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HomeMy WebLinkAboutAdjustment - 2005-04-12 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 12 2005 MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and Z. Janecki. OFFICIALS PRESENT: Ms. 1. Malone-Wright, Senior Planner, Mr. C. Bluhm, Planner, Mr. B. Sloan, Planner, and Ms. D. Gilchrist, Secretary-Treasurer Mr. P. Britton, Chair, called this meeting to order at 9:30 a.m. MINUTES Moved by Mr. Z Janecki Seconded by Mr. B.lsaac That the minutes of the regular meeting of the Committee of Adjustment of March 8, 2005, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2005-018 Loblaw Properties Limited 750 Ottawa Street South Part Lot 9, Municipal Compiled Plan 1021, and Part Lots 4 and 5, Municioal Comoiled Plan 1022 Appearances: In Support: Mr. G. Priamo Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to reduce the minimum side yard setback abutting Strasburg Road from the required 6.0 m (19.68 ft.) to 3.5 m (11.48 ft.) to facilitate an addition to the existing grocery store. The Committee considered the report of the Development & Technical Services Department, dated March 1, 2005, advising the site in question is located at the intersection of Ottawa Street South and Strasburg Road, and is part of the Laurentian Power Centre. The centre is surrounded by other commercial uses, as well as the City's Fire Hall Headquarters, and the Grand River Transit yards. The applicant wishes to expand the existing Zehrs Supermarket, by adding 642 square metres of floor area. The property is designated Planned Commercial Campus under the City's Municipal Plan and zoned Commercial Campus Zone (C-9) under Zoning Bylaw 85-1. The proposed addition will encroach 2.14 metres into the required side yard abutting a street setback (along Strasburg Road). As a result, the applicant is requesting a reduction in the required setback for a side yard abutting a street, from 6.0 metres to 3.5 metres. The addition will also require the loading area to be moved closer to the street. A site plan application has been submitted and is currently under review. COMMITTEE OF ADJUSTMENT 59 APRIL 12,2005 1. Submission No.: A 2005-018 (Cont'd) As the proposed building addition will flank a major City intersection, the City's Urban Design Guidelines encourage the avoidance of blank walls, the articulation of building facades, and the breaking up of building mass through such techniques as banding, murals, keystones, window bays, etc. Where building articulation is not provided, the 6.0 metre setback provides ample space to screen the fagade with landscaping. According to the City's landscape architects, 3.5 metres is not sufficient to plant dense landscaping to screen the fagade. As such, through the site plan process, staff will work with the applicant on a suitable elevation treatment to compensate for insufficient landscape area. The City's preference for a fagade treatment would be to incorporate features and materials found along the main entrance of the building, as well as fake windows or public art - to create a visual focal point at the intersection. Staff recommend that this variance be approved subject to the applicant receiving final site plan approval. This approach has also been taken on previous variance applications, for Zehrs at Stanley Park Mall and So beys and the Williamsburg Town Centre. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Municipal Plan for the following reasons. The variance will allow the building mass to be oriented to the street, and through the site plan process, an effective fagade treatment will be achieved. The variance meets the intent of the Zoning By-law for the following reasons. The intent of the yard setbacks is to allow sufficient space for landscaping to screen unsightly areas, such as loading areas, where appropriate design treatments are not proposed. An appropriate alternative design treatment for the Strasburg Road frontage and rear service area will be achieved through the site plan process. The variance is minor for the following reasons. Implementing the alternative fagade design measures noted above will ensure that the building fagade will be attractive and not create a visual eyesore. The variance is appropriate for the development and use of the land for the following reasons. The variance will facilitate the development of a street oriented building, which if designed appropriately, can become an attractive corner piece of the intersection. Based on the foregoing, Planning staff recommend that the application be approved, subject to the applicants obtaining final site plan approval, which will include the submission and review of building elevation drawings. The Planning Division recommends approval of minor variance application A2005-018, to permit a reduced setback of 3.5 metres for the side yard abutting a street setback along Strasburg Road, subject to the following condition: 1. That the owner enter into a Section 41 Site Plan Agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Manager of Design and Development, and registered on title of all the subject lands. Said agreement shall include the provision of special landscape treatment and fagade improvements at the Homer Watson Boulevard and Strasburg Road intersection, through the approval and implementation of landscape plans and elevation drawings. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated February 25, 2005, advising they have no concerns with this application. The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated March 1, 2005, advising of a safety standards established by Ontario Regulation 22/04, and the Occupational Health and Safety Act, for the benefit of the applicant. COMMITTEE OF ADJUSTMENT 60 APRIL 12,2005 1. Submission No.: A 2005-018 (Cont'd) Mr. C. Bluhm reviewed the variance requested in this application, being a 3.5m setback from Strasburg Road (side yard abutting a street) rather than the required 6m. He advised staff have met with the applicant's agent, who has agreed to an upgraded treatment to the wall of the addition to face Strasburg Road. They will include columns, dense landscaping, and the colour of the wall will match the front facade. The Chair questioned what stage they are at in the process, and was advised the landscaping has been approved in principle. Final approval of the landscape plan will be coincident with final approval of the site plan. Mr. Priamo anticipated the amended site plan agreement will be completed within the next couple of weeks. Further, the actual species for the planning have already been chosen. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Loblaw Properties Limited requests permission to reduce the minimum side yard setback abutting Strasburg Road from the required 6.0 m (19.68 ft.) to 3.5 m (11.48 ft.) to facilitate an addition to the existing grocery store, on Part Lot 9, Municipal Compiled Plan 1021, and Part Lots 4 and 5, Municipal Compiled Plan 1022, 750 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall enter into a Section 41 Site Plan Agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Manager of Design and Development, and registered on title of all the subject lands. Said agreement shall include the provision of special landscape treatment and fagade improvements at the Homer Watson Boulevard and Strasburg Road intersection, through the approval and implementation of landscape plans and elevation drawings, which are substantially in compliance with the drawing submitted to the Committee of Adjustment on April 12, 2005. 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. NEW BUSINESS MINOR VARIANCES 1. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-020 Randy Anstey 21 Wedgewood Drive Lot 17 ReGistered Plan 1934 Appearances: In Support: Mr. R. Anstey Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 61 APRIL 12,2005 1. Submission No.: A 2005-020 (Cont'd) The Committee was advised that the applicant requests permission to reduce the front yard setback from the required 4.5 m (14.76 ft.) to 3.5 m (11.48 ft.) to allow for a second storey addition at the front of the existing house. The Committee considered the report of the Development & Technical Services Department, dated March 1, 2005, advising they have no objections to this application, provided the required parking space is maintained within the existing garage. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 4, 2005 advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Randy Anstey requesting permission to reduce the front yard setback from the required 4.5 m (14.76 ft.) to 3.4 m (11.17 ft.) to allow for a second storey addition at the front of the existing house, on Lot 17, Registered Plan 1934, 21 Wedgewood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall maintain the parking space within the existing garage. 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 2. Submission No.: Applicant: Property Location: Legal Description: A 2005-021 Region of Waterloo Ottawa Street South Part Lot 46, German Company Tract, Parts 4, 6 & 9, Plan P-1791-99 & Part 2 Plan P-1791-100 Appearances: In Support: Mr. R. Rogan Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition to the Region of Waterloo's existing water services utility building with a front yard setback of 7.0 m (22.96 ft) instead of the required 10.0 m (32.8 ft). The Committee considered the report of the Development & Technical Services Department, dated March 1, 2005, advising they have no objection to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 4, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority (GRCA), dated April 6, 2005, advising the subject property is adjacent to a wetland, and as such their Wetland Policy applies. The GRCA has reviewed the proposed plans and reviewed photos of the existing conditions. They have been advised by the consultant that the grading for the new parking lot will direct runoff away from the wetland. No disturbance will occur beyond the existing COMMITTEE OF ADJUSTMENT 62 APRIL 12,2005 2. Submission No.: A 2005-021 (Cont'd) grassed area and will be contained within the fenced area of the site. Based on that information, an appropriate buffer to the wetland will be maintained. The Grand River Conservation Authority does not anticipate any negative impacts on the wetland as a result of this proposal. Accordingly, they have no objection to the proposal. Mr. Rogan explained the purpose of this application is to expand the existing pumping station. He noted this facility has underground reservoirs, not wells. The location chosen for the expansion is due to the location of the underground reservoirs and piping; consequently, there is no other place on the site for the addition, and no opportunity to comply with the by-law. The Chair questioned how the applicant will handle the impacts on the wetland, and what erosion and siltation control plans or measures are in place, or will be implemented, and Mr. Rogan was unable to provide answers to these questions. The Committee initially considered deferral of this application until their questions on these matters could be answered, but instead agreed that a condition could be imposed so as to assure these matters with respect to wetlands, and erosion and siltation control, will be addressed. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of the Regional Municipality of Waterloo requesting permission to construct an addition to the Region of Waterloo's existing water services utility building with a front yard setback of 7.0 m (22.96 ft) rather than the required 10.0 m (32.8 ft), on Part Lot 46, German Company Tract, Parts 4, 6 & 9, Plan P-1791-99 & Part 2, Plan P-1791-1 00, Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall obtain approval of a site plan and a grading plan if required, in order to determine erosion and siltation control measures, and any impact this development may have on the wetland and on grading. 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 3. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-022 Activa Investment Corporation 204 Sienna Crescent Lot 2 Reoistered Plan 58M-338 Mr. P. Britton declared a pecuniary interest in this application, as his planning firm acts for the applicant, and he did not participate in any discussion or voting with respect to this application. Mr. Z. Janecki chaired the meeting during consideration of this application. Appearances: In Support: Mr. K. Hillis Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 3. Submission No.: A 2005-022 ICont'd) 63 APRIL 12,2005 The Committee was advised that the applicant requests permission to reduce the minimum rear yard setback from 7.5 m (24.6 ft) to 7.43 m (24.37 ft) for a new house that is currently under construction. The Committee considered the report of the Development & Technical Services Department, dated March 1, 2005, advising they have no objections to this application. Moved by Mr. B.lsaac Seconded by Mr. Z. Janecki The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 4, 2005 advising they have no concerns with this application. That the application of Activa Investment Corporation requesting permission to reduce the minimum rear yard setback from 7.5 m (24.6 ft) to 7.43 m (24.37 ft) for a new house that is currently under construction, on Lot 2, Registered Plan 58M-338, 204 Sienna Crescent, 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Mr. Britton resumed the chair at this time. 4. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Written Submissions: Carried A 2005-023 Jessica Turner & Terry Lorentz 151 Lo u isa Street Part Lot 315 Reoistered Plan 376 Mr. J. Clinkett Mr. C. Denison Ms. M. Schilling Ms. B. Cort Ms. V. Baulk Mr. D. Pelleron Mr. & Mrs. J. Court Mr. & Mrs. M. Petricevic Ms. C. Fitzgerald Mr. G. Clark Mr. R. Henderson Ms. S. March & Mr. S. McDonald Ms. L. Ouellette-Wade Mr. P. Myslywec Mr. & Mrs. I. Campbell Mr. & Mrs. B. Sutton Ms. L. Klein Mr. & Mrs. R. Evans Mr. & Mrs. B. Smith Mr. & Mrs. W. Kennedy COMMITTEE OF ADJUSTMENT 64 APRIL 12,2005 4. Submission No.: A 2005-023 ICont'd) Mr. & Mrs. I. Good Mr. & Mrs. K. Thomas Mr. S. Msoya Mr. & Mrs. S. Bridgman Ms. A. Achternichul Mr. & Mrs. R. Huffman Ms. C. Laurie Mr. M. Laurie Mr. & Mrs. C. Cheesman ~~:II~~~om~t~~~I:~S T~~v~~~~i:::~ t~~n~r~~~:~~:~~~:~~c~~~~i~~~~~~~ ~~n:r:~ f~~~ ~~~ti~~ (5,328.3 sq. ft.) to 325 m2 (3,498.38 sq. ft.) and to permit 2 parking spaces in front of the building fagade up to 0.0 m (0 ft.) of the street line. The Committee considered the report of the Development & Technical Services Department, dated March 1, 2005, recommending consideration of this application be deferred so the applicant can apply for an amendment to this application, for a lot width variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 4, 2005 advising they have no concerns with this application. The Chair explained to those in attendance City staffs' request to have consideration of this application deferred. Staff was directed to meet with the applicants and the neighbours, if they deem it appropriate, to address concerns and design issues. The Chair directed that the neighbours receive copies of the staff report on the amended application in advance of the meeting when this application is to be considered. Also, that when this application is to be considered, it be scheduled as the first matter for that hearing. It was noted by the Chair that, in addition to submitting a written amendment to the application, a deferral fee will be required to cover the cost of providing public notice of the amended application in The Record. The Secretary-Treasurer agreed that if the written amendment and the deferral fee is received by Thursday of this week, the matter could be considered by the Committee of Adjustment at its meeting scheduled for May 10, 2005. Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Jessica Turner & Terry Lorentz requesting permission to convert the existing dwelling to a triplex. With a minimum lot area of minimum lot area of 325 m2 (3,498.38 sq. ft.) rather than the required 495 m2, (5,328.3 sq. ft.) and permission to provide 2 parking spaces in front of the building fagade up to 0.0 m (0 ft.) of the street line along Duke Street, on Part Lot 315, Registered Plan 376, 151 Louisa Street, Kitchener, Ontario, BE DEFERRED, to allow the applicants an opportunity to amend their application to include a lot width variance, and if a completed application is received by Thursday April 14, 2005, this matter be scheduled for hearing on Tuesday May 10, 2005. Carried COMMITTEE OF ADJUSTMENT 65 APRIL 12,2005 CONSENT 1. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-015 The Trustees of St. Philip's Evangelical Lutheran Church 236 Woodhaven Road Part Block B Reoistered Plan 849 Appearances: In Support: Mr. B. Nimer Mr. D. Seton Ms. P. Schellenberger Mr. W. Janssen Contra: Mr. N. Elter Mr. G. Franklin Mr. E. Franklin Mr. S. Weir Mr. 1. Corbett Written Submissions: None The Committee was advised that the owner requests permission to create one new lot to be developed as a residential care facility. The new parcel is proposed to have 75.24 m (246.85 ft) of frontage with a lot area of approximately 0.76 ha (1.87 acres). The retained lands would have 56.14 m (184.18 ft) of frontage and a lot area of about 0.5 ha (1.23 acres) and contain the existing religious institution. The Committee considered the report of the Development & Technical Services Department, dated April 5, 2005, in which they advise the subject property is located on the north side of Wood haven Road, between Siebert Avenue and Maywood Road. The land is zoned Neighbourhood Institutional (1-1) with Special Regulation 93R, and is designated Low Rise Residential in Kitchener's Municipal Plan. The existing lot is occupied by a 5,667 square metre church. The surrounding neighbourhood consists of primarily single detached dwellings. The applicant is requesting a consent to create a new lot with an area of 7,602 square metres, with 75.24 metres of frontage onto Wood haven Road. The severed lot is proposed to contain a residential care facility. The retained lands will have a frontage of 56.14 metres, and will retain its use as a religious institution. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, staff are satisfied that the creation of the severed lot is desirable and appropriate. The configuration and size of the severed land can be considered appropriate/suitable for the development of the uses permitted in the zoning and any future development should be compatible with the neighbourhood. The retained lot conforms to the 1-1 requirements for religious institutions and appears to be large enough to accommodate adequate parking. Services are available on Woodhaven Road and separate connections will be required for the new parcel. Based on the foregoing, Planning staff recommend the application be approved, subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated April 6, 2005, advising they have no objections with this application. The Committee considered the comments of the Kitchener-Wilmot Hydro Inc., dated March 24, 2005, advising that approval of this application be subject to the applicant making satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed and the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. COMMITTEE OF ADJUSTMENT 66 APRIL 12,2005 1. Submission No.: B 2005-015 ICont'd) The Chair advised the following procedure will be observed with respect to hearing this application: the applicant will present their application, staff will review their comments and why they are in support of this application, other supporters of the application will present their positions, objectors can then make their concerns known, the applicant can then respond to the objections, staff can respond to objections, Committee members can ask questions and will deliberate once all submissions have been made. Mr. B. Nimer advised he is the agent for the property owner, and the prospective purchaser. The Church wishes to sell the severed land in order to finance the construction of a building addition, and limit the costs of upkeep and maintenance. The current zoning of the property is 1-1 Neighbourhood Institutional which permits a residential care facility; however, the zoning limits the number of residents at such a facility to 8. Mr. Nimer stated this would not be the highest and best use for this property. Mr. Nimer then noted there are a number of encroachments on this property, particularly by properties fronting Harbour Avenue, and he will meet with these property owners on an individual basis. He noted the current application is only to sever the land, and any other applications required for use of the land will be dealt with separately. He concluded by advising his commitment to the church is to build some form of seniors development. The Chair suggested that the Committee may defacto put forward the use of the property by approving the severance. Mr. Nimer responded he will try to find a use which fits in with the zoning. Ms. 1. Malone-Wright read aloud from the zoning by-law, the permitted uses in the 1-1 Neighbourhood Institutional zone. Mr. Nimer noted he is the end buyer for this property and the developer, and he will direct the development toward seniors' accommodation. Mr. Janssen advised the Committee the church performs a service to the community by making space available in the church for community groups. They are finding the space in the church is not large enough for some of the community groups they serve, so they would like to build an addition. When questioned by the Committee, Mr. Janssen advised they will still have sufficient room on the property to build an addition once the severance has taken place. Ms. Schellenberger advised that the congregation of St. Philip is unanimously in support of the sale of the land. They also support seniors' housing on the severed land. When questioned by the Committee. Ms. Schellenberger advised the Church has spoken to staff about their proposed addition, and there will be enough room on the site once the severance has been completed. Mr. Franklin advised he is representing himself, as well as some of his neighbours on Harber Avenue and Seibert Street, who were unable to attend this meeting. He submitted photographs of the church property and surrounding properties that abut the subject property. Mr. Franklin advised the subject property runs down hill to the northwest. When you go up Harber Avenue and up Siebert Street, it is an uphill run. Byron Avenue, at the back of the church property is also an uphill run. Neighbours have taken adverse possession of Church land in order to try and maintain the stability of their back yards, which they have done by installing stone and rock gardens to try to hold the hill in place. Mr. Franklin brought a sample of the sand form the hill, noting there has been a fair bit of movement in the sand over the years. Further, he advised the survey submitted by the applicant does not show all the encroachments onto the Church property. Mr. Franklin stated some of his concerns, starting with the fact that the submitted plan does not show the location of the storm basins installed by the City. During heavy rains, these basins fill or overflow, and without these basins there would be a substantial amount of erosion. He advised the neighbours are not concerned about a residential care facility, but are concerned about an increase in storm water run-off if this land is covered with buildings and asphalt. Mr. Franklin then referred to his submitted photographs, noting the effect a building on this site will have in restricting the amount of sunlight, because of the difference in elevation between the church site and the properties on Harber, Siebert and Byron, added to the height of any proposed building. COMMITTEE OF ADJUSTMENT 67 APRIL 12,2005 1. Submission No.: B 2005-015 ICont'd) He asked that consideration of this application be deferred until the following matters can be addressed: - results of adverse possession, to be done by mutual agreement; - the applicant addresses the neighbours' concerns about a 2 storey building on the site; - the ultimate use of the property is determined or a condition is imposed that the purchaser must develop a residential care facility; - the applicant agrees to build close to the existing church and as close as possible to Woodhaven Road, to minimize the impact on the existing streetscape; and, - manage storm water, emanating from this property, on the property, and that it not interfere with the existing storm water basins or create further erosion. The Chair questioned how drawing the severance line across this property is affecting the neighbours' issues. Mr. Franklin responded that drawing the line can have this property transferred to other people who may build things other than originally intended. Once the land is severed, it may not be this developer or the next developer who will develop this site. The Chair stated what is before this Committee is the drawing of a line on a map, and not a rezoning or subdivision, and it is not appropriate for this Committee to shackle the use. He stated the Committee must consider whether the location of the line on the property is appropriate given the current permitted uses, the requirements of the zoning by-law and the official plan. The Chair highlighted some of the concerns addressed by Mr. Franklin with respect to: adverse possession, and the neighbours desire to ensure erosion control measures are taken into consideration with any new development. He questioned whether Mr. Franklin wants the Committee of Adjustment to look after their concerns to maintain their adverse possession. He state the neighbours could deal with the church or their courts on this matter. Mr. Franklin stated his concern that by dealing with this application today, the neighbours' rights to claim adverse possession might be taken away. The Committee question Mr. Franklin's desired result at this meeting. Mr. Franklin stated he did not believe a refusal would serve anyone. What he is seeking is a deferral to allow time to deal with adverse possession, or an approval conditional on the applicant being required to deal with the adverse possession. Mr. Elter addressed the Committee advising he lives next door to the church on Woodhaven Road, and questioned whether there would be a buffer zone, if there are height restrictions, and where parking would be located. The Chair advised that site plan approval will be required for the development of this property; however, that is a process between the developer and staff. They could consult with the neighbours, and this Committee could request them to do so given the neighbours' erosion and grading concerns. Mr. Weir advised he lives at the corner of Harber and Siebert, and he has a concern about the height of the proposed building. Mr. Franklin, Sr., stated that over the years, the church has done nothing to maintain their property. Mr. Nimer addressed the Committee in response to the neighbours' comments and concerns. He stated he is also concerned about the slope, and the City will impose conditions to deal with this issue. The City will also require him to deal with the encroachments. Further, there will be another application to deal with the use, and the neighbours will be notified of that application. He further stated that the trees will be identified, there will likely be a requirement for a tree management plan, and the City may require a visual barrier. Mr. Nimer stated he will address everyone's concerns on an individual basis. Ms. Malone-Wright advised that the severance as proposed will allow adequate space on the retained land for the church to build its addition. Further, with respect to development on lands zoned "Institutional", City Council has a policy providing for public participation in the site plan process. COMMITTEE OF ADJUSTMENT 68 APRIL 12,2005 1. Submission No.: B 2005-015 ICont'd) Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of The Trustees of St. Philip's Evangelical Lutheran Church requesting permission to convey a parcel of land having a frontage of 75.24 m (246.85 ft) and a lot area of approximately 0.76 ha (1.87 acres), subject to any easements over the severed and/or retained lands required by Kitchener-Wilmot Hydro Inc., on Part Block B, Registered Plan 849, 236 Wood haven Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 2. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the following: (a) installation of all new service connections to the severed lands; and, (b) installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed land. 3. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the severed land, which shall include the granting of any easements required by them for this purpose. 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 April 12, 2007. Carried The Chair requested that staff involve the neighbours in the site plan process even if Council's policy does not require public participation in that process. 2. Submission No.: Applicant: Property Location: Legal Description: B 2005-016 First Mennonite Church Kitchener Inc. 800 King St. East & 39 Stirling Avenue South Lot 18 & Part Lot 19, Subdivision of Lot 1, German Company Tract, Lot 81, Subdivision of Lot 2, German Company Tract and Part Lots 54 & 55, Registered Plan 77 Appearances: In Support: Mr. J. D. Heintz Mr. C. Bauman Contra: None COMMITTEE OF ADJUSTMENT 69 APRIL 12,2005 2. Submission No.: B 2005-016 ICont'd) Written Submissions: None The Committee was advised that the applicant requests permission to sever the existing property into two separate lots. The severed lands would have 10.73 m (35.2 ft) of frontage on Stirling Avenue, a lot area of 309.5 m2 (3,331.53 sq. ft.) and contain an existing house that is proposed to be converted from office use to a single detached dwelling. The retained lands would have approximately 140.6 m (461.28 ft) of frontage on King Street East, a lot area of about 0.2 ha (0.494 acres) and contain an existing religious institution, cemetery and garage. The Committee considered the report of the Development & Technical Services Department, dated April 6, 2005, advising they have no objections provided the existing driveway on the severed lands be closed at the rear of the property so that access can not be gained to the retained lands to the satisfaction of the City's Director of Transportation Planning; and, 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 Region of Waterloo Planning Housing & Community Services, dated April 6, 2005, advising they have no objections to this application. Moved by Mr. B.lsaac Seconded by Mr. Z. Janecki That the application of First Mennonite Church Kitchener Inc. requesting permission to convey a parcel of land having 10.73 m (35.2 ft) of frontage on Stirling Avenue, a lot area of 309.5 m2 (3,331.53 sq. ft.) on Part Lots 54 & 55, Registered Plan 77, 39 Stirling Avenue North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall close the existing driveway on the land to be severed, at the rear of the property so that access can not be gained to the retained land, to the satisfaction of the City's Director of Transportation Planning. 2. 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 April 12, 2007. Carried 3. Submission No.: Applicant: Property Location: Legal Description: B 2005-017 Maria Werchola 149 & 151 Wentworth Avenue Part of Lot 368, Subdivision of Lot 17, German Company Tract Appearances: In Support: Mr. D. Werchola COMMITTEE OF ADJUSTMENT 70 APRIL 12,2005 3. Submission No.: B 2005-017 ICont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the lands into two separate parcels. The severed lands would have 10.25 m (33.62 ft) of frontage and a lot area of about 264 m2 (2,841.7 sq. ft.). The retained lands would have 20.79 m (68.2 ft.) of frontage and a lot area of approximately 535.7 m2 (5,766.41 sq. ft.). Both parcels would each contain an existing single detached dwelling. The Committee noted the report of the Development & Technical Services Department, dated April 6, 2005, advising they have no objections to this application provided 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 Region of Waterloo Planning, Housing & Community Services, dated April 6, 2005, advising they have no objections to this application provided that prior to final approval of the plan the owner enters into an agreement with the City of Kitchener to include a noise warning clause on all offers of purchase and sale and all rental agreements for both properties. It was the opinion of this Committee that the Region's request for the noise warning clause is not warranted, given the length of time current development has existed in this area. Moved by Mr. B.lsaac Seconded by Mr. Z. Janecki That the application of Maria Werchola requesting permission to convey a parcel of land having 10.25 m (33.62 ft) of frontage and a lot area of about 264 m2 (2,841.7 sq. ft.), on Part Lot 368, Subdivision of Lot 17, German Company Tract, 149 Wentworth Avenue, Kitchener Ontario, BE GRANTED, 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 April 12, 2007. Carried COMMITTEE OF ADJUSTMENT 71 APRIL 12,2005 4. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-018 James Israel 9 - 11 Meadow Woods Crescent Lot 386 Reoistered Plan 1426 Appearances: In Support: Mr. J. Richard Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to divide the existing semi- detached dwelling so they may sell each half of the semi separately. The severed lands would have 12.6 m (41.33 ft) of frontage and a lot area of 319.4 m2 (3,438.1 sq. ft.). The retained lands would have 14.2 m (46.58 ft.) of frontage and a lot area of 360.4 m2 (3,879.44 sq. ft.). The Committee considered the comments of the Development & Technical Services Department, dated April 6, 2005, in which they advise they have no objections to this application provided the applicant makes arrangements for the payment of any outstanding property taxes and/or local improvements. The Committee considered the comments of the Region of Waterloo, Planning, Housing & Community Services, dated April 6, 2005, advising they have no objections to this application. Moved by Mr. B.lsaac Seconded by Mr. A. Janecki That the application of James Israel requesting permission to convey a parcel of land having 12.6 m (41.33 ft) of frontage and a lot area of 319.4 m2 (3,438.1 sq. ft.), on Part Lot 386, Registered Plan 1426, 11 Meadow Woods Crescent, Kitchener, Ontario, BE GRANTED, subject to 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 April 12, 2007. Carried COMMITTEE OF ADJUSTMENT 72 APRIL 12,2005 ADJOURNMENT On motion, the meeting adjourned at 12:00 p.m. Dated at the City of Kitchener this 12th day of April, 2005. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment