HomeMy WebLinkAboutAdjustment - 2004-09-21 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 217 2004
MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and Z. Janecki.
OFFICIALS PRESENT:
Mr. B. Sloan, Planner, Ms. R. J. Brent, Assistant Secretary-Treasurer, Ms. D.
Gilchrist, Secretary-Treasurer
Mr. D. Cybalski, Vice-Chair, called this meeting to order at 9:45 a.m.
MINUTES
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the minutes of the regular meeting of the Committee of Adjustment of August 21,2004, as mailed
to the members, be accepted.
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
Appearances:
In Support: None
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to convey a parcel of land
having a width on Mansion Street of 27.14 m (89.04 ft.), by a depth along Locust Street of 67.73
m (221.88 ft.), and an area of 1696 m2 (18.256.19 sq. ft.); together with easements over the
retained land; and subject to easements in favour of the retained land.
As no one appeared in support of this application, the Committee agreed to defer consideration of
this application to its October 19, 2004 meeting.
This meeting recessed at 10:00 a.m. to allow the Committee to consider an Application for Minor
Variance to the City's Fence By-law and reconvened at 10:35 a.m. with the following members present:
Messrs. D. Cybalski, B. Isaac and Z. Janecki.
NEW BUSINESS
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2004-072
Gary O'Donoghue
116 Union Street
Lot 25, Registered Plan 789
COMMITTEE OF ADJUSTMENT 165 SEPTEMBER 21,2004
Submission No.: A 2004-072 (Cont'd)
Appearances:
In Support:
Mr. G. O'Donoghue
Contra: None
Written Submissions: None
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 and with a setback from Union
Street of 2.1 m (7 ft.) instead of 3.0 m (10 ft.).
The Committee noted the report of the Development & Technical Services Department, dated
September 13, 2004, recommending this application be refused. In their report, staff advise that
a 3 unit multiple dwelling with an attached 3 car garage currently exists on this property; which is
permitted under the Municipal Plan and under the Zoning by-law, subject to regulations.
The proposal to locate 3 parking spaces between the building fa~;ade and the side lot line abutting
a street is contrary to the requirements of the Zoning by-law. The by-law requirements ensure
unobstructed visibility along the street, and less congestion along the streetscape. By eliminating
any possibility for parking behind the building line, staff are of the opinion that there may be a
broader neighbourhood impact, and an impact for pedestrians.
The Committee considered the comments of the Region of Waterloo Transportation Planner,
dated September 13, 2004, advising they have no concerns with this application.
Mr. O-Donoghue advised the Committee he purchased this property a year ago, intending to
convert the garages into dwelling units. His plans have changed, and not all the garages will be
converted. He only requires 3 parking spaces which can be located in the existing driveway.
Mr. Sloan advised the applicant's current plan is to convert 2 of the 3 garages into living space,
and parking must now be provided elsewhere. He advised there are options to move the parking
spaces from the driveway.
The Committee offered Mr. O'Donoghue an opportunity to have consideration of this application
deferred to the meeting scheduled for October 19, 2004, to allow him an opportunity to discuss
the recommendation in the Development & Technical Services Department report with staff. Mr.
O'Donoghue requested consideration of the application be deferred to October 19, 2004.
Submission No.:
Applicant:
Property Location:
Le.qal Description:
A 2004-073
Jason Miller
121 Patricia Avenue
Part Lot 33 & 34, Registered Plan 739
Appearances:
In Support:
Mr. J. Miller
Mr. D. Shane
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to locate a parking space
between the fa~;ade of the building and the street line.
The Committee noted the report of the Development & Technical Services Department, dated
September 13, 2004, recommending this application be approved.
COMMITTEE OF ADJUSTMENT 166 SEPTEMBER 21,2004
1. Submission No.: A 2004-073 (Cont'd)
The Committee considered the comments of the Region of Waterloo Transportation Planner,
dated September 13, 2004, advising they have no concerns with this application.
Mr. Miller advised he is requesting permission to locate 1 parking space in the front yard to allow
him to use this property as a triplex.
Mr. Sloan advised that a previous owner built a detached garage on the property, so it is not
possible to provide 3 parking spaces in the rear yard. He stated if the owner complies with the
design on the submitted plan, all vehicles on this property will be able to exit onto the street in a
forward motion.
Moved by Mr. B. Isaac
Seconded by Mr. Z. Janecki
That the application of Jason Miller requesting permission to locate a parking space between the
fa~;ade of the building and the street line, on Part Lots 33 & 34, Registered Plan 739, 121 Patricia
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the proposed parking space shall be surfaced with asphalt, screened with appropriate
landscaping and implemented to the satisfaction of the City's Manager of Design and
Development, prior to the issuance of an occupancy permit for the third dwelling unit.
