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HomeMy WebLinkAboutAdjustment - 1998-11-17COA\1998-11-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 17, 1998 MEMBERS PRESENT: Messrs. W. Dahms, S. Kay and P. Kruse. OFFICIALS PRESENT: Mr. J. Willmer, Intermediate Planner, Ms. S. Rice and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 9:30 a.m. MINUTES Moved by Mr. W. Dahms Seconded by Mr. P. Kruse That the minutes of the regular meeting of the Committee of Adjustment of October 27, 1998, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario Re: Part 1, Reference Plan 58R-10623, 81 Activa Avenue, Part 68, Reference Plan 58R-10623, 70 Activa Avenue and Part 38, Reference Plan 58R-10623, 5 Activa Avenue and Part 38, Reference Plan 58R-10906, 31 Hackberry Street, Kitchener, Ontario and Part 39, Reference Plan 58R- 10623, 175 Grey Fox Drive and Part 47, Reference Plan 58R-10622, 54 Bush Clover Crescent and Part 48, Reference Plan 58R-10622, 36 Bush Clover Crescent, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Ms. S. Xeni 735 Bridge Street West Waterloo, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that in Submission No. A 89/98 the applicant is requesting legalization as of a corner lot width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) from the intersection rather than the required 12 m (40 ft.). The Committee was advised that in Submission No. A 90/98 the applicant is requesting legalization of a corner lot having a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.); permission to locate the driveway 7.5 m (24.61 ft.) from the intersection rather than the required 12 m (40 ft.) and permission for a rearyard of 6.14 m (20.15 ft.) rather than the required 7.5 m (24.61 ft.). The Committee was advised that in Submission No. A 91/98 the applicant is requesting legalization of a corner lot having a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.); permission to locate the driveway 7.26 m (23.82 ft.) from the intersection rather than the required 12 m (40 ft.) and permission for a setback on the flanking side of 3.64 m (11.95 ft.) rather than the required 4.5 m (14.77 COMMITTEE OF ADJUSTMENT 346 NOVEMBER 17, 1998 Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario, cont'd The Committee was advised that in Submission No. A 92/98 the applicant is requesting permission (1 to construct a single family dwelling with a setback on the flanking side of 3.46 m (11.36 ft.) rather than the required 4.5 m (14.77 ft.). The Committee was advised that in Submission No. A 93/98 the applicant is requesting permission to construct a single family dwelling with an easterly sideyard, at the rear corner, of 0.62 m (2.04 ft.) rather than the required 1.2 m (4 ft.). The Committee was advised that in Submission No. A 94/98 the applicant is requesting legalization of a corner lot having a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.) and permission to locate the driveway 7.85 m (25.76 ft.) from the intersection rather than the required 12 m (40 ft.). The Committee was advised that in Submission No. A 95/98 the applicant is requesting legalization of a corner lot having a width of 12.5 m (41.01 ft.) rather than the required 15 m (49.22 ft.); permission for single family dwelling having a setback on the flanking side of 4 m (13.13 ft.) rather than the required 4.5 m (14.77 ft.) and permission for the driveway to be setback 8.38 m (27.5 ft.) from the intersection rather than the required 12 m (40 ft). The Committee considered the comments of the Department of Business & Planning Services, with respect to Submission No.'s A 89/98, A 90/98, A 91/98, A 94/98 and A 95/98 in which they advised that all of the lots affected by the subject applications are undeveloped corner lots located within the Laurentian Forest subdivision in the Laurentian West community. The lands are designated Low Rise Residential by the City's Municipal Plan and are zoned R-4 according to Zoning By-law 85-1. The subject lots are part of a group of 19 undersized lots created in 1997 and subsequently legalized by way of Minor Variance application. The plan of subdivision was draft approved on March 21, 1996 with a number of "lotless blocks". The purpose of the Iotless blocks is to allow the developer to re-subdivide those blocks into individual lots at a later date in order to better respond to customer demand in terms of dwelling type and lot size. The re-subdivision of the Iotless blocks into individual lots would occur via the Part Lot Control process after the plan has been registered, in accordance with the regulations of the Zoning By-law. In order to reduce the timing between plan registration and the sale of lots to the ultimate consumer, the developer "pre-serviced" the subdivision in accordance with City Council policy. In this particular instance, engineering drawings for all underground services were prepared based on the land surveyor's interpretation of the maximum number of lots able to be created under the zoning regulations. The engineering drawings were then submitted to and approved by the City's Public Works Department and subsequently, all underground services were installed. Upon submission of the Part Lot Control