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HomeMy WebLinkAboutAdjustment - 2001-05-01COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 1, 2001 MEMBERS PRESENT: Messrs. P. Kruse, D. Cybalski, B. Isaac OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Ms. D. Gilchrist, Acting Secretary-Treasurer, and Mr. S. Vipond, Planner. Mr. P. Kruse, Vice-Chair, called this meeting to order at 9:35 a.m. Moved by Seconded by That the minutes of the regular meeting of the Committee of Adjustment of April 3, 2001, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT 1.Submission No.: B 2001-017 Applicant: Trussler Farms Ltd. Property Location: Trussler Road and Huron Road Legal Description: Part Lots 148 & 149, German Company Tract Appearances: In Support:Mr. M. Trussler 1965 Trussler Road Kitchener, ON Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to sever a lot to be developed with a single family dwelling. The severed land will have a frontage on Trussler Road of 103.326 m (338.99 ft.) by a depth of 76 m (249.93 ft.) and have an area of 0.75 hectares (1.94 acres). The retained land will have an area of 24.28 hectares (68 acres). The Committee noted the comments of the Department of Business & Planning Services, dated April 24, 2001, in which they advised that while the size of the proposed severed and retained lands comply with the zoning by-law requirements, the severance does not comply with the City’s Municipal Plan. Under the Agricultural policies of the Municipal Plan any non- farm related severance between two lots must be separated by “not more than 100 metres on the same side of an open public road.” The methodology for establishing this distance is set out in the Regional Official Plan Policy as follows: COMMITTEE OF ADJUSTMENT104MAY 1, 2001 1.Submission No.: B 2001-017 (cont’d) 1. measurement is established by two points located along the centre-line of the existing right-of-way of an open public road and which points are determined by a line drawn from the centre of such unit and perpendicular to the public road. The proposed consent does not provide this minimum separation as the distance, from the centre of the two adjacent units on either side of the proposal, is in excess of approximately 145 metres. Staff considers this 45% increase in separation distance a deviation from the policy standard that is significant and excessive. In addition, staff and the Region both agree that the rear lot line of the proposed severance should remain on the same plane as the two adjacent lot lines. The proposed consent shows the rear lot line to extend out beyond the plane of the adjacent lots into a configuration that would make farm operations, within close proximity to the new lot line, somewhat awkward. Further, it also appears that the Regional and Municipal Plans vary in an important respect. While the Regional Plan does contain some latitude for allowing the possibility of a lot addition for a non-farm-related use by amending an adjacent farm-related lot boundary, in certain instances, the City’s Municipal Plan does not contain a similar policy. Given the inability to meet the minimum separation between two non-farm related uses, a requirement as set out in the City’s Municipal Plan Policy, and the awkward configuration of the rear lot line to allow for adequate farming operations in the area, staff cannot support this application for consent as it does not conform with the Municipal Plan. The Department of Business and Planning Services recommends that Application B 2001-017 be refused. The Committee noted the comments of the Director of Building and the City’s Traffic and Parking Analyst in which they advised that they have no concerns with respect to this application. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo, in which they advised that the purpose of this application is to change the location of a residential non-farm lot. Currently, there is a 2.17 acre vacant residential non-farm lot on Huron Road. The applicant proposes to dissolve the lot and add it to Trussler Farms. The applicant then proposes to create a new 1.9 acre residential lot on Trussler Road, between two existing residential non- farm lots. The application could potentially be supported by Policy 5.1.1.7 in the Regional Official Policies Plan (ROPP), which states that a new lot is not created where consent is given to make a lot boundary adjustment between an abutting farm and non-farm lot, which results in an increase in the long term agricultural viability of the farm. However, it is their understanding that the City of Kitchener Department of Business and Planning Services is recommending refusal of the application, since it does not conform to the City’s Official Plan, and on that basis, they would support such refusal. If the applicant were able to resolve the Official Plan conformity issue in the future, the following comments would apply to any future consideration of the application: 1. A preliminary archaeological assessment indicated a moderate to high potential for the recovery of archaeological remains. This is based on an 1861 Tremaine Historic Structure that is within 1 km of the southeast corner of Trussler and Huron Road. In accordance with Policy 6.2.10 in the Regional Official Policies Plan, an archaeological assessment would be required for the severed parcel. The archaeological assessment would have to be approved by the Ministry of Citizenship, Culture and Recreation, and a copy of the assessment would have to be forwarded to the Regional Commissioner of Planning, Housing and Community Services. 2. At this location, Trussler Road has an existing road allowance width of 66 ft. and a designated road allowance of 100 ft.; therefore, a 17 ft. road allowance widening along Trussler Road from Parcel 1 would be required if the application is approved. COMMITTEE OF ADJUSTMENT105MAY 1, 2001 1.Submission No.: B 2001-017 (cont’d) 3. The applicant is proposing a single access to Trussler Road at the northerly limit of the property. Due to visibility restrictions on Trussler Road, this would be the only location along Trussler Road where suitable access could be achieved for the proposed lot. A Regional Road Entrance Permit would be required for the proposed access if the application were approved. 4. The applicant would be required to prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and the road allowance to ensure compatible drainage, if the application were approved. The Grading and Drainage Control Plan would have to be submitted to the Commissioner of Engineering of the Regional Municipality of Waterloo for approval. 5. The application currently proposes a lot configuration with a depth that exceeds the two adjacent lots. Any future consideration should provide for a lot depth consistent with the adjacent lots. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections with respect to this application, noting that the development must be limited to the north corner of the lot as shown on the severance plan. The Chair referred to the comments of the Department of Business and Planning Services with respect to the agricultural policy in the Official Plan requiring no more than a 100 m separation between the centre of the units on either side of the proposed severed parcel, and their recommendation to refuse the application. Mr. Trussler explained that they had originally wanted to recombine the existing severed lot with the farm and sever this new parcel, as they had determined that the existing severed parcel is better for farming. Mr. Kruse requested an explanation from staff and Ms. Given advised that staff had met with Mr. Trussler before writing their comments to explain the Official Plan policies. She explained that the City’s and the Region’s Official Plans do allow infilling in an Agricultural zone; however, the Region has an additional policy which would regard this situation as and exchange of lands, which the City of Kitchener’s Official Plan does not have. Ms. Given suggested that the applicant could apply for an Official Plan Amendment. She also noted that the City of Kitchener will be undertaking an Official Plan review this year and staff will take a closer look at incorporating the Region’s policy in the City’s Official Plan. She pointed out that the applicant can build on this lot without a severance. Mr. Trussler advised that his nephew will be obtaining this parcel of land, noting that the shape is different than the abutting lots because his nephew wants two acres. Mr. Isaac questioned what would be the effect on the applicant of waiting for the Official Plan review. Mr. Trussler responded that he didn’t think his nephew would be prepared to wait, as his current house if up for sale. The Chair noted that as the application does not comply with the Official Plan, it is beyond this Committee’s ability to approve. Ms. Given advised that staff are willing to meet with Mr. Trussler and explain the process for applying for an Official Plan Amendment. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Trussler Farms Ltd. requesting permission to sever a lot having a frontage on Trussler Road of 103.326 m (338.99 ft.) by a depth of 76 m (249.93 ft.) and having an area of 0.785 hectares (1.94 acres) on Part Lots 148 & 149, German Company Tract, Trussler Road and BE REFUSED Huron Road, Kitchener, Ontario . It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT106MAY 1, 2001 1.Submission No.: B 2001-017 (cont’d) 1.The use of the land in this application does not conform to the City of Kitchener Municipal Plan. Carried 2.Submission No.: B 2001-018 Applicant: William and Nancy Tilt Property Location: 970 Doon Village Road Legal Description: Part Lot 2, Biehn’s Tract, designated as Part 1 on Reference Plan 58R-10991 Appearances: In Support:Mr. A Barron 385 Frederick Street Kitchener, ON Contra:None Written Submissions: In Support:None Contra:None Other:Mr. R. Haalboom 7 Duke Street West Kitchener, ON The Committee was advised that the applicant is requesting permission to create one new lot 2 by severing a parcel of land and retaining a parcel of land having an area of 1,531.5 m (16,484.8 sq. ft.). The lands to be severed will have a frontage on Doonbrook Place of 30.023 2 m (98.5 ft.), by a depth of 56.726 m (186.1 ft.) and an area of 1,531.5 m (16,484.8 sq. ft.), and will be developed with a single family dwelling. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject site is located on the east side of Doon Village Road, just north of Tilt Drive in the Doon South Community. The site has frontage on Doon Village Road, Doonbrook Place and St. Emilion Place and is approximately 0.30 ha (0.74 ac) in size. The applicant is proposing to create one new lot by severing the existing site into two parcels of land, both having an area of approximately 0.15 hectares (0.37 acres). The retained land would have a frontage of 46.7 metres (153.2 feet) on Doon Village Drive with a depth ranging between 27.5 metres to 40 metres (90 feet to 131 feet). The severed land should have a frontage on St. Emilion Place (not Doonbrook Place as indicated in the application) of 28.25 metres (92.7 feet) with a depth ranging between 46 metres to 57 metres (151 feet to 187 feet). The applicant is proposing to develop the severed land with a single detached dwelling. The proposed development of a single detached dwelling is permitted in the Low Rise Residential designation in the Municipal Plan and the R-2 zoning. The proposed lot sizes and frontages for the retained lands and the severed land comply with the minimum requirements of the R-2 zone. The subject site is located within the Upper Doon Heritage Conservation District Plan. Since the District Plan contains policies that address the creation and size of new lots within the Heritage District boundaries, the subject consent application was deferred from the April 3rd, 2001 Committee of Adjustment meeting to permit the opportunity for Heritage Kitchener to th provide comments. Heritage Kitchener reviewed the item on April 6, 2001 and passed a resolution stating that they have no objection to the approval of the application since it is regarded as an infill situation. . COMMITTEE OF ADJUSTMENT107MAY 1, 2001 2.Submission No.: B 2001-018 (cont’d) There are existing sanitary and water services available on St. Emilion Place for the severed land. The Department of Business and Planning Services recommends that Application B 2001-018 be approved subject to the following conditions: 1.That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of all new service connections from St. Emilion Place to the severed land. 2. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 3. 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. 4. That satisfactory arrangements be 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 Director of Building, the City’s Traffic & Parking Analyst, and the Grand River Conservation Authority advising that they have no concerns or comments with respect to this application. The Committee considered the comments of Kitchener-Wilmot Hydro Inc. in which they advised that they have no concerns with the application provided that the applicant makes satisfactory arrangements with them for the provision of electrical services to the severed lands, and grants any easements required by them. The Committee considered the comments of the Planning and Culture Department, Region of Waterloo, in which they advised that they have no objection to this application that proposes to create a residential lot. The Committee considered the written submission of Mr. R. Haalboom, on behalf of the Society for the Preservation of Upper Doon, advising that he is not objecting to this application per se, but points out inconsistencies between by-law 88-17, the zoning by-law, and the Official Plan. The Chair questioned whether Mr. Barron had any comments with respect to the written comments, and Mr. Barron advised that the applicants have already started their arrangements with Kitchener-Wilmot Hydro for servicing. He also noted that Heritage Kitchener does not object to this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of William and Nancy Tilt requesting permission to sever a parcel of land having a frontage on St. Emilion Place of 28.25 m (92.7 ft.) by a depth of 56.726 m (186.1 ft.) and 2 having an area of 1531.5 m(16484.8 sq. ft.) on Part of Lot 2, Biehn’s Tract, being Part 1, BE GRANTED Reference Plan 58R-10991, 970 Doon Village Road, Kitchener, Ontario subject to the following conditions: 1. That the owner shall make financial arrangements to the satisfaction of the City’s General Manager of Public Works for the installation of all new service connections from St. Emilion Place to the severed land. 2. That the owner shall make financial arrangements to the satisfaction of the City’s General Manager of Public Works for the installation, to City Standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed and retained lands. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park land dedication equal to 5% of the value of the lands to be severed. COMMITTEE OF ADJUSTMENT108MAY 1, 2001 2.Submission No.: B 2001-018 (cont’d) 4. 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. 5. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. 6. That the applicant shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 1, 2003. Carried NEW BUSINESS MINOR VARIANCES 1.Submission No.: A 2001-020 Applicant: Heidi Flint Property Location: 27 Maplewood Place, Kitchener Legal Description: Plan 805, Lot 45 Appearances: In Support:Ms. H. Flint 27 Maplewood Place Kitchener, ON Mr. G. Arvola 27 Maplewood Place Kitchener, ON Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicant is requesting permission to locate the 2 required parking spaces for a home business (music lessons) in tandem, rather than side-by-side, with COMMITTEE OF ADJUSTMENT109MAY 1, 2001 1.Submission No.: A 2001-020 (cont’d) one of the parking spaces to be located 3 m (9.84 ft.) from the lot line along Maplewood Place rather than the required 6 m (19.69 ft.). The Committee noted the comments of the Department of Business and Planning Services in which they advised that the subject property is located on the west side of Maplewood Place, north of Union Street and southeast of Breithaupt Park. The property contains a single detached dwelling with an attached garage that was constructed in 1953. The garage is approximately 3.66 metres (12 feet) wide with a driveway that is also 3.66 metres (12 feet) wide and is approximately 9.41 metres (30.86 feet) in length. A minor variance application (A107/80) for the subject property was previously approved by the Committee of Adjustment to legalize the existing dwelling with a southerly side yard setback of 1.17 metres (3.84 feet) rather than the required 1.21 metres (4 feet). Staff have been advised that the owner of the subject property rents the dwelling to a resident who has a home business providing musical instruction. The parking for the dwelling is provided within the attached garage; however, the resident requires one off-street parking space for the home business. The existing driveway is not long enough to allow for this parking space to meet the minimum distance requirement away from the street line, as required in Zoning By-law 85-1. Therefore, the applicant is requesting a minor variance to allow a parking space to be located a minimum distance of 3.0 metres (9.84 feet) away from the street line, whereas the off-street parking regulations for single detached dwellings in Zoning By-law 85-1 require a parking space to be located a minimum distance of 6.0 metres (19.69 feet) away from the street line. 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, staff offer the following comments in relation to the requested variance. The property is currently designated "Low Rise Residential" in the City’s Municipal Plan, which allows for a variety of housing types including single detached dwellings. Also, single detached dwellings and home businesses are permitted in the R-3 zoning. The instruction of music (artisan’s establishment) is one of the permitted uses for home businesses within single detached dwellings. The off-street parking regulations for single detached dwellings in the Zoning By-law require that such parking shall be located a minimum distance of 6.0 metres (19.69 feet) away from the street line. The intent of this requirement is to help provide for an attractive streetscape that is relatively free from parked vehicles in the "front yards" of residential dwellings. Considering that the applicant does not have a long enough driveway to allow for a parking space to serve customers of the permitted home business, and that the applicant is proposing to maintain at least a 3.0 metre (9.84 foot) distance between the proposed parking space and the street line, the effects of the application are minor in nature and the general intent of the zoning by-law and official plan will be maintained. Furthermore, the requested variance is desirable as it will provide the applicant the opportunity to provide a parking space that is required by the Zoning By-law for the permitted home business use without much impact on the surrounding neighbourhood. Since the resident of the dwelling is the person running the home business and would be at the dwelling at the same time that a customer would be, there should not be any conflict between the required parking spaces being located in tandem. Accordingly, the Department of Business and Planning Services recommends approval of the requested variance for an off-street parking space to be located 3.0 metres (9.84 feet) from the street line in order for the required parking space to be provided for the home business on the subject property. The Department of Business and Planning Services recommends that minor variance application A 2001-020, requesting a parking space to be located a minimum distance of 3.0 metres (9.84 feet) away from the street line, whereas the off-street parking regulations for single detached dwellings in Zoning By-law 85-1 require a parking space to be located a minimum distance of 6.0 metres (19.69 feet) away from the street line be approved. COMMITTEE OF ADJUSTMENT110MAY 1, 2001 1.Submission No.: A 2001-020 (cont’d) The Committee noted the comments of the Director of Building, the City’s Traffic & Parking Analyst and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this submission. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo, in which they advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development(s) prior to the issuance of a building permit. Ms. J. Given advised that in addition to recommending approval of the setback for the parking space in the driveway, staff are recommending approval of two parking spaces in tandem. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Heidi Flint requesting permission to locate two required parking spaces for a home business (music lessons) in tandem, rather than side-by-side, with one parking space to be located 3 m (9.84 ft.) from the lot line along Maplewood Place, rather than the BE required 6 m (19.69 ft.) on Lot 45, Plan 805, 27 Maplewood Place, Kitchener, Ontario APPROVED . It is the opinion of this Committee that: 1.The variances requested in this application are minor in nature. 2.This application is desirable for the appropriate development of the property. 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 2.Submission No.: A 2001-021 Applicant: Waterloo Interior Woodcraft Property Location: 60 Chestnut Street, Kitchener Legal Description: Plan 157, Part Lot 103, Plan 79, Part Lots 41 & 42 Appearances: In Support:Mr. E. Lichti 30 Severn Street Kitchener, ON Mr. J. Clinckett 304-195 King Street West Kitchener, ON Contra:None Written Submissions: In Support:None Contra:None COMMITTEE OF ADJUSTMENT111MAY 1, 2001 2.Submission No.: A 2001-021 (cont’d) The Committee was advised that the applicant is requesting permission to change the existing legal non-conforming use of this property, which is manufacturing furniture and woodworking, to add light manufacturing and assembly, including cutting/resizing sandpaper. The Committee noted the comments of the Department of Business and Planning Services in which they advised that the property at 60 Chestnut Street contains an industrial building and associated parking which is legal, non-conforming to the multiple residential designation and zoning. The application seeks approval for a change in use of 9600 square feet of the 1 storey building to a similar or more compatible use than that which existed when the property become legal, non-conforming. The site contains a three storey building with a 1 storey building attached. The buildings presently contain two wood manufacturing businesses, Schneider Furniture and Waterloo Interior Woodcraft. The site is surrounded on all sides by low rise residential development, abutting on one side. It is intended that the owner’s business, Waterloo Interior Woodcraft be scaled back in its operation and 9600 square feet be utilized by an associated company which cuts and resizes sandpaper. The paper is brought on site in large rolls and the operation entails cutting it into various sizes. Based on the description of the proposed use, staff are satisfied that the use is both similar to the wood manufacturing use but much less intense, and more compatible with the uses permitted in the by-law. One of the further considerations in evaluating such an application is whether the change in use would have the effect of perpetuating the legal, non-conformity. The site is designated Low Density Multiple Residential which permits a range of housing types in a form compatible with the neighbourhood. Staff had a lengthy discussion with the owner about the proposed change in use and the long term plans for the site. The owner has advised that it is his intent that within approximately 3 years, he intends to have relocated all the industrial uses and convert the 3 storey building for residential occupancy. Preliminary concepts would also envisage the construction of a new residential building on site modelled after the existing building. Staff are very satisfied with the plans set out by the owner to bring the property into compliance with the zoning. The owner has no difficulty with making the additional use “temporary” by placing a time limit on the variance as this is consistent with redevelopment plans already contemplated. On the basis that the change in use meets the Planning Act tests set out in Section 45 2.a) ii), staff recommend approval of the application to change 9600 square feet to the processing of sandpaper, subject to expire approximately 3 years from the date of the approval. The Department of Business and Planning Services recommends approval of Submission A- 2001-021 to permit 9600 square feet to be used for the processing of sandpaper, only until January 1, 2005, at which time the Planning Act permission will no longer apply. The Committee noted the comments of the Director of Building in which he advised that a building permit is required for any construction intended to be carried out to accommodate the change of use. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed this application and have no comment. The Committee noted the comments of the Planning & Culture Department, Region of Waterloo, in which they advised any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development(s) prior to the issuance of a building permit. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections with respect to this application. COMMITTEE OF ADJUSTMENT112MAY 1, 2001 2.Submission No.: A 2001-021 (cont’d) The Chair questioned whether Mr. Lichti had any concerns with respect to the recommended time limit for the new use and Mr. Lichti responded that he has agreed with staff that there be a three year limit for the new use on the property. As there were no further questions or comments forthcoming, the Chair called for a motion. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaacs The application of Waterloo Interior Woodcraft requesting permission for a change of legal 2 non-conforming use to convert 891.84 m(9600 sq. ft.) of floor area from woodworking/furniture manufacture to cutting and resizing sandpaper on Part Lots 41 and 42, BE APPROVED Plan 79 and Part Lot 103, Plan 157, 60 Chestnut Street, Kitchener, Ontario subject to the following condition: 1. That the use of this property for processing sandpaper shall cease as of January 1, 2005. It is the opinion of this Committee that the use of this property for cutting and resizing sand paper is similar to the use for which this property was used on the day the by-law was passed, and is more compatible with the uses permitted by the by-law. Carried CONSENT 1.Submission No.: B 2001-019 Applicant: Douglas & Roseann Keffer Property Location: 103 Heiman Street, Kitchener Legal Description: German Company Tract, Sub Lot 18, Part Lot 74 Appearances: In Support:Ms. R. Keffer 103 Heiman Street Kitchener, ON Contra:None Written Submissions: In Support:None Contra:None The Committee was advised that the applicants are requesting permission to convey a parcel of land having a frontage on Heiman Street of 15.24 m (50 ft.) by a depth of 22.86 m (75 ft.) and 2 having an area of 348.38 m (3, 750 sq. ft.). The proposed use of the property is a single family dwelling. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject lands are located on Part of Lot 74, Subdivision Lot 18, G.C.T. on the lands municipally known as 103 Heiman Street. The subject property is approximately 1168.6 square metres (12,579.05 square feet) with 27.7 metres (90.96 feet) of frontage on Heiman Street. A single detached dwelling constructed in 1947 occupies the site with a setback from the street of approximately 35.66 metres (117 feet). The surrounding lands are developed with a variety of residential uses including single detached, semi-detached, and multiple dwelling uses. A previous consent application was approved for the creation of a 301.93 square metre (3250 square foot) parcel from the property (B 2000-069) on October 3, 2000. The lot has not yet been COMMITTEE OF ADJUSTMENT113MAY 1, 2001 1.Submission No.: B 2001-019 (cont’d) created since the conditions of approval have not been fulfilled. Resubmission of the consent application is required, as the owners have reconsidered and wish to increase the depth of the severed lot to 22.86 metres (75 feet) from 19.8 metres (65 feet). This second application has been received for consent to sever a 348.38 square metre (3,750.13 square feet) parcel with 15.24 metres (50 feet) of frontage on Heiman Street, from the northeast portion of the property. The retained parcel would have an area of 790.73 square metres (8,511.66 square feet) with 40 feet of frontage on Heiman Street. The existing dwelling would remain on the retained parcel, would continue to gain access from Heiman Street and would continue to enjoy a substantial front yard. The existing lot is a large lot for this area of the City relative to the surrounding properties. Immediately across the street is a row housing development with frontages of approximately 6 metres (20 feet) to 14 metres (45 feet). The proposed severed lot appears to be compatible in this neighbourhood with respect to its frontage of 15.24 metres (50 feet). Additionally, the creation of this new lot would allow for infill in an existing developed area with the ability to create a smaller affordable home as encouraged through the City’s Municipal Plan. The General Manager of Public Works has advised that the gas connection for the existing single family dwelling is located on the proposed vacant severed lot. Since gas connections are required to be located on the property for which they service, a relocation of the existing connection to the retained lot will be required. In addition, the owner will be required to make financial arrangements with the Public Works Department for all other required services for the severed or retained lands. As the proposed severance of 103 Heiman Street is in conformity with the Zoning By-law and is considered compatible with the existing residential uses and lot sizes of the neighbourhood, application B2001-019 is recommended for approval by the Department of Business and Planning Services subject to the following conditions: 1.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. 2.That the owner makes financial arrangements to the satisfaction of the City's General Manager of Public Works, for the installation of any new required service connections to the severed or retained lands. 3. That the owner make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 5. That consent application B2000 - 069 be withdrawn. The Committee noted the comments of the Director of Building in which he advised that the Building Division has no concerns or comments with respect to this submission. The Committee noted the comments of the Traffic & Parking Analyst in which he advised that the Traffic & Parking Division has reviewed this application and have no comment. The Committee noted the comments of the Grand River Conservation Authority in which they advised that they have no objections with respect to this application conditional upon the submission of a detailed plan to the Grand River Conservation Authority which illustrates the location of the new residence (and accessory structures) as well as existing and proposed grades. COMMITTEE OF ADJUSTMENT114MAY 1, 2001 1.Submission No.: B 2001-019 (cont’d) The Committee noted the comments of the Planning and Culture Department, Region of Waterloo, advising that they have no concerns with this application which proposes to create a new lot for residential use. The Chair reviewed the staff comments with Ms. Keffer who advised that she had no concerns with them. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Douglas and Roseann Keffer requesting permission to convey a parcel of land having a frontage of 15. 24 m (50 ft.) by a depth of 22.86 m (75 ft.) and having an area of 2 348.39 m (3750 sq. ft.) on Part Lot 74, Subdivision of Lot 18, German Company Tract, 103 BE GRANTED Heiman Street, Kitchener, Ontario , subject to the following conditions: 1. That the applicant shall submit to the Grand River Conservation Authority a detailed plan showing the location of the new residence, accessory structures, and existing and proposed grades. 2. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park land dedication equal to 5% of the value of the lands to be severed. 3. That the owner shall make financial arrangements to the satisfaction of the City’s General Manager of Public Works for the installation of any new required service connections to the severed or retained lands. 4. That the owner shall make financial arrangements to the satisfaction of the City’s General Manager of Public Works for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and retained lands. 5. 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. 6. That the owner shall withdraw Application for Consent Submission No. B 2000-069. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 1, 2003. Carried COMMITTEE OF ADJUSTMENT115MAY 1, 2001 2Submission No.: B 2001-020 Applicant: Sarah Corfield & Steve Vogel Property Location: Bloomingdale Road, Kitchener Legal Description: Part Lots 43, 44, North of Hornings Tract, Parts 1, 2, 5 of Reference Plan 58R-10556 Mr. P. Kruse declared a pecuniary interest in this application as his law firm represents the applicants and did not participate in any discussion or voting with respect to this application. Mr. D Cybalski chaired the meeting during consideration of this application and, pursuant to the Municipal Conflict of Interest Act, the application was considered by the remaining two members. Appearances: In Support:Mr. R. Lawson 370 Frederick Street Kitchener, ON Contra:None Written Submissions: In Support:None Contra:Ms. P. Prange 11 Nelson Avenue Kitchener, ON N2K 1C7 The Committee was advised that the applicants are requesting permission to give a right-of-way to the owners of 164 Bloomingdale Road. The right-of-way will be immediately to the west of that property, have a width on Bloomingdale Road of 4.572 m (15 ft.) and a length of 92.07 m (302.067 ft.). The Committee noted the written submission of Kruse, Lawson & Haller, Barristers & Solicitors, in which they advised that the dimensions of the lands over which the right-of-way is requested is in error on this application. The right-of-way is requested over Parts 1 and 2, Reference Plan 58R-11326. The correct dimensions are: Frontage:4.572 m Depth:25.326 m 2 Area:29.898 m They asked that the application be amended accordingly. The Committee noted the comments of the Department of Business & Planning Services in which they advised that this application is identical to an application approved by this Committee on January 6, 1998, but which lapsed at the end of January, 1999. The applicant proposes to grant a right-of-way over a vacant portion of land, in favour of the adjoining lot (164 Bloomingdale Road) on which a single detached dwelling exists. The right-of- way would be along a 4.572 metre wide strip of land which leads from Bloomingdale Road to the Vogel/Corfield property (178 Bloomingdale) which has its primary frontage and its only developed access further to the east. The depth of the right-of-way would be 25.33 metres, and the area would be 115.8 square metres. The application incorrectly states the depth and area of the subject lands, at 92.070 metres and 420.94 square metres respectively. The proposed right-of-way would allow for access to an attached garage at 164 Bloomingdale Road from the west. The proposed Part 1 and 2 on Plan 58R-11326 provides the necessary area as approved for B136/97. The rear of 178 Bloomingdale will eventually be developed via a cul-de-sac and 164 Bloomingdale would consequently become a corner lot. COMMITTEE OF ADJUSTMENT116MAY 1, 2001 2Submission No.: B 2001-020 (cont’d) The Department of Business and Planning Services recommends approval of application B2001-020 subject to the condition below. 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. The Committee noted the comments of the Director of Building, the City’s Traffic & Parking Analyst and the Grand River Conservation Authority in which they advised that they have no concerns or comments with respect to this submission. The Committee considered the comments of the Planning and Culture Department, Region of Waterloo, in which they advised that they have no objection to this application which proposes a right-of-way. The Committee considered the written submission of Mrs. P. Prange objecting to the depth of the right-of-way. The Committee agreed to consider the amendment to the application as requested in the written submission of Kruse, Lawson & Haller. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Sarah Corfield and Steve Vogel requesting permission to give a right-of- way over a parcel of land having a width on Bloomingdale Road of 4.572 m ( 15 ft.) by a depth of 2 25.326 m (83.09 ft.) and having an area of 29.898 m (321.83 sq. ft.) to the property at 164 Bloomingdale Road, on Parts 1 and 2, Reference Plan 58R-10556, Bloomingdale Road, BE GRANTED Kitchener, Ontario, subject to the following condition: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 1, 2003. Carried ADJOURNMENT On motion, the meeting adjourned at 10:42 a.m. Dated at the City of Kitchener this 1st day of May, 2001. Dianne Gilchrist Acting Secretary-Treasurer Committee of Adjustment Dianne Gilchrist Acting Secretary-Treasurer Committee of Adjustment