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COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JANUARY 26, 1999
MEMBERS PRESENT: Mr. S. Kay, Mr. P. Kruse and Mr. 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 9:30 a.m.
MINUTES
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the minutes of the regular meeting of the Committee of Adjustment of December 8, 1998, as mailed
to the members, be accepted.
UNFINISHED BUSINESS
MINOR VARIANCE
Carried
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:
Mrs. M. Sellner
107 Midland Drive
Kitchener, Ontario
Mr. W. Van Miltenburg
107 Midland Drive
Kitchener, Ontario
Contra: None
Written Submissions::
In Support: None
Contra: None
The Committee was advised that the applicants are 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 a letter from Mr. B. Erb, Transportation Division, Region of Waterloo, dated
January 13, 1999 in which he advised Mrs. Sellner that he is forwarding a letter to her from himself, to her
real estate agent, dated November 19, 1998, which details the information the Region requires in order to
consider an access to Weber Street for the subject property. He also noted that if the owners intend to
retain an Engineer Consultant to design the access and retaining wall, it is important that they contact
City staff to obtain their requirements. It may also be necessary to determine the effect of removing any
material from around the house on the foundation and walls of the structure.
Mrs. Sellner gave a history of the ownership of the property and the problems in using the property and
the sale of the property because there is no driveway. Mr. Van Miltenburg addressed the Committee and
COMMITTEE OF ADJUSTMENT - 2 - JANUARY 26, 1999
asked for a deferral of this matter to the next meeting in order to deal with the engineering report.
1. Submission No. A 85/98 - Mary Sellner & Marqaret Mary Sellner, cont'd
Mr. Kay questioned whether the property had been sold and Mr. Van Miltenburg advised that it is in the
process but Mrs. Sellner still owns the property.
It was generally agreed that consideration of this application be deferred to the meeting of February 16,
1999.
2. Submission No. A 103/98 - David Stiller, 81 Morgan Avenue, Kitchener, Ontario
Re: Parts Lots 19 & 20, Registered Plan 959, 81 Morgan Avenue, Kitchener, Ontario.
The Secretary advised the Committee that this application has been withdrawn.
3. Submission No. A 105/98 - Mike Voll Investments Limited, 104-420 Weber Street North, Waterloo,
Ontario
Re: Part Block E, Registered Plan 1170, 50 Midland Drive, Kitchener, Ontario.
Appearances:
In Support:
Mr. M. Voll
104 -420 Weber St. N.
Waterloo, Ontario
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting legalization of garage setback 4.294 m
(14.09 ft.) from Midland Drive rather than the required 4.5 m (14.77 ft.)
The Committee noted the comments of the Department of Business & Planning Services, dated
November 8, 1998, in which they advised that the applicant is requesting a reduction in the front yard
setback from 4.5 m to 4.2 m to legalize and existing garage. The property was developed in 1996 with 33
"land lease" multiple dwellings. The applicant received Committee of Adjustment approval in 1996, which
allowed a reduction in the front yard setback relative to enclosed porches. The survey prepared on
October 7, 1996 identified that the corner of the garage encroaches by 0.3 m into the front yard setback.
The encroachment is so minor that it was identified only after a survey was completed. In this respect,
there is no impact on the surrounding area and thus the variance is minor and it meets the general intent
and purpose of the zoning by-law. The garage is located adjacent to three units fronting Midland Drive,
the only units without attached garages, for the purpose of providing these three units with convenient
parking. In this regard, the variance requested is desirable for the appropriate development of the subject
lands as the location of the garage maintains the distance separation necessary from abutting structures,
maintains an adequate setback from Midland Drive and provides the parking necessary for the abutting
units.
The Department of Business and Planning Services recommends approval of Submission A 105/98 to the
extent identified on the attached survey dated October 7, 1996
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Mike Voll Investments Limited requesting legalization of garage setback 4.294 m
(14.09 ft.) from Midland Drive rather than the required 4.5 m (14.77 ft.) on Part Block E, Registered Plan
1170, 50 Midland Drive, Kitchener, Ontario BE APPROVED subject to the following conditions:
That the variance as approved in this application shall apply to the garage only as shown on the
survey prepared Metz & Lorentz Ltd., O.LS. dated October 7, 1996 and revised, July 8, 1997.
COMMITTEE OF ADJUSTMENT - 3 -
3. Submission No. A 105/98 - Mike Voll Investments Limited, cont'd
It is the opinion of this Committee that:
JAN UARY 26, 1999
The variance requested in this application is minor in nature.
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
UNFINISHED BUSINESS
CONSENT
Submission No. B 83/98 - Income Trust Company in Liquidation, c/o Casimir Banas, 6 Dartnell
Road, Hamilton, Ontario
Re:
Part Lots 16 & 17, Plan 365, Being Parts 4 & 5, Reference Plan 58R-4758 & Part Lot 17 & 18,
Plan 365, Being Parts 1,2 & 3, Reference Plan 58R-4758, 21 & 25 Cedar Street South & 387 King
Street East, Kitchener, Ontario.
Mr. S. Kay declared a pecuniary interest in this application as his law firm has acted for Income Trust 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, this
application was considered by the remaining two members.
Appearances:
In Support:
Mr. J. Mahler
Brown Scarfone Hawkins
Suite 1050, 120 King St. West
Hamilton, Ontario
Mr. A. Breberina
132 Central Avenue
Grimsby, 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 Cedar Street of 29.603 m (97.13 ft.) by a depth of 20.92 m (65.92 ft.) along Charles Street
and a depth on the northerly side of 36.152 m (118.61 ft.).
The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in
which they advised that there comments remain the same as those identified in their letter of November
10, 1998, for the November 17, 1998 Committee of Adjustment Hearing.
In accordance with the Region's delegated responsibilities to comment on development applications on
behalf of the Province (including the Ministry of the Environment) please be advised that the subject lands
are located adjacent to land which have been identified as having a high risk of contamination in the
Region's Contaminated Sources Inventory. Regional staff do not know if the contamination suspected on
the adjacent lands will pose a health or safety risk to the proposed use of the property. As the subject
lands are not located within a Regional wellfield, the Regional Municipality of Waterloo does not have a
direct corporate interest which would result in the Region requesting a Record of Site Condition be
imposed on its behalf.
COMMITTEE OF ADJUSTMENT - 4 - JANUARY 26, 1999
1. Submission No. B 83/98 - Income Trust Company in Liquidation, cont'd
The City of Kitchener will be acquiring this area of King Street from Cedar Street to Ottawa Street and
also Cedar Street from Charles Street to Weber Street on January 1, 1999. Charles Street is proposed to
remain under Regional jurisdiction. Regional staff have indicated that the following road widening
requirement should be acquired under this application:
A 13 ft. road widening is required along King Street.
A 25 ft. daylight triangle is also required at the intersection of King Street and Madison Avenue.
A 25 ft. daylight triangle is required at the intersection of King Street and Cedar Street. However, due to
the location of an existing building at the intersection of King and Cedar Street, the daylighting triangle
normally required at this location can not be requested.
A 13 ft. road widening is required along Charles Street. A 25 ft. daylight triangle is also required at the
intersection of Cedar Street and Charles Street.
No further road widening is required along Charles Street.
They advised that they have no objection to the approval of this application subject to those conditions.
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that they applicant requests consent to sever lands which compromise approximately half of the
block bounded by King Street, Cedar Street, Charles Street and Madison Avenue. The lands to be
retained occupy the entire King Street frontage, with the exception of one lot at the corner of King and
Cedar. The lands to be severed are at the corner of Cedar and Charles Streets. The common lot line
between the severed and retained lands is 4.892 m in length. The retained lands are now and are
proposed to continue to be used as a parking lot. The lands to be severed contain two buildings one is
occupied as a dwelling. The regulations of the CR-4 Zone do not permit a ground floor residential unit;
however, this dwelling unit has legal non-conforming status. The accessory building complies with by-law
regulations.
The lands are designated Service Commercial with special policies and are Zoned CR-4 with special use
provisions permitting retail and prohibiting certain automotive uses. The long-term intent of the Official
Plan and Zoning By-law is to encourage the development of a high profile entrance way to the City,
consisting of large-scale office, residential and institutional uses, with ground floor commercial uses. The
assembly of lands for redevelopment is encouraged.
The subject lands are immediately adjacent to the downtown, and represent a partial assembly of lands
with definite potential for development. Planning staff would not normally support the dis-assembly of
land in the area; however, as the lands to be severed adjoin the retained lands for a distance of only 4.9
m, there is no functional connection between the two. In order for the assembly to become more
functional, consolidation with the two lots fronting Cedar Street, and the lot at the corner of Cedar and
King would be required. It would not be reasonable to deny the proposed severance in expectation of
such an assembly. Further more, the retained lands would be of a size and configuration which allows for
new large scale development.
Regional staff advised that adjacent lands have a high risk of contamination. Accordingly, the owner is
required to undertake a Site Assessment for the both the severed and retained lands. The Department of
Business & Planning Services recommends approval of Submission No. B 83/98, subject to the following
conditions:
That the owner enter into an agreement with the City of Kitchener to be prepared by the City
Solicitor, and registered on title of both the severed and retained lands, which shall provide as
follows;
That, prior to the commencement of any grading on the site, and prior to the issuance of any
building permits, the owner shall fulfill one of the following:
a)
To undertake a Site Assessment for both the severed and retained lands in accordance
with the Guidelines for Use at Contaminated Sites in Ontario. Receipt of a copy of the
Record of Site Condition shall be acknowedged in writing by the Ministry of Environment &
Energy; or
COMMITTEE OF ADJUSTMENT - 5 - JANUARY 26, 1999
1. Submission No. B 83/98 - Income Trust Company in Liquidation, cont'd
b)
To provide a written acknowledgment from the Ministry of Environment & Energy that a
Record of Site Condition is not required.
That the owner convey to the City of Kitchener, without cost and free of encumbrance, a 3.904 m
road widening along the properties entire Madison Avenue frontage.
That satisfactory arrangments be made with the City of Kitchener for the payment of any
outstanding municipal property taxes and/or local improvement charges.
Mr. Mahler addressed the Committee explaining the application. Mr. A. Galloway then reviewed the
requested conditions of the City and the Region. Mr. J. Given advised that the City is requesting two
additional road widenings, one on King Street and one on Cedar Street. She noted that the City has
taken the responsibility for these streets and an Official Plan Amendment is being processed at this time.
She advised that the Region has no concerns with these widenings coming to the City of Kitchener.
Mr. Mahler then referred to the City's request for a Record of Site Condition. He stated that the Region's
investigation show no contamination on either the severed or retained lands. He noted that testing was
done in 1995 and there was no confirmed evidence of contamination on the severed lands. He also
noted that the severed lands have no historic high risk use.
Mr. Breberina addressed the Committee advising that the previous assessment and historic records show
no industrial or commercial activity.
Mr. A. Galloway noted that the Region is not requesting soil tests and Ms. J. Given explained the transfer
of responsibilities in this regard.
Ms. Given noted that this condition is to remain on title until the grading takes place and would have to be
fulfilled prior to that. Mr. Mahler noted that it is the applicant's intention to sell the property and this
condition affects the marketability of the land. He did not want this property to be singled out and felt this
condition should be applied uniformily.
Ms. J. Given pointed out clause 1 (b) noting that the owner could 3rovide a written acknowledgement from
the Ministry that a Record of Site Condition is not required.
Mr. P. Kruse stated that he didn't think that this property was being singled out. This is a responsibility
the Municipality has to deal with. He stated that he would be prepared to move approval of the
application will all requested conditions attached. Mr. Kruse then advised that he would also be prepared
to consider an adjournment of the application, if the applicant wanted more time to discuss these matters
with staff. Mr. Mahler advised that he wanted to move forward with the application.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Income Trust In Liquidation requesting permission to convey a parcel of land
having a frontage on Cedar Street of 29.603 m (97.13 ft.) by a depth along Charles Street of 20.92 m
(65.92 ft.) and a depth on the northerly side of 36.152 m (118.61 ft.) on Parts 4 & 5, Reference Plan 58R-
4758, 21 & 25 Cedar Street South, Kitchener, Ontario BE GRANTED subject to the following conditions:
That the owner shall convey to the City of Kitchener without cost and free of encumbrance, the
following road widenings:
a) A 3.856 m road widening along the entire King Street frontage of the retained lands;
b)
A 3.586 m. road widening along the Cedar Street frontage of both the severed and retained
lands;
c) A 3.904 m road widening along the Madison Avenue frontage of the retained lands.
That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of both the severed and retained lands, which shall provide as
follows:
Submission No. B 83/98 - Income Trust Company in Liquidation, cont'd
COMMITTEE OF ADJUSTMENT - 6 - JANUARY 26, 1999
a)
To undertake a Site Assessment for both the severed and retained lands in accordance
with the Guidelines for Use At Contaminated Site in Ontario. Receipt of a copy of the
Record of Site Condition shall be acknowledged by the Ministry of Environment & Energy
or;
b)
To provide a written acknowledgement from the Ministry of Environment & Energy that a
Record of Site Condition is not required.
That the owner shall make arrangements with the City of Kitchener for the payment of any
outstanding municipal property taxes and/or local improvement charges.
4. That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 25 ft. daylighting triangle at the intersection of Cedar Street and Charles Street.
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 January 26, 2001.
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
The Committee adjourned this meeting, temporarily, at 10:10 a.m. in order to consider Applications for
Minor Variances to the City of Kitchener Sign By-law. This meeting recommenced at 10:50 a.m.
APPLICATIONS
MINOR VARIANCE
Submission No. A 2~99 - Nhan Le & Huu Huynl, 244 Belmont Avenue West, Kitchener, Ontario
Re: Lot 18, Registered Plan 778,244 Belmont Avenue West, Kitchener, Ontario.
Appearances:
In Support:
Nhan Le
244 Belmont Avenue West
Kitchener, Ontario
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to provide 2 parking spaces in
tandem for a home and home business, with one parking space located up to the lot line along Sandra
Avenue rather than 6 m (19.69 ft.) from Sandra Avenue.
1. Submission No. A 2/99 - Nhan Le & Huu Huynl, cont'd
The Committee noted the comments of the Department of Business & Planning Services in which they
COMMITTEE OF ADJUSTMENT - 7 - JANUARY 26, 1999
advised that the applicants are requesting permission to provide two off-street parking spaces in tandem
for a dwelling and a home business, with one parking space 0 metres from the front lot line rather than six
metres.
The home business is currently operating in the basement of the dwelling. The business was issued an
occupancy permit for a "health office" home business on January 8, 1998. The two required parking
spaces for the current business comply, as one parking space is located in the garage and the other
parking space has been created to the left of the garage and behind the 6 metre setback.
The applicants wish to move the denture therapy health office from the basement by converting the
existing garage into office space. They would then construct a carport to the side of the former garage to
accommodate one legal off-street parking space.
This variance is requested because the off-street parking space for the home business will be located
within the six metre setback required from a street line (Sandra Avenue). Staff has confirmed with the
applicant that it is their intention to have the existing driveway remain. There is sufficient space in the
driveway to park the second vehicle so that it will not block a vehicle parked in the carport (see diagram
submitted with application). Consequently, the request for tandem parking is not required. Staff
recommends the variance be amended to request permission for one legal off-street parking space for a
home business to be located within the six metre setback required from Sandra Ave.
The intent of the zoning by-law regulation is to encourage a more aesthetically appealing streetscape by
requiring a setback for all required parking. The By-law does not, however, prevent the other vehicles
from parking in the driveway.
As noted on the occupancy permit issued last year, and recently confirmed with the applicant, the
business will attract one customer at a time, with an average of 3 to 4 clients per day, and there will be no
employees. As stated by the applicant, the business owners would not be using their vehicle when a
client is at the property.
It is noted that the submitted drawing does not indicate the total proposed driveway width. The applicant
is advised that the by-law states the total width of the driveway shall not exceed 8 metres (26.2 ft).
Based on the above comments, it is the opinion of staff that the impact of the variance would be minor
and the request maintains the general intent of the by-law and municipal plan.
The Department of Business & Planning Services recommends approval of Submission A2/99; to permit
parking for a home business zero metres from the front lot line as shown on the drawings submitted with
the application.
The Committee noted the comments of the Director of Building in which he advised that a building permit
is required for any construction required to create the home occupation.
The Committee noted the comments of the Traffic & Parking Division in which they advised that the
Division has reviewed this application and does not have objections with the proposed tandem parking
spaces. They pointed out that the existing fence will need to be setback in order to satisfy the required
4.5 m site triangle.
The Chairman noted the comments of the Traffic & Parking Division with respect to the fence and noted
that the fence would have to be moved and the applicant stated that the fence is not a solid fence.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Nhan Le & Huu Huynh requesting permission to locate one parking space, for a
home business, 0 m from the Iotline along Sandra Avenue rather than the required 6 m (19.69 ft.) on Lot
18, Registered Plan 778, 244 Belmont Avenue, West, Kitchener, Ontario BE APPROVED subject to the
following conditions:
That the owner shall obtain approval of a building permit for any construction required to create
the home occupation.
Submission No. A 2/99 - Nhan Le & Huu Huynl, cont'd
That the owner shall move the existing fence to comply with the required 4.5 m (14.77 ft.) site
triangle.
COMMITTEE OF ADJUSTMENT - 8 - JANUARY 26, 1999
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
2. Submission No. A 3/99 - Kenneth & Michelle Elliott, 1603 Highland Road West, Kitchener, Ontario.
Re: Part 1, Reference Plan 58R-11114, 1603 Highland Road West, Kitchener.
Appearances:
In Support:
Mr. U. Roetsch
284 Frederick St.
Kitchener, Ontario
Contra: None
Written Submissions:
In Support:: None
Contra: None
The Committee was advised that the applicant is requesting legalization of an existing carport with an
easterly sideyard of 0.38 m (1.23 ft.) rather than the required 3.05 m (10 ft.)
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that the applicant is requesting legalization of an existing closed in carport with an easterly
sideyard of 0.38m (1.23 ft).
The property contains a single detached dwelling which is not permitted in C-6 zoning. The previous
zoning on the property was TWP A under Zoning By-law 878A which required a 10 ft. sideyard. At that
time, a single detached dwelling was permitted. In 1994, the zoning changed to C-6, Service
Commercial, and the use of the property for a single detached dwelling became legal non-conforming.
However, as there is no record of building permits in the file to determine when the 'closed in carport' was
added to the dwelling, the left sideyard cannot be considered legal non-conforming, although it may be
SO.
As the present use of the property for a single detached dwelling is not permitted there are no regulations
governing sideyard requirements for a single detached dwelling in the C-6 zoning.
Accordingly, there are no provisions in Section 45 of the Planning Act for legalizing such a situation.
The Chair pointed out that the staff comments give the opinion that the Committee has no jurisdicition in
this matter. Mr. Roetsch advised that the owners purchased this property on January 16. He requested
that the Committee recommend to staff that the addition and carport be accepted as legal non-
conforming, if this application can not be considered.
Ms. J. Given advised that the carport would have to have been constructed prior to July 6, 1959, to be
legal non-conforming. Mr. Roetsch advised that no one is sure when the carport is built and the most
practical thing to do is to accept it as legal non-conforming.
2. Submission No. A 3/99 - Kenneth & Michelle Elliott, cont'd
The Chair questioned Ms. Given concerning the vacuum by-law and Ms. Given advised that it only
applies to residential zones.
Mr. P. Kruse stated that he wished Mr. Roetsch would point to the jursidiction which would allow the
COMMITTEE OF ADJUSTMENT - 9 - JANUARY 26, 1999
Committee to deal with this application. A brief discussion then took place concerning the Committee's
jurisdiction and the date of construction.
It was agreed by all parties that consideration of this application be deferred to the hearing scheduled for
Tuesday March 9, 1999, to allow Mr. Roetsch an opportunity to obtain affidavit evidence as to the date of
construction of the carport.
3. Submission No. A 4/99 - MTD Products Limited, 97 Kent Avenue, Kitchener, Ontario
Re: Part Lot 25, Registered Plan 904, 60 Ottawa Street South & 97 Kent Avenue, Kitchener.
Appearances:
In Support::
Mr. P. Fitzgerald & Mr. W. Poje
Stantec Consulting Ltd.
87 Victoria Street North
Kitchener, Ontario
Contra: None
Written Submissions:
In Support:: None
Contra: None
The Committee was advised that the applicant is requesting permission for a 0 m setback at the
northwest corner of a warehouse expansion and for bridge piers rather than the required 6 m (19.69 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that there are two properties subject to this application both are owned by MTD Products Limited.
MTD Products Limited is a company that manufactures and warehouses the goods that they produce.
The property municipally addressed as 60 Ottawa Street South contains the warehousing function of the
business and 97 Kent Avenue contains the manufacturing establishment. Borden Street separates the
two properties. A site plan application is currently being processed under Application SPR98/56/O/PB for
an addition to the warehouse and an addition of an overhead conveyor that crosses Borden Avenue and
connects the two buildings. A previous Committee of Adjustment Application was approved under
application A30/96 for a conveyor over Borden Avenue to connect the two properties, however the
location of the conveyor has changed, requiring Committee of Adjustment approval of the new location.
The minor variances requested are as follows:
60 Ottawa Street South
A reduction in the front yard setback from 6.0 metres to zero metres to allow the construction of an
overhead conveyor, conveyor bridge, and a proposed warehouse addition.
97 Kent Avenue
A reduction in the front yard setback from 6.0 metres to zero metres to allow the construction of an
overhead conveyor and conveyor bridge.
The properties were developed between 1930 and 1965. The original Zoning By-law in this area, which
was in effect until 1962, By-law 1823, required a 2.1 metre setback from Borden Avenue. Many of the
industries in this area were established during this period. In this regard, the reduction in the setback is
not out of character with the existing built neighbourhood. In view of this, the variances requested are
minor. The general intent of the 6.0 metre set back is to maintain an aesthetically pleasing streetscape
and to aid in maintaining a similar character in neighbourhoods. As a result of the additions, new
landscaping will be installed along Borden Avenue between the proposed warehouse addition and
Borden Avenue and some outdoor storage will be removed. In this regard, the general intent and
3. Submission No. A 4/99 - MTD Products Limited, cont'd
purpose of the Zoning By-law is maintained. The proposed conveyor will increase productivity by making
the establishment more efficient requiring a larger warehouse. As a result of the improvements proposed
and since the reduced setback will not be out of character, the variances are desirable for the appropriate
development of the subject lands.
COMMITTEE OF ADJUSTMENT - 10 - JANUARY 26, 1999
The building footprint of the proposed warehouse addition was changed to accommodate a 4.5 metre
visual triangle for the lane to the north of the proposed addition. The change to the building footprint
does not affect the variance. The technical issues related to the construction of the additions will be
addressed through the site plan approval process.
That Minor Variance Application A4/99 be approved, only in relation to the Site Plan finally
approved under Site Plan Application SPR98/56/O/PB.
The Committee noted the comments of the Traffic & Parking Division in which they advised that they have
reviewed the application and cannot support the building location as shown in the plan, as the
northwesterly corner of the proposed building encroaches into the 4.5 m site triangle. It is recommended
that the plan be revised to maintain the required site clearance.
The Committee members have been provided with copies of a letter from Stantec Consulting Ltd. along
with a section of the site plan in which they indicate that, further to the City's requirement for a daylighting
triangle at the northwest corner of Ottawa Street, MTD intends to remove the corner of the building as
shown on the attached sketch.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of MTD Products Limited requesting a reduction in the frontyard setback, for 60
Ottawa Street South, from 6 m (19.69 ft.) to 0 m to allow for the construction of an overhead conveyor,
conveyor bridge and a proposed warehouse addition and a reduction in the frontyard setback for 97 Kent
Avenue from 6 m (19.69 ft.) to 0 m to allow the construction of an overhead conveyor and conveyor
bridge, on Part Lot 25, Registered Plan 904, 60 Ottawa Street South and 97 Kent Avenue, Kitchener,
Ontario BE APPROVED subject to the following conditions:
That the building footprint of the proposed warehouse addition shall be changed to accommodate
a 4.5 m visual triangle for the lane to the north of the proposed addition.
That the variances as approved in this application shall apply only in relation to the site plan finally
approved under Site Plan Application SPR 98/56/O/PB.
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 5/99 - Voisin Development Limited, 645 Westmount Road East, Kitchener,
Qntarin
RE: Lot 8 & Part Lot 9, Plan 439, 170-174 Victoria Street South, Kitchener, Ontario.
The Committee was in receipt of a letter from the applicant advising that this application has been
withdrawn.
Submission No.'s A 6/99, A 7/99, A 8/99 & A 9/99 - William J. Gies Construction Limited, 193
Ashcroft Place, Waterloo, Ontario
Re:
Part Lot 54 and Part Lot 118, German Company Tract, Lots 1-4, Draft Plan of Subdivision 30T-
95020, Old Chicopee Road.
Submission No.'s A 6/99, A 7/99, A 8/99 & A 9/99 - William J. Gies Construction Limited, cont'd
Mr. A. Galloway declared a pecuniary interest in this application as his planning firm has acted for the
applicants and did not participate in any discussion or voting with respect to these applications. Pursuant
to the Municipal Conflict of Interest Act, these applications were considered by the remaining two
members.
COMMITTEE OF ADJUSTMENT - 11 - JANUARY 26, 1999
Appearances:
In Support::
Mr. B. Hermsen
171 Victoria Street North
Kitchener, Ontario
Contra: None
Written Submissions:
In Support:: None
Contra: None
The Committee was advised that the applicant is requesting permission for a reduction in the rearyard for
4 new residential lots to 3.5 m (11.49 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 property is the subject of a residential subdivision proposal, which has received draft
plan approval. The zoning by-law which implements the subdivision draft plan has been appealed;
however, the subject of the requested variances is unrelated to the stated grounds for the appeal.
Therefore Planning staff have no concerns with consideration of the variances. Approval of the variances
would not become effective unless By-law 98-87 is approved by the Ontario Municipal Board.
The approved draft plan includes four lots fronting Old Chicopee Trail which back onto Environmentally
Sensitive Policy Area No. 26, which is a wooded area sloping downward to the west. The ESPA
boundary is the rear lot line of the four lots. The ESPA lands are required to be conveyed to the City as
open space. The standard lot depth in this area is 30m; however, conveyance of the ESPA lands
reduces the depth of these lots to between 21.6m and 26.3m.
The requested variance would reduce the minimum rear yard requirement from 7.5m to 3.5m for each of
the four lots. The purpose of the proposal is to reduce the rear yard in order to increase the area of the
building envelope, allowing more flexibility for the design of houses to be constructed on the lots, in
recognition of the limited lot depth.
During consideration of the draft plan it was acknowledged that, in the interest of achieving public
ownership of the ESPA, reduced rear yard requirements would be appropriate. However, the resulting
development could have left the lots with no active outdoor amenity area. The lot widths were therefore
increased to 25m (82') to provide outdoor amenity area beside the dwelling, and/or to allow for a wide,
shallow house design which would provide a usable rear yard.
For the sake of consistency the owner has requested the same relief for each of the four lots; however,
the lot depths are variable. The owner's rationale is that a typical floor plan requires a building envelope
of 13.6m (44.5') in depth.
Staff agree that some rear yard reduction is justified, but do not accept the owner's rationale regarding
typical floor plans. The wide shallow lot configuration allows for a non-typical floor plan. The additional
lot width accommodates floor plans which have the garage beside the living space rather than in front of
it. This is the most desirable feature of wide lot development, as the garage has a much less significant
impact on the streetscape. This also allows for an L-shaped building outline with outdoor amenity area
behind the garage as a courtyard design.
In the case of Lots 3 and 4, which have the least depth of the four lots, the requested 3.5m rear yard is
acceptable. However, Lot 2 has approximately 2.3m more depth than Lot 3, and Lot 1 is deeper still.
Staff support a rear yard of 4.5m for Lot 2 and a rear yard of 6.5m for Lot 1; in these two cases, the
resulting building envelope would accommodate the 'typical floor plan' referred to by the owner. In all
four cases, the building envelope is at least 300m2 (3,230 ft2) in area.
5. Submission No.'s A 6/99, A 7/99, A 8/99 & A 9/99 - William J. Gies Construction Limited, cont'd
The general intent and purpose of the official plan is achieved by public acquisition of the ESPA lands.
The general intent and purpose of the zoning by-law's rear yard regulation is to provide for private
outdoor amenity area on each lot and to maintain a reasonable separation between houses that back
onto one another. The proposal maintains this intent and is desirable for the appropriate development
and use of the land. The impact of the variance is minor as there are no neighbouring residential lots to
COMMITTEE OF ADJUSTMENT - 12 - JANUARY 26, 1999
the rear and there is a reasonable separation between the ESPA boundary and any foundation
excavation, minimising root damage.
The Planning Division recommends approval of Submission A6/99, as revised, to reduce the minimum
rear yard requirement from 7.5m to 6.5m on Lot 1, Plan 30T-95020.
The Planning Division recommends approval of Submission A7/99, as revised, to reduce the minimum
rear yard requirement from 7.5m to 4.5m on Lot 2, Plan 30T-95020.
The Planning Division recommends approval of Submissions A8/99 and A9/99, to reduce the minimum
rear yard requirement from 7.5m to 3.5m on Lots 3 and 4, Plan 30T-95020.
The Chairman questioned Mr. Hermsen as to whether he has read the staff comments and he advised
that he had and he was in agreement with them and requested permission to amend the applications
accordingly.
Submission No. A 6/99
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
That the application of William J. Gies Construction Limited requesting permission for a rearyard of 6.5 m
(21.33 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lot 54 & Part Lot 118 German Company Tract,
Being Lot 1, Draft Plan of Subdivision 30T-95020, Old Chicopee Road, Kitchener, Ontario BE
APPROVED.
It is the opinion of this Committee that:
The variance requested in this application is minor in nature.
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 7~99
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
Carried
That the application of William J. Gies Construction Limited requesting permission for rearyard of 4.5 m
(14.77 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lot 54 and Part Lot 118, German Company
Tract, Being Lot 2, Draft Plan of Subdivision 30T-95020, Old Chicopee Road, Kitchener, Ontario BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
5. Submission No.'s A 6/99, A 7/99, A 8/99 & A 9/99 - William J. Gies Construction Limited, cont'd
Submission No. A 8/99
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
COMMITTEE OF ADJUSTMENT - 13 - JANUARY 26, 1999
That the application of William J. Gies Construction Limited requesting permission for a rearyard of 3.5 m
(11.49 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lot 54 and Part Lot 118, German Company
Tract, Being Lot 3, Draft Plan of Subdivision 30T-95020 Old Chicopee Road, Kitchener, Ontario BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
Submission No. A 9/99
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
That the application of William J. Gies Construction Limited requesting permission for a rearyard of 3.5 m
(11.49 ft.) rather than the required 7.5 m (24.61 ft.) on Part Lot 54 and Part Lot 118, German Company
Tract, Being Lot 4, Draft Plan of Subdivision 30T-95020, Old Chicopee Road, Kitchener, Ontario BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
Submission No. A 10/99 - Mirosla Jarkowski & Karoline Varin-Jarkowski, 74 Woolwich Street
North, Kitchener, Ontario
Re: Parts 2 & 3, Reference Plan 58R-11473, 101 Park Street, Kitchener, Ontario.
Appearances:
In Support::
Mr. J. Nanson
181 Frederick Street
Kitchener, Ontario
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting legalization of the expansion of a legal non-
conforming industrial building.
6. Submission No. A 10/99 - Mirosla Jarkowski & Karoline Varin-Jarkowski, cont'd
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that the subject property contains a duplex use at the front of the property and an industrial
building attached to the rear. The lands are designated Low Density Commercial Residential in the City's
Municipal Plan and are zoned CR-1 according to Zoning By-law 85-1. The applicant is requesting
legalization of a portion of an existing industrial building to reduce the required left and right sideyards for
COMMITTEE OF ADJUSTMENT - 14 - JANUARY 26, 1999
a portion of the industrial building, of 4.1 feet (1.25 metres) and 11.8 feet (3.60 metres) respectively.
The property was previously used as an upholstery business and the current owner wishes to continue
with the same use.
At the time the industrial building was erected the property was zoned Light Industrial under Zoning By-
law 4830 and required a side yard of 12 feet (3.65 metres) on one side and 4 feet (1.21 metres) on the
other. The building was erected with a deficient sideyard with only 11.8 feet (3.60 metres) rather than the
required 12 feet (3.66 metres). The left sideyard of 4.1 feet does comply.
When the property was rezoned in 1994, it was not legal, as all regulations were not met. Accordingly,
since the current use is not permitted under the CR-1 zone there are no applicable sideyard regulations
for the use against which a variance may be measured.
Staff are of the opinion that Section 45 of the Planning Act cannot be used to legalize this sideyard
although it is very close to meeting the 2 inch tolerance policy of Council for waiving enforcement of the
by-law.
The Chair questioned Mr. Nanson as to whether he read the staff report. Mr. Nanson advised that he had
and was somewhat mystified by it. He noted that Section 45 of the Planning Act gives the Committee of
Adjustment authority to extend a non-conforming use. He noted that the property was lawfully used as an
upholstery business at the time the by-law was passed. The building permit was issued and Committee
of Adjustment approval was given. The building was erected and used as an upholstery shop and the
same use has continued lawfully on this site. Mr. Nanson pointed out that Subsection 45(2) of the
Planning Act refers to lawful use. He asked the Committee to approve the existing use within a building
to be extended to the limit of the building with existing sideyards, being 2 1/2 inches less than what was
required at the time the building was constructed. Mr. Nanson felt that Subsection 45(2) (a) (ii) of the
Planning Act provided for this type of situation.
Mr. A. Galloway stated that, unlike the previous application, Mr. Nanson had provided the necessary
information for this particular application and this particular use to show that the Committee has
jurisdiction. He advised that he was willing to move approval of this application.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Mirosla Jarkowski & Karoline Varin-Jarkowski requesting permission to extend or
enlarge the legal non-conforming upholstery business into that portion of the building having a westerly
sideyard of 3.6 m (11.8 ft.) and an easterly sideyard of 1.25 m (4.1 ft.), as shown on the Surveyor's Real
Property Report prepared by Ansley, Campbell & Serack Ltd., O.L.S., dated September 23, 1998, so that
the use may be carried on in the full dimension of the main floor of the struction on Part Lots 10 & 11,
Plan 439, Being Parts 2 & 3, Reference Plan 58R-11473, 101 Park Street, Kitchener, Ontario BE
APPROVED.
It is the opinion of this Committee that this property was lawfully used as an upholstery business on the
day the by-law prohibiting this use was passed.
Submission No. A 13/99 - 1295355 Ontario Inc., c/o Sonwray Property Management Inc., 3-48
Queen Street East: Cambridge: Ontario
Re: Parts 1 & 2, Reference Plan 58R-7001, 70 Victoria Street North, Kitchener, Ontario.
The Committee was in receipt of a request from the applicant to defer consideration of this application to
the meeting to be held on Tuesday, February 16, 1999 and the Committee agreed to this request.
Appearances:
In Support:
Submission No. A 20/99 - Olga Dendy, 326 Wyecroft Street, Waterloo, Ontario.
Parts 1 - 4, Reference Plan 58R-10112, 40 Dumart Place, Kitchener, Ontario.
Mr. R. Kuepfer
Daykon Construction Ltd.
COMMITTEE OF ADJUSTMENT - 15 - JANUARY 26, 1999
6-105 Banff Place
Waterloo, Ontario
Contra: None
Written Submissions:
In Support:: None
Contra: None
The Committee was advised that the applicant is requesting legalization of an existing warehouse with a
rearyard of 13.9 m (45.61 ft.) rather than the required 14 m (45.94 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that the subject property contains an industrial building which is used as a warehouse and an
accessory office. The property is approximately 3.6 acres in size and is zoned Business Park (B-2)
according to Zoning By-Law 85-1. The property backs onto agricultural lands which are part of the
Township of Woolwich.
The applicant requests a variance to exempt the property from the requirements of Regulation 36R,
which states that "where a side or rear lot line forms part of a boundary with an Agricultural or
Residential Zone, or with part 2, Plan 58R-3150 .... a minimum side or rear yard of 14.0 metres shall
be required along that portion of the lot line which abuts the above stated zones or plan". The
applicant is requesting the legalization of an existing warehouse with a rear yard of 13.9 metres
(45.61ft) rather than the required 14 metres (45.94 ft.).
The intent of special regulation 36R is to provide a buffer between the existing building and future
residential lands to the rear of the property. In this case, the reduction in the rear yard setback is
relatively small (0.1 metres) and as such would have no negative impact on adjoining properties.
Furthermore, owners have provided landscaping along the rear property line in order to minimize any
visual impact of the business park lands. It would be unreasonable to require removal or relocation
of the building for 0.1 metres.
Accordingly, the requested variance can be considered minor in nature as the general intent and
purpose of the Zoning By-law and Municipal Plan has been met. As well, the variance would not
appear to impede on the enjoyment of neighbouring lands or the future residential lands to the rear
of the property.
The Department of Planning and Development recommends approval of Minor Variance Application
A20/99.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Olga Dendy requesting legalization of an existing warehouse with a rearyard of
13.9 m (45.62 ft.) rather than the required 14 m (45.94 ft.) on Parts 1-4, Reference Plan 58R-10112, 40
Dumart Place, Kitchener, Ontario BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
Submission No. A 20/99 - OI.qa Dendy, cont'd
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
COMMITTEE OF ADJUSTMENT - 16 - JANUARY 26, 1999
Submission No. A 22/99 - Rudolph & Cyril Bernard as Trustees for Waterloo Open Bible Church of
God, 22 Huntingdale Drive, Kitchener, Ontario.
Re: Part Lot 29, Plan 365 & Part Lot 23, Plan 369, 25 Madison Avenue North, Kitchener, Ontario.
Mr. S. Kay declared a pecuniary interest in this application as his law firm acts for the applicants 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, this
application was considered by the remaining two members.
Appearances:
In Support::
Mr. R. Reisler
c/o 177 Victoria Street North
Kitchener, Ontario
Contra: None
Written Submissions:
In Support:: None
Contra: None
The Committee was advised that the applicant is requesting permission to change the legal non-
conforming use of an automotive supply business to a church.
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that the subject property contains an industrial building first constructed in 1947 for use by an
auto parts and machine shop business. The property changed hands in 1990 and has been used since
for the repair and sale of auto parts. The property was zoned to permit the use until 1994, when it was
rezoned CR-4 to implement the special Service Commercial Official Plan designation. In late, 1998, the
auto parts business relocated and the property has been for sale ever since.
The purpose of this application is to change the legal, non-conforming auto part repair and sales
business to a religious institution. The tests of a change in legal, non-conforming status are that the use is
similar to or more compatible than the previous use, the change will not perpetuate the legal, non-
conformity, and the change will not adversely affect the neighbourhood.
The King Street East Secondary Plan applies the Service Commercial land use category to those
properties fronting King Street East, from Cedar Street to Montgomery Road. The limits of the designation
extend to properties which also front flanking streets in some locations along the north side of King Street
East expecting that they should be consolidated with and form part of the anticipated high density
residential/office/institutional commercial redevelopment of the King Street East corridor. The official plan
prohibits commercial development on these properties until such time as the lands are consolidated with
property fronting King Street East. The Madison Avenue property is one such property.
The implementing zoning, CR-4, along with holding provision 15, restricts the permitted uses only to a
multiple dwelling, small lodging house, small residential care facility, home business and private home
day care, all within the existing building, until lands are consolidated with lands fronting King Street East,
a 0.3 metre reserve has been lifted, and a site plan incorporating buffering has been approved by the
City.
The abutting lands, to the northeast and west, which front Duke Street and Madison Avenue, are
designated Medium Density Residential and are currently developed with Iow rise residential dwellings.
9. Submission No. A 22/99 - Rudolph & Cyril Bernard as Trustees for Waterloo Open Bible Church of
· God, cont'd
Lands to the south fronting King Street East are developed with a multi-use commercial building including
an auto window repair business, restaurant, and small retail. In terms of compatibility, and impact on the
neighbourhood, staff believe that a religious institution is generally more compatible in residential
neighbourhood than most businesses dealing with automobiles and auto parts. In this case, the file does
not reflect any prior nuisance generated by the previous use, as much of the business appeared to be
well contained within the building and the outdoor storage of vehicles or parts did not appear to form part
COMMITTEE OF ADJUSTMENT - 17 - JANUARY 26, 1999
of their operation. Staff conclude that a religious institution can be more compatible and not adversely
impact the neighbourhood provided sufficient parking is accommodated on site for the institution.
The applicant provided sufficient information setting out the interior layout of the building to determine the
ability of the site to accommodate the parking required for the use. The by-law requires only 13 spaces for
the use while the sketch attached to the application indicates that the site can easily accommodate 20
spaces. Staff recommend that the parking area be established and demarcated and the front yard of the
building be landscaped, as a condition of approval.
Finally, with respect to perpetuating a legal non-conforming use, staff have no concerns given that the
religious institution is a use permitted in the CR-4 Zone. Staff believe that supporting this change in use is
good planning and the integrity of the official plan and zoning by-law are maintained. The holding
provision is "intended to allow the assembly of adequately sized parcels for redevelopment..." and the
holding provision in the official plan refers to prohibiting "commercial development. Approval of this
application does not frustrate the intent of the plan for future consolidation and redevelopment of the
properties having access to King Street East. The use is not prohibited in the official plan, as it is not a
commercial use, but an institutional use. Staff are sympathetic to the difficulty that has been encountered
in attempting to find a purchaser for this property, since the existing building is unsuitable for most uses
currently allowed. Approval of this application will allow an appropriate re-use of the existing building
without negatively impacting the neighbourhood, provide the opportunity for achieving some site
improvements and allow the long term redevelopment of the site.
The Department of Business and Planning Services recommends approval of Submission A22/99 subject
to the following condition:
That the owner develop the site in accordance with the attached plan dated January 21, 1999,
including the front yard landscaping and demarcation of the parking area, or submit a letter of
credit to cover 100% of the cost of the site development works, to the satisfaction of the City's
Director of Planning, prior to May 31, 1999. No extension to this date shall be given unless granted
in writing by the City's Director of Development prior to such date.
The Committee noted the comments of the Director of Building in which he advised that a Building Permit
is required to convert this building to a church.
The Committee noted the comments of the Traffic & Parking Division in which they advised that they have
reviewed the application and recommend that spaces 21 & 22, as noted on the plan attached to the
application, be eliminated to better serve two way traffic into/out of the parking area. They also pointed
out that the existing building immediately to the west encroaches into the 4.5 m site triangle.
Mr. Reisler addressed the Committee reviewing the application stating that in his opinion the proposed
use is more compatible with the area and the former use was an auto parts sales business. Mr. Reisler
also advised that he had reviewed the staff comments and agrees with the conditions requested and the
interpretation by the Planning Department of the requirements of the Planning Act.
When questioned by the Committee, Ms. J. Given advised that the applicant can provide double the
required parking. The Committee also referred to the conditions being requested by staff and Ms. Given
advised that these are standard conditions.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Rudolph Polack and Cyril Bernard as Trustees for Waterloo Open Bible Church of
God requesting permission to change the legal non-conforming use of an automotive supply business to
a church on Lot 29, Plan 365 and Part Lot 23, Plan 369, 25 Madison Avenue, North, Kitchener, Ontario
BE APPROVED subject to the following conditions:
9. Submission No. A 22/99 - Rudolph & Cyril Bernard as Trustees for Waterloo Open Bible Church of
· God, cont'd
That the owner shall develop the site in accordance with the plan dated January 21, 1999,
including the frontyard landscaping and demarcation of the parking area, or submit a letter of
credit to cover 100% of the cost of the site development works, to the satisfaction of the City's
Director of Planning, prior to May 31, 1999; with no extension to this date being given, unless
granted in writing by the City's Director of Development, prior to May 31, 1999.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT - 18 - JANUARY 26, 1999
2.
3.
10.
The proposed use of this property as a church is more compatible than the previous use.
The change in use will not perpetuate the legal non-conformity.
The change in use will not adversely affect the neighbourhood.
· Submission No. A 23/99 - Rudolph & Ernestine Polack, 22 Huntingdale Drive, Kitchener, Ontario
Re: Lot 16, Plan 124, 116 Cameron Street North, Kitchener, Ontario.
Mr. S. Kay declared a pecuniary interest in this application as his law firm represents the applicant 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, this
application was considered by the remaining two members.
Appearances:
In Support::
Mr. S. Riesler
c/o 177 Victoria Street North
Kitchener, Ontario
Contra:
Mr. H. Rotberg
61 Roy Street
Kitchener, Ontario
Written Submissions:
In Support: None
Contra:
Neighbourhood Petition
The Committee was advised that the applicant is requesting permission to extend the legal non-
conforming convenience store to include a laundromat.
Mr. S. Riesler addressed the Committee advising that the applicants wish to have this matter deferred for
3 months to try and address the neighbourhood and staff concerns.
Mr. Rotberg addressed the Committee stating that the store is presently closed and questioned whether
the legal non-conforming use may have ceased.
The Committee agreed to Mr. Riesler's request for a deferral for 3 months and agreed that consideration
of this application will take place at the Committee of Adjustment meeting scheduled for Tuesday May 11,
1999.
11. Submisson No. A 19/99 - Eastforest Homes Ltd., 10 Alpine Courst, Kitchener, Ontario
Re: Part 37, Reference Plan 58R-10621, 3 Pine Martin Crescent, Kitchener, Ontario.
Appearances:
11.
In Support: Mr. D. Murawsky
c/o Eastforest Homes Ltd.
10 Alpine Court
Kitchener, Ontario
Submisson No. A 19/99 - Eastforest Homes Ltd., cont'd
Contra:
Mr. R. Parent
Traffic Analyst
Traffic & Parking Division
Written Submissions:
In Support: None
COMMITTEE OF ADJUSTMENT - 19 - JANUARY 26, 1999
Contra: None
The Committee was advised that the applicant is requesting permission to locate the driveway 9.6 m
(31.5 ft.) from the intersection of Pine Martin Crescent and Wilderness Drive rather than the required 12
m (40 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which they
advised that the subject property is an undeveloped corner lot located within 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 distance between a driveway and an intersection from 12 metres to 9.6 metres.
The subject lot meets all of the Zoning By-law regulations in terms of lot width and lot area. However, due
to the configuration of the lot the applicant cannot provide a driveway on the Pine Martin Crescent
frontage due to the required separation between the driveway and the intersection. The provision of an
attached garage has become a virtual requirement for builders marketing new homes and accordingly,
the applicant wishes to maintain the option of an attached garage on this lot.
The Department of Business and Planning Services has considered all options available to construct the
desired type of dwelling and still maintain compliance with the zoning regulations. However, the lot
configuration is such that even with the provision of the minimum driveway width allowable (2.6 metres), a
separation of only 11.5 metres can be maintained between the driveway and the intersection. Further,
the provision of an attached garage on the flanking side is not feasible on this 15 metre wide corner lot as
the dwelling would then be separated from the rear yard by the attached garage, making it much less
desirable and therefore, less marketable.
In recognition of the above, the Department of Business and Planning Services recommends that the
applicant agree to provide only a single garage and that the application be revised to request a minor
variance to reduce the required distance between a driveway and an intersection from 12 metres to 10.72
metres. With this modification to the application, an attached garage could still be provided but the
separation between the driveway and the intersection would be increased, thereby maintaining a greater
margin of safety.
The Department of Business and Planning Services is presently involved in a comprehensive review of
lot width regulations and is working with a group of local homebuilders to formulate new regulations for
incorporation into the Zoning By-law. It is the expectation that upon the development of new Zoning
regulations, the number of minor variances of this nature will be vastly reduced.
The Department of Business and Planning Services recommends approval of Minor Variance
Applications A19/99, as revised to reduce the extent of the requested variance to 10.72 metres.
The Committee noted the comments of the Traffic & Parking Division in which they advise that they do not
support the proposed reduction in the setback of the driveway from the adjacent intersection. This
condition can create potential traffic operating problems and it is recommended that the driveway location
be revised to meet the by-law requirements.
The Chair noted the suggested amendment put forward in the comments of the Department of Business &
Planning Services. Mr Murawsky advised that he had read the report and was not in favour of the
amendment. He stated that they have a sale pending for this property and it is conditional on a wider
garage. He felt that the 9.6 m setback should be adequate. He noted that the house will be setback 8 m
from the street rather than the usually 6 m which will increase the visibility at the corner. He did not want
the driveway located upto the Iotline as it could affect the drainage.
11. Submisson No. A 19/99 - Eastforest Homes Ltd., cont'd
Mr. P. Kruse referred to the staff comments regarding new corner lot width requirements. Ms. Given
responded that they have found that the current corner lot width requirement is not acceptable. Staff
believe that if the corner lot width requirement is increased, then there will be less problems with
driveways. Staff have explored requiring driveways on the flanking side but that it is not desirable from
the homeowners point of view.
The Chair then questioned Mr. R. Parent, Traffic Analyst, concerning his written comments. Mr. Parent
advised that the 12 m is taken from the property line. This setback is required regardless of the type of
COMMITTEE OF ADJUSTMENT - 20 - JANUARY 26, 1999
street. Anything less than 12 m could cause problem and the Division is not willing to support any
variance. Mr. Kruse referred to the increased setback of the house and Mr. Parent stated that had no
effect as the vehicle will still enter the street at the same point.
Mr. A. Galloway questioned whether Traffic staff were involved in the subdivision and Ms. Given advised
that they were but were not involved with the Zoning requirements.
Mr. P. Kruse stated he originally had concerns with the application and the corner lot. There are several
considerations and Traffic is only one consideration. He noted that Planning is proposing something that
is also outside the by-law. He suggested that the 9.69 m setback for the driveway be approved. He
questioned what the difference is between the 9.69 m and 10.72 m and why 10.72 m would better. Mr. A.
Galloway noted that staff does not support 9.69 m and stated that he would not be willing to support the
application at all with any revisions.
Mr. S. Kay noted that in the past, he has not supported these types of variances. He felt that this was a
marketability issue and staff are now trying to accommodate marketability. He advised that he was
prepared to consider a 10.72 m setback, as recommended by staff.
Mr. D. Murawsky noted that locating the driveway on the flanking side would not be a good situation
because it is a busier street and would be more dangerous.
Mr. A. Galloway stated that if there was no other option for the driveway location he may support a 10.72
m setback; however, he thought there may be a possibility to comply. Mr. Murawsky felt that the flanking
side would be more dangerous. Mr. R. Parent stated that a driveway in compliance, on Wilderness Drive
would be better than a variance on Pine Martin. He thought there would be a stop sign on Wilderness
Drive so, although there is more traffic, it would not be fast moving.
Mr. J. Given commented that they must provide a legal parking space and the parking space must be
setback 6 m. She stated that staff have looked at this from every objective and feel that a driveway on the
flanking side would compromise the backyard amenity area.
Mr. P. Kruse advised that he was withdrawing his previous motion for a 9.6 m setback. He stated that he
would support a 10.72 m setback. He noted that usability is a very valid concern. He stated that he was
not disputing the Traffic concern but making a compromised motion. Mr. Murawsky agreed to amend the
application accordingly.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Eastforest Homes Ltd. requesting permission to locate a driveway 10.72 m (35.17
ft.) from the intersection of Pine Martin Crescent and Wilderness Drive rather than the required 12 m (40
ft.) on Part Block 6, Registered Plan 58M-15, being Part 37, Reference Plan 58R-10621, 3 Pine Martin
Crescent, Kitchener, Ontario BE APPROVED.
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 & MINOR VARIANCE
Submission No. B 1/99, A 1/99 & A 18/99 - The Trustees of Benton Street Baptist Church, 90
Benton Street, Kitchener, Ontario
Re:
Part Lots 10-15, Registered Plan 394 and Parts of Lots 21, 35 & 36, Registered Plan 393, 90
Benton Street, 14 & 18 St. George Street & 161, 171, 179 & 181 Queen Street South, Kitchener,
Ontario.
Appearances:
COMMITTEE OF ADJUSTMENT - 21 - JANUARY 26, 1999
In Support:
Ms. D. Biuk
c/o Green Scheels Pidgeon Planning Consultants
5-745 Bridge Street West
Waterloo, Ontario
Mr. G. Woolner
748 Zeller Drive
Kitchener, 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 Queen Street of 57 m (187.34 ft.) by a depth along St. George Street of 65.9 m (216.21 ft.)
and an area of 3,796 m2 (40,861.15 sq. ft.). The property will be developed with a 58 unit apartment
building. A request is being made for a reduction of the sideyards for the proposed apartment building of
0.3 m (1 ft.) for the interior sideyard rather than the required 1.2 m (4 ft.) and a sideyard abutting a street
of 2.5 m (8.21 ft.) rather than the required 3 m (9.85 ft.). The applicant is also requesting legalization of
52 parking spaces for the church rather than the required 105 parking spaces.
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 that houses six single
detached dwellings and the Benton Street Baptist Church, into two parcels. The lands to be retained
contain the Benton Street Baptist Church and the lands to be severed contain six single detached
dwellings, three of which are proposed to be demolished to accommodate development. The purpose of
the severance is to facilitate the development of a five storey, 58 unit apartment building. A site plan
application has been submitted and is currently being reviewed under application number SP98/33/S/PB.
The subject land is under one ownership, however the site does not function as one site since there is
more than one use on the property. Over the years the Benton Street Baptist Church acquired a number
of surrounding dwellings. Parking for the church, approximately 84 spaces, is currently legal non-
conforming and is contained within the land to be retained. The lands to be severed were never used for
parking for the church since they are physically separated at grade. As a result of the severance, the
legal non-conforming status related to parking for the church is lost. In this regard, Minor Variance
Application A18/99 is a request to reduce the number of on-site parking spaces from 105 to 70. Since the
submission of the application, staff and the applicant have met and a revised parking layout was
developed at staff's request. The attached plan dated January 15, 1999, as revised, represents an
acceptable parking plan that contains 89 parking spaces designed to be as close to the design standards
as possible. Minor Variance Application A18/99 should be revised to reflect the increase in parking
spaces.
The existing parking situation has operated for many years without problems and therefore, the impact of
the reduction in the number of parking spaces from 105 to 89 is minor. As a result of this severance, the
available on-site parking will increase to reflect the attached, revised parking design. In this regard, the
reduction in the number of parking spaces is desirable for the appropriate use of the property, as the
applications have prompted the redefining of the parking area, which represents a more efficient parking
layout. The general intent and purpose of the parking requirements are to ensure an adequate number of
parking spaces in relation to the number of vehicles which will use the site at any one time.
1. Submission No. B 1/99, A 1/99 & A 18/99 - The Trustees of Benton Street Baptist Church, cont'd
Most of the parking requirements for uses located in the downtown are lower than those outside of the
downtown due to the availability of parking in the downtown and the availability of transit service. The
parking requirement for a religious institution; however, is not lower in the downtown. In view of the
location of the site in relation to the downtown and since, historically, there have been no parking
problems or complaints from surrounding uses regarding overflow parking, the reduction meets the
general intent and purpose of the zoning by-law.
The applicant has also requested the following minor variances relative to the lands to be severed under
COMMITTEE OF ADJUSTMENT - 22 - JANUARY 26, 1999
Application Al/99: a reduction in the northerly sideyard from 1.2 metres to 0 metres and a reduction in the
sideyard abutting St. George Street, from 3.0 metres to 2.5 metres. The applicants have been meeting
with staff since 1996 regarding the development of lands within the block bounded by Church Street,
Queen Street, St. George Street and Benton Street. The original proposal discussed proposed a one
stage, three-phase development with the apartment being the first stage of development. Due to the
complexity of the project the applicants are proposing to develop the site in stages. The owners of St.
Paul's Lutheran Church are partners in the subsequent stages. The proposed apartment represents the
first stage. In view of this, the reduction in the side yard will facilitate the integration of this stage with the
following stages and is therefore desirable for the appropriate development of the subject lands. Should
the subsequent stages not proceed, the zero sideyard is desirable only if the wall is maintenance free.
The impact of the variance is minor since the yard abuts only an existing parking area. The general intent
and purpose of the by-law are maintained, as the building separation between lots is acceptable.
With respect to the minor variance requested to the sideyard adjacent to St. George Street relative to the
lands to be severed, there are provisions in the zoning by-law which allow reductions in regulations
resulting from street widening. However, the applicants have specifically requested minor variance
approval relative to the side yard adjacent to St. George Street, from 3.0 metres to 2.5 metres for the
proposed apartment. In view of the forgoing, the reduction in the side yard as a result of a road widening
meets the general intent and purpose of the zoning by-law and is minor. The proposed building has been
designed with architectural features which frame the church steeple of St. Paul's Church and only a
portion of the building is set back 2.5 metres to achieve the effect, and in this regard, the minor variance
is desirable for the appropriate development of the subject lands.
In view of the forgoing, the Department of Business and Planning Services has no objection to the
Severance Application or the Minor Variance Applications subject to the conditions contained in the
recommendation section.
That Minor Variance Application A/1/99 be approved, as amended to request approval of 89
parking spaces, subject to the following conditions:
That the portion of the north wall with a zero metres set back be constructed with
maintenance free materials;
That the approval be applicable only to the Site Plan finally approved under application
SP98/33/S/PB.
B. That Minor Variance Application A18/99 be approved subject to the following condition:
That the parking area be demarcated and the accesses be defined in accordance with
the attached revised plan dated January 15, 1999 prior to July 1, 1999. Alternatively
that a letter of credit be submitted to the Director of Planning prior to July 1, 1999 to
cover 100% of the cost to demarcated the parking and to define the access in
accordance with the plan. No extension to this completion date shall be granted unless
approved in writing by the Director of Planning prior to the completion date set out in this
decision.
C. That Consent Application Bl/99 be approved subject to the following conditions:
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
2. That Minor Variance Applications Al/99 and A18/9 be finally approved.
1. Submission No. B 1/99, A 1/99 & A 18/99 - The Trustees of Benton Street Baptist Church, cont'd
That the owner convey to the City of Kitchener, without cost and free of encumbrance, a 3.9
metre road widening along the property's entire Church Street frontage and a 2.9 metre
road widening along the property's entire St. George Street frontage.
The Committee noted the comments of the Mr. B. Erb, Transportation Division, Region of Waterloo, with
respect to Submission No.'s A 1/99 & A 18/99 advising that, at this location, Benton Street has an existing
road allowance with the 66 ft. and a designated road allowance width of 86 ft. therefore a 10 ft. road
widening is required. A 25 ft. daylighting triangle is required at the intersection of Benton Street and St.
George Street. He noted that the road widening and daylight triangle have been requested as a condition
COMMITTEE OF ADJUSTMENT - 23 - JANUARY 26, 1999
of Submission No. B 1/99.
The Committee noted the comments of the Traffic & Parking Division in which they advised that they have
reviewed the applications and acknowledge that while the current parking requirement can not be met this
has been a condition existing for a number of years. Additionally, the applicant is proposing to increase
the number of parking spaces; therefore, the Division has no objection to Submission No. A 18/99.
The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in
which they advised that, at this location, Benton Street has an existing 66 ft. wide road allowance and a
designated road allowance width of 86 ft.; therefore, a 10 ft. road widening is required from the Benton
Street frontage of the property to be conveyed to the Region of Waterloo. Also, a 25 ft. daylight triangle is
required at the intersection of Benton Street and St. George St. The road widening and daylight triangle
are required to accommodate future asphalt, boulevard and utility requirements. The owner should be
advised that the Region is prepared to enter into an encroachment agreement with the owner for the
existing sign, concrete stairs and portion of the concrete walkway which will be within the widened road
allowance.
Ms. D. Biuk addressed the Committee and distributed a revised site plan and noted that 89 parking
spaces can now be provided on site rather than the 105 required and she requested that the application
be amended accordingly. Ms. Biuk also noted that, the north wall has a setback of 0.3 m and not the 0 m
as noted in the Planning Department comments.
Submission No. B 1/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of the Trustees of Benton Street Baptist Church requesting permission to create a
new lot having a frontage on Queen Street of 57 m (187.34 ft.) by a depth along St. George Street of 65.9
m (216.21 ft.) and having an area of 3,796 m2 (40,861.15 sq. ft.) on Parts Lots 21, 35 & 36, Registered
Plan 393, 14 & 18 St. George Street and 161, 171, 179 and 181 Queen Street South, Kitchener, Ontario
BE GRANTED subject to the following conditions:
That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 10 ft. road widening along the Benton Street frontage of the retained lands.
That the owner shall convey to the Regional Municipality of Waterloo, without cost and free of
encumbrance, a 25 ft. daylight triangle at the intersection of Benton Street and St. George Street.
3. That the owner shall receive final approval of Submission No.'s A 1/99 & A 18/99.
That the owner shall convey to the City of Kitchener, without cost & free of encumbrance, a 3.9 m
road widening along the property's entire Church Street frontage and a 2.9 m road widening along
the property's entire St. George Street frontage.
That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of
any outstanding municipal property taxes and/or local improvement charges.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted
conditions within one year of the date of giving notice of this decision.
1. Submission No. B 1/99, A 1/99 & A 18/99 - The Trustees of Benton Street Baptist Church, cont'd
Submission No. B 1/99, 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 January 26, 2001.
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.
COMMITTEE OF ADJUSTMENT - 24 - JANUARY 26, 1999
The use of the land in this application conforms to the City of Kitchener Official Plan and the
Regional Official Policies Plan.
Carried
Submission No. A 1/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of the Trustees of Benton Street Baptist Church requesting permission to construct a
58 unit apartment building with an interior sideyard of 0.3 m (1 ft.) rather than the required 1.2 m (4 ft.)
and a sideyard abutting Benton Street of 2.5 m (8.21 ft.) rather than the required 3 m (9.85 ft.) on Part
Lots 21, 35 & 36, Registered Plan 393, 14 & 18 St. George Street and 161, 171, 179 and 181 Queen
Street South, Kitchener, Ontario BE APPROVED subject to the following conditions:
That the owner shall ensure that the portion of the north wall with a 0.3 m setback is constructed
with maintenance free materials.
That the variances as approved in this application shall apply only to the development as shown
on the site plan finally approved under application SP98/33/S/PB.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
Submission No. A 18/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of the Trustees of the Benton Street Baptist Church requesting permission to provide
89 off-street parking spaces for the existing church rather than the required 105 off-street parking spaces
on Part Lots 10-15, Registered Plan 394 and Part Lot 21, Registered Plan 393, 90 Benton Street,
Kitchener, Ontario BE APPROVED subject to the following conditions:
That the owner shall demarcate the parking area and the access shall be defined in accordance
with the revised plan dated January 24, 1999, prior to July 1, 1999. Alternately the owner may
submit a letter of credit to the Director of Planning, prior to July 1, 1999, to cover 100% of the cost
to demarcate the parking and define the access in accordance with the plan. No extension to this
completion date shall be granted unless approved in writing by the Director of Planning prior to
July 1, 1999.
1. Submission No. B 1/99, A 1/99 & A 18/99 - The Trustees of Benton Street Baptist Church, cont'd
Submission No. A 18/99, cont'd
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT - 25 - JANUARY 26, 1999
2. Submission No.'s B 2/99 & A 11/99 - Mr. Frank Merli, 258 Dod.qe Drive, Kitchener, Ontario
Re: Part 1, Reference Plan 58R-4650, 258 Dodge Drive, Kitchener, Ontario.
The Committee was in receipt of a request from the Department of Business & Planning Services to defer
consideration of these applications to the meeting to be held on Tuesday June 15, 1999. Ms. J. Given
advised that the applicant's agent, Mr. B. Toderian, has agreed with this request of deferral. The
Committee agreed to this request.
Submission No.'s B 3/99 & A 12/99 - Mary Arlene Beckman, 390 Pinnacle Drive, Kitchener,
Ontario
Re: Part of Biehn's Unnumbered Tract, 390 Pinnacle Drive, Kitchener, Ontario.
Appearances:
In Support:
Mr. & Mrs. Beckman
390 Pinnacle Drive
Kitchener, Ontario
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to divide this land into 2 lots,
each to have an area of 0.389 hectares. The retained lands will contain the existing single family dwelling
and the severed lands will be developed with a new single family dwelling. The lot areas of 0.389
hectares do not meet the by-law requirements of 0.4 hectares and the applicant is requesting approval of
these variances.
The Committee noted that the Department of Business & Planning Services had requested a deferral of
this matter to the meeting to be held on Tuesday March 30, 1999 pending the submission of an
environmental implementation report by the Region of Waterloo.
Mr. Beckman addressed the Committee stating that he had read the comments but he did not understand
why the deferral was necessary, as he did not believe that the environmental implementation report had
anything to do with the location of the severance line. Ms. J. Given explained that the environmental
implementation report may determine that the severance line is not suitably located and Mr. S. Kay
advised Mr. Beckman that this is a precondition in dealing with the location of the severance line and that
he agreed with the request of the Department of Business & Planning Services and the Region's
comments. Mr. A. Galloway also agreed with the comments and advised that this background work
needed to be done first.
It was agreed by the Committee to defer consideration of these applications to the meeting to be held on
Tuesday March 30, 1999.
Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., 61 Roy Street,
Kitchener, Ontario
RE:
Parts 5 & 6 & parts 11 - 14 & Par 27, Reference Plan 58R-11058, 91-99 & 107 Cameron Street
North, Kitchener, Ontario.
Appearances:
In Support:
Mr. H. Rotberg
61 Roy Street
Kitchener, Ontario
Contra: None
COMMITTEE OF ADJUSTMENT - 26 - JANUARY 26, 1999
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to create 5 new lots for
townhouse development. Each lot will have frontage on Cameron Street. The applicant is requesting
permission for 3 of the 5 proposed townhouse units to have rearyards of 6.096 m (20 ft.) rather than the
required 7.5 m (24.61 ft.) In addition, the applicant is requesting minor variances for a proposed
townhouse to be built at 107 Cameron Street North. The request is for an easterly sideyard of 1.5 m
(4.92 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.6 m (21.65 ft.) rather than the required 7.5
m (25.61 ft.), a lot coverage of 46% rather than the permitted 405 and a driveway width of 60% of the
width of the lot rather than the permitted 50%.
The Committee noted the comments of the Department of Business & Planning Services for Submissions
B 4/99 - B 8/99 in which they advised that applications for consent have been submitted in order to create
five lots to accommodate five street townhouses on lands located on the east side of Cameron Street
North, between Weber Street East and Troy Street. The proposed lots are identical in frontage and area
to five lots previously approved by the Committee of Adjustment on September 16, 1997 through B96/97
to B100/97. The lots range in area from 167.2 square metres (1800 square feet) to 209 square metres
(2250 square feet). The conditions of approval were not fulfilled prior to the required date (September 26,
1998). The owner has therefore re-applied in order to create these lots again.
Minor variance applications have also been submitted in respect of three of the proposed five lots
(A15/99 to A17/99). The requested variances all relate to the reduction in the required rear yard from 7.5
metres to 6.096 metres. The variances relate to the lots proposed under severance applications B4/99,
B5/99 and B6/99.
The owner conveyed the area shown on the site plan as park to the City on December 23, 1998. The
configuration of the park is actually different than that shown on the site plan since the land originally
allocated for phase 5 now forms the frontage for the park on Weber Street.
It is understood that the services were installed for all of the proposed units along Cameron Street North
at the time that the street was being re-constructed i.e. late 1997. The City's Department of Public Works
has confirmed that the service connections have been installed in accordance with the proposed lot
arrangement.
It is also understood that an easement for stormwater purposes is required along the southerly lot line for
the most southerly of the proposed five lots (B8/99). The storm water facilities i.e. underground storm
drain, were installed prior to, and as part of, acceptance of the parkland by the City. A 1.5 metre
easement should therefore be provided on this lot. In addition, a 1.5 metre easement should also be
provided across part of the retained lands immediately south of the lands proposed to be severed in order
to create the appropriate overall easement width, in this case 3 metres. The required easements are
provided in accordance with the approved storm water management plan and grading plan for the park
recently acquired by the City.
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
The proposed lot sizes meet the requirements for the minimum lot area and lot width as stipulated in the
CR-1 and R-6 zones in Zoning By-law 85-1. The lots proposed to be severed represent the third phase
of the approved site plan for this project, known as the "Townhomes of East Ward". Subject to the
conditions of approval listed below, the Department of Business and Planning Services recommend
approval of consent applications B4/99 to B8/99 inclusive.
The Department of Business and Planning Services recommend approval of consent applications B4/99
to B8/99, conditional on the following:
That a 1.5 metre wide easement be granted to the City, at no cost and free of encumbrance, along
the full length of the southerly lot line of those lands being severed under B8/99 for storm water
management purposes. An additional easement, also 1.5 metres in width, shall be provided to the
City, at no cost and free of encumbrance, along the full length of the abutting retained lands, for
COMMITTEE OF ADJUSTMENT - 27 - JANUARY 26, 1999
the same purposes.
That the owner make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
paved driveway ramp on each of the lots to be severed.
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.
The Committee noted the comments of the Department of Business & Planning Services with respect to
Submission No. A 14/99 in which they advised that the subject property was originally proposed to
accommodate a development consisting of 23 freehold townhouse units to be developed in five phases at
the Southeast intersection of Cameron Street and Weber Street. The approved site plan is attached for
Committee's information.
The owner has applied for a minor variance to the required side yard, rear yard, lot coverage and
driveway width requirements as contained in the R-6 zone in By-law 85-1 in order to permit a street
townhouse dwelling. The proposed townhouse unit forms part of a larger townhouse development on
lands located on three street frontages, including Weber Street East, Cameron Street North and Troy
Street.
The lands being the subject of this application form part of a proposed block of four townhouse units. The
lands, comprised of Parts 5 and 6, 58R-11058, were originally intended for the development of two
separate townhouse units, but have now been registered together as one lot. Two previous severance
approvals for these lots have been formally withdrawn by the owner (B91/97 and B92/97)(City Legal staff
have suggested that the applicant be requested to formally withdraw these applications as a condition of
the approval of this application). The previous minor variance approvals for these two lots (Lot 5 -
A105/97, and Lot 6 - A70/98) related to reduced rear yards, side yard, driveway width and lot coverage.
These approvals no longer apply given the combined lot arrangement.
The requested variances are as follows: an easterly side yard of 1.5 metres rather than the required 2.44
metres; a rear yard of 6.6 metres rather than the required 7.5 metres; and a maximum lot coverage of
46% rather than the required 40%. An additional request for a maximum driveway width of 60% is not
required as the maximum permitted driveway width for a street townhouse dwelling is 65%. Staff consider
the minor variances requested to be relatively minor in nature. While the proposed townhouse is
effectively double the width of the other three units in this block, the proposed siting of the unit on the lot
will compliment the remaining units. The proposed front yard and rear yard will be almost identical to that
of the other units. In this respect, the proposed 46% lot coverage is considered appropriate. The
requested side yard of 1.5 metres is also considered appropriate as it provides sufficient useable side
yard with the unit. The requested rear yard provides sufficient private amenity space, in addition to the
public amenity space being planned for the park immediately to the rear.
A condition should be included to the approval of the application that the latest revised site plan be
amended to reflect a revised rear yard and side yard.
The proposed minor variances maintain the general intent and purpose of the Zoning By-law and
Municipal Plan, are considered minor in nature, and are desirable for the appropriate development and
use of the land. The Department of Business and Planning Services recommends that application
A14/99 be approved subject to a revision to the approved site plan to reflect the revised plan for lots 5
and 6.
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
The Department of Business and Planning Services recommends approval of Submission A14/99, as
amended by deleting the requested variance for an increased driveway width, conditional upon the
following:
That the applicant apply for a revision to the approved site plan (last revised December 18, 1998)
to reflect the proposed changes to Lots 5 and 6, prior to March 31, 1999. No extension to this date
shall be granted unless approved in writing by the Director of Planning prior to March 31, 1999.
2. That the applicant submit a letter formally withdrawing applications B 91/97 and B 92~97.
The Committee also the considered the comments of the Department of Business & Planning Services
with respect to Submission No.'s A 15/99 - A 17/99 in which they advised that the subject property was
originally proposed to accommodate a development consisting of 23 freehold townhouse units to be
COMMITTEE OF ADJUSTMENT - 28 - JANUARY 26, 1999
developed in five phases at the southeast intersection of Cameron Street and Weber Street. The
approved site plan is attached for Committee's information.
The owner has now completed construction of four townhouses at the easterly end of the site fronting
onto Troy Street. A total of 10 of the remaining 19 units are still proposed, more specifically two blocks of
five units each located at the northerly end of Cameron Street (phase 2 and 3 on the site plan). The
owner has indicated that the remaining 9 units at the south end of Cameron Street and along Weber
Street (phases 4 and 5, respectively) may be abandoned at this stage in favour of one or two office
blocks.
Minor variance applications A15/99 to A17/99 relate to three townhouse lots which front onto Cameron
Street, comprising the middle three units of phase 3 (parts 11, 12 and 13 as shown on the site plan).
There are also accompanying applications for severance in order to create all five lots in this phase
(B4/99 to B8/99). Previously approved severance applications relating to these five lots (B96/97 to
B100/97) have lapsed and the owner must re-apply to create these lots.
Zoning By-law 85-1 requires a minimum rear yard of 7.5 metres for street townhouse dwellings located in
the R-6 Zone or CR-1 Zone (this phase of the development is zoned both CR-1 and R-6). The applicant
now proposes a 6.096 metre rear yard for each of the three lots in order to increase the internal depth of
the dwellings and to create a consistent rear yard for each of these lots. It should be noted that
Committee previously dealt with minor variance applications to address rear yard deficiencies for this
phase of the development. The previously approved variances are as follows: Part 10 - 6.758 metres,
Part 12 -7.418 metres, and Part 14 -6.758 metres. The rear yards for the entire block of units in phase 3
are therefore proposed as follows: Part 10 and Part 14 - 6.758 metres; Parts 11 to 13 - 6.096 metres
Staff consider these requests to be relatively minor in nature. Given that street townhouse units are to be
constructed on these lots, a 6.096 (20 feet) rear yard is considered adequate. In addition, given that a
public park is planned to the rear of the units to which access will be available from the rear yard area of
these dwellings, adequate amenity area is available for occupants of the units (for both public and private
residential use).
If the current three variance applications receive Committee's approval, it will be necessary to revise the
approved site plan to reflect the new rear yards for all three lots. This is included as a condition of
approval to these applications.
Staff consider that the applications maintain the general intent and purpose of Zoning By-85-1 and the
Municipal Plan and are considered to be desirable for the appropriate development and use of the land.
The Department of Business and Planning Services recommends that Minor Variance applications
A15/99 to A17/99 be approved with one condition as listed below.
The Department of Business and Planning Services recommends approval of Submissions A15/99
through to A17/99 subject to the following condition:
That the applicant apply for revisions to the approved site plan last revised December 18, 1998, to
reflect revised rear yards for Parts 11, 12 and 13, Reference Plan 58R-11058, and the revised
park block, prior to March 31, 1999. No extension to this date shall be granted unless approved in
writing by the Director of Planning prior to March 31, 1999.
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in
which they advised that they have reviewed these applications and have no concerns.
Mr. H. Rotberg addressed the Committee and explained the applications. He noted that the applications
for Consent had previously been approved; however, because of the delay in conveying the parkland to
the City of Kitchener, the previous applications had lapsed. Mr. Rotberg spoke of the applications for
Minor Variance for those lots to be created through the severances, noting that the style of homes for
those lots had been changed, necessitating these new applications. With respect to the dedication of
parkland, Mr. Rotberg advised that the lands had been conveyed to the City in December and the lots to
be created through the current applications all back onto the Park.
Concerning Submission No. A 14/99 for Parts 5 & 6 on plan, Mr. Rotberg explained that the original plan
was to build a separate unit on each part; however, he now wanted to construct one townhouse unit on
the two parts. Mr. Rotberg noted the staff comments with respect to the amendment for the driveway and
agreed with the amendment.
COMMITTEE OF ADJUSTMENT - 29 - JANUARY 26, 1999
Concerning the requested conditions of staff, the Secretary read allowed a letter from Broward Landev
Corp., dated December 18, 1998, advising that they have waived their right to Submission No.'s B 91/97
and B 92/97 and that they will not be pursuing the fulfillment of the conditions nor registered the deeds.
The Committee then referred to a
B 4/99 - B 8/99. In his letter, Mr.
caused by the Parks Department,
Secretary advised that those fees
letter from Mr. Rotberg regarding a refund of fees for Submission No.'s
Rotberg noted that the previous applications had lapsed due to delays,
in fulfilling the condition relating to the dedication of the parkland. The
amounted to $1,128.00. The Committee then discussed this request.
Submission No. B 4/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having a
frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and an area of 209.032 m2
(2,250 sq. ft.) on Part 10, Reference Plan 58R-11058, Cameron Street North, Kitchener, Ontario BE
GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
paved driveway ramp on the lands to be severed.
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 January 26, 2001.
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
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
Submission No. B 5~99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having a
frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.226 m2 (1,800 sq. ft.) on Part 11, Reference Plan 58R-11058, Cameron Street North, Kitchener,
Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
paved driveway ramp on the lands to be severed.
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
COMMITTEE OF ADJUSTMENT - 30 - JANUARY 26, 1999
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 January 26, 2001.
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.
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 6/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having a
frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27. 432 m (90 ft.) and having an area of
167.226 m2 (1,800 sq. ft.) on Part 12, Reference Plan 58R-11058, Cameron Street North, Kitchener,
Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
paved driveway ramp on the lands to be severed.
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 January 26, 2001.
It is the opinion of this Committee that:
A plan of Subdivision is not necessary for the proper and orderly development of the municipality.
Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
2. 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 7~99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having a
frontage on Cameron Street of 6.096 m (20 ft.) by a depth of 27.432 m (90 ft.) and having an area of
167.226 m2 (1,800 sq. ft.) on Part 13, Reference Plan 58R-11058, Cameron Street North, Kitchener,
Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
COMMITTEE OF ADJUSTMENT - 31 - JANUARY 26, 1999
paved driveway ramp on the lands to be severed.
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 January 26, 2001.
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 8/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to convey a parcel of land having a
frontage on Cameron Street of 7.62 m (25 ft.) by a depth of 27.432 m (90 ft.) and having an area of
209.032 m2 (2,250 sq. ft.) on Parts 14 & 27, Reference Plan 58R-11058 Cameron Street North, Kitchener,
Ontario BE GRANTED subject to the following conditions:
That the owner shall make satisfactory financial arrangements with the City's Department of Public
Works for the installation, to City standards, of boulevard landscaping, including street trees and a
paved driveway ramp on the lands to be severed.
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.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
That the owner shall grant to the City of Kitchener, without cost and free of encumbrance, a 1.5 m
wide easement along the full length of the southerly Iotline of those lands to be severed through
Submission No. B 8/99 for stormwater management purposes. The owner shall also grant to the
City of Kitchener without cost and free of encumbrance, a 1.5 m wide easement along the full
length of the northerly Iotline of the abutting retained lands for stormwater management purposes.
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 January 26, 2001.
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 - 32 - JANUARY 26, 1999
Carried
Submissions No A 14/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to construct a townhouse unit with
an easterly sideyard of 1.5 m (4.93 ft.) rather than the required 2.44 m (8 ft.), a rearyard of 6.6 m (21.66
ft.) rather than the required 7.5 m (24.61 ft.) and a lot coverage of 46 % rather than the permitted 40% on
Part 5, 6 & 28, Reference Plan 58R-11058 Cameron Street, North, Kitchener, Ontario BE APPROVED
subject to the following conditions:
That the owner shall apply for a revision to the approved site plan (last revised December 18,
1998) to reflect the proposed changes to Parts 5 & 6, prior to March 31, 1999. No extension to the
completion date shall be granted unless approved in writing by the Director of Planning prior to
March 31, 1999.
That the applicant shall submit a letter formally withdrawing Submission No.'s B 91/97 and B
92/97.
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
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
Submission No. A 15/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to construct a townhouse unit with a
rearyard of 6.096 m (20 ft.) rather than the required 7.5 m (24.61 ft.) on Part 11, Reference Plan 58R-
11058, Cameron Street North, Kitchener, Ontario BE APPROVED subject to the following condition:
That the applicant shall apply for a revision to the approved site plan, last revised December 18,
1998, to reflect revised rearyards for Part 11, 12 & 13, Reference Plan 58R-11058, and the
revised Park Block, prior to March 31, 1999. No extension to this date shall be granted unless
approved in writing by the Director of Planning prior to March 31, 1999.
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.
COMMITTEE OF ADJUSTMENT - 33 - JANUARY 26, 1999
Carried
Submission No. A 16/99
Moved By Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to construct a townhouse unit with
the rearyard of 6.096 m (20 ft.) rather than the required 7.5 m (24.61 ft.) on Part 12, Reference Plan 58R-
11058, Cameron Street North, Kitchener, Ontario BE APPROVED subject to the following condition:
That the applicant shall apply for a revision to the approved site plan, last revised December 18,
1998, to reflect revised rearyards for Part 11, 12 & 13, Reference Plan 58R-11058, and the
revised Park Block, prior to March 31, 1999. No extension to this date shall be granted unless
approved in writing by the Director of Planning prior to March 31, 1999.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being
maintained on the subject property.
Carried
Submission No. A 17/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Broward Landev Corp. requesting permission to construct a townhouse unit with a
rearyard of 6.096 m (20 ft.) rather than the required 7.5 m (24.61 ft.) on Part 13, Reference Plan 58R-
11058, Cameron Street North, Kitchener, Ontario BE APPROVED subject to the following conditions:
4. Submission No.'s B 4/99 - B 8/99 & A 14/99 - A 17/99 - Broward Landev Corp., cont'd
That the applicant shall apply for a revision to the approved site plan, last revised December 18,
1998, to reflect revised rearyards for Part 11, 12 & 13, Reference Plan 58R-11058, and the
revised Park Block, prior to March 31, 1999. No extension to this date shall be granted unless
approved in writing by the Director of Planning prior to March 31, 1999.
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
Moved by Mr. P. Kruse
Seconded by Mr. S. Kay
That Broward Landev Corp. be given a refund, in the amount of $1,128.00 representing the processing
fee for Submission No. B 4/99 - B 8/99.
Carried
COMMITTEE OF ADJUSTMENT
ADJOURNMENT
On motion the meeting adjourned at 1:00 p.m.
- 34 -
JAN UARY 26, 1999
Dianne Gilchrist
Committee Administrator