Loading...
HomeMy WebLinkAboutAdjustment - 2000-11-21COA\2000-11-21 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 21, 2000 MEMBERS PRESENT: Messrs. B. Dahms, S. Kay, A. Galloway and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. B. Dahms, Chair, called this 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 October 24, 2000, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2000-070 Albert J. Nyikos 172 Ahrens Street West Part Lot 2, Re,qistered Plan 400 Appearances: In Support: Mr. A. Nyikos 172 Ahrens Steet West Kitchener ON N2H 4C9 Contra: None Written Submissions: In Support: Mr. J. P. Haramis Ontario Land Surveyor Ansley, Campbell & Serack Ltd. 28 Weber Street West Kitchener ON N2H 3Z2 Contra: None This application was previously considered by the Committee at its meeting held on October 24, 2000, at which time the Committee agreed to defer consideration of the application to allow the applicant an opportunity to provide a surveyors sketch of the subject property and to consider modifications to the proposed location of the garage. The Committee was previously advised that the applicant is proposing to demolish an existing detached garage and construct a new detached garage of the same dimensions and in the same location, having a northerly side yard setback of 0.15 m (6 in.), rather than the required 0.6 m (1.97 ft.). Previous comments of the Department of Business & Planning Services, the Building Division, COMMITTEE OF ADJUSTMENT 397 NOVEMBER 21, 2000 the Regional Planning & Culture Department and the GRCA, as documented in the minutes of Submission No.: A2000-070 (Cont'd) the Committee's meeting held on October 24th, were further considered this date. It was pointed out that the comments of the Department of Business & Planning Services recommend refusal of the application. Mr. A. Nyikos provided a copy of a letter from an Ontario Land Surveyor which states that the northerly wall of the garage on the subject property does not encroach onto the adjoining property and is situated 0.2 ft. from the property line. Mr. Nyikos added that the 0.2 ft. distance from the property line is in reference to the left front corner of the existing garage and is the result of the garage sinking due to erosion. Mr. Nyikos stated that at the rear of the garage there is approximately 1 ft. of space between the garage and the property line. The Chair enquired if Mr. Nyikos was requesting a variance of 0.2 ft. and Mr. Nyikos responded that he would be prepared to reconstruct the garage with a 1 ft. sideyard but did not feel that he could move it any more than that because the house is on an angle and there would not be enough room to maneuver his vehicle. The Chair enquired if Mr. Nyikos was prepared to amend his application to require a 1 ft. sideyard and Mr. Nyikos concurred. The Chair requested staff to comment and Ms. Given advised that this would not change the Department of Business & Planning Services recommendation of refusal as it was felt that the applicant has opportunity to relocate the garage to comply with the Zoning By-law and a 1 ft. sideyard is still not sufficient to allow maintenance of the wall adjacent to the neighbouring property without the applicant entering onto the neighbours property. Mr. Nyikos stated that the homes in this neighbourhood were built prior to cars coming into existence and his neighbour is not opposing reconstruction of the garage on the same location. Mr. S. Kay stated that he had been of the opinion at the October 24th meeting that obtaining a survey, or submitting the letter from the Ontario Land Surveyor as provided this date, would be sufficient to change his mind with respect to refusing the application and did not understand the applicants resistance to relocate the garage to meet by-law regulations. Mr. Kay commented that there appears to be opportunity for the applicant to comply and he would need good reason for accepting the proposal as applied for. In this regard, he enquired if Mr. Nyikos had anything further to add with respect to his reasons for not relocating the garage. Mr. Nyikos advised that the existing garage was already setback 63 ft. from the sidewalk and moving it back further would not be acceptable to him because it would make it more difficult for snow shovelling and reiterated his concerns with respect to the angle of the house making it difficult for him to maneuver his vehicle. The Chair requested clarification as to the regulations pertaining to the sideyard for the garage and Ms. Given responded that the garage is required to have a 0.6 m (1.97 ft.) sideyard. The Chair stated that he is in agreement with the comments of staff that it would appear there is opportunity for the applicant to comply with zoning regulations by relocating the garage further back and over from its present location and that a 1 ft. sideyard is not sufficient to allow maintenance of the wall adjacent to the neighbouring property without the applicant entering onto his neighbours property. Mr. Galloway stated that he was also in agreement that a minor adjustment to the present location of the garage would allow the applicant to meet Zoning By-law requirements. Mr. Kruse stated that it appears there is adequate room and did not feel that relocating the garage to comply with Zoning By-law regulations would place undue hardship on the applicant. There being no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Mr. P. Kruse That Minor Variance Application, Submission No. A 2000-070, as applied for by Albert J. Nyikos, requesting permission to construct a detached garage, 3.65 m x 6.09 m (12 ft. x 20 ft.), having a northerly sideyard setback of 0.3 m (1 ft.), rather than the required 0.6 m (1.97 COMMITTEE OF ADJUSTMENT 398 NOVEMBER 21, 2000 ft.), on Part Lot 2, Registered Plan 400, REFUSED. Submission No.: A 2000-070 (Cont'd) 172 Ahrens Street West, Kitchener, Ontario, BE It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is not being maintained on the subject property. Carried CONSENT Submission Nos.: Applicant: Property Location: Legal Description: B 2000-070, B 2000-071 & B 2000-072 Sidky Nassif 69 Amherst Drive Lots 28, 29, 41 and 42, Registered Plan 578, and Part Lots 43 and 47, Part Sydenham Street, designated as Part 1 on Reference Plan 58R-4649 Appearances: In Support: Mr. S. Nassif 261 Bedford Road Kitchener ON N2G 3A7 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create 3 new lots by severing 3 parcels of land and retaining a parcel of land having an area of 5,777 m2 (62,185.15 sq. ft.). The lands to be severed will each have frontage on Amherst Drive and are proposed for single residential development. The first parcel to be severed will have frontage of 15.24 m (50 ft.), by a depth of 30.48 m (100 ft.) and an area of 464.52 m2 (5,000.22 sq. ft.). The second and third parcels to be severed will both have frontage of 16.76 m (54.99 ft.), by a depth of 30.48 m (100 ft.) and an area of 510.84 m~ (5,498.82 sq. ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the proposed severed lots are generally flat, covered with grass with about a half dozen trees located on Lots 3 and 4 with dense shrubbery also along the frontage of Lot 4. There is a garage that was relocated to the rear of Lot 1 that appears to encroach onto the retained parcel. The proposed retained lot (Lot 2) has a frontage on Amherst Drive of 20.533 metres (67.36 feet) and an area of 5,777.015 square metres (62,185.31 square feet). The retained parcel contains a two storey single detached dwelling that has not been occupied for a period of time. The lands at the rear are flat and covered with grass along with a half dozen trees scattered throughout. The subject property is located within Block Plan 58. The Block Plan was prepared by staff in the mid 1970's in consultation with property owners within the area of Amherst Drive, Durham Street, Doon Village Road and Pinnacle Drive. The Block Plan was approved by City Council COMMITTEE OF ADJUSTMENT 399 NOVEMBER 21, 2000 on March 22, 1976. The Plan proposes a lotting pattern within this area based on the previous property lines and the development of a new internal road from Doon Village Road to Pinnacle. Submission Nos.: B 2000-070, B 2000-071 & B 2000-072 (Cont'd) The purpose of this new road is to take advantage of the very deep lots and allow for the creation of new single detached lots. The development of the internal road is subject to the co- operation of about six property owners in filing a joint plan of subdivision application with the City. This process would ensure the proper development and servicing of land. However, it has been a difficult undertaking in that no subdivision applications have been filed and all property owners need to co-operate together. The Block Plan also allows the development and infilling of land around its perimeter along its four abutting streets. The subject property was the consideration of Zone Change Application ZC 21/85/A that was approved on April 28, 1986. The property was rezoned to R2A under By-law 4830 permitting single detached dwellings. The property was subsequently rezoned to R-3 under By-law 85-1 on October 11, 1994 as part of the City's Comprehensive rezoning. As part of the zone change approval in 1986, the owner was required to enter into a Standard Development Agreement that was registered on title on December 10, 1985. Clause 10 of the Agreement states and permits the following: "The owner to apply to the Committee of Adjustment for the severance of the subject lands in accordance with the attached Lotting Plan dated 85 03 31 hereinafter referred to as the Lotting Plan. Further, the final division of such lands shall be conditional upon the final approval of the amending Zoning By-law." Accordingly, the subject lands have been rezoned to allow for single detached dwellings, and the processing of the consent applications is in order. The proposed retained parcel will also be subject to a future division of land via the subdivision process in conjunction with abutting property owners to create a new internal road with an additional 30 lots. An additional 3 to 4 lots are intended to be created at the rear of this property within the retained lands from part of a future extension of a new internal road within Block Plan 58 which is not part of these applications. It is noted that the subject property has a history of property maintenance infractions that are currently being processed by the City's enforcement staff. The Department is of the opinion that the subject consent applications are appropriate as it allows development in compliance with the Zoning By-law, Block Plan 58 and the Municipal Plan. Further, most of the properties around the subject property are zoned R-3 with similar sized lots. Accordingly, the Department of Business and Planning Services recommends that each of Consent Applications B 2000-070, 071 and 072 be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5 % of the value of the severed lands. That the owners make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. That the owners 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, and a paved driveway ramp on the severed and retained lands. COMMITTEE OF ADJUSTMENT 400 NOVEMBER 21, 2000 That the owner either relocate the existing garage on to Lot 1 in compliance with side and rear yard setbacks; demolish the garage; or remove it from the property. 1. Submission Nos.: B 2000-070, B 2000-071 & B 2000-072 (Cont'd) That the owner submit a survey of the property to the City's Principal Planner confirming that the proposed severed lots do not create any variances with the existing single detached dwelling on Lot 2 and the detached garage on proposed Lot 1. 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 these applications. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo, in which they advised that Regional staff have reviewed these applications and have determined that the subject lands exhibit a high potential for the recovery of archaeological remains, primarily due to their proximity to a watercourse. Prior to final approval of the applications, the applicant will be required to undertake an archaeological assessment on the severed and retained lands. Regional staff have no objection to B 2000-070, B 2000-071, and B 2000-072 subject to the following condition: 1) That prior to final approval of the applications the applicant retain an archaeologist to undertake an archaeological assessment of the severed and retained lands to the satisfaction of the Ministry of Citizenship, Culture and Recreation. The Region further advised that any future development on the lands subject to the above-noted consent applications will be subject to the provisions of Regional Development Charge By-law 99- 038, or any successor thereof and there may be a Regional fee assessed for development agreements, if required. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to these applications. The Chair reviewed the staff comments, noting that staff are recommending approval of the applications subject to certain conditions. The Chair enquired if Mr. Nassif had reviewed the staff reports and had anything further to add. Mr. S. Nassif advised that he had reviewed the staff reports and was in agreement with the recommendations contained therein, including the conditions outlined in the comments from the Department of Business & Planning Services, as well as the Regional Planning & Culture Department. As there were no further questions or comments forthcoming, the Chair called for a motion. Consent B 2000-070 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Sidky Nassif requesting permission to convey a parcel of land having frontage on Amherst Drive of 15.24 m (50 ft.), by a depth of 30.48 m (100 ft.) and an area of 464.52 m2 (5,000.22 sq. ft.), on Lots 28, 29, 41 & 42, Registered Plan 578, and Part Lots 43 & 47, Part Sydenham Street, designated as Part 1 on Reference Plan 58R-4649, 69 Amherst 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5 % of the value of the severed lands. COMMITTEE OF ADJUSTMENT 401 NOVEMBER 21, 2000 That the owners shall make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. Submission Nos.: B 2000-070, B 2000-071 & B 2000-072 (Cont'd) That the owners 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, and a paved driveway ramp on the severed and retained lands. That the owner shall either relocate the existing garage onto Lot 1 in compliance with side and rear yard setbacks; demolish the garage; or remove it from the property. That the owner shall submit a survey of the property to the City's Principal Planner confirming that the proposed severed lots do not create any variances with the existing single detached dwelling on Lot 2 and the detached garage on proposed Lot 1. That the owner shall retain an archaeologist to undertake an archaeological assessment of the severed and retained lands to the satisfaction of the Ministry of Citizenship, Culture and Recreation and shall provide a copy of the archaeological assessment acknowledged by the Ministry to the Department of Planning & Culture, Region 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 November 21,2002. 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 B 2000-071 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Sidky Nassif requesting permission to convey a parcel of land having frontage on Amherst Drive of 16.76 m (54.99 ft.), by a depth of 30.48 m (100 ft.) and an area of 510.84 m2 (5,498.82 sq. ft.), on Lots 28, 29, 41 & 42, Registered Plan 578, and Part Lots 43 & 47, Part Sydenham Street, designated as Part 1 on Reference Plan 58R-4649, 69 Amherst 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5 % of the value of the severed lands. COMMITTEE OF ADJUSTMENT 402 NOVEMBER 21, 2000 That the owners shall make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 1. Submission Nos.: B 2000-070, B 2000-071 & B 2000-072 (Cont'd) That the owners 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, and a paved driveway ramp on the severed and retained lands. That the owner shall either relocate the existing garage onto Lot 1 in compliance with side and rear yard setbacks; demolish the garage; or remove it from the property. That the owner shall submit a survey of the property to the City's Principal Planner confirming that the proposed severed lots do not create any variances with the existing single detached dwelling on Lot 2 and the detached garage on proposed Lot 1. That the owner shall retain an archaeologist to undertake an archaeological assessment of the severed and retained lands to the satisfaction of the Ministry of Citizenship, Culture and Recreation and shall provide a copy of the archaeological assessment acknowledged by the Ministry to the Department of Planning & Culture, Region 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 November 21,2002. 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 B 2000-072 Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Sidky Nassif requesting permission to convey a parcel of land having frontage on Amherst Drive of 16.76 m (54.99 ft.), by a depth of 30.48 m (100 ft.) and an area of 510.84 m2 (5,498.82 sq. ft.), on Lots 28, 29, 41 & 42, Registered Plan 578, and Part Lots 43 & 47, Part Sydenham Street, designated as Part 1 on Reference Plan 58R-4649, 69 Amherst 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5 % of the value of the severed lands. COMMITTEE OF ADJUSTMENT 403 NOVEMBER 21, 2000 That the owners shall make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections to the severed lands. 1. Submission Nos.: B 2000-070, B 2000-071 & B 2000-072 (Cont'd) That the owners 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, and a paved driveway ramp on the severed and retained lands. That the owner shall either relocate the existing garage on to Lot 1 in compliance with side and rear yard setbacks; demolish the garage; or remove it from the property. That the owner shall submit a survey of the property to the City's Principal Planner confirming that the proposed severed lots do not create any variances with the existing single detached dwelling on Lot 2 and the detached garage on proposed Lot 1. That the owner shall retain an archaeologist to undertake an archaeological assessment of the severed and retained lands to the satisfaction of the Ministry of Citizenship, Culture and Recreation and shall provide a copy of the archaeological assessment acknowledged by the Ministry to the Department of Planning & Culture, Region 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 November 21,2002. 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 The Committee then recessed the meeting temporarily, at 9:45 a.m., in order to consider applications for minor variance to the City of Kitchener's Fence & Sign By-Laws. This meeting reconvened at 10:04 .m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2000-074 Julius Sepa 86 Ross Avenue Part of Lot 69, Municipal Compiled Plan 765 Appearances: In Support: Mr. J. Sepa 86 Ross Avenue Kitchener ON N2A 1B3 COMMITTEE OF ADJUSTMENT 404 NOVEMBER 21, 2000 Contra: None Written Submissions: In Support: None Submission No.: A2000-074 (Cont'd) Contra: None Other: Mr. & Mrs. R. Prickett 84 Ross Avenue Kitchener ON N2A 1V7 The Committee was advised that the applicant is requesting permission to legalize an existing attached garage having a sideyard setback of 0.12 m (0.4 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 located on the west side of Ross Avenue east of Shantz Lane, west of Wilfred Avenue, south of Prospect Avenue, and north of Weber Street. The land is zoned Residential Four Zone (R-4) and is designated Low Rise Residential in the City's Municipal Plan. Application for minor variance A2000-074 was considered by the Committee on August 15, 2000 to permit a garage having a sideyard of 0.53 feet (0.16 metres). The Committee deferred the application to October 3 to permit the applicant the opportunity to obtain an up-to-date survey to confirm the location of the walls and eaves. On October 3, the Committee refused the application primarily due to the indication on the survey that the eaves encroached onto the neighbouring property by 0.17 feet. Since the October 3 meeting, the applicant has obtained a further revised survey which shows the eaves 0.17 feet inside his own property (clear). Apparently, while the eaves may have at one time encroached, they were cut back and the survey failed to show the modification. As shown on the survey, the front sideyard is 0.4 feet, or 0.12 metres, which is the dimension for which variance approval is sought. Given the discrepancy over the survey and the Committee's refusal of the last application, the applicant has dealt with both Planning and Building staff seeking advice on how to proceed. A variance was approved in August 1991 for a reduction in the minimum side yard requirement from 1.2 metres (4 feet) to 0.16 metres (0.53 feet) to permit the construction of a 4.8 metre (16 foot) attached carport. Before Mr. Sepa's purchase of the property, the carport had been partially enclosed. Mr. Sepa is in the process of completing the rear extension and fully enclosing the structure. His wish is to use the area for storage. Although staff do not condone any person undertaking construction without the benefit of the required permits and approvals, given the circumstances, staff can see that the work being undertaken by the owner will improve the look of the property along the northerly lot line. As a storage area, it is not practical that the walls be at least partially open, as required for a carport. The original posts to the carport have not been moved and the 1991 application for a 0.53 foot sideyard was granted without the benefit of a survey, so it is likely that the posts were closer than 0.53 feet from the lot line. The neighbouring building is a multiple dwelling backing onto the subject sideyard; no apparent activity occurs within this yard. This applicant previously submitted a letter of support from this neighbouring property owner. Staff originally had concerns about the eave encroachment and drainage, but are now satisfied that the eaves do not encroach and that the drainage can be directed onto the applicant's property. With respect to rear yard access, the owner has constructed a door at the rear of the addition. COMMITTEE OF ADJUSTMENT 405 NOVEMBER 21, 2000 Building staff have spent some time with the owner reviewing what would have to be done to comply with the Building Code. As set out in their comments, this includes removing the window on the side wall, fire rating the wall and cladding the outside of the wall with non-combustible cladding. Given the required non-combustible exterior cladding, staff understand that this would be maintenance-free material, eliminating the necessity to encroach onto the neighbouring property for future maintenance. Staff have reviewed these requirements with the owner and there is apparent agreement to comply if the variance is granted. Submission No.: A2000-074 (Cont'd) Staff are of the opinion that given all the circumstances, that the application can be supported provided there is compliance with the Building Code, as it would be desirable for the owner, allowing needed storage space to be accommodated, and desirable for the neighbourhood that the construction be completed. Provided there is Building Code compliance and all drainage is directed onto the subject property, there are no negative impacts on neighbouring properties. The exterior wall will be maintenance free, eliminating one intended purpose of the sideyard, providing access for maintenance. The Department of Business and Planning Services recommends that Minor Variance Application A 2000-074 be approved, granting the reduction in the northerly sideyard for a garage or dwelling, from 1.2 metres to 0.12 metres subject to the following conditions: All Building Division requirements are complied with, as set out in their November 3, 2000 memo. 2. That the northerly wall be clad in maintenance-free material. The Committee noted the comments of the Director of Building in which he advised that the Building Division requires a building permit to be obtained for new construction; there shall be no openings in a wall located less than 4 ft. from the property line (existing window shall be removed); the wall shall have a 45 minute fire resistance rating and be clad with non-combustible cladding; the door between the dwelling unit and garage shall have self-closure and be gas-proof; and the applicant shall ensure roof drainage is not directed onto the adjacent property. The Committee noted the comments of the Planning and Culture Department, Region of Waterloo, in which they advised that they have reviewed the application and have no concerns. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. The Committee also noted the written submission of Mr. & Mrs. R. Prickett in which they advised they note with interest that it is an "existing" garage because up until the owner decided to build this structure without the aid of a building permit it was an open type of carport with a small tin shed behind it. The owner is, even as this letter was being written, putting in permanent supports and enclosing the structure. Mr. & Mrs. Prickett questioned if it would not have been more appropriate to wait until the decision of the Committee has been made and requested that they be notified of the decision of the Committee. Ms. J. Given provided the Committee with a brief history respecting this application noting that the Committee had considered a similar application at its meeting held on October 3, 2000, which had been refused. She pointed out that the survey that had been supplied by the applicant at the October 3rd meeting incorrectly showed eaves encroaching on the neighbouring property. Since that time, the applicant has obtained a revised survey which indicates that the eaves do not encroach on the neighbouring property but rather are setback 0.17 ft. inside the applicant's property line. She pointed out that staff have worked closely with Mr. Sepa to determine what could be done to comply with the Building Code and are recommending approval of the application subject to certain conditions as set out in the Building Division's comments dated November 3, 2000. The Chair requested clarification that the garage was setback 0.4 ft. and the eaves 0.17 ft. from the property line and Mr. Sepa indicated that was correct. Mr. Sepa further advised that he has COMMITTEE OF ADJUSTMENT 406 NOVEMBER 21, 2000 installed proper drainage and fire proofing on the garage wall adjacent to the neighbouring property. Mr. S. Kay enquired if Mr. Sepa was aware of and fully understood the conditions by the Building Division and Mr. Sepa concurred. Mr. S. Kay commented that it was evident that Planning staff had worked extensively with Mr. Sepa towards a solution and, accordingly, he was prepared to move approval of the application subject to the conditions contained in the Building Division's report of November 3rd. Submission No.: A2000-074 (Cont'd) Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Julius Sepa requesting permission to legalize an existing attached garage having a northerly sideyard setback of 0.12 m (0.4 ft.), rather than the required 1.2 m (4 ft.), on Ontario, BE Part of Lot 69, Municipal Compiled Plan 765, 86 Ross Avenue, Kitchener, APPROVED, subject to the following conditions: 1. That all Building Division requirements shall be complied with, as follows: a) That the owner shall obtain a building permit prior to any new construction. b) That there shall be no openings in the wall to be located less than 1.2 m (4 ft.) from the property line (existing window shall be removed); the wall shall have a 45 minute fire resistance rating; and, the wall shall be clad with non-combustible cladding. c) That the door between the dwelling unit and the garage shall have self-closure and be gas-proof. d) That the owner shall ensure that all roof drainage is directed onto the subject property. 2. That the northerly wall shall be clad in maintenance-free material. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Le.qal Description: Appearances: In Support: Contra: A 2000-075 Petrica Nechita 75 Westheights Drive Lot 179, Re.qistered Plan 1384 Mr. P. Nechita 75 Westheights Drive Kitchener ON N2N 1P1 None Carried Written Submissions: COMMITTEE OF ADJUSTMENT 407 NOVEMBER 21, 2000 In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct an attached 2 car garage, having a rearyard setback of 3 m (10 ft.), rather than the required 7.5 m (25 ft.). 2. Submission No.: A2000-075 (Cont'd) The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is located on the southwest corner of Westheights Drive and Blackwell Drive and contains a single detached dwelling which was constructed in 1976. The applicant proposes to construct an attached two-car garage on the southerly side of the existing dwelling which will have a width of 6.7 metres (22 feet), a length of 6.09 metres (20 feet), and an area of 40.88 square metres (440 square feet). The attached garage is proposed to be located a minimum distance of 3.04 metres (10 feet) from the southerly lot line which is considered to be the rear lot line according to Zoning By-law 85-1. The "R-3" zone requires that all buildings be located a minimum distance of 7.5 metres (24.6 feet) from the rear lot line. Accordingly, a minor variance to permit a reduction of the minimum rear yard setback is required in order to allow the construction of the attached garage in this location. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, staff offers the following comments in relation to the requested variance. The front exterior wall of the dwelling on the subject property faces the side property line abutting Westheights Drive rather than the technical front lot line abutting Blackwell Drive. Although the southerly yard of the subject property functions as a side yard in relation to the existing dwelling, it is technically a rear yard for the property in terms of the Zoning By-law. Consequently, a 7.5 metre rear yard setback is applicable rather than a 1.2 metre side yard setback. A 3 metre setback in this location is appropriate and sufficient, given that this yard functions as a side yard and an outdoor amenity area is provided at the northerly end of the subject property. The location of the attached garage is desirable and appropriate given the location of the existing driveway off Westheights Drive. The character and look of the Westheights streetscape will not be adversely impacted as the garage will be setback a similar distance from the street line as the other homes on the westerly side of Westheights Drive. As the proposed attached garage will meet all other zoning requirements and the effects of the variance will be minor, the general intent of the Zoning By-law and Municipal Plan will be maintained. The Department of Business and Planning Services recommends that minor vanance application A 2000-075, be approved. The Committee noted the comments of the Director of Building in which he advised that the Building Division requires a building permit to be obtained prior to construction of the new garage. The Committee noted the comments of the Traffic & Parking Analyst, in which he advised that the Traffic & Parking Division has reviewed the application and have no concerns with the location of the proposed garage. 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. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to the application. COMMITTEE OF ADJUSTMENT 408 NOVEMBER 21, 2000 The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to a building permit being obtained and enquired if Mr. Nechita had anything further to add. Mr. P. Nechita advised that he had reviewed the staff reports and had nothing further to add. There being no further questions or comments forthcoming, the Chair called for a motion. Submission No.: A2000-075 (Cont'd) Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Petrica Nechita requesting permission to construct an attached two-car garage, 6.7 m x 6.09 m (22 ft. x 20 ft.), having a rearyard setback of 3.04 m (10 ft.), rather than the required 7.5 m (24.6 ft.), on Lot 179, Registered Plan 1384, 75 Westheights Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit prior to construction of the new garage. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2000-076 Zion United Church 51 Roy Street Part of Lot 2, Re.qistered Plan 401 Appearances: In Support: Mr. R. Miller Family & Children Services of the Waterloo Region 300 Ardelt Avenue Kitchener ON N2C 2L9 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing residential care facility having less than 9 residents within a single residential dwelling, rather than within a multiple dwelling, and to allow 2 required parking spaces to be located in tandem (one behind the other), rather than side by side. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject property is located on the westerly side of Roy Street between Young Street and Queen Street and contains a single detached dwelling which was constructed in approximately 1901. COMMITTEE OF ADJUSTMENT 409 NOVEMBER 21, 2000 The dwelling is currently being used as a foster home for 4-5 children. Family and Children's Services of the Waterloo Region would like to register the home as a Children's Residence group home with the Ministry of Community and Social Services in order to ensure that adequate funding is available to continue the CARE program. For the purposes of licensing, a children's residence is one in which there is a parent model in operation providing care to five or more unrelated children. A parent model residence is one where one or two persons residing in the home provide for the children on a continuous basis. There may be relief staff, but not on a daily shift rotation basis. A children's residence is commonly called a group home. Submission No.: A2000-076 (Cont'd) Based on the licensing definition, a Children's Residence is defined as a group home in Zoning By-law 85-1 and is permitted as a residential care facility. The "CR-3" zone permits a residential care facility having less than nine residents, but only in a multiple dwelling. As the existing building is not a multiple dwelling, a variance is required to allow a residential care facility in the existing dwelling. Zoning By-law 85-1 requires a residential care facility, having less than 9 residents, to provide two unobstructed parking spaces. The existing single car driveway and single car garage currently provides two parking spaces in tandem. The applicant also requires a minor variance to recognize the current tandem parking configuration. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, staff offers the following comments in relation to the requested variance. The existing building on the subject property is a 2-½ storey single detached dwelling and currently accommodates the foster parents and the children which live there together as one unit. This type of residential care facility is more conducive to the existing building type than a multiple dwelling as both the parents and children all need to be together for the family aspects of living together as well as for supervision needs. The intent of the by-law is to have more intense uses, however given that the intent is to continue occupying the existing building, the long-term goal for redevelopment is not compromised. The current parking configuration in the single car driveway and garage is similar to the way in which parking is provided for single detached dwellings. As the children's residence functions similar to a single detached dwelling use, it is staff's opinion that the tandem parking arrangement on the subject property will not adversely impact the surrounding area. The applicant also owns the church property to the west which could provide additional parking for the children's residence use. The variances are desirable as they will allow the current use of the building to continue and enable the licensing of the building as a Children's residence which will ensure adequate funding of the CARE program. As the effects of the variances will be minor, the intent of the Zoning By-law and Municipal Plan will be maintained. The Department of Business and Planning Services recommends that Minor Variance Application A 2000-076, 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 Traffic & Parking Analyst, in which he advised that the Traffic & Parking Division has reviewed this application and has no concerns with the legalization of the 2 parking spaces in tandem. 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. COMMITTEE OF ADJUSTMENT 410 NOVEMBER 21, 2000 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. Miller had anything further to add. Mr. R. Miller stated that he wished to thank Planning staff for their assistance with this application, as well as with other matters not before the Committee, noting that staff have been more than helpful to the Family and Children's Services. Mr. Miller advised that he had reviewed the staff reports and was in agreement with the recommendations contained therein. Submission No.: A2000-076 (Cont'd) There being no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of the Zion United Church requesting permission to legalize an existing residential care facility having less than 9 residents within a single residential dwelling, rather than within a multiple dwelling, and to allow 2 required parking spaces to be located in tandem (one behind the other), rather than side by side, on Part of Lot 2, Registered Plan 401, 51 Roy 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 is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2000-077 Habitat for Humanity, Waterloo Region Inc. 382 Brembel Crescent Lot 20, Re.qistered Plan 58M-31 Appearances: In Support: Ms. D. Biuk Green Scheels Pidgeon Planning Consultants Ltd. 201-72 Victoria Street South Kitchener ON N2G 4Y9 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize a single residential dwelling having a northerly sideyard setback of 3.33 m (10.93 ft.), rather than the required 4.5 m (14.76 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that in July of this year, a single-family dwelling built by Habitat for Humanity was constructed on the subject land. The property is located at the south-east corner of Brembel COMMITTEE OF ADJUSTMENT 411 NOVEMBER 21, 2000 Crescent and Brembel Street and the configuration of the existing lot is such that it is considerably more narrow at the rear than at the front. The lands are designated Low Rise Residential in the City's Municipal Plan and are zoned R-6 according to Zoning By-law 85-1. The Committee of Adjustment granted approval of a minor variance application on March 21, 2000 for the reduction of the sideyard abutting Brembel Street from 4.5 metres to 3.55 metres. Upon completion of the survey it was discovered that the rear northerly corner of the dwelling was constructed with a side yard setback of 3.3 metres instead of 3.55 metres as required. This resulted when the foundation was poured with a front yard setback of 6.34 metres instead of 6.0 metres as proposed. Due to the angled side lot line, the side yard setback at the rear northerly Submission No.: A2000-077 (Cont'd) corner was then reduced by 22 centimetres from what was originally approved. Application for minor variance is required for a further reduction to the required sideyard abutting Brembel Street from 3.55 metres to 3.3 metres. Considering the requested reduction of the northerly side yard from 3.55 metres to 3.33 metres is required for the rear corner of the dwelling only, it is considered to be minor in nature and appropriate for the development of the subject lot. The application also maintains the general intent of both the Zoning By-law and the Municipal Plan. Accordingly, the Department of Business and Planning Services recommends that Minor Variance Application A2000-077, seeking a reduction in the sideyard abutting a street from 3.55 metres to 3.33 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. 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 Ms. Biuk had anything further to add. Ms. D. Biuk advised that she had reviewed the staff reports and was in agreement with the recommendation contained therein. There being no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Habitat for Humanity, Waterloo Region Inc. requesting permission to legalize an existing single residential dwelling having a northerly sideyard setback of 3.33 m (10.93 ft.), rather than the required 4.5 m (14.76 ft.), on Lot 20, Registered Plan 58M-31, 382 Brembel Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2000-074 COMMITTEE OF ADJUSTMENT 412 NOVEMBER 21, 2000 Applicant: Property Location: Le.qal Description: Heffner Investments Limited Heffner Court Lot 1, Re.qistered Plan 1762 Appearances: In Support: Submission No.: Ms. M. Ross Steeves & Rozema 3189 King Street East, Apt. 201 Kitchener ON N2A 1B2 B 2000-074 (Cont'd) Contra: None Written Submissions: In Support: None Contra: None The Chair advised that a Fax transmission had been received from Mr. J. Kohlmeier, George Murray Shipley Bell, the agent for the owner of the subject property, stating that he was unable to attend the meeting this date and was in turn authorizing Ms. M. Ross, who acts for the prospective purchaser of the property, to appear before the Committee on his behalf. The Chair pointed out that it was customary that a person acting as agent have written authorization from the owner of the subject property and had some concern with an agent transferring such authorization to another person; however, in view of the fact that the Committee may proceed to consider an application in the absence of an applicant having been given due notice, he requested the Committee to consider the fact that staff are recommending approval of the application and no objectors were present. In this regard, he suggested that if Ms. Ross was in support of staff's recommendations and was not asking for any changes, that the Committee consider proceeding with consideration of the application. Ms. Ross advised that she was in support of the staff recommendations and had no changes to request. Accordingly, members of the Committee agreed to proceed with consideration of the application. The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to an abutting property known municipally as 3189 King Street East by severing a parcel of land having a lot width of 30.586 m (100.35 ft.), by a depth of 30.481 m (100 ft.) and an area of 930.6 m2 (10,017.22 sq. ft.); and retaining a parcel of land having an average area of 56,331.63 m2 (606,368.46 sq. ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant is requesting permission to sever a square parcel of land from the rear of vacant property on Heffner Court. The proposed severed parcel is generally flat and grassy and is zoned C-6. The retained parcel is undeveloped and covered with natural vegetation with a woodlot located along the border abutting the highway at the rear of the property. The property is owned by the principals of the car dealership at 3131 King Street East. Although the applicant has noted the address of application of the retained parcel as 3131 King Street East, the proposed retained and severed parcels are actually located on Lot 1, Registered Plan 1762. The retained parcel has frontage on Heffner Court. The cul-de-sac has not been constructed as a municipal road but is used, in part, as part of the car dealership operation next door. The owners do not require the proposed severed parcel for any of its future plans. The property at 3189 King Street East, with which this parcel of land is to merge, is occupied with a 7 storey, 95 unit apartment building zoned R-9 according to By-law 85-1. Staff are advised that this parcel is currently used as a picnic area by the residents of the apartment building and has been used as an amenity area for several years. The owners of the apartment wish to ensure the use of the amenity area in perpetuity by adding this parcel to COMMITTEE OF ADJUSTMENT 413 NOVEMBER 21, 2000 their ownership. The apartment owners are currently repaving the driveway and parking area and as a result tenants are temporarily parking on the grassy area. As the proposed landlocked severed parcel is intended to be used only as an open space area by the apartment residents, there is no need to rezone the property. If the property is to be used for any other purpose by the apartment owners such as building expansion, accessory buildings, or parking for the residents, then a zone change and a municipal plan amendment would be required. Submission No.: B 2000-074 (Cont'd) The parcel to be severed is located within Registered Plan 1762 and is subject to the conditions of the Industrial Subdivision Agreement registered on title. The prospective purchaser may wish to consider having the agreement amended to delete the severed parcel immediately following conveyance in order to not be tied in with any future requirements of the agreement. The proposed severance allows open space lands to be added to the abutting apartment as an expansion of an amenity area for the enjoyment of the residents. Severance of this parcel will not have any effect on the viability of the future development of the retained lands with service commercial development. Staff support the proposed severance. The Department of Business and Planning Services recommends approval of Application B2000-074 subject to the following conditions: 1) That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2) That the lands to be severed be added to the abutting lands municipally addressed as 3189 King Street East 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. The Committee noted the comments of the Director of Building in which he advised that this Division has no concerns or comments with respect to this application. The Committee noted the comments of the Planning and Culture Department, Region of Waterloo in which Regional staff advised they have no objections to the proposed lot addition; however, any future development on the lands subject to this consent application will be subject to the provisions of Regional Development Charge By-law 99-038, or any successor thereof and there may be a Regional fee assessed for development agreements, if required. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. The Committee noted the comments of the Ministry of Transportation in which they advised that the Ministry has completed its review of the severance application. The application has been considered in accordance with the requirements of the highway access control policies and the Public Transportation and Highway Improvement Act. The Ministry does not anticipate a problem with its highway system as a result of this application. The owner should be aware that building/land use and sign permits are required from the Ministry of Transportation before any new grading/construction commences. Please advise the owner to contact Ms. Heather Hoffman, Corridor Management Officer at the MTO London District Office (659 Exeter Road, London, Ontario, N6E 1L3 Phone 519-873-4209) to discuss MTO's permit requirements and obtain the necessary applications. Mr. S. Kay enquired if there was any proposed use for the severed parcel being added to the adjoining property and Ms. J. Given advised that it was intended to remain as vacant open space. COMMITTEE OF ADJUSTMENT 414 NOVEMBER 21, 2000 There being no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Mr. P. Kruse That the application of Heffner Investments Limited requesting permission to convey a parcel of land as a lot addition to an abutting property known municipally as 3189 King Street East having a lot width of 30.586 m (100.35 ft.), by a depth of 30.481 m (100 ft.) and an area of Submission No.: B 2000-074 (Cont'd) 930.6 m2 (10,017.22 sq. ft.), on Lot 1, Registered Plan 1762, Heffner Court, 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 lands to be severed shall be added to the abutting lands municipally addressed as 3189 King Street East and title shall 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. 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 November 21,2002. 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: Appearances: In Support: Contra: Written Submissions: In Support: B 2000-075 Maple Leaf Foods Inc. Battler Road Part of Lot 17, Re.qistrar's Compiled Plan 1471 Mr. M. Code, Consultant 50 Burnt Ember Court Kitchener ON N2A3X4 None None Contra: None COMMITTEE OF ADJUSTMENT 415 NOVEMBER 21, 2000 The Committee was advised that the applicant is requesting permission to create one new lot by severing a parcel of land and retaining a parcel of land having an area of 7.6444 ha (18.889 ac). The lands to be severed will have frontage on Battler Road of 11.636 m (38.18 ft.), by a depth of 134.201 m (440.29 ft.) and an area of .5136 ha (1.269 ac). The Committee noted the comments of the Department of Business & Planning Services in which they advised that it is understood that the severed lands will be merged with existing lands in the ownership of Huron Woods Development Corporation immediately south of the subject lands. The severed lands have two separate frontages on Battler Road and are located immediately to 2. Submission No.: B 2000-075 (Cont'd) the rear of another smaller parcel fronting Battler Road. It is understood that there is also an agreement of purchase and sale between the owner of this neighbouring parcel and Huron Woods Development Corporation. Therefore, once completed, Huron Woods Development Corporation will own a single, large holding stretching from Strasburg Road to Battler Road along the north side of the new Huron Road. The existing lands are currently vacant but have been used for agricultural purposes in the past. The severance of the lands will not significantly reduce the lands owned by Maple Leaf Foods i.e. they will retain 7.64 acres of developable land zoned Restricted Business Park (B-2). The severance will also provide a more regular internal lot line for the future development of Huron Woods' property. The lands to which the subject lands will be added are also vacant and zoned Restricted Business Park (B-2). The Department of Public Works has advised that a conveyance for corner visibility triangle at the intersection of Battler Road and new Huron Road is required and Planning staff understand that this has been agreed to by the purchaser i.e. Huron Woods Development Corporation. These lands are described as Parts 18 and 19, Plan 58R-12556. The proposed consent provides for an appropriate parcel for the development of both the severed and retained lands. The Department of Business and Planning Services recommends approval of Submission B 2000-075 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, 1995. 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 owner convey to the City of Kitchener, without cost and free of encumbrance, those lands described as Parts 18 and 19, Plan 58R-12556, for the purposes of a corner visibility triangle. 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 Department of Business & Planning Services in which they advised that the purpose of this application is to sever the subject lands from draft plan 30T- 86003. Regional staff have no objection to the creation of the new lot for the business park purposes; however, any future development on the lands subject to this consent application will be subject to the provisions of Regional Development Charge By-law 99-038, or any successor thereof and there may be a Regional fee assessed for development agreements, if required. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. COMMITTEE OF ADJUSTMENT 416 NOVEMBER 21, 2000 The Chair reviewed the staff comments, noting that staff are recommending approval of the application subject to certain conditions and enquired if Mr. Code had anything further to add. Mr. M. Code advised that it was intended to sever the subject parcel as a lot addition, rather than creating a new lot, and would subsequently be merged with a third parcel not before the Committee this date. In response to questioning from Mr. S. Kay, Mr. Code advised that the severed parcel was intended to be a lot addition to Part 3 on Reference Plan 58R-7056 as shown on the sketch attached to the Department of Business & Planning Services report. Submission No.: B 2000-075 (Cont'd) The Committee then briefly reviewed the sketch referred to above and it was noted that Parts 18 & 19 on Reference Plan 58R-12556, comprising the corner visibility triangle at the intersection of Battler Road and New Huron Road, are intended to be conveyed to the City. Ms. Given advised that the required conveyance is covered by a condition of approval with respect to this consent application. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. S. Kay Seconded by Mr. A. Galloway That the application of Maple Leaf Foods Inc. requesting permission to convey a parcel of land as a lot addition to an abutting property, legally described as Part 3 on Reference Plan 58R-7056, having an average lot width of 24.079 m (79 ft.), by a depth of 160.259 m (525.79 ft.), and an area of 0.5136 ha (1.269 ac), on Part of Lot 17, Registrar's Compiled Plan 1471, Battler Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the lands to be severed shall be added to the abutting lands legally described as Part 3 on Reference Plan 58R-7056 and title shall 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, 1995. That the owner shall make satisfactory arrangements with the City of Kitchener for any outstanding municipal property taxes and/or local improvement charges. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, those lands legally described as Parts 18 & 19, Plan 58R-12556, for the purposes of a corner visibility triangle. 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 November 21,2002. 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 COMMITTEE OF ADJUSTMENT 417 NOVEMBER 21, 2000 Submission No.: Applicant: Property Location: Le.qal Description: B 2000-076 Activa Holdings Inc. Strasburg Road/Huron Road Part Lot 1, R.C.P. 1382 and Part of Lot 11 , Biehn's Tract Appearances: In Support: Mr. M. Code, Consultant 50 Burnt Ember Court Kitchener ON N2A3X4 Contra: Submission No.: None B 2000-076 (Cont'd) Written Submissions: In Support: None Contra: None The Committee was advised that the lands involved in this application have been the subject of previous Consent Applications B 2000-030, B 2000-031 & B 2000-032. The applicant is requesting permission through this application for the granting of 1 easement for storm sewer purposes over part of the lands involved in the previous Consent Applications, being an easement over Part 5 in favour of Part 3, as shown on Reference Plan 58R-12683. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the purpose of this application is to obtain consent approval for the purpose of an easement for storm water management in favour of lands described as Part 3, Plan 58R- 12683. These benefiting lands are located at the corner of Strasburg and Huron Road and are intended to be developed for a manufacturing use. The lands over which the easement is to be established are described as Part 5, Plan 58R-12683, and are 6.0 metres in width with an area of 822.7 square metres. The purpose of the consent is to allow services for storm water management to be located on private lands, namely on Part 2, Plan 58R-12683 rather than within the right-of-way. The easement will be located immediately along the front property line of Part 2, Plan 58R-12683 and will run the full length of the property (126 metres). It is understood that storm water from Part 3 (and Parts 1 and 2) will be directed to a storm water management pond located on the east side of Strasburg Road. The easement is required on private lands because existing services within Strasburg Road are not of a sufficient size to accommodate storm water drainage from these lands. The easement is required in order for storm water to be directed off site and allow the development to proceed without the need for on site storm water management for this parcel. The Department of Public Works and the Legal Department have been fully involved in the negotiations regarding the proposed easement and regarding adjacent lands recently purchased by the City (Part 1, Plan 58R-12683). The proposed easement provides for the proper and orderly development of the lands located on the west side of Strasburg Road in this location. The Department of Business and Planning Services recommends approval of Submission B 2000-076, subject to the following conditions: That the owners of Part 2, Plan 58R-12683, and Part 3, Plan 58R-12683, enter into a joint maintenance agreement, to be approved by the City Solicitor, which will ensure that an easement for storm water management is maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 418 NOVEMBER 21, 2000 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 no objection to the creation of a storm sewer easement for Part 3 as shown on Plan 58R-12683; however, any future development on the lands subject to this consent application will be subject to the provisions of Regional Development Charge By-law 99-038, or any successor thereof, and there may be a Regional fee assessed for development agreements, if required. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objection to this application. 3. Submission No.: B 2000-076 (Cont'd) The Chair reviewed the staff comments noting that staff are recommending approval of the application subject to certain conditions and enquired if Mr. Code had anything further to add. Mr. M. Code confirmed that the application requests consent for an easement over Part 5, Plan 58R-12683 in favour of Part 3 on the same plan. He advised that the purpose of the easement is to allow services for stormwater management to be located on private lands being Part 2, Plan 58R-12683. The Chair enquired as to the purpose of Part 4 on the plan and Mr. Code explained that Part 4 is intended to be a sewer maintenance easement to be owned and maintained by the City. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. A. Galloway Seconded by Mr. S. Kay That the application of Activa Holdings Inc. requesting consent to an easement for stormwater management over Part 5, Reference Plan 58R-12683, in favour of Part 3, Reference Plan 58R- 12683, on Part of Lot 1, Registrar's Compiled Plan 1382, and Part of Lot 11, Biehn's Tract, Strasburg Road/Huron Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owners of Part 2, Plan 58R-12683 and Part 3, Plan 58R-12683, shall enter into a joint maintenance agreement, to be approved by the City Solicitor, which will ensure that an easement for stormwater management is maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 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 November 21,2002. 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 419 NOVEMBER 21, 2000 Carried ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this 21st day of November, 2000. J. Billett Secretary-Treasurer Committee of Adjustment