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
CONSENT
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2004-040
Dorothy Britt & Patricia Mocha
9 Lichty Crescent
Part Lot 34, Registered Plan 865, being Part 3, Reference Plan 58R-
1676
Appearances:
In Support:
Ms. D. Britt
Ms. P. Mocha
Mr. J. Ward
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to convey a parcel of land
with a maximum width of 1.25 m (4.1 m ) from 9 Lichty Crescent, as a lot addition to the adjacent
property addressed as 11 Lichty Crescent.
The Committee considered the report of the Development & Technical Services Department,
dated September 8, 2004, recommending this application be approved.
COMMITTEE OF ADJUSTMENT 167 SEPTEMBER 21,2004
Submission No.: B 2004-040 (Cont'd)
The Committee considered the comments of the Region of Waterloo Planning, Housing and
Community Services, dated September 15, 2004, advising they have no objection to this
application.
Ms. Britt and Ms. Mocha advised they have reviewed the staff reports and have no concerns with
them.
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the application of Dorothy Britt & Patricia Mocha requesting permission to convey a parcel of
land with a maximum width of 1.25 m (4.1 m ) as a lot addition to the adjacent property at 11
Lichty Crescent, on Part Lot 34, Registered Plan 865, being Part of Part 3, Reference Plan 58R-
1676, 9 Lichty Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the owners shall make satisfactory financial arrangements with the City of Kitchener
for the payment of any outstanding municipal property taxes and/or local improvement
charges.
That the land to be severed shall be added to the abutting lands addressed as 11 Lichty
Crescent and title be taken in identical ownership as the abutting lands. Any subsequent
conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the
Planning.
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 September 21,2006.
Carried
Submission No.:
Applicant:
Property Location:
Le.qal Description:
B 2004-041
John & Maria Fernandes
73 & 77 Heiman Street
Part of Lot 75, Subdivision of Lot 18, German Company Tract
Appearances:
In Support:
Mr. & Mrs. Fernandes
Contra: None
Written Submissions: None
The Committee was advised that the applicants request permission to create two separate
parcels from an existing merged lot. The severed land will have frontage on Heiman St. of 16.6
m (54.46 ft.) and an area of 780 m2 (8395.85 sq. ft.) and contains an existing multiple dwelling.
COMMITTEE OF ADJUSTMENT 168 SEPTEMBER 21,2004
Submission No.: B 2004-041 (Cont'd)
The retained land will have frontage of 13 m (42.65 ft.) and an area of 275 m2 (2960.07 sq. ft.)
and contains an existing single detached dwelling.
The Committee considered the report of the Development & Technical Services Department,
dated September 14, 2004, recommending conditional approval of this application.
The Committee considered the comments of the Region of Waterloo Planning, Housing and
Community Services dated September 15, 2004, advising they have no objection to this
application.
The Chair reviewed the conditions requested in the Development & Technical Services
Department report, noting the requirement for a demolition permit. The applicant noted the
demolition of the garage has already taken place, also the landscaping is in place. Mr. Sloan
advised the conditions are still required, as confirmation of fulfillment is still required.
Moved by Mr. B. Isaac
Seconded by Mr. Z. Janecki
That the application of John & Maria Fernandes requesting permission to convey a parcel of land
having a frontage on Heiman St. of 16.6 m (54.46 ft.) and an area of 780 m2 (8395.85 sq. ft.), on
Part of Lot 75, Subdivision of Lot 18, German Company Tract, 73 Heiman Street, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
That the owners shall receive a demolition permit for the detached garage on the severed
lands to the satisfaction of the City's Chief Building Official.
That the owners shall submit a plan identifying that the garage on the severed lands has
been demolished and replaced with the required parking, and indicates the new and
existing landscaped areas to ensure compliance with the Zoning By-law; further, the
owners shall agree to implement said plan, all to the satisfaction of the City's Manager of
Design and Development.
That the owners 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.
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 September 21,2006.
Carried
COMMITTEE OF ADJUSTMENT 169 SEPTEMBER 21,2004
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2004-042
Senberg Management Ltd.
555 King Street East
Lots 86 & 87, and Part Lots 64, 85, & 88, Plan 303, and Part of
Betzner Avenue Closed
Appearances:
In Support:
Mr. W. Appleby
Contra: None
Written Submissions: None
The Committee was advised that the applicant requests permission to sever a parcel of land
having a width of 10.7 m (35 ft.) and an area of 74.8 m2 from 555 King Street E to be conveyed as
a lot addition to the property addressed as 533 King St. East.
The Committee considered the report of the Development & Technical Services Department,
dated September 10, 2004, recommending conditional approval of this application.
The Committee considered the comments of the Region of Waterloo Planning, Housing and
Community Services, September 15, 2004, advising they have no objection to this application.
The Committee considered the comments of Kitchener-Wilmot Hydro dated September 14, 2004,
requesting certain conditions be imposed if this application is granted.
Mr. Appleby addressed the Committee with respect to the Region's comments, stating a Record
of Site Condition should not be required. He concurred with the requested conditions of
Kitchener-Wilmot Hydro.
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the application of Senberg Management Ltd. requesting permission to convey a parcel of
land having a width of 10.7 m (35 ft.) and an area of 74.8 m2 as a lot addition to 533 King Street
East, on Lots 86 & 87, and Part Lots 64, 85, & 88, Plan 303, and Part of Betzner Avenue Closed,
555 King Street East, Kitchener, Ontario, BE GRANTED subject to the following conditions:
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding property taxes and/or local improvement charges.
That the land to be severed shall be added to the abutting lands addressed as 533 King
Street East and title be taken in identical ownership as the abutting lands. Any
subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)
and/or (5) of the Planning Act.
That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the relocation costs of any existing Kitchener-Wilmot Hydro Inc. plant.
That the owner shall make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc.
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.
COMMITTEE OF ADJUSTMENT 170 SEPTEMBER 21,2004
3. Submission No.: B 2004-042 (Cont'd)
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 September 21,2006.
Carried
CONSENT & MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2004-043
810711 Ontario Inc.
1014 Victoria Street North
Lot 1, Municipal Compiled Plan 971, being Parts 6 and 7, Reference
Plan 58R-14569
Submission Nos.:
Applicant:
Property Location:
Legal Description:
and -
B 2004-044 & A 2004-074
1324251 Ontario Inc.
990 & 1000 Victoria Street North
Part Lot 51, Municipal Compiled Plan 763, being Parts 3, 4 and 5,
Reference Plan 58R-14569
Appearances:
In Support:
Mr. J. Murray
Mrs. Witzel
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to create 3 separate
parcels from an existing lot. One lot would have frontage on Victoria Street of 107.8 m (353.67
ft.) and an area of 0.79 ha (1.95 ac). The second lot would have frontage on Victoria Street of
60.96 m (200 ft.) and an area of 0.53 ha (1.309 ac). The third lot (retained) would have frontage
on River Road of 79.5 m (26.08 ft.) and an area of 1.7 ha (4.20 ac). All of the proposed lots
contain existing commercial buildings.
In addition to the consents, minor variances have been requested for the property at 990 - 1000
Victoria Street North to permit a westerly side yard setback of 1.1 m (3.60 ft.) instead of 3 m (10
ft.) and easterly side yard setback of 1.95 m (6.39 ft.) instead of 3 m (10 ft.).
The Committee considered the report of the Development & Technical Services Department,
dated September 10, 2004, recommending conditional approval of these applications.
The Committee considered the comments of the Region of Waterloo Planning, Housing and
Community Services, September 15, 2004, advising they have no objection to these applications.
Mr. Murray referred to an error in the second last paragraph on page one of the Development &
Technical Services Department report, noting Parts 6 & 7 were owned by two numbered
companies and a named company, and companies can not pass away. In accordance with the
staff recommendations he requested permission to amend Submission No. B 2004-044 and A
2004-074 to request a 1.2 m westerly side yard for 990 & 1000 Victoria Street North.
COMMITTEE OF ADJUSTMENT 171 SEPTEMBER 21,2004
1. Submission Nos.: B 2004-043, B 2004-044 & A 2004-074 (Cont'd)
Submission No. B 2004-043
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the application of 810711 Ontario Inc. requesting permission to convey a parcel of land
having a frontage of 107.8 m (353.67 ft.) on Victoria Street North, and an area of 0.79 ha (1.95
ac), on Lot 1, Municipal Compiled Plan 97, being Parts 6 and 7, Reference Plan 58R-14569,
1014 Victoria Street North, Kitchener, Ontario, BE GRANTED subject to the following condition:
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding 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.
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 September 21,2006.
Carried
Submission No. B 2004-044
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the application of 1324251 Ontario Inc. requesting permission to convey a parcel of land
having a frontage of 60.96 m (200 ft.) on Victoria Street North, and an area of 0.53 ha (1.309 ac),
on Part Lot 51, Municipal Compiled Plan 763, being Parts 3, 4 and 5, Reference Plan 58R-14569,
990 & 1000 Victoria Street North, Kitchener, Ontario, BE GRANTED subject to the following
conditions:
That the owner shall submit a draft reference plan to the satisfaction of the Chief Building
Official, which identifies the severed lands as having a westerly side yard of 1.2 m.
That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding property taxes and/or local improvement charges.
3. That the owner shall receive final approval of Minor Variance Application A 2004-074.
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.
COMMITTEE OF ADJUSTMENT 172 SEPTEMBER 21,2004
Submission Nos.: B 2004-043, B 2004-044 & A 2004-074 (Cont'd)
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 September 21,2006.
Carried
Submission No. A 2004-074
Moved by Mr. Z. Janecki
Seconded by Mr. B. Isaac
That the application of 1324251 Ontario Inc. requesting permission for a westerly side yard
setback of 1.2 m (4 ft.) rather than the required 3 m (10 ft.) and an easterly side yard setback of
1.95 m (6.39 ft.) rather than the required 3 m (10 ft.), on Part Lot 51, Municipal Compiled Plan
763, being Parts 3, 4 and 5, Reference Plan 58R-14569, 990 & 1000 Victoria Street North,
Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
Submission Nos.:
Applicant:
Property Location:
Le.qal Description:
B 2004-045 & A 2004-075
Tim & Sheila Milani
21 & 23 Oak Street
Lot 29, Registered Plan 418
Appearances:
In Support:
Mr. T. Milani
Contra: None
Written Submissions: None
The Committee was advised the applicants request permission to sever the existing lot into two
separate parcels so that each new lot contains one half of the existing semi-detached dwelling.
One lot would have frontage of 7 m (2.96 ft.) and an area of 288 m2 (3100 sq. ft.). The other lot
would have frontage of 8.4 m (27.55 ft) and an area of 325 m2 (3498.27 sq. ft.). Also, minor
variances are requested to permit a side yard setback of 0.63 m (2.066 ft.) instead of 1.2 m (4 ft.),
a lot width of 7 m (22.96 ft.) instead of 7.5 m (24.6 ft.), for the severed land, and to permit the off-
street parking space to be located 0 m (0 ft.) from the street line instead of 6.0 m (19.68 ft.), for
both the severed and retained lands.
The Committee considered the report of the Development & Technical Services Department,
dated September 21,2004, recommending approval of these applications subject to conditions.
COMMITTEE OF ADJUSTMENT 173 SEPTEMBER 21,2004
2. Submission Nos.: B 2004-045 & A 2004-075 (Cont'd)
The Committee considered the comments of the Region of Waterloo Planning, Housing and
Community Services, September 15, 2004, advising they have no objection to Submission No. B
2004-045.
Submission No. B 2004-045
Moved by Mr. B. Isaac
Seconded by Mr. Z. Janecki
That the application of Tim & Sheila Milani requesting permission to convey a parcel of land
having a frontage of 7 m (2.96 ft.) and an area of 288 m2 (3100 sq. ft.), on Part Lot 29, Registered
Plan 418, 21 Oak Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owners shall receive final approval of Application for Minor Variance A 2004-075.
That the owners shall receive approval of a draft reference plan from the City's Manager of
Design & Development showing the proposed locations and widths of the driveways on
the severed and retained lands.
That the owners shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed
lands and/or retained lands as required.
That the owners shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed and retained lands.
That the owners 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.
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 September 21,2006.
Carried
Submission No. A 2004-075
Moved by Mr. B. Isaac
Seconded by Mr. Z. Janecki
That the application of Tim & Sheila Milani requesting permission for a side yard setback of 0.63
m (2.066 ft) rather than the required 1.2 m (4 ft.), and a lot width of 7 m (22.96 ft.) rather than the
required 7.5 m (24.6 ft), for the severed land, and to permit the off-street parking space to be
located 0 m (0 ft.) from the street line rather than the required 6.0 m (19.68 ft.), for both the
severed and retained lands on Lot 29, Registered Plan 418, 21 & 23 Oak Street, Kitchener,
Ontario, BE APPROVED.
COMMITTEE OF ADJUSTMENT 174 SEPTEMBER 21,2004
Submission Nos.: B 2004-045 & A 2004-075 (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
ADJOURNMENT
On motion, the meeting adjourned at 11:27 a.m.
Dated at the City of Kitchener this 21 st day of September, 2004.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment