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HomeMy WebLinkAboutAdjustment - 2004-08-31 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 31,2004 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. J. Brent, Assistant Secretary-Treasurer, Ms. D. Gilchrist, Secretary-Treasurer Mr. D. Cybalski, Vice - Chair, called this meeting to order at 9:35 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment of July 13, 2004, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-049 1054422 Ontario Limited 10, 16 & 20 Spetz Street Part Lot 4, Registered Plan 364 Appearances: In Support: Mr. A. Hurdle Contra: None Written Submissions: Ms. D. Organ The Committee was advised that the applicant requests permission to expand a legal non- conforming commercial parking lot. The Committee noted that consideration of this application had been deferred at its meeting of July 13, 2004, to allow the applicant an opportunity to submit a more detailed site plan. The Committee was in receipt this date of a revised site plan for the subject parking lot showing: the location of parking stalls and aisles, their measurements, the location of landscaping, fences, lighting, and entrances to the parking lot. Mr. Sloan advised that staff are recommending approval of this application pursuant to Section 45.2 of the Planning Act, which deals with the expansion of legal non-conforming uses. He advised that although this property was previously 3 separate properties, the parking lot on the middle property encroached onto the residential properties on either side. The 3 properties were amalgamated and houses demolished. Now the parking lot use has expanded to fill the entire amalgamated property. With respect to the revised site plan, Mr. Sloan recommended the imposition of the same condition as requested in the Development and Technical Services Department report, dated July 9, 2003, which will allow staff to determine whether existing lighting and fencing is adequate and appropriate. COMMITTEE OF ADJUSTMENT 144 AUGUST 31, 2004 1. Submission No.: A2004-049 (Cont'd) Mr. Janecki advised that although not opposed to the development on this property, he does not believe this Committee has jurisdiction to deal with this application, as there were originally 3 properties, and the expanded use takes place on properties which were previously used for residential. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of 1054422 Ontario Limited requesting permission to expand a legal non- conforming parking lot to cover 100% of the property, on Part Lot 4, Registered Plan 364, 10,16 & 20 Spetz Street, Kitchener, Ontario, BE APPROVED subject to the following condition: That the applicant shall submit a site plan for the parking lot to be approved by the City's Manager of Design & Development within 3 months of the approval of this application. The site plan shall address such matters as parking space dimensions, aisle widths, landscaping, lighting and fencing or screening of adjacent properties. No extension to the 3 month time limit will be given without the approval of the Manager of Design & Development. It is the opinion of this Committee that the use of the entire property for a 55 space commercial parking lot is similar to the use of part of the property as a 26 space commercial parking lot. Carried Mr. Z. Janecki voted in opposition to this decision. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2004-057 Josip-Ilonka Jovanovic 117 Elkington Drive Lot 93, Registered Plan 937 Appearances: In Support: Mr. J. Jovanovic Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a parking space within 4.3 m (14.10 ft) of the front lot line instead of 6.0 m (19.68 ft). The Committee noted the report of the Development & Technical Services Department, dated August 25, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 145 AUGUST 31, 2004 1. Submission No.: A2004-057 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Josip-Ilonka Jovanovic requesting permission to reduce the setback from EIkington Drive, for a parking space, from the required 6 m (19.68 ft.) to 4.3 m (14.10 ft) on Lot 93, Registered Plan 937, 117 EIkington Drive, 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 Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Leqal Description: A 2004-058 Ronald J. Lee 75 Inge Court Lot 55, Registered Plan 1773 Appearances: In Support: Mr. R. Lee Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a deck 1.5 m (4.92 ft) above grade with a 0.2 m (0.65 ft) side yard setback instead of 1.2 m (3.93 ft) and a rear yard setback of 3.92 m (12.86 ft) instead of 4 m (13.12 ft). The Committee noted the report of the Development & Technical Services Department, dated August 20, 2004, recommending this application be refused. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Mr. Lee addressed the Committee advising he thinks there is a misunderstanding on the part of City staff. He explained there are 3 walkouts from the house with sliding glass doors: one on the left side of the house, a basement walkout at the back yard, and one from the bedroom at the back of the house, which, because of the elevation of the property, is a second storey walk-out. The elevated deck and walkway as proposed will allow access to and from the sliding glass door at the left side of the house. The ability to have a deck a the second floor bedroom level at the back of the house, and the height of the proposed deck will allow him to maintain the walkout from the basement. When questioned by the Committee, Mr. Lee advised that the abutting neighbours have their rearyard privacy area on the opposite side of their lot. Aisc, the neighbour has no large windows or any doors on the side of their house that will face the proposed elevated walkway and deck. Following a discussion with Mr. Sloan on screening, the Committee determined screening is not necessary. COMMITTEE OF ADJUSTMENT 146 AUGUST 31, 2004 2. Submission No.: A2004-058 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Ronald J. Lee requesting permission to construct a deck 1.5 m (4.95 ft) above grade with a 0.2 m (0.65 ft) sideyard setback rather than the required 1.2 m (3.93 ft), and a rear yard setback of 3.92 m (12.86 ft) rather than the required 4 m (13.12 ft), on Lot 55, Registered Plan 1773, 75 Inge Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall apply to the proposed deck generally as shown on the plan submitted with this application. It is the opinion of this Committee that: The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Carried A 2004-059 Oleg Grygorachyk 25 Rose Street Lot 51, Subdivision of Lot 2, Part Lot 5 and 6, Plan 124, German Company Tract Appearances: In Support: None Contra: None Written Submissions: Mr. O. Grygorachyk The Committee was in receipt of correspondence from the applicant advising this application is withdrawn, and requesting a refund of the application fee. Mr. SIoan explained that after accepting the application, staff determined it was not required. Moved by Mr. Janecki Seconded by Ms. D. Angel That the application fee for Submission No. A 2004-059, 25 Rose Street, Kitchener, Ontario, BE REFUNDED. Carried Submission No.: Applicant: Property Location: Leqal Description: A 2004-060 Anthony Mario Erwin Radovic 183 Ottawa Street South Lot 239, Registered Plan 262 Appearances: In Support: Mr. A. Radovic Contra: None COMMITTEE OF ADJUSTMENT 147 AUGUST 31, 2004 4. Submission No.: A2004-060 (Cont'd) Written Submissions: None The Committee was advised that the applicant is requesting permission for the following variances: · Dwelling units on the ground floor of a building that is not entirely used as a multiple dwelling · A front yard setback from Ottawa Street South of 1.2 m (3.93 ft) instead of 3.0 m (9.84 ft) · A rear yard setback of 0.09 m (0.29 ft) instead of 7.5 m (24.6 ft) · A side yard setback abutting Bedford Drive of 0.0 m (0.0 ft) instead of 3.0 m (9.84 ft) · A side yard setback of 0.07 m (0.22 ft) instead of 1.2 m (3.93 ft) · Reduce the parking requirement for two (2) additional dwelling units along with 20 m2 (215.27 sq ft) of office space within the existing building to 1 space instead of 3 spaces The Committee noted the report of the Development & Technical Services Department, dated August 26, 2004, recommending the application be amended to include only the following variances: To permit dwelling units on the gound floor of a building that is not entirely used as a multiple dwelling; To reduce the parking requirement for two residential units along with approximately 20 square m of office space on the ground floor of the existing building from three spaces to no spaces. To legalize an existing building on the subject property for uses permitted in the zoning of the property, including dwelling units on the ground floor, with the following: a. A lot width of 13.1 m instead of 15 m; b. A side yard setback abutting Bedford Drive of 0 m instead of 3 m; c. A side yard setback of 0.23 m instead of 1.2 m; d. A rear yard setback of 0.31 m intead of 7.5 m; and e. A landscaped area of approximately 8% instead of 10% In the report staff recommend approval of the above variances, subject to an agreement with the City with respect to this building encroachment on the Bedford Avenue right-of-way, an agreement to notify perspective tenants there is no on-site parking, and approval of and implementation of a landscaping design for the frontyard. When questioned by the Committee, Mr. Radovic advised that currently all units are rented and only 1 tenant has a car. He also advised he agrees with the report of the Development & Technical Services Department, and requested permission to amend this application accordingly. The Committee considered the comments of the Region of Waterloo, Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Anthony Radovic requesting permission for two dwelling units on the ground floor of a building that is not entirely used as a multiple dwelling; to reduce the parking units and approximately 20 m (215.27 sq ft) of office space on the requirement for two residential 2 ground floor of the existing building from 3 spaces to 0 spaces; and to legalize the existing building on the subject property for uses permitted in the zone, including dwelling units on the ground floor, with: a lot width of 13 m (42.65 ft.) rather than the required 15 m (49.2 ft.), a sideyard abutting Bedford Drive of 0 m rather than the required 3 m (9.8 ft.), a southwesterly sideyard of 0.23 m (0.75 ft.) rather than the required 1.2 m (3.93 ft.), a rearyard of 0.31 m (1.01 ft.) rather than the required 7.5 m (24.68 ft.), and a landscaped area of 8 % of the lot rather than the required 10 %, on Lot 239, Plan 262, 183 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall enter into an encroachment agreement with the City of Kitchener for the portion of the existing building that encroaches onto the Bedford Avenue right-of-way by approximately 0.1 m, within 3 months of approval of this application. COMMITTEE OF ADJUSTMENT 148 AUGUST 31, 2004 4. Submission No.: A2004-060 (Cont'd) That within 3 months of approval of this application the owner shall enter into an agreement, to the satisfaction of the City Solicitor, to be registered on title of the subject property to provide for the following: "The owner agrees that all prospective tenants will be notified in advance of, and upon, entering into rental agreements that no on-site parking is available other than one parking space for all uses of the property." That the owner shall provide a design for, and agrees to implement, appropriate landscaping, design and sign details in order to re-instate and provide a landscaped area at the front of the dwelling for the new uses to the satisfaction of the City's Manager of Design and Development, within 3 months of approval of this application. No extension to the 3 month time limit will be given without the approval of the Manager of Design and Development. 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 Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-061 Larry Johnston 253 Grand River Blvd Lot 93, Re.qistered Plan 1447 Appearances: In Support: Mr. A. Meffan Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a sunroom addition with a rear yard setback of 4.5 m (14.76 ft) instead of 7.5 m (24.6 ft). The Committee considered the report of the Development & Technical Services Department, dated August 17, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Larry Johnston requesting permission to construct a sunroom addition with a rear yard setback of 4.5 m (14.1 ft) rather than the required 7.5 m (24.6 ft), on Lot 93, Registered Plan 1447, 253 Grand River Blvd., Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the proposed addition only generally as shown on the plans submitted with this application. COMMITTEE OF ADJUSTMENT 149 AUGUST 31, 2004 5. Submission No.: A2004-061 (Cont'd) It is the opinion of this Committee that: 1. 2. 3. 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Written Submissions: Carried A 2004-062 Shandy & Terry Ferguson 172 Lancaster Street West Lot 8, Municipal Compiled Plan of Lot 4, German Company Tract Mr. T. Ferguson None Mr. R. Wise Mr. P. Janssen & Ms. L. Kehn The Committee was advised that the applicant is requesting permission for an 8-room lodging house on a lot having a width of 13.4 m (43.96 ft) instead of 15 m (49.21 ft). The Committee considered the report of the Development & Technical Services Department, dated August 23, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. The Committee considered the written submissions of Robert Wise, 177 Lancaster Street and Peter Janssen and Laurie Kehn, 174 Lancaster Street West, in opposition to this application. Mr. Ferguson addressed the Committee with respect to the neighbours' concerns, stating lodging houses do not typically attract people with vehicles; consequently, not many parking spaces are required. When questioned Mr. Sloan advised that a site plan application is not required; however, a building permit is required for the internal renovations. Mr. Ferguson responded to questions from the Committee acknowledging that stop work orders have been issued, and advising that since that time, he has not undertaken any construction work on the property. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Shandy & Terry Ferguson requesting permission for an 8-room lodging house on a lot having a width of 13.4 m (43.96 ft) rather than the required 15 m (49.21 ft), on Lot 8, Municipal Compiled Plan of Lot 4, German Company Tract, 172 Lancaster Street West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 150 AUGUST 31, 2004 6. Submission No.: A2004-062 (Cont'd) The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions: A 2004-063 Max Becker Enterprises 103 Dubrick Crescent Lot 15, Re.qistered Plan 58M-301 Carried Mr. B. Blackmere None None The Committee was advised that the applicant is requesting permission for a side yard setback of 1.08 m (3.54 ft) instead of 1.2 m (3.93 ft) for a new dwelling. The Committee considered the report of the Development & Technical Services Department, dated August 17, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Max Becker Enterprises requesting permission to construct a new single family dwelling with a westerly side yard setback of 1.08 m (3.54 ft) rather than the required 1.2 m (3.93 ft) on Lot 15, Registered Plan 58M-301, 103 Dubrick Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-064 Jamie Hill 127 Hawkswood Drive Lot 57, Registered Plan 58M-181 Appearances: In Support: Mr. D. Sawatzky Mr. B. Marsh COMMITTEE OF ADJUSTMENT 151 AUGUST 31, 2004 Submission No.: A2004-064 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct an addition with a rear yard setback of 6.55 m (21.48 ft) instead of 7.5 m (24.6 ft). The Committee considered the report of the Development & Technical Services Department, dated August 23, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Jamie Hill requesting permission to construct a rear addition with a rear yard setback of 6.55 m (21.48 ft) rather than the required 7.5 m (24.61 ft), on Lot 57, Registered Plan 58M-181, 127 Hawkswood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the addition generally as shown on the plans submitted with this application. 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Written Submissions: A 2004-065 Ruth Jackson 74 Bancroft Street Lot 1, Registered Plan 58M-125 Carried Mr. J. English None None The Committee was advised that the applicant is requesting permission to construct an addition with a rear yard setback of 4.57 m (14.99 ft) instead of 7.5 m (24.6 ft). The Committee considered the report of the Development & Technical Services Department, dated August 17, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 152 AUGUST 31, 2004 9. Submission No.: A2004-065 (Cont'd) Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Ruth Jackson requesting permission to construct an addition with a rear yard setback of 4.57 m (14.99 ft) rather than the required 7.5 m (24.6 ft), on Lot 1, Registered Plan 58M-125, 74 Bancroft Street, 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 Municipal Plan is being maintained on the subject property. Carried 10. Submission No.: Applicant: Property Location: Leqal Description: A 2004-066 Peter DeGroot, Sunvest Realty Corp. 901 Victoria Street North Plan 929, Lot 1, Part Lot 2 Appearances: In Support: Mr. P. DeGroot Ms. K. Dietrich Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to permit a plaza with 90 parking spaces instead of 116 parking spaces. The Committee noted the report of the Development & Technical Services Department, dated August 23, 2004, recommending this application be refused. In their report, staff advised there is an existing restaurant on the property, and plans have been submitted for a 2 storey mixed office building with retail ground floor units. Part of the new building will include 695 m2 of amenity area in the basement for existing employees. It is the opinion of staff that to reduce the number of parking spaces in an area that relies heavily on automobile traffic does not comply with the intent of the City's Municipal Plan. With respect to meeting the intent of the Zoning By-law, an increased amenity area in the basement would allow for an increase in office space in other areas of the building, which may have previously been considered for amenity area or meeting room space. There is also the possibility for future changes to the amenity space to convert to office, which would require more parking. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Ms. Dietrich addressed the Committee in response to the Development and Technical Services Department report and requested permission to amend the application. The owner is prepared to reduce the basement amenity area to 215.9 m2, which would require a total of 98 on-site parking spaces for this site. The owner can only provide 90 spaces. The remainder of the basement would be used for storage, and have a ceiling height lower than that required for human occupancy. Ms. Dietrich noted that it was not the intention of the owner to provide amenity area in this building prior to determining the need to construct the basement. None of the portion of the building above grade had ever been designed for amenity space, so no additional office space is contemplated. COMMITTEE OF ADJUSTMENT 11. 153 AUGUST 31, 2004 Submission No.: A2004-066 (Cont'd) Mr. B. Sloan stated that this lesser variance and is more reasonable to consider. The Committee agreed to consider an amendment to the application as outlined by Ms. Dietrich. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Peter DeGroot, Sunvest Realty Corp., requesting permission to provide 90 off-street parking spaces for a plaza which includes 215.9 m2 of amenity space in the basement, rather than the required 98 off-street parking spaces, on Lot 1 and Part Lot 2, Plan 959, 901 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the basement amenity area shall not exceed 215.9 m2. 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Carried A 2004-067 1508283 Ontario Ltd. 350 Westmount Road Plan 793, Part Lot 2, Registered Plan 1268, Part Lot 7, Registered Plan 58R-4532, Parts 58R-4532, Parts 1 & 2 Mr. Z. Janecki declared a pecuniary interest in this application as he is employed by the applicant's agent, and did not participate in any discussion or voting with respect to this application. Appearances: In Support: Mr. S. Patterson Contra: None Written Submissions: Mr. & Mrs. C. Watterworth The Committee was advised that the applicant is requesting permission to construct a building with a front yard setback of 3.5 m (11.48 ft) instead of 7.5 m (24.6 ft). The Committee considered the report of the Development & Technical Services Department, dated August 10, 2004, recommending approval of this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. The Committee considered the written submission of Mr. & Mrs. C. Waterworth, 127 Weichel Street, dated August 23, 2004, objecting to the construction of another building at 350 Westmount Road West until damages that occurred during the construction of Wendy's have been repaired and/or compensation has been made to all home owners that suffered damages to their property. In their written submission, Mr. & Mrs. Watterworth also complain about on-going noise created as a result of late night deliveries, and early morning garbage pick-up at Wendy's. COMMITTEE OF ADJUSTMENT 154 AUGUST 31, 2004 11. Submission No.: A2004-067 (Cont'd) Mr. Patterson appeared in support of this application, advising this property will be developed with a Williams Coffee Pub. He noted that although the land is in the same ownership as the Wendy's property, it has been severed; however, a new street number has not yet been assigned. He explained the drive-thru canopy is the only portion of the building which would be at variance. Mr. & Mrs. Watterworth addressed the Committee, in objection to this application, stating that 5 abutting properties encountered damages through the construction of Wendy's in 2001, and no compensation for these damages has been received. Further, the abutting residents experience excessive noise due to late night deliveries and garbage pick-up at the Wendy's property. Although noise complaints have been registered with the City of Kitchener, this problem still persists. The delegation then provided details of the damages to their property. The Chair explained this Committee's jurisdiction is limited to dealing with the requested variance of a reduced setback from Victoria Street for the canopy over a portion of the drive-thru. Mr. & Mrs. Watterworth did not offer any objection to the specific variance being requested. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 1508283 Ontario Ltd. requesting permission for a setback of 3.5 m (11.48 ft) from Victoria Street for a canopy over a portion of the drive-thru rather than the required 7.5 m (24.6 ft), on Part Lot 2, Registered Plan 793 and Part Lot 7, Plan 1268, being Parts 1 & 2, Reference Plan 58R-4532, 350 Westmount Road West, 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 Municipal Plan is being maintained on the subject property. Carried 12. Submission No.: Applicant: Property Location: Leqal Description: A 2004-068 Filippo Bartolo 52 Water Street North Part Lot 13, Re.qistered Plan 41 Appearances: In Support: Mr. F. Bartolo Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to allow an addition with a front yard setback of 2.47 m (8.1 ft) instead of 3.0 m (9.84 ft), and to permit 4 of the required parking spaces to be in tandem rather than independently accessible. The Committee considered the report of the Development & Technical Services Department, dated, August 19, 2004, recommending approval of an amended application. They advised the applicant is proposing a 2.38 m frontyard setback rather than the by-law requirement of 3 m. An incorrect measurement of 2.47 m for the frontyard is noted in the application. Further, the applicant requests permission for tandem parking; however, this variance is not required, as the zoning by-law permits tandem parking in the Downtown. COMMITTEE OF ADJUSTMENT 155 AUGUST 31, 2004 12. Submission No.: A2004-068 (Cont'd) At the request of Mr. Bartolo, the Committee agreed to consider amendments to the application as outlined in the Development &Technical Services Department report. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Filippo Bartolo requesting permission for an addition with a front yard setback of 2.38 m (7.8 ft) rather than the required 3.0 m (9.84 ft), on Part Lot 13, Registered Plan 41,52 Water Street North, Kitchener, Ontario, BE APPROVED, It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 13. Submission No.: Applicant: Property Location: Leqal Description: A 2004-069 Haastown Holdings (Kitchener) Inc. 120 Mansion Street Plan 79, Lots 41 & 42 Appearances: In Support: Mr. R. Gazzola Mr. P. de Haas Contra: Mr. J. Shivas Mr. L. Villemaire Ms. M. Roth Written Submissions: None The Committee was advised that the applicant is requesting permission for the following variances: · A side yard abutting Mansion Street for the existing building of 0.0 m (0.0 ft) instead of 6.0 m (19.68 ft) · A building height of 25.3 m (83.0 ft) instead of 24.0 m (78.74 ft) · A side yard abutting Mansion Street for the construction of new dwellings of 2.0 m (6.56 ft) instead of 6.0 m (19.68 ft) · A side yard abutting Locust Street for the construction of new dwellings of 0.0 m (0.0 ft) instead of 6.0 m (19.68 ft) The Committee considered the report of the Development & Technical Services Department, dated August 17, 2004, recommending approval of the application, subject to an amendment to the variance along Locust Street to request a 0.3 m setback rather than 0 m as outlined in the application. The Committee was in receipt of a memorandum from C. Bluhm, Planner, dated August 30, 2004, recommending approval of a further amendment to the application to permit a rearyard of 6.86 m for the proposed 6 storey lot conversion instead of 7.5 m. COMMITTEE OF ADJUSTMENT 156 AUGUST 31, 2004 13. Submission No.: A2004-069 (Cont'd) The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Mr. R. Gazzola & Mr. P. de Haas addressed the Committee advising their proposal is to convert existing buildings from industrial use to residential use. They advised the proposal is to construct 4 street facing townhouse units, with the 4th unit requiring a variance to the required setback from Locust Street. He requested permission to amend the application as recommended by staff. Several neighbours were in attendance and addressed the Committee advising that they met with the owners on-site. The owners have been reasonable, and although the neighbours would like to have the fourth townhouse unit removed, they are generally in support of the development, as shown on the site plan, and do not strenuously object to the fourth townhouse unit. Mr. Gazzola advised that the development of this property has been discussed many times; consequently, the design has evolved. Primarily the owners are restoring the existing building, but the project must be economically viable. He noted that the group of garages previously proposed for Locust Street has been removed from the design because of the neighbours' concerns. Additionally a fifth townhouse unit has been removed, and the height of the townhouses has been reduced from 2 storeys to one. Mr. Sloan stated that staff see this proposal as an exciting development, which will contribute to the stability of the neighbourhood. The property owner has made every effort to work with the neighbours, and the current proposal for the townhouses is compatible in scale with the height of the other residences in the area. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Haastown Holdings (Kitchener) Inc. requesting permission for a 6 storey loft conversion to have a sideyard abutting Mansion Street of 0.0 m (0.0 ft) rather than the required 12.0 m (39.3 ft), a rearyard along Chesnut Street of 6.86 m (22.5 ft) rather than the required 7.5 m (24.6 ft), and a maximum building height of 25.3 m (83 ft.) rather than the permitted 24 m (78.7 ft.), and permission for 4 townhouse dwellings to have a sideyard setback from Mansion Street of 2 m (6.56 ft.) rather than the required 4.5 m (14.76 ft.), and permission for the fourth townhouse unit to have a 0.3 m (0.98 ft.) setback from Locust Street rather than the required 4.5 m (14.76 ft.), on Part Lots 41 & 42, Registered Plan 79 and Part Lot 103, Registered Plan 157, 120 Mansion Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall apply to the development generally as shown on the plan titled "The Lofts on Mansion Street", dated July 29, 2004. 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 Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 157 AUGUST 31, 2004 14. Submission No.: Applicant: Property Location: Legal Description: A 2004-070 Brad Wanner 74 Calmcrest Drive Lot 100, Plan 1368 Appearances: In Support: Mr. K. Heintz Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a carport with a side yard setback of 0.46 m (1.5 ft) instead of 1.2 m (3.93 ft). The Committee considered the report of the Development & Technical Services Department, dated August 20, 2004, recommending approval of the application provided there is no fence or other attachment to the carport, any eavestrough does not encroach on the neighbours property, and all drainage is directed onto the applicant's property. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Mr. Heintz advised a fence already exists along the side lot line where the carport will be located, and a portion of the carport roof will extend over the deck. Staff clarified they are not opposed to the existing fence, provided no fence is attached to the carport posts. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Brad Wanner requesting permission to construct a carport, including a portion of the carport roof to extend over the rear deck, to have a side yard of 0.46 m (1.5 ft) rather than the required 1.2 m (3.93 ft), on Lot 100, Plan 1368, 74 Calmcrest Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variance as approved in this application shall apply to the carport generally as shown on the plans submitted with this application. There shall be no fence or other attachment to the carport, any eavestrough shall not encroach on the adjacent property, and all drainage shall be directed onto the applicant's property. 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 Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 158 AUGUST 31, 2004 15. Submission No.: Applicant: Property Location: Legal Description: A 2004-071 Betzner Brownstones Inc. 555 King Street East Plan 303, Part of Lots 64, 86, 87 & 88 Appearances: In Support: Mr. C. McNabb Mr. L. Brubacher Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a new building that extends 1.08 m (3.54 ft) into a corner visibility triangle, and stairs that have a maximum height above grade of 1.8 m (5.9 ft) within 3 m of a street line instead of a maximum height of 0.6 m (1.96 ft). The Committee considered the report of the Development & Technical Services Department, dated August 31, 2004, advising that the applicant has revised the concept plan for this proposal, and as part of the revision has reduced the obstruction into the corner visibility triangle, such that the building will extend approximately 0.5 m into the corner visibility triangle. Staff recommend that the application be amended accordingly, and the amended application be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 17, 2004, advising they have no concerns with this application. Mr. McNabb requested permission to amend the application as recommended by staff. When questioned by the Committee, he advised that all stairs on the outside of the building, on both the King Street and Betzner Avenue frontages, are at variance to the by-law. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Betzner Brownstones Inc. requesting permission to construct an apartment building that extends 0.5 m (1.64 ft) into the required corner visibility triangle, and to construct stairs with a maximum height of 1.8 m (5.9 ft) above grade within 3 m (9.8 ft.) of the King Street street line and the Betzner Avenue street line rather than the maximum permitted height of 0.6 m (1.96 ft), on Part Lots 64, 86, 87 & 88 and Part of Betzner Avenue Closed, Registered Plan 303, 555 King Street East Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 159 AUGUST 31, 2004 CONSENT Submission Nos.: Applicant: Property Location: Leqal Description: B 2004-036 Annemarie Hall & Peter Kaune 691 Hidden Valley Road Part Lot 6, Re.qistrar's Compiled Plan 1523 Appearances: In Support: Mr. P. Kaune Ms. L. Collin Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land from the rear of 691 Hidden Valley Road with an area of 1.37 ha (3.38 ac) and add the land to the adjacent property at 681 Hidden Valley Road. The Committee considered the report of the Development & Technical Services Department, dated August 10, 2004, advising the purpose of the application is to divide the property into two equal parts, and convey the rear portion as a lot addition to the abutting property at 681 Hidden Valley Road. No new lots will be created through this application. The application complies with the requirements of the City's Official Plan and Zoning By-law. In the report, staff request the imposition of two conditions should this application be granted: that the lands be conveyed as a lot addition, and any outstanding property taxes be paid. The Committee considered the comments of the Grand River Conservation Authority, dated August 25, 2004, advising they have no objection to this application, as there is sufficient area on both the remainder of the lot and the adjacent lot, with the addition of the severed lands, to redevelop outside the Grand River Conservation Authority's area of interest. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated August 30, 2004, advising this property falls within a drainage buffer and pre-1881 urban parcel, and is considered to have archeological potential. In accordance with the Region's Official Policies Plan, the completion of a detailed archeological assessment is required prior to final approval of this application. The Region further advises this property is within and contiguous to an Environmental Sensitive Policy Area Number 27 (Hidden Valley). The Region Official Policies Plan requires appropriate zoning be in place for Environmentally Sensitive Policy Areas, and to ensure protection of the ESPA, a Conservation Easement is required, until such time the lands are rezoned to an appropriate zoning. Following discussion, the Committee determined no new development is proposed through this lot addition, the intention of which is to convey land from a brother to his sister who owns the abutting property; consequently, the Region of Waterloo's requested conditions will not be imposed. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Annemarie Hall & Peter Kaune requesting permission to convey a parcel of land having an area of 1.37 ha (3.38 ac) at the rear of 691 Hidden Valley Road, as a lot addition to 681 Hidden Valley Road, on Part Lot 6, Registrar's Compiled Plan 1523, 691 Hidden Valley Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 160 AUGUST 31, 2004 1. Submission Nos.: B 2004-036 (Cont'd) That the lands to be conveyed in this application shall be added to the abutting lands at 681 Hidden Valley Road, and title shall be taken in identical ownership. Any subsequent conveyance of the parcel to be severed shall comply with subsections 50 (3) and/or (5) of the Planning Act. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 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 two years from the date of approval, being August 31,2006. Carried Submission Nos.: Applicant: Property Location: Leqal Description: B 2004-037 Ernest & Elfriede Hasold 132 Carson Drive Plan 865, Lot 20 Appearances: In Support: Ms. K. Dietrch Mr. & Mrs. Hasold Contra: None Written Submissions: None The Committee was advised that the applicants request permission to create a new lot with a width of 18.29 m (60.0 ft) and an area of 837 m2 (0.20 ac). The retained lands would have a lot width of 21.9 m (71.85 ft) and an area of 1007 m2 (0.24 ac). The Committee considered the report of the Development & Technical Services Department, dated August 20, 2004, recommending conditional approval of this application. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services dated August 26, 2004, advising they have no concerns with this application. Ms. Dietrich requested an amendment to Condition No. 1 in the Development & Technical Services Department report, to state "if required", as it is her understanding the requested service connections already exist. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Ernest & Elfriede Hasold requesting permission to convey a parcel of land having a width on Carson Drive of 18.29 m (60.0 ft), by a depth of 46.02 m (151 ft.), and having an area of 837 m2 (0.2 ac), on Part Lot 20, Registered Plan 865, 132 Carson Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 161 AUGUST 31, 2004 2. Submission Nos.: B 2004-037 (Cont'd) That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands, if required. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 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 two years from the date of approval, being August 31,2006. Carried Submission Nos.: Applicant: Property Location: Legal Description: B 2004-038 John Calvin Devries 603 Lancaster Street West Plan 577, Part Lot 4, Reference Plan 58R-12236, German Company Tract, Part 59 & 3 Submission Nos.: Applicant: Property Location: Legal Description: - and - B 2004-039 A. Ameen Ameen 605 Lancaster Street West Plan 577, Part Lot 4, Reference Plan 58R-12236, German Company Tract, Part 59 & 4 Appearances: In Support: Mr. J. DeVries Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to create a mutual driveway, part of which will be located on each of the two properties at 603 & 605 Lancaster Street West. COMMITTEE OF ADJUSTMENT 162 AUGUST 31, 2004 3. Submission Nos.: B 2004-038 & B 2004-039 (Cont'd) The mutual drive will have a length, on each property, of 18.3 m (60 ft.), and an overall width of 3.04 m (10 ft.), half of which will be on each property. The Committee considered the report of the Development & Technical Services Department, dated August 20, 2004, recommending approval of these applications. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, August 26, 2004, advising they have no concerns with this application, subject to the conveyance of a 13 ft. road widening to the Region. The Committee noted the comments of the Grand River Conservation Authority, dated August 23, 2004, advising they have no objections to these applications. They note a Fill, Construction and Alteration to Waterways Permit will be required for the construction of the driveway and any fill placement within the scheduled area. The Committee considered the road widening requested by the Region of Waterloo, and was of the opinion that to impose such a condition for a mutual driveway is not warranted. Submission No. B 2004-038 Moved by Mr. D. Angel Seconded by Mr. Z. Janecki That the application of John Devries requesting permission to give a right-of-way for a mutual driveway measuring 1.52 m (5 ft) by a depth of 18.3 m (60 ft) in favour of the property at 605 Lancaster Street West, on Part Lot 4, Plan 577 and Part Lot 59, German Company Tract, 603 Lancaster Street West, Kitchener, Ontario, BE GRANTED. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 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 two years from the date of approval, being August 31,2006. Carried Submission No. B 2004-039 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of A. Ameen Ameen requesting permission to give a right-of-way for mutual driveway having a width 1.52 m (5 ft) by a depth of 18.3 m (60 ft) in favour of the property at 603 Lancaster Street West, on Part Lot 4, Plan 577 and Part Lot 57, German Company Tract, 605 Lancaster Street West, Kitchener, Ontario, BE GRANTED, It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT 163 AUGUST 31, 2004 3. Submission Nos.: B 2004-038 & B 2004-039 (Cont'd) The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 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 two years from the date of approval, being August 31,2006. Carried ADJOURNMENT On motion, the meeting adjourned at 1:30 p.m. Dated at the City of Kitchener this 31st day of August, 2004. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment