 1.0 metres. This application was deferred from the March 30, 1998 Committee of Adjustment meeting to give the applicant the opportunity to submit a Minor Variance Application for the variances noted above, which has now been submitted. The applicant has advised that they are not sure how they will develop the lands to be retained at this time. They are considering two options, one which proposes the retention and conversion of the former industrial building together with a new multiple residential building and another which proposes the demolition of the existing building to allow the construction of new multiple dwellings. A concept plan is attached to the application which illustrates the first option which proposes the retention of the former industrial building. No Site Plan application was filed reflecting this configuration; the plan is attached for information only. The site plan registered on title includes both the lands to be retained and the lands to be severed and proposes the demolition of the industrial building. A revision to the approved site plan is required to exclude the lands which currently house the existing single detached dwelling, proposed to be severed. Since Walnut Street is a minor local road with minimal traffic, the requested 2.0 metre front yard set back for the multiple dwelling maintains an acceptable set back in relation to a safe separation from the travelled road and in this regard the intent of the Zoning By-law is maintained. Also, the proposed variance is desirable for the appropriate development of the lands as it allows an acceptable infill development. In relation to the reduction in the minimum side yard to 1.0 metre, the intent of the Zoning By-law is being maintained as the distance separation between buildings is acceptable from a Building Code perspective and the impact on the community will be minor since the building is existing. The reduction in the side yard is desirable for the appropriate development of the subject lands as the lot line cannot be located to accommodate zoning compliance for both the severed and retained lands and the retention of the single detached dwelling and the conversion of the industrial building is a desirable option. As a condition of this approval, the Department of Planning and development is recommending that the Approved Site Plan be revised to exclude the lands to be severed, or that the agreement be released from title. The Department of Planning and Development has no objections to the proposed severance subject to the conditions contained below. That Minor Variance Application A 28~98, relative to the exiting building only, be approved without conditions. That Consent Application B 42/98 be approved subject to the following conditions: 1. That Minor Variance Application A 28~98 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. That the owner obtain approval of a revised Site Plan for the retained lands from the Director of Community Planning, Development and Design, or alternatively, that the existing development agreement be released from title. COMHITTEE OF ADJUSTMENT 186 MAY 12. 1998 1. Submission No.'s B 42/98 & A 28/98- 1178833 Ontario Inc., cont'd The Committee noted the letter from Mr. Kelly, dated March 9, 1998, requesting that Submission No. B 42/98 be amended to include permission for a partial discharge of mortgage. The Committee noted the comments of the Traffic and Parking Division in which they advised that they have no concerns regarding the proposed severance; however, they noted that the plan does not comply with the approved site plan for this property and should be revised accordingly. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that, as the proposed use of the property is residential, a noise study will be required prior to the issuance of a building permit, to assess the noise and potential attenuation required from the adjacent CN Railway line. Regional staff have also determined that this property exhibits a moderate to high potential for the recovery of archaeological remains. The owner will be required to have an archaeologist complete an archaeological assessment on the property. The Chairman questioned whether Mr. O'Neill had read the staff comments and he advised that he had and has no problems at all with the City recommended conditions. He stated that he has some problem with the Region's comments, though, as he does not see the need for the archeological dig. Mr. S. Kay questioned whether the City staff could shed some light on the Region's comments. Mr. L. Masseo advised that this is a standard Regional condition, based on their archeological master plan. Mr. O'Neill explained that these were two separate properties at one time which merged. The commercial building on the retained lands is proposed for an eight unit multiple dwelling. Mr. O'Neill then explained the site plan submitted with the application. Mr. P. Kruse questioned whether these were concept plans and whether any number of things could be done with the property. Mr. O'Neill advised that the site plan is currently registered on title. Mr. L. Masseo then explained the need for the minor variances, which allows for the option of using the industrial building as a multiple dwelling. SUBMISSION NO. B 42/98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of 1178833 Ontario Inc. requesting permission for a partial discharge of mortgage and to convey a parcel of land having a frontage on Walnut Street of 10.10 m (43.14 ft.) by a depth of 24.4 m (80.06 ft.) and having an area of 246.44 m2 (2,652.75 sq. ft.) on Part Lot 487, Registered Plan 378, 48 Walnut Street, Kitchener, Ontario BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 28~98. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property tax and/or local improvement charges. That the owner shall obtain approval of a revised site plan for the retained lands from the Director of Community Planning, Development and Design, or alternately, the existing development agreement shall be released from title. That the owner shall submit to the Region of Waterloo a noise study to add less noise from the adjacent CN Railway line. That the owner shall enter into an agreement with the Region of Waterloo to have an archaeological assessment completed on the property prior to any grading. 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. COk~ITTEE OF ADJUST1MEbIT 187 kiAY 12. 1998 1. Submission No.'s B 42/98 & A 28/98- 1178833 Ontario Inc., cont'd SUBMISSION NO. B 42/98, cont'd 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 May 12, 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 28/98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of 1178833 Ontario Inc. requesting permission to convert an existing building to a multiple dwelling with a westerly side yard of 1 m (3.28 ft.) rather than the required 2.5 m (8.21 ft.) and a minimum front yard of 2 m (6.57 ft.) rather than the required 4.5 m (14.77 ft.) on Part Lot 487, Registered Plan 378, 44 Walnut Street, Kitchener, Ontario BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the existing building only. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried APPLICATIONS Re: Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., 145 Lexington Court, Unit D, Waterloo, Ontario Part Lot 8, Plan 373, 265 Guelph Street, Kitchener, Ontario and Part Lot 8, Plan 373, Lot 1 and Part Lots 2,3,6,7,8,9 & 10, Plan 321 and Part Lot 74, Streets & Lanes, 269 Guelph Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: CONTRA: OTHER: Ms. E. Deutschmann & Mr. R. Deutschmann 145 Lexington Court, Unit D Waterloo, Ontario NONE Mr. & Mrs. M. Kapschey COk~ITTEE OF ADJUST1MEbIT 188 kiAY 12. 1998 257 Guelph Street Kitchener, Ontario 1. Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., cont'd WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE OTHERS: NONE The Committee was advised that the applicant is requesting permission to sever the property municipally known as 269 Guelph Street and retain the property municipally known as 265 Guelph Street. The severed property has a frontage on Guelph Street of 14.7 m (48.23 ft.), an area of 3,530 m2 (0.92 acres) and is currently used as a triplex. The severance will create some minor variances to the zoning by-law on both the severed and retained lands. The applicant is requesting permission for a lot width of 14.7 m (48.23 ft.) rather than the required 15 m (49.22 ft.) and a westerly sideyard of 1.24 m (4.07 ft.) rather than the required 2.5 m (8.21 ft.) for 269 Guelph Street. The applicant is also requesting permission for a lot area of 312 m2 (3,358.45 sq. ft.) rather than the required 325 m~ (3,498.33 sq. ft.) and an easterly sideyard of 1.16 m (3.81 ft.) rather than the required 1.2 m (4 ft.) for 265 Guelph Street. The Committee noted the comment of the Department of Planning & Development in which they advised that the applicant proposes to sever lands which were previously separate lots, but which have now merged in title. The lot to be retained is zoned R-5 and is developed with a duplex dwelling. The lot to be severed is zoned R-6, with that portion of the lot closest to Guelph Street being developed with a triplex dwelling and the rear portion of the lot, comprising approximately 3100 m~ (0.75 acres), being vacant. The proposed line of severance coincides with the zoning boundary. Guelph Street is identified is Municipal Plan Schedule D as a road to be widened to an ultimate width of 20 m. The road is now 12.192 m (40 ft.) wide. Therefore a widening of 3.904 m is required as a condition of the severance. For the severed lot, the variance application requests reduction of the lot width from 15.0 m to 14.7 m, and reduction of the right side yard from 2.5 m to 1.24 m for the existing dwelling. For the retained lot, the requested variances are for reduction of the lot area from 325 m~ to 312 m~, and reduction of the left side yard from 1.2 m to 1.16 m for the existing dwelling. The conveyance of land for future road widening has the effect of reducing the front yard of both existing building to 3.1 m, whereas the by-law requires a minimum front yard of 4.5 m. In addition, the area of the retained land would be reduced to 264 m2. Furthermore, the driveway would not be long enough to accommodate two pared vehicles, and the one remaining parking space would not be set back 6.0 m from the front lot line. The application should be revised accordingly to include these additional variances. The rear portion of the severed lot has potential for Iow rise residential infill development. Site plan approval has bee granted previously for a Iow rise multiple dwelling development, the proposed severance is supported as it brings the lot boundaries into conformity with the zoning boundary, and as the development potential of the rear lands remains viable with the remaining Guelph Street frontage. The severed land would have sufficient frontage to allow for the development of a two-way access driveway with enough land for pedestrian access and landscaping. The lot width variance therefore maintains the general intent and purpose of the by-law and official plan. It is desirable for the appropriate development and use of the land both in the short term as a triplex, and in the long term as the entrance to an infill development on the rear land. COk~ITTEE OF ADJUST1MEbIT 189 kiAY 12. 1998 1. Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., cont'd Regarding the side yard variance,s the general intent and purpose of the by-law and official plan is that there be adequate space between a building and a side lot line to allow for maintenance and rear yard access, as well as providing a reasonable separation between building on adjacent lots. The proposal maintains this general intent and purpose, and is desirable as it allows for separate ownership of the two buildings. The retained lot area variance could be avoided if the line of severance were slightly farther back. However, this would serve no positive purpose, and would negatively impact the developable rear land by creating an irregular lot configuration. The variances resulting from the conveyance of land for road widening purposes are desirable and maintain the general intent and purpose of the official plan by allowing for the acquisition of land for municipal purposes. The general intent of the by-law is that existing building locations be deemed to comply. Until such time as Guelph Street is physically widened, there will be no functional change on the property, two vehicles can still be parked in the driveway, although one will mostly on the municipal road allowance. The impact of all proposed variances is minor as they recognize existing building locations, and lot limits which coincide with the established extent of occupancy. The Regional Municipality of Waterloo has advised that the subject property is a former waste disposal site and that a record of site conditions will be required as a condition of severance. The Department of Planning and Development recommends approval of Submission A 33/98, as revised to reduce the minimum lot area from 325 m2 to 264 m2, to reduce the duplex parking requirement from 2 spaces to 1, to reduce the parking setback from 6.0 m to 2.0 m for the one required parking space, all on the retained lands, and to reduce the minimum front yard from 4.5 m to 3.1 m for both the severed and retained lands, subject to the following terms: That the side yard, front yard and parking variances apply to the existing building only, and shall not be deemed to permit construction of a new dwelling with reduced yard or parking requirements. The Department of Planning and Development recommends approval of Submission B 53/98 subject to the following conditions: 1. That Minor Variance Application A 33~98 receive final approval. That the owner convey to the City of Kitchener, without cost and free of encumbrance, a 3.904 m road widening along the property's entire Guelph Street frontage. 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 Grand River Conservation Authority in which they advised that they have no objection and no resource concern with Submission No. B 53/98. The Committee noted the comments of the Engineering Department, Regional Municipality of Waterloo, in which they advised that, although not adjacent to a regional road, it should be noted that this site is a former landfill site. Also, a noise impact analysis will be required for any development on these lands, due to the adjacent CNR Line. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that this application will result in two lots with frontage onto Guelph Street. The parcel to be severed has the triplex on it, a large parcel with future development potential. The 1. Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., cont'd retained parcel has an existing duplex on it. The undeveloped portion of the severed parcel was a COMHITTEE OF ADJUSTMENT 190 MAY 12. 1998 previous landfill site, according to information provided to the Region by the Ministry of the Environment. A preliminary investigation of the site was completed for the Ministry of the Environment in 1980. Based on the results of the preliminary testing, the Ministry of the Environment recommended that a detailed assessment should be done on the site prior to any development occurring on the vacant lot. The status of the site with respect to Health & Safety of present and future inhabitants can not be determined until further assessment is completed on the site. As the site was previously a landfill, it is classified as a known contaminated site. Under the Region "protocol for the review of development application on or adjacent to land which are known, suspected or potentially contaminated", approved by Regional Council on May 28, 1997, a consent is proposed on or adjacent to lands which are identified as known, suspected or potentially contaminated, the approval of the consent by the Committee of Adjustment will be subject to the following conditions: Completion of a record of site condition for the land subject to the application acknowledge by MOE). The requirement for a record of site condition also ensures that consideration ~s given to section 53(12) of the Planning Act, which requires the Committee to give the card "to the Health, Safety, Convenience and Welfare of the present and future inhabitant"(Section 51(24)). As well, the owner will be required to submit a noise study, prior to final approval of the consent, to address noise from the Canadian National Railway. Regional staff have no objection to the approval of this application subject to the following conditions: That prior to final approval of the consent, the owner submit a record of site condition for the severed parcel. That prior to final approval of the consent, the owner submit a noise study to the Regional Municipality to address the impact of rail noise on future development. The Chairman questioned whether Mrs. Deutschmann had read the staff comments and she advised that she had and has no concerns. The Chairman then questioned staff with respect to the road widening and Mr. Masseo explained the road widening and the variances resulting from that widening. The Chairman then noted the severed lands, outlined in yellow on the submitted plan and referred to the Blucher Street frontage. Mrs. Deutschmann advised that there is frontage at Blucher Street and it is subject to a right-of-way. Mrs. Deutschmann explained that she has an offer to purchase for 269 Guelph Street and, as she does not need the additional lands, the purchaser is intending to acquire them from her. She advised that the purchaser does not want the duplex. Mr. P. Kruse noted the comments of the Department of Planning & Culture, Region of Waterloo with respect to the record of site conditions and Mr. L. Masseo explained the Region's responsibilities in this regard. Mr. Kruse then stated that these are two existing buildings and, with respect to the Regional conditions, they relate to future development. After a brief discussion with the staff it was noted that it is possible for the Region to obtain these conditions at the time of the future development of the vacant lands, as there will be, at a minimum, site plan approval required and the Region is able to obtain these conditions through that process. Mr. & Mrs. Kapschey addressed the Committee advising that they were just in attendance to find out what is going on. Mrs. Deutschmann confirmed for the Committee that the purchaser is not developing the site at this time. 1. Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., cont'd SUBMISSION NO. B 53~98 Moved by Mr. P. Kruse COMHITTEE OF ADJUSTMENT 191 MAY 12. 1998 Seconded by Ms. S. Campbell That the application of Falcon Investments III Inc. requesting permission to convey a parcel of land having a frontage on Guelph Street of 14.7 m (48.23 ft.) and an area of 3,530 m2 (0.92 acres) on Part Lot 8, Plan 373, Lot 1 and Part Lots 2, 3, 6, 7, 8, 9 & 10, Plan 321 and Part Lot 73 Streets & Lanes, 269 Guelph Street, Kitchener, Ontario BE GRANTED subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 33~98. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a 3.904 m road widening along the property's entire Guelph Street frontage. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being May 12, 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 33~98 Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Falcon Investments III Inc. requesting permission for the severed lands to have a width of 14.7 m (48.23 ft.) rather than the required 15 m (49.22 ft.); a westerly sideyard of 1.24 m (4.07 ft.) rather than the required 2.5 m (8.21 ft.) and frontyard setback of 3.1 m (10.17 ft.) rather than the required 4.5 m (14.77 ft.); and permission for the retained lands to have a lot area of 264 m2 (2,841.77 sq. ft.) rather than the required 325 m~ (3,498.39 sq. ft.); an easterly sideyard of 1.16 m (3.81 ft.) rather than the required 1.2 m (4 ft.); a frontyard setback of 3.1 m (10.17 ft.) rather than the required 4.5 m (14.77 ft.); to provide 1 off-street parking space for the duplex rather than the required 2 off-street parking spaces and permission for parking to be located 2 m (6.57 ft.) from the street line rather than the required 6 m (19.69 ft.) on Part Lot 8, Plan 373, 265 Guelph Street, Kitchener, Ontario and Part Lot 8, Plan 373, Lot 1 and Part Lots 2, 3, 6, 7, 8, 9 & 10, Plan 321 and Part Lot 74, Streets and Lanes, 269 Guelph Street, Kitchener, Ontario BE APPROVED subject to the following condition: That the sideyard, frontyard and parking variances shall apply to the existing buildings only and shall not be deemed to permit the construction of a new dwelling with reduced yards or parking requirements. 1. Submission No. B 53/98 & A 33/98 - Falcon Investments III Inc., cont'd It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. COM1MITTEE OF ADJUSTMENT 192 MAY 12~ 1998 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 10:55 a.m. Dated at the City of Kitchener this 12th day of May, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment