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HomeMy WebLinkAboutAdjustment - 1998-09-15COA\1998-09-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 15, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called the meeting to order at 9:45 a.m. MINUTES That the minutes of the regular meeting of the Committee of Adjustment of August 18, 1998, be amended on page 302, Submission No. A 81/98, to show that the decision to approve this application was "carried". Moved by Mr. A. Galloway Seconded by Mr. S. Kay Carried Carried MINOR VARIANCE APPLICATIONS Submission No. A 82/98 - John Fusek, 220 Williamsburg Rd., Kitchener, Ontario Re: Part Part Lot 287, Registered Plan 378, 331 Wellington Street North, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Fusek 220 Williamsburg Road Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of four off-street parking spaces located upto the Iotline along St. Leger Street rather than being setback 3 m (9.85 ft.) from the Iotline along St. Leger Street and permission for a parking lot where the vehicles must reverse into the street rather than exiting the parking lot in a forward motion. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting legalization of four off-street parking spaces located up to the lot line along St. Leger Street rather than being set back 3.0 m (9.85 ft) from the lot line along St. Leger Street, and permission for a parking lot where the vehicles must reverse into the street rather than exiting That the minutes of the regular meeting of the Committee of Adjustment of August 18, 1998, as mailed to the members and amended this date, be accepted. COk~ITTEE OF ADJUST1MEbIT 309 SEPTEMBER 15. 1998 the parking lot in a forward motion. The property is located at the corner of Wellington Street North and St. Leger Street in an area characterized by a mixture of industrial and residential uses. The present zoning is Residential R-6 in accordance to City of Kitchener By-Law 85-1. The use of the property as a four unit multiple dwelling is 1. Submission No. A 82/98 - John Fusek, cont'd permitted; however, the lot is too small to accommodate a parking lot that meets the regulations of the by- law. In this regard, four parking spaces have been created along the St. Leger Street frontage. The intent of the parking regulations is to allow unencumbered access to and from the subject property as well as to provide for a consistent streetscape. In this particular situation the parking area is abutting a street, thereby allowing vehicles clear access to and from the subject site. In addition, given the industrial nature of that portion of St. Leger, the lack of a 3 metre buffer strip has little, if any, adverse affect on the existing streetscape. Furthermore, the current parking arrangement has existed for an undetermined length of time without complaint. Accordingly, the requested variances 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 Business and Planning Services recommends approval of Minor Variance Application A 82/98. The Committee noted the comments of the Traffic & Parking Division in which they advised that it is likely that a significant traffic problem would not be created given the current use of the property, the number of parking spaces involved and the relatively Iow turnover in traffic in the parking lot. It is noted that under certain conditions, there may be safety concerns where pedestrians must cross a parking area of this type, particularly where there is a long section of asphalt/uncontrolled access. The Committee noted the comments of the Transportation Division, Region of Waterloo, in which they advised that they have no concerns with this application. Upon questioning by the Committee, Mr. Fusek briefly explained the application. Moved by Mr. A. Galloway Seconded by Mr. S. Campbell That the application of John Fusek requesting legalization of four off-street parking spaces located upto the Iotline along St. Leger Street rather than being setback 3 m (9.85 ft.) from the Iotline along St. Leger Street and permission for a parking lot where the vehicles must reverse into the street rather than exiting the parking lot in a forward motion on Part Part Lot 287, Registered Plan 378, 331 Wellington Street North, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 83/98 - Ngoc V. Nguyen, 87 Courtland Avenue East, Kitchener, Ontario Re: Part Lot 210, Subdivision of Lot 17, German Company Tract, 87 Courtland Avenue East, Kitchener, Ontario. APPEARANCES: COk~ITTEE OF ADJUST1MEbIT 310 SEPTEMBER 15. 1998 IN SUPPORT: Mr. D. Travers 101 Frederick Street Kitchener, Ontario 2. Submission No. A 83/98 - Nqoc V. N,quyen, cont'd CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing rear addition having a rearyard of 6.71 m (22 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting relief of the required rear yard setback in the CR-1 Zone to permit a single storey addition on to the rear of an existing building located at the corner of Courtland Avenue and Peter Street. The building contains a single dwelling unit on the second floor, and a home business (hair salon) is proposed for part of the ground floor. The ground floor is currently being renovated to accommodate the hair salon. The addition will contain a kitchen to serve the second floor dwelling. The addition, the subject of this application, is already under construction and nearing completion. The Zoning By-law requires a minimum rear yard of 7.5 metres in the CR-1 zone. The addition is proposed to be setback 6.5 metres from the rear yard, creating a deficiency of 1 metre. The proposed addition replaces a similar addition which was recently removed. The application form submitted by the owner proposes a rear yard of 6.7 metres. A recent survey of the property submitted with the application indicates that the proposed rear yard would be 6.5 metres at the closest point. Provided the application is amended to reflect the actual rear yard as recently surveyed, staff consider that the proposed variance is relatively minor in nature. The addition replaces a previous addition in this location, is not out of scale with the existing dwelling, and does not project excessively into the rear yard so as to restrict the use of the rear yard. The proposed home business (hair salon) is a permitted use in the CR-1 Zone. A home business is limited to no more than 25% of the gross floor area of the dwelling in which it is located (to a maximum of 50 square metres). The total gross floor area of the dwelling is 185 square metres; therefore, the home business cannot exceed 46 square metres (being 25% of the total gross floor area of the dwelling). The gross floor area proposed to accommodate the hair salon is approximately 40 square metres (22% of the gross floor area); therefore the hair salon, as proposed, would comply with the maximum permitted floor area in the Zoning By-law. It should be noted that an Occupancy Permit must be approved by the Building Division prior to the opening of the hair salon and all home business regulations must be adhered to. In reviewing the rear yard variance, staff have determined that there is a need for an additional minor variance approval as it relates to the location of required parking. Parking to serve the dwelling and home business can be provided in the rear yard of the property. An existing detached garage is proposed to be removed where one of the spaces can be located. The area where the parking spaces are located is surfaced in concrete. The Zoning By-law requires a minimum of 2 parking spaces in this instance, one space for the dwelling and one space for the home business. Staff understand that there are no non-resident employees in the home business who might otherwise require parking. Two parking spaces in tandem are possible in the rear yard of the property. However, the By-law requires the spaces to be independently accessible, and one of the spaces would be located in the required 6 metre setback abutting a street. In this case, the application would have to be revised to permit one parking space to be set back 2.13 metres from Peter Street rather than the required 6 metres and to permit two spaces in tandem. Subject to Committee's approval to amend the application accordingly, staff consider the proposed setback to COk~ITTEE OF ADJUST1MEbIT 311 SEPTEMBER 15. 1998 2. Submission No. A 83/98 - Nqoc V. N,quyen, cont'd be acceptable. A concrete surfaced area already exists where the space closest to Peter Street is proposed and this area, for all practical purposes, is already being used for parking purposes. A condition has been imposed requiring the removal of the detached garage as the garage is in poor condition and is proposed to be removed by the owner. The two spaces can be better accommodated without the garage remaining. The owner has also recently surfaced the front yard of the property in asphalt. Although there exists no dropped curb to accommodate vehicular access to this part of the property, the owner has been advised that no parking is permitted in this location. In addition, a bus stop is located immediately in front of the property. Parking in this part of the property could create a dangerous traffic hazard, especially considering that this property is a corner lot located on a primary arterial road (Courtland Avenue). Staff consider the requested and additional variances maintain the general intent and purpose of the Zoning By-law and Municipal Plan, are minor in nature and are desirable for the appropriate development and use of the land. Subject to the removal of the detached garage and compliance with all other home business regulations including issuance of an Occupancy Permit, staff recommend that the application be approved. The Department of Business and Planning Services recommends approval of Submission A 83/98 as revised by amending the proposed rear yard to 6.5 metres and to include permission to locate one parking space to be set back 2.13 metres from a street rather than the required 6 metres and two parking spaces to be arranged in tandem, subject to the following conditions: That the existing garage located in the rear yard of the property be removed prior to December 6, 1998. No extension to this date shall be granted unless approved in writing by the Director of Planning prior to the removal date set out in this decision. That the owner shall comply with all other home business regulations and shall obtain an Occupancy Permit for the home business prior to December 6, 1998. No extension to this date shall be granted unless approved in writing by the Director of Planning prior to the date set out in this decision. The Committee noted the comments of the Traffic Division, Region of Waterloo, in which they advised that, at this location, Courtland Avenue has an existing road allowance width of 60 ft. and a designated road allowance width of 86 ft.; therefore, a 13 ft. road allowance widening is required from this property. A 25 ft. daylight triangle is also required at the intersection of Courtland Avenue and Peter Street. It may not be appropriate to acquire the widening and daylight triangle under this application. At the request of Mr. Travers, they Committee agreed to consider amendments to the application in accordance with the staff comments. A discussion took place with respect to the asphalt surface in the front yard and the unsafe condition this causes. The Committee considered a condition requiring the removal of this asphalt. Mr. Travers requested a condition requiring the installation of concrete curbing to prevent parking rather than the removal of the asphalt, which the Committee agreed with. Moved by Mr. A. Galloway Seconded by Mr. S. Campbell That the application of Ngoc V. Nguyen requesting legalization of an existing rear addition having a rearyard of 6.5 m (21.33 ft.) rather than the required 7.5 m (24.61 ft.) and permission to provide two parking spaces in tandem for a home and home business rather than two parking spaces side-by-side, with one of these parking spaces located 2.13 m (6.99 ft.) from Peter Street rather than the required 6 m (19.69 ft.) on Part Lot 210, Subdivision of Lot 17, German Company Tract, 87 Courtland Avenue East, Kitchener, Ontario BE APPROVED, subject to the following conditions: 2. Submission No. A 83/98 - Nqoc V. N,quyen, cont'd COk~ITTEE OF ADJUST1MEbIT 312 SEPTEMBER 15. 1998 That the owner shall remove the existing garage located in the rear yard of the property prior to December 6, 1998. No extension to this date shall be granted unless approved in writing by the Director of Planning prior to December 6, 1998. That the owner shall comply with all other home business regulations and shall obtain an Occupancy Permit for the home business prior to December 6, 1998. No extension to this date shall be granted unless approved in writing by the Director of Planning prior to December 6, 1998. That the owner shall install a barricade along the Courtland Avenue and Peter Street property lines in front of the building save and except that portion of asphalt shown on the survey prepared by Metz & Lorentz Ltd. dated December 20, 1993, to prevent vehicular traffic, to the satisfaction of the Director of Planning, prior to December 6, 1998. No extension to this date shall be granted unless approved in writing by the Director of Planning prior to December 6, 1998. 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. Submission No. A 84/98 - 925277 Ontario Limited, c/o J.C. Group, 1120 Victoria Street North, Suite 202, Kitchener, Ontario Re: Part Lot 35, German Company Tract, 908 Highland Road West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Addison 807 Zeller Drive Kitchener Ontario CONTRA: Mr. & Mrs. Schmidt 105 Bankside Drive Kitchener Ontario Ms. K. DeMarco 72 Bankside Drive Kitchener Ontario Ms. L. Luft 74 Bankside Drive Kitchener Ontario Ms. L. Kinzie 86 Bankside Drive Kitchener Ontario Mr. & Mrs. S. Johnson 84 Bankside Drive Kitchener Ontario Mr. A. Rebelo 76 Bankside Drive Kitchener Ontario COk~ITTEE OF ADJUST1MEbIT 313 SEPTEMBER 15. 1998 3. Submission No. A 84/98 - 925277 Ontario Limited, cont'd Mr. G. Frowd 78 Bankside Drive Kitchener, Ontario Mr. A. Herrington 80 Bankside Drive Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is proposing to construct an apartment building and is requesting permission for balconies to be setback 5.26 m (17.26 ft.) from Bankside Drive rather than the required 6 m (19.69 ft.), to have easterly sideyards of a minimum of 4.81 m (15.78 ft.) rather than the required 6 m (19.69 ft.) and balconies with a minimum rearyard of 6.54 m (21.46 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting relief from the front yard, easterly side yard and rear yard setbacks to facilitate the development of balconies on a four storey apartment building. A concurrent Site Plan Application is being processed under Submission Number SP98/22/H/PB. The Zoning By-law does allow balconies to locate within required yards if they are not supported from the ground. The main structure of the apartment complies with all of the setback requirements; however, the proposed balconies do not. The proposed design is to provide support for the balconies from the ground, therefore, a greater setback is required. Since the submission of the Variance Application, the site plan has been revised to address some technical concerns identified through the processing of the Site Plan Application. The variances required are listed below and reflect the most current plan submitted. Front Yard Variance A reduction in the front yard setback from 6.0 metres to 5.26 metres for the westerly balcony and to 4.91 metres for the easterly balcony. Side Yard Variance A reduction in the side yard setback for five balconies, starting from Bankside Drive and southerly, from 6.0 metres to 5.48 metres, 5.05 metres, 5.48 metres, 4.81 metres and 5.4 metres. Rear Yard Variance A reduction in the rear yard setback is required for one balcony, from 7.5 metres to 6.72 metres. The application should be amended to reflect the variances noted above. The lands are designated Medium Rise Residential in the City's Municipal Plan, but are currently zoned R-9 according to By-law 85-1 which reflects a high rise designation. A City-initiated Zone Change is currently being processed under application ZC97/19/TC/JG to change the zoning from R-9 to R-8. By- law 98-108 was passed on August 17, 1998 and is under its appeal period. The change in zoning to R-8 will implement the Medium Rise Residential designation in the Municipal Plan. The front, side and rear yard requirements are the same for both the R-9 zone and the R-8 zone for a building containing four storeys. The R-8 and the R-9 zones require a front yard setback of 4.5 metres for buildings 10.5 metres or less and the R-8 zone requires a side yard setback of 2.5 metres for buildings 10.5 metres or less. For COk~ITTEE OF ADJUST1MEbIT 314 SEPTEMBER 15. 1998 buildings higher than 10.5 3. Submission No. A 84/98 - 925277 Ontario Limited, cont'd metres, the setback increases to 6.0 metres for both the front and side yards. The front yard setback requirement increases as height increases to provide a pedestrian friendly streetscape and lessen the impact of tall buildings. As a result of the grades of the subject land and the proposed design of the building, having high peaks, parts of the building will be greater than 10.5 metre above the finished grade, requiring greater setbacks. Building height is calculated from the lowest finished grade to the highest peak. The intent of the increased setback between properties is to provide a greater separation distance between properties for privacy, aesthetics, shadow impact and the over all impact. It is staff's opinion that the general intent and purpose of the Zoning By-law and Municipal Plan are maintained for the requested variances since the main structure of the building will meet the required setbacks and since the variance is required due to the design of the building having high peaks such that the setbacks requirements are greater. The impact of the variances will be minor and they are considered appropriate due to the design of the building and since the encroachment into the required yards is minor. The Department of Planning and Development recommends approval of Variance Application A 84/98, as amended herein, applicable only to the Site Plan finally approved under application SP98/22/H/PB. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. The front portion of the lot lies below the elevation of the Regulatory Floodline for Schneider Creek; however, this flooding does not impact on the appropriateness of the proposal. The Committee noted the comments of the Transportation Division, Region of Waterloo, in which they advised that they have no concerns with this application. The Chairman reviewed the variances relative to the balcony. Mr. Addison advised that he had reviewed the staff comments and is in agreement with them. He was of the opinion that the application met the four tests set out in the Planning Act. The neighbourhood residents in attendance advised the Committee of their concerns respecting the development of this site. Their concerns dealt with density of the site and the increase density of the neighbourhood. They spoke of their concerns of the high traffic volumes and Fire Department access. They asked that the application not be approve and that the applicant comply with the by-law. Ms. J. Given advised that this area has been designated High Rise Residential in the City's Official Plan since 1979. The owner has applied to have the designation reduced to Medium Density Residential. She advised that a site plan application has been processed for the property and, other than the balconies, the proposed development complies in all other respects of the Zoning By-law. Ms. Given suggested that the neighbours' concerns would be better dealt with in a meeting with the Traffic staff, Planning staff and the Ward Councillor. Ms. Given also spoke of the owner's application to reduce the permitted density of the site through an Official Plan Amendment and Zone Change. Mr. Kay questioned whether the Committee was in a position to deal with the balconies prior to the by-law receiving final approval and Ms. Given responded that they were because the regulations for balconies are the same in both by-laws. Mr. Kay then clarified with staff that this apartment building could be built even if the Zone Change does not receive final approval. Ms. Given advised that was correct and the rezoning is to reduce the density and not increase it. 3. Submission No. A 84/98 - 925277 Ontario Limited, cont'd Mr. Galloway questioned whether the density of the site would change if the application for the balconies was not approved. Ms. Given advised that the density would not have to change; however, the applicant COk~ITTEE OF ADJUST1MEbIT 315 SEPTEMBER 15. 1998 would have to change the balconies. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 925277 Ontario Limited requesting permission for balconies to be setback, 5.26 m (17.26 ft.) for the westerly balcony and 4.91 m (16.11 ft.) for the easterly balcony, from Bankside Drive rather than the required 6 m (19.69 ft.); to have sideyards of 5.48 m (17.98 ft.), 5.05 m (16.47 ft.), 4.81 m (15.78 ft.) and 5.4 m (17.72 ft.) rather than the required 6 m (19.69 ft.) and balconies with a minimum rearyard of 6.72 m (22.05 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lot 35, German Company Tract, 908 Highland Road West, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Mr. Addison advised that he would gladly meet with the neighbours to provide further information on the development of this site. Submission No. A 85/98 - Mary Sellner & Margaret Mary Sellner, 357 Weber Street West, Kitchener, Ontario Re: Lot 8, Registered Plan 373, 357 Weber Street West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. W. Van Miltenburg 357 Weber Street West Kitchener, Ontario Mr. J. Maziarz 420 Erb Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission to create a double driveway in front of the existing building to provide two off-street parking spaces. The two parking spaces will be located upto the Iotline along Weber Street rather than being setback 6 m (19.69 ft.) from Weber Street. The parking spaces will have a depth, on the westerly side of 5.21 m (17.08 ft.) rather than the required 5.49 m (18 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is designated Low Rise Residential in the City's Municipal Plan, is zoned R-5 and R-6 according to Zoning By-law 85-1, and is presently developed with a single detached dwelling. 4. Submission No. A 85/98 - Mary Sellner & Marqaret Mary Sellner, cont'd COk~ITTEE OF ADJUST1MEbIT 316 SEPTEMBER 15. 1998 The property currently has no off-street parking and is surrounded on two sides by the driveway and parking lot of the CEC building (formerly Uniroyal Goodrich) on Weber Street West. A grade differential of approximately 2.1 metres exists between the street line and the front of the dwelling. The applicants wish to construct a double width driveway in front of the dwelling so as to provide necessary off-street parking. To provide parking in such a manner, the applicants are requesting minor variances to reduce the setback of the required off-street parking space from 6.0 metres to 1.32 metres and to allow the provision of two parking spaces in the front yard. In order to construct the proposed driveway, the grade at the front of the dwelling would be excavated, the earth hauled away and retaining walls constructed. The easterly side of the driveway and its associated retaining wall would be constructed approximately 0.6 metres from the easterly property line. The exact width of the driveway is not known at this time as the construction of the retaining walls will potentially impact the footings associated with the concrete porch and cold cellar. At the time building permits are issued for the construction of the retaining walls, the exact width of the driveway will be determined. The Zoning By-law would permit the widening of the driveway up to 50 percent of the lot width, or approximately 6.4 metres in this instance. The intent of the parking regulations is to ensure that off-street parking is provided for each dwelling in an appropriate manner. Since the current proposal would provide a minimum of one off-street parking space where none presently exists, the general intent of the Municipal Plan and Zoning By-law is maintained. Further, since the Zoning By-law would permit the widening of the driveway up to 50 percent of the lot width, the impact of the requested variance is considered to be minor and appropriate for the subject lands. The Department of Business and Planning Services recommends approval of Minor Variance Application A 85/98, to reduce the setback of the required off-street parking space to 1.32 metres and to allow for the provision of two parking spaces between the street line and the dwelling. The Committee noted the comments of the Traffic & Parking Division in which they advised that they do not support the creation of the proposed double driveway. The grade of the frontyard will create a total sight obstruction on both sides for motorists exiting the driveway, which is a hazard for pedestrian and vehicular traffic. The Committee noted the comments of the Director of Building in which he advised that a grading consultant shall confirm that the installation of the new driveway will not adversely affect the grading of this property adjacent property or the overall grading of the subdivision. Construction of a retaining wall greater than 1 m in height will require a building permit. The Committee noted the comments of the Traffic Division, Region of Waterloo, in which they advised that they do not support this request, as it would require vehicles to reverse onto Weber Street. Motorists will have their visibility obstructed to the north by the large retaining wall at the adjacent property. There is also the potential that parked vehicles will overhang or be parking on the sidewalk posing a safety hazard to ~edestrians. For these reasons, Regional staff would not approve a Regional Road Entrance Permit. A discussion then took place concerning the comments of the Region's Traffic Division and the statement that a Regional Road Entrance Permit would not be issued for this property. It was agreed by all parties that consideration of this application be deferred to the Committee of Adjustment meeting scheduled for Tuesday, November 17, 1998, in order to allow the applicant an opportunity to discuss this application with staff at the Region's Traffic Division. Submission No. A 86/98 - Clifford Trussler, 1588 Trussler Road, Kitchener, Ontario Re: Part Lots 146 & 147, German Company Tract, 1588 Trussler Road, Kitchener, Ontario. COk~ITTEE OF ADJUST1MEbIT 317 SEPTEMBER 15. 1998 APPEARANCES: IN SUPPORT: Mr. M. Trussler 1588 Trussler Road Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised the applicant is requesting permission for an accessory shed with a rearyard of 3.5 m (11.49 ft.) rather than the required 10.5 m (34.45 ft.) and a northerly sideyard of 7 m (22.97 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant has obtained conditional consent (B 58/98) to sever a portion of an existing non-farm residential lot as an addition to the adjoining farm. The subject property is a 1.2 ha (3.0 acre) lot containing a single detached dwelling. The retained lot is to be 0.8 ha (2.0 acres), with 0.4 ha (1.0 acre) to be conveyed as a lot addition to the 49 ha (121 acre) farm. The consent was approved by the Committee on June 30, 1998, subject to a condition stating, "That the owner shall obtain final approval of an Application for Minor Variance for the yard requirements for the existing shed." The sketch submitted indicates that the existing shed does not comply with the minimum side yard and minimum rear yard requirements relative to the new lot line. The proposed 7.0 m side yard and 3.5 m rear yard do not comply with the by-law requirements of 7.5 m and 10.5 m respectively. As the size of the shed (6m x 10 m) makes it impractical to relocate, and as the line of severance follows existing field edges, staff have no concern with approval of the application. The proposal meets the four tests set out in S. 45 (1) of the Planning Act. The Department of Business and Planning Services recommends approval of Submission A 86/98 The Committee noted the comments of the Traffic Division, Region of Waterloo, in which they advised that the Region of Waterloo will be assuming responsibility for Trussler Road in this area on January 1, 1999. Any access required to the proposed severed area will require a Regional Road Entrance Permit after that date. Moved by Mr. A. Galloway Seconded by Mr. S. Campbell That the application of Clifford Trussler requesting permission for an accessory shed with a rearyard of 3.5 m (11.49 ft.) rather than the required 10.5 m (34.45 ft.) and a northerly sideyard of 7 m (22.97 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lots 146 & 147, German Company Tract, 1588 Trussler Road, Kitchener, Ontario BE APPROVED. 5. Submission No. A 86/98 - Clifford Trussler, cont'd It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. COk~ITTEE OF ADJUST1MEbIT 318 SEPTEMBER 15. 1998 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 6. Submission No A 87/98 - Carl Leite, 62 Talbot Street, Kitchener, Ontario Re: Lot 193 and Part Lot 194, Registered Plan 266, 62 Talbot Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. C. Leite 62 Talbot 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 sideyard of 0.3048 m (1 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant requests a variance to construct a garage having a side yard of .3 metres (1 foot) rather than the required 1.2 metres (4 feet). The garage is intended to be located according to the submitted survey approximately 5.49 meters (18 feet) behind the house in the rear yard. The garage will be 4.88 metres (16 feet) wide and 7.32 metres (24 feet) deep and will accommodate one vehicle plus a storage area. The Department has recently reviewed the regulation for side and rear yards setbacks relative to accessory buildings, and on August 17th, Council passed By-law 98-108 to reduce the side yard and rear yard setbacks from 1.2 metres (4 feet) to 0.67 metres (2 feet) for garages and sheds in residential zones. These reduced setbacks had existed for many years under the previous Zoning By-law, 4830. In this regard, as the regulation for the setback is intended to be reduced from 1.2 metres (4 feet) to 0.67 metres (2 feet), staff are of the opinion that a 0.67 metre (2 foot) sideyard can be provided giving easy access to the building as the garage is intended to be setback 4.88 metres (18 feet) behind the existing main dwelling. The Department does not support a reduced side yard of 0.3 metres (1 foot); however, 0.67 metres (2 feet) could be supported. Accordingly, the impact of the amended variance would be considered minor as the garage would comply with the proposed new setback requirements. The proposed garage will have little impact on the abutting property as it is located several feet away from the abutting dwelling. The intent of the zoning by-law and Municipal Plan is maintained as the proposed reduced side yard would comply with the proposed new regulation. The Department of Business and Planning Services recommends approval of Submission A 87/98 only as amended to provide a side yard of 0.67 metres (2 feet). 6. Submission No A 87/98 - Carl Leite, cont'd The Committee noted the comments of the Director of Building in which he advised that there shall be no openings in a wall located less than 1.2 m from the property line and a building permit is required to construct the new garage. COk~ITTEE OF ADJUST1MEbIT 319 SEPTEMBER 15. 1998 The Committee noted the comments of the Traffic Division, Region of Waterloo, in which they advised that they have no concern with this application. A discussion took place concerning Planning staff's comments. Mr. Leite advised that a 2 ft. sideyard would reduce access from the driveway. The garage would have to be moved back a further 10 ft. to gain access from the driveway. Ms. Given stated that there would be a maintenance problem with less than a 2 ft. sideyard and often, in these circumstances, a maintenance agreement on the abutting property is required. Mr. A. Galloway stated that he would be supportive of the application if the garage was maintenance free. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Carl Leite requesting permission to construct a detached garage with a sideyard of 0.3048 m (1 ft.) rather than the required 1.2 m (4 ft.) on Lot 193 and Part Lot 194, Registered Plan 266, 62 Talbot Street, Kitchener, Ontario BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit prior to constructing the detached garage and a wall located less than 1.2 m from the property shall have no openings. 2. That all drainage from the garage shall be directed onto the owner's property. 3. That the garage walls shall be constructed of maintenance free material. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried CONSENT Submission No. B 68/98 - Habitat for Humanity (Waterloo Region), 120 Northfield Drive, Waterloo, Ontario Re: APPEARANCES: IN SUPPORT: Part Block C, Registered Plan 1246, 423 Strasburg Road, Kitchener, Ontario. Mr. A. Alandorf Cambridge Engineering & Planning 15 Cambridge Street Cambridge, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE 1. Submission No. B 68/98 - Habitat for Humanity (Waterloo Re,qion), cont'd The Committee was advised that the applicant is requesting permission to convey one semi-detached dwelling unit on a lot having a width of 8.25 m (27.07 ft.) by a depth of 36.576 m (120 ft.) and an area of COk~ITTEE OF ADJUST1MEbIT 320 SEPTEMBER 15. 1998 301.75 m2 (3,248.12 sq. ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to sever a parcel of land having a width of 8.25 metres (27.07 feet) and a depth of 36.576 metres (120 feet) and an area of 301.75 metres (3,248.12 square feet). The proposed retained lot will have a lot width of 8.81 metres (28.9 feet), a depth of 36.576 metres (120 feet) and an area of 322.23 square metres (3468.62 square feet). 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 a semi-detached dwelling was issued on June 10, 1998 which replaced the former Kitchener-Wilmot Public Utilities hydro sub-station. The dwelling unit at 423 Strasburg Road is completed and occupied while the other unit is still undergoing internal work. Both the severed and retained lots comply with all the zoning regulations. The proposal provides for the proper and orderly use of lands. The Department of Business and Planning Services recommends approval of application B-68/98 subject to the following conditions: 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. 2) 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, a paved driveway ramp, and closure of the redundant driveway on the severed and retained lands. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections or resource concern with this application. The Committee noted the comments of the Department of Planning and Culture, Region of Waterloo, in which they advised that a hydro sub-station formerly existed on this property. Hydro sub-stations can be a source of site contamination posing a risk to health and safety of future inhabitants of the site. A Record of Site Condition is not required as the site is not located within a wellfield capture zone and Regional staff do not have information indicating that previous use constitutes a health or safety concern or that there is contamination migrating off site onto neighbouring lands. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Habitat for Humanity (Waterloo Region) requesting permission to convey one semi-detached dwelling unit on a lot having a width of 8.25 m (27.07 ft.) by a depth of 36.576 m (120 ft.) and an area of 301.75 m2 (3,248.12 sq. ft.) on Part Block C, Registered Plan 1246, 423 Strasburg Road, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, a paved driveway ramp, and closure of the redundant driveway on the severed and retained lands. 1. Submission No. B 68~98 - Habitat for Humanity (Waterloo Re,qion), 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 September 15, 2000. It is the opinion of this Committee that: COk~ITTEE OF ADJUST1MEbIT 321 SEPTEMBER 15. 1998 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 69/98, B 70/98, B 71/98 & B 72/98 - 1123720 Ontario Inc., P.O. Box 574 Station C, Kitchener, Ontario Re: Part Lot 38, Municipal Compiled Plan 791, Part Lot 22, Registered Plan 384 and Part Block B, Registered Plan 886, Being Parts 1, 2, 3 & 4, Reference Plan 58R-11361, 41, 43, 45 & 47 Donley Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. U. Roetsch 284 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever four parcels of land each containing one semi-detached dwelling unit. Each lot has frontage on Donley Street. The Committee noted the comments of the Department of Business & Planning Services in which they advised that these applications are intended to create separate lots for each of four semi-detached dwelling units, to allow their independent ownership. The two lots for the semi-detached dwellings were approved in 1995 under applications B-25/95 and B-26/95 and deeds registered for each. Approval of these consent applications was conditional upon the owner making financial arrangements for the extension of proper municipal services to these lots. The proposed lots comply in all respects with the R-6 Zoning and all technical matters were previously addressed. Staff have no concern with the applications as they would complete the final subdivision of these lands. That B-69-72/98 be approved, without conditions. The Committee noted the comments of the Grand River Conservation Authority in which they advised that have no objections or resource concern with these applications. The Committee noted the comments of the Department of Planning and Culture, Region of Waterloo, in which they advised that they have no concerns with these applications. Submission No.'s B 69/98, B 70/98, B 71/98 & B 72/98 - 1123720 Ontario Inc., cont'd Submission No. B 69/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 1123720 Ontario Inc. requesting permission to convey a parcel of land having a COk~ITTEE OF ADJUST1MEbIT 322 SEPTEMBER 15. 1998 frontage on Donley Street of 7.61 m (24.94 ft.) by a depth of 32.02 m (105.05 ft.) and having an area of 242.66 m2 (2,612 sq. ft.) on Part Lot 38, Municipal Compiled Plan 791, Part Lot 22, Registered Plan 384 and Part Block B, Registered Plan 886, Being Parts 1, Reference Plan 58R-11361, 41 Donley Street, Kitchener, Ontario BE GRANTED. 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 September 15, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 70/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 1123720 Ontario Inc. requesting permission to convey a parcel of land having a frontage on Donley Street of 7.6 m (24.93 ft.) by a depth of 32.02 m (105.05 ft.) and having an area of 242.57 m2 (2,611 sq. ft.) on Part Lot 38, Municipal Compiled Plan 791, Part Lot 22, Registered Plan 384 and Part Block B, Registered Plan 886, Being Parts 2, Reference Plan 58R-11361, 43 Donley Street, Kitchener, Ontario BE GRANTED. 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 September 15, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 69/98, B 70/98, B 71/98 & B 72/98 - 1123720 Ontario Inc., cont'd Submission No. B 71/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell COk~ITTEE OF ADJUST1MEbIT 323 SEPTEMBER 15. 1998 That the application of 1123720 Ontario Inc. requesting permission to convey a parcel of land having a frontage on Donley Street of 7.62 m (25 ft.) by a depth of 32.02 m (105.05 ft.) and having an area of 243.22 m2 (2,618 sq. ft.) on Part Lot 38, Municipal Compiled Plan 791, Part Lot 22, Registered Plan 384 and Part Block B, Registered Plan 886, Being Parts 3, Reference Plan 58R-11361, 45 Donley Street, Kitchener, Ontario BE GRANTED. 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 September 15, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 72/98 Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of 1123720 Ontario Inc. requesting permission to convey a parcel of land having a frontage on Donley Street of 7.66 m (25.13 ft.) by a depth of 32.02 m (105.05 ft.) and having an area of 244.52 m2 (2,632 sq. ft.) on Part Lot 38, Municipal Compiled Plan 791, Part Lot 22, Registered Plan 384 and Part Block B, Registered Plan 886, Being Parts 4, Reference Plan 58R-11361, 47 Donley Street, Kitchener, Ontario BE GRANTED. 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 September 15, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried VALIDATION OF TITLE Submission No. VT 3/98 - Estate of John G. Meyer, 229 Heiman Street, Kitchener, Ontario The Committee was in receipt of a memorandum from Mr. G. Richardson, Planner, dated August 28, 1998 in which he advised that the information provided by the applicant's solicitor, for the land to be conveyed to the City for the road widening, was incorrect. Legal staff have recommended that the Committee pass a resolution referencing the correct parcel. VALIDATION OF TITLE, cont'd Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That condition no. 1 of VT 3~98 for 229 Heiman Street, Kitchener, be amended as follows: COk~ITTEE OF ADJUST1MEbIT 324 SEPTEMBER 15. 1998 That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a 13 ft. road widening across the front of 229 Heiman Street, specifically the land described as Part 2 on a Draft Reference Plan prepared by Douglas Ansley Ltd. as their file no. 95-7594. Carried ADJOURNMENT On Motion, the meeting adjourned at 11:00 p.m. Dated at the City of Kitchener this 15th day of September, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment