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HomeMy WebLinkAboutCouncil Minutes - 2004-11-01 SSPECIAL COUNCIL MINUTES NOVEMBER 1, 2004 CITY OF KITCHENER A special meeting of City Council was held at 4:45 p.m. this date, Chaired by Mayor C. Zehr and with all members present except Councillor G. Lorentz. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Corporate Services Department reports CRPS-04-195 and CRPS-04-196 (J. Witmer), dated October 25, 2004 regarding a request to permit the construction of a new residential apartment building at 555 King Street East with a limiting distance measuring beyond the property line. J. Witmer advised that the owner of 555 King Street East is requesting a reduction in the limiting distance for a proposed three-storey apartment building from 4 m to 3.045 m in the south rear wall and from 1.72 m to 1 m in the west side wall. He further advised that the south and west walls are adjacent to a driveway and parking area and that the adjacent property owners are in agreement. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of lots 86 & 87, part of lots 65, 85 & 88, Plan 303 known as 555 King Street East, Parcel 1, pursuant to Section 9.10.14.12.(5) of the Ontario Building Code, said agreement to permit the construction of a new residential apartment building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property known as 555 King St. East, Parcel 2 (rear parking lot)." - and - "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of lots 86 & 87, part of lots 65, 85 & 88, Plan 303 known as 555 King Street East, pursuant to Section 9.10.14.12.(5) of the Ontario Building Code, said agreement to permit the construction of a new residential apartment building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property known as 539- 541 King Street East." Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following this special meeting to consider a land acquisition / disposition matter and two matters subject to solicitor-client privilege." Carried. Council was in receipt of Corporate Services Department report CRPS-04-197 (S. Turner), dated October 29, 2004, regarding a request for an exemption to Chapter 450 (Noise) of the Municipal Code concerning a construction project at 50 Washburn Drive. S. Turner advised that a construction project at 50 Washburn Drive involves an extensive concrete pour and the process of having it cure and settle using fans and finishing machines has caused the project to extend into the overnight hours. He added that the first pour took place on October 26 and the related noise resulted in complaints received by City staff. Mr. Turner further advised that the contractor is now requesting an exemption to the Noise By-law to allow for two more pours to take place on November 5 and 12, 2004. Ms. Yvette Lackenbauer, 73 Rushbrook Drive, attended advising that her family was affected by the noise created at the construction site and in particular, her two young children. Ms. Lackenbauer advised that she has contacted a few concrete companies in an attempt to understand why the process must take place over such a long period. Their response to her indicated it was being done in order to reduce costs. She requested that the exemption be denied. Council was advised that a representative of the contractor was in attendance. He was asked if he would like to speak on this matter but he declined. Councillor M. Galloway raised a concern that in SPECIAL COUNCIL MINUTES NOVEMBER 1, 2004 - 383 - CITY OF KITCHENER this particular matter the contractor has ignored the process of applying for an exemption and notifying the area residents and in turn ignoring the Noise By-law. He suggested that the request be denied until the residents have been notified of a request and given an opportunity to comment. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That the request from S.G. Cunningham Inc. for an exemption to Chapter 450 (Noise) of the Municipal Code regarding the construction project at 50 Washburn Drive be denied." Carried. The meeting then recessed at 4:57 p.m. and re-convened at 7:46 p.m., Chaired by Acting Mayor M. Galloway and with all members present except Mayor C. Zehr and Councillor G. Lorentz. Council considered a recommendation arising from the Development and Technical Services Committee meeting held this date with respect to Zone Change Application ZC 04/15FFC/DR which amends Zoning By-law 85-1 to change a general regulation to permit more than one dwelling unit on a lot for the purpose of construction of a model home. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Zone Change Application ZC 04/15FFC/D R, to change a general regulation within the Zoning By-law to permit more than one dwelling unit on a lot for the purpose of the construction of a 'model home' as defined within the Zoning By-law be approved in the form shown in the proposed by-law dated October 14, 2004 attached to Development and Technical Services Department report DTS-04-160." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Model Home Building Permits - City Initiated. (By-law No. 2004-201) (b) To confirm all actions and proceedings of the Council. (By-law No. 2004-202)." Carried. On motion, the meeting adjourned at 7:47 p.m. MAYOR CLERK