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HomeMy WebLinkAboutAdjustment - 2005-06-14 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 14, 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and Z. Janecki. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Ms. R. Brent, Assistant Secretary- Treasurer, and Ms. D. Gilchrist, Secretary-Treasurer. Mr. P. Britton, Chair, called this meeting to order at 9:40 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment of May 10, 2005, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: 1. A 2005-026 Applicant: Mark Morton & Melanie Cameron Property Location: 52 Cameron Street North Legal Description: Lot 2, Plan 126 Appearances: In Support: Ms. M. Cameron Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a reduction of the 22 minimum lot area from 495 m (5,328.31 sq. ft.) to 448 m (4,822.38 sq. ft.) and a reduction of the minimum lot width from 15 m (49.21 ft.) to 12.3 m (40.35 ft.) to legalize the use of the existing building on the property for a triplex. The Committee considered the report of the Development & Technical Services Department, dated May 2, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated April 26, 2005, advising they have no concerns with this application. Ms. Cameron advised this use has existed since the 1950’s and each unit has its own access to the outside. The driveway is very long and is a double width so there is adequate space for parking on-site. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 92 Submission No.: 1. A 2005-026 (Cont’d) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Mark Morton & Melanie Cameron requesting legalization for an existing 22 triplex on a lot having an area of 448 m (4,822.38 sq. ft.) rather than the required 495 m (5,328.31 sq. ft.) and a lot width of 12.3 m (40.35 ft.) rather than the required 15 m (49.21 ft.), on BE APPROVED Lot 2, Plan 126, 52 Cameron Street North, Kitchener, Ontario, . 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 Submission No.: 1. A 2005-031 Applicant: Kerry-Lynn Fenlon & Brodie Gordon Property Location: 126 Church Street Legal Description: Lot 16, Registered Plan 367 Appearances: In Support: Ms. K. Fenlon Mr. B. Gordon Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a reduction of the required setback from a street line for an off-street parking space from 6 m (19.68 ft.) to 0 m, in order to install a driveway and provide a parking space for the existing single detached dwelling. The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, in which staff advised they have no objection to the application, provided the applicant submits a site plan sketch prior to installing the parking space. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 7, 2005, advising they have no concerns with this application. Ms. Malone-Wright advised the applicants are requesting a front yard parking space as they have no ability to access their rear yard from the street. She agreed it is appropriate to provide parking on-site; however, there is a problem with the measurements on the plan. The front porch has recently been constructed. According to the survey there is approximately 19 ft. from the front lot line to the front wall of the house. Given the new front porch, there can’t be 18 ft. left between the porch and the front property line unless the porch is only 1 ft. wide. Mr. Gordon advised the Committee he and his wife have lived at this property for 5 years. They have a verbal agreement with concerned neighbours to improve the existing parking situation. Currently they are parking on a paved portion of the front yard, and they now wish to have a legal parking space. Mr. Gordon advised he had taken his measurements from the sidewalk which he now realizes is not the lot line. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 93 Submission No.: 1. A 2005-031 (Cont’d) Mr. Morscher advised that his family has owned the abutting property sine the 1930’s. He commended the applicants for the extensive work they have done on their property. He advised he is not opposed to them having an on-site parking space; however, he has a concern with the driveway being 12 ft. wide, as it invites 2 cars to park side by side. Mr. Morscher stated he has no concerns with the owners; however, there have been tenants in this property over the years, causing numerous problems. If this property were to be rented in the future, he doesn’t want to have to deal with tenant parking problems again. Mr. Morscher suggested the driveway be no wider than 9 ft. and planting be required between the 2 driveways. The Chair offered the applicants an opportunity to defer consideration of this application to the Committee of Adjustment meeting scheduled for July 12, 2005, to allow them an opportunity to obtain accurate measurements, and to meet with staff and Mr. Morscher to determine the best location for the driveway/parking space, and landscaping. This deferral was agreed to by all parties. Submission No.: 2. A 2005-032 Applicant: GSM Carpentry Ltd. Property Location: 37 Lancaster Street West Legal Description: Lots 11 – 21 & Part Lots 10, 22 & 25, Registered Plan 136, Parts 1 – 7, Reference Plan 58R-7881 Appearances: In Support: Mr. L. Protopapas Contra: Mr. D. Dye Written Submissions: None The Committee was advised that the applicant requests legalization of an existing industrial building with a front yard setback of 1.5 m (4.92 ft.) rather than the required 6 m (19.68 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, advising staff have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 7, 2005, advising they have no concerns with this application. Mr. Protopapas advised that the front yard variance came to light at the time this property was being purchased by his clients, the front yard being Lancaster Street. The building was constructed 30 years ago, and there is no intention of changing anything on the property at this time. Mr. D. Dye advised he is in attendance for clarification of this application. Mr. Protopapas responded to questions from the Committee, advising the property is zoned industrial and will be used for a carpenter’s shop, warehousing and display room. Ms. Malone- Wright advised that parking for the proposed uses will be examined through the Occupancy Permit process. When questioned by the Committee, Ms. Malone-Wright advised staff interpret, based on zoning by-law requirements, that Lancaster Street is the front yard, Major Street is the rear yard, and Breithaupt Street is a sideyard abutting a street. Further, review of the zoning by-law revealed that a side yard abutting a street must be a minimum of 6 m. Mr. Protopapas requested permission to amend this application to legalize existing setbacks from Lancaster Street and Breithaupt Street. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 94 Submission No.: 2. A 2005-032 (Cont’d) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of GSM Carpentry Ltd. requesting legalization of an existing industrial building, with a setback from Lancaster Street of 0.6 m (2 ft.) rather than the required 6 m (19.68 ft.), and a side yard abutting Breithaupt Street of 0 m rather than the required 6 m (19.68 ft.), on Lots 11 – 21 & Part Lots 10, 22 & 25, Registered Plan 136, Parts 1 – 7, Reference Plan 58R- BE APPROVED, 7881, 37 Lancaster Street West, Kitchener, Ontario, subject to the following condition: 1. That the variances as approved in this application shall apply to the building as shown on Reference Plan 58R-7881, prepared by Splight, Van Nostrand & Gibson Limited, Ontario Land Surveyors, dated received November 15, 1991. 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.: 3. A 2005-033 Applicant: Linda Melsted Property Location: 72 Lydia Street Legal Description: Part Lot 173, Registered Plan 86 Appearances: In Support: Mr. M. Bauman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to enclose the existing rear entry with a side yard abutting Chapel Street of 3m (9.8 ft.) rather than the required 4.5m (14.76 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, advising they have no objections to this application provided the variance applies to the enclosed rear porch as generally shown on the plans submitted with the application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 7, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Linda Melsted requesting permission to enclose an existing rear entry with a side yard abutting Chapel Street of 3m (9.8 ft.) rather than the required 4.5m (14.76 ft.), on Part BE APPROVED, Lot 173, Registered Plan 86, 72 Lydia Street, Kitchener, Ontario, subject to the following condition: 1. That the variance as approved in this application shall apply to enclosure of the existing rear entry generally as shown on the plans submitted with this application. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 95 Submission No.: 3. A 2005-033 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: 4. A 2005-034 Applicant: 20191888 Ontario Limited/Cook Homes Property Location: 265 Lawrence Avenue Legal Description: Part of Lot 96, Municipal Compiled Plan 786 Appearances: In Support: Ms. K. Dietrich Contra: None Written Submissions: None The Committee was advised that the applicant requests permission a reduction of the minimum side yard setback, for a stacked townhouse development with a building height not exceeding 9 m (29.52 ft.), from 1.5 m (4.95 ft.) to 1.4 m (4.92 ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated June 7, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated June 7, 2005, advising they have no objections to this application; as a permit has already been issued by them for the construction of the units in the flood plain. Ms. Dietrich advised there was an error in the site plan, and the engineering drawings were based on that site plan. The foundations have been constructed, but construction ceased as soon as the error was realized. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of 20191888 Ontario Limited/Cook Homes requesting a reduction in the minimum side yard setback, for a stacked townhouse development with a building height not exceeding 9 m (29.52 ft.), from 1.5 m (4.95 ft.) to 1.4 m (4.92 ft.) on Part of Lot 96, Municipal BE APPROVED. Compiled Plan 786, 265 Lawrence Avenue, Kitchener, Ontario, 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 COMMITTEE OF ADJUSTMENT JUNE 14, 2005 96 CONSENT Submission No.: 1. B 2005-027 Applicant: Maple Leaf Foods Inc. Property Location: Strasburg Road Legal Description: Part Lot 17, Registered Compiled Plan 1471 Appearances: In Support: Mr. S. Callon Contra: None Written Submissions: None The Committee was advised that the applicant requests consent to sever a parcel of land to be conveyed as a lot addition to the Huron Heights Secondary School site at 1825 Strasburg Road, to be used for parking. The severed parcel would have a lot width of 79.5 m (260.82 ft.), a depth of 107.29 m (352 ft.) at the longest point and an area of 0.38 ha (0.93 ac.). The retained lands would have a lot width of approximately 170.7 m (560 ft.), a depth ranging from 204 m (669.29 ft.) to 403 m (1,322.17 ft.), and an area of approximately 7.47 ha (18.45 ac.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, recommending approval of this application, subject to conditions. The Committee noted the comments of the Region of Waterloo, Planning Housing & Community Services, dated June 9, 2005 advising they have no objections to this application. The Committee considered the comments of the Grand River Conservation Authority, dated June 7, 2005, advising they have no objection to this application; as the limits of the severed lot are located outside the wetland boundary and 7.5 m no-touch buffer previously recommended for subdivision plan 30T-83006. For the benefit of the Committee, Mr. Callon displayed a site plan to show the location of parking and the Grand River Conservation Authority setback. Ms. Malone-Wright advised there will be an amendment to the existing site plan application to include the severed land once it has been acquired. Mr. Callon explained the Board of Education envisages population growth in this area, and wish to acquire this land as it may be required for future expansion. Also, the Board is working with the City of Kitchener on their indoor and outdoor sports requirements. Moved by Mr. Z. Janecki Seconded by Mr. D. Angel That the application of Maple Leaf Foods Inc. requesting permission to convey a parcel of land as a lot addition to the Huron Heights Secondary School site having a width of 79.5 m (260.82 ft.) by a depth of 107.29 m (352 ft.) at the longest point , and having an area of 0.38 ha (0.93 acres), on BE Part Lot 17, Registered Compiled Plan 1471, Strasburg Road, Kitchener, Ontario, GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the land to be severed in this application shall be added to the abutting land, and title shall be take in identical ownership, with any subsequent conveyance complying with subsections 50(3) and for (5) of the Planning Act. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 97 Submission No.: 1. B 2005-027 (Cont’d) 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 June 14, 2007. Carried Submission No.: 2. B 2005-028 Applicant: Peter Edward Loschnig Property Location: 215 and 217 Veronica Drive Legal Description: Part Lot 26, Parts 5 &6, Registered Plan 1303 Appearances: In Support: Mr. J. Richard Contra: None Written Submissions: None The Committee was advised that the applicant requests consent to divide the existing semi- detached dwelling so they may sell each half of the semi separately. The severed lands and retained lands would be of equal size, having frontage on Veronica Drive of 8.3 m (27.23 ft.) and 2 lot areas of 349.4 m ( 3,761 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo, Planning Housing & Community Services, dated June 9, 2005, advising they have no objections to this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Peter Edward Loschnig requesting permission to convey a parcel of land 2 having a width of 8.3 m (27.23 ft.) by a depth of 42.06 m (137.99 ft.), and an area of 349.4 m (3,761 sq. ft.), on Part Lot 26, Registered Plan 1303, being Part 5, Reference Plan 58R-1082, 215 BE GRANTED Veronica Drive, 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. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 98 Submission No.: 2. B 2005-028 (Cont’d) 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 June 14, 2007. Carried Submission No.: 3. B 2005-029 Applicant: Matbridge Investments Ltd. Property Location: 209 Manitou Drive Legal Description: Part Lot 23, Part 2, Reference Plan 11962 Appearances: In Support: Mr. R. Gardner Contra: None Written Submissions: None The Committee was advised that the applicant requests consent to sever the rear of the subject property to create a new lot on Otonabee Drive. The severed parcel would have a lot width on Otonabee Drive of 40.2 m (131.88 ft.), a depth of 68.02 m (223.16 ft.), and a lot area of 2,734.4 2 m (29,433.79 sq. ft.). The severed parcel is proposed to be developed with a two-storey building to be used for a warehouse, office and a contractor’s establishment. The retained parcel would have a lot width on Manitou Drive of 119.46 m (391.92 ft.), a depth of 254.71 m (835.66 ft.) at the 2 longest point and a lot area of 17,033.2 m (183,349.8 sq.ft.). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, in which they advised that the subject lands are located on the westerly side of Manitou Drive, south of Bleams Road and north of the Wabanaki and Manitou Drive intersection. The lot is considered to be a “through lot” as it has frontage on both Manitou Drive and Otonabee Drive. The subject property currently is occupied with a 3393.3 square metre industrial building and the associated parking lot with driveway access off of Manitou Drive. The property is zoned Heavy Industrial Zone (M-4), 35U and is designated as Heavy Industrial in the City’s Municipal Plan. Special Use Provision 35U permits a restaurant use for lots having frontage on Manitou Drive. The owner has submitted a consent application to sever a parcel of land from the south westerly corner of the property. The lands proposed to be severed have approximately 40.2 metres (132 feet) of frontage on Otonabee Drive, a depth of 69.02 metres (226 feet), and an area of approximately 0.27 hectares (0.68 acres). The access for the proposed severed parcel will be located off Otonabee Drive. A site plan for a 464.5 square metre (5000 square foot) industrial building received site plan approval in principal on April 27, 2005. 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 offer the following comments. The proposed lot conforms to the Municipal Plan as it provides additional serviceable land for a new industrial operation. The severed parcel meets the minimum zoning requirements with respect to size and lot width and is able to accommodate the proposed development while maintaining all zoning setback requirements. The retained lots will continue to meet all of the minimum zoning requirements with respect to lot size and setbacks. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 99 Submission No.: 3. B 2005-029 (Cont’d) Both properties will have independent service connections to municipal services and front on an established public street. The dimensions and shapes of the newly configured retained lot and proposed severed lot will be appropriate and suitable for the existing and proposed industrial uses. There are a variety of lot sizes in the surrounding industrial area therefore, the resultant severed and retained lots will continue to be compatible in size for the area. The Application for Consent conforms to the policies of the Provincial Policy Statement 2005 as the severance will result in lands for additional employment, provide opportunities for a diversified economic base and will make use of existing infrastructure. That Consent Application B2005-029 be approved subject to the following condition: 1. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. The Committee considered the comments of the Region of Waterloo, Planning Housing & Community Services, dated June 9, 2005, advising they have no objections to this application subject to the submission of a Record of Site Condition acknowledged by the Ministry of the Environment. Ms. Malone-Wright advised the Committee that the applicant has applied for site plan approval for this property. There are existing buildings on the retained land which meet zoning requirements. The severed land can meet zoning requirements. Many of the conditions which the City wishes to impose can be looked at after through the site plan agreement. With respect to the fence on City property, Mr. Thompson advised Matbridge Investments obtained approval from the City many years ago to put the fence on the south side of the lane, and there are municipal services under the lane. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Matbridge Investments Ltd. requesting permission to sever a parcel of land having a width on Otonabee Drive of 40.2 m (131.88 ft.), a depth of 68.02 m (223.16 ft.), and an 2 area of 2,734.4 m (29,433.79 ft.), on Part Lot 23, Registered Compiled Plan 1489, being Part 2, BE GRANTED, Reference Plan 58R-11962, 209 Manitou Drive, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement changes. 2. That the owner shall make financial arrangements satisfactory to the City’s Engineering Services for the installation of all new service connections to the severed land. 3. That the owner shall forward two copies of the Record of Site Condition acknowledged by the Ministry of Environment to the Regional Commissioner of Planning Housing and Community Services. In the event the Record of Site Condition is audited, the Region of Waterloo must be advised by the Ministry of Environment that the requirements of the audit, if any, are completed to the satisfaction of the Ministry of Environment. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 100 Submission No.: 3. B 2005-029 (Cont’d) 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 June 14, 2007. Carried Submission Nos.: 4. B 2005-021 – B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 Applicant: 970722 Ontario Inc. & Activa Group Property Location: Snow Drop Court Legal Description: Part Lot 132, German Company Tract and Blocks 8 & 9, Registered Plan 58M-300 Mr. P. Britton declared a pecuniary interest in these applications as his planning firm acts for the applicants, and did not participate in any discussion or voting with respect to these applications. These applications were considered by the remaining 2 members, and Mr. Janecki chaired the meeting during consideration of these applications. Appearances: In Support: Ms. N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever 4 parcels of land from 2 existing blocks of land on Snow Drop Court. The severed and retained lands, 6 blocks in total, are proposed to be conveyed as lot additions to 6 blocks which are proposed to be created through Applications for Consent B 2005-021 to B 2005-026. As a result, 6 new lots would be created on Snowdrop Court, each having a lot width of 9.1m (29.85 ft.) on Snowdrop Court and 22 lot areas ranging from 516 m (5,554.35 sq. ft.) to 1,127 m(12,131.32 sq. ft.). The Committee was further advised that in Submission No.’s B 2005-021 to B 2005-026, the applicant requests consent to sever 6 parcels of land from the lands formerly known as the Eby Estate to be able to convey as lot additions to 6 blocks in the adjacent draft plan of subdivision. As a result, 6 new lots will be created on Snowdrop Court. Each of the new lots will have a lot 2 width of 9.1m (29.85’) on Snowdrop Court and having lot areas ranging from 516 m (5,554.35 2 sq. ft.) to 1,127 m(12,131.32 sq. ft.). The retained lands will have a frontage on Bleams Road of 410.8 m (1,347.76’) and an area of 30.8 ha (76.07 acres). The Committee considered the report of the Development & Technical Services Department, dated June 7, 2005, in which they advise that the subject property is located at the end of Snowdrop Court, north of Bleams Road and south of Activa Avenue in the Laurentian West Neighbourhood. The lands are currently part of a large property with frontage on Bleams Road and which is known as the former “Eby Estate”. The entire site, including the proposed lands to be severed, is currently going through a zone change application. The parcel is being rezoned COMMITTEE OF ADJUSTMENT JUNE 14, 2005 101 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) from Agricultural to Residential and there have been no significant issues raised with the th application. The zone change was approved at the May 9 Council and, pending no appeals, the by-law should be in effect on June 8. The applicants have submitted consent for lot additions in order to consolidate land to create 6 parcels. The intent is to have 6 lots for the construction of single detached dwellings at the end of the Snowdrop Court cul-de-sac. Once consolidated, the new lots would ultimately each have 22 frontage of approximately 9.14 m and areas ranging between 516 m to 1127 m. The retained lands contain existing dwellings and a former gravel pit. The development and use of the retained parcel is currently under review as part of the submitted draft plan of subdivision and zone change applications (30T-05201 & ZC 05/01/B/BS) 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 lots is desirable and appropriate. The severance of these parcels now, allows the applicant to proceed with finishing construction on Snowdrop Court in the immediate time frame. The configuration and size of the severed lands can be considered appropriate/suitable for the development of single detached dwellings and the new lots are compatible with the rest of the street and the existing and future development in the neighbourhood. The lands can be immediately serviced and storm water drainage can be accommodated in an existing pond. Based on the foregoing, Planning staff recommends that the applications be approved. Issues such as parkland dedication and grading were raised through the consideration of the zone change application; however they are more appropriately dealt with as conditions of consent and are therefore recommended as part of this approval. That applications B2005-021 to B2005-026 inclusive and B2005-030 and B2005-034 to B2005- 036 inclusive, be approved, subject to the following conditions: 1. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That each of the severed parcels (Parts 1A to 6A inclusive on the applicant’s plan dated April 11, 2005) from Applications B2005-021 to B2005-026 inclusive be consolidated with the appropriate parcels (Parts 1B to 6B inclusive on the applicant’s plan dated April 11, 2005) from Applications B2005-030, and B2005-034 to -036 inclusive and title be taken into identical ownership. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 3. That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 102 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) d) That the owner make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 4. 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 for applications B2005-021 to B2005-026 inclusive. 5. That Zone Change Application ZC 04/24/B/BS receive final approval for applications B2005- 021 to B2005-026 inclusive. The Committee considered the comments of the Region of Waterloo, Planning Housing & Community Services, dated May 4, 2005 and June 9, 2005, advising they have no concerns with these applications. Ms. T. Malone-Wright and Ms. N. Horne advised that the rezoning by-law is now in final non- appealable form; therefore, the City’s requested Condition No. 5 is no longer required. Submission No. B 2005-021 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 875 m (9,418.72 sq. ft.), shown as Part 1A on the severance sketch dated April 11, 2005, as a lot addition to the land to be retained through Submission No.’s B 2005-030 and B 2005-034 (shown as Part 1B on the severance sketch dated April 11, 2005), on Part Lot BE GRANTED, 132, German Company Tract, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 103 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) 4. 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 lands to be severed. 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 June 14, 2007. Carried Submission No. B 2005-022 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 497m (5,349.83 sq. ft.), shown as Part 2A on the severance sketch dated April 11, 2005, as a lot addition to the land to severed through Submission No. B 2005-030 (shown as Part 2B on the severance sketch dated April 11, 2005), on Part Lot 132, German Company Tract, BE GRANTED, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 104 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) 4. 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 lands to be severed. 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 June 14, 2007. Carried Submission No. B 2005-023 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 514m (5,532.83 sq. ft.), shown as Part 3A on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-034 (shown as Part 3B on the severance sketch dated April 11, 2005), on Part Lot 132, German Company BE GRANTED, Tract, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 105 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 4. 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 lands to be severed. 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 June 14, 2007. Carried Submission No. B 2005-024 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 586m (6,307.85 sq. ft.), shown as Part 4A on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-035 (shown as Part 4B on the severance sketch dated April 11, 2005), on Part Lot 132, German Company BE GRANTED, Tract, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 106 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 4. 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 lands to be severed. 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 June 14, 2007. Carried Submission No. B 2005-025 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 762m (8,202.36 sq. ft.), shown as Part 5A on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-036 (shown as Part 5B on the severance sketch dated April 11, 2005), on Part Lot 132, German Company BE GRANTED, Tract, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 107 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 4. 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 lands to be severed. 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. 2. 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 June 14, 2007. Carried Submission No. B 2005-026 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 970722 Ontario Inc. requesting permission to convey a parcel of land 2 having an area of 413 m (4,445.64 sq. ft.), shown as Part 6A on the severance sketch dated April 11, 2005, as a lot addition to the land to be retained through Submission No.’s B 2005-035 and B 2005-036 (shown as Part 6B on the severance sketch dated April 11, 2005), on Part Lot BE GRANTED, 132, German Company Tract, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 108 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 4. 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 lands to be severed. 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 June 14, 2007. Submission No. B 2005-030 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Group requesting permission to convey a parcel of land having an 2 area of 23 m (247.57 sq. ft.), shown as Block 2B on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-022 (shown as Block 2A on the severance sketch dated April 11, 2005), on Part Block 9, Registered Plan 58M-300, BE GRANTED, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 109 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 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 June 14, 2007. Submission No. B 2005-034 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Group requesting permission to convey a parcel of land having an 2 area of 2 m (21.52 sq. ft.), shown as Part 3B on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-023 (shown as Part 3A on the severance sketch dated April 11, 2005), on Part Block 9, Registered Plan 58M-300, BE GRANTED, Snowdrop Court, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 110 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 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 June 14, 2007. Carried Submission No. B 2005-035 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Group requesting permission to convey a parcel of land having an 2 area of 4 m (43.05 sq. ft.), shown as Part 4B on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-024 (shown as Part 4A on the severance sketch dated April 11, 2005), on Part Block 8, Registered Plan 58M-300, BE GRANTED, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 111 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 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 June 14, 2007. Carried Submission No. B 2005-036 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Group requesting permission to convey a parcel of land having an 2 area of 30 m (322.92 sq. ft.), shown as Part 5B on the severance sketch dated April 11, 2005, as a lot addition to the land to be severed through Submission No. B 2005-025 (shown as Part 5A on the severance sketch dated April 11, 2005), on Part Block 8, Registered Plan 58M-300, BE GRANTED, Snowdrop Court, Kitchener, Ontario, 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 land to be severed in this application shall be added to the abutting land and title shall be taken in the identical ownership with any subsequent conveyance or transaction complying with Subsections 50 (3) and/or (5) of the Planning Act. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 112 Submission Nos.: 4. B 2005-021–B 2005-026 & B 2005-030 & B 2005-034 to B 2005-036 (Cont’d) a) That the owner shall obtain approval of a detailed Lot Grading Control Plan for the severed lands and the retained lands abutting Snowdrop Court to the satisfaction of the City’s Engineering Services, prior to the issuance of a Building Permit for the severed lots. Grading works may require the consent of the owner of the retained lands. b) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation of all new service connections for the severed lands and the retained lands abutting Snowdrop Court. c) That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, for the severed lands and the retained lands abutting Snowdrop Court. d) That the owner shall make arrangements to have the 0.3 m reserve (Block 24, 58M-300) lifted, prior to any building permits for Parcels 2A/B to 5A/B, inclusive. 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 June 14, 2007. Carried Submission No.: 5. B 2005-031 Applicant: Rockway Holdings Limited Property Location: 1520 Victoria Street North Legal Description: Part of Lot 123, Part 5, Reference Plan 58R-5651German Company Tract Appearances: In Support: Ms. K. Dietrich Contra: None Written Submissions: None The Committee was advised that the applicant requests consent to sever the subject property into two separate parcels of land. The severed parcel would have a lot width on Victoria Street North of 41.3 m (135.49 ft.), a depth of 88.1 m (289.04 ft.) and a lot area of 0.36 ha (0.88 ac.). The retained parcel would have a lot width on Victoria Street North of 46.3 m (151.9 ft.), a depth of 88.1 m (289.04 ft.) and a lot area of 0.4 ha (0.98 ac.). These properties are zoned M3 Service Industrial, and the use of these properties is still to be determined. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 113 Submission No.: 5. B 2005-031(Cont’d) The Committee considered the report of the Development & Technical Services Department, dated June 6, 2005, in which they advised that the subject lands are located on the north side of Victoria St N, between Lackner Blvd. and Forwell Rd. The rear lot line of the property abuts CNR railway lands. The property is in the Service Industrial Zone (M-3) under By-law 85-1 and is designated as Arterial Commercial Corridor in the City’s Municipal Plan. The land is currently vacant with no uses proposed at this time. The owner has submitted a consent application to sever a parcel of land from west side of the property. The lands proposed to be severed have 41.62 metres (136.5 feet) of frontage, a depth of 88.1 metres (289 feet), and an area of 0.36 hectares (0.89 acres). 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 dimensions and shapes of the severed and retained lots will comply with the regulations of the M-3 zone and will be appropriate and suitable for the development of the uses permitted in the zoning. The severed and retained parcels of land will front on an established public street and both parcels of land are can be serviced with independent and adequate service connections to municipal services. The creation of a new lot will provide additional serviceable land for new service industrial purposes. The resultant severed and retained lots will be compatible in size with lots in the surrounding area as there are a variety of lot sizes on Victoria Street North. The Application for Consent conforms to the policies of the Provincial Policy Statement 2005 as the severance will result in lands for additional employment, provide opportunities for a diversified economic base and will make use of existing infrastructure. Development of both the severed and retained lots will be subject to site plan approval at which time the details related to grading, building and parking location, access, landscaping, among other matters, will be reviewed through this process. The policies of the Arterial Commercial Corridor state that to reduce traffic impacts on abutting streets, vehicular access points shall be controlled to minimize disruption to traffic flow and new development may be required to share common driveways and provide for maneuverability between sites. In this respect staff recommends that a condition be imposed that would require the owner of both the severed and retained parcels to enter into an agreement to provide for shared access and parking between both the severed and retained lands. That Consent Application B2005-031 be approved subject to the following conditions: 1. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands and retained lands. 3. That the owner(s) of the severed and retained lands enter into an agreement, to be approved by the City Solicitor, which will ensure that any required rights-of-way for access and parking and a joint maintenance agreement for both properties are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. The Committee considered the comments of the Region of Waterloo, Planning Housing & Community Services, dated June 9, 2005, in which they advise that the purpose of this application is to sever a 0.36 ha (0.88 ac) parcel of land with 41.3 m (135.49 ft) of frontage on Victoria Street North. The retained lands would become 0.40 ha (0.98 ac) in area with 46.3 m (151.9 ft) of frontage on Victoria Street North. Both the severed and retained lands are zoned M3 - Service Industrial within the City of Kitchener Zoning By-law, the use of these properties is still to COMMITTEE OF ADJUSTMENT JUNE 14, 2005 114 Submission No.: 5. B 2005-031(Cont’d) be determined. The applicant is requesting consent in order to sever the property into two separate lots. The subject property falls within Drainage and Historic Road Buffers. As a result the subject property is considered to have potential for the recovery of archaeological remains. In accordance with Policy 6.2.10 of the Regional Official Policies Plan, the completion of a detailed archaeological assessment to the satisfaction of the Ministry of Culture is required prior to the final approval of this application. Once completed two (2) copies of the archaeological assessment should be forwarded to the Regional Planning, Housing and Community Services Department for information. At this location, Victoria Street has an existing road allowance width of 130 feet and a designated road allowance width of 150 feet. Therefore a 10 foot road widening is required from both the severed and retained parcels. Region of Waterloo staff will only support a single mutual access to Victoria Street for these two properties. Mutual rights-of-way must be granted at the access for both properties. A Regional Road Access Permit will be required. It may be necessary for the developer to undertake a transportation impact study at the site plan stage for these properties to determine the impact of the development on Victoria Street. The developer may be responsible for costs associated with road improvements at the access. A lot grading plan and stormwater management report will be required at the site plan stage. In summary, the Region has no objections to this application subject to the following: 1. 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. Two (2) copies 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; 2. That prior to final consent approval, the owner convey at their expense, a 10 foot road widening to the Regional Municipality of Waterloo. A registered deed for the road widening and a mylar copy of the registered reference plan must be submitted to the Region prior to final approval at no cost to the Region; 3. That prior to final consent approval the owner obtain Regional Road Access Permits for the mutual access to Victoria Street North. Right-of-ways must be granted at the mutual access for both properties. A discussion took place with respect to necessary easements and access not included in the application but identified in the City’s and Region’s reports. It was generally agreed these easements and rights-of-way should be determined through the site plan approval process. Ms. Dietrich advised the applicant agrees with the conditions requested by the City and the Region, and requested the application be amended to include easements and rights-of-way, the location of which is to be determined through the site plan approval process. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Rockway Holdings Limited requesting permission to convey a parcel of land having a width on Victoria Street of 41.3 m (135.49 ft.), a depth of 88.1 m (289.04 ft.), and an area of 0.36 ha (0.88 ac), subject to and together with easements and rights-of-way for access and parking, on Parts of Lot 123, German Company Tract, 1520 Victoria Street, North, Kitchener, BE GRANTED Ontario, , subject to the following conditions: COMMITTEE OF ADJUSTMENT JUNE 14, 2005 115 Submission No.: 5. B 2005-031(Cont’d) 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 installation of all new service connections to the severed and retained lands. 3. That the owner shall, through the site plan approval process, in co-operation with City & Regional staff, establish the locations for mutual rights-of-way for access to the severed and retained land from Victoria Street, also rights-of-way/easements for parking, mutually beneficial between the severed and retained land; this site plan to be approved by the City’s Planning Division. 4. That the owner(s) of the severed and retained lands shall enter into an agreement, to be approved by the City Solicitor and registered on title, which will ensure that any required rights-of-way for access and parking, and a joint maintenance agreement for both parties are maintained in perpetuity. 5. That the owner shall, prior to any grading or construction, retain the services of a consultant Archaeologist to 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. Two copies of the completed assessment and Ministry, acknowledgement shall be forwarded to the Regional Commissioner of Planning, Housing and Community Services. 6. That the owner shall convey to the Region of Waterloo, without cost and free of encumbrance, a 10 ft. road widening across the frontage of the severed and retained lands. A registered deed for the road widening, and a mylar copy of the registered reference plan must be submitted to the Region at no cost. 7. That the owner must obtain Regional Road Access Permits for the mutual access to Victoria Street North, with mutual access being granted for the severed and retained lands. 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 June 14, 2007. Carried COMMITTEE OF ADJUSTMENT JUNE 14, 2005 116 Submission No.: 6. B 2005-032, A 2005-035 & A 2005-036 Applicant: Dodge Drive Limited & Hallman Construction Limited Property Location: Dodge Drive & Groh Drive Legal Description: Parts of Lots 2, Beasley’s New Survey Mr. P. Britton declared a pecuniary interest in these applications as his planning firm acts for the applicants, and did not participate in any discussion or voting with respect to these applications. These applications were considered by the remaining 2 members, and Mr. Janecki chaired the meeting during consideration of these applications. Appearances: In Support: Mr. A. Allendorf Contra: None Written Submissions: None The Committee was advised the applicant requests permission to convey a parcel of land as a lot addition to property immediately to the west on Groh Drive. The severed parcel would have a lot width on Dodge Drive of 163.5 m (536.41 ft.), a depth of 186.3 m (611.22 ft.) at the longest point and an area of 1.048 ha (2.58 ac.). The severed parcel is proposed to be used for a future storm water management area at such time as the adjacent lands are developed with a plan of subdivision. The retained parcel would have a width on Dodge Drive of 226 m (741.46 ft.), a depth of 450 m (1,276.37 ft.) and a lot area of 13.47 ha (33.27 ac.). Minor variances are also requested to permit the retained lands to have a lot width on Dodge Drive of 226 m (741.46 ft.) rather than the required 300 m (984.25 ft.) and a lot area of 13.47 ha (33.27 ac.) rather than the required 40 ha (98.8 ac.). The lands to which the lot addition would be conveyed require permission to have a lot area of 27.5 ha (67.92 ac.) rather than the required 40 ha (98.8 ac.). The Committee considered the report of the Development & Technical Services Department dated June 7, 2005, in which they advised they have no objections to these applications. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated June 9, 2005 advising they have no objections to Submission No. B 2005-032. The Committee considered the comments of the Grand River Conservation Authority, dated June 7, 2005, advising the subject lands drain into Blair Creek and contain a wetland; consequently, the property is regulated by the Grand River Conservation Authority. The northern limit of the severed parcel is coincident with the south-western wetland boundary. In this case, they have confirmed the wetland boundary, and are willing to defer the requirement for an environmental impact study until future development applications on the severed and retained parcels are submitted. They advise they have no objections to these applications. Ms. Malone-Wright advised the severed land will be used for storm water management. Currently, both owners are working with the City, Region and Grand River Conservation Authority to finalize the required background studies prior to submitting a plan of subdivision on the Hallman property. Submission No. B 2005-032 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Dodge Drive Limited requesting permission to convey a parcel of land, as a lot addition having a width on Dodge Drive of 163.5 m (536.41 ft.), a depth of 186.3 m (611.22 ft.) at the longest point, and an area of 1.048 ha (2.58 ac), on Part Lot 2, Beasley’s New Survey, BE GRANTED Dodge Drive, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2005-035. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 117 Submission No.: 6. B 2005-032, A 2005-035 & A 2005-036 (Cont’d) 2. That Submission No. A 2005-036 shall receive final approval. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding property taxes and/or local improvement changes. 4. That the land to be severed in this application shall be added to the abutting land immediately to the west on Groh Drive, and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with subsection 50 (30) and/or (5) of the Planning Act. 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 June 14, 2007. Carried Submission No. A 2005-035 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Dodge Drive Limited requesting permission for a lot (after severance) having a width of 226 m (741.46 ft.) rather than the required 300 m (984.25 ft.), and an area of 13.47 ha (33.27 ac) rather than the required 40 ha (98.8 ac), on Part Lot 2, Beasley’s New BE APPROVED. Survey, Dodge Drive, Kitchener, Ontario, 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. A 2005-036 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Hallman Construction Limited requesting permission for a lot having an area of 27.5 ha (67.92 ac) rather than the required 40 ha (98.8 ac), on Part Lot 2, Beasley’s New BE APPROVED. Survey, Groh Drive, Kitchener, Ontario, COMMITTEE OF ADJUSTMENT JUNE 14, 2005 118 Submission No.: 6. B 2005-032, A 2005-035 & A 2005-036 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: 7. B 2005-033 & A 2005-037 Applicant: Diane Schlegel Property Location: 241 Waterloo Street Legal Description: Part Lot 3, Registered Plan 63 Appearances: In Support: Mr. S. Kay Ms. D. Schlegel Contra: None Written Submissions: Ms. L. DeForge Mr. M. Chajey Ms. P. Cober The Committee was advised the applicant requests permission to sever the rear of the subject property to create a new building lot on Peltz Avenue. The severed parcel would have a lot width on Peltz Avenue of approximately 24 m (78.74 ft.), a depth of 15 m (49.21 ft.) and a lot area of 2 approximately 367 m(3,950.48 sq. ft.). The retained parcel would have a lot width on Waterloo Street of 15 m (49.21 ft.), a depth of approximately 24 m (78.74 ft.) and a lot area of 2 approximately 367 m(3,950.48 sq. ft.). The applicant also requests permission to construct a dwelling on the lot to be created with a rear yard of 1.2 m (3.94 ft.) rather than the required 7.5 m (24.6 ft.). [It should be noted that one of the side yards for the new dwelling will be 8.6 m (28.83 ft.) wide.] The Committee considered the report of the Development & Technical Services Department dated June 8, 2005, in which they advised that the subject property is located on the northwest corner of the intersection of Waterloo Street and Peltz Avenue in the City of Kitchener. It is a rectangular-shaped corner lot, legally described as Lot 3, Plan 63, with 15.24m frontage onto Waterloo Street and 52.73 m of frontage onto Peltz Avenue. The property is currently 734 square m in area. It is zoned Residential (R-5) and is designated as ‘Low Rise Residential’ in the City’s Official Plan. A 77.57 square m single family dwelling currently occupies the front portion of the property. The applicant is requesting consent to sever a new lot from the rear portion of the property and a minor variance in order to construct a new single family dwelling on the severed parcel. The applicant is requesting a minor variance for a reduction in the rear yard setback for a proposed dwelling on the severed parcel of land from 7.5 m (Zoning By-law, 85-1) to 1.2 m. In Considering the four tests for minor variance as outlined in Section 45(1) of the Planning Act, R.S.O. 1990 Chap. P. 13, as amended, staff offers the following comments in relation the requested variance. Due to the unique wide-shallow configuration of the proposed severed parcel, rear yard amenity space can only be located in the interior or exterior side yard. In this respect the severed parcel of land proposes to provide a rear yard amenity area in an alternate location on the lot and treat the rear yard as an interior side yard. As the zoning by-law does not provide requirements specifically COMMITTEE OF ADJUSTMENT JUNE 14, 2005 119 Submission No.: 7. B 2005-033 & A 2005-037 (Cont’d) to recognize the uniqueness of wide shallow lots a minor variance to the rear yard setback is required for the severed parcel. This variance will allow the applicant to treat the required rear yard as an interior side yard. The applicant is proposing to provide rear yard amenity space in the interior side yard adjacent to the retained parcel. Planning staff feel that the provision of rear yard amenity space should be provided in the exterior side yard due to the proposed location and possible future widening of the driveway. This will require a revised site/concept plan to be submitted to show the house and driveway being shifted towards the new property line between the severed and retained lands. Accordingly, planning staff would have no objections to a proposed variance provided the amenity area was provided and maintained in the exterior side yard. As a 7.5 m amenity area can be provided on the severed parcel of land and the required rear yard will function as an interior side yard similar in size to those of other properties in the neighbourhood, the effects of the variance would be minor. The parking space as shown on the submitted site plan also does not meet zoning requirements. The legal parking space can not be located within 6 m of the property line. It is suggested that the driveway be lengthen to provide a legal parking space as well as a tandem parking space. Planning staff recommend that the revised site/concept plan that is being requested to show the revised location of the amenity area also include the location of the proposed off-street parking in accordance with zoning requirements. Due to the unique configuration of the severed parcel the application for a minor variance is considered desirable for the appropriate development of the lands. As the effects will be minor, and all other zoning regulations can be met the intent of the zoning by-law and municipal plan would be maintained. 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 offers the following comments. Planning staff reviewed the sizes and shapes of lots in the immediate area and note that the following four properties are similar in size and shape to the proposed severed and retained parcels. Lot Size (square Lot Address metres) Location 127 Dekay St 321.79 Corner 125 Dekay St 294.70 Non Corner 123 Dekay St 337.35 Non Corner 121 Dekay St 351.90 Non Corner Planning staff are of the opinion that the dimensions and shapes of the proposed severed and retained parcels are appropriate and suitable for the existing and proposed use of the lands and are compatible with the size and shapes of the lots in the neighbourhood containing single detached dwellings. The lot located on the south west corner of Dekay Street and Peltz Avenue, 127 Dekay Street is much smaller than both the proposed severed and retained parcels and functions well with a single family dwelling. The proposed uses of both the severed and retained parcels are in conformity with the City’s Municipal Plan, the lands front on an established public street, and both parcels of land will have access to adequate service connections to municipal services. Planning staff note that there is an existing deck located at the rear of 241 Waterloo Street which has not been shown on the submitted site plan. The revised site/concept plan that has been requested should also indicate the location and height of the existing deck to ensure that the retained parcel of land will continue to meeting zoning requirements. The subject application to create a new lot on Peltz Avenue maintains the intent of the Municipal Plan, which recognizes the creation of additional housing through infill redevelopment. As the proposed lot size will be in conformity with the “R-5” zone and will be compatible with the existing uses and pattern of development in the surrounding area, it would be appropriate to recommend COMMITTEE OF ADJUSTMENT JUNE 14, 2005 120 Submission No.: 7. B 2005-033 & A 2005-037(Cont’d) approval of Consent application B2005-033. 1) That minor variance application A2005-037 be approved, subject to the following condition: i) A revised site/concept plan is submitted and approved by the Manager of Design and Development showing a minimum exterior side yard setback of 7.5 m to provide an adequate amenity space, the proposed location of a legal parking space located 6 m from the property line, and the location, size and height of the existing deck at the rear of 241 Waterloo Street. 2) That consent application B2005-033 beapproved, subject to the following conditions; i) That minor variance application A2005-037 receive final approval. ii) 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. iii) A revised site/concept plan is submitted and approved by the Manager of Design and Development showing a minimum exterior side yard setback of 7.5 metres to provide an adequate amenity space, the proposed location of a legal parking space located 6 m from the property line, and the location, size and height of the existing deck at the rear of 241 Waterloo Street. iv) That the existing detached garage on the lands to be severed be removed to the satisfaction of the City’s Manager of Design and Development. v) 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. vi) That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. vii) 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 June 9, 2005 advising they have no objections to these applications. Mr. Kay addressed the Committee advising he is in agreement with the Development and Technical Services Department report. In support of these applications he provided written submissions from some of the neighbours. Photographs of the subject property were also submitted. With respect to the existing deck, Mr. Kay advised it is 18” above grade and is uncovered. He advised a site plan application for this property is being processed, and the owners have agreed with the staff request to move the proposed house closer to the existing building. In so doing, the owners will provide a 7.5 m setback from Dekay Street, and an interior side yard of 3 m. Mr. Kay requested that all the City conditions be included in an agreement, to be fulfilled prior to the issuance of a building permit, except for the payment of taxes. Ms. Malone-Wright advised staff want to be confident that the person purchasing the severed land is aware of the agreement. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 121 Submission No.: 7. B 2005-033 & A 2005-037(Cont’d) Submission No. B 2005-033 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Diane Schlegel requesting permission to convey a parcel of land having a width on Peltz Avenue of approximately 24 m (78.74 ft.), a depth of 15 m (49.21 ft.), and an area 2 of approximately 367 m (3.950.48 sq. ft.), on Part Lot 3, Registered Plan 63, 241 Waterloo BE GRANTED Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2005-037. 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. 3. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed land, which shall contain the following: That the owner agrees to: a) submit a revised site/concept plan, to be approved by the Manager of Design and Development, showing a minimum exterior side yard setback of 7.5 m to provide an adequate amenity space, the proposed location of a legal parking space located 6 m from the property line, and the location, size, and height of the existing deck at the rear of 241 Waterloo Street, prior to the issuance of a building permit; and, b) remove the existing detached garage from the severed land, to the satisfaction of the Manager of Design and Development, prior to the issuance of a building permit for new construction; and, c) make financial arrangements satisfactory to the City’s Engineering Services, for the installation of all new service connections to the severed land, prior to the issuance of building permit; and, d) make financial arrangements satisfactory to the City’s Engineering Services, for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed land, prior to the issuance of a building permit. 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 June 14, 2007. Carried COMMITTEE OF ADJUSTMENT JUNE 14, 2005 122 Submission No.: 7. B 2005-033 & A 2005-037(Cont’d) Submission No. A 2005-037 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Diane Schlegel requesting permission to construct a dwelling on the land to be severed through Submission No. B 2005-033, to have a rear yard of 1.2 m (3.94 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lot 3, Registered Plan 63, 241 Waterloo Street, BE APPROVED Kitchener, Ontario, . 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 VALIDATION OF TITLE Submission No.: 1. VT 2005-001 Applicant: David Lloyd Stiller & Linda Joceyln Stiller Property Location: 81 Morgan Ave. Legal Description: Part Lot 19 and 20, Registered Plan 959 The Committee was advised the applicant requests Validation of Title for the transfer of property know as Part Lots 19 & 20, Plan 959, in the City of Kitchener. Lloyd Stiller and Joyce Stiller transferred this land to David Lloyd Stiller and Linda Joceyln Stiller, while they were still owners of Part Lot 18, Plan 959. The municipal address of Part Lots 19 & 20, Plan 959 is 81 Morgan Avenue. The Committee considered the report of the Development & Technical Service Department dated June 7, 2005, in which they advised that the applicant is requesting Validation of Title with respect to Parts of Lots 18 and 19, Registered Plan 959, municipally known as 81 Morgan Avenue. No certificate may be issued under Section 57 of the Planning Act unless the certificate conforms to the official plan and zoning by-law. The use of the subject lands for a single detached dwelling conforms to the Low Rise Residential designation of the City’s Municipal Plan and the Residential Four Zone of the City’s Zoning By-law. With respect to compliance with all regulations in the “R-4” zone, as an up to date survey was not available for use, staff were unable to determine compliance relative to building location on the subject lands. Staff notes that there have been previous Committee of Adjustment approvals and building permits issued for additions to the subject property which do not appear to be reflected on the survey in the file dated August 21, 1972. Until an up to date survey is completed of the subject property, planning staff are not in position to confirm compliance with the zoning by-law and compliance with Ontario Regulation 144/95, as amended by Ontario Regulation 435/96. It is recommended that the application for Validation of Title be approved subject to the condition that an up to date survey is prepared to determine and confirm zoning compliance. COMMITTEE OF ADJUSTMENT JUNE 14, 2005 123 Submission No.: 1. VT 2005-001 (Cont’d) That Validation of Title Application VT 2005-001 be approved subject to the following conditions: 1. That an up to date building location survey, prepared by an Ontario Land Surveyor, be submitted to Planning staff to determine and confirm zoning by-law compliance in accordance with Ontario Regulation 144/95, as amended by Ontario Regulation 435/96. 2. 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 and Community Services, dated June 9, 2005, in which they advise they have no objection to this applications. Mr. Travers addressed the Committee advising he would prefer not to update the survey. This situation has existed for many years. Further, if these lots were whole lots, there would not be a problem; however, because they are part lots, they merged on title even though they were developed separately. Ms. Malone-Wright advised the Committee there were building permits issued for this property, in the 1970’s after the 1972 survey was prepared, and there is no way, without a new survey, to determine if they were built in accordance with zoning requirements. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of David and Linda Stiller requesting validation of title for Part Lots 19 & 20, BE APPROVED Plan 959, 81 Morgan Avenue, Kitchener, Ontario, , subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall submitted, to the City’s Planning Division, a current building location survey of the subject property, to determine and confirm zoning compliance in accordance with Ontario Regulation 144/95, as amended by Ontario Regulation 435/96. It is the opinion of this Committee that this application conforms with any official plan in effect in the Municipality, and with satisfaction of Condition #2 above, will conform with the zoning by-law of the municipality. Carried ADJOURNMENT On motion, the meeting adjourned at 12:30 p.m. Dated at the City of Kitchener this 14th day of June, 2005. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment