Loading...
HomeMy WebLinkAboutAdjustment - 2000-12-19COA\2000-12-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE SPECIAL MEETING HELD DECEMBER 19, 2000 MEMBERS PRESENT: Messrs. S. Kay, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:10 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2000-085 Activa Development Corp. Bridlewreath Street Part of Lot 8, Registrar's Compiled Plan 1470; Blocks 1, 2, 4 & 5, Registered Plan 58M-171, designated as Parts 1 to 25, 37 to 60, 123 & 124, all inclusive, on Reference Plan 58R-12779 Appearances: In Support: Mr. P. Catana Eastforest Homes Ltd. 10 Alpine Court Kitchener ON N2E 2E0 Contra: None Written Submissions: In Support: None Contra: None The Committee was advised that the lands involved in this application comprise part of Draft Plan of Subdivision 30T-95015, being four blocks of land having frontage on Bridlewreath Street which are to be developed as future lots consisting of 49 single detached dwellings. The applicant is requesting permission for the following variances to be applied to each of the 49 lots: · to increase the maximum width of an attached garage for a single detached or duplex dwelling to 80% of the width of the front facade, rather than the permitted 70%; and, to increase the maximum distance an attached garage may project ahead of the habitable portion of a dwelling or roofline of a covered porch to 5.5 m (18.05 ft.), rather than the permitted 3 m (9.84 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject lands are located on Bridlewreath Street in the Laurentian West community and are comprised of Blocks 1, 2, 4 and 5 of Draft Plan of Subdivision 30T-95015. The lands are presently vacant but are to be developed with a total of 49 lots for single detached dwellings. COMMITTEE OF ADJUSTMENT 440 DECEMBER 19, 2000 The subject lands were zoned R-4 with Special Regulation Provision 286R by By-law 98-43, at the time of draft approval of the plan of subdivision. Since that time, the City of Kitchener has introduced major changes to the Comprehensive Zoning By-law to address residential street- Submission No.: A 2000-085 (Cont'd) scapes (By-law 2000-86). In doing so, new regulations respecting the width of an attached garage in relation to the overall width of the front facade and the distance that an attached garage may project ahead of the habitable portion of a dwelling were applied to all of the subject lands. Based on discussions between staff and the building industry leading up to development of the new zoning regulations, Eastforest Homes mistakenly believed that the provisions of By-law 2000-86 would not apply to the subject lands. As a result, the applicant has not yet completed all of the necessary revisions to its new home plans so as to comply with the new by-law regulations. In addition, the applicant has now entered into a number of Offers to Purchase/Agreements of Purchase and Sale for new homes that will not comply with these new regulations. The applicant only became aware that the new regulations would apply to the subject lands when building permit applications were filed for the new homes for which offers have been accepted. Eastforest Homes is in the process of modifying all new house plans to comply with the new zoning regulations and is also changing its marketing program accordingly. However, it is expected that this process could take several weeks to complete. The applicant is requesting the minor variance so that the homes for which offers have already been accepted can be constructed and new offers for any of its new home designs may be accepted while marketing changes are being made. However, this should represent only a small number of the 49 new homes to be built since typically only several offers are received each week and some of these offers will be for homes that comply with the new regulations. The applicant fully intends to comply with the regulations of By-law 2000-86 for the vast majority of the lots. The requested minor variances will permit Eastforest Homes to complete its marketing changes without jeopardizing any potential sales in the interim but will still allow for a majority of lots to be constructed under the new zoning regulations. Overall, the City's streetscape objectives (such as diversity of dwelling types, on-street parking opportunities, etc.) will largely be achieved. Accordingly, the variances are considered to be minor in nature, appropriate for the development of the subject lands and in keeping with the general intent of the Municipal Plan and Zoning By-law. The Department of Business and Planning Services recommends that Minor Variance Application A 2000-085, be approved, relative only to the specified 49 lots. 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 would point out that the increased garage/driveway width may decrease the number of legal on-street parking spaces. 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; 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 Chair reviewed the staff comments, noting that staff are recommending approval of the application and enquired if Mr. Catana had anything further to add. Mr. Catana advised that he had reviewed the staff reports and had nothing further to add. Mr. B. Isaac questioned if the remaining lots would comply with the new zoning regulations and Ms. Given responded that relief is only being requested for the specified 49 lots. COMMITTEE OF ADJUSTMENT 441 DECEMBER 19, 2000 In response to questioning, Mr. Catana commented that if the variances were not granted sales from existing offers to purchase would most likely be lost. He noted that marketing had begun in Submission No.: A 2000-085 (Cont'd) January and he was unaware when regulations changed in May. Mr. Catana stated that he had been aware that a change in regulations was pending and accepted that he was partly to blame for not keeping in contact with Planning staff; however, he commented that he had not been apprised of the exact date the changes would come into effect and would have appreciated receiving a letter from the City in this regard. Mr. S. Kay questioned why blanket approval for 49 lots was being requested when it has been indicated only 15 offers have been received. Mr. Catana responded that prospective purchasers have already viewed designs based on prior regulations and should they return to buy it is intended to provide them with a choice in design. Mr. Kay commented that the homes have yet to be built and, accordingly, this was not an issue of legal non-conforming. The homes could be built to comply with the new regulations and Mr. Kay offered the opinion that in granting the variances as requested, the Builder would be receiving an advantage over other developers. Ms. J. Given advised that the City takes no responsibility for any lack of communication, pointing out that the City had established a working group approximately one year in advance of implementing the changes during which all pending plans of subdivision were reviewed. Parties to plans of subdivision were included in this working group and all were aware of the proposed changes. A public meeting was also held and notice given to members of the working group. In response to questioning, Ms. Given advised that in recommending approval of the applicant's request, staff are somewhat sympathetic given an apparent misunderstanding with respect to the impact the changes would have on this plan of subdivision and it was not the City's intent to cause undue economic hardship. She advised that it would be preferable to apply the variances site specific to the 15 offers; however, assurances have been given that a majority of the remainder will be built in compliance with new regulations. Mr. S. Kay suggested that approval be given only for the 15 lots affected by offers to purchase and should future offers require similar variances, additional applications be made on an ad hoc basis. Mr. Catana pointed out that timing is an issue and having to come back on an application by application basis may result in loss of a sale. Mr. Catana further pointed out that a development by Grandview Homes, a competitor, has been granted grandfathering privileges. In this regard, Mr. Catana suggested that what he requests will not put him at an advantage over competitors but rather allow him to be competitive. The Committee then entered into discussion during which issues were raised relative to the impact the changes would have on the design of the dwelling; opportunities to accommodate double car garages; impact on selling prices; circumstances leading to the requested variances; how similar applications by other builders might be viewed; and, timing of the planning process. The Chair commented that previous regulations could not necessarily be considered bad planning as they had been in existence for some time with the changes implemented only improving upon existing regulations. The Chair stated that he had difficulty with the Committee being asked to rectify an error on the part of the applicant and in assuming a business role relative to the applicant's ability to compete with other developers. He pointed out that he would be more inclined to grant approval relative to the 15 lots, and perhaps allow an additional 10 lots, with the remainder to be brought to the Committee on a piecemeal basis. However, he suggested that in view of the fact this could become too complex and the lots in question could be built out within a year's time, the Committee may wish to give benefit of doubt and grant the variances as requested. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski COMMITTEE OF ADJUSTMENT 442 DECEMBER 19, 2000 That the application of Activa Development Corp. requesting permission to develop 49 future residential lots with attached garages for single detached or duplex dwellings having a maximum width of 80% of the width of the front facade, rather than the permitted 70%; and, having a Submission No.: A 2000-085 (Cont'd) maximum projection distance ahead of the habitable portion of a dwelling or roofline of a covered porch of 5.5 m (18.05 ft.), rather than the permitted 3 m (9.84 ft.); on Part of Lot 8, Registrar's Compiled Plan 1470; Blocks 1, 2, 4 & 5, Registered Plan 58M-171, designated as Parts 1 to 25, 37 to 60, 123 & 124, all inclusive, on Reference Plan 58R-12779, Bridlewreath Street, Kitchener, Ontario, BE APPROVED, relative only to the specified 49 lots. 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 ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this 19th day of December, 2000. J. Billett Secretary-Treasurer Committee of Adjustment