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HomeMy WebLinkAboutAdjustment - 2005-02-08 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 8, 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Ms. R. Brent, Assistant Secretary-Treasurer and Ms. D. Gilchrist, Secretary-Treasurer Mr. P. Britton, Chair, called this meeting to order at 9:30 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of January 11,2005, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2005-002 Bob Savic 26 Idle Ridge Court Lot 120, Plan 1823 Appearances: In Support: Mr. B. Savic Mr. D. Brzak Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition to the back of the existing house with a rear yard setback of 4.55 m. (14.92 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, advising they have no objections to this application provided the variance applies only to the extent of the building addition as generally shown on the plans submitted with the 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. B. Isaac Seconded by Ms. D. Angel That the application of Bob Savic requesting permission to construct an addition to the back of the existing house with a rear yard setback of 4.55 m (14.92 ft.) rather than the required 7.5 m COMMITTEE OF ADJUSTMENT 31 FEBRUARY 8, 2005 Submission No.: A 2005-002 (Cont'd) (24.6 ft.), on Lot 120, Plan 1823, 26 Idle Ridge Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the building addition, 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2005-007 Blaze Properties Inc. 233 Lawrence Avenue Part Lot 83, Plan 786 Appearances: In Support: Mr. R. Reichard Contra: None Written Submissions: Family Chiropractic and Wellness Centre The Committee was advised that the applicant requests 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 was in receipt of a letter dated January 31,2005, from the applicant requesting an amendment in the parking variance reduction from 84 spaces to 64 spaces rather than 56 spaces as indicated in the original application. The applicant also advises of the need for a variance for the south side yard from 6 m to 2.5 m. The Committee considered the report of the Development & Technical Services Department, dated February 1, 2005, advising the subject property is located on Lawrence Ave between Highland Rd. and Paulander Drive. The subject property is currently vacant, but previously contained a single detached dwelling that was destroyed by fire in 2002. The lands were recently the subject of a Municipal Plan Amendment and Zone Change which changed the land use designation from General Industrial to Medium Rise Residential and the zoning from General Industrial Zone (M-2) to Residential Eight Zone (R-8). The current property owner would like to develop the subject land with a three-story apartment building. The apartment building is proposed to consist of 48 affordable, barrier free, one- bedroom units having floor areas around 56m2 (600ft2). The long, narrow property is impacted by the Henry Strum Greenway/Filsigner Park Floodway, and the Regional floodline, which limit the location of the building, parking and access. The owner is requesting two minor variances. The first requested variance is to permit a 2.5 m side yard setback for a building with a height of 11.5 m rather than the required 6.0 m setback. The second requested variance is to reduce the required number of parking spaces from 84 spaces to 64 spaces. The original application requested a parking variance from 84 spaces to 56 spaces. Staff recommended the application be deferred until Site Plan 'approval in principle' was COMMITTEE OF ADJUSTMENT 32 FEBRUARY 8, 2005 2. Submission No.: A 2005-007(Cont'd) granted, in case any of the requested variances changed. Site Plan 'approval in principle' has now been granted and through consultation with Traffic staff, it was determined that 8 additional parking spaces could be provided to bring the total number of spaces to 64, and the application has been amended to reflect this change. The variances meet the intent of the Municipal Plan for the following reasons. The subject property is designated Medium Rise Residential in the Municipal Plan, which permits multiple residential dwellings. The requested minor variances will facilitate this type of development on a very constrained site. Therefore, the intent of the Municipal Plan is maintained. The variances meet the intent of the Zoning By-law for the following reasons. The purpose of the 6.0 m side yard setback for a building with a height over 10.5 m is to ensure there is an appropriate separation distance between buildings on the subject lands and on any adjacent lands. In this instance there is no opportunity for any development immediately adjacent to the southern property line (property line from which variance is being requested). The front portion of subject land and neighbouring lands are located within the Floodway where no new development can occur. There is currently a single detached house and garage on neighbouring floodway lands, but the proposed multiple residential building must be located behind the existing dwelling because of the location of the Floodway. The rear portion of the neighbouring lands are part of Filsinger Park East and are designated Open Space. It is unlikely that there would be any future development in this portion of the park. Therefore, a 2.5 m setback will not impact existing development or future development on any neighbouring properties and staff consider the intent of the by-law to be maintained. The purpose of requiring 1.75 parking spaces per unit for multiple dwellings is to ensure there is adequate parking for residents and for visitors to the site. There are circumstances under which the by-law permits fewer parking spaces. First, if units are considered bachelor units (less than 51 m2 or 549 ft2) parking can be reduced to 0.165 spaces/unit. The proposed units will be approximately, 56 m2 (600 ft2) just slightly larger than a bachelor unit. The reason the owner prefers not to reduce each unit by 5m2 is to allow the units to be barrier free. Each unit will have one bedroom, a larger than average washroom and hallway to accommodate wheelchair access, and in-unit laundry facilities. The owner admits that there will probably be a demand for one parking space/unit, which is provided along with 16 additional spaces for overflow and visitor parking. Second, if units are located in the central city (bounded by the expressway to the east and south, Homer Watson Boulevard and Belmont Ave to the west and City limits to the north) parking can be reduced to 1.25 spaces/unit. In these circumstances parking can be reduced because units are located in areas where there is reduced car ownership and greater opportunity to use transit. The subject property is one block outside of the Central City area and if the 1.25 spaces/unit regulation is applied to the subject lands only 60 parking spaces must be provided. The owner can provide 64. Additionally, the property is located near a Mixed Use Node (Highland). Mixed Use Nodes are intended to encourage developments that may rely more heavily on transit ridership and pedestrian movement by providing nodes of shopping, services and employment opportunities. This development is located so that it is not necessary to own a car to easily access shopping, employment, and services. Therefore, due to the location near a Mixed Use Node and the central city, and the small size of barrier free units, a reduction in the number of parking spaces from 84 to 64 can be considered appropriate. The variances are minor for the following reasons. A reduced side yard setback can be considered minor because there will not be an impact on any existing developments and there is no opportunity for future development next to the southern property line because of the Floodway and Filsinger Park East. Reduced parking requirements are considered minor because of the size of the units, the location near the central city and the Mixed Use Node and correlated reduced levels of car ownership. Therefore, the variances are minor and are considered appropriate for the development and use of the land. 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 33 FEBRUARY 8, 2005 2. Submission No.: A 2005-007(Cont'd) The Committee considered the written submission of Ms. C. Straus, Family Chiropractic and Wellness Centre, dated January 7, 2005, in opposition to the parking reduction requested in the original application. Mr. Reichart addressed the Committee with respect to the parking variance, stating the variance is reasonable for the following reasons. The property is located just outside the "central city" where the parking requirement is 1.25 spaces per unit rather than 1.75 spaces per unit. If the apartment units would be only 549 sq. ft. in area rather than 600 sq. ft. in area, the parking requirement would only be 0.165 spaces per unit. Mr. Reichart advised the units are to be barrier free which requires them to be slightly larger than 549 sq. ft. to accommodate larger bathrooms and hallways for wheelchair access. He also advised these units will usually be occupied by single people, and the elderly. One parking space per unit with 16 additional spaces will be adequate to accommodate the need, based on experience. With respect to the written submission from the neighbour, Mr. Sloan advised that Traffic staff have been involved in the site plan approval process through which arrangements have been made for overflow parking at the rear of the property. Further, a provision has been included in the site plan agreement that if parking becomes a problem, the parking area will be expanded. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Blaze Properties Inc. requesting permission to construct a 48 unit multiple dwelling, having a height of 11.5 m (37.72 ft.) to have a southerly sideyard setback of 2.5 m (8.2 ft.) rather than the required 6 m (19.68 ft.), and permission to provide 64 off-street parking spaces rather than the required 84 off-street parking spaces, on Part Lot 83, Plan 786, 233 Lawrence 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 CONSENT Submission No.: Applicant: Property Location: Le.qal 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 The Committee was advised that the owner requests permission to sever a 1.38 ha. (3.4 acre) parcel of land, to be conveyed as a lot addition to the adjacent Draft Approved Plan of Subdivision 30T-00201. The lands are currently subject to a zone change application and any future residential development of the severed lands would have access to a future street in the adjacent plan of subdivision. The retained lands would be approximately 14.77 ha. (36.48 acres) in size and includes Draft Approved Plan of Subdivision 30T-97014. COMMITTEE OF ADJUSTMENT 34 FEBRUARY 8, 2005 1. Submission No.: B 2005-001(Cont'd) The Committee considered the report of the Development & Technical Services Department, dated February 2, 2005, advising the subject lands are owned by Lyndale South Developments Limited, and are located west of Zeller Drive and east of Plan of Subdivision 30T-00201 in the Grand River South Community. Currently, the proposal is to convey the lands to be severed to the owners of neighbouring Plan of Subdivision 30T-00201, as a lot addition to Block 163 (Stage 2) and to comprehensively develop the lands with a Vacant Land Condominium (or other subsequent application) potentially for single detached dwellings. The developable portion of the lands (the lands to be severed) are currently designated Low Rise Residential in the Municipal Plan, and Low Density Residential in the Grand River South Community Plan, which permit the proposed residential development. The undevelopable portion of the lands (to be retained) are designated Open Space in both the Municipal Plan and the Grand River South Community Plan. The zone change application for both the developable and undevelopable portions of the lands was approved by Council in January 2005 and is currently in the appeal period. Once finalized the developable (severed) lands would be zoned R-6, 381R and R-6, 1R, 381R and the 'undevelopable' lands, below the 'Slope Stability Setback' as shown on the applicant's Severance Plan Figure 'B', would be Hazard Land Zone (P-3). The subject application is a consent for lot addition for the conveyance of a 1.38 hectare parcel. The application was deferred from the January 11, 2005 Committee of Adjustment meeting to allow the City and applicant to have further dialogue regarding the method of conveyance of the 'undevelopable' lands primarily consisting of the Grand River and Idlewood Creek and associated floodplain and valley lands. The City's Community Services Department has confirmed the need/desire to acquire the valley lands into public ownership. Further discussions have occurred between City staff and the applicant regarding the method of conveyance of the lands. In this instance, staff are no longer recommending that the 'undevelopable' lands below the top of bank be conveyed to the City as a condition of this consent, and the consent application can move forward at this time. The recommendation is that a condition be included requiring the payment of cash-in-lieu of parkland for the severed lands and retained lands (south of Idlewood Creek and north of the Grand River but not north of Idlewood Creek as that portion of the lands were considered as part of 30T-97014) in accordance with Section 51 (1) of the Planning Act. The City will continue to finalize acquisition methods with the applicant. 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 and suitable for the development of the uses permitted in the zoning, and future development should be compatible with the adjacent draft approved plan of subdivision. Servicing will be available for the lands in the immediate future and when consolidated with adjacent lands, there will be access to a public street. As identified in the previous DTS staff report (dated January 5, 2005), the City requires a sanitary sewer easement to connect the new sanitary pumping station on Zeller Drive with the subject lands and development lands to the west. A draft reference plan showing the location of the easement will be needed and the easement will be over the severed and retained lands. Also, the applicant has been conducting an Archaeological Assessment on the retained lands and the Region and City have identified that this should be a condition of consent. Based on the foregoing, Planning staff recommend that the application be approved subject to certain conditions. 1. That Zone Change Application ZC04/11/Z/KS receive final approval. That the deed ensure that the lands to be severed be added to the abutting lands 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, 1995. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges for the severed and retained lands. COMMITTEE OF ADJUSTMENT 35 FEBRUARY 8, 2005 Submission No.: B 2005-001(Cont'd) 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 severed lands and retained lands (between the Grand River and Idlewood Creek). That a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation on the retained lands of any significant archaeological remains found on the site, at the expense of the owner. A copy of the completed assessment and Ministry approval letter must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. That a draft reference plan be provided to the satisfaction of the City's Director of Engineering Services showing an easement for sanitary sewer purposes over the severed and retained lands and further the owner shall provide said easement, without cost and free of encumbrance, to the City 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. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated January 6, 2005 and February 2, 2005 advising they have no concerns provided that prior to any grading or construction, and final consent approval, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. The Committee considered the comments of the Grand River Conservation Authority dated January 5, 2005, in which they advise they have no concerns with this application. A slope stability investigation was completed in July 2001 by Naylor Engineering to determine the appropriate setbacks from the top of the bank for any development adjacent to the steep slope. This study has been reviewed and setbacks previously approved. They have also received a letter report prepared by Naylor Engineering dated November 17, 2004, confirming the property has a suitable storm outlet that will not have an impact on the steep slope adjacent to Idlewood Creek. The mitigation measures for erosion as outlined in the letter are to be incorporated in the future site plan design for the site. The Chair commented on the change in the Development & Technical Services Department report with respect to the method of parkland dedication. He questioned Mr. Saulesleja as to whether he believes it is in the public interest to have this land previously requested for parkland dedication, in the public ownership. Mr. Saulesleja responded he does believe it would be in the public interest, and to that end the City intends to purchase the land. With respect to the City's requested Condition No. 4 in the Development & Technical Services Department report dated February 2, 2005, Mr. Saulesleja advised he disagreed with paying a cash-in-lieu of parkland dedication for the retained land which is undevelopable. He stated the conditions should only apply to the development lands, to which the City's Official Plan Policy applies, and in this case, the severed land is the only portion of the property which can be developed. Mr. Saulesleja also disagreed with the City's Condition No. 5, requiring an archaeological survey and rescue excavation, to apply to the retained land. The retained land is undevelopable; consequently, the land will not be disturbed. Further the owner has already undertaken a survey and rescue excavation, on the land to be severed and part of the land to be retained, and a copy of the complete assessment is currently with the Ministry of Culture. The Committee generally agreed to use the wording for this condition as provided by the Region of Waterloo. The Committee, staff and Mr. Saulesleja then discussed the location for the sewer easement over the severed and retained land. The Chair commented that the severance in combination with the sewer easement allows the subdivider to the west to proceed independently of the subdivider to the east. COMMITTEE OF ADJUSTMENT 36 FEBRUARY 8, 2005 1. Submission No.: B 2005-001(Cont'd) Upon questioning Mr. Sloan advised it is in the public interest to acquire a portion of the land to be retained. The City's initial position was that part of the land to be retained should be acquired for park purposes, given the land is in the floodplain and is hazard land. It was thought, at the time, that the trail corridor would align with the trail in the adjacent plan of subdivision. Since that time, discussions have taken place with City staff, including Park's staff, and the owner's agent. It has been determined that the trail will no longer run through the retained land, but will run across Blocks 163 in Draft Plan of Subdivision 30T-00201, and along the rear of the lots at the easterly end of the proposed Edgewater Crescent. The Chair questioned whether staff are satisfied that acquisition of 100% of the trail is not in jeopardy. Mr. Sloan responded that a portion of the severed land, at the northwest point, maybe required for the trail. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Lyndale South Developments Limited requesting permission to convey a parcel of land having an area of 1.38 ha (3.4 acres) as a lot addition to Block 163 in the adjacent draft approved Plan of Subdivision 30T-00201, subject to an easement if required by the City of Kitchener, across the northwest point of the severed land, for trail purposes, on Part of Lot 117, German Company Tract, Unaddressed property southwest of Fairway Road & Zeller Drive, Kitchener, Ontario, BE GRANTED, subject to conditions: 1. That the owner shall receive final approval of Zone Change Application ZC04/11/Z/KS. That the land to be severed in this application shall be added to the abutting lands described as Block 163 (Stage 2) of Plan of Subdivision 30T-00201, and title shall be taken in identical ownership. 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 the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges for the severed and retained lands. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the severed land. That prior to any grading or construction, and final consent approval, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. A copy of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. That the owner shall provide a draft reference plan to the satisfaction of the City's Director of Engineering Services showing an easement for sanitary sewer purposes over the severed and retained lands and further the owner shall provide said easement, without cost and free of encumbrance, to the City. 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 lands. That the owner shall convey, or provide an easement to the City of Kitchener, at the City's discretion, land at the north west section of the severed land, as may be required for the proper alignment of the trail which is to be located across Block 163 and along the rear of the lots at the easterly end of proposed Edgewater Crescent, Draft Approved Plan of Subdivision 30T-00201. The extent of the land to be conveyed or the easement shall be determined by the City and should the conveyance be required, the size of the land to be severed in this application shall be altered accordingly. The location and size of the land which may be required for the trail shall be shown on a reference plan, which shall be approved by the City's Manager of Design and Development. COMMITTEE OF ADJUSTMENT 37 FEBRUARY 8, 2005 Submission No.: B 2005-001(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 February 8, 2007. Carried 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 B. Isaac. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2005-014 Ted & Barbara Stanley 31 Amherst Drive Lot 6, Part Lot 5, Registered Plan 1480 Appearances: In Support: Mr. T. Stanley Ms. J. M. Oleskevich Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of one off-street parking space located approximately 3.2 m (10.4 ft.) from the street line instead of the required 6.0 m (19.68 ft.) setback. The parking space would be located in the driveway instead of the garage. The Committee considered the report of the Development & Technical Services Department, dated January 31,2005, in which they advise the subject property is located on the south side of Amherst Drive near Conestoga College in the Lower Doon Planning Neighbourhood. The use is a legal non-conforming duplex and the surrounding land use is a mixture of single detached, duplex and student housing. The Municipal Plan designation for the property is Low Rise Residential and the zoning is Residential Three (R-3) with Special Use Provision 319U. In 1996 building permit (# F960905) was issued to permit the conversion from a single detached to a duplex dwelling. Through that application the garage was allowed to be converted to living space, despite at the time being in contravention of the Zoning By-law. The applicant is now seeking approval to legalize one off-street parking space to be situated approximately 3.2 metres from the street line instead of the required 6.0 metres. COMMITTEE OF ADJUSTMENT 38 FEBRUARY 8, 2005 1. Submission No.: A 2005-014 (Cont'd) In considering the requested variance, Planning staff offer the following comments in relation to 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. Over the last several years staff has experienced an increase in the number of applications whereby applicants are either wanting to or have already closed in the garage and request approval for parking ahead of the 6.0 metre zoning requirement. Under normal circumstances Planning staff has difficulty in supporting such requests as it takes away from the garage's primary function which is to park a car and thereby placing a greater burden on the driveway/front yard to support more parking. However, there have been exceptions granted: one is the conversion to living space for a physically challenged person and the second is where the driveway area is long enough to minimize the variance. With this application staff is of the opinion that this application falls under both exceptions and therefore can be supported. First, and as mentioned previously, in 1996 the applicant sought and received a building permit application to convert his home to a duplex. The purpose was to provide independent living for his mother-in-law and at the same time provide care and assistance when she needed it, not unlike a physically challenged person. The conversion of the garage was part of the building permit application to provide additional living space and to provide her own ground level access. Second, the subject property has sufficient lot width to support the parallel parking of two cars without having a negative impact on the streetscape. Lastly, the house is situated back far enough to allow at least a 3 to 3.5 metre setback from the street line to a parked vehicle to not pose a detriment to the neighbours, traffic and streetscape. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 31,2005, in which they advised that they have no concerns with this application. Mr. Stanley advised the Committee that when his mother-in-law leaves the house, he wants to be able to convert this space back to a garage. Upon questioning about the width of his driveway, Mr. Stanley explained the City lowered the street by 18" in front of his property and left him with a messy bank between his driveway and lawn. The lawn and the bank crumbled, so he eventually cut out the bank and built a retaining wall. He advised the driveway width is slightly less than 50% of the width of his lot. Ms. Oleskevich advised she was not opposed to this application, but questioned why Mr. Stanley is being discriminated against by the City. She advised that a substantial number of properties in this area have front lawn parking and multiple cars parked in driveways. Mr. Stanley advised one of the City's By-law Enforcement Officers came to his property as a result of the complaint they received from one of his neighbours. Mr. Sloan advised that Planning staff are aware of the neighbourhood issues and are working to resolve them. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Ted & Barbara Stanley requesting legalization of one off-street parking space located approximately 3.2 m (10.4 ft.) from the street line rather than the required 6.0 m (19.68 ft.), on Lot 6, Part Lot 5, Registered Plan 1480, 31 Amherst Drive, 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 39 FEBRUARY 8, 2005 Submission No.: Applicant: Property Location: Legal Description: A 2005-015 Moira Johnson & Barb Wilson 47 Rauch Court Part Lot 21, Registered Plan 1712, being Part 1, Reference Plan 58R-7261 Appearances: In Support: Mr. S. Sawatzky Mr. D. Sawatzky Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition to the back of the existing house with a rear yard setback of 5.91 m (19.38 ft.) instead of the required 7.5 m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated January 31,2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated January 31,2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Moira Johnson & Barb Wilson requesting permission to construct an addition to the back of the existing house with a rear yard setback of 5.91 m (19.38 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lot 21, Registered Plan 1712, being Part 1, Reference Plan 58R-7261,47 Rauch Court, 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 CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2005-008 Daniel & Natalia Lopes 234 & 238 Belmont Avenue West Lot 19 & Part Lot 18, Lot 20 & Part Lot 21, Re.qistered Plan 778 Appearances: In Support: Mr. F. Heimbecker Contra: None Written Submissions: Mr. D. Lyon The Committee was advised that the applicant requests permission to sever the property to establish two separate lots that will each contain an existing house. The severed lot would have 16.46 m (54 ft.) frontage on Belmont Avenue and an area of approximately 627 m2 (6,749.19 sq. COMMITTEE OF ADJUSTMENT 40 FEBRUARY 8, 2005 1. Submission No.: B 2005-008 (Cont'd) ft.). The retained lot would have 14.63 m (48 ft.) frontage on Belmont Avenue and an area of about 557.4 m2 (6,000 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated February 8, 2005, advising they have no objections to this application provided satisfactory arrangements are made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated February 2, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated February 2, 2005, advising they have no objection to the application as both of the parcels are already developed. The Committee was in receipt of a letter from Mr. D. Lyon requesting this consent be denied until the owner of 234 Belmont Avenue can prove the boundary lines are as indicated on his existing survey. He also requested the owner of 234 Belmont Avenue be required to re-stake the property to show exactly where the severed property begins and ends. In response to the written submission from Mr. D. Lyon, Mr. Heimbecker submitted that the deeds are very clear as to where the property line is located. He agreed that the line between the severed land and the neighbour's land will not be affected through this process. Mr. Sloan addressed the Committee advising there is a problem at the severance line, as it relates to the carport on the retained land. The Committee discussed with Mr. Sloan and Mr. Heimbecker the various ways to resolve the issue of the inadequate side yard for the carport on the retained land. It was generally agreed amongst all parties that the Consent decision will include provision for a 1.2 m wide maintenance easement over the severed land in favour of the retained land, adjacent to the carport. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Daniel & Natalia Lopes requesting permission to convey a parcel of land having a frontage on Belmont Avenue of 16.46 m (54 ft.) by a depth of 38.1 m (125 ft.) and an area of approximately 627m2 (6,749.19 sq. ft.), subject to a 1.2 m (4 ft.) wide maintenance easement adjacent to the carport on the retained land, in favour of the retained land, on Lot 20 and Part Lot 21, Registered Plan 778, 234 Belmont Avenue West, 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 Municipal property taxes and/or local improvement charges. That the owner shall provide a 1.2 m (4 ft.) wide maintenance easement over a portion of the severed land, in favour of the retained land, to provide access for maintenance of the carport on the retained land. That the owner shall receive approval of a draft reference plan from the City's Manager of Design and Development for the size and location of the required maintenance easement. 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 41 FEBRUARY 8, 2005 Submission No.: B 2005-008 (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 February 8, 2007. Carried Submission No.: Applicant: Property Location: Legal Description: B 2005-009 Hallman Construction Limited Strasburg Road and Huron Road Part Lot 11, Biehn's Tract, Lots 'C', 5 -12, 15, 16 and 145 - 147 the Mill Lot and Part of Lots 'D' 1 - 4,13, 14,17 - 23, 71,144, 189 and 190 Victoria Street and Parts of John Street and William Street (closed by By-law 1009, Instrument No. 254297, Parts of Margaret Street and William Street,closed by Judge's Order, Instrument No. 1091231; Registered Plan No. 640 Mr. P. Britton declared a pecuniary interest in this application as his planning firm represents the property owner, and did not participate in any discussion or voting with respect to this application. Mr. B. Isaac chaired the meeting during consideration of this application. Appearances: In Support: Mr. B. Zeeman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the existing property to create one new lot and to establish easements over the lands to be severed in favour of the lands to be retained and the City. The new lot would have approximately 243.4 m (798.55 ft.) frontage on Strasburg Road and an area of approximately 1.99 ha (4.975 acres). The proposed use of the land is for a new religious institution. The retained lands would have a lot width of about 156.5 m (513.45 ft.) with frontage on both Huron Road and Strasburg Road and an area of about 3.58 ha (8.95 acres). The proposed use of the retained lands has not been indicated at this time, however the lands are currently zoned Restricted Business Park (B-2) and Business Park Service Centre (B-3). The Committee noted the report of the Development & Technical Services Department, dated January 27, 2005, advising the subject property is located on Huron Road at Strasburg Road. The applicant is proposing to sever a 2 hectare parcel (Parts 2, 3, and 4) of land with frontage onto Strasburg Road which has been constructed to this location to provide frontage. The retained lands (Part 1) are 3.5 hectares in size and have frontage on both Huron Road and Strasburg Road. The applicant is also requesting a servicing easement (Part 4) over the severed lands in favour of the retained lands and the City. As well, Part 5 comprises lands below the floodplain and are to be conveyed to the City. These lands were previously submitted under Submission No. B-2003-053. The previous application was approved but the conditions were not fulfilled within the one year time period and the application lapsed. Since the initial application, the applicant has prepared a draft reference plan showing the severance line, proposed easements and lands to be conveyed to the City. This reference plan now forms the basis of review and proposed conditions. COMMITTEE OF ADJUSTMENT 42 FEBRUARY 8, 2005 2. Submission No.: B 2005-009 (Cont'd) The lands are zoned Restricted Business Park Zone (B-2) and Business Park Service Centre Zone (B-3). The lands are designated Mixed Use Node in the Municipal Plan. A church is proposed on the severed lands. This use conforms to the zoning and municipal plan. A site plan application will be required prior to development of the severed lands. The subject lands are located immediately east of Strasburg Creek. A portion of the Strasburg Creek Provincially Significant Wetland is located on the subject property as well as adjacent to the site. The applicant has submitted a Scoped Environmental Review to address the requirements of the Grand River Conservation Authority (GRCA) as well as the City of Kitchener Municipal Plan Policy 7.5.2. A building setback has been established through the EIR and no development is proposed in the floodplain, except for the stormwater management facility. While the general location of the pond has been accepted, the details of the stormwater management pond, including sizing, will be reviewed as part of the site plan process through a stormwater management report, grading and sedimentation control plans and Phase 2 of the Scoped Environmental Report. City staff will also require easements for maintenance purposes which have been provided for as Part 3 of the reference plan. Finally, an easement will be required over the severed lands in favour of the retained lands for sanitary sewer (Part 3). The Scoped Environmental Review has been reviewed and accepted by GRCA staff. GRCA staff and City Engineering have reviewed and accepted the draft reference plan submitted with the application, with the understanding that more detailed plans will be required as part of the site plan process. Finally, the applicant has identified Part 5 as being lands located below the Regional floodline. Policy 3.1.2.1 of the Municipal Plan provides for the City to pursue opportunities through development approvals to have Open Space lands brought into City ownership. The applicant has agreed to the conveyance of Part 5 to the City prior to deed endorsement. City staff recommend approval of this application. While this application is the same as the previous application (B-2003-053), a reference plan has been submitted with the new application that clearly specifies easement locations. Therefore the conditions have been revised from the previous application to reflect the appropriate parts on the draft reference plan. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges on both the severed and retained lands. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the installation of all new service connections to the severed and retained lands that may be required. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed and retained lands. That land prior the owner provide an easement (Part 3 on the draft reference plan) over the severed in favour of the retained lands and the City, for sanitary sewer/maintenance purposes to final approval. That the owner convey Part 5 on the draft reference plan to the City of Kitchener without cost and free and clear of encumbrance to the satisfaction of the City's Director of Engineering prior to final approval The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated February 2, 2005, advising they have no concerns provided that any activities in the woodland areas are regulated by the terms of the Regional Tree By-law (By-law No. 99-045). COMMITTEE OF ADJUSTMENT 43 FEBRUARY 8, 2005 2. Submission No.: B 2005-009 (Cont'd) The Committee considered the comments of the Grand River Conservation Authority dated January 25, 2005, advising they have no objection to this application as their concerns have been addressed through review of Submission No. B 2003-053 or will be addressed through future site plan applications. Mr. Zeeman advised this application is a resubmission of an application granted by this Committee last year. The approved application lapsed as the conditions were not fulfilled within the statutory time limit. Mr. Zeeman advised he has reviewed the Development & Technical Services Department report, and requested the Committee not impose Condition No. 3, as this matter can be addressed through the site plan approval process. Mr. Sloan agreed that Condition No. 3 can be accomplished through the site plan approval process. Mr. Zeeman also requested that Condition No. 4 in the report be amended so that the required easement be located on Parts 3 & 4 of the draft reference plan. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Hallman Construction Limited requesting permission to convey a parcel of land having a frontage on Strasburg Road of 243.4 m (798.55 ft.) and an area of approximately 1.99 ha (4.975 ac), on Part Lot 11, Biehn's Tract, Lots 'C', 5 - 12, 15, 16 and 145 - 147 The Mill Lot and Part of Lots 'D', 1 -4, 13, 14, 17- 23, 144, 189 & 190, Victoria Street and Parts of John Street and William Street (closed by By-law 1009, Instrument No. 1091231), Registered Plan 640, Strasburg Road and Huron Road, 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 Municipal property taxes and/or local improvement charges on both the severed and retained lands. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation of all new service connections to the severed and retained lands that may be required. That the owner shall provide an easement (Parts 3 & 4 on the draft reference plan) over the severed land in favour of the retained lands and the City, for sanitary sewer/maintenance purposes. That the owner shall convey Part 5 on the draft reference plan to the City of Kitchener without cost and free of encumbrance to the satisfaction of the City's Director of Engineering. 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 February 8, 2007. Carried COMMITTEE OF ADJUSTMENT 44 FEBRUARY 8, 2005 Submission No.: Applicant: Property Location: Legal Description: B 2005-010 Mark James Goodyear 28 Bismark Avenue Part Lot 'C', Plan 386, Parts 1 & 2, Reference Plan 58R-1758 Appearances: In Support: Mr. B. Hooton Contra: Ms. J. Owens Ms. Lazarski Dr. E. Plach Ms. Kathleen McGlue Written Submissions: Mr. E. Parkinson Ms. J. Lazarski Ms. J. Owens Dr. & Mrs. D. Mulloy Dr. E. Plach Mr. R. Wallwork The Committee was advised that the applicant requests permission to sever the rear of the existing property to create one new lot. The new lot would have 45.72 m (150 ft.) frontage on Duke Street and an area of approximately 975 m2 (10,495.15 sq. ft.). The intent is to develop the new parcel for residential purposes. The current zoning of the lands is Residential Five (R-5). The retained lands would have 13.7 m (44.94 ft.) frontage on Bismark Avenue, an area of about 451 m2 (4,854.68 sq. ft.) and is intended to continue being used for a duplex dwelling. The Chair advised those present that City staff are recommending consideration of this application be deferred, as an Application for Minor Variance is required for the subject property. He advised the Committee could hear their submissions today; however the application will still be deferred and a full hearing will be held once both applications are before the Committee. Any submissions made to the Committee this date will have to be made again when both applications are before the Committee. The Chair directed that consideration of this matter be scheduled for 9:00 a.m. on the day the applications are considered. He also directed that City staff work with the applicant and the neighbours to see if the neighbourhood issues can be resolved prior to the hearing of this matter. ADJOURNMENT On motion, the meeting adjourned at 12:20 p.m. Dated at the City of Kitchener this 8th day of February, 2005. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment