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HomeMy WebLinkAboutAdjustment - 2004-11-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 167 2004 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski, B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. Brent, Assistant Secretary-Treasurer and Ms. D. Gilchrist, Secretary-Treasurer Mr. P. Britton, Chair, called this meeting to order at 9:35 a.m. MINUTES Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of October 19, 2004, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-027 Forest Glen Venture Corporation & Dalimat Investments Limited c/o Frum Development Group 700 Strasburg Road Part Block A, Registered Plan 1416, being Part 1, Reference Plan 58R- 2575 Submission No.: Applicant: Property Location: Legal Description: - and - B 2004-028 Dalimat Investments Limited c/o Frum Developments Group Rittenhouse Road Part Block A, Registered Plan 1416, being Part 2, Reference Plan 58R- 2575 Appearances: In Support: None Contra: None Written Submissions: None Mr. B. Sloan advised the property owners have applied for a zone change, which process is soon to be completed. He recommended these applications be deferred to the January meeting, at which time they may no longer be required. The Committee general agreed with Mr. Sloan's recommendation. Consideration of these applications is deferred to the Committee of Adjustment meeting scheduled for Tuesday January 11,2005. COMMITTEE OF ADJUSTMENT 192 NOVEMBER 16, 2004 Submission Nos.: Applicant: Property Location: Legal Description: B 2004-030 6058213 Canada Inc. 94 North Hill Place Part Lot 54, German Company Tract, being Parts 5 & 6, Reference 58R-4686 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 31.92 m (104.73 ft.) by a depth of 76.2 m (250 ft.) and an area of 2,432.35 m2 (26,182.5 sq. ft.), to be developed with a new single family dwelling. Mr. Sloan advised that the subject property has been sold, and the new owner is renovating the property as per the Committee's previous approval of an Application for Minor Variance. The Secretary-Treasurer advised she does not know who the new owner is, or that the property has been sold, and has received no correspondence from the applicant as noted in this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That as no one has appeared in support of Submission No. B2004-030 - 94 Northhill Place, Kitchener, and no one has advised this Committee that they wish to proceed with the application, the Committee considers this application has been abandoned, and is thereby dismissed. Carried Submission No.: Applicant: Property Location: Legal Description: B 2004-048 Gravity Custom Homes Ltd. 875 Thomas Slee Drive Part Lot 35, Registered Plan 58M-109, being Part 2, Reference Plan 58R-14100 Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: - and - A 2004-082 Gravity Custom Homes Ltd. 875 Thomas Slee Drive Part Lot 35, Registered Plan 58M-109, being Part 2, Reference Plan 58R-14100, Mr. K. Marinovic Ms. G. Zaja Mr. D. Morlock Ms. M. Mundi Ms. J. Belsky Mr. & Mrs. B. Noe Mr. & Mrs. J. Kadlec COMMITTEE OF ADJUSTMENT 193 NOVEMBER 16, 2004 Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) Written Submissions: Neighbourhood Petition Mr. & Mrs. Mundi Ms. J. Belsky Mr. & Mrs. B. Noe Mr. & Mrs. Kadlec The Committee was advised that the applicant is requesting permission to create a new lot with a width of 57.4 metres on Thomas Slee Drive and an area of approximately 0.13 hectares that would contain a single detached dwelling. The retained lands would have a lot width of 38.4 metres on Thomas Slee Drive and an area of approximately 0.1 hectares and is proposed to contain a new dwelling. The creation of the new lot requires a minor variance to permit the two new lots with areas of 0.23 hectares and 0.1 hectares instead of the required 0.4 hectares in the Residential One (R-l) zoning of the subject lands. Mr. Sloan advised staff still require time to consult with the Chief Building Office and the Region of Waterloo concerning the report from Naylor Engineering. He stated that in fairness to everyone, there should be a peer review of the Naylor report. The Committee advised they also wished to receive information from staff on the feasibility of extending the sanitary sewer to the severed lot. The applicant agreed to a further deferral of the these applications; however, the neighbours advised they were not in agreement. The Chair stated the Committee is sympathetic to the neighbours' concerns; however, this Committee is charged with the responsibility with making the best possible decision, which can not be done without proper advice from staff. The Chair recommended that those neighbours who can not attend December 7, 2004 meeting, should review the Naylor Engineering report, and provide the Committee with their written comments or send someone else to represent them. Mr. Kadlec addressed the Committee advising he would probably not be able to attend the December 7th meeting and was not able to attend the previous meeting, and wish to present his concerns with these applications. He stated he supports the concerns of his neighbours as already presented to this Committee. He advised that he has lived on Pinnacle Drive for 10 years, before this development took place. He stated the applicant has not followed the normal procedure which is to discuss development proposals with neighbours before anything takes place, in order to determine whether there are any concerns. Mr. Kadlec spoke of concerns with respect to the septic system and water levels. Further, the zoning does not permit the proposed development, and the appearance of another house will be out of keeping with the area. He stated that another lot will not fit in with the character of the area. Mr. Sloan stated that staff had not had time to review the Naylor Engineering report with the Region of Waterloo, but should be able to do so by the December meeting. The Chair advised that the applicant's consultant should take responsibility to work with the Region of Waterloo with respect to their report. Further, the neighbours should also review the Naylor report prior to the December meeting, and be prepared to discuss it at that time. It was generally agreed by the Committee that consideration of Submission Nos. 2004-048 and A 2004-082 - Gravity Custom Homes Ltd., 875 Thomas Slee Drive, Kitchener be deferred to the Committee of Adjustment meeting scheduled for Tuesday December 7, 2004. COMMITTEE OF ADJUSTMENT 194 NOVEMBER 16, 2004 NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2004-083 Ken Heintz 1019 Weber Street East Lot 98, Registered Plan 307 Appearances: In Support: Mr. K. Heintz Mr. R. Hagley Contra: Mr. F. Kulcsar Written Submissions: Mr. & Mrs. Kulcsar The Committee was advised that the applicant requests permission to provide 3 off-street parking spaces instead of the required 4 parking spaces for a repair/service of motor vehicles use. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2004, advising they have no objections to this applications. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no concerns with this application. The Committee considered the written submission of Mr. & Mrs. F. Kulcsar advising they wish to receive copies of the Committee's decision on this application. Mr. F. Kulcasar addressed the Committee advising of his surprise at the Transportation Planner's comments, as staff have recently had to erect "No Parking" signs in the laneway behind this property. The service/repair business regularly blocks the laneway with vehicles waiting for service. Area residents have regularly called the City to complain about the situation. There have also been problems with vehicles being repaired in the laneway, and many times oil stains are left behind. Mr. Kulcasar noted the residence on this property is a duplex, so the property has two uses. It was his opinion that there is sufficient room on this property to provide all necessary parking, and the business owner should contain all repair/service and all parking on the property. Mr. Heintz advised he does not operate the vehicle repair/service business; however, he will take this Committee's decision to the operator to make sure he understands he can not park cars on the street. When questioned by the Committee, Mr. Heintz advised that there is a duplex on this property along with the repair business. Further, the repair business is operated by 1 business owner and an additional employee at times. Mr. Sloan advised parking for the duplex is located at the front of the property off Weber Street, and the parking off the lane is for the repair business. In addition to the 3 off-street parking spaces for the repair business, there are waiting spaces in front of the garage. He advised that parking for the duplex is located in tandem, which is permitted in the by-law. Mr. Hagley, 1023 Weber Street East, addressed the Committee in support of this application, noting the subject property is his next door neighbour. In support of the business owner, he stated the owner has made many attempts to control parking in the lane; however, tow trucks often bring vehicles to this property, and leave them in the lane. He stated it is the nature of the business. COMMITTEE OF ADJUSTMENT 195 NOVEMBER 16, 2004 Submission No.: A 2004-083 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Ken Heintz requesting permission to provide 3 off-street parking spaces for a motor vehicle repair/service business rather than the required 4 parking spaces, on Lot 98, Registered Plan 307, 1019 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the motor vehicle repair/service business and all associated parking shall be contained on the applicant's 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. 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 2004-084 Randy Prange 230 Briarfield Court Lot 17, Re.qistered Plan 1799 Appearances: In Support: Mr. R. Prange Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for the maximum height to the underside of the fascia of a garage to be 3.66 metres instead of the maximum permitted height of 3 m. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2004, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no concerns with this application. Mr. Prange explained he needs a higher garage to accommodate the boat he recently acquired from his father. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Randy Prange requesting permission for a garage to have a maximum height to the underside of the fascia of 3.66 m (12 ft.) rather than the permitted 3 m (9.84 ft.), on Lot 17, Registered Plan 1799, 230 Briarfield Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the garage generally as shown on the plans submitted with this application. COMMITTEE OF ADJUSTMENT 196 NOVEMBER 16, 2004 Submission No.: A 2004-084 (Cont'd) 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 2004-085 Stefania & Steve Pazdzior 110 Florence Avenue Lot 83 and Part Lots 82 & 84, Registered Plan 308 Appearances: In Support: Mr. & Mrs. Pazdzior Contra: None Written Submissions: Mr. D. Talbot Mr. K. Burgetz Ms. L. Milligan Mr. E. Doerr Mr. G. Frieburger Mr. J. Bussman Mr. M. Kragiel The Committee was advised that the applicant requests permission for a side yard for a new carport to be 0.5 m from the easterly property line instead of 1.2 m. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2004, advising they have no objections to this application provided there are no attachments to enclose the carport, and that any eavestroughs and drainage are located entirely on the subject property. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no concerns with this application. The Committee noted the comments of the City of Kitchener Building Division, dated November 10, 2004, advising they have no objection to the proposed variance provided the posts bear on a pier that extends a minimum 4 ft. below grade for frost protection. They also advised a building permit is required for the carport. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated November 9, 2004, advising of their policy that existing outside meters remain outside and readily accessible to their staff. They request the meter at this property be relocated to an outside wall. The Committee considered the written submission of Mr. Bussman, 118 Florence Avenue, which abuts the subject property. Mr. Bussman advised he objects to this application, as the carport is too close to his property. He notes the fence between the 2 properties is actually on his property, and the carport is 15" from the fence, and only 7" from the mutual property line. The Committee noted the written submissions of neighbourhood residents, attached to the application, in support of this application. COMMITTEE OF ADJUSTMENT 197 NOVEMBER 16, 2004 Submission No.: A 2004-085 (Cont'd) Mr. B. Sloan advised he did not believe the applicant had obtained a building permit prior to constructing the carport. Mr. Pazdzior advised he had not obtained a building permit because he didn't realize he required one. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Stefania and Steve Pazdzoir requesting permission to construct a carport with an easterly sideyard of 0.5 m (1.64 ft.) rather than the required 1.2 m (3.93 ft.), on Lot 83 & Part Lots 82 & 84, Plan 308, 110 Florence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a building permit for the carport. 2. That there shall be no attachments to the side of the carport. 3. That the owner shall install eavestroughs on the carport, and all run-off from the carport shall drain onto the applicants' 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 is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2004-086 Laurel View Homes (RR) Inc. 18 Kestrel Street Part Blocks 40, 41,42, Registered Plan 58M-181, being Part 57, Reference Plan 58R-12968 Mr. P. Britton declared a pecuniary interest in this application as his planning firm represents the applicant in this application, and did not participate in any discussion on voting with respect to this application. This application was considered by the remaining two members, and Mr. Cybalski chaired the meeting during consideration of this application. Appearances: In Support: Ms. C. Wiebe Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a driveway, for the construction of a new single detached dwelling, 5.4 m from an intersection instead of 9 m. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2004, advising they have no objection to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no objection to this application. COMMITTEE OF ADJUSTMENT 198 NOVEMBER 16, 2004 Submission No.: A 2004-086 (Cont'd) The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated November 11, 2004, advising the applicant has made satisfactory arrangements with them to provide a minimum 1.4 m clearance from the existing street light pole to the driveway apron on this corner lot. Ms. Wiebe addressed the Committee advising the builder and owners have agreed there will be no landscaping obstructions in the visibility triangle. Further, Ms. Wiebe advised other lay-outs have been considered for this lot; however, each one would require approval of a Minor Variance, because of the configuration of the lot. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Laurel View Homes (RR) Inc. requesting permission to locate a driveway 5.4 m (17.71 ft.) from the intersection rather than the required 9 m (29.52 ft.), on Part Blocks 40, 41,42, Registered Plan 58M-181, being Part 157, Reference Plan 58R-12968, 18 Kestrel Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That there shall be no landscaping or fencing within the visibility triangle. 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: Legal Description: A 2004-087 Pluto Day Care Centres Limited 1284 Ottawa Street South Part Lot 47, German Company Tract, being Parts 1 & 2, Reference Plan 58R-4559 and Part 2, Reference Plan 58R-7688 Appearances: In Support: Mr. Z. Janecki Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a rear yard setback of 5.6 m instead of 7.5 m for a portable classroom/day care unit. The Committee considered the comments of the Development & Technical Services Department, dated November 9, 2004, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no concerns with this application. Mr. Z. Janecki advised the portable building has been on this property for approximately 20 years. The property is now for sale, and the owner wishes to legalize the existing situation. He noted there have been other site plans for additions on this site, which have never materialized. In clarifying staff comments on this application, Mr. Sloan, advised staff have no objection to this application, as it was submitted. COMMITTEE OF ADJUSTMENT 199 NOVEMBER 16, 2004 Submission No.: A 2004-087 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Pluto Day Care Centres Limited requesting legalization of a portable classroom/day care unit with a rear yard setback of 5.6 m (18.37 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lot 47, German Company Tract, being Parts 1 & 2, Reference Plan 58R- 4359, and Part 2, Reference Plan 58R-7688, 1284 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the portable classroom/daycare unit as shown on the plans submitted with this application. 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 2004-088 Dennis Mallette 140 Queen Street North Part Lot 231, Registered Plan 374 Appearances: In Support: Mr. D. Mallette Contra: None Written Submissions: None The Committee was advised that the applicant request permission to construct an addition to the existing single detached dwelling that would extend 1.8 m from the rear of the dwelling whereas special zoning regulation 127U does not permit new construct to extend beyond the dwelling. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2004, advising staff have no objection to the application provided the addition extends no more than 1.8 m (5.9 ft.) from the existing dwelling, and does not exceed one storey in height. The Committee considered the report of the City's Building Division advising they do not oppose this application, and noting a building permit is required. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, advising they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Dennis Mallette requesting permission to construct an addition which will extend 1.8 m (5.9 ft.) beyond the rear of the existing dwelling, contrary to special zoning regulation 127U of By-law 85-1, as amended, on Part Lot 231, Plan 374, 140 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 200 NOVEMBER 16, 2004 Submission No.: A 2004-088 (Cont'd) That the variance as approved in this application shall apply to the proposed addition only, generally as shown on the plans submitted with this application. That the addition shall not exceed one storey in height, and shall not extend more than 1.8 m (5.9 ft.) from the rear of the existing dwelling. 3. That the owners shall obtain a Building Permit prior to constructing for addition. 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 2004-089 John Brobbel 60 Betzner Avenue North Lot11, Registered Plan 129 Appearances: In Support: Mr. J. Brobbel Ms. K. Gillies Contra: None Written Submissions: None The Committee was advised that the applicant request permission to alter an existing detached garage to have a maximum height of 5.4 m with a northerly side yard setback of 0.37 m instead of a setback of 0.6 m. The Committee considered the comments of the Development & Technical Services Department, dated November 9, 2004, advising they have no objections to this application. The Committee considered the comments of the City's Building Division, dated November 10, 2004, advising they have no objections to the proposed variance, and a Building Permit is required. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 10, 2004, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of John Brobbel requesting permission to alter an existing detached garage to have a height of 5.4 m (17.71 ft.) with a northerly side yard setback of 0.37 m (1.21 ft.) rather than the required 0.6 m (1.96 ft.), on Lot 11, Registered Plan 129, 60 Betzner Avenue North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the detached garage generally as shown on the plans submitted with this application. COMMITTEE OF ADJUSTMENT 201 NOVEMBER 16, 2004 Submission No.: A 2004-089 (Cont'd) 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 2004-090 Steve Holditch, Kelly Davis 600 York Street Lots 146 & 147, Plan 203 Appearances: In Support: Mr. S. Holditch Contra: Mr. A. Gaiger Mr. R. Picken Mr. G. Runstedler Mr. J. Campbell Ms. G. Cole Mrs. M. Mansfield Written Submissions: Neighbourhood Petition The Committee was advised that the applicants request permission to reduce the required front yard setback of 4.5 m to allow for a dwelling addition up to 3.74 m of the front lot line, a porch that would be grater than 0.6 m above the grade of the land within 2.2 m of the front lot line and to allow stairs that are greater than 0.6 m above the grade of the land from the porch. The Committee considered the report of the Development & Technical Services Department, dated November 10, 2004, advising they have no objections to this application. Further they advise they proposed development is being considered through Site Plan Application SP 04/41/Y/S R, which has been approved in principle, and is dependent on the finalization of the subject minor variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 10, 2004, advising they have no concerns with this application. The Committee considered the neighbourhood petition, dated November 14, 2004, in opposition to this application. Mr. Holditch addressed the Committee advising the purpose of this application is to allow him to convert his single family dwelling to a triplex by constructing an addition on the front of the dwelling. He advised the existing dwelling has a 35 ft. front yard, and only a 15ft. front yard is required under the by-law; consequently he could construct a 20 ft. wide addition and comply with the by-law. He is requesting approval of this Application for Minor Variance to build an addition which would be 22 ft. wide so as to have a bedroom width of 11 ft. He noted that even with the reduced setback his addition would be farther from the sidewalk than the other houses on the street. COMMITTEE OF ADJUSTMENT 202 NOVEMBER 16, 2004 8. Submission No.: A 2004-090 (Cont'd) When questioned by the Committee, Mr. Holditch advised the property is currently used as a single family dwelling; although, it may have been used as a duplex at one time, as there are two kitchens in the building. He stated that he has applied for site plan approval for this development, and his site plan has been approved, subject to approval of this application. Further, the 22.75 ft. wide addition makes for a better unit than one that is only 20 ft. wide. He noted the Zoning By- law permits a triplex on this property. Mr. Campbell addressed the Committee advising his concerns are: the increase in traffic on the street, and off-street parking. He noted York Street is very narrow and in the winter it is never ploughed. Mr. Campbell also expressed concerns with respect to the adequacy of City services, which have never been updated, noting they already experienced sewage problems on the street. Mr. Campbell noted his other concerns are that the introduction of a triplex will upset the stability of the area, and it will reduce property values. With respect to the problems of on-street parking stated by Mr. Campbell, Mr. Sloan advised the applicant can provide the required 3 parking spaces, and staff and the applicant have undertaken discussions with respect to widening the driveway to accommodate visitor parking. Mr. Gaiger advised that the applicant does not live at this property which has been vacant since he purchased it. There was a sewage pipe break in the house last year, and the property has not been properly maintained. He advised the applicant held a public meeting last week, and was made aware of the neighbours' concerns. Mr. Gaiger then questioned whether the City has a right to know Mr. Holditch's financial situation. He advised that at the public meeting Mr. Holditch advised that he and his sister will be doing the work on the development, and Mr. Gaiger had concerns that the property will be a construction site for 2 to 3 years. Mr. R. Picken addressed the Committee advising of his concerns as the next door neighbour, that the development will adversely affect the streetscape. He noted that there are sixteen single family dwellings at this end of York Street, and although the property may currently be set up as a duplex, it has never been used that way. He advised that he is opposed to this application and submitted a petition from neighbours opposed to this application. Mr. Picken advised the Committee the neighbours will be approaching Council to pass a Zone Change to prevent triplexes at this end of York Street. The Chair stated this Committee has the authority to deal with variances to the Zoning By-law and not Council. He advised this is a bonefide application before the Committee of Adjustment on which this Committee must decide. With respect to the neighbours approach to Council for a Zone Change, the Chair advised the applicant has applied for a variance to the current Zoning By-law which does allow triplexes. The Chair then questioned what Mr. Picken generally thinks of the appearance of the proposed addition, to which he advised the addition is much greater in size than anything else on the street. With respect to the questioning about the 3 parking spaces, Mr. Picken stated that 3 parking spaces do not seem adequate for potentially 12 residents. In response to further questioning by the Committee, Mr. Picken responded as follows: he would prefer a single family dwelling on the property than a triplex; increased parking spaces would help with parking on the street, but would also allow more tenants in the triplex; increasing density in the City core is detrimental because it removes owner occupants, and replaces them with renters. The Chair referred to the Region's growth management strategy, and Mr. Picken stated that he is not against the growth management strategy as a whole, but in some instances it does destabilize residential areas. He stated this end of York Street is a unique area because it is a cul-de-sac. Mr. Gaiger advised that the subject area is a cul-de-sac. He stated there are a number of multi- residential units in this area: 2 properties on Essen Street, a 25 unit apartment building on Union Street, a group home at Park and Union Streets, and on the east side of Park Street there are a number of multiple dwellings. This area already complies with the provincial and regional strategy. He stated he supports walking to work, but there is no guarantee that Clarica employees will live at this property. COMMITTEE OF ADJUSTMENT 203 NOVEMBER 16, 2004 Submission No.: A 2004-090 (Cont'd) Mr. Runstedler addressed the Committee advising the addition would look better at the back of the house. He advised his concern is that the applicant has no financing and he may run out of money. He questioned whether Mr. Holditch can be made to guarantee what he would build. Mrs. M. Mansfield advised the Committee she shares the same concerns as her neighbours, and drew the Committee's attention to the problem in the area with on-street parking, especially in the winter. She noted they already have problems exiting their driveway, and are unable to widen their driveway due to the location of a hydro pole. Ms. T. Cole advised the Committee they also experience difficulties exiting their driveway because of on-street parking, which she feels would be worsened if there is additional traffic from visitors to the subject property. Ms. Cole also advised that she lives directly across the street from the subject property and does not want to have to look at a front addition of this size. Mr. Sloan stated the current proposal is not unique, given the growth management strategy, but points to the fact that staff will have to work more closely with residents in established areas. Staff will have to work with residents to determine where growth can be accommodated, and where stability can be maintained. He noted that the City wants to direct higher intensity growth to the King Street West area. The Chair questioned the sewage back-up noted by the neighbours and the adequacy of services. Mr. Sloan advised this matter was not raised as an issue by Engineering Services. Referring to comments previously made by the Chair, Mr. Sloan stated he is not certain a site plan agreement or elevation drawings are required in this instance. The Committee stated this is a streetscape issue, and questioned who prepared the drawings submitted with the application. Mr. Holditch advised that he prepared the drawings; however, his plans have changed and he is now planning a pitched roof and stucco siding. Also, the elevation for the front porch has changed to 1.01 m rather than 1.2 m. Upon questioning, Mr. Holditch advised that the two new units will be such that one unit will consist of the basement and ground floor, and the second unit will be located on the second floor and the attic. Upon further questioning by the Committee, Mr. Holditch advised as follows: · He does not wish to lower the addition, because he wants windows in the basement; · Each apartment unit will measure 400 sq. ft., with 700 sq. ft. of finished floor area on each floor. · If he moves the addition to the back of the existing house he will not have the use of the rearyard, and will have no place for parking. The Chair commented the addition is not appropriate given the streetscape problem; as the building would be on a scale that does not fit in with the neighbourhood. The Chair then advised the Committee could make a decision this date, or it could defer consideration of this matter if everyone thinks there is an opportunity for discussion, with input from staff. The Chair noted, however, that it would not be agreeable for deferral if it is the intention of the neighbours, in bad faith, to rush to Council to try and prevent Mr. Holditch's use rights. Mr. Sloan stated that he would prefer to have an opportunity to mediate with the neighbours and the owner. Mr. Holditch advised he preferred to have a decision from the Committee this date, and would be willing to have approval of something in between. Mr. Cybalski stated that the main issue to be dealt with is the streetscape, including grade, height, proportion on the street, and how this development would blend into the community. He advised that he could not support a variance for a front porch and could not understand why the applicant could not deal with the existing grade. COMMITTEE OF ADJUSTMENT 204 NOVEMBER 16, 2004 8. Submission No.: A 2004-090 (Cont'd) The Chair stated he supports intensification, and the use proposed is a permitted use. However, the proposed addition is not the best design to address the streetscape of the area, and is not desirable development. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Steve Holditch & Kelly Davis requesting permission to convert a single family dwelling to a triplex by constructing a front addition to be setrback 3.74 m (12.27 ft.) from York Street rather than the required 4.5 m (14.76 ft.), to construct a front porch greater than 0.6 m (1.96 ft.) above grade with a setback from York Street of 2.2 m (7.21 ft.) rather than the required 4.5 m (14.76 ft.), and to allow stairs to the front porch which would be greater than 0.6 m (1.96 ft.) above grade, on Lots 146 & 147, Plan 203, 600 York Street, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the proposed variances requested in this application are not desirable for the appropriate development of the property, and are not minor in nature. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-049 Richard Targosz, Janice Moser & Francine Verutis 77 Brunswick Avenue Lot 23, Registered Plan 146 Appearances: In Support: None Contra: None Written Submissions: Mr. J. Ward The Committee was in receipt of correspondence from Mr. J. Ward, solicitor for the applicant, requesting deferral of this application to its meeting of December 7, 2004, and the Committee agreed to this request. Submission No.: Applicant: Property Location: Legal Description: B 2004-050 & B 2004-051 Pioneer Sportsworld Inc. 100 Sportsworld Drive Part Lots 8 & 9, Beasley's Broken Front Concession Appearances: In Support: Mr. J. Wood Contra: None Written Submissions: None The Committee was advised that the applicants request permission to create 2 new lots. One lot would have a lot width of 235 m and an area of approximately 2.14 hectares and would contain the twin pad arena currently under construction. The second new lot would have a lot width of 66 m and an area of approximately 0.73 and is intended for a future commercial use. The retained lands would have a lot width of approximately 343 m and an area of approximately 9.2 hectares and contain the Sportsworld facility and additional commercial uses. The application includes a request for a right-of-way for access in favour of both of the severed lots over the retained lots for access to Sportsworld Drive.An easement for servicing for both of the severed lots over the retained lot is also requested. COMMITTEE OF ADJUSTMENT 205 NOVEMBER 16, 2004 Submission No.: B 2004-050 & B 2004-051 (Cont'd) The Committee considered the report of the Development & Technical Services Department, dated, November 5, 2004, in which they advise the subject property is located along Sportsworld Drive, between Highway 8 and King Street East, commonly referred to as Pioneer Sportsworld. The municipal plan designation is Planned Commercial Campus and the Zoning is C6-6U. The proposed lands to be severed are located at the rear of the property - adjacent to Highway 8. After several deferrals, this Committee approved Applications for Consent B2003-034 and B2003-035 on September 9, 2003 which provided for the severance of two parcels. The application was withdrawn prior to the conditions being completed. The applicant has now re- submitted the applications with a revision in the size of the parcels being severed, to provide a larger lot for the arena being built on Part 3 of the attached plan. The applicant is looking to sever two parcels of land which are identified on an attached plan. The first lot (Part 2) would have a frontage of 66m and an area of 0.72 hectares, with the intent of constructing a future hotel. The second lot (Part 3) would have a frontage of 235m and an area of 2.14 hectares, for the arena under construction. The revised plan also identifies the overland right-of-ways needed for access purposes for the severed lands over the retained lands to Sportsworld Drive. A proposed easement for underground services is located within the driveway adjacent to the Outback Steakhouse. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff are satisfied that the creation of the severed lot in Submission No. B 2004-051, is desirable and appropriate. The configuration of the severed lands (B2004-051, arena parcel) can be considered appropriate/suitable for the development. Therefore the consent for B2004-051 is not considered to be premature or pre-determining the outcome of future planning processes. The size and configuration of the severed lands (B2004-050, hotel site) require further consideration prior to deeming them appropriate for a use permitted in the C6-6U zoning. The size of the parcel being severed may require enlargement to ensure adequate space for the proposed commercial development. Although the proposed lands have frontage on a public roadway (being Highway 8), there is currently no access to any public roadway. Staff are satisfied that the revised plan will provide appropriate locations for vehicular access and underground services via easements and rights-of- way. The Region of Waterloo previously submitted comments noting that the subject lands "have been identified as potentially contaminated". Although they have no corporate interest in the suspected contamination, they have suggested that the Committee of Adjustment may want to impose a condition requesting a Record of Site Condition. As a result of the concern raised, staff feel it may be appropriate to request such a condition on the severed lands (B2004-050) especially considering the proposed hotel use. Based on the foregoing, Planning staff recommend that Submission No. B2004-051 be approved, and Submission No. B2004-050 be deferred, subject to various conditions listed below. They recommend that application B2004-051 for consent to sever, right-of-way for access and servicing easement be approved, subject to the following conditions: That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. That the owner enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access and easements for servicing are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of the severed and retained 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 206 NOVEMBER 16, 2004 2. Submission No.: B 2004-050 & B 2004-051 (Cont'd) That a draft reference plan showing the proposed right-of-ways, easement and property lines be approved by the City's Manager of Design & Development. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated November 10, 2004, advising they have no objection to these applications. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated November 10, 2004, requesting that the applicant be required to make arrangements for granting any easements required by them. Mr. Wood advised the Committee he is in agreement with all the public agency comments, and is willing to have consideration of Submission No. B 2004-050 deferred to this Committee's meeting of December 7, 2004. Submission No. B 2004-050 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That consideration of Submission No. B 2004-050 - 100 Sportsworld Drive be deferred to the Committee of Adjustment meeting of December 7, 2004, to allow for discussion with City Planning staff on parcel size and usability. Carried Submission No. B 2004-051 That the application of Pioneer Sportsworld Inc. requesting permission to convey a parcel of land having an approximate width of 235 m (770.99 ft.), an irregular shape, and an area of 214 ha (approximately 5.3 acres), together with a right-of-way over the retained land for access, together with an easement over the retained land for servicing; and subject to any easements required by Kitchener-Wilmot Hydro Inc., on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Sportsworld Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for any easements required by them. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of all new service connections to the severed land. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure rights-of-way for access and easements for servicing are maintained in perpetuity, and provide the Secretary-Treasurer with confirmation that the said agreement has been registered against the title of the severed and retained land. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall obtain the approval fo the City's Manager of Design and Development of a draft reference plan showing proposed rights-of-way, easements, and property lines. COMMITTEE OF ADJUSTMENT 207 NOVEMBER 16, 2004 Submission No.: B 2004-050 & B 2004-051 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 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 16, 2006. Carried CONSENT & MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: B 2004-052 John Kellendonk 108 Queen Street - 9 Margaret Avenue Part Lots 190 & 191, Registered Plan 374, and Part Lot 9, Registered Plan 401, being Parts 1 & 2, Reference Plan 58R-5774 Submission No.: Applicant: Property Location: Legal Description: - and - A 2004-091 John Kellondonk 108 Queen Street - 9 Margaret Avenue Part Lots 190 & 191, Registered Plan 374, and Part Lot 9, Registered Plan 401, being Parts 1 & 2, Reference Plan 58R-5774 Appearances: In Support: Contra: Mr. S. Head None Written Submissions: None The Committee was advised that the applicant requests permission to recreate a new lot with a width of 13.8 m on Margaret Avenue and an area of 698 m2 that contains an existing duplex dwelling. The retained lands would have a lot width of 39.3 m and an area of 1843 m2 and contain an existing multiple dwelling. A minor variance is requested for the severed (new) lot to allow a lot width of 13.8 m instead of the required 15 m. The Committee considered the report of the Development & Technical Services Department, dated November 10, 2004 in which they advised the subject properties are located at the corner of Margaret Avenue and Queen Street, across from Centre in the Square. These properties have merged on title. 108 Queen Street North is currently used as a Multiple Residential Dwelling. 9 Margaret Avenue is used for a duplex with a detached garage. COMMITTEE OF ADJUSTMENT 208 NOVEMBER 16, 2004 1. Submission No.: B 2004-052 & A 2004-091 (Cont'd) The lands are zoned Commercial Residential Two (CR-2) and designated Medium Density Commercial Residential. The purpose of the severance application is to re-sever a previously existing parcel of land, and to re-establish a right-of-way. The right-of-way will allow access to the rear yard parking spaces for the multiple dwelling on the retained lands. The proposed lot configuration will comply with the regulations of the CR-2 zone, and the policies of the Medium Density Commercial Residential designation. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed lands (duplex dwelling) and the retained lands (multiple dwelling) are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible in size with the lots in the surrounding area. The applicant has also submitted a minor variance application to reduce the required lot width for the severed lands. The proposed lot width is 13.8 metres, however, the required lot width is 9.0m for the existing duplex. As such, the variance application is not required. Staff recommend that the application be withdrawn, unless the applicant intends to use the lands for a different permitted use than the duplex. No such change of use was indicated on the application. Currently, four parking spaces have been lined at the side of the retained property, directly adjacent to Margaret Avenue. The Zoning By-law prohibits parking spaces within 3.0m of the streetline (ie: the sidewalk). The purpose of this regulation is to ensure adequate site lines for motorists exiting the site, and to minimize the presence of cars in front yard areas. As such, this approval should be subject to the removal of the illegal parking space. The current owner has previously been advised that a commercial parking facility is not permitted on the subject lands. In other words, the parking spaces associated with the multiple dwelling are not permitted to be leased for commercial gains (such as renting to visitors of Centre in the Square). As such, it should be noted that approval of this application does not legalize this use. They recommend that applications B2004-052 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 all parking spaces within 3.0m of Margaret Avenue be removed and reinstated with landscaping, to the satisfaction of the City's Manager of Design & Development. That a draft reference plan for the proposed right-of-way be submitted, to the satisfaction of the City's Manager of Design & Development. They recommend that application A2004-091 be withdrawn. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2004, and the Region of Waterloo Planning, Housing and Community Services, dated November 20, 2004, both advising they have no objection to these applications. Mr. Head addressed the Committee providing some recent history to this property. He advised the current owner has invested quite a lot of money to restore the property, and now wants the property returned to its original configuration. He stated 108 Queen Street North will be used as apartments, and 9 Margaret Avenue will be converted to a triplex, contrary to what is stated in the application, which is why the Application for Minor Variance was submitted. In addition to severing these two properties, the applicant is seeking rights-of-way for access. With respect to staff comments concerning parking, Mr. Head advised the owner recently resurfaced parking spaces which were already on site. He had some concerns about the staff condition requiring the removal of one parking space. COMMITTEE OF ADJUSTMENT 209 NOVEMBER 16, 2004 1. Submission No.: B 2004-052 & A 2004-091 (Cont'd) The Chair suggested a change in staffs' requested condition: the parking space located in the Margaret Avenue right-of-way be removed, and parking within 3 m of the streetline be removed only if they are legal non-conforming. With respect to rights-of-way, Mr. Head advised the space between the two buildings is a driveway, and the Committee stated they would be willing to allow the properties to exist as they always have. Submission No. B 2004-052 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of John Kellendonk requesting permission to convey a parcel of land having a width on Margaret Avenue of 13.841 (45.41 ft.) by a depth on the westerly side of 52.099 m (170.93 ft.), and an area of 698.4 m2 (7517.51 sq. ft.), subject to a right-of-way along the easterly side of the property for access to the retained land, and together with right-of-way for access over the westerly side of the retained land, on Part Lots 190 and 191, Registered Plan 374, and Part Lot 9, Registered Plan 401, being Part 2, Reference Plan 58R-5774, 9 Margaret Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement changes. 2. That the owner shall receive final approval of Submission No. A 2004-091. 3. That the owner shall receive the approval of the City's Manager of Design and Development of a draft reference plan showing the proposed rights-of-way over the severed and retained lands. That the owner shall remove the existing parking spaces in the Margaret Avenue right-of- ways and reinstate the area with landscaping, to the satisfaction of the City's Manager of Design and Development. That if the parking spaces on 108 Queen Street North, located within 3 m (9.84 ft.) of Margaret Avenue are not legal non-conforming, they shall be removed by the owner and reinstated with landscaping, to the satisfaction of the City's Manager of Design and Development. 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. 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 16, 2006. Carried COMMITTEE OF ADJUSTMENT 210 NOVEMBER 16, 2004 1. Submission No.: B 2004-052 & A 2004-091 (Cont'd) Submission No. A 2004-091 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of John Kellendonk requesting permission for a lot width of 13.8 m (45.27 ft.) rather than the required 15 m (49.21 ft.), for any use permitted in the Commercial Residential Two (CR-2) zone, on Part Lots 190 & 191, Registered Plan 374, and Part Lot 9, Registered Plan 481, being Part 2, Reference Plan 58R-5774, 9 Margaret Avenue, 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 ADJOURNMENT On motion, the meeting adjourned at 12:50 p.m. Dated at the City of Kitchener this 16th day of November, 2004. Dianne H. Gilchrist Secretary-Treasu rer Committee of Adjustment