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HomeMy WebLinkAboutAdjustment - 2004-10-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 197 2004 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski, B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner 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 September 21, 2004, as mailed to the members, be accepted. Carried Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That City Council be advised the Committee of Adjustment appreciates and endorses the level of professional support it receives from City staff; and, That the Committee supports the form of intra-departmental report it receives on each application from the Development and Technical Services Department; and further, The Committee commends the efforts of the staff who report to them, specifically Brandon Sloan, Dianne Gilchrist and Rhonda Brent. Carried UNFINISHED BUSINESS CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2004-007 Haastown Holdings (Kitchener) Inc. Chestnut Street, Mansion Street & Locust Street Part Lot 103, Registered Plan 157 The Chair advised the Committee is in receipt of correspondence from Rob Gazzola, Senior Development Manager, Haastown Holdings (Kitchener) Inc., dated September 29, 2004, advising they will not proceed with this application. Submission No.: Applicant: Property Location: Le.qal Description: A 2004-072 Gary O'Donoghue 1116 Union Street Lot 25, Registered Plan 789 Appearances: In Support: Mr. G. O'Donoghue Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 176 OCTOBER 19, 2004 2. Submission No.: A 2004-072 (Cont'd) The Committee was advised that the applicant requests permission to locate 3 off-street parking spaces between the fa~;ade of the building and the street line with a setback from Union Street of 2.1 m (7 ft.) instead of 3.0 m (10 ft.). The Committee considered the report of the Development & Technical Services Department, dated October 12, 2004, recommending the application be approved subject to conditions. Attached to this report is a revised site plan for the subject property showing three parking spaces located at both sides of the driveway, allowing each vehicle to leave the property in a forward motion. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 13, 2004, advising they have no concerns with this application. The Chair noted that on the revised site plan there is a road widening and daylight triangle shown, which must be dedicated to the Region. Mr. Sloan advised this property is subject to site plan approval, and the road widening and daylight triangle will be dedicated to the Region through that process. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Gary O'Donoghue requesting permission to locate 3 off-street parking spaces between the fa~;ade of the building and the street line and with a setback from Union Street of 2.1 m (7 ft.) rather than the required 3.0 m (10 ft.), on Lot 25, Registered Plan 789, 1116 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That a portion of the existing asphalt driveway, as shown on the site plan attached to Development & Technical Services Department report, dated October 12, 2004, shall be removed and replaced with landscaping, to the satisfaction of the City's Manager of Design and Development, within 3 months of this decision, or in the case of winter conditions, by the end of April 2005. That the existing shed shall be relocated behind the building line, to the satisfaction of the City's Manager of Design and Development, within 3 months of this decision. 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 NEW BUSINESS CHANGE OF CONDITIONS Submission No.: Applicant: Property Location: Legal Description: CC 2OO4-OO3 583018 Ontario Ltd. 173 Woolner Drive Part of Lots 117, Registered Plan 591 118 and 124 GCT and Part Lots 12 & 13, Appearances: In Support: Mr. B. Green Dr. Fung COMMITTEE OF ADJUSTMENT 177 OCTOBER 19, 2004 1. Submission No.: CC 2004-003 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant received approval under Submission No. B 2004- 026 to convey a parcel of land having a width on Fairway Road of 277 m and an area of 41.5 hectares subject to certain conditions. The owner has now applied for a change to one of the conditions imposed in Submission No. B 2004-026 as it pertains to providing sanitary servicing for the retained lands which are intended to be developed with commercial uses. The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated October 13, 2004, advising they have no objections to this application. Mr. Green addressed the Committee explaining the request and the application, stating that in the short-term there is no capacity. He advised the owner will build a private pumping station on this site. The provision of a sanitary sewage outlet for the commercial property will be secured through an agreement with the City of Kitchener. The developers of the residential subdivision have their own obligations. The Chair suggested the condition also include the provision that the outlet will be constructed at no expense to the City, and building permits will not be issued until the outlet is available. Mr. Green agreed this is the understanding of all parties. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of 583018 Ontario Ltd. requesting permission to amend one of the conditions as it pertains to providing sanitary servicing for the retained lands which are intended to be developed with commercial uses on Part of Lots 117, 118 and 124 GCT and Part Lots 12 & 13, Registered Plan 591, 173 Woolner Drive, BE GRANTED, so that only the following conditions shall apply to Submission No. B 2004-026: That the owner shall hire a consultant archeological to carry out an archeological survey and rescue excavation of any significant archeological remains found on this site, to the satisfaction of the Ministry of Culture, prior to any grading or construction taking place on the severed and retained lands. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing & Community Services for clearance of this condition. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the retained lands, to include the following: a) b) That the owner shall provide a sanitary sewage outlet for the retained land satisfactory to the City's Director of Engineering. That the required sanitary sewage outlet shall be installed at no cost to the City of Kitchener, and prior to the issuance of any building permits for the retained land. 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT 178 OCTOBER 19, 2004 1. Submission No.: CC 2004-003 (Cont'd) 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 October 19, 2006. Carried MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2004-076 William Bergman 20 Dieppe Avenue Lot 17, Registered Plan 774 Appearances: In Support: Mr. W. Bergman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a carport with a left side yard setback of 0.43 m instead of the required 1.2 m. The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, advising they have no comment on this application provided there are no attachments enclosing the side of the carport. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no objection to this application. When questioned by the Committee, Mr. Bergman advised he will retain the existing detached garage. With respect to eaves on the carport and drainage, Mr. Sloan confirmed that eaves on the carport must be within the owner's property, and all drainage from the carport must be contained on the owner's property. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of William Bergman requesting permission to construct a car port with a left side yard setback of 0.43 m (1.41 ft.) rather than the required 1.2 m (3.93 ft.), on Lot 17, Registered Plan 774, 20 Dieppe Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. There shall be no attachments enclosing the carport. The owner must obtain a building permit prior to constructing the carport, and at that time must submit, to the Building Division, a grading and drainage scheme. COMMITTEE OF ADJUSTMENT 179 OCTOBER 19, 2004 Submission No.: A 2004-076 (Cont'd) 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. 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: A 2004-077 1361959 Ontario Inc. 130 Weber Street West Part of Lots 84, 157, 158 & 159, Registered Plan 376 Carried Mr. B. Nimer Mr. J. Fast Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to install a handicapped access ramp for the existing building with a side yard setback of 0.14 m (0.45 ft.) instead of 0.75 m (2.46 ft.). The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, advising they have no comments on this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no objection to this application. Mr. Nimer advised the Committee the building is being converted to commercial offices, and the first floor tenant requires barrier free access. The barrier free access is being provided on the north side of the building and the driveway is being relocated. Mr. Fast, the abutting property owner, advised arrangements for sharing the laneway are being worked out between the two property owners. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of 1361959 Ontario Inc. requesting permission to install a handicapped access ramp for the existing building with a side yard setback of 0.14 m (0.45 ft.) rather than the required 0.75 m (2.46 ft.), on Part of Lots 84, 157, 158 & 159, Registered Plan 376, 130 Weber Street West, 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 COMMITTEE OF ADJUSTMENT 180 OCTOBER 19, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-078 S. Lonnie Jenkins 44 Lydia Street Part Lot 168, Registered Plan 86 Appearances: In Support: Mr. L. Jenkins Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to legalize the two existing driveways to Lydia Street for a corner lot having a width of 19.05 m (62.5 ft.) instead of having one driveway to Lydia Street and the other to Bingeman Street, or a lot width of 30 m (98.42 ft.). One of the existing driveways would be within 6 m (19.68 ft.) of the intersection instead of 9 m (29.52 ft.). The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, advising they have no comments on this application providing there is no third driveway for the subject property from Bingeman Street. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no objection to this application. Mr. B. Sloan advised the Committee that Traffic staff visited this property and are satisfied there are no major issues with respect to legalizing the two driveways, as there are no major visibility concerns. He cautioned that there should never be a third driveway off Bingeman Street. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of S. Lonnie Jenkins requesting permission to legalize the two existing driveways to Lydia Street for a corner lot having a width of 19.05 m (62.5 ft.) instead of having one driveway to Lydia Street and the other to Bingeman Street, or a lot width of 30 m (98.42 ft.); with one of the existing driveways to be within 6 m (19.68 ft.) of the intersection rather than the required 9 m (29.52), on Part Lot 168, Registered Plan 86, 44 Lydia Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That there shall be no third driveway from Bingeman Street. 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: Appearances: A 2004-079 K-W Counselling Services Inc. 861 King Street East Part Lot 25, Registered Plan 404 In Support: Mr. R. Reichart COMMITTEE OF ADJUSTMENT 181 OCTOBER 19, 2004 4. Submission No.: A 2004-079 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to renovate the existing building and construct an addition for use as an office with 71 parking spaces instead of the required 79 parking spaces. The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, in which they advise planning staff support the application as the site is within the Central Transportation Corridor (Re-Urbanization Corridor) and are satisfied that it meets the four tests for a minor variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no objection to this application. The Committee considered the comments of the Grand River Conservation Authority, dated October 12, 2004, advising they have no objection to this application. The proposed addition is located partially within the flood fringe portion of the floodplain. A permit from the GRCA has already been issued for the construction of the addition within the floodplain. Mr. Sloan advised the Committee that the development is subject to site plan approval. Mr. Reichart advised the Committee that K-W Counselling Services has received site plan approval for 79 parking spaces. There are 4 legal parking spaces at the King Street side of the property that access King Street in a difficult manner, and the City would prefer these spaces be eliminated. The applicant would also like to eliminate 4 parking spaces on the Charles Street side of the property to allow relocation of the Charles Street access. Such a relocation will eliminate congestion at the Charles Street entrance. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of K-W Counselling Services Inc. requesting permission to construct an addition for use as an office with 71 parking spaces rather than the required 79 parking spaces, on Lot 1, Part 1, Registered Plan 404, 861 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall landscape the King Street frontage in the manner shown in Option 'A' on the plan submitted with this application. 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 COMMITTEE OF ADJUSTMENT 182 OCTOBER 19, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-080 Holly Robertson-Dankowsky 540 Frederick Street Part Lot 60, Municipal Compiled Plan 764 Appearances: In Support: Mr. & Mrs. R. Dankowsky Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to have two parking spaces in the rear yard for a home business rather than the maximum permitted one parking space. The Committee considered the report of the Development & Technical Services Department, dated October 13, 2004, advising they have no comments subject to a visual barrier being provided on the westerly side of the rear yard, adjacent to the proposed parking spaces, to the satisfaction of the City's Manager of Design and Development within 3 months of the Committee of Adjustment decision. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no objection to this application. Ms. Dankowsky advised there will be 3 parking spaces in the rearyard, 1 for the dwelling and 2 for the home business. As she has an employee for her home business, she requires an additional parking space. With respect to the City's requested condition for a visual barrier, Ms. Dankowsky advised they already have a 7 ft. high fence around the rearyard. When questioned by the Committee, Ms. Dankowsky advised theirs is the first residential property along Frederick Street. Beside them is a doctor's office with a paved rearyard. A discussion took place with respect to surface treatment for the parking area. Mr. Dankowsky advised they would first gravel the parking area, later to be asphalted. Mr. Sloan advised the parking area can be covered with a hard dust-free surface. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Holly Robertson-Dankowsky requesting permission to have two parking spaces in the rear yard for a home business rather than the maximum permitted one parking space, on Part Lot 60, Municipal Compiled Plan 764, 540 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall receive approval of a grading plan for the approved parking area, from the City's Director of Engineering within 6 months of the date of this decision. That the parking area shall be covered with a hard, dust-free material for up to 18 months of the date of this decision, after which it must be covered with asphalt. 3. The owner shall maintain a visual barrier around the rearyard. 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 COMMITTEE OF ADJUSTMENT 183 OCTOBER 19, 2004 Submission No.: Applicant: Property Location: Legal Description: A 2004-081 Stephen Stapleton Lyndale Estates Inc. Colton Circle Block 169, Registered Plan 58M-331 Mr. P. Britton advised he was involved in the preparation of the original Zoning By-law for this property, and would excuse himself from the Committee during consideration of this application if the applicant wishes. Mr. Haramis advised he had no concerns with Mr. Britton participating in consideration of this application. Appearances: In Support: Mr. P. Haramis Mr. S. Stapleton Contra: None Written Submissions: None The Committee was advised that the applicant request permission to construct street front townhouses in a new subdivision with a rear yard setback to Fairway Road of 15.77 m instead of the required 19.5 m. The Committee considered the report of the Development & Technical Services Department, dated October 15, 2004, suggesting the applicant confirm the block of townhouses adjacent to those which are the subject of this application maintain the required rearyard setback. It also appears that some additional units in this block of townhouses require a rearyard setback variance, and staff suggests this application be amended accordingly. Staff advise they have no concerns with the approval of this application provided the Region has approved the noise study analysis to indicate no physical noise attenuation is required, and conditional on the owner amending the noise implementation clause in their development agreement with the Region. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising the previous noise study determined that a 22 m setback is required to avoid the need for a noise barrier on these lands. Based on the setbacks indicated on the current site plan, an addendum to the previous noise study has determined that a noise barrier is not required, but a noise warning clause is. The developer will have to amend their agreement with the Region for Stages 1 and 2 of the subdivision to reflect the requirements of the amended noise study. Mr. P. Haramis distributed a new plan showing the proposed location of townhouses on the abutting property, Block 170, showing Units 9, 10 and 11 requiring approval of rearyard setback. He asked permission to amend this application to include the variances on Block 170, and the Committee agreed to consider the requested amendment. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Stephen Stapleton Lyndale Estates Inc. requesting permission to construct street fronting townhouses with a rear yard setback to Fairway Road of 15.77 m (51.73 ft.) for Units 1 - 8 on Block 170, and 17.264 m (56.64 ft.), for units 9, 10 & 11 on Block 169 rather than the required 19.5 m (63.97 ft.), on Blocks 169 and 170, Registered Plan 58M-331, Colton Circle, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That prior to the issuance of a building permit, the owner shall amend the agreement they have with the Region of Waterloo for Stages 1 & 2, of Plan of Subdivision 30T-97015 to reflect the requirements of the amended noise study. That the variances as approved in this application shall apply to the townhouse units numbered 1 to 8 as shown on the site plan prepared by Lakefield Homes Ltd., Sheet No. A1.01, for Block 170, and the townhouse units 9, 10 and 11 shown on the sketch of Block 169, prepared by ACI Surveying Consultants Inc., dated revised October 15, 2004. COMMITTEE OF ADJUSTMENT 184 OCTOBER 19, 2004 Submission No.: A 2004-081 (Cont'd) 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. 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 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2004-046 2001024 Ontario Limited Vacant parcel next to 30 Sunbridge Crescent Part Lot 124, German Company Tract, being Part 3, Reference Plan 58R-12341 Submission No.: Applicant: Property Location: Legal Description: - and - B 2004-047 Justin Edward & Kimberley Ann Fabian 196 Woolwich Street Part Lots 59 & 124, German Company Tract, being Parts 1 - 12, Reference Plan 58R-4721 Appearances: In Support: Mr. B. Taylor Mr. J. Buisman Ms. P. Schlueter Contra: None Written Submissions: None The Committee was advised that the owners of two adjacent properties at the end of Sunbridge Crescent are proposing to convey parcels of land to each other. A portion of land approximately 324 square metres with no frontage would be conveyed from the unaddressed property to 196 Woolwich Street. A portion of land approximately 67.6 square metres with 12 metres of lot width on Sunbridge Crescent would be conveyed from 196 Woolwich Street to the unaddressed property. Both