Loading...
HomeMy WebLinkAboutAdjustment - 2000-07-18COA\2000-07-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 18, 2000 MEMBERS PRESENT: Ms. S. Campbell and Messrs. S. Kay and A. Galloway. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Vice-Chair, called this meeting to order at 9:30 a.m. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the minutes of the regular meeting of the Committee of Adjustment of June 20, 2000, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2000-027 Edmund Ferrage 140 Heiman Street Subdivision of Lot 18, Part Lot 66, German Company Tract Appearances: In Support: None Contra: None Written Submissions: In Support: None Contra: None At the meeting of May 2, 2000 consideration was given to applications which propose to create 3 new lots (Consent Applications B 2000-025 to B 2000-027, inclusive); one for single residential use and 2 others each to contain one half of a semi-detached dwelling. Consent B 2000-027 represents one of the 2 lots to contain half of the semi and was deferred to allow the location of the common wall between each half of the semi to be determined. The Committee noted comments from the Department of Business & Planning Services in which they advised that Consent Application B 2000-027, as amended, to recognize the semi-detached dwelling as two separate parcels of land was deferred to the July 18, 2000 Committee of Adjustment meeting. The purpose of the deferral was to allow the applicant to pour the foundation for the semi-detached dwelling and have the foundation surveyed to ensure that the party wall between the two semi-detached dwelling units was located precisely on the property line. As of this date, the parcel of land for the whole of the semi-detached dwelling has not been created. Consequently, the building permit for the semi-detached dwelling has not been issued COMMITTEE OF ADJUSTMENT 283 JULY 18, 2000 and the foundation is not in place. It would therefore be appropriate to defer Consent Application B 2000-027 until such time as the location of the party wall for the semi-detached dwelling is Submission No.: B 2000-027(Cont'd) identified by survey. Staff has not been able to get in contact with the applicant to enquire as to the expected timing of development and recommend that the application be deferred to the November 21, 2000 meeting. Prior to commencement of this meeting, the Secretary-Treasurer was advised by Ms. J. Given that Planning staff wish to amend their request for deferral so as to change the date from November 21 to October 3, 2000. The Committee was so advised. As no one was in attendance to support the application and in light of the comments from the Department of Business & Planning Services, the Committee agreed to further deferral of the application. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That Consent Application, Submission No. B 2000-027, as applied for by Edmund Ferrage for the property known municipally as 140 Heiman Street, Kitchener, Ontario, BE DEFERRED to the Committee of Adjustment meeting scheduled for Tuesday, October 3, 2000. Carried CONSENT & MINOR VARIANCE Submission Nos: Applicant: Property Location: Legal Description: B 2000-039 & A 2000-036 Thayer Developments 90 Westmeadow Drive Part of Block 1, Registered Plan 58M-118, designated as Parts 47, 48, 49, 50 and 93 on Reference Plan 58R-11976 The Chair advised that the Committee was in receipt of a letter dated July 13, 2000 from Mr. K. Hillis, Black, Shoemaker, Robinson & Donaldson Ltd., advising that his client wishes to withdraw these applications and, accordingly, the applications were not considered by the Committee. The Committee then recessed the meeting, temporarily, at 9:40 a.m., to allow an opportunity for all parties to applications listed for consideration on the Committee's 10:00 a.m. agenda to arrive. This meeting reconvened at 10:04 a.m. APPLICATIONS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2000-041 Dan Valin 36 Montrose Avenue Part Lot 47, Re.qistered Plan 778 Appearances: In Support: Mr. D. Valin 36 Montrose Avenue Kitchener ON N2M 1Y2 Contra: None Written Submissions: In Support: None COMMITTEE OF ADJUSTMENT 284 JULY 18, 2000 Contra: None 1. Submission No.: A2000-041(Cont'd) The Committee was advised that the applicant is requesting permission to locate two side by side parking spaces setback 3 m (9.84 ft.) from the side lot line adjacent to Edgewood Drive, 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 a review of the history of the property notes that a previous owner of the property eliminated the legal off-street parking space, which was located to the rear of the house, in the rearyard. This allowed him to increase the landscaped area for his backyard. Without City knowledge or permission, a paved parking area was then created between the house and the lot line abutting Edgewood Drive, which does not comply with the City's Zoning By-law. The new owner wishes to reinstate the landscaping at the side of the house and create two parking spaces located to the rear of his house. However, the applicant also wishes to leave as much landscaped area in the rear yard as possible so that the backyard amenity area can still be enjoyed. Staff note that only one legal off-street parking space is required for the subject property which must be set back 6 metres; so the variance is applicable only to one space. The dimensions of the parking space must be a minimum 2.58 metres (8.5 feet) wide and 5.49 metres (18 feet) long. The intent of the by-law regulation is to encourage a more aesthetically appealing streetscape by requiring a setback for all required parking. Although the by-law states that a required parking space must be accommodated behind the 6 metre setback, there is nothing to prevent the owner from parking a vehicle in the driveway. Aesthetically, the requested variance is more desirable than the existing parking area located at the side of the house. As well, if two parking spaces are created side by side then it is more likely that both vehicles would be parking at least 3 metres back. It is noted that this property is also the subject of a fence variance. The applicant's proposal for the fence would not affect the visibility of vehicles using the proposed parking spaces. Additionally, the Traffic Division has no concerns regarding visibility for the requested variance. Based on the above comments, it is the opinion of staff that the impact of the variance is minor and the request maintains the general intent of the by-law. The variance is also considered appropriate development for the residential lot and its abutting residential properties. The Department of Business and Planning Services recommends approval of minor variance application A 2000-041 as shown on the submitted drawing. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has no concerns with the proposed parking spaces located 3 metres from the side lot line, rather than the required 6 metres. 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 application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Mr. Valin had anything further to add. Mr. D. Valin advised that he had reviewed the staff reports and had nothing further to add. COMMITTEE OF ADJUSTMENT 285 JULY 18, 2000 As there were no further questions or comments forthcoming, the Chair called for a motion. 1. Submission No.: A2000-041(Cont'd) Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Dan Valin requesting permission to locate two side by side parking spaces setback 3 m (9.84 ft.) from the side lot line adjacent to Edgewood Drive, rather than the required 6 m (19.68 ft.), on Part Lot 47, Registered Plan 778, 36 Montrose Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be in accordance with the drawings submitted with Minor Variance Application, Submission No. A 2000-041. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan are being maintained on the subject property. Carried The Committee then recessed the meeting, temporarily, at 10:08 a.m. in order to consider applications for minor variance to the City of Kitchener's Fence and Sign By-laws. This meeting reconvened at 10:20 a.m. Submission No.: Applicant: Property Location: Legal Description: A 2000-042 Peter Schunn 973 Guelph Street Lot 13, Registered Plan of Subdivision of Lot 58, German Company Tract, and Part Lot G, Plan 40 Appearances: In Support: Mr. R. Miller 973 Guelph Street Kitchener ON N2H 5Z2 Mr. R. Strype P.O. Box 547 92 Erb Street East Waterloo ON N2J 4B8 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing single residential dwelling having a frontyard setback of 3.86 m (12.66 ft.), rather than the required 6 m (19.68 ft.), and an easterly sideyard setback of 1.18 m (3.87 ft.), rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is 0.08 hectares in size, and located near the intersection of COMMITTEE OF ADJUSTMENT 286 JULY 18, 2000 Guelph Street and Sereda Road. The property currently contains a single detached dwelling. The lands are designated General Industrial in the North Ward Neighbourhood Secondary Plan, Submission No.: A2000-042(Cont'd) part of the City's Municipal Plan. The lands are zoned General Industrial (M-2) according to Zoning By-law 85-1. The M-2 zone does not permit single detached dwellings. The single detached dwelling located on the subject property has had several different uses since its construction in 1943, with it most recently being used illegally as a duplex dwelling. The applicant proposes to convert the existing structure located on the subject property. The conversion of the structure to a transportation depot with an associated dwelling unit will provide for a permitted use pursuant to the existing by-law to occupy the property. However, the structure does not comply with the minimum yard regulations of the M-2 zone. Accordingly, the applicant is requesting a minor variance to legalize the existing front yard and easterly side yard setbacks. The requested variance would facilitate the conversion of the structure to a use permitted by the existing by-law. The M-2 zone permits the use of the property as a transportation depot. This zone also permits an accessory dwelling unit on a lot containing another permitted use. The M-2 zone requires that buildings have a minimum front yard of 6.0 metres, and a minimum side yard of 1.2 metres. The subject property has a front yard setback of 3.86 metres and a side yard setback of 1.18 metres. The proposed front yard setback is consistent with other buildings in the immediate area. The proposed side yard setback maintains the intent of the by-law in that it allows for the maintenance of the side of the subject building without the need for encroachment onto the abutting lands. Given that the building is an existing structure and the variance will facilitate the conversion of the property to a use permitted by the Zoning By-law, staff are of the opinion that the variance maintains the intent of the Zoning By-law and is minor in nature. The North Ward Neighbourhood Secondary Plan designates the subject property as General Industrial. The proposed minor variance will facilitate the development of a transportation depot on the subject lands and, consequently, maintains the intent of the General Industrial designation. The proposed minor variance is minor in nature, appropriate for the development of the lands, and maintains the intent of the Zoning By-law and Municipal Plan. The Department of Business and Planning Services recommends that Minor Variance Application A 2000-042, seeking a minimum front yard setback of 3.86 metres and a minimum easterly side yard setback of 1.18 metres be approved. 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 application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised they have no comments or concerns with respect to this application. Mr. R. Miller advised that he had recently purchased the subject property and provided a copy of the Transfer/Deed of Land in evidence of ownership. Mr. R. Strype advised that he was acting as agent for the vendor, Mr. P. Schunn. The Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Mr. Miller had anything further to add. Mr. R. Miller advised that he had reviewed the staff comments and had nothing further to add. The Chair referred to the Planning staff report in which it is noted that the minor variance will facilitate the development of a transportation depot and requested clarification as to the type of business to be operated. Mr. R. Miller advised that he operates a business known as Tots & COMMITTEE OF ADJUSTMENT 287 JULY 18, 2000 Teens Transit and the transportation depot will facilitate the point of dispatch for picking up and delivery of children/teenagers. He further advised that an office is located in the basement of the Submission No.: A2000-042(Cont'd) structure and he resides within the upper floors. He stated that under the current zoning in order to live within the existing structure he must also operate a business. Mr. A. Galloway stated that he was prepared to move approval of the application as it would facilitate the conversion of the existing structure to a use currently permitted under the City's Zoning By-law. Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Peter Schunn/Robert Miller requesting permission to legalize an existing residential dwelling having a frontyard setback of 3.86 m (12.66 ft.), rather than the required 6 m (19.68 ft.), and an easterly sideyard setback of 1.18 m (3.87 ft.), rather than the required 1.2 m (4 ft.), on Lot 13, Registered Plan of Subdivision of Lot 58, German Company Tract and Part of Lot G, Plan 40, 973 Guelph Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan are being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2000-043 Werner H. Kolb 1501 Victoria Street North Part Lot 123, German Company Tract Appearances: In Support: Mr. B. Kolb 1501 Victoria Street North Kitchener ON N2B 3E4 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a storage building having an easterly sideyard setback of 1.2 m (4 ft.), rather than the required 3.04 m (10 ft.). The Committee noted the comments of the Business and Planning Services Department in which they advised that the subject property is located on the south side of Victoria Street, east of Lackner Boulevard and west of Forwell Road and has an area of approximately 4,046.7 square metres (43,560 square feet). A garden centre and landscaping business currently occupies the property. The land is zoned Service Commercial (C-6) and is designated Service Commercial in the City's Municipal Plan. COMMITTEE OF ADJUSTMENT 288 JULY 18, 2000 The applicant wishes to construct an approximately 107.3 square metre (288 square feet) storage garage 1.2 metres (4 feet) from the side lot line. The proposed storage garage would be constructed in the easterly rear yard of the property and would be built as a replacement for the Submission No.: A2000-043(Cont'd) existing storage garage located in the westerly rear yard. The existing storage garage would be removed upon completion of the proposed structure. The applicant is seeking minor variance to reduce the minimum side yard setback requirement from 3.0 metres (9.8 feet) to 1.2 metres (4 feet) for the construction of the storage garage only. Approval of the minor variance is desirable from the applicant's perspective since a reduction in the side yard requirement will increase the square footage of useable space on the inside of the property. The applicant has indicated that compliance with the required side yard will create an area of wasted space. Display beds of deciduous and coniferous trees for the Garden Centre are located along the property line of the entire eastern side of the property making it difficult to access and maintain this required side yard for the storage garage. A reduction in the side yard to 1.2 metres (4 feet) will however, continue to provide the space required for the outside maintenance of the storage garage. A reduction in the side yard requirement is desirable for maintenance reasons and for the creation of more useable space. Approval of the minor variance would not negatively impact the adjacent property owner. The eastern adjacent property is a vacant lot that is currently for sale, and is also zoned Service Commercial (C-6). A number of coniferous trees on the eastern property, provide a visual buffer from the applicant's property. In addition, the applicant's property is at a higher elevation than the neighbouring property making it difficult to view the applicant's rear yard. The combination of the number of trees on the neighbouring property, and in the applicant's display beds, and the elevation of the land make the applicant's property very private. Staff is of the opinion that the application is minor in nature, appropriate for the development of the lands, and maintains the intent of the Zoning By-law and Municipal Plan. The Department of Business and Planning Services recommends that minor variance application A 2000-043 be approved, for the reduction of the minimum side yard requirement from 3.0 metres (9.8 feet) to 1.2 metres (4 feet) to permit the construction of a storage garage on the easterly side of the property only, in accordance with the plan attached to this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to construct the new shed and demolish the old shed; the wall located 4 ft. (1.2 m) from the property line shall be of non-combustible construction with non-combustible cladding and have a 1 hour fire resistance rating; and, drainage of roof water shall not be directed onto the adjacent property. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to certain conditions requested by the Building Division and enquired if Mr. Kolb had anything further to add. Mr. Kolb advised that he had reviewed the staff comments and in reference to the requirement that the wall to be located 1.2 m from the property line be constructed of non-combustible cladding and have a one hour fire resistance rating, questioned if this was because of fire code regulations. The Committee advised that was correct. As there were no further questions or comments forthcoming, the Chair called for a motion. COMMITTEE OF ADJUSTMENT 289 JULY 18, 2000 Submission No.: A2000-043(Cont'd) Moved by Mr. A. Galloway Seconded by Ms. S. Campbell That the application of Wemer H. Kolb requesting permission to construct a storage garage having an easterly sideyard setback of 1.2 m (4 ft.), rather than the required 3.04 m (10 ft.), on Part Lot 123, German Company Tract, 1501 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall be in accordance with the plan submitted with Minor Variance Application, Submission No. A 2000-043. 2. That the owner shall obtain a building permit prior to construction of the new storage garage and shall demolish the old existing storage garage. 3. That the wall to be located 1.2 m (4 ft.) from the property line shall be of non-combustible construction with non-combustible cladding and have a 1 hour fire resistance rating. 4. That the owner shall ensure that all roof drainage is directed onto the subject property. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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.: Applicant: Property Location: Le.qal Description: A 2000-044 Monarch Construction Ltd. 67 Autumn Ridge Trail Lot 18, Re,qistered Plan 58M-40 Appearances: In Support: Mr. L. Devlugt Monarch Construction Ltd. P.O. Box 20089 Pioneer Park Post Office Kitchener ON N2P 2B4 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a single residential dwelling having an easterly sideyard setback of 1.12 m (3.67 ft.), rather than the required 1.2 m (4 ft.). COMMITTEE OF ADJUSTMENT 290 JULY 18, 2000 The Committee noted the comments of the Business and Planning Services Department in which they advised 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. 4. Submission No.: A2000-044(Cont'd) The applicant is requesting permission to legalize the existing 1.12 metre (3.67 feet) side yard setback of the rear portion of the garage. The requirement is 1.2 metres (4 feet). The single detached dwelling with the attached garage is under construction and the foundation of the building has been poured too close to the side property line. The abutting property is currently vacant and will be developed with a single detached dwelling. Both the subject property and the abutting property are reversed pie-shaped lots on the curve of the road and appear to have wider than normal sideyards. The variance can be considered to be minor in nature as it will not greatly impact on the abutting property which is currently vacant. Based on the above comments, it is the opinion of staff that the subject variance is acceptable and the impact of the variance would be minor as the request maintains the general intent of the Municipal Plan and Zoning By-law. The Department of Business and Planning Services recommends approval of Submission A 2000-044. The Committee noted the comments of the Director of Building in which he advised that the Building Division has reviewed this application and recommends that approval be subject to there being no openings within 1.2 metres of the property line. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo in which they advised that Regional staff have reviewed the application and have no concerns; however, any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038, or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no comments or concerns with respect to this application. The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to a condition requested by the Building Division. The Chair enquired if Mr. Devlugt had anything further to add and Mr. L. Devlugt advised that he did not. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Ms. S. Campbell Seconded by Mr. A. Galloway That the application of Monarch Construction Ltd. requesting permission to construct a single residential dwelling with an attached garage having an easterly sideyard setback of 1.12 m (3.67 ft.), rather than the required 1.2 m (4 ft.), on Lot 18, Registered Plan 58M-40, 67 Autumn Ridge Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That there shall be no openings within 1.2 m (4 ft.) of the property line. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan are being maintained on the subject property. COMMITTEE OF ADJUSTMENT 291 JULY 18, 2000 Carried Submission No.: Applicant: Property Location: Legal Description: A 2000-045 1361959 Ontario Inc. 900 Doon Village Road Part of Lot 2, Biehn's Tract The Chair advised that a letter dated July 13, 2000 has been received from Mr. B. Nimer, 1361959 Ontario Inc., in which he requests deferral of the application. By general consent, it was agreed that consideration of this application would be deferred to the Committee's next meeting scheduled for Tuesday, August 15, 2000. ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 18th day of July, 2000. J. Billett Secretary-Treasurer Committee of Adjustment