application, the Business and Planning Services Department determined that the surveyor had mis-interpreted the requirements for minimum corner lot width and lot area. However, since the underground services had been installed with prior City approval, Minor Variance applications were supported and approved by the Committee of Adjustment to legalize the deficient corner lots. The subdivision process has since been changed to ensure this situation is not repeated. On February 4, 1997, the Committee of Adjustment approved a number of Minor Variance applications to reduce the minimum corner lot widths for the subject lots. Accordingly, Minor Variance applications A 89/98, A 90/98, A 91/98, A 94/98 and A 95/98 should be revised to delete the request to reduce the minimum corner lot width to 12.5 metres. Most of the original 19 undersized corner lots have now been developed, many with additional Minor Variance approvals to reduce the required distance between a driveway and an intersection. With these COMMITTEE OF ADJUSTMENT 347 NOVEMBER 17, 1998 last corner lots about to be built upon, it has been determined that the configuration of each lot is also such that Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario, cont'd an attached garage cannot be provided on the flanking side in accordance with the minimum side yard and required parking space setback requirements of the Zoning By-law. Accordingly, the applicant has requested the following minor variances: Application Address Requested Minor Variance A89/98 81 ActivaAvenue - reduction in minimum distance between driveway and intersection from 12.0 metres to 9.08 metres A 90/98 70 Activa Avenue reduction in minimum distance between driveway and intersection from 12.0 metres to 7.5 metres and reduction in minimum rear yard from 7.5 metres to 6.14 metres A 91/98 5 Activa Avenue reduction in minimum distance between driveway and intersection from 12.0 metres to 7.26 metres and reduction of minimum side yard abutting a street from 4.5 metres to 3.64 metres A 94/98 54 Bush Clover reduction in minimum distance between driveway Crescent and intersection from 12.0 metres to 7.85 metres A 95/98 36 Bush Clover reduction in minimum distance between driveway Crescent and intersection from 12.0 metres to 8.38 metres and reduction of minimum side yard abutting a street from 4.5 metres to 4.0 metres The Department of Business and Planning Services normally does not support reductions in the distance between the driveway and the intersection if it is possible to comply with the Zoning By-law by revising the house plan and providing a driveway on the flanking side. However, in these instances, the lot widths are such that they do not provide sufficient depth to provide an attached garage on the flanking side in accordance with the minimum side yard and required parking space setback requirements of the Zoning By-law. In order to comply with the Zoning By-law, the proposed houses must either be constructed without attached garages or minor variances must be approved to permit a reduction in the required parking space setback. Since all houses in the subdivision have been constructed with attached garages, it would be both out of character for the area and difficult to market the new homes if these corner lots were to be constructed without garages. In addition, a reduction in the setback of the required parking space from the street line would result in a driveway with insufficient length to accommodate off-street parking for a second vehicle, which could have significant implications on the existing streetscape due to lack of parking opportunities. The shape and width of two of the existing lots is also such that they do not provide sufficient depth for reasonably sized dwellings to be constructed without encroaching into the required side yard abutting a street. With the requested minor variance to reduce the minimum side yard abutting a street, the proposed dwellings would still be set back sufficiently from the streetline and would have little, if any, impact on the existing streetscape of the subdivision. For the reasons set out above, the proposed minor variances can be considered to maintain the general intent of both the Municipal Plan and the Zoning By-law, to be minor in nature, and appropriate for the development of the subject lands. The Department of Business Planning Services recommends approval of Minor Variance Applications A 89/98, A 90/98, A 91/98, A 94/98 and A 95/98, as revised to delete the requested minor variance with COMMITTEE OF ADJUSTMENT 348 NOVEMBER 17, 1998 respect to the minimum corner lot width. Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario, cont'd The Committee noted the comments of the Department of Business & Planning Services, with respect to Submission No. A 92/98, in which they advised that the subject lands are an undeveloped corner lot located within the Laurentian Forest subdivision in the Laurentian West community. The lands are designated Low Rise Residential by the City's Municipal Plan and are zoned R-4 according to Zoning By- law 85-1. The applicant is requesting a minor variance to reduce the required side yard abutting a street from 4.5 metres to 3.46 metres. While the subject lot meets the Zoning By-law regulations in terms of lot width and lot area, the configuration is such that the depth of the lot along the flanking side is too narrow to allow for a workable house width if the side yard abutting a street requirement is met. The applicants wish to build a house with a width of 6.1 metres (20') whereas to comply, the dwelling would have to have a width of only 5 metres (16.4'), resulting in a floor plan which is not marketable. With the requested minor variance to reduce the minimum side yard abutting a street, the proposed dwellings would still be set back sufficiently from the streetline and would have little, if any, impact on the existing streetscape of the subdivision. Accordingly, the proposed minor variance can be considered to maintain the general intent of both the Municipal Plan and the Zoning By-law, to be minor in nature, and appropriate for the development of the subject lands. The Department of Business and Planning Services recommends approval of Minor Variance Applications A 92/98. The Committee also reviewed the comments of the Department of Business & Planning Services with respect to Submission No. A 93/98, in which they advised that the subject lot is an undeveloped lot located on Grey Fox Drive within the Laurentian Forest subdivision. The lands are designated Low Rise Residential by the City's Municipal Plan and are zoned R-4 according to Zoning By-law 85-1. The applicants are requesting a minor variance to reduce the required left side yard setback from 1.2 metres to 0.62 metres. The dimensions of the lot are such that the 9.3 metre frontage tapers to approximately 7.2 metres at the rear of the lot. The result is that a reasonably sized dwelling with a width of 6.1 metres (20') cannot be located on the lot without encroaching into to side yard. In order to comply with the required side yard setback, the proposed dwelling would have to be stepped at the rear, providing an extremely narrow width. The proposed reduction in side yard would still provide for an appropriate separation between dwellings and would allow sufficient room for rear yard access and maintenance. Accordingly, the proposed minor variance can be considered to maintain the general intent of both the Municipal Plan and the Zoning By- law, to be minor in nature, and appropriate for the development of the subject lands. However, it should be noted that due to Ontario Building Code requirements, no windows will be able to provided along the section of the dwelling where the side yard is less than 1.2 metres. The Department of Business and Planning Services recommends approval of Minor Variance Applications A 93/98. The Committee noted the comments of the Engineering Department, Transportation Division, Region of Waterloo, in which they advised that they have no concerns with these applications. The Committee noted the comments of the Director of Building, with respect to Submission No. A 93/98, in which he advised that there shall be no openings in a wall located less than 1.2 m to the property line and the wall shall have a 45 minute fire resistance rating. The Committee noted the comments of the Traffic & Parking Division, with respect to Submission No.'s A 89/98, A 90/98, A 91/98, A 94/98 and 95/98 in which they advised that they do not support the proposed reductions in the setback of driveways from intersections. This condition can create potential traffic COMMITTEE OF ADJUSTMENT 349 NOVEMBER 17, 1998 operating problems, particularly on a collector road where traffic activity is typically higher. It is recommended that the driveway locations be revised to meet the by-law requirements for each of the subject applications. Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario, cont'd Mr. W. Dahms invited Ms. Xeni to make submissions based on the staff comments. She advised that these problems occurred at the development stage when the lots were created and she had no idea how the lots were created without meeting the by-law requirements. She advised that she met with the surveyor to create the smallest possible building envelope for these lots and these are the smallest houses that could possibly be built on the lots. Mr. Dahms then questioned whether the variances are created because there are garages and Ms. Xeni responded that these houses could not be developed without garages because the market wouldn't buy them. She noted that even without the garage they would still have driveway location problems. Mr. S. Kay stated that he was sympathetic with the applicant but referred to the Department of Business and Planning Services' comments. He stated that he was not sure that he was prepared to fix everyones mistakes if it was not good planning. He also questioned whether staff were bending a bit too far. Mr. J. Willmer advised the Committee that if the applicant would put the driveway on the flanking side they would comply with the by-law. He stated that issue is the attached garages which is a marketing issue as well as a planning issue. Mr. W. Dahms questioned staff as to what degree they felt that the houses would be out of character without garages and Mr. Willmer responded that it is not unusual to have corner lots treated differently than the interior lots. He stated that an argument could be made on either side of the situation. Mr. W. Dahms stated that one of the Committee's considerations is safety and impact on the neighbourhood and they have heard any convincing arguments from the applicant to address the traffic concerns. Mr. S. Kay referred to the traffic comments stating that all of the driveway variances create a problem and difficulty in marketing is not a planning concept. Mr. P. Kruse questioned whether the applicant wanted a further deferral to discuss the situation with the Traffic & Parking Division. The Committee agreed to defer consideration of Submissions A 89/98, A 90/98, A 91/98, A 94/98 and A 95/98 to its meeting to be held on Tuesday December 8, 1998 to allow the applicant an opportunity to discuss this matter with staff of the Traffic & Parking Division. The Committee also agreed to amend those submissions to delete the request for lot width variances, as those variances have already been approved under other applications. Submission No. A 92/98 Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting permission to construct a single family dwelling with a minimum sideyard abutting a street of 3.46 m (11.36 ft.) rather than the required 4.5 m (14.77 ft.) on Part Block 4, Registered Plan 58M-19, Being Part 38, Reference Plan 58R-10906, 31 Hackberry Street, 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. COMMITTEE OF ADJUSTMENT 350 NOVEMBER 17, 1998 Carried Submission No. A 89/98 - A 95/98 - Activa Holdings Inc. 735 Bridge Street West, Waterloo, Ontario, cont'd Submission No. A 93/98 Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting permission to construct a single family dwelling with an easterly sideyard, at the rear corner, of 0.62 m (2.04 ft.) rather than the required 1.2 m (4 ft.) on Part Block 17, Registered Plan 58M-15, Being Part 39, Reference Plan 58R-10623, 175 Grey Fox Drive, Kitchener, Ontario BE APPROVED subject to the following condition: That there shall be no openings in a wall located less than 1.2 m to the property line with the wall having a 45 minute fire resistance rating. 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 85/98 - Mary Sellner & Margaret Sellner, 357 Weber Street West, Kitchener, Ontario. Re: Lot 8, Registered Plan 373, 357 Weber Street West, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. J. Maziarz cio Sharp Realty Ltd. 420 Erb Street West Waterloo ON CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that 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 b 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.). Mr. Maziarz provided copies of a written submission to each member of the Committee, which was his letter to Mr. B. Erb, Engineering Department, Region of Waterloo, along with a revised proposal for a new driveway on this property. COMMITTEE OF ADJUSTMENT 351 NOVEMBER 17, 1998 The Committee was in receipt of reports from Mr. B. Erb, Transportation Division, Engineering Department, Region of Waterloo, one dated September 29, 1998 and the second dated November 13, 1998. In Mr. Erb's report of September 29, 1998, he notes that he would like to advise of the change in the road allowance widening which the Region would require from this property. The original road allowance width for Weber Street in this area is 40 ft.; however, it appears previous road Submission No. A 85/98 - Mary Sellner & Margaret Sellner, 357 Weber Street West, Kitchener, Ontario, cont'd widening has occurred and that the existing road allowance width is approximately 50 ft. As a result, with the designated road allowance width being 86 ft., the Region would require an 18 ft. road widening and not the previously indicated 23 ft. He noted that the exact amount of road widening which the Region will require from this property will have to be determined from an Ontario Land Surveyor. In his report dated November 13, 1998, Mr. Erb advised that he is still awaiting a design plan from the real estate agent representing the owner, indicating how the frontage of this property will be revised so that sufficient visibility for vehicles reversing out of the property can be achieved. He advised that he met with the agent and the owner on October 2, 1998, at which point he indicated that he would consider permitting an access to Weber Street at this location if they could demonstrate that safe visibility could be achieved by vehicles reversing out of the proposed driveway. The agent indicated that he would prepare a plan showing how the frontage would be excavated to allow safe visibility; however, to date he has not heard back from the agent. Mr. Maziarz then referred to his written submission and plans proposing that the retaining walls be removed so that they would not present an obstacle. Mr. Maziarz further discussed his proposal which he had just submitted to the Region. Mr. Maziarz also discussed grading and retaining walls for the driveway and for the neighbour. He stated that he also wanted to ask for approval of an increase in the grade/slope of the driveway. A brief discussion took place regarding why parking had never existed on the site previously. Mr. P. Kruse stated that he would be uncomfortable approving an application without Mr. Erb's comments. Mr. Maziarz noted that he now only needs grading in the front approved because the parking will be moved to the rearyard. Mr. J. Willmer advised the Committee that if the applicant can comply with the parking, the retaining walls and grading are not the Zoning By-law requirements. He noted that the applicant may not need to come back to this Committee at all. It was generally agreed that the consideration of this application be deferred to the Committee of Adjustment meeting scheduled for Tuesday December 8, 1998. Submission No. A 98/98 - Harold Prell, 49 Bingeman Street, Kitchener, Ontario Re: Part Lots 29 & 30, Registered Plan 414, 49 Bingeman Street, Kitchener, Ontario. Mr. W. Dahms declared a pecuniary interest in this application as his law firm acts for the applicant and did not participate in any discussion or voting with respect to this application. Mr. S. Kay 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. APPEARANCES: IN SUPPORT: Mr. H. Prell 49 Bingeman Street Kitchener ON Mr. A. Way Jamesway Construction 201-274 Shirley Avenue COMMITTEE OF ADJUSTMENT 352 NOVEMBER 17, 1998 Kitchener ON Ms. G. Udit 52 Bingeman Street Kitchener ON Mr. M. Bodak 43 Bingeman Street Kitchener ON CONTRA: NONE Submission No. A 98/98 - Harold Prell, 49 Bingeman Street, Kitchener, Ontario, cont'd WRITTEN SUBMISSIONS: IN SUPPORT: Mr. & Mrs. R. Kibble 53 Bingeman Street Kitchener ON CONTRA: NONE The Committee was advised that the applicant is requesting permission to construct a 3 storey addition to the rear of the existing dwelling to have a height of 11.75 m (38.55 ft.) rather than the permitted 10.5 m (34.45 ft.) The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting a variance to the maximum building height from 10.5 metres to 11.75 metres for the purpose of constructing a rear yard addition to a single detached dwelling. The drawings submitted with the application identify the proposed building height as 11.8 metres. The application should be amended to reflect this. The existing dwelling has a building height of 10.5 metres, which is measured to the highest point on the building. The 11.8 metre building height is to facilitate the full utilization of a third floor level. Without the additional height, 33% of the floor area of the third level is unusable space. The proposed addition represents a significant building addition, which complies with the zoning by-law in all other respects. The impact of the additional 1.3 metres in building height is minor as only a relatively small area of the addition would be built to this height, and the proposed addition is to the rear of the existing dwelling. The exterior of the existing building is currently being upgraded to match the proposed rear yard addition. The proposed addition is a substantial investment which will reflect positively on the surrounding neighbourhood and is therefore desirable for the appropriate use of the property. The intent of the maximum building height regulation in the zoning by-law is to restrict buildings to a maximum of three storeys, which is being maintained in this instance. However, the intent of the Low Rise Conservation 'A' designation in the Secondary Plan is to preserve the scale, use and intensity of existing development. The surrounding dwellings in the area are generally less than 10.5 metres in height. The proposal to increase the height by 1.3 metres will not be in keeping with the scale of the surrounding area. In this regard, the general intent and purpose of the Municipal Plan would not be maintained. Since one of the four tests of the Planning Act is not met, staff recommends refusal of Minor Variance Application A 98/98. The Department of Planning and Development recommends refusal of Submission A 98/98. The Committee noted the comments of the Transportation Division, Engineering Department, Region of Waterloo, in which they advised that they have 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 new addition. Mr. Prell addressed the Committee advising that he has owned this property with his wife since 1990. He advised that they have been doing renovations and now they want to construct an addition. He advised COMMITTEE OF ADJUSTMENT 353 NOVEMBER 17, 1998 of the extent of the addition and a need for it. Mr. Prell then showed photographs of the existing situation. He noted that two of his neighbours have attended the meeting this date in support and he provided the Committee with a written letter of support from Mr. & Mrs. Kibble, 53 Bingeman Street, Kitchener, Ontario. Mr. Prell advised the Committee that, in order to keep with the neighbourhood, he would like to keep the 45° angle of the roof and advised that drawings of a flatten roof addition have been prepared in order to keep within the permitted height in the Zoning By-law. Both Ms. J. Udit and Mr. M. Bodak, neighbours of the subject property, spoke in support of the application. Submission No. A 98/98 - Harold Prell, 49 Bingeman Street, Kitchener, Ontario, cont'd Mr. J. Willmer advised the Committee that the staff comments are positive to the regeneration of the area; however, they feel that the application does not meet one of the four tests of the Planning Act. He also noted that the scale of the proposal is quite different from the scale of the existing development. Mr. P. Kruse advised that he understood what staff is suggesting and considering the area, considering what is going on in the area and considering that the neighbours are here in support of the application, he moved approval of the application. Mr. S. Kay also advised that, given the support of the neighbours, he would be inclined to approve the application. Moved by Mr. P. Kruse Seconded by Mr. S. Kay That the application of Harold Prell requesting permission to construct a three storey addition to the rear of the existing dwelling to have a height of 11.8 m (38.72 ft.) rather than the permitted 10.5 m (34.45 ft.) on Part Lots 29 & 30, Registered Plan 414, 49 Bingeman Street, 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 CONSENT APPEARANCES: IN SUPPORT: Submission No. B 79/98 - William & Verna Doucet, 70 Catherine Street, New Hamburq, Ontario Part Lots 14 & 15, Registered Plan 577, 19-19A Horning Drive, Kitchener, Ontario. CONTRA: WRITTEN SUBMISSIONS: IN SUPPORT: Ms. V. Doucet 70 Catherine Street New Hamburg ON NONE NONE CONTRA: NONE COMMITTEE OF ADJUSTMENT 354 NOVEMBER 17, 1998 The Committee was advised that the applicants are requesting permission to convey a parcel of land, having an "L" shape, having a frontage on Horning Drive of 15.24 m (50 ft.) and an area of approximately 1,146.86 m2 (12,345.06 sq. ft.). The existing and proposed use of the property is a single family dwelling. The Committee noted the comments of the Department of Business & Planning Services in which they advised that there are two dwellings on the subject property. The requested severance would establish a separate lot for each dwelling. No new development is proposed. The property is within the floodway of the Grand River and is therefore designated as Open Space in the City's official plan. The property is zoned E-l, permitting both dwellings as legally existing uses. 1. Submission No. B 79/98 - William & Verna Doucet, 70 Catherine Street, New Hamburq, Ontario, cont'd Planning staff support the requested consent as it complies with the official plan, it is compatible with adjacent land use, and it does not substantially increase development potential; however, approval is not recommended at this time as a variance is required. The E-1 Zone regulation for minimum lot width requires that lot width existing on the date that the E-1 Zone was applied to the land (i.e. October 11, 1994). The intent of the regulation is to prevent the creation of new vacant lots. Staff have no concerns with approval of such a variance as the intent of the by-law is maintained, and the proposed lot width is compatible with lots in the vicinity. The Department of Business & Planning Services recommends deferral of Submission B 79/98 to the meeting of November 17, 1998, to allow for consideration of a minor variance application. The Committee noted the comments of the Director of Building in which he advised that he has no concerns or comments with respect to this application. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that staff have reviewed the application and have no concerns. The Committee noted the comments of the Grand River Conservation Authority in which they advised that, although the proposed severed and retained parcel lie entirely within the regulatory flood plain for the Grand River, the Grand River Conservation Authority does not object to the approval of the severance application. Although a new lot is being created, the residential development of single residences already exists on both parcels. The Committee noted the comments of the Kitchener-Wilmot Hydro in which they requested that two conditions be imposed in the granting of this application. They ask that the applicant make satisfactory arrangements with them for the provision of separate electrical servicing to the retained lands and the lands to be severed. They also ask that the applicant make arrangements for the granting of any easements required by the Kitchener-Wilmot Hydro. It was noted that a Minor Variance Application A 100/98 would not be considered by the Committee until its meeting of Tuesday December 8, 1998. The Chairman referred to the comments of the Kitchener-Wilmot Hydro and Ms. Doucet advised that she has already spoken with Hydro staff, understands their request and is in agreement with it. Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of William & Verna Doucet requesting permission to convey a parcel of land having a frontage on Horning Drive of 15.24 m (50 ft.) and an area of approximately 1,146.86 m2 (12,345.06 sq. ft.) on Part Lots 14 & 15, Registered Plan 577, 19-19A Horning Drive, Kitchener, Ontario BE GRANTED subject to the following conditions: That the owner shall make satisfactory arrangements with the Kitchener-Wilmot Hydro for the provision of separate electrical servicing to the lands to be retained and to the lands to be severed. 2. That the owners shall make arrangements for the granting of any easements required by the COMMITTEE OF ADJUSTMENT 355 NOVEMBER 17, 1998 Kitchener-Wilmot Hydro. That the owners shall obtain final approval of an Application for Minor Variance for the lot widths on both the severed and retained lands. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a 2.904 m road widening along the property's entire Horning Drive frontage. Submission No. B 79/98 - William & Verna Doucet, 70 Catherine Street, New Hamburq, Ontario, cont'd That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation of all new service connections to the severed lands. That the owner shall make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping, including street trees on the severed lands and retained lands and a paved driveway ramp on the severed lands. 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 November 17, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No.'s B 60/98 - B 65/98 - 1058788 Inc., 21 Second Avenue, Kitchener, Ontario Re: Block H, Registered Plan 1246, 170 Kingswood Drive, Kitchener, Ontario. Mr. P. Kruse declared a pecuniary interest in this application as is law firm has acted for the applicant, Kah-Wal Homes, and did not participate in any discussion or voting with respect to this application. Pursuant to the Municipal Conflict of Interest Act, this application was considered by the remaining two members. APPEARANCES: IN SUPPORT: Mr. R. Walters Kah-Wal Homes 3328 King Street East Kitchener ON CONTRA: NONE WRITTEN SUBMISSIONS: COMMITTEE OF ADJUSTMENT 356 NOVEMBER 17, 1998 IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to divide this land into seven lots to construct seven freehold townhouse units. The lot at the corner of Kingswood Drive and Alpine Road will have a width along Kingswood Drive of 14 m (45.94 ft.) the lot farthest from Alpine Road will have a width of 7.94 m (26.05 ft.) and the five middle lots will have widths of 5.94 m (19.49 ft.). The Committee was not in receipt of revised comments from the Department of Planning & Development and those which were before them were dated July 22, 1998, recommending deferral of these applications to a future meeting. Submission No.'s B 60/98 - B 65/98 - 1058788 Inc., 21 Second Avenue, Kitchener, Ontario, cont'd The Committee noted the comments of the Department of Planning & Culture, Regional Municipality of Waterloo in which they advised that they have no objections to these applications. The Committee noted the comments from the Kitchener-Wilmot Hydro, dated July 23, 1998, requesting that the applicant make satisfactory arrangements with Hydro for the provision of electrical servicing to the lands to be severed. Mr. Walters addressed the Committee and advised that Kah-Wal Homes is now the applicant in these applications. He advised that they have constructed 172, 174 & 176 Kingwood Drive. Mr. Walters then submitted a sketch from his surveyor, Eric Reub, for the severance of the first three lots. He requested that the Committee consider Submission No.'s B 60/98, B 61/98 and B 62/98 and that B 63/98 - B 65/98 be deferred until April 1999. It was noted that the dimensions on the sketch submitted by Mr. Walters at the meeting were different than those submitted with the application. Mr. J. Willmer verbally recommended approval of the application subject to the payment of taxes. He noted that if staff missed something that they will deal with the applicant. SUBMISSION NO. B 60/98 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Kah-Wal Homes requesting permission to convey a parcel of land having a width on Kingswood Drive of 8.29 m (27.2 ft.) and having an area of 379.59 m2 (4,086 sq. ft.) on Part Block H, Registered Plan 1246, 172 Kingswood 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 November 17, 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. COMMITTEE OF ADJUSTMENT 357 NOVEMBER 17, 1998 Carried SUBMISSION NO. B 61/98 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Kah-Wal Homes requesting permission to convey a parcel of land having a frontage on Kingswood Drive of 5.8 m (19 ft.) and having an area of 261.7 m2 (2,817 sq. ft.) on Part Block H, Registered Plan 1246, 174 Kingswood Drive, Kitchener, Ontario BE GRANTED subject to the following condition: Submission No.'s B 60/98 - B 65/98 - 1058788 Inc., 21 Second Avenue, Kitchener, Ontario, cont'd SUBMISSION NO. B 61/98, cont'd That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 November 17, 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 62/98 Moved by Mr. S. Kay Seconded by Mr. W. Dahms That the application of Kah-Wal Homes requesting permission to convey a parcel of land having a frontage on Kingswood Drive of 5.8 m (19 ft.) and an area of 258.27 m2 (2,780 sq. ft.) on Part Block H, Registered Plan 1246, 176 Kingswood 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 November 17, 2000. COMMITTEE OF ADJUSTMENT 358 NOVEMBER 17, 1998 It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried It was agreed by all parties that consideration of Submission No. B 63/98, B 64/98 & B 65/98 be deferred to the Committee of Adjustment meeting scheduled for Tuesday April 20, 1999. ADJOURNMENT On Motion the meeting adjourned at 11:00 a.m. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment