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HomeMy WebLinkAboutAdjustment - 2005-07-12 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 12 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Ms. 1. Malone-Wright, Senior Planner and Ms. D. Gilchrist, Secretary- Treasurer. Mr. D. Cybalski, Chair, called this meeting to order at 9:45 a.m. MINUTES Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment, of June 14, 2005, be amended as follows: Page 95 - the motion to approve Submission No. A 2005-034 was seconded by Mr. Z. Janecki; and, Page 122 - to show that Mr. D. Travers appeared in support of Submission No. VT 2005-001. Carried Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment, of June 14,2005, as mailed to the members, and amended this date, be adopted. Carried UNFINISHED BUSINESS 1. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-031 Kerry-Lynn Fenlon & Brodie Gordon 126 Church Street Lot 16 Reaistered Plan 367 Appearances: In Support: Mr. & Mrs. B. Gordon Contra: Mr. A. Morscher 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 was in receipt, this date, of a revised plan of the subject property, noting the actual size of the front porch, the length of the front yard, the locations of plantings in the front yard, the location for the proposed driveway/parking space, and the distance between the front lot line and the City sidewalk. The plan also shows the portion of the subject property used by the neighbouring property, in order to exit their vehicles while parked in their own driveway on the abutting lot. COMMITTEE OF ADJUSTMENT 125 JULY 12, 2005 1. Submission No.: A 2005-031 (Cont'd) Mr. Gordon advised there are bushes on either side of the stairs to the front porch. Also, the water shut-off valve is in the front yard, and is surrounded by concrete. He stated he would like to put a garden around the shut-off valve so it remains accessible. Further, they propose to reduce the width of the driveway/parking space to 10ft. from the previously requested 12.5 ft., to address Mr. Morscher's concerns that it may be used as a double driveway. Mr. & Mrs. Gordon requested permission to amend their application to allow a parking space to be located 0 m from the front lot line, which is to be 4.62 m (15.17 ft.) long. Mr. Morscher addressed the Committee commending the work done by Mr. & Mrs. Gordon in renovating this property. He advised he still has some concerns about the proposal, as the parking space will be shorter than a standard parking space, and he is concerned the vehicle will overhang the sidewalk. He recommended the City initiate a permitting system in the older areas of the City to allow on-street parking for properties that do not have sufficient room on-site for parking. He also advised that he was unaware his tenants were using the front yard of this property when existing their vehicles and would speak to them in this regard. Ms. 1. Malone-Wright advised the required length for a parking stall is 18 ft., and the property owners will have to apply to the City's Engineering Division for permission to cut the curb to install the new driveway. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Karen-Lynn Fenlon and Brodie Gordon requesting permission to install a driveway/parking space in the front yard, to have a length of 4.62 m (15.17 ft.) rather than the required 5.48 m (18 ft.), with the parking space to be located 0 m from the front lot line rather than the required 6 m (19.68 ft.) on Part Lot 16, Registered Plan 367,126 Church Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall be for the driveway/parking space as shown on the plan submitted to the Committee of Adjustment on July 12, 2005. 2. That prior to installing the proposed driveway/parking space, the owners shall submit a site plan sketch identifying the type of surface treatment to be used for the parking space, and the landscaping treatment to be used for the remainder of the front yard. 3. That the owners shall apply to the City's Engineering Division for permission to cut the curb to install the new driveway/parking space. 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 MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-038 Phommaviharam Budhist Temple K-W 12 Hoffman Street Pt Lot 10 Reaistered Plan 870 COMMITTEE OF ADJUSTMENT 126 JULY 12, 2005 1. Submission No.: A 2005-038 (Cont'd) Appearances: In Support: Mr. R. Berschl Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to extend and enlarge a legal non-conforming use to allow the construction of an 83 m2 (893.43 sq. ft.) addition at the rear of the existing religious institution. The Committee considered the report of the Development & Technical Services Department, dated July 6, 2005, in which staff advise that the subject property is located within a General Industrial area, and is zoned General Industrial Zone (M-2). Recently the City, through a housekeeping by-law, prohibited religious institutions in Industrial zones, thus rendering the existing Temple as legal non-conforming. The applicant wishes to add 83 m2 of new floor area to the existing 337 m2 building. The current approved site plan for the subject property shows the location of 8 parking spaces at the front of the building and a paved area at the rear of the building. The religious institutional use with 8 parking spaces is considered legal non-conforming. If the parking requirements for a religious institution were to be applied to the building on the subject property, 8 parking spaces would be required based on the floor area within the building used as a place of worship. The applicant has provided a preliminary site plan to show the location of 15 parking spaces at the rear of the building, not including the previously approved 8 parking spaces at the front of the building. Planning staff are satisfied that sufficient parking can be provided on site to accommodate the proposed 83 m2 of new floor area. The applicant will be required to submit a full site plan application to facilitate the addition should the application to expand a legal non-conforming use be approved. The general test for enlarging a legal non-conforming use is whether the proposed changes will substantially perpetuate the legal non-conforming use. In this case the Temple operates out of a converted industrial building. The proposed addition is relatively small in comparison to the existing building. The building could very easily be converted back to an industrial use. As such the enlargement of the building will not perpetuate the use as a Temple, and Planning staff recommend the application be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. Mr. Berschl stated the purpose of this addition is to add a classroom to the building. The addition will be relatively small, and will not impact the neighbours. Through further discussion it was determined there is sufficient on-site parking for the existing institutional use. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of the Phommaviharam Budhist Temple K-W requesting permission to expand an existing legal non-conforming religious institution by constructing an 83 m2 (893.43 sq. ft.) addition to the rear of the existing building, on Part Lot 10, Registered Plan 870, 12 Hoffman Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the expansion as approved in this application shall apply to the addition as shown on the plan submitted with this application. 2. That the owner shall receive site plan approval from the City of Kitchener, prior to constructing the proposed addition. COMMITTEE OF ADJUSTMENT 127 JULY 12, 2005 1. Submission No.: A 2005-038 (Cont'd) It is the opinion of this Committee that the use of this property as a Budhist Temple lawfully existed as of the date the by-law was passed to preclude such use as a permitted use, and the property has continued to be used in such manner since the day the by-law was passed. 2. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Written Submissions: Carried A 2005-039 1168221 Ontario Ltd. 205 Ardelt Avenue Part Lots 3 & 6 Plan 1023 Mr. J. Neeb None The Committee was advised that the applicant requests a reduction of the minimum rear yard setback requirement from 7.5 m (24.6 ft.) to 6 m (19.68 ft.) in order to be able to construct a new accessory building having an area of 153.85 m2 (1,656.08 sq. ft.) at the rear of the subject lands. None The Committee considered the report of the Development & Technical Services Department, dated July 5, 2005, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 1168221 Ontario Ltd. requesting permission to construct a 153.85 m2 (1,656.08 sq. ft.) accessory building in the rear yard, to have a rear yard setback of 6 m (19.68 ft.) rather than the required 7.5 m (24.6 ft.), on Part Lots 3 & 6, Plan 1023, 205 Ardelt Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 3. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Carried A 2005-040 James Walton 94 Randerson Avenue Pt Lot 46 Plan 651 Mr. J. Walton Ms. M. Walton None COMMITTEE OF ADJUSTMENT 128 JULY 12, 2005 3. Submission No.: A 2005-040 (Cont'd) Written Submissions: None The Committee was advised that the applicant requests a reduction of the minimum side yard setback requirement from 1.2 m (3.93 ft.) to 0 m to legalize the location of an existing one-storey addition, on the westerly side of the house, having a floor area of 13.3 m2 (143.16 ft.). The Committee considered the report of the Development & Technical Services Department, dated July 5, 2005, in which they advise that the intent and purpose of the side yard setback is to ensure adequate separation between buildings on properties and to allow for access and maintenance of those buildings. The R-3 zone requires all dwellings to be located a minimum distance of 1.2 m from the side property line. In the case of the subject property, with a reduction of the required side yard setback to 0 m, there is no access to the exterior of the addition and it is questionable as to whether there is any encroachment of the eaves or the addition itself onto the neighbouring property at 90 Randerson Avenue. While the addition may have been constructed with maintenance free materials and contains no window openings on the exterior wall, the reduction of the side yard requirement to 0 m would not meet the intent of the zoning by-law. A maintenance easement over the adjacent property at 90 Randerson Avenue would be a possible solution to the access issue for any future maintenance of the structure. In terms of impact on adjacent properties and the streetscape, the impact can be considered minimal as the small addition abuts a carport on the adjacent property, and is located toward the rear of the existing dwelling and is fully screened from view of the street. In the report, the Building Division advises they have concerns over the variance, as to whether the addition conforms to the Ontario Building Code. As an example, they cited that the left side wall requires a % hour fire resistance rating and non combustible cladding, the new exterior door swings over the risers of the stair and no landing is provided. The addition may have been created to avoid water entering the house, and staff sympathise with the occupants; however, this solution does not fit the problem. Staff questioned whether the eavestrough on the property encroaches onto the neighbouring lands and also cite that the addition was probable built without the benefit of the building permit. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. Mr. Walton provided a brief history to this situation, noting there has been a retaining wall with a fence above at this location. These measures had been taken to resolve a problem with flooding. The walls of the shed have been erected in the same location as the previous fence. A building contractor was hired to do this work, who advised a building permit was not required as the structure is a shed. Further, they approached the abutting neighbour about the application, who has signed a form to say they have no objection to the requested variance. The Chair advised Mr. Walton of the importance of a need for a building permit, and the necessity of a maintenance agreement on the neighbouring property if the addition is to remain in its current location. It was generally agreed that consideration of this application be deferred to the Committee of Adjustment meeting scheduled for Tuesday, August 16, 2005, and prior to the meeting the applicant should meet with the City's Building staff to resolve any Building Code issues, and with the abutting neighbour respecting a maintenance easement. 4. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-041 Michael Schneider 216 Black Maple Court Lot 11 Reaistered Plan 58M-326 Appearances: In Support: Mr. M. Schneider Contra: None COMMITTEE OF ADJUSTMENT 129 JULY 12, 2005 4. Submission No.: A 2005-041 (Cont'd) Written Submissions: Deer Ridge Estates The Committee was advised that the applicant requests a reduction of the minimum rear yard setback requirement from 7.5 m (24.6 ft.) to 4.8 m (15.74 ft.) in order to be able to construct a covered porch at the rear of a proposed single detached dwelling. The Committee considered the report of the Development & Technical Services Department, dated July 5, 2005, in which staff advise they have no objection to the application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. Mr. Schneider provided the Committee, this date, with a written submission from Deer Ridge Estates, dated July 11, 2005, in support of this application. Mr. Schneider advised this property backs on to parkland, so the rear covered porch will not infringe on any neighbours. The building is at the foundation stage, and although the foundation for the porch has been poured, no roof has been erected over the porch; the variance is being required only due to the roof over the porch. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Michael Schneider requesting permission to construct a covered porch at the rear of the proposed single family dwelling to have a rear yard setback of 4.8 m (15.74 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 11, Registered Plan 58M-326, 216 Black Maple Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 5. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-042 2014707 Ontario Inc. 635 Commonwealth Crescent Lot 28 Reoistered Plan 58M-344 Appearances: In Support: Ms. N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests a reduction of the minimum rear yard setback requirement from 18 m (59.05 ft.) to 7.5 m (24.6 ft.) to be able to construct a new single detached dwelling on the subject lot. The Committee considered the report of the Development & Technical Services Department, dated July 5, 2005, in which staff advised they have no objection to the application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 130 JULY 12, 2005 5. Submission No.: A 2005-042 (Cont'd) Ms. Horne explained that when the zoning by-law requiring the 18 m setback was adopted, this property was part of a lotless block in a registered plan, and this lotless block backed onto Bleams Road. The block of land has since been further subdivided, and there is another lot between the subject property and Bleams Road, giving a separation between the rear lot line of the subject property and Bleams Road of more than 18 m. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of 2014707 Ontario Inc. requesting permission to construct a single family dwelling with a rear yard setback of 7.5 m (24.6 ft.) rather than the required 18 m (59.05 ft.), on Lot 28, Registered Plan 58M-344, 635 Commonwealth Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 6. Submission No.: A 2005-043 Applicant: Nick Perrella Property Location: 74 Hearth Crescent Lecal Descriotion: Lot 31 Plan 917 Appearances: In Support: Mr. N. Perrella Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a new driveway 0 m from the intersection of the street lines abutting a lot rather than the required 9 m (29.52 ft.). The Committee considered the report of the Development & Technical Services Department, dated July 5, 2005, advising they have no concerns with this application, subject to the applicant maintaining a 4.57 m driveway visibility triangle. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated July 3, 2005, advising they have no concerns with this application. Mr. Perrella advised the Committee that there is an existing driveway on the property, and they would like to install a second driveway on the other side of the house for convenience of access, because of the grade differential on this lot. He stated that if he must maintain a 9 m separation from the intersection for the driveway, there would need to be a substantial bend in the driveway. Further, there is a large tree at the front of the property, a hydro pole with a guide wire, and a fire hydrant, all of which can be avoided with a 0 m setback from the intersection. Mr. Perrella advised the existing driveway and garage will remain on the property. COMMITTEE OF ADJUSTMENT 131 JULY 12, 2005 6. Submission No.: A 2005-043 (Cont'd) Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Nick Perrella requesting permission to construct a second driveway on this corner lot with a setback from the intersection of 0 m rather than the required 9 m (29.52 ft.), on Lot 31, Registered Plan 917, 74 Hearth Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the driveway generally as shown on the plan submitted with this application, provided that the owner shall maintain a 4.57 m (15 ft.) driveway visibility triangle. 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 CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2005-037 Zevest Development Corp. 607 King Street West Lot 67, Pt Lots 22 to 25, Pt Lots 68,69 & 489, Sts & Lns, Lot 109, Pt Lot 112 Plan 377 Mr. Z. Janecki declared a pecuniary interest in this application as he is employed by the applicant's planning consultant firm, and he did not participate in any discussion or voting with respect to this application. Appearances: In Support: Mr. 1. Hardacre 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 Wellington Street South of 20.1 m (65.94 ft.), a depth of approximately 163.4 m (536.08 ft.) and a lot area of 5,459 m2 (58,762.1 sq. ft.) and would contain an existing restaurant. The retained parcel would have a lot width on King Street West of 115.6 m (379.26 ft.), a depth of approximately 170.3 m (558.72 ft.) and a lot area of 7,799 m2 (83,950.48 sq. ft.), and would contain an existing commercial plaza and restaurant. The applicant also requests consent for a shared right-of-way over the existing parking areas and access areas to allow both the severed and retained lands reciprocal access over each others properties. The Committee considered the report of the Development & Technical Services Department, dated July 7, 2005, in which they advise that the subject property is located on the south side of King Street West between Wellington Street South and Victoria Street South. It is currently developed with a commercial retail plaza and two restaurant uses. The property is zoned Arterial Commercial Zone (C-6) with special regulation 302 and is designated as mixed use corridor in the Municipal Plan. The applicant proposes to sever a portion of the property to create a new lot that will contain one of the existing restaurants. The lands proposed to be severed would have a lot COMMITTEE OF ADJUSTMENT 132 JULY 12, 2005 1. Submission No.: B 2005-037 (Cont'd) width of 20.1 m and and area of 5,459 m2. The retained lands will have a lot width of 115.6 m and an area of 7,799 m2 which will contain an existing restaurant and commercial plaza. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, the 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 are compatible in size with the lots in the surrounding area. Both parcels meet the zoning requirements and the size of the proposed parcels is suitable for the existing development. The plans submitted with this application show a westerly severance line on the retained parcel which splits existing parking stalls. A revised site plan will be required for both parcels to ensure adequate parking and parking aisle widths are provided. It is also noted that the submitted plan no longer shows the proposed 4 bay self serve car wash which was approved in May 2003. If the applicant is no longer proceeding with this development, the approval for site plan application SPR 03/04/K/CB should be withdrawn, otherwise the development should be shown on the revised site plan. There is also a concern that further easements and/or rights-of-way may be required to address current servicing of the severed and retained parcels. Planning has not yet received comments from Engineering but conditions relating to this issue have been included in the recommendation which should be confirmed by the Engineering Division. Development and Technical Services Department staff recommend approval of this application, subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated July 6, 2005, in which they advise that the subject lands have been identified as a "known" contaminated site within the Region's contaminated sites database. Regional staff do not know if the contamination identified on the subject lands would pose a health or safety risk to the proposed or future use of the property. As the subject lands are not located within a Regional Well Field, the Regional Municipality of Waterloo does not have a direct corporate interest which would result in the Region requesting a Record of Site Condition imposed on its behalf. If the Committee decides to impose a Record of Site Condition or other similar requirements, it should be imposed as the condition of the Committee, with the Committee, not the Region, responsible for its release. Regional staff have no objections to this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated June 30, 2005, requesting that if this application is approved, the owner be required to make arrangements with them for provision of electrical servicing, including granting any easements they may require. Mr. Hardacre explained the application, noting the property is to be divided into two separate holdings with reciprocal easements for access and parking. He advised he has reviewed all comments from staff and agrees with them, noting the Region has not requested a Record of Site Condition and stating he does not believe one should be imposed by this Committee. When questioned concerning identifying those parts of the property which will be subject to the easements, Mr. Hardacre advised they intend to apply the easement for access and parking to all the lands to be severed and all the lands to be retained which are not covered with buildings. The Committee generally agreed the easement lands should be shown as separate parts on the reference plan, if required to register the easements. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Zevest Development Corp. requesting permission to convey a parcel of land having a width on Wellington Street South of 20.1 m (65.94 ft.), a depth of approximately 163.4 m (536.08 ft.), and an area of 5,459 m2 (58,762.1 sq. ft.); subject to easements in favour of the retained land for access and parking, and for servicing and stormwater management as may be required, and any easements required by Kitchener-Wilmot Hydro Inc., for electrical servicing; and, reserving an easement over the retained land for access and parking, and for servicing and stormwater management as may be required, and any easements required by Kitchener-Wilmot Hydro Inc., for electrical servicing, on Lot 67, Part Lots 22 to 25,68,69 & 489, Registered Plan COMMITTEE OF ADJUSTMENT 133 JULY 12, 2005 1. Submission No.: B 2005-037 (Cont'd) 377, and Lot 109, Pt Lot 112, Streets & Lanes, 607 King Street West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. 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/or retained lands. 2. That the owners of the severed and retained lands shall enter into a joint maintenance agreement to be approved by the City Solicitor, which will ensure that rights-of-way for access and parking, and easements for servicing and stormwater management, as required through the site plan process in Condition No.3, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of both properties. 3. That the owner shall submit revised site plans for both the severed and retained lands for approval by the City's Supervisor of Site Plan Development to show that each parcel can provide adequate parking and parking aisle widths, servicing and stormwater management. 4. That the owner shall prepare a reference plan to describe the land to be severed, the land to be retained, and the land subject to the easements for the purpose of registration of the transfer of the severed land and pertinent easements. 5. 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. 6. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc., for the provision of electrical servicing to the retained land, including granting any easements they may require. 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 July 12, 2007. Carried ADJOURNMENT On motion, the meeting adjourned at 11 :15 a.m. Dated at the City of Kitchener this 12th day of July, 2005. Dianne H. Gilchrist Secretary- Treasurer Committee of Adjustment