The URL can be used to link to this page

Home My WebLink AboutAdjustment - 2005-01-11 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 11~ 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and Z. Janecki. 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 9:30 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment of December 7, 2004, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT 1. 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 Registered Plan 1416, Part Block A, Part 1, Reference Plan 58R- 2575 Submission No.: Applicant: Property Location: Legal Description: - and - A 2004-028 Dalimat Investments Limited c/o Frum Developments Group Rittenhouse Road Registered Plan 1416, Part Block A, Part 2, Reference Plan 58R- 2575 Appearances: In Support: Mr. S. Dedman Contra: None Written Submissions: None The Committee was advised that in Submission No. B2004-027 the applicant requests permission to convey a parcel of land with a width on Block Line Road of 35.81 m (117.49 ft.), a depth of 91.12 m (298.95 ft.) and an area of 2,977.33 m2 (32,048.76 sq. ft.) to continue to be used as commercial. The Committee was also advised that in Submission No. B 2004-028 the applicant requests permission to convey a parcel of land with a width on Block Line Road of 23.21 m (76.15 ft.), a depth of 81.48 m (267.32 ft.) and an area of 1,823.275 m2 (1 9,626.21 sq. ft.). COMMITTEE OF ADJUSTMENT 2 JANUARY 11,2005 Submission Nos.: B 2004-027 & B 2004-028 (Cont'd) The Committee noted the comments of the Region of Waterloo Planning, Housing & Community Services, dated April 14, 2004, advising they have no concerns with these applications subject to the submission of a Record of Site Condition acknowledged by the Ministry of the Environment. Mr. Bluhm advised the Committee these applications have been deferred since last spring pending the resolution of zoning matters. City Council has, in principle, approved a zone change to residential zoning for these properties. The retained land will be developed with townhouses, and lands to be severed are to merge in title, to be used for high density residential. The owners must submit a Record of Site Condition to be acknowledged by the Ministry of the Environment. Mr. Bluhm recommended Submission No. B 2004-028 be amended to allow an easement over the retained land in favour of the severed lands for servicing, as the severed lands are to be serviced from Rittenhouse Road. He recommended approval of these applications subject to certain conditions. He advised that the Region's request for a Record of Site Condition is being looked after through the rezoning process. Submission No. B 2004-027 Moved by Ms. Z. Janecki Seconded by Ms. D. Angel That the application of Dalimat Investments Limited and Forest Glen Venture Corporation requesting permission to convey a parcel of land having a width on Block Line Road of 35.81 m (117.49 ft.), a depth of 91.12 m (298.95 ft.), and an area of 2,977.33 m2 (32,048.76 sq. ft.), on Part Block A, Registered Plan 1416, being Part of Part 1, Reference Plan 58R-2575, 700 Strasburg Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of zone change application ZC 04/05/R/CB. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 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. That the land to be severed in this application shall be added to the land to be severed in Submission No. B 2004-028 and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsection 50(3) and/or (5) of the Planning Act. 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 January 11,2007. Carried COMMITTEE OF ADJUSTMENT 3 JANUARY 11,2005 1. Submission Nos.: B 2004-027 & B 2004-028 (Cont'd) Submission No. B 2004-028 Moved by Z. Janecki Seconded by D. Angel That the application of Dalimat Investments Limited requesting permission to convey a parcel of land having a width on Block Line Road of 23.21 m (76.15 ft.), a depth of 81.48 m (267.32 sq. ft.), and an area of 1,823.27 m2 (19,626.21 m2), together with an easement over the retained land for servicing, on Part of Block A, Registered Plan 1416, being Part of Part 2, Reference Plan 58R- 2575, Rittenhouse Road and Blockline Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of zone change application ZC 04/05/R/CB. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 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. That the land to be severed in this application shall be added to the land to be severed in Submission No. B 2004-027 and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsection 50(3) and/or (5) of the Planning Act. That the owner shall receive approval, from the City's Manager of Design & Development, of a draft reference plan, showing the location and size of the easement for services, over the retained land in favour of the severed land. 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 January 11,2007. This meeting recessed at 10:00 a.m. to allow the Committee to consider variances to the City's Sign By- law, and reconvened at 10:15 a.m., with the following members present: Ms. D. Angel and Messrs. P. Britton and Z. Janecki. Carried COMMITTEE OF ADJUSTMENT 4 JANUARY 11,2005 NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2005-001 Jaime Jacinto 601 Lancaster Street West Part Lot 5, Eby Devitt Survey Appearances: In Support: Mr. J. Jacinto Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a steel detached garage accessory to a legal non-conforming single detached dwelling in a commercial zone. The garage is proposed to be 84 m2 (904.19 sq. ft.) in size, with a height of 5.1 m (16.73 ft.) in the rear yard with a minimum side yard setback of 0.6 m (1.968 ft.) The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, in which they advise that the property has approximately 14 metres frontage on Lancaster Street, and is 1080 sqm (.11 ha) in area. The property contains an existing two-storey dwelling, and shares an informal rear laneway with the surrounding properties that provides access to Wagner Place. The property backs onto a creek tributary, and is subject to Grand River Conservation regulations. The applicant has submitted a minor variance application to construct a garage structure (large steel shed) in the rear yard as an accessory building to a legal non-conforming use (residential dwelling in a C-4 Zone). The garage is approximately 83 square metres in area (9.1 m by 9.1 m), and is intended to shelter a commercial vehicle currently stored outdoors. The proposed garage complies with the existing zoning setback regulations. The Municipal Plan designation for the subject lands is "Mixed Use Corridor". This designation permits a wide range of land uses, that over time, shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The property is dually zoned as Community Zone (C-4) with special provisions 1 R and 10U and Existing Use Zone (E-l) with special provision 190 U. The special provisions relate to: - 1 R: Requirement for Fill, Construction and Alteration to Waterways Permit. - 10U: Dwelling Units shall not be permitted. - 190U: Uses permitted in Section 10.1 but not included those uses prohibited by Section 48.2, shall also be permitted. Staff carefully considered the appropriateness of this application and are satisfied that it meets the intent of the Planning Act regarding legal nonconforming uses by the following comments. The variance is desirable for the appropriate development of the property. The proposed addition is accessory to the existing residential use, and the proposed variance will allow the applicant to build a large garage to store his outdoor equipment/vehicle. The garage is located in the rear yard, and will not impact the Lancaster streetscape. The variance should not have any adverse impact on surrounding uses. The proposed garage structure will not affect the informal rear laneway and, and its location meets the minimum setback requirements of the C-4 Zone category and general regulations for accessory buildings. In addition, the proposed garage is located in the rear yard (which backs onto an open space feature) and will nnot have any impact on the Lancaster street frontage. COMMITTEE OF ADJUSTMENT 5 JANUARY 11,2005 Submission No.: A 2005-001(Cont'd) The variance represents good planning. The proposed variance allows an expansion to a legal conforming use, and provides opportunity for the applicant to shelter his outdoor equipment. The City will be preparing new zoning regulations for the Mixed Use Corridor designation, and new uses may be contemplated for this area. In Planning staff's opinion, and the existing addition will not negatively impact the redevelopment potential in the Mixed Use Corridor. In the future, the proposed garage could also be used as part of a home business/small business operation. Based on the foregoing, Planning staff recommend that the application be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising Lancaster Street has an existing road allowance width of approximately 40 ft. and a designated road allowance width of 66 ft. Therefore, a 13 ft. road widening is required. However, it may not be appropriate to obtain the road widening through this application. The Committee did not consider this request to be an appropriate condition to impose in granting an Application for Minor Variance. The Committee considered the comments of the Grand River Conservation Authority, dated January 5, 2005, advising they have no objections to the above noted application subject to the issuance of a permit for the construction of the garage within the floodplain of Laurel Creek. The Committee considered the request for a permit from the Grand River Conservation Authority, and did not consider imposing such a condition to be necessary, as such a permit is a requirement of the zoning by-law, and will be ensured by the City at the building permit stage. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Jaime Jacinto requesting permission to expand a legal non-conforming use by constructing a steel detached garage 84 m2 (904.19 sq. ft.) in size, with a height of 5.1 m (16.73 ft.) in the rear yard with a minimum side yard setback of 0.6 m (1.968 ft.), on Part Lot 5, Eby Devitt Survey, 601 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That this approval shall apply to the garage generally as shown on the plan submitted with this application. It is the opinion of this Committee that the expansion of the use of this property by constructing an accessory building is a similar use to that for which this property was used on the day the by-law was passed. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2005-002 Bob Savic 26 Idle Ridge Court Lot 120, Plan 1823 Appearances: In Support: None Contra: None Written Submissions: None As no one appeared in support of this application, consideration is deferred to the meeting of February 8, 2005. COMMITTEE OF ADJUSTMENT 6 JANUARY 11,2005 Submission No.: Applicant: Property Location: Legal Description: A 2005-003 Jayne MacLean 24 Stafford Lane Lot15, Plan 1392 Appearances: In Support: Ms. J. MacLean Mr. S. Martin Mr. T. Bauman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition to the existing single detached dwelling in order to have a duplex dwelling. The property is not serviced by the municipal sewage system. The lot is within the Residential Two Zone (R-2) which only permits duplex dwellings on municipal services. Therefore, the owner is requesting a minor variance from this regulation. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, in which they advise they have no objections as a final signed geotechnical report was submitted to the City's Chief Building Official, confirming the suitability of the septic system. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. Mr. Sloan stated that the regulations in the zoning by-law, with respect to the R-2 zone, state no duplexes are permitted unless they are connected to the municipal sewer. The applicant has been working with the City's Building Division, and have submitted a report from Naylor Engineering Associates Ltd., dated November 19, 2004, stating the design of the replacement private on-site Class 4 Sewage System can accommodate 2 units. The Chair stated there should be safeguards in place for maintenance and service of the proposed sewage system, and Mr. Sloan advised there will be a servicing and maintenance agreement. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Jayne McLean requesting permission for a duplex to be serviced by a private sewage disposal system, rather than being connected to the municipal sewer, on Lot 15, Plan 1392, 24 Stafford Lane, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall enter into on agreement with the City of Kitchener, satisfactory to the Chief Building Official, to ensure the servicing and maintenance of the proposed private on-site Class 4 Sewage System in perpetuity, prior to the issuance of a building permit to convert this single family dwelling to a duplex. 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 COMMITTEE OF ADJUSTMENT 7 JANUARY 11,2005 Submission No.: Applicant: Property Location: Legal Description: A 2005-004 Jeff Goldsworthy 7 Clarence Place Block A, Lot 10, Plan 425 Appearances: In Support: Mr. W. Farhood Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to change the legal non- conforming use of the main floor of the existing building about 95 m2 (1,022.6 sq. ft.) from office use to a health clinic use. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application, and advising that a health clinic was the previous legal non-conforming use of this space. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Jeff Goldsworthy requesting permission to change the legal non- conforming use of the main floor of the existing building, being approximately 95 m2 (1,022.6 sq. ft.) in area, from office use to a health clinic use, on Block A, Lot 10, Plan 425, 7 Clarence Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that the use of this property for a health clinic is similar to the use of this property previously approved by this Committee. Carried Submission No.: Applicant: Property Location: Legal Description: A 2005-005 Chester & Rita Kreutzkamp 507 Victoria Street North Part Lots 18 & 19, Plan 157 Appearances: In Support: Mr. C. Kreutzkamp Contra: None Written Submissions: None The Committee was advised that the applicants have demolished a portion of the living space and carport at the rear of the dwelling and are requesting permission to rebuild the structure. This requires a minor variance to permit a rear yard setback of 5.0 m (16.4 ft.) instead of the required 7.5 m (24.6 ft.). The Committee considered the comments of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising Victoria Street has an existing road allowance width of approximately 66 ft. and a designated road allowance width of 86 ft.; therefore, a 10 ft. road widening is required. COMMITTEE OF ADJUSTMENT 8 JANUARY 11,2005 Submission No.: A 2005-005 (Cont'd) When questioned by the Committee, Mr. Kreutzkamp advised that to meet the requirement of the zoning by-law would place the carport in a position where it would block 2 entrances to the house. With respect to the Orders to Comply attached to this application, Mr. Kreutzkamp advised they have been remedied. The Committee considered the request of the Region of Waterloo for a road widening, deeming it not be appropriate for this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Chester & Rita Kreutzkamp requesting permission to rebuild a portion of living space and carport at the rear of the dwelling with a rear yard setback of 5 m (16.4 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lots 18 & 19, Plan 157, 507 Victoria Street North, 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 this 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 2005-006 Concession Holdings 114 Highland Road West Part Lots 1-3, Plan 222, Part 1, (Reference Plan 58R-2828) Appearances: In Support: Mr. F. Glasser Contra: None Written Submissions: None The Committee was advised that there is a special zoning provision that limits the maximum dwelling units on the subject property to 11. The applicant requests a minor variance from this provision to permit 17 dwelling units. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. When questioned by the Committee, Mr. Sloan advised the restriction in the number of units relates to the existing building only. The owner now proposes to construct a third storey to contain the additional residential units, which was not contemplated when the by-law was written. Mr. Sloan advised this development will required site plan approval. COMMITTEE OF ADJUSTMENT 9 JANUARY 11,2005 Submission No.: A 2005-006 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Concession Holdings requesting permission for 17 residential units, with the additional units to be located in a new third storey, rather than the permitted 11 residential units, on Part Lots 1 - 3, Plan 222, being Part 1, Reference Plan 58R-2828, 114 Highland Road West, 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 Submission No.: Applicant: Property Location: Le.qal Description: A 2005-007 Blaze Properties Inc. 233 Lawrence Avenue Part Lot 83, Plan 786 Appearances: In Support: Mr. M. Voll Contra: None Written Submissions: Family Chiropractic and Wellness Centre The Committee was advised that the applicant requests permission for two minor variances to facilitate development of the property for a multiple dwelling. One variance would be to reduce the southerly side yard setback from the required 6 m (19.68 ft.) to 2.5 m (8.2 ft.). The second variance would be to reduce the parking requirement from 84 spaces to 56 parking spaces. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, requesting the application be deferred until the February 8, 2005 Committee meeting pending review of the Site Plan Application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated January 5, 2005, advising they have no objections to the above noted application subject to the two zone floodplain policies and the issuance of a permit. The Committee considered the comments of the City's Transportation Planning, Traffic & Parking Analyst, dated January 4, 2005, advising they cannot recommend approval of the parking space deficiency but would like to review the application through the City's Site Plan Review. The Committee considered the written submission of Ms. C. Straus, Family Chiropractic and Wellness Centre, in which she advises that her property is directly across from the subject property, and she does not feel that 8 visitor parking spaces are adequate. She stated that Transportation Planning does not support this application and she doesn't believe there is parking on the street. COMMITTEE OF ADJUSTMENT 10 JANUARY 11,2005 Submission No.: A 2005-007 (Cont'd) Mr. Sloan advised the applicant has submitted an application for site plan approval; however, there hasn't been time to review that application. He stated it is not possible, without review, to determine if changes to this application may be required. The Committee generally agreed to defer consideration of this application, pending staff's review of the site plan application for this development. Submission No.: Applicant: Property Location: Legal Description: A 2005-008 Jim Pawlowski 605 York Street Part Lot 132, Plan 203 Appearances: In Support: Mr. P. Ciuciura Ms. M. Lantz Mr. J. Ciuciura Mr. J. Campbell Contra: None Written Submissions: Neighbourhood Petition Ms. M. Mansfield The Committee was advised that the applicant requests permission for several minor variances to allow redevelopment of the subject property for a residential dwelling. The variances include: a reduction in lot area from 230 m2 (2,475.78 sq. ft.) to 190 m2 (2,045.2 sq. ft.), a reduced front yard setback from 4.5 m (14.76 ft.) to 2.4 m (7.87 ft.), a reduced setback from the required parking space from 6 m (19.68 ft.) to 3.9 m (12.79 ft.), a westerly side yard setback from 1.2 m (3.93 ft.) to 0 m, and a rear yard setback from 7.5 m (24.6 ft.) to 3.42 m (11.22 ft.). The Committee considered the report of the Development & Technical Services Department, dated January 6, 2005, advising that the subject property is located at the end of one of the sections of York Street, just west of Park Street and Sunlife and north of Union Street. The site is a triangular parcel with the Iron Horse Trail to the rear. The lands were previously zoned Light Industrial and the existing one storey building had been used for a repair shop in the past. The current land use designation is Low Rise Conservation in the K-W Hospital Secondary Plan and the zoning is Residential Five (R-5). The previous industrial use ceased to exist several years ago and the lot and existing building have numerous zoning regulation deficiencies. Currently, there is no legal use established for this property, however, in recent years the building has been occupied as a residential dwelling. The lands have been marketed for sale and over the past few years there have been several proposals to either renovate and add a second storey to the existing building or demolish the building and construct a new dwelling. In both cases, several minor variances would be needed. The proposal submitted by the applicant is perhaps one of the better attempts at trying to redevelop the property. The proposal is to demolish the existing building and construct a "unique" single detached dwelling. In order to facilitate the new dwelling, the applicant is requesting minor variances for the following: 1. Lot area of 190 m2 instead of 230 m2 2. Front yard building setback of 2.4 m instead of 4.5 m 3. Required parking space setback of 3.9 m instead of 6 m 4. Westerly side yard setback of 0.0 m instead of 1.2 m 5. Rear yard setback of 3.42 m instead of 7.5 m 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 11 JANUARY 11,2005 8. Submission No.: A 2005-008 (Cont'd) The subject property and immediate portion of York Street is designated Low Rise Conservation. The intent is to maintain the existing Iow-rise residential character of the area with the creation of new housing through redevelopment consistent with the existing scale and intensity of the area. The designation and implementing R-5 zoning permit single detached, semi-detached, duplex and triplex dwellings subject to certain regulations. The proposed single detached dwelling is a permitted use in the Municipal Plan designation. The proposed dwelling is not the same as the existing traditional-style dwellings on this portion of York Street, which are typically 1.5-2 storeys in height. Given the shape, size and dimensions of the property it is staff's opinion that it would be extremely difficult, if not impossible to construct the same type of dwelling as the existing style of housing on the street. Notwithstanding, a new dwelling does not have to be the same as existing development but should be compatible with the area. The land use designation and zoning consider up to 3 storeys in building height as Iow-rise. Although a 2 storey building would be closer to matching the existing housing, the proposed 3 storey dwelling would comply with the building height requirement and is considered to be compatible in Iow-rise areas. Given the size and shape of the parcel, the requested setback variances are generally reasonable in order to attempt to provide a viable dwelling that more closely matches the size of the existing development on the street. Considering broader Municipal Plan policies of encouraging efficient use of land through redevelopment/intensification and encouraging innovative housing forms, the lot area and other variances meet the intent of the Municipal Plan. The existing parcel is an example of an irregular shaped lot in the central area of the City and it will have to be determined if it can be utilized for suitable infill/redevelopment. The lot area is approximately 190 m2, whereas 230 m2 is the minimum requirement for a single detached dwelling in the R-5 zone. The intent of the lot area requirement is to ensure there is adequate enough land for a suitable dwelling, parking space and amenity area. The applicant's plans illustrate that a reasonably sized dwelling could fit on the subject lands (dependent upon the other variances), there is some amount of amenity space on the lot and provided through a balcony and rooftop terrace and the required parking would be within the dwelling. The applicant explored the potential to acquire some additional lands from the trail corridor through the City's Property Management Committee; however, the recommendation is that the land could not be declared surplus and added to the parcel. There is little else that can be done to increase lot size in terms of land acquisition from adjacent properties. Without the lot area variance, the property would be effectively sterilized from any residential redevelopment. The intent of the current zoning is to have residential use instead of the past light industrial. Although it is the smallest lot on the street, one of the few zoning compliances is that the property has more than adequate frontage which assists with the perception of the lot from the public street. Also, even though the lot area is smaller than the requirement, the proposal would comply with the minimum lot coverage for the building. Therefore, it appears that a single detached dwelling would be suitable for the property and the variance would be appropriate for the use of the land. Furthermore, considering the long standing history of the existing lot size, the impact of legalizing the lot area should be minimal. The applicant is proposing the new dwelling to be setback 2.4 metres instead of the required 4.5 metres. The reduced setback is appropriate in this specific instance of an irregular shaped property at the end of the street and would allow for a more feasible building envelope. The existing building has a front yard setback of 2.4 metres and the new building is proposed to have a varied front yard setback from 3.9 metres to 2.4 metres. The reduced setback still provides enough space for a proper entrance to the dwelling and some element of a front yard. The variance maintains the intent of the by-law and given the specifics of the site and the limited dwellings on the opposite side of the street, the impact should minor. The reduced setback for the required parking space is needed as it is perhaps the only way to fit the required parking space on the property in a relatively conventional fashion. Parking is an issue on York Street. The reduced setback would make it difficult for a vehicle to park in the COMMITTEE OF ADJUSTMENT 12 JANUARY 11,2005 8. Submission No.: A 2005-008 (Cont'd) driveway and not overhang onto the City's right-of-way. However, the subject dwelling would be able to provide a double car garage which meets the minimum parking requirements and provides the opportunity for 2 vehicles to park in the garage if necessary. Further, the reduced setback for the parking space (and dwelling) at the front is a balance with the proposed rear yard setback reduction. Even though the required parking space would be approximately 2 metres closer to the street than the requirement, it allows for the required space to be located on the property (no current legal space) and the front habitable portion of the dwelling would project closer to the street than the garage which is part of the intent of the by-law. Therefore, the subject variance is appropriate for the development. The intent of the side yard setback is to allow for building separation and maintenance/access to exterior walls, etc. The requested variance to have a building setback of 0 metres to the westerly lot line would have no major impact with respect to visual encroachment upon the adjacent property as it would be the City trail corridor. However, the applicant would have to confirm that the westerly wall would comply with the Building Code with respect to windows/openings and spatial separation. Furthermore, staff typically do not support side yard variances below 0.6 metres for the construction of a new dwelling. As proposed, it appears as though the occupant would have to enter City property for any future maintenance of the westerly wall. Staff suggest that the applicant should consider providing some setback to the westerly lot line and shifting the building slightly forward to the front lot line. In addition, the applicant should identify the spatial separation requirements and building materials/maintenance requirements of the wall, or the possibility of any maintenance agreement on the City lands if needed. Although the impact could be considered minimal, staff do not consider the proposed variance as meeting the intent of the by-law or as being fully appropriate for the development. The rear yard setback has been considered from the point of the triangle of the westerly and easterly side lot lines. The purpose of the typical 7.5 metres rear yard setback requirement is to ensure there is some private amenity space and that there is an appropriate building separation. If the 7.5 metre requirement was maintained, it would essentially mean a 0 metre front yard setback or an unfeasible development. The proposed dwelling should still have some small rear space/separation, a standard side yard, some front yard space in addition to a balcony over opposite side of dwelling plus a roof-top terrace. Therefore, the occupants should have some element of private amenity space. With respect to impact and appropriateness, the property to the rear is the City trail corridor so there should be no major issue of building separation or impact in that regard. The biggest impact would be to the adjacent property to the east at 603 York Street. The proposed dwelling does maintain the side yard setback to that common property line, but there may be some imposition given the proposed building height. Staff recommend that there may be less impact if the number and size of windows were limited on the side of the dwelling towards the rear and if the rooftop terrace is appropriately screened to the adjacent property. In lieu of moving the building even closer to the street, in order to provide a viable building envelope and for the above noted reasons, the overall impact should be minimal and the variance could be considered appropriate for the development of the property. Based on the foregoing, Planning staff recommend that application A2005-008 for a lot area of 190 m2 instead of 230 m2, a front yard building setback of 2.4 m instead of 4.5 m and a required parking space setback to the front lot line of 3.9 m instead of 6.0 m for a single detached dwelling only, be approved; and that a rear yard setback of 3.42 m instead of 6.0 m be approved provided that any new building has a limited number and size of windows along the easterly side of the building and that screening of any accessible rooftop area is provided along the easterly side all to the satisfaction of the Chief Building Official; and that the westerly side yard setback of 0.0 m instead of 1.2 m be refused. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 13 JANUARY 11,2005 8. Submission No.: A 2005-008 (Cont'd) Mr. Sloan summarized the requests made in this application, stating there has to be some consideration of variances because of the size and configuration of the lot. Planning staff are of the opinion the proposed development is the most appropriate for this property. Mr. Ciuciura advised the Committee a considerable amount of work has been done to design a house for this lot. With respect to the 0 m sideyard adjacent to the Iron Horse Trail, he advised the size of the house requires the space. In order to meet the 1.2 m required sideyard, the house of 2100 sq. ft. would have to be reduced in size by 24%. In considering Building Code requirements, the nature of the construction and the amount of window area are of importance. He advised he has spoken with the Chief Building Official who has stated he will support a restrictive convenant relative to the Iron Horse Trail for specific, limited openings in that wall. He advised there will be a stairwell at that wall, and they will use either glass block or very small windows in that location. Mr. Sloan advised Planning staff would still like to explore their options, such as moving the building forward, or a maintenance easement. He advised the main concern is with maintenance. Mr. Ciuciura advised that moving the house forward is not an option, as it would bring the house to the sidewalk and it would look out of place. The Chair questioned whether there is any opportunity for a maintenance agreement with the City; as staff have a legitimate concern with respect to maintenance. Mr. Ciuciura stated he did not want to have the Committee's consideration of this application deferred, as he is unsure whether the vendor would be willing to extend the closing. The Chair then suggested the option of moving the house forward by 2 ft. in order to provide a 2 ft. sideyard adjacent to the trail. Mr. Janecki questioned the retaining wall on the Iron Horse Trail side of the property. Mr. Ciuciura advised the City has agreed to tear down the retaining wall, and to give access for this purpose. The retaining wall was a platform for the railway when it ran down the Iron Horse Trail. In light of Mr. Ciuciura's concern about deferring the application, and the Committee's concern about maintenance of the wall proposed along the Iron Horse Trail, the Committee determined it would provide the applicant with 2 options. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Jim Pawloski requesting permission to construct a single family dwelling and garage on a lot having an area of 190 m2 (2,045.2 sq. ft.) rather than the required 230 m2 (2,475.78 sq. ft.), with a reduced front yard setback from York Street of 2.4m (7.87 ft.) rather than the required 4.5 m (14.76 ft.), and a reduced front yard setback from York Street for the required parking space of 3.9 m (12.79 ft.) rather than the required 6 m (19.68 ft.), a westerly side yard setback of 0 m rather than the required 1.2 m (3.93 ft.), and a rear yard setback of 3.42 m (11.22 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lot 132, Plan 203, 605 York Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall enter into a maintenance agreement with the City of Kitchener for use of a portion of the Iron Horse Trail, immediately adjacent to the westerly lot line of the subject property, to allow for the maintenance of the westerly wall of the proposed single family dwelling, and the City shall agree to remove the retaining wall adjacent to the westerly lot line of the subject property. The maintenance agreement required in this condition shall be prepared by the City Solicitor, and shall be satisfactory to the City's Chief Building Official. That the variances as approved in this application shall apply to the house design, generally as shown on the plans submitted with this application; and further, COMMITTEE OF ADJUSTMENT 14 JANUARY 11,2005 Submission No.: A 2005-008 (Cont'd) That should the owner not be able to fulfil Condition #1 above, the application of Jim Pawloski shall BE APPROVED as follows: Permission to construct a single family dwelling and garage on a lot having an area of 190 m2 (2,045.2 sq. ft.) rather than the required 230 m2 (2,475.78 sq. ft.), a reduced front yard setback from York Street of 1.8 m (5.87 ft.) rather than the required 4.5 m (14.76 ft.), with the required parking space having a reduced front yard setback from York Street of 3.1 m (10.79 ft.) rather than the required 6 m (19.68 ft.), a westerly side yard setback of 0.6 m (2 ft.) rather than the required 1.2 m (3.93 ft.), and a rear yard setback of 3.42 m (11.22 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lot 132, Plan 203, 605 York Street, Kitchener, Ontario, subject to the following condition: That the variances as approved in this application shall apply to the house design, generally 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 2005-009 Uwe & Heike Thamm 232 Doon South Drive Lot 12, Registered Plan 58M-158 Appearances: In Support: Ms. A. Finch Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to install an air conditioning unit for the existing single detached dwelling with a southerly side yard setback of 0.5 m (1.64 ft.) instead of the required 0.6 m (1.96 ft.) The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Uwe & Heike Thamm requesting permission to install an air conditioning unit for the existing single detached dwelling with a southerly side yard setback of 0.5 m (1.64 ft.) rather than the required 0.6 m (1.96 ft.), on Lot 12, Registered Plan 58M-158, 232 Doon South Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 15 JANUARY 11,2005 Submission No.: A 2005-009 (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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 10. Carried Submission No.: Applicant: Property Location: Legal Description: A 2005-010 John Pentilchuk 44 Belleview Avenue Lot 46, Plan 720 Appearances: In Support: Mr. J. Pentilchuk Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a 1.5 storey addition to the existing dwelling with a side yard setback abutting Becker Street of 2 m (6.56 ft.) instead of the required 4.5 m (14.76 ft.). The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of John Pentilchuk requesting permission to construct a 1.5 storey addition to the existing dwelling with a side yard setback abutting Becker Street of 2 m (6.56 ft.) rather than the required 4.5 m (14.76 ft.), on Lot 46, Plan 720, 44 Belleview 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 COMMITTEE OF ADJUSTMENT 16 JANUARY 11,2005 11. Submission No.: Applicant: Property Location: Legal Description: A 2005-011 Activa Holdings Inc. 63 Indigo Street Lot 77, Registered Plan 58M-283 Appearances: In Support: Mr. B. Johnson Mr. S. Osaduke Contra: None Written Submissions: None Mr. P. Britton advised he does consulting work for Activa Inc., although he has no current involvement with this property. He offered to remove himself from consideration of this application if the parties involved wished him to do so. Messrs. Johnston and Osaduke advised they had no concerns with Mr. Britton remaining on the Committee to consider this application. The Committee was advised that the applicant requests permission to allow a rear yard setback for a house under construction of 7.3 m (23.95 ft.) instead of the required 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, stating they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 4, 2005, advising they have no concerns with this application. Mr. Johnson advised the builder was directed to reduce the size of the house in order to meet the by-law requirements; however, this information was not passed on to the framing crew. They moved the house further back on the lot to maintain the required setback from the street, thus creating the rearyard variance. Mr Johnson noted the variance only exists at one corner of the rear of the house. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Holdings Inc. requesting permission for a rear yard setback for a house under construction of 7.3 m (23.95 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 77, Registered Plan 58M-283, 63 Indigo Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the house under construction 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 COMMITTEE OF ADJUSTMENT 17 JANUARY 11,2005 12. Submission No.: Applicant: Property Location: Legal Description: A 2005-013 Steve Holditch 600 York Street Lots 146 & 147, Plan 203 The Committee was in receipt of an e-mail from Mr. Holditch advising he is withdrawing this application. CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2005-001 Lyndale South Developments Limited Unaddressed property southwest of Fairway Road & Zeller Drive Part of Lot 117, German Company Tract Appearances: In Support: Mr. E. Saulesleja Contra: None Written Submissions: None Mr. Saulesleja requested consideration of this application be deferred to allow an opportunity to discuss with staff the requested parkland dedication, and the Committee agreed with the request. Submission No.: Applicant: Property Location: Legal Description: B 2005-002 Russell & Dianne Shildroth 32 Lang Crescent Part Lot 59, German Company Tract, being Part 2, Reference Plan 58R-6787 Appearances: In Support: Mr. & Mrs. Shildroth Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the existing property to create one new lot. The new lot would have 13.72 m (45 ft.) frontage on Lang Crescent and an area of approximately 530 m2 (5,705 sq. ft.). The intent is to construct a new residential dwelling. The retained lands would have 13.73 m (45.04 ft.) frontage on Lang Crescent, an area of about 531 m2 (5,715.82 sq. ft.) and contains an existing residential dwelling. The Committee noted the report of the Development & Technical Services Department, dated, December 22, 2004, advising the subject property is located on a street consisting primarily of single detached dwellings. The subject property is zoned Residential Three (R-3) Zone. The proposed severed lot would be 13.7m wide with 530.7 square m of lot area. The proposed retained lot would be 13.7m wide with 531 square m of lot area. Both lots conform to the R-3 requirements for single detached dwellings and duplex dwellings. 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 is desirable and appropriate. The configuration of the severed lands can be considered appropriate/suitable for the development of the uses permitted in the zoning and any future development should be compatible with the neighbourhood. Therefore the consent is not considered to be premature or pre-determining the outcome of future planning processes. COMMITTEE OF ADJUSTMENT 18 JANUARY 11,2005 Submission No.: B 2005-002 (Cont'd) A similar application was made and approved in 1989-1990. Certain conditions were approved, however the application has since lapsed. The standard conditions for this application would be: 1. Payment of property taxes 2. Payment for new service connections 3. Payment for the installation of new driveway ramps, etc. 4. Payment of 5% cash-in-lieu of parkland Condition #4 was paid in 1990, and does not need to be reintroduced. Conditions #2 and #3 were also paid in 1990. However, they were paid at the 1990 rate. As such these conditions should be reintroduced with the applicant to pay any additional costs as a result of any increase in rates. Based on the foregoing, Planning staff recommend the application be approved subject to the following conditions: 1) That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2) 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. 3) That the owner 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 lands. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objections to this application. Mr. & Mrs. Schildroth advised they read the report of the Development & Technical Services Department and are in agreement with their recommendation. Mr. Sloan advised the City is asking for the difference in costs between the current rate and the amount paid by the applicants in 1990 for the new service connections and a new driveway ramp. Mrs. Schildroth advised a driveway ramp and driveway have existed on the land to be severed for several years. Aisc, service connections already exist for the severed lot. The Committee agreed to change Conditions 2 and 3 in the Development & Technical Services Department report to require that the amount to be paid shall be the difference between what the owners paid in 1989-1990 and the current rate. Service connections are to be paid for only if necessary. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Russell & Dianne Schildroth requesting permission to convey a parcel of land having a frontage on Lang Crescent of 13.72 m (45 ft.) by a depth of 38.695 m (126.95 ft.), and having an area of 530.741 m2 (5,713.03 sq. ft.), on Part Lot 59, German Company Tract, being Part 2, Reference Plan 58R-6787, 32 Lang Crescent, 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 charges. That the owner shall make financial arrangements with the City's Engineering Services for the installation of all new service connections to the severed land, if necessary. Should payment for service connections be necessary, the amount to be paid by the owners shall be the difference between the current rate and that paid by the owners in 1989-1990. COMMITTEE OF ADJUSTMENT 19 JANUARY 11,2005 Submission No.: B 2005-002 (Cont'd) That the owner shall make financial arrangements with 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 land. The amount to be paid by the owners shall be the difference between the current rate and the amount paid by the owners for this purpose in 1989-1990. 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 January 11,2007. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2005-003 Victoria Swartzentruber 44 Biehn Drive Part Lot 7, Biehn's Numbered Tract, Part 1, Reference Plan 58R-5689 Appearances: In Support: Mr. J. Finlayson Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the existing property to create one new lot. The new lot would have 11.9 m (39.04 ft.) frontage on Biehn Drive and an area of approximately 573 m2 (6,167.92 sq. ft.). The intent is to construct a new residential dwelling. The retained lands would have 8.64 m (28.34 ft.) frontage on Biehn Drive, an area of about 417 m2 (4,488.6 sq. ft.) and contains an existing semi-detached house. The Committee noted the report of the Development & Technical Services Department, dated, December 22, 2004, recommending the subject property is located on a street consisting primarily of single and semi detached dwellings. The existing dwelling is half of a semi-detached dwelling. The subject property is zoned Residential Four (R-4) Zone. The proposed severed lot would be 11.9m wide with 573 square m of lot area. The proposed retained lot would be 8.6m wide with 417 square m of lot area. The retained lands conform to the R-4 requirements for a semi detached dwelling, while the severed lands conform to the R-4 requirements for a single detached dwelling. 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 is desirable and appropriate. The configuration of the severed lands can be considered appropriate/suitable for the development of the uses permitted in the zoning and any future development should be compatible with the neighbourhood. Therefore the consent is not considered to be premature or pre-determining the outcome of future planning processes. COMMITTEE OF ADJUSTMENT 20 JANUARY 11,2005 3. Submission No.: B 2005-003 (Cont'd) Based on the foregoing, Planning staff recommend that the application be approved subject to certain standard conditions as follows: 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 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 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 lands. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objections with this application. Mr. Finlayson advised the owner does not have the funds necessary to pay for the conditions requested by City staff. He asked if these conditions could be fulfilled by the purchaser. The Chair advised conditions have to be fulfilled prior to the creation of the lot, and it is not the City's role to facilitate a real estate transaction. Mr. Sloan suggested Conditions 2 and 3 could be fulfilled through an agreement, provided they are finalized prior to the issuance of a building permit. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Victoria Swartzentruber requesting permission to convey a parcel of land having a frontage on Biehn Drive of 11.9 m (39.04 ft.), by a depth of 48.22 m (158.22 ft.), and having an area of approximately 573 m2 (6,167.92 sq. ft.), on Part Lot 7, Biehn's Numbered Tract, being Part of Part 1, Reference Plan 58R-5689, 44 Biehn Drive, 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 charges. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the following, or shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, to ensure payment for the following prior to the issuance of a building permit: (a) the installation of all new service connections to the severed land; and, (b) the installation to City standards of boulevard landscaping, including street trees and a paved driveway ramp, on the severed land. 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 21 JANUARY 11,2005 Submission No.: B 2005-003 (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 January 11,2007. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2005-004 Pioneer Sportsmen Club 211 Pioneer Tower Road Part Lot 10, Beasley's Broken Front Concession Appearances: In Support: Mr. W. Evens Mr. B. Bartels Mr. P. Hauch Mr. J. Richard Contra: None Written Submissions: None Mr. P. Britton advised he has a history of dealing with the Pioneer Sportsman Club as a planning consultant regarding appeals to a number of subdivision in this area. Mr. Richard advised he has no concerns with Mr. Britton participating as a member of the Committee of Adjustment to consider this application. The Committee was advised that the applicant requests permission to sever 0.78 ha (1.926 ac) parcel of land with no frontage on a public street, to be conveyed as a lot addition to the rear yard of an existing property municipally addressed as 27 Maple Manor Court. The retained lands would have frontage of 230 m (754.59 ft.) on Pioneer Tower Road, and area of about 45 ha (111.15 ac) and would continue to be used for the Pioneer Sportsmen Club. The Committee noted the report of the Development & Technical Services Department, dated, December 22, 2004, advising the subject property is part of the Pioneer Sportsmen Club located on Pioneer Tower Road. The lands to be severed are 7,875 square metres in area, and are proposed to be conveyed as a lot addition to the rear of 27 Maple Manor Court. The proposed lot addition extends beyond the rear of the property boundary of 27 Maple Manor Court, to the rear of 28 Maple Manor Court, as the owner is interested in obtaining a buffer to the rear of his property and his neighbour's property should any redevelopment occur on the retained lands (Pioneer Sportsmen Club). The lands are zoned Open Space Zone P-2 and are designated as Open Space in the Municipal Plan. Therefore, if the lot addition were to be approved by the Committee, 27 Maple Manor Court would be "split zoned" with the front portion of the property zoned R-2 and the rear of the property zoned P-2. Only limited uses permitted in the P-2 zone would be permitted on the lands subject to the severance and these are not generally residential uses. Grand River Conservation Authority (GRCA) staff have no concerns with the proposed lot addition subject to the severed lands having a 15 metre setback from the watercourse south of Pioneer Tower Road. The sketch accompanying the application appears to maintain this buffer; however, a survey should be completed prior to approval to confirm the exact location/dimensions of the lot addition. The survey should illustrate the location of the creek and top of bank. As well, COMMITTEE OF ADJUSTMENT 22 JANUARY 11,2005 4. Submission No.: B 2005-004 (Cont'd) GRCA staff suggest the proposed severance align with 27 and 28 Maple Manor Court and not extend past the residential properties. City staff concur with this recommendation and this alignment could be shown on the survey. Based on the foregoing, Planning staff recommends the application be deferred until a survey of the proposed severed lands is submitted and reviewed by GRCA staff to ensure appropriate setbacks from the creek are maintained to the satisfaction of G RCA. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objections to this application. The Committee considered an e-mail from the Grand River Conservation Authority, dated January 10, 2005, recommending this application be deferred, to allow additional time to review a revised plan, background information from the surrounding subdivision files, and to discuss the proposal with technical staff. They recommend the purchaser not pursue access to Pioneer Tower Road. The adjacent subdivision was designed to maintain a buffer to the creek, and it is recommended that the undisturbed buffer continue to be maintained. The Authority also discourages fragmentation of natural resources, and any encroachment of the severed lot within the 15 metre creek buffer would have to be assessed through an environmental study. Further, in order to assess potential impacts to the creek, the use of a right-of-way would also have to be clarified. Mr. Richard advised the intent of the application is to provide a buffer at the rear of 27 & 28 Maple Manor Court. Mr. Bartels had considered a right-of-way over the Pioneer Sportsmen Club to his property, but has since withdrawn this request. With respect to the request of the City and the Grand River Conservation Authority for deferral of this application, Mr. Richard suggested their concerns can be addressed through a condition requiring a reference plan to be approved by them. The reference plan would have to recognize the 15 m setback from the stream, and the concern that the lot addition not extend beyond the southerly limit of 28 Maple Manor Court. Mr. Sloan noted the configuration of the severed land may change if the 15 m buffer from the creek is to be maintained. The Chair responded the severed land should be generally as shown on the sketch submitted with this application. The Chair requested Mr. Richard include the owner of 28 Maple Manor Court in the reference plan process, to which Mr. Richard agreed. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Pioneer Sportsmen Club requesting permission to convey a parcel of land having an area of approximately 0.78 ha (1.926 acres) as a lot addition to 27 Maple Manor Court, on Part Lot 10, Beasley's Broken Front Concession, 211 Pioneer Tower Road, Kitchener, Ontario BE GRANTED, subject to the following conditions: That the owner shall receive approval from the City's Manager of Design and Development, in consultation with the Grand River Conservation Authority, of a draft reference plan, that shows, among other things: (a) that the southerly limit of the severed land aligns with the southerly limit of the property municipally known as 28 Maple Manor Court; and, (b) that the westerly limit of the severed land shall not encroach into the 15 m creek buffer required by the Grand River Conservation Authority. That the land to be severed in this application shall be conveyed as a lot addition to 27 Maple Manor Court, and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with subsections 50 (3) and/or (5) of the Planning Act. 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. COMMITTEE OF ADJUSTMENT 23 JANUARY 11,2005 Submission No.: B 2005-004 (Cont'd) 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 January 11,2007. Carried Submission No.: Applicant: Property Location: Legal Description: B 2005-005 1017081 Ontario Limited 35 Centennial Road Part Lot 123, German Company Tract, being Part 1, 58R-2311, and Part 3, Reference Plan 58R-5888 Reference Plan Appearances: In Support: Mr. J. Whitney Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the existing property to create one new lot. The new lot would have 173.5 m (569.22 ft.) frontage on Centennial Road and an area of approximately 1.62 ha (4 ac). The intent is to develop the new parcel for industrial purposes. The retained lands would have 87.5 m (287.07 ft.) frontage on Centennial Road, an area of about 0.82 ha (2.025 ac) and contains an existing industrial/office building. The Committee considered the report of the Development and Technical Services Department report, dated December 27, 2004, recommending approval of the application with conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objections to this application. Mr. Whitney advised the applicant is in agreement with the City's requested conditions. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of 1017081 Ontario Limited requesting permission to convey a parcel of land having a frontage on Centennial Road of 173.5 m (569.22 ft.), an irregular shape, and an area of approximately 1.62 ha (4 ac), on Part Lot 123, German Company Tract, 35 Centennial Road, 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 charges. COMMITTEE OF ADJUSTMENT 24 JANUARY 11,2005 Submission No.: B 2005-005 (Cont'd) That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed land. That the owner 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 land. 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 January 11,2007. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2005-006 William H. Kaufman 165 Claremont Avenue Part Lot 61, Registered Plan 350 ????? Appearances: In Support: Mr. A. Roth Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a 428 m2 (4607 sq. ft.) parcel of land with no frontage on a public street, and convey the land as a lot addition to the rear yard of an existing property municipally addressed as 149 Claremont Avenue. The retained lands would have frontage of 68.6 m (225 ft.) on Claremont Avenue, and area of about 0.73 ha (1.8 ac) and would continue to be used as a residential dwelling. The Committee considered the report of the Development & Technical Services Department, dated January 5, 2005, advising they have no objections to this application subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objection to this application. The Committee considered the comments of the Kitchener-Wilmot Hydro, Senior Design Technician, dated January 6, 2005, advising they have no objection subject to a condition. Mr. Roth advised he is in support of the recommendation of the Development & Technical Services Department. COMMITTEE OF ADJUSTMENT 25 JANUARY 11,2005 Submission No.: B 2005-006 (Cont'd) In considering the comments of Kitchener-Wilmot Hydro Inc., the Committee generally agreed that an existing registered easement would continue to apply regardless of the transfer of land to an owner. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of William H. Kaufman requesting permission to convey a 428 m2 (4607 sq. ft.) parcel of land with no frontage on a public street as a lot addition to the rear yard of an existing property municipally addressed as 149 Claremont Avenue, on Part Lot 61, Registered Plan 350, 165 Claremont 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 charges. That the lands to be severed in this application shall be added to the abutting lands municipally known as 149 Claremont Avenue, and title shall be taken in identical ownership with any subsequent conveyance or transaction of the land to be severed complying with Section 50(3) and/or (5) of the Planning Act. 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 January 11,2007. Carried CONSENT & MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: B 2005-007 Waterloo North Condominium Corp. No. 113 1358 King Street East Part Park Lot 25, Registered Plan 58R-1889, Part 6, Plan 404 - and - Submission No.: Applicant: Property Location: Legal Description: A 2005-012 Waterloo North Condominium Corp. No. 113 1358 & 1414 King Street East Part Park Lot 25, Plan 404 Appearances: In Support: Mr. S. McKechnie Ms. J. Pries Contra: None COMMITTEE OF ADJUSTMENT 26 JANUARY 11,2005 Submission Nos.: B 2005-007 & A 2005-012 (Cont'd) Written Submissions: None The Committee was advised the owner requests permission to sever the existing merged property to create one new lot. The new lot would have 14.6 m. (47.9 ft.) frontage on King Street East and an area of approximately 651.3 sq. m. (7,010.76 sq. ft.) There is an existing 2-storey building that is proposed to remain and be used for a use permitted in the Commercial- Residential CR-4 zoning. The retained lands would have 77.3 m. (253.6 ft.) frontage on King Street East, an area of about 0.62 ha. (1.53 acres) and contains an existing 12-storey residential apartment building. A right-of-way for access has also been requested to allow access over each resultant parcel of land for common driveway purposes. Two minor variances have been requested for the severed lands: to permit a lot width of 14.6 m. (47.9 ft.) instead of the required 16 m. (52.49 ft.), and to permit a westerly side yard setback of 0.7 m. (2.29 ft.) instead of the required 1.2 m. (3.93 ft.) The Committee noted the report of the Development & Technical Services Department, dated, December 22, 2004, advising the applicant is proposing to sever a 651.3 m2 property with an existing 2 storey brick dwelling from an existing 0.687 ha property, which also contains a high rise apartment building located at 1414 King Street East. In the past, the properties were under separate owners and later merged into a consolidated lot. The applicant is proposing a right-of-way (reciprocal easements for vehicular access and maintenance) over Parts 4 (in favour of the retained lot) and Part 5 (in favour of the severed lot). Part 2 is a remnant parcel, and will continue to be part of the retained lot. The proposed severance creates a variance related to minimum lot width. The applicant is proposing a 14.595 m lot width, whereas 16.0 m is required. A wider lot width could be provided however, the applicant wishes to keep the existing sign on the retained lands for ownership purposes. The proposed severance also has an existing 0.7 m northerly sideyard. The Zoning By-law requires a minimum 1.2 m sideyard. The northerly sideyard would be considered a legal non- conforming yard reduction for the current use however, would require a separate minor variance application for a new use proposed in the future. The applicant has requested that the 0.7 m northerly sideyard be legalized to allow a wider range of uses on the property. The Municipal Plan designates the property Mixed Use Corridor, which permits a broad range of commercial uses and the full range of institutional uses as well as multiple residential uses. The property is currently zoned Commercial Residential Four (CR-4), and is intended to be rezoned in the near future with new Mixed Use Corridor zoning regulations. The CR-4 zoning permits a limited range of higher density housing (townhouses and multiple dwelling) and a range of commercial uses including office and health offices/clinics. 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 is desirable and appropriate. The configuration of the severed lands can be considered suitable for the purpose for which it is to be subdivided. The proposed severance creates a separate lot for an existing building, and the lot configuration allows for future consolidation with the properties to the north. The proposed lots will continue to share a common access (driveway entrance), enforced through a standard easement agreement (right-of-way). A preliminary review of the site servicing drawings by Engineering staff indicates that both properties have separate service connections. The proposed right-of-way should be amended to include reciprocal easements for overland stormwater runoff and underground services. The proposed severance will not negatively impact the site circulation or parking supply on the newly created lots. COMMITTEE OF ADJUSTMENT 27 JANUARY 11,2005 Submission Nos.: B 2005-007 & A 2005-012 (Cont'd) The proposed variances meet the intent of the Municipal Plan for the following reasons. The subject property is designated Mixed Use Corridor in the Municipal Plan, which permits a wide range of land uses, including a multiple dwelling use, offices and health offices. The existing land uses are permitted in the Mixed Use Corridor land use category. The proposed variances meet the intent of the Zoning By-law for the following reasons. The intent of the CR-4 Zone is to provide appropriately sized lots to accommodate mixed use, higher density development. The site contains two buildings, a high rise apartment and a medical office building. The proposed severance would create a separate lot for each building. The proposed variances (lot width reduction and legalization of the 0.7 m northerly sideyard) would not undermine development potential on the properties. Both sites currently share a common driveway, which will be continued through appropriate easements (right-of-way). The variance is minor for the following reasons. The proposed severance will provide an appropriately sized lot for each building and will not effect the aesthetics of the streetscape. The proposed severance will also result in a minor reduction to the minimum lot width (a 1.405 metre reduction, equivalent to a 9% reduction) and minimum lot width requirement (a 0.5 metre reduction). The variance is appropriate for the development and use of the land for the following reasons. The proposed variances allow the applicant to create a separate lot for each building with adequate parking supply, access to King Street (achieved through appropriate easements) and allows the entrance sign to remain on the retained lot. Development and Technical Services Department staff recommend approval of these applications as follows: That minor variance application A2005-012 be approved provided the side yard setback reduction applies to the extent of the building existing as the date of this approval. That consent application B2005-007 be approved, subject to the following conditions: 1. That minor variance application A 2005-012 received final approval. 2. That satisfactory arrangement be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 3. That the owner convey to the Regional Municipality of Waterloo, without cost and free of encumbrance, a 1.829 metre road widening along the property's entire King Street frontage (shown as Part 3 on the applicant's Plan of Survey). 4. That a joint maintenance agreement, to be approved by the City Solicitor, be registered against title of both the severed and retained lands, to ensure that rights- of-way for access and overland storm water runoff, to both properties are maintained in perpetuity. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005, advising they have no objection to this application providing that prior to final approval, the owner convey at their expense, a 1.829 m road widening. Mr. McKechnie requested an amendment to both applications, as the land to be severed has a frontage of 14.595 m rather than 14.6 m as noted in the applications. He confirmed the municipal address of the retained land is 1414 King Street East, Kitchener. Submission No. B 2005-007 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Waterloo North Condominium Corp. No. 113 requesting permission to convey a parcel of land having a frontage on King Street East of 14.595 m (47.88 ft.) and an area of approximately 651.3 m2 (7,010.76 sq. ft.), subject to a right-of-way in favour of the retained land, and reserving a right-of-way over the retained land, for driveway purposes, on Part Park Lot COMMITTEE OF ADJUSTMENT 28 JANUARY 11,2005 Submission Nos.: B 2005-007 & A 2005-012 (Cont'd) 25, Plan 404, and Waterloo North Condominium Plan 113, 1358 & 1414 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Application Minor Variance A 2005-012. 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 convey to the Region of Waterloo, without cost and free of encumbrance, a 1.829 m road widening along the King Street frontage of the land to be severed. That the owner shall prepare a joint maintenance agreement, to be approved by the City Solicitor, to be registered against title of both the severed and retained lands, to ensure rights-of-way for access and overland storm water run-off for both properties, are maintained in perpetuity. 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 January 11,2007. Carried Submission No. A 2005-012 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Waterloo North Condominium Corp. No. 113 requesting permission for a lot width of 14.595 m (47.88 ft.) rather than the required 16 m (52.49 ft.); and a westerly side yard setback of 0.7 m (2.29 ft.) rather than the required 1.2 m (3.93 ft.), on Part Park Lot 25, Plan 404, 1358 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the side yard setback reduction as approved in this application shall apply to the extent of the building existing on 1358 King Street East, as of the date of this approval. 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 COMMITTEE OF ADJUSTMENT 29 JANUARY 11,2005 ADJOURNMENT On motion, the meeting adjourned at 12:20 p.m. Dated at the City of Kitchener this 11 th day of January, 2005. Dianne H. Gilchrist Secretary-Treasu rer Committee of Adjustment