HomeMy WebLinkAboutAdjustment - 1999-06-15COA\1999-06-15
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JUNE 15, 1999
MEMBERS PRESENT: Messrs. W. Dahms, P. Kruse and A. Galloway.
OFFICIALS PRESENT:
Mr. L. Masseo, Intermediate Planner, Mr. R. Parent, Traffic & Parking
Analyst and Ms. J. Billett, Secretary-Treasurer.
Mr. W. Dahms, Chair, called the meeting to order at 9:35 a.m.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the minutes of the regular meeting of the Committee of Adjustment of May 11, 1999, be
amended as follows:
· Page 132 to remove from the first line of Paragraph 1, respecting Submission Nos. B 25-27/99
inclusive and A 49/99, the word "law";
· Pages 138, 140 and 141 to remove the phrase "Seconded by Mr. A. Galloway" and replace
with the phrase "Seconded by Mr. S. Kay";
· Page 138 to remove from the second line of Paragraph 7 and the third line of Paragraph 9 the
words "No. B 25/99" and substitute therefore the words "Nos. B 25/99 to B 27/99";
Page 139 to remove from the second line of Condition 1 of the Decision respecting Consent
Application B 25/99 the words "subject to the owner providing" and substitute therefore the
words "unless the owner provides";
Page 140 and 141 to add as a condition to each of the respective Decisions for Consent
Applications B 26/99 and B 27/99, the following clause: 'That the owner shall complete an
archeological survey on the severed lands to the satisfaction of the Regional Municipality of
Waterloo'.
Carried
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the minutes of the regular meeting of the Committee of Adjustment of May 11, 1999, as mailed
to the members, and amended this date, be accepted.
Carried
UNFINISHED BUSINESS
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Le.qal Description:
A 23/99
Rudolph & Ernestine Polack
116 Cameron Street North
Part of Lot 16, Plan 124
Appearances:
COMMITTEE OF ADJUSTMENT 153 JUNE 15, 1999
In Support: None
1. Submission No.: A 23/99(Cont'd)
Contra: None
Written Submissions:
In Support: None
Contra: None
At the May 11, 1999, meeting of the Committee of Adjustment, members agreed to defer
consideration of this application to the meeting this date with direction to the Secretary to forward
a letter advising the applicant that if no one appeared in support of the application on June 15,
1999, the Committee would either dismiss or refuse the application. Notification was provided to
the applicant by way of a letter dated May 13, 1999.
The Chair noted that no one was present in support of this application and, as it has been before
the Committee on a number of occasions, inquired how the members wished to deal with the
application. Mr. P. Kruse stated that he was prepared to move dismissal of the application.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That, the owner having been given notice of this meeting and, as no one appeared in support of
this application, Submission No. A 23/99 is considered abandoned and is thereby dismissed.
Carried
CONSENT
1. a)
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 63/98
Kah-Wal Homes
178 Kingswood Drive
Part Block H, Re.qistered Plan 1246
b)
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 64/98
Kah-Wal Homes
180 Kingswood Drive
Part Block H, Re.qistered Plan 1246
c)
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 65/98
Kah-Wal Homes
182 Kingswood Drive
Part Block H, Re.qistered Plan 1246
Appearances:
In Support:
Mr. B. Walters
Kah-Wal Homes
3328 King Street East
Kitchener ON N2A 1B3
Contra:
None
Written Submissions:
In Support:
None
Contra: None
COMMITTEE OF ADJUSTMENT 154 JUNE 15, 1999
The Committee was advised that the applicant is requesting permission to convey three parcels
of land all having a frontage on Kingswood Drive of 5.94 m (19.49 ft.). In addition, the first parcel
Submission Nos.: B 63/98; B 64/98; B 65/98(Cont'd)
will have an area of 272.64 m2 (2,934.77 sq. ft.); the second parcel will have an area of 226.31 m2
(2,436.06 sq. ft.); and, the third parcel will have an area of 226.31 m~ (2436.06 sq. ft.). The
Committee was further advised that the proposed use of these parcels is for townhouse
dwellings.
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the subject applications affect a property at the intersection of Kingswood Drive
and Alpine Road, for which site plan approval has been granted for the construction of 7 street
townhouse dwellings. Three of the units are complete and have been severed under applications
B-60-62/98. A copy of the approved site plan is attached.
Building permits are imminent for units D, E, F and G.
All matters of site development, servicing and rear yard landscaping were imposed as conditions
of the site plan approval.
Staff have no concerns with the severance of these lots as the location of the dwelling units
thereon comply in all respects with the by-law.
The Department of Business and Planning Services recommends that Applications B-63-65/98
be approved subject to the following condition:
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Planning and Culture Department, Region of
Waterloo, in which they advised that Regional staff have no objection to the applications.
The Committee noted the comments of Kitchener-Wilmot Hydro in which they advised that they
request approval of the applications be subject to the following condition:
That the Applicant shall make satisfactory arrangements with Kitchener-Wilmot Hydro for
the provision of electrical servicing to the lands to be severed before the severance is
granted.
The Chair reviewed the comments with Mr. Walters and noted that the variances requested were
part of a previous submission that was being dealt with in stages. Mr. B. Walters stated that was
correct and advised that the foundations for the remainder of the development are now in,
building permits have been applied for and the project is now ready to proceed.
Submission No. B 63/98
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Kah-Wal Homes requesting permission to convey a parcel of land having
a frontage on Kingswood Drive of 5.94 m (19.49 ft.) and an area of 272.64 m~ (2,934.77 sq. ft.)
on Part Block H, Registered Plan 1246, 178 Kingswood Drive, Kitchener, Ontario, BE
GRANTED, subject to the following conditions:
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severance is granted.
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.
COMMITTEE OF ADJUSTMENT 155 JUNE 15, 1999
Submission Nos.:
B 63/98; B 64/98; B 65/98(Cont'd)
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 June 15, 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.
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.
Carried
Submission No. B 64/98
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Kah-Wal Homes requesting permission to convey a parcel of land having
a frontage on Kingswood Drive of 5.94 m (19.49 ft.) and an area of 226.31 m2 (2,436.06 sq. ft.)
on Part Block H, Registered Plan 1246, 180 Kingswood Drive, Kitchener, Ontario, BE
GRANTED, subject to the following conditions:
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severance is granted.
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 June 15, 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.
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.
Carried
Submission No.: B 65~98
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Kah-Wal Homes requesting permission to convey a parcel of land having
a frontage on Kingswood Drive of 5.94 m (19.49 ft.) and an area of 226.31 m2 (2,436.06 sq. ft.)
COMMITTEE OF ADJUSTMENT 156 JUNE 15, 1999
on Part Block H, Registered Plan 1246, 182 Kingswood Drive, Kitchener, Ontario, BE
GRANTED, subject to the following conditions:
1. Submission Nos.:
B 63/98; B 64/98; B 65/98(Cont'd)
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severance is granted.
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 June 15, 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.
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.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 73/98
M. S. Custom Contractors Limited
180 Zeller Drive
Part Lot 119, German Company Tract
The Chair advised the Committee that a request had been received from Mr. D. Bennett,
MacNaughton Hermsen Britton Clarkson Planning Limited, to defer the application to the August
17th meeting.
By general consent, it was agreed that consideration of the application would be deferred to the
meeting of August 17, 1999.
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 24/99
5711830 Ontario Limited
209 Kent Avenue
Part of Lot 10, Re.qistered Plan 404
The Chair advised the Committee that a request had been received from Ms. R. Levato,
Villemaire, Levato, to defer the application to the July 20th meeting.
By general consent, it was agreed that consideration of the application would be deferred to the
meeting of July 20, 1999.
CONSENT & MINOR VARIANCE
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 88/98 & A 106/98
The General Church of Canada
262 Dodge Drive
Part Lot 3, Beasley's New Survey
COMMITTEE OF ADJUSTMENT 157 JUNE 15, 1999
The Chair advised the Committee that a request had been received from Mr. R. Kauk,
Administrator, The General Church of Canada, to defer the applications to the September 14th
meeting.
Submission Nos.:
B 88/98 & A 106/98(Cont'd)
By general consent, it was agreed that consideration of the applications would be deferred to the
meeting of September 14, 1999.
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 2/99 & A 11/99
Frank Merli
258 Dodge Drive
Part Lot 2, Beasley's New Survey
Appearances
In Support:
Mr. B. Toderian
MacNaughton Hermsen Britton Clarkson Planning Limited
171 Victoria Street North
Kitchener ON N2H 5C5
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
for residential development. The lot will have a frontage on Dodge Drive of 36.76 m (120.61 ft.)
by a depth of 108.814 m (357.01 ft.). The applicant is also requesting permission for a lot width
for the severed land of 36.76 m (120.61 ft.) and for the retained lands of 40.38 m (132.48 ft.)
rather than the required 60 m (196.85 ft.) and a westerly sideyard for the existing house of 5 m
(16.41 ft.) rather than the required 7.5 m (24.69 ft.). The applicant has also applied to the
Department of Business & Planning Services for a Municipal Plan Amendment to allow for the lot
to have a private well rather than municipal water.
The Committee noted revised comments of the Department of Business & Planning Services in
which they advised that the subject lands are designated Limited Service Residential in the City's
Municipal Plan and are zoned Agricultural Zone (A-l) according to Zoning By-law 85-1. The
applicant is requesting consent to sever a new residential lot from the existing large residential lot
on Dodge Drive. The applicant is also requesting Minor Variances to reduce the required lot
width for both the severed and retained lands and to reduce the required side yard requirement
for the lands to be retained.
At the time of submission of the minor variance and consent applications, the Municipal Plan only
permitted the creation of new lots in the Limited Service Residential District with individual septic
systems and piped municipal water supply. Since piped municipal water is currently unavailable
to this property, the proposed severance could not be approved. The applications were
considered at the January 26, 1999 meeting of the Committee of Adjustment and deferred to
allow the applicant time to submit and receive approval of a Municipal Plan Amendment
application to enable the proposed severance.
Municipal Plan Amendment Application MP 99/1/D/LM, which adds a new policy to the Limited
Service Residential designation to permit infill severances on private water supply, was submitted
by the applicant. This Municipal Plan Amendment application was recommended for approval by
Planning and Economic Development Committee on May 25, 1999 and was adopted by
resolution of City Council on June 1, 1999. It is anticipated that the Municipal Plan Amendment
will be adopted by by-law and finally approved in the near future. Accordingly, consideration of
COMMITTEE OF ADJUSTMENT 158 JUNE 15, 1999
the consent application is appropriate, provided approval is conditional upon the required
Municipal Plan amendment receiving final approval under the Planning Act.
The applicant is requesting consent approval to sever a new infill property from the existing
property at 258 Dodge Drive. The A-1 zone requires a minimum lot width of 60 metres and a
minimum lot area of 0.4 hectares. Both the lot to be severed and the lot to be retained would
Submission Nos.: B 2/99 & A 11/99(Cont'd)
achieve the minimum lot area; however, the applicant is requesting a minor variance to reduce
the minimum lot width to 36.76 metres on the severed lot and 40.38 metres on the retained lot.
Further, the applicant is requesting a minor variance to reduce the minimum side yard
requirement on the retained lot from 7.5 metres to 5 metres.
The proposed severance is considered to be an infill situation and maintains appropriate lot areas
to provide private sanitary and water services. While neither the severed or retained parcels
would meet the minimum required lot width, both provide substantial frontages that are
considered to be in keeping with the surrounding area and similar to other existing lots within the
Limited Service Residential district. In addition, the requested variance to the side yard on the
retained parcel relates to the existing dwelling, currently owned by the applicant, and still allows
for a substantial separation of dwellings.
Accordingly, the requested variances are considered to be minor in nature, appropriate for the
development of the subject lands, and in keeping with the general intent of the Municipal Plan
and Zoning By-law.
The Department of Business and Planning Services recommends approval of Minor Variance
Application A 11/99.
The Department of Business and Planning Services recommends approval of Consent
Application B 2/99, subject to the following conditions:
1. That Municipal Plan Amendment No. 21 receive final approval.
2. That Minor Variance Application A 11/99 receive final approval.
That the Owner make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to City standards, of boulevard landscaping
including street trees, culvert, and a paved driveway ramp on the lands to be severed.
That the owner 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.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Director of Building in which he advised that the
existing septic system and well for the house on the retained parcel must also be on the retained
parcel. He also advised that the applicant must ensure that the septic tank and distribution piping
for the new and existing septic systems are a minimum of 3 metres from all property lines and a
septic permit is required for the new septic system which shall be obtained from the City of
Kitchener Building Division.
The Committee noted the comments of the Planning & Culture Department, Region of Waterloo,
in which they advised that Regional staff have been advised by the City of Kitchener staff that a
Municipal Plan Amendment is required for the proposed lot to determine the appropriateness of
private servicing. It is Regional staff's understanding that City staff are recommending that the
application be deferred until the Municipal Plan Amendment is considered. Regional staff concur
with City staff and recommend that B 2/99 be deferred pending consideration of a Municipal Plan
Amendment with respect to servicing. It is the opinion of Regional staff that the principal of
development cannot be determined until servicing issues are resolved.
COMMITTEE OF ADJUSTMENT 159 JUNE 15, 1999
If the application is considered at a future date, Regional staff advise that the subject lands have
a moderate to high potential for the recovery of archaeological remains. This assessment is
based on the proximity of the site to a watercourse and a white pine stand located near the site.
If the application is considered in the future, the owner will be required to have an archaeological
assessment completed on the lands prior to final approval of the application.
2. Submission Nos.:
B 2/99 & A 11/99(Cont'd)
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they recommend the application decision be deferred until the applicant has
satisfactorily addressed the resource concerns on the site. A Site Plan indicating the location of
all structures and septic system is required in conjunction with a scoped Environmental Impact
Statement that demonstrates that the development will not have an impact on the form and
function of the wetland and fisheries associated with Blair Creek. Through the ElS, an
appropriate buffer to the wetland should be established. The existing drainage function provided
by the swale on the lot must also be provided for.
Our mapping indicates that the lot contains a drainage swale that provides intermittent drainage
to the Blair Creek System. The site for development lies within the 120 metre "adjacent lands" to
a Provincially Significant Wetland. In order to site the development, a scoped Environmental
Impact Study is required. The Blair-BechteI-Bauman Subwatershed Study acts as a
comprehensive ElS for the area. The scoped study must address in more detail, the buffer
requirement for the wetland and the drainage functions. Upon the basis of the information
determined in the ElS, the development can then be sited appropriately.
An ElS is required for development within the "adjacent Lands to a Provincially Significant
Wetland." A minimum 30 metre buffer is required from Blair Creek to address setback
requirements under policy with regard to the cold water fishery.
The Chair reviewed the comments, noting that staff are recommending approval of the
applications subject to various conditions and, in addition, the Region is asking for a condition that
an archaeological assessment be undertaken and the Building Division is asking for conditions
with respect to the septic system. The Chair inquired of Mr. B. Toderian if he had any further
comments or concerns with respect to the comments. Mr. Toderian responded that he was in
agreement with Planning staff comments and the Building Division comments; however, he
wished to clarify that the minimum lot width of 36.76 m for the severed lands and 40.38 m for the
retained lands were estimated figures that had been prepared without benefit of a proper survey.
He stated that he wished to amend the applications to request permission for a minimum lot width
of 35 m to allow some flexibility to make adjustments in the event the original estimated figures do
not agree with the completed survey.
The Chair inquired of staff if they would have any concerns with reducing the minimum lot width
as requested and Mr. L. Masseo stated that staff would have no objection.
The Chair questioned if it was intended that only the minimum lot width on the severed lot be
reduced to 35 m and Mr. Toderian responded that he was asking for a reduced lot width of 35 m
on both the severed lot and the retained lot.
The Chair stated that the plans submitted with the application show a 5.5 m sideyard setback on
the west side of the lands to be retained and suggested that if the lot width was reduced from
40.38 m to 35 m this would result in a 0 sideyard setback on the westerly side of the retained
lands. Mr. B. Toderian stated that if the lot width were reduced the sideyard requirements would
still have to be met. Further, he pointed out that the westerly sideyard setback being requested
for the retained lands is 5 m.
The Chair noted that the frontage of the severed lot would also then be reduced to 35 m and
questioned what the applicant proposed for the frontage of the retained lot. Mr. Toderian
responded that he would propose a 35 m frontage for the retained lot as well but was prepared to
modify this frontage to 38 or 40 m. The Chair inquired if the total frontage of the lands was 77.13
m and Mr. Toderian responded that was correct.
COMMITTEE OF ADJUSTMENT 160 JUNE 15, 1999
Mr. P. Kruse questioned if it was necessary to set the lot width of the retained lands. He
suggested that if the 35 m minimum lot width was approved for the severed lot, along with a
westerly sideyard setback of 5 m on the retained land, the applicant would not be able to go lower
and still meet the sideyard requirements. Mr. L. Masseo responded that the Committee would
need to state the minimum lot width for the lands to be retained otherwise, once the conveyance
was completed, the retained lands would no longer be in compliance with zoning regulations.
2. Submission Nos.:
B 2/99 & A 11/99(Cont'd)
Mr. A. Galloway stated that the required minimum lot width for both the severed and retained
parcels was 60 m and if staff have no concerns with reducing the minimum lot width to 35 m on
both parcels he would have no concerns in approving the reduction.
Mr. Masseo responded that staff would not have any objections as the applicant would still be
required to maintain the sideyard requirements and it was believed that the applicant was simply
looking for some flexibility to make adjustments in accordance with the completed survey.
Mr. A. Galloway stated that he was prepared to move approval of the application with a reduced
lot width of not less than 35 m on both the severed and retained parcels, together with a westerly
sideyard setback of 5 m on the retained lands.
Mr. B. Toderian inquired if the approval would include the conditions of the Region and the Grand
River Conservaton Authority and stated that he was not in agreement with these conditions as he
deemed them to be excessive.
Following a review of the Grand River Conservation Authority comments, Mr. A. Galloway stated
that he was not prepared to move the applications without including the Region and the Grand
River Conservation Authority conditions. He stated that it was not up to this Committee to
consider the merits of the conditions being requested and, if the applicant was not in agreement,
the applicant should approach the agencies directly for relief of the conditions.
Mr. A. Galloway clarified that his motion to approve the applications would include conditions from
the Business and Planning Services Department, the Building Division, the Region and the Grand
River Conservation Authority.
Submission No. B 2~99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Frank Merli requesting permission to sever a parcel of land having a
frontage on Dodge Drive of not less than 35 m (114.83 ft.), by a depth of 108.814 m (357.01 ft.),
on Part Lot 2, Beasley's New Survey, 258 Dodge Drive, Kitchener, Ontario, BE GRANTED,
subject to the following conditions:
1. That Municipal Plan Amendment No. 21 shall receive final approval.
2. That Minor Variance Application A 11/99 shall receive final approval.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to City standards, of boulevard landscaping
including street trees, culvert, and a paved driveway ramp on the lands to be severed.
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.
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 retain the existing septic system and well for the existing house on
the retained parcel.
COMMITTEE OF ADJUSTMENT 161 JUNE 15, 1999
That the owner shall ensure that the septic tank and distribution piping for new and
existing septic systems are a minimum 3 m from all property lines.
That the owner shall obtain a septic permit required for a new septic system from the City
of Kitchener's Building Division.
Submission Nos.:
B 2/99 & A 11/99(Cont'd)
That the owner shall complete an archaeological survey on the severed lands to the
satisfaction of the Regional Municipality of Waterloo.
10.
That the owner shall complete a scoped Environmental Impact Study to the satisfaction of
the Grand River Conservation Authority.
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 June 15, 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.
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.
Carried
Submission No. A 11/99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Frank Merli requesting permission for a residential lot to be severed having
a minimum lot width of not less than 35 m (114.83 ft.), rather than the required 60 m (196.85 ft.);
and, a minimum lot width of not less than 35 m (114.83 ft.) on the lands to be retained, rather than
the required 60 m (196.85 ft.), together with a westerly sideyard setback of 5 m (16.41 ft.) on the
lands to be retained, rather than the required 7.5 m (24.69 ft.), on Part Lot 2, Beasley's New
Survey, 258 Dodge Drive, 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
are being maintained on the subject property.
Carried
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 3/99 & A 12/99
Mary Arlene Beckman
390 Pinnacle Drive
Part of Biehn's Unnumbered Tract
COMMITTEE OF ADJUSTMENT 162 JUNE 15, 1999
The Chair advised the Committee that a request had been received from Mrs. Mary Beckman to
defer the applications to the August 17th meeting.
By general consent, it was agreed that consideration of these applications would be deferred to
the meeting of August 17, 1999.
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
A 53/99
Dieter & Christa Bartke
1557 Highland Road West
Part Lot 38, German Company Tract
Appearances:
In Support:
Mr. P. Bartke
1557 Highland Road West
Kitchener ON N2N 3K4
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to construct a detached
garage (westerly sideyard) as an extension of use to the legal non-conforming single detached
dwelling.
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the applicant is requesting permission to construct a detached garage in the
westerly sideyard as an extension of use to the legal non-conforming single detached dwelling.
The property became legal non-conforming in 1959 when Township of Waterloo By-law 878A
came into effect. Under By-law 878A the use of the property for a single detached dwelling was
permitted, however, the lot did not meet the minimum lot size required. Furthermore, the zoning
on the property changed again in 1994 to C-6, which does not permit a single detached dwelling.
Since the use as a single detached dwelling has been continuous, the property maintains its legal
non-conforming status.
The applicant advises that a garage structure, which was located on the property, burnt down in
1998 and they would now like permission to rebuild.
According to the sketch submitted with the application, the proposed detached garage structure
would be setback 80 feet from the front property line and 2 feet from the side property line. The
actual garage is proposed to be 20 feet wide and 35 feet deep.
As a garage would not perpetuate the legal non-conforming use, the general intent and purpose
of the City's Zoning By-law and Municipal Plan will be maintained and the long-term development
of the property for commercial uses is not jeopardized.
The Department of Business and Planning Services recommends approval of Application A
53/99.
The Committee noted the comments of the Director of Building in which he advised that a building
permit is required to construct the new garage and there shall be no openings in the garage wall
located 2 feet from the property line.
COMMITTEE OF ADJUSTMENT 163 JUNE 15, 1999
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to this submission.
The Chair inquired of Mr. Bartke if he had an opportunity to review the comments and Mr. Bartke
responded that he had and that he had nothing further to add.
Mr. A. Galloway stated that, as the comments were in support of the application, he was prepared
to move approval of the application, subject to the conditions that the owner obtain a building
Submission No.: A 53/99(Cont'd)
permit prior to constructing the new garage and the wall to be located less than 2 ft. to the
property line shall have no openings.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Dieter & Christa Bartke requesting permission to construct a 6.09 m x
10.66 m (20 ft x 35. ft.) detached garage, (westerly sideyard), as an extension of use to the legal
non-conforming single detached dwelling, on Part Lot 38, German Company Tract, 1557
Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a building permit prior to constructing the new garage.
2. That the wall to be located less than 2 ft. to the property line shall have no openings.
It is the opinion of this Committee that:
1. 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
are being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
A 54/99
Harvey Kolb
892 Union Street
Lot 115, Re.qistered Plan 755, Lot
115A, Re.qistered Plan 805
Appearances:
In Support:
Mr. T. MacDonald
Madorin Snyder
P.O. Box 1234
235 King Street East
Kitchener ON N2G 4G9
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to legalize an existing
attached garage with a front yard setback of 4 m (13.12 ft.), rather than the required 6 m (19.68
ft.).
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the applicant is requesting permission to legalize an existing attached garage
with a front yard setback of 4 metres (13.12 ft) rather than the required 6 metres (19.68 ft).
COMMITTEE OF ADJUSTMENT 164 JUNE 15, 1999
The use of the subject property is for a single family dwelling which was built in 1953. At that
time, as indicated on the building permit, there existed a basement garage under the subject
dwelling.
After speaking with the applicant, staff has learned that at some time in the past the basement
garage was converted to living space and a carport was constructed in front of what was the
garage. As well, a wooden deck was constructed over the carport. As stated by the applicant,
Submission No.: A 54/99(Cont'd)
approximately four years ago he replaced the deteriorating wooden deck for safety purposes. At
the same time he also had a garage door added to enclose the carport, thus making into a
garage. There is no building permit for either the carport or the present garage. A recently
completed survey has made the owner aware that the garage does not meet the required 6 metre
setback.
It is noted that there is a deck over the garage. Staff recommends that the variance be amended
to also request permission to legalize the existing deck with a setback of 4 metres (13.12 ft) rather
than the required 4.5 metres (14.8 ft).
One of the intents of the 6 metre setback for garages or carports is to encourage a more
aesthetically appealing streetscape by requiring garages to be setback at least 6 metres. Staff
notes that the subject garage is partially below grade and has concrete retaining walls on both
sides, as it was once a driveway leading to a basement garage. It is noted that the main floor of
the house is constructed at a higher grade than street level and that the grading of the property is
such that the top of the garage is at the same level as the top of the grade leading to the house.
Aesthetically, the garage is not an imposing feature on the streetscape because of the extensive
front yard landscaping and grade change (see photocopy attached). Additionally, there is a deck
on top of the garage, which would lessen the impact of the garage being placed in front of the
required 6 metre setback.
The second purpose of the setback is to enable a second vehicle to be parked ahead of the 6
metre setback. In the existing situation, the distance from the front of the garage to the lot line
along Union Street is 4 metres (13 ft). Additionally, City records indicate that there is an
additional 1.2 metre (4 ft) to the sidewalk. This creates a paved area with a length of
approximately 5.18 metres (17 ft) for a second vehicle to park.
It is noted that the variance recognises an existing situation and there has been no complaints or
concerns raised by the neighbouring properties to this date. In fact, the garage is similar to the
construction of other garages on the street, some of which also have decks on top. Aesthetically,
the garage and deck fit into the neighbourhood and it appears that the requested variance does
not adversely affect the enjoyment of the abutting properties.
Based on the above comments, it is the opinion of staff that the requested variance is minor in
nature and the request maintains the general intent of the Zoning By-law and Municipal Plan and
is desirable for the appropriate development of the property.
The Department of Business and Planning Services recommends approval of Submission A
54/99, as amended to legalize the existing deck, and to legalize an existing garage as shown
on the drawing submitted by the applicant.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to this submission.
The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the
Traffic & Parking Division has reviewed this application and has no concerns or comments with
respect to this submission.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns.
COMMITTEE OF ADJUSTMENT 165 JUNE 15, 1999
The Chair reviewed the comments with Mr. T. MacDonald, noting that staff are recommending
that the application be amended to also request permission to legalize an existing deck with a
setback of 4 m rather than the required 4.5 m. Mr. MacDonald responded that he had reviewed
the comments and was in agreement with the requested amendment.
Submission No.:
A 54/99(Cont'd)
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Harvey Kolb requesting permission to legalize an existing attached garage
with a front yard setback of 4 m (13.12 ft.), rather than the required 6 m (19.68), and to legalize an
existing deck with a setback of 4 m (13.12 ft.), rather than the required 4.5 m (14.8 ft.), on Lot
115, Registered Plan 755 and Lot 115A, Registered Plan 805, 892 Union Street, Kitchener,
Ontario, BE APPROVED.
It is the opinion of this Committee:
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
are being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Legal Description:
A 55/99
1029010 Ontario Ltd.
1458 Weber Street East
Lots 164, 165, 166 & Part Lots 151,
Registered Plan 308
152,
159, 160, 167 & 168,
Appearances:
In Support:
Mr. T. Ferguson
102 Ruskview Road
Kitchener ON N2M 4S3
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to construct a deck to the
front of the existing restaurant with a front yard setback of 0 m, rather than the required 6 m
(19.68 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the applicant is requesting a reduction in the front yard setback from 6.0 metres
to zero metres to facilitate the construction of wood deck that will be used seasonally as an
outdoor patio for an existing restaurant and bar. Since Kinzie Avenue has the smallest lot width
facing a street, the yard adjacent to Kinzie Avenue is considered the front yard. In this regard the
application should be revised to refer to the yard adjacent to Weber Street as a side yard abutting
COMMITTEE OF ADJUSTMENT 166 JUNE 15, 1999
a street rather than a front yard. In addition, a reduction in the rear yard setback from 7.5 metres
to 3.0 metres is also required to facilitate the construction of the deck.
The applicant is proposing to construct a raised, pressure treated wood deck approximately 0.6
metres off the ground. In commercial zones, decks are subject to the same setback requirements
in the Zoning By-law as buildings are. However, the massing and size of the deck proposed is
substantially different to that of a building. The Zoning By-law includes special provisions for
decks located in residential and commercial-residential zones and consideration is being given to
implement similar regulations for commercially zoned properties. In this regard, the reduction in
Submission No.: A 55/99(Cont'd)
the setback requirement to facilitate the construction of a deck, 0.6 metres high, meets the
general intent and purpose of the Zoning By-law. The impact of the proposed deck is minor since
it is Iow to the ground.
The applicant does have the ability to put an outdoor patio in the side and rear yard if the patio is
at grade as there are no setback requirements for patios at grade. The applicant, however, has
requested the variance to allow the construction of a raised deck since he feels it will be more
aesthetically pleasing. In consideration of this, the variances to reduce the setbacks are desirable
for the appropriate use of the property.
The Department of Business & Planning Services recommends approval of Submission A 55/99,
as amended, subject to the deck not being greater than 0.6 metres above the finished grade.
The Committee noted the comments of the Director of Building in which he advised that a building
permit is required to construct the deck.
The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the
Traffic & Parking Division has reviewed this application and has no concerns or comments with
respect to this submission.
The Committee noted the comments of the Grand River Conservation Authority in which they
advise that they have no objections or concerns with respect to this submission.
The Chair reviewed the comments with Mr. Ferguson, noting that staff are recommending the
application be amended to refer to the yard adjacent to Weber Street as a sideyard abutting a
street rather than a frontyard and to include a reduction in the rearyard setback from 7.5 m to 3.0
m. He further pointed out that approval would be subject to the deck not being greater than 0.6 m
above the finished grade and that a building permit would be required. Mr. Ferguson stated that
he had reviewed the comments and had no concerns.
Mr. L. Masseo advised the Committee that staff wished to revise their comments as new
information respecting this property had been received from the City's Legal Department and
Enforcement Division. He stated that this property had been the subject of an earlier Minor
Variance Application that had been appealed to the Ontario Municipal Board. As a result of the
appeal, the OMB approved the application, subject to a Site Plan being completed and a
Development Agreement being entered into. He advised that the applicant did enter into a
Development Agreement but, to date, has not complied with the requirements. He asked that an
additional condition of approval be imposed to include that the applicant must comply with the
requirements of the Development Agreement, registered as Instrument No. 1259354, by no later
than August 15, 1999, otherwise the approval would become null and void.
Mr. L. Masseo pointed out that there have been a number of lot maintenance issues regarding
the property and it is of concern to the Legal Department that if this condition is not imposed there
will be no guarantee of compliance relative to the previous application.
Mr. T. Ferguson stated that he understood the request but was not in agreement with imposing
this condition. He stated that he felt this to be a different issue and pointed out that he had been
contacted by the Enforcement Division and given until July 15, 1999, to comply.
The Chair questioned that, as the property was the subject of a Site Plan which has not been
complied with, if no further development could take place. Mr. Masseo responded that was
COMMITTEE OF ADJUSTMENT 167 JUNE 15, 1999
correct and further advised that the Site Plan could not be amended as it was approved by Order
of the Ontario Municipal Board.
Mr. A. Galloway inquired if any of the deficiencies related to the current proposal. Mr. Masseo
responded that at the back of the property required landscaping has not been completed and the
existing Site Plan shows a garbage enclosure that would have to be relocated if the deck is
constructed. He stated that these are the main deficiencies, however, there may be other minor
ones as well.
3. Submission No.:
A 55/99(Cont'd)
Mr. T. Ferguson stated that the landscaping, as required, would interfere with existing parking
and snow removal. He further stated that the landscaped area would not be visible to the
neighbouring property and he did not see any value to his customers in placing sod in this area.
Mr. A. Galloway stated that there did not appear to be a great deal left to do to bring the site into
compliance; however, as there was a Development Agreement in place to ensure compliance he
did not feel that this should affect the current application.
The Chair noted that the Ontario Municipal Board has ordered that the site must be in compliance
and that imposing this condition was no different than any other conditions that may be required.
Accordingly, he felt the condition should be included.
Mr. T. Ferguson stated that he felt this was a separate issue and asked that it be dealt with
accordingly. The Chair advised Mr. Ferguson that staff do not agree that this is a separate issue
and have asked for approval conditional upon compliance by August 15, 1999.
Mr. P. Kruse inquired what was involved in bringing the site into compliance and Mr. Masseo
responded that he had not been on site but new that landscaping was required. He stated that he
was aware of neighbouring complaints of sand blowing through the fence where the landscaping
was to be placed. Further, he advised that the main concerns rest with the Legal Department and
Enforcement Division, in that, the applicant willing entered into the Development Agreement but
has not complied with its requirements and has indicated that he does not wish to comply. He
stated that this causes concern that another enforcement issue may arise if the new proposal is
approved without requiring the applicant to comply relative to the previous application.
Mr. P. Kruse stated that he was prepared to move approval of the application, subject to the
requirement that the deck not be greater than 0.6 m above the finished grade and that the
existing Development Agreement be complied with no later than August 15, 1999.
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of 1029010 Ontario Ltd. requesting permission to construct a deck to the
front of the existing restaurant with a side yard setback from Weber Street East of 0 m, rather
than the required 6 m (19.68 ft.), and a rear yard setback of 3.0 m (9.84 ft.), rather than the
required 7.5 m (24.61 ft.), on Lots 164, 165, 166 & Part Lots 151, 152, 159, 160, 167 & 168,
Registered Plan 308, 1458 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to
the following conditions:
That the owner shall comply with the requirements of a Development Agreement,
registered as Instrument No. 1259354, prior to August 15, 1999. No extension to such
deadline shall be granted, except with written authorization from the City's Principal
Planner.
2. That the deck shall not be greater than 0.6 m (1.96 ft.) above the finished grade.
3. That the owner shall obtain a building permit prior to constructing the new deck.
It is the opinion of this Committee that:
1. The variances requested in this application are minor in nature.
COMMITTEE OF ADJUSTMENT 168 JUNE 15, 1999
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
are being maintained on the subject property.
Carried
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
A 56/99 & 57/99
Monarch Construction Limited
3 Saddlewood Drive & 44 Saddlewood Drive
Lot 46, Registered Plan 58M-82 & Lot 54, Registered Plan 58M-83
Appearances:
In Support:
Mr. M. Van Dongen
Wyldwoods Community Inc.
cio Tribute Homes (KW)
180 King Street South, Unit 110
Waterloo ON N2J 1P8
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to construct a single
family dwelling having an attached covered porch with a side yard setback from Woodcrest Court
of 3.015 m (9.89 ft.), rather than the required 4.5 m (14.76 ft.); and to construct a single family
dwelling having an attached covered porch with a sideyard setback from Timber Ridge Court of
3.28 m (10.76 ft.), rather than the required 4.5 m (14.76 ft.).
The Committee noted the comments of the Department of Business & Planning Services as
follows:
Submission No. A 56~99
The subject lands are an undeveloped lot located at the southwest corner of Saddlewood Drive
and Woodcrest Court. The lands are designated Low Rise Residential in the City's Municipal
Plan and are zoned Residential Three Zone (R-3) according to Zoning By-law 85-1.
The applicant, Tribute Homes, is requesting approval of a minor variance application to permit
a covered porch within a side yard abutting a street having a setback of 3.105 metres from the
streetline. In order to provide an attractive streetscape within the subdivision, Tribute Homes
is offering covered, "wrap-around" porches as an architectural feature on the corner lots.
The Zoning By-law currently permits terraces, porches and decks within a side yard abutting a
street provided they are not enclosed and are setback a minimum of 3.0 metres from the
streetline. However, a covered porch has been interpreted as being "enclosed" for the
purposes of implementing the Zoning By-law, resulting in the need for approval of a minor
variance application.
The proposed covered porch is an architectural detail which will increase the habitable living
area which abuts the street and is considered a positive feature which will add to the sense of
community in the area. As part of a future amendment to the Zoning By-law, it is the intention
of the Department of Business and Planning Services to recommend changes to the By-law
that would enable covered porches within 3.0 metres of a streetline. This would then permit
similar architectural details without the need for a minor variance.
COMMITTEE OF ADJUSTMENT 169 JUNE 15, 1999
Based on the above, the proposed variance is considered to be minor in nature, appropriate
for the development of the subject lands, and in keeping with the general intent of the
Municipal Plan and Zoning By-law.
The Department of Business and Planning Services recommends approval of Minor Variance
Application A 56/99, to permit an enclosed porch within a side yard abutting a street, having a
setback of 3.015 metres from the streetline.
4. Submission Nos.:
A 56/99 & 57/99(Cont'd)
Submission No. A 57~99
The subject lands are an undeveloped lot located at the southwest corner of Saddlewood Drive
and Timber Ridge Court. The lands are designated Low Rise Residential in the City's
Municipal Plan and are zoned Residential Three Zone (R-3) according to Zoning By-law 85-1.
The applicant, Tribute Homes, is requesting approval of a minor variance application to permit
a covered porch within a side yard abutting a street and having a setback of 3.28 metres from
the streetline. As a streetscape improvement within the subdivision, Tribute Homes is offering
covered, "wrap-around" porches as an architectural feature on the corner lots.
The Zoning By-law currently permits terraces, porches and decks within a side yard abutting a
street provided they are not enclosed and are setback a minimum of 3.0 metres from the
streetline. However, a covered porch has been interpreted as being "enclosed" for the
purposes of implementing the Zoning By-law, resulting in the need for approval of a minor
variance application.
The proposed covered porch is an architectural detail which will increase the habitable living
area which abuts the street and is considered a positive feature which will add to the sense of
community in the area. As part of a future amendment to the Zoning By-law, it is the intention
of the Department of Business and Planning Services to recommend changes to the By-law
that would enable covered porches within 3.0 metres of a streetline. This would then permit
similar architectural details without the need for a minor variance.
Based on the above, the proposed variance is considered to be minor in nature, appropriate
for the development of the subject lands, and in keeping with the general intent of the
Municipal Plan and Zoning By-law.
The Department of Business and Planning Services recommends approval of Minor Variance
Application A 57/99, to permit an enclosed porch within a side yard abutting a street, having a
setback of 3.28 metres from the streetline.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to the submissions.
The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the
Traffic & Parking Division has reviewed these applications and has no concerns with the
proposed porches.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objection or concerns with respect to the submissions.
Mr. M. Van Dongen stated that Tribute Homes were constructing the two dwellings with wrap
around porches that will be covered. He pointed out that because the porches will be covered
they do not meet the zoning regulations and, therefore, a minor variance is required.
Mr. P. Kruse stated that, as there were no staff concerns, he was prepared to move approval
of the applications.
Submission No. A 56~99
COMMITTEE OF ADJUSTMENT 170 JUNE 15, 1999
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Monarch Construction Limited requesting permission to construct a single
family dwelling having an attached covered porch with a side yard setback from Woodcrest Court
of 3.015 m (9.89 ft.), rather than the required 4.5 m (14.76 ft.), on Lot 46, Registered Plan 58M-
82, 3 Saddlewood Drive, Kitchener, Ontario, BE APPROVED:
Submission Nos.: A 56/99 & 57/99(Cont'd)
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.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
are being maintained on the subject property.
Carried
Submission No. A 57/99
That the application of Monarch Construction Limited requesting permission to construct a single
family dwelling having an attached covered porch with a side yard setback from Timber Ridge
Court of 3.28 m (10.76 ft.), rather than the required 4.5 m (14.76 ft.), on Lot 54, Registered Plan
58M-83, 44 Saddlewood Drive, 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
are being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
A 58/99
Paula de Lorenzi
11 Agnes Street
Part of Lots 37 and 38, Re,qistered Plan 377
Appearances:
In Support:
Mrs. P. de Lorenzi
11 Agnes Street
Kitchener ON N2G 2E7
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to construct an addition
to the rear of the existing building, currently used as a surgical clinic, with a side yard setback of
COMMITTEE OF ADJUSTMENT 171 JUNE 15, 1999
0.94 m (3.1 ft.), rather than the required 1.2 m (4 ft.). The addition is intended to improve
accessibility for patients entering and exiting at the rear of the building.
The Committee noted the comments of the Department of Business and Planning Services in
which they advised that the owner is requesting permission to construct an addition to the rear
of the existing building with a side yard setback of 0.94 metres (3.1 feet) rather than the
required 1.2 metres (4 feet). The proposed addition would line up with the existing southerly
side yard setback of 0.94 metres from the public lane. The property is currently being used as
a surgical clinic and an accounting office and five parking spaces are provided for both uses.
Submission No.: A 58/99(Cont'd)
The addition of approximately 1.62 square metres (17.5 square feet) is intended to improve
accessibility for patients entering and exiting at the rear of the building and for safety reasons
as outlined in the attached covering letter.
The owner previously applied for and received approval from the Committee of Adjustment for
a Minor Variance Application (A 85/92) proposing the construction of a breezeway in the same
corner of the building. Minor Variance Application A 85/92 was made under the former
Commercial Manufacturing (C5) Zone according to Zoning By-law 4830. The breezeway was
never constructed and the property is now zoned Commercial Residential Two Zone (CR-2)
according to Zoning By-law 85-1. The applicant now wishes to proceed with the addition of the
breezeway and has submitted a new Minor Variance Application (A 58/99) under the current
Zoning By-law.
The proposed addition would extend the existing building along the side property line and
would not interfere with the operation of the site or the abutting property. Accordingly, the
requested variance is considered to be minor in nature, appropriate for the development of the
subject lands and in keeping with the general intent of the Municipal Plan and Zoning By-law.
Accordingly, the Department of Business and Planning Services recommends approval of
Minor Variance Application A 58/99.
The Department of Business & Planning Services recommends approval of Minor Variance
Application A 58/99.
The Committee noted the comments of the Director of Building in which he advised that a building
permit is required for new construction and a wall located less than 4 feet to the property line shall
have no openings; 1 hour fire rating; and, non-combustible cladding and construction.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to this submission.
The Chair inquired of Mrs. de Lorenzi if she had reviewed the comments and she responded that
she had and had nothing further to add.
Mr. A. Galloway stated that he was prepared to move approval of the application, subject to the
conditions noted in the comments of the Director of Building.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Paula de Lorenzi requesting permission to construct an addition to the rear
of the existing building, currently used as a surgical clinic, with a side yard setback of 0.94 m (3.1
ft.), rather than the required 1.2 m (4 ft.), on Part of Lots 37 and 38, Registered Plan 377, 11
Agnes Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. The owner shall obtain a building permit prior to constructing the new addition.
That the wall to be located less than 4 ft. to the property line shall have no openings; shall
have a 1 hour fire rating; and, shall have a non-combustible cladding and construction.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT 172 JUNE 15, 1999
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
are being maintained on the subject property.
Carried
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
A 60/99 & A 61/99
Grandview Homes
11 Hollyridge Crescent & 72 Hollyridge Crescent
Lot 53 & 78, Re.qistered Plan 58M-52
Appearances:
In Support:
Mr. G. Bostajian
23 Woodmans Court
Kitchener ON N2P 2B2
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission for a driveway setback
from Hidden Creek Drive and Hollyridge Crescent of 9 m (29.52 ft.), rather than the required 12 m
(39.37 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the applicant requests permission to reduce the distance between a driveway
and a street corner from 12m to 9m for two corner lots fronting Hollyridge Crescent. Lot 53 is at
the corner of Hollyridge Crescent and Hidden Creek Drive; Lot 78 is at the corner of two sections
of Hollyridge Crescent. Both streets have a road allowance width of 20m.
The by-law requires a 12m separation between the driveway and the corner because both streets
have 20m wide road allowances. In cases where the streets are 18m or 16m wide, the by-law
requires only a 9m separation.
The intent of the by-law is that a 12m separation be provided if the lot has frontage or flankage on
a major collector road; and that 9m is an appropriate separation for a lot which has frontage or
flankage on a minor collector road or a local street. Both Hidden Creek Drive and Hollyridge
Crescent are categorized as local streets and could have been developed with 18m road
allowances. The variances therefore maintain the general intent and purpose of the by-law and
Municipal Plan. The variances are desirable for the appropriate development and use of the
lands and the impact is minor as the 9m separation is not expected to create a traffic safety
problem, given the anticipated traffic volumes on both streets.
The Department of Business & Planning Services recommends approval of Submissions A 60/99
and A 61/99, without conditions.
The Committee noted the comments of the Director of Building in which he noted that the Building
Division has no concerns or comments with respect to the submissions.
The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the
Traffic & Parking Division has reviewed these applications and discussions with staff of the
Planning Division have led to our approval of the 9 meter setback, rather than the required 12
meter setback. While streets with a 20 meter road allowance require the 12 meter setback, the
COMMITTEE OF ADJUSTMENT 173 JUNE 15, 1999
intended function of both Hidden Creek Drive and Hollyridge Crescent are Iow volume local
streets. The proposed 9 meter setback is acceptable.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with the submissions.
Mr. A. Galloway asked for clarification from staff with respect to the required road allowance for
both Hidden Creek Drive and Hollyridge Crescent. Mr. L. Masseo responded that the standard
road allowance was 20 m; however, reductions of 16 to 18 m are allowed depending on how
these streets function and the number of residential units. He advised that both streets were
Submission Nos.: A 60/99 & A 61/99(Cont'd)
eligible to be developed at a reduced road allowance of 18 m and, following a review of the
functionality of these streets, it was felt that the variances as requested could be supported.
Submission No. A 60~99
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Grandview Homes requesting permission for a driveway setback from
Hidden Creek Drive of 9 m (29.52 ft.), rather than the required 12 m (39.37 ft.), on Lot 53,
Registered Plan 58M-52, 11 Hollyridge Crescent, Kitchener, Ontario, BE APPROVED.
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
are being maintained on the subject property.
Submission No. A 61/99
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
Carried
That the application of Grandview Homes requesting permission for a driveway setback from
Hollyridge Crescent of 9 m (29.52 ft.), rather than the required 12 m (39.37 ft.), on Lot 78,
Registered Plan 58M-52, 72 Hollyridge Crescent, 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.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
are being maintained on the subject property.
Carried
CONSENT
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 28/99 & B 29/99
Alpine Holdings Corporation
725 Ottawa Street
Block A, Re.qistered Plan 1246
COMMITTEE OF ADJUSTMENT 174 JUNE 15, 1999
Mr. A. Galloway declared a pecuniary interest in these applications as his firm is acting on behalf
of the applicants and did not participate in any discussion or voting with respect to the
applications. Mr. W. Dahms Chaired the meeting during consideration of these applications and,
pursuant to the Municipal Conflict of Interest Act, these applications were considered by the
remaining two members.
Submission Nos.:
B 28/99 & B 29/99(Cont'd)
Appearances:
In Support:
Mr. S. Head
Dryden, Smith & Head Planning Consultants Ltd.
54 Cedar Street North
Kitchener ON N2H 2X1
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to create two lots for
financing of proposed new construction as an expansion of use to the existing commercial plaza.
The two parcels are located on the subject lands to the east of the existing plaza. One parcel will
have an area of 13,203 m2 (142,120.56 sq. ft.) and the second an area of 2,634.5 m2 (28,358.45
sq. ft.). In addition, the applicant is requesting permission for a right-of-way to the benefit of the
two lots to be created for the purpose of providing driveway access.
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the applicant has submitted two applications to request two consents to
mortgage and consent for rights-of-ways for access over lands that are partially developed with
a commercial plaza. The consents to mortgage are on the vacant lands. Under consent
application B 28/99 the applicant is asking for consent to mortgage a portion of land that is
illustrated as Parts 4, 5 and 6 on the plan submitted with the application. The applicant has
also requested a right-of-way for access under this application. Under application B 29/99 the
applicant is asking for consent to mortgage a portion of land that is illustrated as Part 7 on the
plan submitted with the application. The applicant has made another request for a right-of-way
for access under this application as well.
To clarify the following right-of-ways for access are required:
Consent Application B 28/99: a right-of-way for access over Part 2 in favour of Parts 4, 5
and 6.
Consent Application B 29/99: a right-of-way for access over Part 2 and Part 5 in favour of
Part 7.
In addition, a right-of-way for access over Part 5 is required in favour of Parts 1, 2 and 3. The
application should be amended to reflect this.
In the event of a mortgage foreclosure, the subject land would become separated into three
different titles therefore each portion of the property must function independently. The right-of-
ways noted above would ensure continued access for all portions of the lot. Servicing must also
function independently for each site. The existing plaza has services from both Ottawa Street and
Alpine Street and as a result, a number of easements are required. The servicing plan attached
illustrates the easements required in favour of the portion of the property developed with the
existing plaza and illustrated as Parts 1, 2 and 3. To clarify, the applications should be further
COMMITTEE OF ADJUSTMENT 175 JUNE 15, 1999
amended to include six easements in favour of Parts 1, 2 and 3. Four easements in favour of Part
1, 2 and 3, over Parts 4, 5 and 6 are required for storm sewers, hydro, sanitary sewers and
watermains and two easements in favour of Parts 1, 2 and 3, over Part 7 are required for a storm
sewer and a watermain. The remaining lands will be individually serviced.
Each portion of the property must also comply with the Zoning By-law. The applicant submitted a
site plan at the Department's request to ensure that each portion of the site could meet the
minimum by-law requirements. It was identified, after reviewing the concept plan, that the
configuration of the consent lines should be revised to ensure compliance with the Zoning By-law,
should a foreclosure ever occur. The plan submitted illustrates a side yard setback of zero metres
Submission Nos.: B 28/99 & B 29/99(Cont'd)
whereas the Zoning By-law requires 3.0 metres. The applicant has agreed to amend the location
of the proposed mortgage boundaries to comply with the side yard setback requirement. The
attached plan dated June 9, 1999 illustrates the revised boundary of each application. The
Schematic Site plan attached illustrates a proposed concept but has no legal status. If proposed
building "C" and/or "D" are built, minor variances would be required for a reduction in the side
yard setback from 3.0 metres to zero metres on Parts 1, 2 and 3 and Parts 4, 5 and 6. All other
technical issues on the vacant lands will be addressed at the development stage through the site
plan approval process.
The Region has identified that the subject lands have a high potential for contamination based on
the property's historic use and as a result the owner will be required to undertake a site
assessment for the lands unless the Ministry of Environment and Energy advised that it is not
required.
The Department of Business & Planning Services recommends that Consent Applications B
28/99 and B 29/99 be approved, as revised, subject to the following conditions:
1. That the owner shall fulfil one of the following:
(a)
to undertake a site assessment for all of the lands in accordance with the
Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site
Condition, acknowledged by the Ministry of Environment and Energy shall be
provided to the City's Principal Planner; or
(b)
to provide a written acknowledgement from the Ministry of Environment and Energy
that a Record of Site Condition is not required.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
That a joint maintenance agreement, to be approved by the City Solicitor, be registered
against title of all three portions of the property, to ensure that rights-of-way for access to
all portions of the property and easements for servicing are maintained in perpetuity and
provide confirmation that said agreement has been registered against the title of all
portions of the property.
That the endorsement of mortgage under Consent Application B28/99 be completed
prior to the endorsement of mortgage under Consent Application B29/99 or
alternatively, that the endorsement of mortgage for both Consent Applications B28/99
and B29/99 be completed concurrently.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to the submissions.
The Committee noted the comments of the Planning and Culture Department, Region of
Waterloo, in which they advised that in accordance with the Region's delegated responsibilities to
comment on development applications on behalf of the Province (including the Ministry of
Environment), please be advised that the Region's Contaminant Sources Inventory identifies the
lands as having a high potential for contamination based on an historic use on the property.
Regional staff do not know if the contamination suspected on the lands would pose a health or
COMMITTEE OF ADJUSTMENT 176 JUNE 15, 1999
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.
Any further expansion or development to the existing plaza or the property will require the
submission of a traffic impact study to address the impacts of the additional traffic generated by
the development at the Ottawa Street access and at the intersection of Ottawa Street and Alpine
Road. The traffic study should be completed prior to approval of the consent application, or
alternatively, the owner can enter into an agreement to complete the study prior to development
of the site.
Submission Nos.: B 28/99 & B 29/99(Cont'd)
No road widening is required unless additional widening is required to accommodate road
improvements that may be required as a result of the traffic impact study. The owner will be
required to complete a lot grading plan and storm water management report prior to development
of the site. This requirement can be deferred until site plan as the Planning Act provides for the
Region to make this a condition of site plan approval.
Regional staff have no objection to the approval of B 28/99 and B 29/99, subject to the following
condition:
That the owner submit a traffic impact study to address the impacts of the additional traffic
generated by the development at the Ottawa Street access and at the intersection of
Ottawa Street and Alpine Road, prior to final approval of the consent applications.
The Committee considered the comments of Kitchener-Wilmot Hydro in which they advised that
they request approval of these applications be subject to the following conditions:
That the Applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the Applicant make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro before the severances are granted.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to the submissions.
Mr. S. Head advised that the purpose of these applications was to sever the mortgage for
financing of a proposed development that will occur on the site in two stages. He stated that no
land is being severed and the property will remain under the existing ownership. He pointed out
that the first phase of development is for a proposed restaurant use with the remaining
development to be determined. Mr. S. Head stated that originally it was proposed that the parcel
related to Consent Application B 28/99 have a frontage of 62.8 m and the parcel relating to
Consent Application B 29/99 have a frontage of 11.4 m and an area of 2,600 sq. ft. Following a
review of the site concept, he advised that staff required the smaller parcel to be larger to meet
parking requirements for the restaurant use. As a result, the applicant submitted a revised site
plan to include a frontage of 62.3 m, with an area of 12,578 m2, for Consent Application B 28/99
and a frontage of 28.5 m, with an area of 4,020 m2, for Consent Application B 29/99. He pointed
out that staff are in support of these changes.
Mr. S. Head further advised that he had concern with Condition No. 1 of the Planning staff report
which requires a site assessment respecting contaminants. In this regard, he submitted a copy of
an Environmental Assessment that has already been undertaken on the site and suggested that
this Assessment meets the requirements of Condition 1 (a). He advised that the Assessment
indicated there is no contamination on the site and, accordingly, he asked that the condition be
revised to indicate that the Record of Site Condition to be approved by the Ministry of
Environment and Energy be provided to the City only if required by the Ministry.
The Chair stated that the Committee was not in a position to weigh the merits of the Assessment
and questioned how the applicant felt this condition would impact upon the proposal. Mr. Head
responded that getting Ministry approval would take some time and the delay may place the
COMMITTEE OF ADJUSTMENT 177 JUNE 15, 1999
project in jeaporady. He stated that the Assessment already undertaken should be sufficient to
satisfy the Region, City and the Ministry.
The Chair requested staff to comment and Mr. L. Masseo responded that he could not comment
on the timing of Ministry approval; however, he stated that the Region has advised that a Site
Assessment is required. He stated that if the Assessment submitted this date has been done
properly all that remains to be completed is to obtain Ministry approval and, in his opinion, the
condition should remain.
1. Submission Nos.:
B 28/99 & B 29/99(Cont'd)
Mr. P. Kruse requested Mr. Head to clarify if he was asking for removal of the condition or a
revision. Mr. Head responded that he was asking that Condition 1 (a) be revised to insert the
words "if required" after the words "Ministry of the Environment and Energy". In this regard, the
Committee advised that they would agree to this revision.
The Chair referred to Condition No. 3 respecting the joint Maintenance Agreement and Mr. Head
pointed out that sanitary sewers and watermains at the back of the property cross over the
parcels being created and all three parcels will require access to the servicing.
The Chair inquired if the intent was to have reciprocal rights-of-way and Mr. Head responded that
all parcels will share a common driveway. Further, he advised that the parcels are being treated
separately, which requires separate laterals to be provided. He pointed out that servicing will be
provided separately from Alpine Road.
The Chair inquired if right-of-ways were required for vehicular access and Mr. Head responded
that this was not the case as the parcels are being treated separately and, as such, must function
as though they are separate parcels.
Submission No. B 28~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Alpine Holdings Corporation requesting permission to sever the mortgage
for the purpose of providing financing for a parcel of land having a frontage on Ottawa Street
South of 62.3 m (204.39 ft.), by a depth of 81.7 m (268.04 ft.), and having an area of 12,578 m2
(135,392.89 sq. ft.), on Part of Block A, Registered Plan 1246, 725 Ottawa Street South at Alpine
Road, BE GRANTED, subject to the following conditions:
That the owner shall convey a right-of-way for access over Part 2, Registered Plan 1246,
to the benefit of Parts 4, 5 and 6, Registered Plan 1246.
That the owner shall convey four separate easements over Parts 4, 5 and 6, Registered
Plan 1246, to the benefit of Parts 1,2 and 3, Registered Plan 1246, for the provision of the
following services: storm sewers, hydro, sanitary sewers and watermains.
That the owner shall convey a right-of-way for access over Part 5, Registered Plan 1246,
to the benefit of Parts 1,2 and 3, Registered Plan 1246.
4. That the owner shall fulfil one of the following:
a)
to undertake a Site Assessment for all of the lands in accordance with the
Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site
Condition, acknowledged by the Ministry of Environment and Energy, if required,
shall be provided to the City's Principal Planner; or
b)
to provide a written acknowledgement from the Ministry of Environment and Energy
that a Record of Site Condition is not required.
COMMITTEE OF ADJUSTMENT 178 JUNE 15, 1999
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 a joint Maintenance Agreement, to be approved by the City Solicitor, be registered
against title of all three portions of the property, to ensure that rights-of-way for access to
all portions of the property and easements for servicing are maintained in perpetuity and
provide confirmation that said Agreement has been registered against the title of all
portions of the property.
1. Submission Nos.:
B 28/99 & B 29/99(Cont'd)
That the endorsement of mortgage under Consent Application B 28/99 be completed prior
to the endorsement of mortgage under Consent Application B 29/99 or alternatively, that
the endorsement of mortgage for both Consent Applications B 28/99 and B 29/99 be
completed concurrently.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit a traffic impact study to address the impacts of the additional
traffic generated by the development at the Ottawa Street access and at the intersection of
Ottawa Street and Alpine Road, to the satisfaction of the Regional Municipality of
Waterloo.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being June 15, 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.
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.
Carried
Submission No. B 29~99
Moved by Mr. P. Kruse
Seconded by W. Dahms
That the application of Alpine Holdings Corporation requesting permission to sever the mortgage
for the purpose of providing financing for a parcel of land having a frontage on Ottawa Street
South of 28.5 m (93.5 ft.), by a depth of 81.7 m (268.04 ft.), and having an area of 4,027 m2
(43,347.68 sq. ft.), on Part of Block A, Registered Plan 1246, 725 Ottawa Street South at Alpine
Road, BE GRANTED, subject to the following conditions:
That the owner shall convey a right-of-way for access over Parts 2 and 5, Registered Plan
1246, to the benefit of Part 7, Registered Plan 1246.
COMMITTEE OF ADJUSTMENT 179 JUNE 15, 1999
That the owner shall convey two separate easements over Part 7, Registered Plan 1246,
to the benefit of Parts 1, 2 and 3, Registered Plan 1246, for provision of the following
services: storm sewer and watermains.
That the owner shall convey a right-of-way for access over Part 5, Registered Plan 1246,
to the benefit of Parts 1,2 and 3, Registered Plan 1246.
1. Submission Nos.:
B 28/99 & B 29/99(Cont'd)
4. That the owner shall fulfil one of the following:
a)
to undertake a Site Assessment for all of the lands in accordance with the
Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site
Condition, acknowledged by the Ministry of Environment and Energy, if required,
shall be provided to the City's Principal Planner; or
b)
to provide a written acknowledgement from the Ministry of Environment and Energy
that a Record of Site Condition is not required.
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 a joint Maintenance Agreement, to be approved by the City Solicitor, be registered
against title of all three portions of the property, to ensure that rights-of-way for access to
all portions of the property and easements for servicing are maintained in perpetuity and
provide confirmation that said Agreement has been registered against the title of all
portions of the property.
That the endorsement of mortgage under Consent Application B 28/99 be completed prior
to the endorsement of mortgage under Consent Application B 29/99 or alternatively, that
the endorsement of mortgage for both Consent Applications B 28/99 and B 29/99 be
completed concurrently.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit a traffic impact study to address the impacts of the additional
traffic generated by the development at the Ottawa Street access and at the intersection of
Ottawa Street and Alpine Road, to the satisfaction of the Regional Municipality of
Waterloo.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being June 15, 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.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
COMMITTEE OF ADJUSTMENT 180 JUNE 15, 1999
The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Carried
2. a)
b)
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 36/99
Rolf Sommer and Wendy Ann Sommer
96 South Drive
Lot 131, Re.qistered Plan 230
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 37/99
Gerold Boettcher and Inge Borg Boettcher
102 South Drive
Lot 132, Re,qistered Plan 230
Appearances:
In Support:
Mr. & Mrs. R. Sommer
96 South Drive
Kitchener ON N2M 4B7
Mr. G. Boettcher
102 South Drive
Kitchener ON N2M 4B7
Contra: None
Written Submissions:
In Support: None
Contra: None
The Committee was advised that the applicants are requesting permission to convey a parcel of
land, as a lot addition to the abutting property, having an area of 16.66 m2 (179.33 sq. ft.),
together with an easement to the benefit of 102 South Drive, for the purpose of providing
driveway access, and to convey a parcel of land, as a lot addition to the abutting property, having
an area of 17.96 m2 (199.32 sq. ft.), together with an easement to the benefit of 96 South Drive, to
accommodate an existing garage and driveway access.
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that applications have been submitted in order to facilitate minor lot adjustments and
create easements relating to two residential properties located at 96 South Drive and 102 South
Drive.
Application B 36/99 relates to the lands being part of 96 South Drive. The owners propose to
sever and convey part of an existing driveway to the owners of 102 South Drive who are currently
using said driveway, in addition to creating an easement over part of 96 South Drive for the
benefit of the occupants of 102 South Drive in order to have access to the side of a carport.
Application B 37/99 relates to the lands being part of 102 South Drive. The owner proposes to
sever and convey a parcel containing part of a garage and driveway now used by the occupants
of 96 South Drive, in addition to creating an easement over part of 102 South Drive for the benefit
of the occupants of 96 South Drive in order to have access to the side of said garage, as well as
reserving an easement for access to a carport located on 102 South Drive.
COMMITTEE OF ADJUSTMENT 181 JUNE 15, 1999
Submission B 36/99
The parcel of land intended to be severed from 96 South Drive and conveyed to 102 South Drive
is 16.66 square metres in size (shown as Part 4 on the draft reference plan). The lands presently
form part of an asphalt driveway used to access a carport attached to the dwelling at 102 South
Drive. At present, only the south half of the driveway serving 102 South Drive at the street line is
located on the 102 South Drive lands. The severance and conveyance of the subject lands is
considered appropriate in that it remedies an existing encroachment situation in which the
occupants of 102 South Drive need to drive across neighbouring property to access their carport.
2. Submission Nos.:
B 36/99; B 37/99(Cont'd)
The proposed easement to be located on 96 South Drive is 1.36 metres in width and located
immediately north of the carport on 102 South Drive (Part 5). The proposed easement is
considered appropriate in that it provides an area for access in order to maintain the carport.
Submission B 37/99
The parcel of land intended to be severed from 102 South Drive and conveyed to 96 South
Drive is 17.96 square metres in size, shown as Part 8 on the draft reference plan. The lands
presently contain part of a garage and driveway located on 96 South Drive. As with
Submission B 36/99, the severance and conveyance of the subject lands is considered
appropriate in that it also remedies another undesirable encroachment situation in which the
occupants of 96 South Drive need to drive across neighbouring property to access their garage
for maintenance reasons.
Two easements are proposed as part of the application. Part 7 is intended for the purpose of
providing a 1.5 metre easement for the occupants of 96 South Drive over 102 South Drive for
access to their garage, for maintenance purposes. The other easement, over Part 6 is to be
reserved over part of the land to be conveyed to 96 South Drive. The easement is required for
access to the carport on 102 South Drive. The proposed easements are considered
appropriate in that they provide access for maintenance purposes for both properties.
In conclusion, the proposed severance applications and easements are considered good
planning and rectify an existing undesirable situation for both 96 and 102 South Drive. The
Department of Business and Planning Services therefore recommends that Applications B 36/99
and B 37/99 be approved.
The Department of Business & Planning Services recommends that Applications B 36/99 and B
37/99 be approved, each subject to the following conditions:
That the lands to be severed be added to the abutting lands and title taken in identical
ownership as the abutting lands, described as Lot 132, Plan 230. Any subsequent
conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the
Planning Act, 1996.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding taxes and/or local improvement charges in respect of 96 South Drive and 102
South Drive.
That the owners of 96 South Drive and 102 South Drive enter into agreements, to be
approved by the City Solicitor, which will ensure easements as proposed under
applications B 36/99 and B 37/99 for access purposes are maintained in perpetuity, and
provide confirmation that said agreements have been registered against title of both
properties.
The Committee noted the comments of the Director of Building in which they advised that the
Building Division has no concerns or comments with respect to the submissions.
COMMITTEE OF ADJUSTMENT 182 JUNE 15, 1999
The Committee noted the comments of the Planning & Culture Department, Region of Waterloo,
in which they advised that staff have reviewed the above noted applications and have no
concerns.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to the submissions.
The Chair reviewed the comments, noting that staff are recommending approval of the
applications subject to several conditions. The Chair inquired of Mr. R. Sommer and Mr. G.
Boettcher if they had reviewed the comments and both responded that they had and had nothing
further to add.
Submission Nos.: B 36/99; B 37/99(Cont'd)
The Chair inquired if Part 4, as shown on the survey, was being added to 102 South Drive with
benefit of an easement over Part 5, and Parts 6 and 8 were being added to 96 South Drive with
Benefit of an easement over Part 7. Mr. Sommer and Mr. Boettcher stated that was correct.
The Chair further inquired what was taking place with Parts 1 and 2, located on the south side of
102 South Drive, and Mr. Boettcher responded that Parts 1 and 2 were not part of his submission.
Submission No. B 36~99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Rolf and Wendy Ann Sommer requesting permission to convey a parcel of
land, as a lot addition to the abutting property, having an area of 16.66 m2 (179.33 sq. ft.), subject
to and together with an easement over Part 5, Registered Plan 230, to the benefit of 102 South
Drive, for the purpose of providing driveway access, on Lot 131, Registered Plan 230, 96 South
Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the lands to be severed be added to the abutting lands and title taken in identical
ownership as the abutting lands, described as Lot 132, Plan 230. Any subsequent
conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the
Planning Act, 1996.
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding taxes and/or local improvement charges in respect of 96
South Drive and 102 South Drive.
That the owners of 96 South Drive and 102 South Drive shall enter into agreements, to be
approved by the City Solicitor, which will ensure easements as proposed under
Applications B 36/99 and B 37/99 for access purposes are maintained in perpetuity, and
provide confirmation that said agreements have been registered against title of both
properties.
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 June 15, 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.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
COMMITTEE OF ADJUSTMENT 183 JUNE 15, 1999
=
=
The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Carried
Submission No. B 37~99
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Gerold and Inge Boettcher requesting permission to convey a parcel of
land, as a lot addition to the abutting property, having an area of 17.96 m 2 (199.32 sq. ft.), subject
to and together with an easement over Part 7, Registered Plan 230, to the benefit of 96 South
Submission Nos.: B 36/99; B 37/99(Cont'd)
Drive to accommodate access to an existing garage and for maintenance purposes, together with
an easement to be reserved over Part 6, Registered Plan 230, to the benefit of 102 South Drive
for access to an existing carport, on Lot 132, Registered Plan 230, 102 South Drive, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
That the lands to be severed be added to the abutting lands and title taken in identical
ownership as the abutting lands, described as Lot 132, Plan 230. Any subsequent
conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the
Planning Act, 1996.
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding taxes and/or local improvement charges in respect of 96
South Drive and 102 South Drive.
That the owners of 96 South Drive and 102 South Drive enter into agreements, to be
approved by the City Solicitor, which will ensure easements as proposed under
Applications B 36/99 and B 37/99 for access purposes are maintained in perpetuity, and
provide confirmation that said agreements have been registered against title of both
properties.
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 June 15, 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.
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.
Carried
Submission No.:
Applicant:
Property Location:
Legal Description:
B 38/99
Wyeth-Ayerst Canada Inc.
209 Manitou Drive
Lot 23, Lane Part Lot 192, Registered Plan 1498
Appearances:
In Support: Andrew Lapstra
COMMITTEE OF ADJUSTMENT 184 JUNE 15, 1999
14 Huntingdale Drive
Kitchener ON N2A3K5
Contra: None
Written Submissions:
In Support: None
Contra: None
3. Submission No.:
B 38/99(Cont'd)
The Committee was advised that the applicant is requesting permission to convey a parcel of
land, as a lot addition to the abutting property, for the purpose of future parking, having an area of
500.24 m2 (5,384.8 sq. ft.).
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the subject lands, consisting of two separate properties, are located
approximately mid block between Bleams Road and Sasaga Road. Both properties are
designated as Heavy Industrial in the City's Municipal Plan and are zoned Heavy Industrial Zone
(M-4) according to Zoning By-law 85-1.
The applicant is requesting permission to convey a parcel of land from 209 Manitou Drive, having
an area of 500.24 m2 (5,384.8 sq.ft.), as a lot addition to the abutting property at 70 Ontonabee
Drive. The intent of the consent application is to provide additional off-street parking at 70
Otonabee Drive.
In 1998, a consent application was submitted to sever the property at 209 Manitou Drive to
create three new parcels. Two parcels were to have frontage on Otonabee Drive while the
remaining two lots were to have frontage on Manitou Drive. The owner has now decided not to
proceed with the previous severance and is now proposing to develop a 10,000-15,000 square
foot expansion at the northwest corner of the existing building, along with additional parking
and two points of access to Otonabee Drive. The proposed development at 209 Manitou Drive
includes conveying land to 70 Otonabee Drive for additional parking. With the current
development proposal, all zoning and parking requirements will still be maintained for the
severed and retained lands. All municipal concerns relating to 209 Manitou Drive will be
addressed through a future Site Plan Application.
The addition of land to 70 Otonabee Drive will generally increase the side yard setback and
allow for additional, non-required parking. Although the new lot will have a slightly irregular
shape, in context of its proposed use, the Department deems the proposal to be appropriate.
Accordingly, the Department of Business and Planning Services recommends approval of
Consent Application B 38/99.
The Department of Business & Planning Services recommends approval of Consent
Application B 38/99, subject to the following conditions:
That the lands to be severed be added to the abutting lands and title be taken in identical
ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, 1996.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to this submission.
COMMITTEE OF ADJUSTMENT 185 JUNE 15, 1999
The Committee noted the comments of the Planning and Culture Department, Region of
Waterloo, in which they advised that they have no objection to the approval of the above noted
application.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objection or concerns with respect to this submission.
The Chair reviewed the comments with Mr. A. Lapstra and Mr. Lapstra advised that he had
received the comments and had nothing further to add.
Moved by Mr. P. Kruse
Seconded by Mr. A. Galloway
That the application of Wyeth-Ayerst Canada Inc. requesting permission to convey a parcel of
land, as a lot addition to the abutting property, for the purpose of future parking, having an area of
Submission No.: B 38/99(Cont'd)
500.24 m2 (5,384.8 sq. ft.), on Lot 23, Lane, Part Lot 192, Registered Plan 1498, 209 Manitou
Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the lands to be severed be added to the abutting lands and title be taken in identical
ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, 1996.
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 two years from the date of approval, being June 15, 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.
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.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 39/99
Rogers Cablesystems Limited
85 Grand Crest Place
Lots 1,2,3,4 & 5, Re.qistered Plan 1420
Appearances:
In Support:
Ms. P. Lombardi
Zelinka Priamo Ltd.
1240 Commissioners Road West, Suite 206
London ON N6K 1C7
Contra:
None
Written Submissions:
COMMITTEE OF ADJUSTMENT 186 JUNE 15, 1999
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to convey a parcel of
land, as a lot addition to an adjacent property located on Wabanaki Drive, for the purpose of
providing additional parking and having an area of 2,844.40 m2 (30,617.86 sq. ft.)
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the subject lands are located at 85 Grand Crest Place and the property is
designated as General Industrial in the City's Municipal Plan and zoned General Industrial Zone
(M-2) according to Zoning By-law 85-1.
Submission No.:
B 39/99(Cont'd)
The applicant is requesting permission to convey a parcel of land, having an area of 2,844.40 m2
(30,617.86 sq. ft.), to an adjacent property located on Wabanaki Drive, for the purpose of
providing additional parking.
The property to be conveyed is currently a grassed area used by Rogers Cablesystems for the
storage of vans. There are no buildings and structures existing or proposed on the severed
lot. The lands to be severed will be added to the abutting lot owned by Team Truck and will be
used for additional parking for the existing use.
All zoning and parking requirements are maintained for the severed and retained lands.
Accordingly, the Department of Business and Planning Services recommends approval of
Consent Application B 38/99, subject to the following conditions:
That the lands to be severed be added to the abutting lands and title be taken in identical
ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, 1996.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
That the applicant receive final approval of a revised site plan for the retained lands,
showing the reduction in lot area, prior to September 15, 1999. No extension to this
completion date shall be granted unless approved in writing by the City's Principal Planner
prior to the completion date set out in this decision.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to this submission.
The Committee noted the comments of the Planning & Culture Department, Region of Waterloo,
in which they advised that they have no objection to the approval of the above noted application.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to this submission.
The Chair reviewed the comments with Ms. P. Lombardi and Ms. Lombardi advised that she had
received the comments and had nothing further to add.
Moved by Mr. A. Galloway
Seconded by Mr. P. Kruse
That the application of Rogers Cablesystems Ltd. requesting permission to convey a parcel of
land, as a lot addition to an adjacent property known municipally as 599 Wabanaki Drive, and
having an area of 2,844.40 m2 (30,617.86 sq. ft.), for the purpose of providing additional parking,
on Lots 1, 2, 3, 4 and 5, Registered Plan 1420, 85 Grand Crest Place, Kitchener, Ontario, BE
GRANTED, subject to the following conditions:
COMMITTEE OF ADJUSTMENT 187 JUNE 15, 1999
That the lands to be severed be added to the abutting lands and title be take in identical
ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, 1996.
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 receive final approval of a revised site plan for the retained lands,
showing the reduction in lot area, prior to September 15, 1999. No extension to this
completion date shall be granted unless approved in writing by the City's Principal Planner
prior to the completion date set out in this decision.
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.
Submission No.: B 39/99(Cont'd)
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 June 15, 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.
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.
Carried
CONSENT & MINOR VARIANCE
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 30/99 - B 35/99 and A 59/99
Patricia & Reinhold Kauk
442 Caryndale Drive
Part Lot 8, Biehn's Tract
Mr. A. Galloway declared a pecuniary interest in these applications as his firm acts on behalf of a
neighbouring property owner who has a cost sharing agreement with the owners of 442
Caryndale Drive and did not participate in discussion or voting with respect to these applications.
Mr. W. Dahms Chaired the meeting during consideration of these applications and, pursuant to
the Municipal Conflict of Interest Act, these applications were considered by the remaining two
members.
Appearances:
In Support:
Mr. R. Kauk
442 Caryndale Drive
Kitchener ON N2G 3W5
Mr. S. Head
Dryden Smith & Head Planning Consultants Ltd.
54 Cedar Street North
Kitchener ON N2H 2X1
Contra:
None
Written Submissions:
COMMITTEE OF ADJUSTMENT 188 JUNE 15, 1999
In Support: None
Contra: None
The Committee was advised that the applicant is requesting permission to create six new lots by
severing six parcels of land and retaining a parcel of land, having an area of 2,834.64 m2
(30,512.81 sq. ft.). Three of the six new lots are to be located on the north side of the retained
lands, each having an area of 1,602 m2 (17,244.34 sq. ft.) and the remaining three new lots are to
be located on the south side of the retained lands, each having an area of 1,513 m~ (16,286.33
sq. ft.). The applicant is also requesting permission for each of the six new lots to have a frontage
of 22.25 m (73 ft.), rather than the required 23.77 m (78 ft.).
The Committee noted the comments of the Department of Business & Planning Services in which
they advised that the subject property is located on the east side of Caryndale Drive between
1. Submission Nos.:
B 30/99 - B 35/99 and A 59/99(Cont'd)
Chapel Hill Drive and Evenstone Avenue. The land is approximately 1.26 hectares (3.12 acres)
in size and contains a two storey dwelling.
The owners propose to sever and create six residential lots from the existing property. The
existing single detached dwelling would remain on the retained lot. Three new lots would be
situated immediately to the north of the retained lot and three new lots would be situated
immediately to the south. The owner has also applied for minor variance approval to permit the
proposed six new lots to have a lot width of 22.25 metres (73 feet) rather than the required 24
metres (78 feet).
The subject property contains a single detached dwelling currently listed under the City's
Inventory of Heritage Buildings. The owners who reside in the dwelling have no intention of
demolishing the 125 year old building. The property is very densely covered with trees
throughout the entire property. The property also lies fairly Iow below the elevation of Caryndale
Drive with some undulations throughout the lands. The owner has commenced removing shrubs
and certain trees as a result of proposed fill to be brought in and required regrading of the land.
The subject lands are surrounded to the immediate north, east and south with existing single
family residential dwellings.
Across Caryndale Drive to the west is an area of land presently vacant, although a Plan of
Subdivision (30T-87033) is proposed on these lands which received City Council approval in
1995. The owner has also retained Stantec Consulting Limited who are currently the engineering
consultants of the developer of the Hearthwood Caryndale Developments Inc, the subdivider
across Caryndale Drive to the west. Stantec is preparing and providing engineering services to
the applicant with the intent that these lands be considered for servicing in conjunction with the
development of the lands across Caryndale Drive. The subdivider, Hearthwood Caryndale
Developments, have recently filed a modification to their previously approved subdivision and are
intending to start servicing their lands later this summer. The applicant wishes to tie in with the
timing of the lands across the street and cost share with the installation of servicing across their
Caryndale Drive frontage.
The subject land is zoned R-2 which provides for a minimum frontage of 24 metres (78 feet). The
applicant has filed a minor variance application to slightly reduce the frontage to 22.25 metres (73
feet) and allow for three equal lots to be created on both the north and south sides of the
proposed retained lot. The lots will be facing lots of 24 metres across the street in the
Hearthwood subdivision. The Kauk's land will have a much larger lot depth of approximately 70
metres (230 feet) and a much larger lot area of approximately 1,500 square metres (16,150
square feet) than the minimum 929 square metres (10,000 square feet) proposed on the lots by
Hearthwood Caryndale Developments on the west side of Caryndale Drive. Both developments
will be compatible with the existing lot sizes in the abutting Caryndale Community. In light of the
proposed larger lot area for the severed lots and the slightly reduced variance for lot width, the
department is prepared to support the minor variance application. The proposed retained lot will
have a frontage of 41 metres (134.5 feet) and a lot area of 3023 square metres (32,544 square
feet).
COMMITTEE OF ADJUSTMENT 189 JUNE 15, 1999
The proposed development is supported by staff on the premise that the Hearthwood lands
across Caryndale Drive are proceeding to be developed in the near future and full municipal
services will then be available to the subject lands.
The Department of Business and Planning Services recommends that Minor Variance Application
A 59/99 be approved, without conditions, and Consent Applications B 30/99 to B 35/99 be
approved, subject to the following conditions:
1. That Minor Variance Application A 59~99 receive final approval.
That the owner make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
1. Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
That the owner submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
That the owner convey to the City of Kitchener, without cost and free of encumbrance, a
3.96 metre road widening along the property's entire Caryndale Drive frontage.
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
The Committee noted the comments of the Director of Building in which he advised that the
Building Division has no concerns or comments with respect to this submission.
The Committee noted the comments of Kitchener-Wilmot Hydro in which they advised that
approval of these applications be subject to the following conditions:
That the Applicant make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the Applicant make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro before the severances are granted.
The Committee noted the comments of the Grand River Conservation Authority in which they
advised that they have no objections or concerns with respect to this submission.
The Chair reviewed the comments with Mr. R. Kauk, who advised that he had no concerns with
staff comments. Mr. Kauk inquired, however, if any comments had been received from the
Region.
The Secretary advised the Committee that she had not received any comments from the Region.
Mr. L. Masseo advised that he was in receipt of comments from the Region, who is asking for a
condition of approval with respect to an archaeological assessment.
The Chair inquired if the Region had changed its practice in sending its comments to Planning
staff rather than the Secretary to the Committee. Mr. Masseo responded that he was unaware of
any change in practice and that what he had received was a copy of a fax addressed to both the
Secretary and the Principal Planner.
COMMITTEE OF ADJUSTMENT 190 JUNE 15, 1999
Mr. Kruse suggested that the Secretary contact the Region to determine what had occurred and
ensure that the Region's comments are forwarded to the Secretary. The Secretary agreed to
follow this course of action.
The Committee then reviewed the comments of the Regional Planning & Culture Department in
which they advised that this site exhibits a high potential for the recovery of archaeological
remains due to this site's proximity to a natural water source and evidence of historic structures in
the area. The owner will be required to submit an archaeological assessment prior to final
approval of the above noted applications.
Regional staff have no objection to the approval of B 30/99 to B 35/99, subject to the following
condition:
1. That the owner submit an archaeological assessment prior to final approval of the consent
applications.
Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
The Chair inquired if Mr. Kauk had anything further to add and Mr. Kauk advised that he had
been previously advised of the Region's request for an archaeological assessment and had no
concerns with this condition.
Mr. S. Head advised the Committee that his firm represents the property owner across the street,
who will be providing the servicing for the subject lands. He stated that the applicant and his
clients have entered into an agreement for servicing which should satisfy Condition No. 3, as
noted in staff's report.
The Chair inquired if the applicant was in agreement with Condition 3 and Mr. Head responded
that he was; however, the services were to be provided by his clients contractors.
Mr. P. Kruse stated that the Committee did not need to concern itself with how the applicant
fulfilled the conditions, as long as they were fulfilled. However, he thanked Mr. Head for providing
this information.
Mr. P. Kruse advised that he was prepared to approve the applications, subject to the conditions
requested by the Department of Business & Planning Services, Kitchener-Wilmot Hydro and the
Region.
With regard to the Region's comments, the Chair requested that the Secretary, in contacting the
Region, indicate that if the comments are not received by the Secretary in future the Committee
may chose not to consider them.
Submission No. B 30~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,602 m2 (17,244.34 sq. ft.), and located on the north
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
COMMITTEE OF ADJUSTMENT 191 JUNE 15, 1999
That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
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.
1. Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 30/99.
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 June 15, 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.
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.
Carried
Submission No. B 31/99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,602 m2 (17,244.34 sq. ft.), and located on the north
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
2. That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
COMMITTEE OF ADJUSTMENT 192 JUNE 15, 1999
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
6. That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
frontage.
Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 31/99.
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 June 15, 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.
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.
Carried
Submission No. B 32~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,602 m2 (17,244.34 sq. ft.), and located on the north
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
COMMITTEE OF ADJUSTMENT 193 JUNE 15, 1999
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
1. Submission Nos.:
B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
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.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 32/99.
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 June 15, 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.
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.
Carried
Submission No. B 33~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,513 m2 (16,286.33 sq. ft.), and located on the south
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
COMMITTEE OF ADJUSTMENT 194 JUNE 15, 1999
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
4. That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
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.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 33/99.
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 June 15, 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.
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.
Carried
Submission No. B 34~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
COMMITTEE OF ADJUSTMENT 195 JUNE 15, 1999
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,513 m2 (16,286.33 sq. ft.), and located on the south
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
1. Submission Nos.:
B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
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.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 34/99.
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 June 15, 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.
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.
COMMITTEE OF ADJUSTMENT 196 JUNE 15, 1999
Carried
Submission No. B 35~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create a new lot by
severing a parcel of land having an area of 1,513 m2 (16,286.33 sq. ft.), and located on the south
side of the lands to be retained having an area of 2,834.64 m2 (30,512.81 sq. ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
1. That Minor Variance Application A 59~99 receive final approval.
1. Submission Nos.:
B 30/99 - B 35/99 and A 59/99(Cont'd)
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works for the installation, to the City's standards, boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
That the owner shall make financial arrangements to the satisfaction of the City's General
Manager of Public Works, for the installation of all new service connections to the severed
and retained lots.
That the owner shall submit a Grading Control Plan and receive approval from the City's
General Manager of Public Works, on the severed and retained lots.
That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for the park
dedication to 5% of the value of the lands to be severed.
That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a 3.96 metre road widening along the property's entire Caryndale Drive
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.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of electrical servicing to the lands to be severed before the severances are
granted.
That the owner shall make satisfactory arrangements for the granting of any easements
required by Kitchener-Wilmot Hydro before the severances are granted.
10.
That the owner shall submit an archaeological assessment prior to final approval of the
Consent Application B 35/99.
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 June 15, 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.
COMMITTEE OF ADJUSTMENT 197 JUNE 15, 1999
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.
Carried
Submission No. A 59~99
Moved by Mr. P. Kruse
Seconded by Mr. W. Dahms
That the application of Patricia & Reinhold Kauk requesting permission to create six new lots
each having a frontage of 22.25 m (73 ft.), rather than the required 23.77 m (78 ft.), on Part Lot 8,
Biehn's Tract, 442 Caryndale Drive, Kitchener, Ontario, BE APPROVED.
Submission Nos.: B 30/99 - B 35/99 and A 59/99(Cont'd)
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
are being maintained on the subject property.
Carried
Submission Nos.:
Applicant:
Property Location:
Legal Description:
B 40/99 to B 43/99, inclusive and A 63/99 to A 65/99, inclusive
Broward Landev Corp.
Cameron Street North
Part Lots 12-15, Part Lots 11-15 & Part Lots 10-13, Registered Plan
233; and, Part Lots 10 & 11, Registered Plan 233 and Part Lot 53,
German Company Tract
The Chair advised that staff are recommending deferral of the above noted applications to allow
the owner an opportunity to finalize a proposal that is acceptable to staff and make any necessary
additional minor variance and/or consent applications. Further, it was pointed out that the
applicant was in agreement with staff's recommendation to defer the applications.
By general consent, it was agreed to defer consideration of Submission Nos. B 40/99 to B 43/99,
inclusive, and A 63/99 to A 65/99, inclusive, to the Committee of Adjustment meeting scheduled
for July 20, 1999.
ADJOURNMENT
On motion, the meeting adjourned at 11:30 a.m.
Dated at the City of Kitchener this 15th day of June, 1999.
J. Billett
Secretary-Treasurer
Committee of Adjustment