lots are proposed for the future construction of one single detached dwelling each. The Committee considered the report of the Development & Technical Services Department, dated, October 12, 2004, advising that both properties are adjacent, vacant, and have frontage on Sunbridge Crescent. This report does not approve of the location of the proposed dwelling, as the location will have to be determined through the review and approval of a Tree Management Plan. Staff further explain that the purpose of these applications is to allow for the exchange of land between the two properties which will allow a minor boundary adjustment. The applicants also request approval of a hydro easement for an underground hydro service along the new boundary. Staff have no objection to such an easement; however, they advise the owners must be aware of trees in the area, and that they make best efforts to install hydro services with the least impact on the existing trees. COMMITTEE OF ADJUSTMENT 185 OCTOBER 19, 2004 Submission Nos.: B 2004-046 & B 2004-047(Cont'd) It is noted the Building Division requests a geotechnical report to confirm private servicing. A geotechnical report is already required for the Taylor property as a condition of the consent approval previously granted to create the lot. There will be a requirement through the environmental studies, for the Fabian property, to determine the appropriate location for a septic system, should this parcel develop with private services. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated October 13, 2004, advising they have no objection to these applications subject to an archeological assessment being completed for Submission No. B 2004- 047. The Committee considered the comments of Kitchener-Wilmot Hydro Inc. dated October 12, 2004, advising they have no objection to the approval of these applications provided arrangements are made for proper electrical servicing, including the granting of any necessary easements. The Committee considered comments from the Grand River Conservation Authority, dated October 12, 2004, with respect to Submission No. B 2004-046, advising that although the retained land lies within the Grand River Scheduled Area and contain the Melitzer Creek Provincially Significant Wetland Complex, the proposed severed parcel is not regulated by the GRCA. With respect to Submission No. B 2004-047, the Grand River Conservation Authority advises they have no objections to this application, as the severed parcel is not regulated by the GRCA, and there appears to be sufficient room outside the regulated area on the retained land to construct a single family dwelling. Mr. Buisman addressed the Committee advising they would like a blanket easement for hydro servicing as they would like the flexibility to locate it as needed depending on the location of the trees. Mr. Sloan suggested approval of the location of the easement be conditional on the Tree Management Plan, and the approval of Kitchener-Wilmot Hydro and Planning staff. The Committee advised they are not prepared to approve a blanket easement and directed the applicants to finalize their Tree Management report and from that, determine the exact location for the hydro easement. The Committee agreed to defer consideration of this application to December 7, 2004, for this purpose. Further, the Region of Waterloo staff are invited to attend the December 7th meeting to speak to their request for an archaeological assessment for Submission No. B 2004-047. CONSENT & MINOR VARIANCE 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 Parts 2, Reference Plan 58R-14100 Submission No.: Applicant: Property Location: Legal Description: - and - A 2004-082 Gravity Custom Homes Ltd. 875 Thomas Slee Drive Part Lot 35, Parts 2, Registered Plan 58M-109, being Reference Plan 58R-14100 Appearances: In Support: Mr. K. Marinovic Ms. G. Zaja COMMITTEE OF ADJUSTMENT 186 OCTOBER 19, 2004 1. Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) Contra: Ms. B. Noe Ms. M. Mundi Ms. M. McLean Ms. E. Kadlec Ms. J. Belsky Written Submissions: Ms. P. Dounie Mr. & Mrs Belsky and Family Mr. & Mrs. B. Noe Mr. & Mrs. U. Mundi Mr. & Mrs. McLean The Committee was advised that the applicant requests permission to create a new lot with a width of 57.4 m (188.3 ft.) 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 (125.98 ft.) 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-1 zoning of the subject lands. The Committee considered the report of the Development & Technical Services Department, dated October 8, 2004, advising the subject land is located at 875 Thomas Slee Drive, near New Dundee Road and the southern terminus of Pinnacle Drive. The land is currently designated Low Rise Residential in the Municipal Plan and is zoned Residential One Zone (R-l). This zoning permits single detached dwellings on lots having an area greater than 0.4 hectares. Typically, this zoning is applied to lands where limited services are available and the required 0.4 hectares ensures adequate space is provided for a septic system. The subject lands currently contain one single detached dwelling under construction located on the lot proposed to be severed (see plan). The proposed lot to be retained is currently vacant. Lands to the east of the subject lands have been developed with large-lot single detached dwellings, and lands to the west of the subject lands have been developed with singles on smaller sized lots. The subject lands were severed from lands addressed as 879 Thomas Slee Drive in 2003. At the time of the previous consent application, the owner also applied for a minor variance requesting a reduction in lot area from 0.4 hectares to 0.27 hectares for the lot to be retained and 0.23 hectares for the lot to be severed. Through the circulation of the application the Engineering Department commented that municipal sanitary sewers were available near the western edge of the lot to be retained, and that the lot to be retained could be municipally serviced. Due to steep slopes along Thomas Slee Drive the sanitary sewer could not be extended further along Thomas Slee Drive to the lot to be severed. A geo-technical investigation was carried out in support of the applications and found that a lot of 0.23 hectares was large enough for a private septic system. As such, the consent application and minor variances were approved. Today, the applicant is proposing to sever the retained 0.27 hectare parcel of land into two lots. The severed lot is proposed to have a frontage 38.4 metres and a depth of 54.2 metres. The lot to be retained is proposed to have a frontage of 57.4 metres and a depth of 58.0 metres. A Minor Variance application has been submitted to permit the lots to be severed and retained to have areas of 0.14 hectares and 0.13 hectares respectively, rather than 0.4 hectares. The most significant issue effecting the subject applications is the availability of services. Full municipal services are available for the lot to be severed, but are not be available for the portion of the lot to be retained and an onsite septic system is proposed. 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, Planning staff offer the following comments. COMMITTEE OF ADJUSTMENT 187 OCTOBER 19, 2004 1. Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) The variances meet the intent of the Municipal Plan for the following reasons. The intent of the Municipal Plan is to ensure efficient and adequate services are available to all residential lots. The lot to be severed can be serviced by municipal water, storm and sanitary sewers and therefore meets the intent of the Municipal Plan. The lot to be retained can be serviced by municipal water and storm sewers, but cannot be serviced by municipal sanitary sewers. The intent of the Municipal Plan is to permit development on, "individual septic systems when associated with...infilling situations in existing unserviced developed areas where other forms of servicing are not feasible..." This is outlined in Section 4.1.6 i) of the Municipal Plan. The proposed severance resulting in the retained lot having an area of 0.13 hectares rather than 0.4 hectares can be considered infill in an existing unserviced developed area. Servicing is not feasible in this situation because of the extremely steep slope and the shallow depth of the existing sanitary sewer. The proposed variance and severance will meet the requirements of this policy and therefore, the intent of the Municipal Plan is maintained. The variances meet the intent of the Zoning By-law for the following reasons. The zoning by-law requires that lots zoned Residential One Zone (R-l) have a minimum area of 0.4 hectares. The purpose of the requirement for a 0.4 hectare lot is to ensure there is adequate room on site for a septic system. Currently, the portion of the lot closest the sewer connection can be serviced by municipal sanitary sewers. Hence, the proposed lot to be severed can be municipally serviced and a septic system is not necessary and therefore, a lot area of 0.14 hectares meets the intent of the Zoning By-law. The portion of the lot to be retained cannot be serviced by municipal sanitary sewers and will require a septic system. The geo-technical investigation submitted indicates that a specific type of septic system could operate and be installed on a lot having an area of only 0.13 hectares. The Building Division has reviewed the proposed septic system, and although it is not the preferred type of septic system (given the required maintenance) it will comply with the Building Code. Therefore, the intent of the by-law is maintained. The variances are minor for the following reasons. Despite the requested reduction in lot size, the lot width and frontage exceed by-law requirements and there will be little impact on the visual streetscape. The proposed lots would help to provide an appropriate transition between the smaller sized lots to the west and the larger sized lots to the east. The proposed lot areas at 0.13 and 0.14 hectares provide lot areas sufficient to build single detached dwellings with adequate room on the lot to be retained for an onsite septic system. The lots created will fit into the existing neighbourhood and therefore the variances are considered minor and appropriate for the development and use of the lands. 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, and although variances are required for the lot areas of both the retained and severed lot, the lot areas of both parcels are sufficient to accommodate the future development of single detached dwellings. Therefore, the proposed configuration of the resultant lots is appropriate and suitable for the use of the lands. Also, the severed and retained parcels will be compatible in size with lots in the surrounding areas and will provide a transition between the small lots to the west and the large lots to the east. Both the lots will front an established public street, Thomas Slee Drive, and the consent will comply with the servicing policies of the Municipal Plan. Engineering Services has identified that storm sewer and water services are available for the lot to be retained and the lot to be severed and arrangements should be made for the appropriate connections. Due to the grades along Thomas Slee Drive, sanitary sewer service is available for the lot to be severed, but not for the lot to be retained. Engineering staff caution that while a private septic tank may meet the requirements of the Building Code, the site is significantly smaller than average for a septic system. Furthermore, a paved driveway ramp, sidewalk contribution and boulevard landscaping will also be required. The Building Division advises that the proposed onsite sewage system as recommended by the draft Geo-technical Investigation, prepared by Naylor Engineering Associates Ltd. and dated August 19, 2004, meets the regulations of the Building Code. Staff caution that the type of system being proposed is more compact than most systems and as such will probably require annual maintenance. COMMITTEE OF ADJUSTMENT 188 OCTOBER 19, 2004 1. Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) The Committee considered the comments of the Region of Waterloo Transportation Planner, dated October 12, 2004, advising they have no concerns with this application subject to conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated October 13, 2004, stating the need for a noise study to analyze future traffic noise from Thomas Slee Drive. The Committee considered the comments of the Kitchener-Wilmot Hydro Inc., dated October 12, 2004, advising they have no concerns with these applications provided satisfactory arrangements are made for the provision of permanent electrical servicing, including the provision of any necessary easements. The Committee considered the written submission of Michele and Mark McLean, dated objecting to this application, stating that this request does not fit with the continuity of the existing homes and neighbourhood already created. The Committee considered the written submission of the following neighbourhood residents, submitted this date, in opposition to these applications: Ms. P. Dounie, Mr. & Mrs. Belsky and Family, Mr. & Mrs. B. Noe, and Mr. & Mrs. U. Mundi. The Committee had also been provided, by the applicant, with a preliminary report prepared by Naylor Engineering, dated August 19, 2004, with respect to on-site sewage disposal. The Chair questioned why the applicant did not apply for 3 lots when the initial application was made in 2003, and Mr. Marinovic responded the initial plan did not include 3 lots. Originally they proposed 2 lots, one on full services and one on private services. Now they believe it possible, based on the report from Naylor Engineering, to accommodate 2 lots on private services. Mr. Sloan advised that it is the position of Engineering Services that sanitary services can not be extended further along Thomas Slee Drive without great expense. The Chair noted that there is a great concern from the neighbours with respect to private septic systems. He questioned why the report from Naylor Engineering is only preliminary, and Mr. Marinovic responded the report can not be finalized until the size of house is chosen. The Chair noted that in their report the Engineers caution as to the size of house and number of bathrooms. Mr. Marinovic stated he will build the size of house recommended by the Engineer plus a 3 car garage so that the house will fit in with those already in the neighbourhood. Mr. Marinovic advised that another house on this property would be a nice transition along Thomas Slee Drive, as there are smaller homes to the west. The Chair noted that Gravity Custom Homes build a house at 879 Thomas Slee Drive and questioned what representations were made to the purchaser about the abutting property. Mr. Marinovic advised that nothing was proposed about the development on the abutting lands, as they did not know what they were going to do with the property at that time. Ms. M. McLean, 18 Pearwood Court, addressed the Committee advising these applications do not affect her as much as her neighbours; however, when she bought her property, her Real Estate Agent advised there would be 2 estate lots backing onto her lot. Now there will be 3 septic systems backing onto her lot. She questioned how anyone would access these small lots to gain access to the septic systems. Also the lot itself is pie shaped, and although it is wide enough at the street, it is too narrow at the rear and the developer is trying to cram in another lot. Ms. J. Belsky, 532 Pinnacle Drive, addressed the Committee advising she and her family have an estate lot across the street, and the proposed severance of this lot does not fit in with the rest of the street. Further her property has a private well, and she is concerned that too many private septic systems will affect the quality of water in their well. The Chair commented that the Naylor Engineering report can not prove or disprove the impact of the private septic system on the wells. COMMITTEE OF ADJUSTMENT 189 OCTOBER 19, 2004 1. Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) Ms. M. Mundi addressed the Committee advising she lives at 565 Pinnacle Drive, and advised that the developer clearly promised there would only be 1 single family dwelling on this property. She stated she has no concerns with the 2 lots, as approved to date; however, she can not support 3 lots. Further, she has similar concerns as those expressed by the previous two speakers. Ms. E. Kadlec addressed the Committee advising she owns property at 548 Pinnacle Drive, which is directly across from 879 Thomas Slee Drive, and is a 1 acre estate lot. She stated she agrees with those concerns already voiced by her neighbours and does not agree with the construction of another house on this property. Also, she does not agree with private services on this lot, as it barely fits in with the requirements. Ms. B. Noe, 879 Thomas Slee Drive, noted she lives adjacent to the subject property, and both the severed and retained lots will back onto the side of her property. She advised that both the builder and Real Estate Agent assured her that only 1 large house would be built on the property adjacent to hers. She advised of her concerns related to privacy and the number of private septic systems. Mr. Sloan addressed the Committee advising staff gave the previous Application for Consent serious consideration, as the City wants new development on municipal services. The original lot could have been on full municipal services. Through the previous severance it was possible to have 875 Thomas Slee Drive on full services, if it was built as close as possible to the abutting lot; consequently, staff felt that they could support the previous severance of 875 Thomas Slee Drive. Mr. Sloan explained that the current applications caused staff serious concern with respect to compatibility and servicing. With respect to compatibility, a single family dwelling on the severed land is compatible with other single family dwellings in the neighbourhood. The proposed lot frontage and area are smaller than some lots in the area but larger than others. He noted that compatible does not mean the same as. With respect to there being adequate space for a private septic system, Mr. Sloan advised that he discussed the matter with Building Division staff; although the proposed system is not the City's preferred system, it does meet the requirements of the Building Code. The purchaser of this lot would have to be advised that this type of septic system requires a lot of upkeep. The Committee questioned the style of house proposed for the property and was advised that the house would be what ever can be built to accommodate the septic system. The Chair stated the Committee does not know how the proposed form of septic system may affect the ground water, and requested a signed hydrogeological report from the applicant's consultant. The Committee members expressed their concern that there may be a health quality issue if the septic system is not cleaned out and properly maintained. The Chair questioned whether the R-1 Zoning category is premised on private services, and Mr. Sloan advised it is premised on limited services and maintaining a rural character. The Chair questioned whether the reduced lot area is appropriate and whether a zone change is required. The Committee generally agreed to defer consideration of these applications to its meeting scheduled for Tuesday November 16, 2004, and directed the applicant to provide the following: · a hydrogeological report, signed by the applicant's consulting engineer, stating how the proposed septic system will affect the ground water; · agrading plan; · a drawing(s) showing how the proposed house design will present itself to the street; · pictures of other houses in the neighbourhood; and, · an opinion as to why the variance requested is minor, given the intent of the by-law to have the lots large enough for private services. COMMITTEE OF ADJUSTMENT 190 OCTOBER 19, 2004 1. Submission Nos.: B 2004-048 & A 2004-082 (Cont'd) The Chair advised Mr. Marinovic that it would be appropriate to have his Engineer attend the November 16th meeting. He further advised that the applicant needs to satisfy all parties that the proposed development will not affect the neighbours' wells. ADJOURNMENT On motion, the meeting adjourned at 12:00 p.m. Dated at the City of Kitchener this 19th day of October, 2004. Dianne H. Gilchrist Secretary-Treasu rer Committee of Adjustment