Loading...
HomeMy WebLinkAboutAdjustment - 1998-10-06COA\1998-10-06 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 6, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. W. Dahms and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Senior Planner and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 10:00 a.m. MINUTES Moved by Mr. W. Dahms Seconded by Mr. A. Galloway That the minutes of the regular meeting of the Committee of Adjustment of September 15, mailed to the members, be accepted. CONSENT Carried Submission No. B 73/98 - M. S. Custom Contractors Limited, 50 Susan Crescent, Kitchener, Ontario Re: Part Lot 119, German Company Tract, 180 Zeller Drive, Kitchener, Ontario. 1998, as The Committee was in receipt of a request from the applicant to defer consideration of this application for a period of 8 months, in order to process the subdivision application for the retained lands. The Committee agreed to defer consideration of this application to a meeting to be scheduled for June 1999. Submission No. B 74/98 - Activa Holdings Inc., 735 Bridge Street West, Waterloo, Ontario Re: Part Lot 1, Registrar's Compiled Plan 1382, Huron Road, Kitchener, Ontario. Mr. W. Dahms declared a pecuniary interest in this application, as his law firm acts for the applicant's agent and did not participate in any discussion or voting with respect to this application. Mr. A. Galloway chaired the meeting during consideration of this application and pursuant to the Municipal Conflict of Interest Act, the application was considered by the remaining two members. Mr. R. Charie Kitchener-Wilmot Hydro 301 Victoria Street South Kitchener, Ontario APPEARANCES: NONE IN SUPPORT: Mr. G. Law 591 Huron Road Kitchener, Ontario CONTRA: OTHER: WRITTEN SUBMISSIONS: IN SUPPORT: NONE COMIMITTEE OF ADJUSTMENT 326 OCTOBER 6. 1998 CONTRA: NONE 2. Submission No. B 74/98 -Activa Holdinqs Inc., cont'd The Committee was advised that the applicant is requesting permission to sever a parcel of land to be conveyed to the Kitchener-Wilmot Hydro for a hydro-electric transformer station. The lot will have a frontage on Huron Road of 136.586 m (448.11 ft.) by a depth on the easterly side of 160.272 m (525.82 ft.) and on the westerly side of 132.635 m (435.16 ft.) and having an area of 1.6729 hectares (4.134 acres). The Committee considered the comments of the Department of Business & Planning Services in which they advised that the subject lands are located on the north side of Huron Road adjacent to the Ontario Hydro right-of-way, east of Plains Road. The existing parcel is approximately 65 hectares in size and is actively farmed. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned B-2 according to Zoning By-law 85-1. The applicant is requesting consent to sever a 1.67 hectare parcel to be conveyed to Kitchener-Wilmot Hydro for use as a hydro-electric transformer station. The size of both the lands to be severed and the lands to be retained would conform to the applicable regulations of the B-2 Zone. The intended use of the lands by K-W Hydro as a transformer station would be permitted within any zone by virtue of the public service clause contained within Section 5.8 of the Zoning By-law. The development of a transformer station in this vicinity is contemplated by Section 9.11 of the Huron Community Plan. Huron Road in this location is identified in Schedule D "Roads to be Widened" of the City's Municipal Plan, as a road to be widened to an ultimate width of 26 metres. In this area, Huron Road has a current width of 23.059 as a result of a 2.94 metre road widening obtained from the lands immediately opposite the subject lands in 1987. Therefore, a widening of 2.94 metres for the both the lands to be severed and the lands to be retained is required as a condition of the approval of this Consent Application to achieve the ultimate 26 metre width. The lands to be retained will eventually be subject to zone change and draft plan of subdivision applications for residential purposes. Any compatibility issues (noise, vibration, etc.) between the proposed transformer station and future residential land uses will be addressed through the draft plan of subdivision process. The Department of Business and Planning Services recommends that Consent Application B 74/98, be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for payment of any outstanding Municipal property taxes and/or local improvement charges. That the Owner convey to the City of Kitchener, at no cost and free of encumbrance, a 2.94 metre road widening along the entire Huron Road frontage of the lands to be severed and the lands to be retained. The Committee considered the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that the lands proposed to be severed are part of a pending Plan of Subdivision. As the subject lands will not be registered with the Plan of Subdivision, Regional staff will require Regional concerns to be addressed as part of the consent approval. Specifically, the site exhibits a high potential for the recovery of archaeological remains based on the topography of the site, historic white pine stands, and the presence of forty-one registered archaeological sites in the area. The developer; therefore, will be required to have a consultant archaeologist undertake an archaeological survey of the site as a condition of consent approval. Regional staff recognize that the applicant is severing the subject parcel in order to provide for a hydro sub-station and the retained lands are to be developed through the future approval of a Plan of Subdivision. Therefore, Regional staff will require the archaeological assessment to be completed prior to final approval of the consent for the severed lands only, as the archaeological requirements can be addressed through the subdivision approval process on the retained COHHITTEE OF ADJUST1MENT 327 OCTOBER 6. 1998 lands. 2. Submission No. B 74/98 -Activa Holdinqs Inc., cont'd The Committee considered the comments of the Grand River Conservation Authority in which they advised that the Authority does not object to the application. There are no resource concerns with the proposed severed parcel. Much of the retained portion of the property has environmental sensitivity; however, concepts for development on these lands will be dealt with through the subdivision process as appropriate. The Committee considered the comments of the Director of Building in which he advised that the Building Division as no concerns or comments with respect to this application. Mr. Charie addressed the Committee and referred to the City's recommended condition no. 2, requiring a road widening along the entire Huron Road frontage of the lands to be severed and the lands to be retained. He requested that the condition apply only to the severed lands. He advised that the road widening for the retained lands can be obtained through the subdivision process. Ms. Given advised that staff would not object to this change of the condition. Mr. Law identified himself and his property which is surrounded by the future proposed subdivision, and just east of the hydro easement adjacent to the proposed severed parcel. He advised that he was concerned about the aesthetics of the transformer station and questioned why the Hydro would not put the transformer station in the industrial basin. Mr. Charie responded that Hydro is putting the transformer station in this location to serve the proposed subdivisions in the south end of the City. He said it was common to locate a transformer station next to a hydro corridor. He also noted that a transformer station in this location has been part of the community plan for years. Mr. Law again advised of his concerns about the aesthetics of the proposed sub-station and Mr. Charie gave examples of hydro sub-stations which are of similar design to the one proposed in this location. Upon questioning by the Committee, Ms. J. Given advised that the Public Service clause in the Zoning By-law requires the facility to be designed to blend in with the area. Mr. Charie noted that Mr. Law will have an opportunity to address his concerns in this regard, as there will be a public environmental assessment for this substation. Mr. Law advised that he would want to be involved with this hearing and Mr. Charie advised that he would keep Mr. Law up-to- date. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Activa Holdings Inc. requesting permission to convey a parcel of land to the Kitchener-Wilmot Hydro for a hydro electric transformer station on a lot having a frontage on Huron Road of 136.586 m (448.11 ft.) by a depth on the easterly side of 160.272 m (525.82 ft.), on the westerly side of 132.635 m (435.16 ft.) and having an area of 1.6729 hectares (4.134 acres) on Part Lot 1, Registrar's Compiled Plan 1382, Huron 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 convey to the City of Kitchener, without cost and free of encumbrance a 2.94 m road widening along the Huron Road frontage of the lands to be severed in this application. That the owner shall complete an archaeological survey on the severed lands to the satisfaction of the Regional Municipality of Waterloo. 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 October 6, 2000. C0}~]MITTEE OF ADJUST1MENT 328 OCTOBER 6. 1998 2. Submission No. B 74/98 -Activa Holdinqs Inc., cont'd It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 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 75/98 - Ivan Biuk Construction Limited, 1989 Old Mill Road, Kitchener, Ontario Re: Part 3, Reference Plan 58R-11004, 57 Daan Valley Drive, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. D. Biuk 53 Daan Valley Drive Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever two semi-detached dwelling units so that each may be dealt with separately. The unit to be severed will be on a lot having a frontage on Doon Valley Drive of 7.62 m (25 ft.) by a depth of 38.1 m (125 ft.) and having an area of 290.33 m2 (3,125 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 7.62 metres (25 feet) and a depth of 38.1 metres (125 feet) and an area of 290.3 square metres (3,125.0 square feet). The proposed retained lot will be identical to the proposed severed lot. 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 18, 1998. The building is completed and both units appear occupied. A Record of Site Condition was filed with the Chief Building Official prior to the issuance of the building permit and he was satisfied with its findings and has no outstanding concerns with respect to the site. 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 condition: 1) That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. COMHITTEE OF ADJUSTMENT 329 OCTOBER 6. 1998 3. Submission No. B 75/98 - Ivan Biuk Construction Limited, cont'd Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Ivan Biuk Construction requesting permission to convey a parcel of land having a frontage on Doon Valley Drive of 7.62 m (25 ft.) by a depth of 38.1 m (125 ft.) and having an area of 290.33 m2 (3,125 sq. ft.) on Part 3, Reference Plan 58R-11004, 57 Doon Valley Drive, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being October 6, 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 76/98 - William R. Roberts, c/o 85 Edwin Street, Ontario Part 6, 8 & 11, Reference Plan 58R-9388, Huntington Place, Kitchener, Ontario. Kitchener, APPEARANCES: IN SUPPORT: Mr. W. Farhood 510-101 Frederick Street Kitchener, Ontario CONTRA: NONE OTHER: Mr. J. Nichol 14 Gallarno Crt. Kitchener, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the land in this application is located behind the property at 715 Glasgow Street and is to be severed and added to that property. The proposed lot addition will have an area of 296.546 m2 (3,192.1 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 small parcel of land located to the rear of the vacant Huntington Place property, having an area of 296.54 square metres (3,192 square feet). The COMHITTEE OF ADJUSTMENT 330 OCTOBER 6. 1998 4. Submission No. B 76/98 - William R. Roberts, cont'd proposed severed parcel is described as Parts 6, 8 and 11 of Reference Plan 58R-9388 and is well treed. The proposed severed parcel is to be added to 715 Glasgow Street, legally described as Parts 1 - 5 of Reference Plan 58R-9388, and owned by A. Patricia Roberts, which is to be included as part of the family homestead. There is no development proposed for the severed parcel. The proposed retained parcel is described as Part 7 of Reference Plan 58R-9388 and is currently vacant with mature trees on the periphery. This parcel has a frontage of 66 feet (20.12 metres) along Huntington Place (separated by a 0.3 metre reserve) and will have a lot area of 2.212 hectares (5.465 acres). The retained parcel is intended to be sold for the development of a residential plan of subdivision containing approximately 22 single detached dwellings on a cul-de-sac. It is noted that Parts 6, 8 and 11 are ultimately intended to be consolidated with three other small parcels currently owned by the City to create a single detached lot fronting onto Gallarno Court. The severance provides for the proper and orderly development of the lands. Both the lots to be retained and severed comply with all regulations of the R-3 Zone, provided the severed lands are added to the Glasgow Street property. The Department of Business and Planning Services recommends approval of Application B 76/98 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 lands to be severed be added to the abutting lands municipally addressed as 715 Glasgow Street and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1996. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. Mr. Farhood displayed a reference plan showing the severed and retained lands along with the lands to which these will be added and explained the application. Mr. Nichol addressed the Committee and advised that he had been a resident of Gallarno Crt. for 28 years and expressed his concern as to what kind of units and how many lots would be created on the retained land. Mr. Farhood explained that the applicant is selling the lands and will not be developing them. He also advised that Mr. Nichol will be given notice through the Plan of Subdivision process and will be able to be involved with those types of issues at that time. Ms. J. Given, Senior Planner, advised that staff have had a pre-subdivision meeting with the applicant but a Plan of Subdivision Application has not yet been submitted. She noted that there would be a 400 ft. circulation of the Plan of Subdivision Application and she volunteered to have the Planner involved with the application contact Mr. Nichol directly. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of William Roberts requesting permission to convey a parcel of land having an area of 296.546 m2 (3,192.1 sq. ft.) as a lot addition to 715 Glasgow Street on Part 6, 8 & 11, Reference Plan 58R-9388, Huntington Place, 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. 4. Submission No. B 76/98 - William R. Roberts, cont'd COk~ITTEE OF ADJUST1MEbIT 331 OCTOBER 6. 1998 That the lands to be severed in this application shall be added to the abutting lands, municipally addressed as 715 Glasgow Street and title shall be taken in identical ownership as the abutting lands. Subsection 50 (3) and/or (5) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 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 October 6, 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 77~98 - Canadian National Railway Company, 277 Front Street West, 8th Floor, Toronto, Ontario Re: Part Lots 223, 225 & 226, Registered Plan 376, 185 Breithaupt Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. M. L. Flynn-Guglietti 2300-200 King Street West Toronto, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to sever a parcel of land having a frontage on Breithaupt Street of 59.15 m (194.07 ft.), having a triangular shape and having an area of 0.125 hectares, (13,455.33 sq. ft.). This land is to be severed from the railway lands to the rear. 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 to facilitate the sale of the developed portion of the lot. The land to be severed has an existing structure which is occupied by a telecommunications establishment. The land to be retained is used as a railway right-of-way. At this time, the Canadian National Railway Company is not in a position to declare the right-of-way as surplus to their needs; therefore, want to retain the right-of-way portion. The land to be severed is physically separated from the land to be retained by a grade change and they have historically functioned as separate sites. 5. Submission No. B 77~98 - Canadian National Railway Company, cont'd COHHITTEE OF ADJUST1MENT 332 OCTOBER 6. 1998 A small portion of the building is used as an office and the remainder of the building is used for storage of the transmission and switching equipment. The land to be severed can accommodate approximately 10 on-site parking spaces. Parking is only required for the office portion of the building; therefore, the on-site parking provided is sufficient. The building complies with all zoning by-law requirements. The proposed severance is not intended to facilitate development, but only to create a lot line between the two existing uses so that the lands containing the telecommunications establishment can be sold. There will be no impact on the community as a result of this severance. On this basis the Department of Business and Planning Services has no concerns. That Application B 77~98 be approved subject to the following condition: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. Ms. Flynn-Guglietti address the Committee and advised that she was in agreement with the staff comments and briefly explained the application. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of the Canadian National Railway Company requesting permission to convey a parcel of land having a frontage on Breithaupt Street of 59.15 m (194.07 ft.), having a triangular shape and having an area of 0.125 hectares, (13,455.33 sq. ft.) on Part Lots 223, 225 & 226, Registered Plan 376, 185 Breithaupt Street, Kitchener, Ontario BE GRANTED subject to the following condition: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being October 6, 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 MINOR VARIANCE UNFINISHED BUSINESS 1. Submission No. A 19/98 - 848835 Ontario Inc., 152 Shanley Street, COHHITTEE OF ADJUST1MENT 333 OCTOBER 6. 1998 Kitchener, Ontario Re: Lots 447 & 448 and Part Lot 446, Registered Plan 376, 152 Shanley Street, Kitchener, Ontario. It was noted that no one appeared in support of this application. The Committee members questioned the Secretary as to whether notice had been given to the owner that this application would be considered this date and the Secretary advised that notice had been given. Ms. J. Given, Senior Planner, advised that Planning staff have tried three times recently to get in touch with the owner and have not been able to do so. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell "That, the owner having been given Notice of this meeting and, as no one appeared in support of this application, Submission No. A 19/98 is considered abandoned and is thereby dismissed." Carried CONSENT UNFINISHED BUSINESS Submission No.'s B 118/97 & B 119/97 - 1148386 Ontario Inc., 374 Hamilton Road, P.O. Box 580, New Hamburg, Ontario Re: Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 & 5, Municipal Compiled Plan 1022, 245 Strasburg Road, Kitchener, Ontario. APPEARANCES: IN SUPPORT: NONE CONTRA: Mr. J. Doherty c/o Gowling 50 Queen Street North Kitchener, Ontario Mr. R. Cheeseman 3730-161 Bay Street Toronto, Ontario WRITTEN SUBMISSIONS: IN SUPPORT: Mr. R. Cheeseman 3730-161 Bay Street Toronto, Ontario CONTRA: NONE Messrs. Cheeseman and Doherty addressed the Committee advising that the people they represent have maintained their opposition throughout this matter and advised that the applications are premature. They requested to be kept informed as to how these applications will proceed. Ms. J. Given, Senior Planner, recommended deferral of these applications for a period of one year, as this property is before the Ontario Municipal Board. 1. Submission No.'s B 118/97 & B 119/97 - 1148386 Ontario Inc., cont'd COHHITTEE OF ADJUST1MENT 334 OCTOBER 6. 1998 The Committee was in agreement to the deferral of this application to a meeting to be scheduled in October 1999. Mr. Doherty asked to be provided with 30 days notice of the October 1999 hearing. Submission No. B 128/97 - Reinhold Dresler, In Trust, 165 Albert Street, Waterloo, Ontario Re: Part Lot 49, Registered Plan 393, 112 St. George Street, Kitchener, Ontario. It was noted that no one appeared in support of this application. The Chairman questioned the Secretary as to whether notice had been given to the owner that the matter would be considered this date and the Secretary confirmed that such notice had been given. Ms. J. Given advised that staff has had some discussions with the owner concerning an Official Plan Amendment and Zone Change for the property but the application forms have not been submitted. It was also noted that this was the second deferral of this application. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway "That, the owner having been given Notice of this meeting and, as no one has appeared in support of this application, Submission No. B 128/97 is considered abandoned and is thereby dismissed." Carried CHANGE OF CONDITIONS APPLICATION Submission No. C 13/98 - Honsberger Lumber Inc., 57 Bridge Street East, Kitchener, Ontario Re: Part of Part 3, Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. D. Honsberger 202 Perth Avenue New Hamburg, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting a change to conditions 6 & 8 of Provisional Consent B 82/97 as follows: Condition No. 6 - Rather than the owner constructing the extension to Stewart Street; the request is to change the condition to require the owner to make satisfactory financial arrangements with the City of Kitchener to have the City construct the extension to Street. Condition No. 8 - Rather than the requiring site plan approval for the severed and retained lands the request is to require site plan approval for the severed lands only. COk~ITTEE OF ADJUST1MEbIT 335 OCTOBER 6. 1998 1. Submission No. C 13/98 - Honsberqer Lumber Inc., cont'd The Committee noted the comments of the Department of Business & Planning Services in which they advised that Application B-82/97 was approved with conditions by the Committee of Adjustment on October 7, 1997, to allow the conveyance of a portion of the former Honsberger Lumber property. The severed lands would have access onto the future extension of Stewart Street. Several conditions formed part of the approval dealing with such matters as compliance with Orders to Comply, the construction and opening of the extension of Stewart Street, and the submission of site plans for the uses which existed at the time the approval was granted. This application comes before the Committee, not to change the nature of the proposed severance in any way, but to make minor changes to two of the conditions imposed by the Committee which are more clear if reworded, or not appropriate as approved due to changes in circumstances. The first condition for which a change is requested is Condition 6, which requires the owner to construct the Stewart Street extension and obligates the owner to make arrangements for the opening of the street as "public highway." What was intended by this is actually that the owner make financial arrangements with the City for its construction and the City will arrange to have the road open by By-law. The Condition is also revised so that the owner is fully aware that any money paid to the City to undertake the road works is not refundable, even if the owner does not proceed to endorse the deed. The wording of this condition is recommended to be changed accordingly. This change in no way eliminates the need for the road to be open by By-law before the deed is endorsed (Condition 7), which is required in order to comply with the Zoning By-law. The second requested change is to Condition 8 in which site plan approval is required prior to deed endorsement for both the severed and retained lands. At the time this consent was considered, uses occupied buildings on both the severed and retained lands and were creating several neighbourhood concerns relative to parking and the need for appropriate screening. Since that time, the use on the retained lands has moved and the buildings are vacant. It is therefore not appropriate to require site plan approval for these lands. The requirement for a site plan on the lands to be severed remains, as the building is occupied by an auto repair business without having received site plan approval. The revised conditions in no way change the intent of the original approval but clarify the required approvals and the process to obtain them. All other conditions remain requirements; several have already been satisfied. That C 13/98 requesting permission to change conditions 6 and 8 of Provisional Consent B-82/97 be recommended so that each condition will be revised to read as follows: "That the Owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the construction of Stewart Street from its present terminus to the easterly limit of the severed lands, to full municipal services, including the installation of sanitary sewers, watermains, storm drains and paved driveway ramps, all to the satisfaction of the City's General Manager of Public Works. Further, that the Owner enter into an agreement with the City to the satisfaction of the City Solicitor, acknowledging that any money paid to the City of Kitchener for road construction is non- refundable, whether or not the Owner proceeds to endorse the deeds for Consent Application B- 82/97." "That a site plan application be submitted affecting the lands to be severed and final approval be obtained under Section 41 of the Planning Act." 1. Submission No. C 13/98 - Honsberqer Lumber Inc., cont'd The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections or concerns with this application. COHHITTEE OF ADJUST1MENT 336 OCTOBER 6. 1998 The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. Mr. Honsberger advised that he had read the staff reports and is agreement with them. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Honsberger Lumber Inc. requesting permission to change the conditions of Provisional Consent B 82/97 on Part of Part 3, Reference Plan 58R-5837, 10 Stewart Street, Kitchener, Ontario BE GRANTED so that only the following conditions shall apply to Submission No. B 82/97: That the owner shall obtain a Regional Road Entrance Permit for the closure of the Park Street access. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance a strip of land approximately 25 ft. wide and 136 ft. long, which is required to complete the extension of Stewart Street from its present terminus to the easterly limit of the property. The owner shall also make arrangements for the conveyance of a parcel of land, approximately 15 ft. wide and 136 ft. long, from the abutting property owner, in order to achieve the full right-of-way for a public road, all to the satisfaction of the City's General Manager of Public Works. That the owner shall demolish the most easterly metal clad building on the retained lands, to the satisfaction of the City's Chief Building Official. That all the requirements set out in Order to Remedy Unsafe Condition, dated October 3, 1997 (Order No. 554) and the Order Prohibiting Occupancy dated October 3, 1997 (Order No. 555) relative to 10 Stewart Street, shall be met to the satisfaction of the City's Chief Building Official. That the owner shall make satisfactory financial arrangements with the City's General Manager of Public Works for the construction of Stewart Street from its present terminus to the easterly limit of the severed lands to full municipal services, including the installation of sanitary sewers, watermains, storm drains and paved driveway ramps, all to the satisfaction of the City's General Manager of Public Works. Further, that the owner shall enter into an agreement with the City of Kitchener to the satisfaction of the City Solicitor acknowledging that any money paid to the City of Kitchener for road construction is non-refundable, whether or not the owner proceeds to endorse the deeds for Consent Application B 82/97. That the extension of Stewart Street, from its present terminus to the easterly limit of the severed lands, shall be opened by a by-law as a "Public Highway". That a Site Plan Application shall be submitted affecting the lands to be severed and final approval shall be obtained under Section 41 of the Planning Act. 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. 1. Submission No. C 13/98 - Honsberqer Lumber Inc., 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 October 6, 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. COHHITTEE OF ADJUST1MENT 337 OCTOBER 6. 1998 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 ADJOURNMENT On Motion, the meeting adjourned at 10:40 p.m. Dated at the City of Kitchener this 6th day of October, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment