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HomeMy WebLinkAboutAdjustment - 2005-08-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 16 2005 MEMBERS PRESENT: Messrs. D. Cybalski, Z. Janecki and B. Isaac. OFFICIALS PRESENT: Ms. D. Ross, Senior Planner, Ms. R. Brent, Assistant Secretary-Treasurer 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 Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment, of July 12, 2005, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2005-040 Applicant: James Walton Property Location: 94 Randerson Avenue Leaal Descriotion: Part Lot 46 Plan 651 Appearances: In Support: Mr. J. Walton Ms. M. Walton Contra: None 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. COMMITTEE OF ADJUSTMENT 135 AUGUST 16, 2005 1. Submission No.: A 2005-040 (Cont'd) 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 sympathises 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. It was noted that consideration of this application was deferred at this Committee's meeting of July 12, 2005, to allow the applicant an opportunity to meet with Building Division staff to resolve Building Code issues, and to meet with his neighbour concerning a maintenance easement. Mr. Walton provided the Committee with a letter from Patrick Meagher, Plan Examiner, dated July 28, 2005, outlining some of the measures to be taken in order for the addition to comply with the Ontario Building Code. Mr. Walton also advised the Committee he has spoken with the neighbour, who is agreeable to a maintenance easement. It was noted by the Committee that the neighbour will have to receive approval of an Application for Consent for the maintenance easement, and possible the encroachment of the eaves of the addition, which encroach over the neighbouring property. Moved by Mr. Z. Janecki Second by Mr. B. Isaac That the application of James Walton requesting legalization of a one-storey addition having a left sideyard of 0 m rather than the required 1.2 m (3.93 ft.), on Part Lot 46, Registered Plan 651, 94 Randerson Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall comply with the requirements set out in the letter from Patrick Meagher, Plans Examiner, City of Kitchener, Building Division, dated July 28, 2005. 2. That the owner shall obtain an easement over the neighbouring property at 90 Randerson Avenue for the encroachment of the eaves on the addition and for maintenance of the side of the addition. 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 This meeting recessed at 10:05 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Sign By-law, and reconvened at 10:30 a.m. with Messrs. D. Cybalski, B. Isaac, and Z. Janecki in attendance. COMMITTEE OF ADJUSTMENT 136 AUGUST 16, 2005 NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-044 Michele Muller & Jeff Weiss 149 Kinzie Avenue Lot 12 Reoistered Plan 1192 Appearances: In Support: Ms. M. Muller Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to replace the existing carport with a side yard setback of 0.5 m (1.64 ft.) rather than the required 1.2 m (3.93 ft.). The Committee noted the comments of the Development and Technical Services Department, dated August 9, 2005, recommending approval of this application, providing there is no attachments to enclose the carport, and that any eavestrough and drainage are located entirely on the applicant's property. The Committee noted the comments of the Region of Waterloo Transportation Planner, dated August 2,2005, advising they have no concerns with this application. Ms. Muller advised they wish to replace the existing carport, which is in a poor state of repair. Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Michele Muller & Jeff Weiss requesting permission to replace the existing carport with a new carport to have a southwesterly side yard of 0.5 m (1.64 ft.) rather than the required 1.2 m (3.93 ft.), on Part Lot 12, Registered Plan 1192, 149 Kinzie Avenue, Kitchener, Ontario, BE APPROVED subject to conditions: 1. That there shall be no fence or other attachment to the carport. 2. That all drainage from the carport shall be directed to the applicants' own property. 3. That the owners shall apply for and receive approval of a building permit prior to constructing the new carport. 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 Submission No.: Applicant: Property Location: Legal Description: 137 AUGUST 16, 2005 A 2005-045 Heide Anderson 19 Caprice Court Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581 As no one appeared in support of this application the Committee agreed to defer its consideration of this application to its meeting scheduled for Tuesday September 13, 2005. 3. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Written Submissions: A 2005-046 Sherry N. Hunt-Attwool 130 Edgehill Drive Lot 14 Part 698 Mr. A. Attwool Ms. S. Walls The Committee was advised that the applicant requests permission for a rear yard setback of 4 m (13.12 ft.) rather than the required 7.5 m (24.6 ft.) in order to construct an addition to the existing house. Mr. V. Martin Mr. & Mrs. B. Walls The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 2, 2005, advising they have no concerns with this application. Mr. A. Attwool was in attendance in support of this application on behalf of the applicant. He explained that the addition will act as a sound barrier to the noise generated on the abutting property. He advised that three years ago the abutting property was purchased, and the new neighbours installed a swimming pool on the side of their backyard adjacent to Mr. Attwool's bedroom, even though he had requested they locate the pool on the other side of their property. They also constructed a very large pool house adjacent to this property, in which they have located a television and sound system. A photograph of this pool house was submitted. Mr. Attwool explained that two years ago he was diagnosed as having cancer; consequently, he needs a lot of rest, which is quite impossible because there is a lot of noise coming from the next door property day and night. In addition to the noise coming from the neighbours' back yard, Mr. Attwool complained that the neighbours operate a construction business from their home, and they have deliveries of lumber to their home on a regular basis, creating more noise. Mr. Attwool stated the proposed addition will create a screen against the noise as it will be well insulated, and it will also improve the appearance of the backyard. Mrs. Walls, owner of the abutting property, addressed the Committee, advising that they were not able to locate their pool on the other side of their backyard, due to the location of the septic system. She advised that they do a lot of entertaining. However, the music is never so loud that they can not carry on a conversation with their guests, or hear their children. Mrs. Walls advised they have spoken with the Attwools about their proposed addition, and they have some concerns, as outlined in their written submission. She stated that property values are a concern, as well as the existing tree. The Chair noted that this Committee's function is to decide on the merits of the application, such matters as noise and the operation of a business in a residential area are the purview of the City's By-law Enforcement. With respect to Mrs. Wall's concerns about drainage from the proposed addition, this matter will be addressed at the time of building permit issuance. COMMITTEE OF ADJUSTMENT 138 AUGUST 16, 2005 3. Submission No.: A 2005-046 (Cont'd) The Chair then questioned Mr. Attwool concerning the health of and safety issues with respect to the existing tree in his rear yard. Mr. Attwool advised the tree is very healthy. Further, the addition will not have a basement; however, he is prepared to have a tree specialist on-site to determine whether the addition will damage the tree. In an effort to address Mrs. Walls other concerns, the Chair advised that this Committee is not in a position to dictate the exterior finish on the addition. Mrs. Walls explained they had erected a wooden fence around their rear yard, as requested by the neighbour. However, if they are going to have to look at a 40 ft. wall, they will remove the wooden fence and install a wrought iron fence. She stated they would prefer not to have to look at an additional 11 feet of house. With respect to the fact that the application is for a reduced rear yard, the Chair questioned whether Mr. Attwool had spoken to his abutting neighbour at the rear. In this regard, Mr. Attwool submitted a letter of support from Mr. V. Martin, the abutting neighbour at the rear of his property. Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Sherry N. Hunt-Attwool requesting permission to construct a rear addition to have a rearyard of 4 m (13.12 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 14, Registered Plan 698,130 Edgehill Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 4. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-047 Omar A. Omar 175 Wellington Street North Lot 84 Reoistered Plan 376 Appearances: In Support: Mr. O. Omar Mr. D. Ratiu Mr. 1. Nguyen Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to change a legal non- conforming use to a similar or more compatible use under Section 45 5(2) (a) (ii) of the Planning Act. The current legal non-conforming use is an auto detailing business and the applicant is proposing to change the use to that of repair and sale of motor vehicles. The Committee considered the report of the Development & Technical Services Department, dated August 10, 2005, in which they advise that the subject property is zoned Residential Five (R-5), but is located within a former Light Industrial Zone. This property has seen a series of applications to change an existing legal non-conforming use to a new legal non-conforming use. 1995: From "Painting and Woodworking" to "Repair of Electronic Automotive Parts" 2001: From "Repair of Electronic Automotive Parts" to "Auto Detailing" COMMITTEE OF ADJUSTMENT 139 AUGUST 16, 2005 4. Submission No.: A 2005-047 (Cont'd) The applicants are now requesting permission to allow "The Repair and Sale of Motor Vehicles". The site would contain 10 parking spaces. The tests of permission are that the proposed use must be deemed similar to the original legal non-conforming use or deemed more compatible with the permitted uses of the Zoning Bylaw than the original legal non-conforming use. To be considered similar, the proposed use must be similar to the original. Thus, is "auto repair and sales" similar to "painting and woodworking"? It is difficult to suggest that automobile repair and sales is at all similar to wood working. The original use performed a manufacturing operation, while the proposed use would perform a vehicle repair and retail function. Therefore the proposed use is not similar. To be considered more compatible, the proposed use must be more compatible with the permitted uses (residential) than the original use. Thus, is "auto repair and sales" more compatible with residential uses than "painting and woodworking"? Historically on this site, the Committee and Planning Staff have found automobile related businesses to be more compatible than wood working (visa vi 1995). However, this was for the repair of electronic auto components and aesthetic repairs, not for repairs to the entirety of a vehicle, or the sale of vehicles. The basis for determining compatibility lies within the Industrial Residential (M-1) Zone along Breithaupt Street. Here, the City has identified uses that are appropriate for areas of transition between industrial uses and residential uses, and areas that have a mixture of both residential and industrial uses. Uses which are noxious, overly noisy or odourous have been prohibited. In an M-1 Zone, repair services (excluding auto repair) and manufacturing (wood working) are permitted uses, thus indicating a level of residential compatibility. Unfortunately, the sale, service and repair of vehicles is not identified as a compatible use. Practically speaking, while wood working, the repair of automobile electronic parts and auto detailing can create some elements of traffic and noise, they generally are less intrusive to a residential neighbourhood. You need not look any further than the property in question and the adjacent property, 181 Wellington Street North, also used for automobile repairs. Both properties have limited or no landscaping, and are occupied almost entirely by vehicles. The only indication of any residential use are the two houses retained at the front of each lot. More specifically, auto sales tend to generate retail traffic at off-peak working hours. Likewise, an auto repair service generally requires the installations of lifts, equipment and other investments that can cause a perpetuation of the legal non-conforming use. The intent of the Planning Act, however, is to see properties become legal over the fullness of time. Based on the foregoing, Planning staff conclude that "Auto Repair and Sales" is not similar to "woodworking" and not more compatible to "residential" than "woodworking", and recommend this application be refused. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 2, 2005, in which they advise that they have no concerns with this application. Mr. Ratiu addressed the Committee advising that when the application was submitted, Planning staff advised the existing legal use is auto detailing. They also advised there should be no problem getting approval of this application. He stated the next door neighbour is conducting the same type of business, behind this property is a factory, and on the other side of the property is a triplex. The proposed business would only have a few customers a day coming to the property, and would not generate a lot of traffic. When questioned by the Committee, Ms. Ross advised this property had been rezoned from Light Industrial to Residential Five Zone in 1995. COMMITTEE OF ADJUSTMENT 140 AUGUST 16, 2005 4. Submission No.: A 2005-047 (Cont'd) Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Omar A. Omar requesting permission to change a legal non-conforming use from "Painting and Woodworking" to "the Repair and Sale of Motor Vehicles", on Part Lot 84, Plan 376, 175 Wellington Street North, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the use of the property for the Repair and Sale of Motor Vehicles is not similar to Painting and Woodworking nor is this use more compatible with those uses permitted in the Residential Five Zone (R-5) than Painting and Woodworking. Carried 5. Submission No.: Applicant: Property Location: Legal Description: A 2005-048 Kitchener-Wilmot Hydro Inc. 301 Victoria Street South Part Lots 14-23, Plan 296, Part Lots 16 & 19, Subdivision of Lot 16, German Company Tract, Part Lot 16, German Company Tract, Lots 4-7 & Part Lots 1,2,3,8 & 22, Subdivision of Lot 17, German Comoanv Tract and Lot 45 & Part Lot 46 Reoistered Plan 739 Appearances: In Support: Mr. A. Frensch Mr. B. Gurney Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an electrical switching building with a side yard set back of 3.86 m (12.66 ft.) rather than the required 6.0 m (19.68 ft.), in order to avoid placing the building directly under electrical power lines. The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 2, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority dated July 28, 2005, recommending approval of this application, noting that any future construction or alteration within the regulated area will require a Fill, Construction and Alteration to Waterways Permit. Mr. Frensch explained the requested side yard variance relates to required working clearances from the tree. Further, the proposed location provides for a better lay-out for the equipment, and is more aesthetically pleasing. If they have to relocate the building in compliance with the by-law, there will be additional design costs and a time delay. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Kitchener-Wilmot Hydro Inc. requesting permission to construct an electrical switchgear building with a side yard setback of 3.86 m (12.66 ft.) rather than the required 6.0 m (19.68 ft.), on Part Lots 14-23, Plan 296, Part Lots 16 & 19, Subdivision of Lot 16, German Company Tract, Part Lot 16, German Company Tract, Lots 4-7 & Part Lots 1,2,3,8 & 22, Subdivision of Lot 17, German Company Tract, and Lot 45 & Part Lot 46, Registered Plan 739, 301 Victoria Street South, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 141 AUGUST 16, 2005 5. Submission No.: A 2005-048 (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 6. Submission No.: Applicant: Property Location: Legal Description: A 2005-049 Kanco-Belmont (Marina) Ltd. 534 Marina Road Part Lot 15 & 16, Plan 402, being Parts 3, 4, 5, & 7, Reference Plan 58R-2550 Mr. Z. Janecki declared a pecuniary interest in this application as he is employed by the same planning firm as the applicant's agent, and did not participate in any discussion or voting with respect to this application. This application was considered by the remaining two members. Appearances: In Support: Mr. S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicant requests a permission to reduce the parking requirement from 149 spaces to 125 spaces for a 99 unit apartment building. The Committee considered the report of the Development & Technical Services Department, dated August 8, 2005, advising the subject property is located at 534 Marina Drive. This property has frontage on Belmont Avenue and is located south of Belmont Village. The property is approximately 0.53 hectares, or 1.3 acres, in size and is currently vacant. The property is surrounded by low rise housing to the west, high density housing to the north (including two apartment buildings, 9 & 11 storeys in height), and a range of commercial/office use to the east and south. A pedestrian walkway is located immediately north of the property. The property is designated in the Municipal Plan as Mixed Use Corridor, and is planned for "intensive, transit supportive development" subject to meeting specific design guidelines contained in the Mixed Use Corridor Design Brief approved by Council on July 4th. In particular, the design guidelines encourages residential intensification subject to providing parking in the side and rear yards, providing articulated building massing, and encourages reduced parking standards to encourage intensification. The Mixed Use Corridor land use policies and design guidelines will be implemented through a new zoning category to be initiated later this year. The property is zoned Residential Zone (R-9), which permits Multiple Dwellings, subject to a minimize floor space ratio of 1.0 and a maximum floor space ratio of 4.0. The property is also subject to the parking provisions contained in Section 6.1 of the Zoning By-law. The property is located on the boundary of the inner city area that is subject to reduced parking ratio of 1.25 spaces per unit. The property is currently subject to a minimum parking ratio of 1.5 spaces per unit. COMMITTEE OF ADJUSTMENT 142 AUGUST 16, 2005 6. Submission No.: A 2005-049 (Cont'd) The applicant has submitted a site plan application to the City proposing a 9 storey, 99 unit apartment building, with 125 parking spaces identified on a site plan application attached in Appendix A. The Site Plan Review Committee has approved the Site Plan application in principle, subject to resolving the Minor Variance parking reduction. The site is zoned Residential Nine Zone (R-9), and is subject to a minimum parking requirement of 1.5 spaces per unit. The proposed development complies with general R-9 regulations however, does not comply with the minimum parking requirement (149 spaces required whereas 125 spaces provided). Planning staff are of the opinion that the approval of the variances will meet the intent of the Municipal Plan. The property is designated in the Municipal Plan as Mixed Use Corridor. This land use designation permits a broad range of land uses, including multiple residential uses and is intended to have strong pedestrian linkages to the surrounding residential neighbourhood. The policies indicate that new development shall be compatible with the surrounding residential neighbourhood and are an appropriate height and density in relation to adjacent low-rise residential development. The proposed development is a permitted use, and meets the intent of the Mixed Use Corridor Design Brief. Planning staff is of the opinion that the approval of the variance will meet the intent of the Zoning By-law. The proposed development is a permitted use, and will provide an adequate amount of parking on the site given its location in a Mixed Use Corridor. City Planning staff will implement the Mixed Use Corridor land use policies through a new zone category which will be initiated later this year and parking reductions will be explored through this process. In Planning staff's opinion, the proposed variance (0.25 reduction resulting in 24 fewer parking spaces) is considered minor for this type of housing given its location in a Mixed Use Corridor, access to services and uses offered in Belmont Village (zoned Community Commercial Core Zone) and immediate proximity the inner city reduced parking ratio boundary. In Planning staff opinion, the proposed variance is appropriate for the development and use of the land for the following reasons: . DTS Reoort-04-164 !Desian Based Aooroach To Citv Buildina - Kitchener By Design) recommends staff to investigate appropriate and flexible development standards and regulations for re-urbanization areas to support a compact built form and infill development. The proposed application is an infill development, and provides an opportunity for appropriate, reduced development standards. · Mixed Use Corridor Desian Brief - The property is located in a Mixed Use Corridor land use designation, and is subject to design guidelines contained in the City's Design Brief for Mixed Use Corridors. The parking guidelines are attached in Appendix B. These guidelines encourage reduced parking standards to encourage compact development and residential intensification and encouraged parking to be located in the side and rear yards. The proposed development addresses these guidelines. · Prooosed Parkina Imoacts - The proposed development will maintains at least one parking space for each residential unit, and provides sufficient parking spaces for visitor parking and barrier free spaces. Planning staff note that proposed development and parking ratio is similar to many other comparable apartment sites located in the central neighbourhoods and Mixed Use Corridor areas. Select examples are identified below: · 20 Ellen Street East (Renaissance II - Central Neiahbourhood) 7-storey apartment, 66 units, 83 parking spaces provided (1.26 ratio) · 1414 Kina Street East (Eastwood 11- Mixed Use Corridor), 12-storey apartment, 103 units, 141 spaces provided (1.37 ratio) · 150 Queen Street (Queen's Place - Central Neiahbourhood), 15-storey apartment, 61 units, 65 parking spaces provided (1.07 ratio) · 310 Queen Street !Drewlo Holdinas - Mixed Use Corridor), 14-storey apartment, 218 units, 235 parking spaces provided (1.08 ratio) COMMITTEE OF ADJUSTMENT 143 AUGUST 16, 2005 6. Submission No.: A 2005-049 (Cont'd) The property owner also has an extensive rental apartment portfolio which includes a variety of apartments that have parking ratios ranging from 1.19 to 1.30 spaces per unit identified in a letter attached in Appendix C. The applicant's agent notes that these projects operate at a satisfactory level of operation further described in Appendix D. Planning staff has requested additional information related to these examples. Specific development issues will also be addressed through the site plan approval process. The applicant has submitted a site plan application, and has submitted a Traffic Impact Study. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 2, 2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Kanco-Belmont (Marina) Ltd. requesting permission to provide 125 parking spaces rather than the required 149 parking spaces for a new 99 unit apartment building, on Part Lot 15 & 16, Plan 402, being Parts 3, 4, 5, & 7, Reference Plan 58R-2550, 534 Marina Road, 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 7. Submission No.: Applicant: Property Location: Legal Description: A 2005-050 BNAI Fishel Corporation 4220 King Street East Part of Lot 9, Beasley's Broken Front Concession, Reference Plan 58R-5746 Part 1 toaether with Riaht of Wav Mr. Z. Janecki declared a pecuniary interest in this application as he is employed by the same planning firm as the applicant's agent, and did not participate in any discussion or voting with respect to this application. This application was considered by the remaining two members. Appearances: In Support: Mr. S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to reduce the parking requirement from 157 spaces to 141 spaces for a restaurant and furniture store to be located within the existing building. The Committee considered the report of the Development & Technical Services Department, dated August 10, 2005, the owner of the subject property located at the King Street East and Deer Ridge Drive intersection has submitted a minor variance application to reduce the parking requirement for a restaurant and furniture store from 157 spaces to 141 spaces. The proposed uses on the property would be located within the existing commercial building. Revisions are proposed to the parking lot area for the site and a site plan application has been submitted (SP 05/85/K/BS). COMMITTEE OF ADJUSTMENT 144 AUGUST 16, 2005 7. Submission No.: A 2005-050 (Cont'd) The Site Plan has been circulated concurrently with the review of the minor variance application. At the time of writing this report, the parking issues with the variance and Site Plan are still under review. Therefore, Planning staff recommends that the minor variance be deferred until the review of the Parking Study and Site Plan is complete. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 2, 2005, advising they have no concerns with this application. Mr. Patterson registered a complaint on behalf of the applicant with respect to the amount of time it is taking staff to review the parking study. The Committee generally agreed to defer its consideration of this application until September 13, 2005. CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2005-038 Karin Louise Kuntz & Gail Evelene Hiscott 32 Folley's Lane Part Lot 9, Beasley's Broken Front Concession, being Part 3, Reference Plan 58R-4616 Appearances: In Support: Mr. M. Hiscott Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to give an easement to the neighbouring property for landscaping features. The lands comprising the easement will have a width of 10 m (32.8 ft.), a depth of 45 m (147.63 ft.), and an area of 540 sq. m. (5,812.7 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising they have no objections, provided satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated August 9,2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Karin Louise Kuntz & Gail Evelene Hiscott requesting permission to transfer an easement to benefit the property at 24 Folley's Lane over a parcel of land having a width on Folley's Lane of 10 m (32.8 ft.), a depth of 57 m (187 ft.), and an area of 53.2 m2 (572.65 sq. ft.), to allow the gardens, decks, gazebo, recirculating ponds, stonework, steps, composting and other landscaping features, on Part Lot 9, Beasley's Broken Front Concession, being Part 3, Reference Plan 58R-4616, 32 Folley's Lane, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 145 AUGUST 16, 2005 1. Submission No.: B 2005-038 (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 August 16, 2007. Carried 2. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-039 George Tilt 1047 Doon Village Road Part of Lot 3 Biehn's Tract beina Part 1 Plan 58R-13577 Appearances: In Support: Ms. K. Tilt Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land to be conveyed as a lot addition to the neighbouring property owner. The parcel will have a width of 0.919 m (3.28 ft.), a depth of 57 m (187 ft.), and an area of 53.2 sq. m. (572.65 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising they have no objections, provided satisfactory arrangements are made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges, and the deed ensures that the lands to be severed are added to the abutting lands and title be taken in identical ownership as the abutting lands. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated August 9,2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority, dated August 9, 2005, in which they advised that this application falls within an area of interest due to the presence of the wetland. Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of George Tilt requesting permission to convey a parcel of land having a width on Doon Village Road of 0.919 m (3.28 ft.), by a depth of 45 m (147.63 ft.), and having an area of 53.2 m2 (572.65 sq. ft.), as a lot addition to 1059 Doon Village Road, on Part of Lot 3, Biehn's Tract, 1047 Doon Village Road, Kitchener, Ontario, BE GRANTED subject to the following conditions: COMMITTEE OF ADJUSTMENT 2. Submission No.: B 2005-039 (Cont'd) 146 AUGUST 16, 2005 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 conveyed in this application shall be added to the abutting land at 1059 Doon Village Road, and title shall be taken in identical ownership, with any subsequent conveyance complying with subsections 50(3) 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 August 16, 2007. 3. Submission No.: Applicant: Property Location: Legal Description: Carried B 2005-040 to B 2005-046 2062153 Ontario Ltd. 242 Woodhaven Road Part Block B, Registered Plan 849, being Part 1, Reference Plan 58R-14938 In Support: Appearances: Contra: Written Submissions: Mr. B. Nimer Mr. D. Seton Mr. & Mrs. K. Specht Mr. S. Weir Mr. E. Franklin Ms. J. Karges None None The Committee was advised that the applicant requests permission to create seven new lots for a total of eight lots for residential use. The lots range in width from 8.8 m (28.87 ft.) to 11.7 m (38.38 ft.), in depth from 70.9 m (232.61 ft.) to 93.2 m (305.77 ft.), with areas ranging from 766.6 sq. m (8,251.88 sq. ft.) to 1119.1 sq. m. (12.046.28 sq. ft.). It is intended that each lot will be developed with one unit of a semi-detached dwelling (for a total of eight units, each of which could be duplexed, for a total of 16 residential units) with a shared access which will require a right-of- way between each of the proposed dwellings. The Committee considered the report of the Development & Technical Services Department, dated August 10, 2005, advising this property was recently the subject of a severance application in which the applicants obtained a portion of the lot formerly owned by St. Phillips Lutheran Church. The subject property is zoned Community Institutional Zone (1-1), which permits semi- detached dwellings and duplex dwellings. COMMITTEE OF ADJUSTMENT 147 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) The applicants wish to further subdivide the lot to create 8 lots in total, for the purpose of developing 8 duplexed semi-detached dwellings (16 units in total). In essence, each lot will function as a duplex. They also wish to create 6 rights-of-ways to allow for 3 shared driveways (1 driveway shared by 2 properties, and 4 units). There is no intention to sever the rear units. As such, the purpose of the rights-of-way is for overland access only, not to service the rear units. The proposed lot configurations comply with the minimum lot area and lot width requirements of the zoning by-law. The proposed semi-detached built form is compatible with the surrounding low density residential neighbourhood. The proposed right-of-ways (shared driveways) will help to improve the quality of the streetscape by minimizing the presence of asphalt and vehicles in the front yard. Based on the foregoing, Planning staff has no concerns with the proposed severances, subject to the conditions outlined. That Consent Applications B2005-040 to A2005-046, requesting consent to create 8 lots in total (7 severed lots and 1 retained lot) be approved, subject to the following conditions: 1. 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/or retained lands. 2. 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 and retained lands. 3. That prior to the issuance of any building permits, the owner agrees to submit conceptual elevation drawings, to the satisfaction of the City's Director of Planning. 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. That Consent Applications B2005-040 to A2005-046, requesting consent to establish 6 rights-of- way, as shown on the plan submitted, be approved, subject to the following condition: 1. That the owner enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated August 9, 2005, advising they have no objections to these applications provided that prior to any grading or construction, and final consent approval, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation to the satisfaction of the Ministry of Culture. Mr. Nimer addressed the Committee advising this property was recently severed from St. Phillip's Lutheran Church at 242 Woodhaven Road. At that time, concerns were raised by the neighbours with respect to the proposed use of this property. Since that time, meetings have taken place with the neighbours, and the proposed development has changed. The proposed development has been designed for seniors, including units which have been designed for people who are physically disabled. Mr. Nimer stated his belief that the proposed development is more compatible with the neighbourhood than the high-rise development previously proposed. Mr. E. Franklin advised he is in support of the proposed development, and wants to know when construction will commence. COMMITTEE OF ADJUSTMENT 148 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) Mr. S. Weir noted that the immediate neighbourhood contains single family dwellings, but this property is developed with duplex rental units. The Chair commended the proposed development, particularly the streetscape and the green space at the rear of these lots, and commented this proposal is superior to the original proposal. Mr. Nimer explained the intention is to make this a community of seniors. The lots could be sold; however, at this time the intention is that they be rental units. He advised he wants to maintain control over the aesthetics of these properties, and will be providing maintenance services for them. Submission No. B 2005-040 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.836 m (28.9895 ft.), a depth of 73.418 m (240.8727 ft.), and having an area of 766.6 m2 (8251.614 sq. ft.), subject to a right-of-way on the easterly side of the property in favour of the land to be severed in Submission No. B 2005-041, and together with a right-of-way on the westerly side of the land to be severed in Submission No. B 2005-041, on Part Block B, Registered Plan 849, being Parts 2, 3, & 4 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. COMMITTEE OF ADJUSTMENT 149 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (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 August 16, 2007. Carried Submission No. B 2005-041 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.821 m (28.94029 ft.), a depth of 76.984 m (252.57 ft.), and having an area of 804.9 m2 (8663.871 sq. ft.), subject to a right-of-way on the westerly side of the property in favour of the land to be severed in Submission No. B 2005-040, and together with a right-of-way on the easterly side of the land to be severed in Submission No. B 2005-040, on Part Block B, Registered Plan 849, being Parts 3, 4 & 5 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. COMMITTEE OF ADJUSTMENT 150 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. 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 August 16, 2007. Carried Submission No. B 2005-042 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.833 m (28.97966 ft.), a depth of 83.179 m (272.89 ft.), and having an area of 867.3 m2 (9335.54 sq. ft.), subject to a right-of-way on the easterly side of the property in favour of the land to be severed in Submission No. B 2005-043, and together with a right-of-way on the westerly side of the land to be severed in Submission No. B 2005-043, on Part Block B, Registered Plan 849, being Parts 6, 7 & 8 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. COMMITTEE OF ADJUSTMENT 151 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. 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 August 16, 2007. Carried Submission No. B 2005-043 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.839 m (28.99934 ft.), a depth of 90.911 m (298.2644 ft.), and having an area of 961.5 m2 (10349.5 sq. ft.), subject to a right-of-way on the westerly side of the property in favour of the land to be severed in Submission No. B 2005-042, and together with a right-of-way on the easterly side of the land to be severed in Submission No. B 2005-042, on Part Block B, Registered Plan 849, being Parts 7, 8 & 9 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. COMMITTEE OF ADJUSTMENT 152 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. 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 August 16, 2007. Carried Submission No. B 2005-044 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.776 m (28.79265 ft.), a depth of 93.251 m (305.9416 ft.), and having an area of 1066 m2 (11,474.33 sq. ft.), subject to a right-of-way on the easterly side of the property in favour of the land to be severed in Submission No. B 2005-045, and together with a right-of-way on the westerly side of the land to be severed in Submission No. B 2005-045, on Part Block B, Registered Plan 849, being Parts 10, 11 & 12 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. COMMITTEE OF ADJUSTMENT 153 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. 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 August 16, 2007. Carried Submission No. B 2005-045 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 8.816 m (28.92388 ft.), a depth of 93.251 m (305.9416 ft.), and having an area of 966.4 m2 (10,402.24 sq. ft.), subject to a right-of-way on the westerly side of the property in favour of the land to be severed in Submission No. B 2005-044, and together with a right-of-way on the easterly side of the land to be severed in Submission No. B 2005-044, on Part Block B, Registered Plan 849, being Parts 11, 12 & 13 of the Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. COMMITTEE OF ADJUSTMENT 154 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner of Planning Housing and Community Services. 6. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-ways for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of all affected properties. 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 August 16, 2007. Carried Submission No. B 2005-046 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of 2062153 Ontario Ltd. requesting permission to convey a parcel of land having a width of 11.768 m (38.60892 ft.), a depth of 81.475 m (267.3064 ft.), and having an area of 1119.1 m2 (12,045.89 sq. ft.), on Part Block B, Registered Plan 849, being Part 14, Draft Reference Plan, Woodhaven Road, 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 following: a) the installation of all new service connections to the severed and retained lands; and COMMITTEE OF ADJUSTMENT 155 AUGUST 16, 2005 3. Submission No.: B 2005-040 to B 2005-046 (Cont'd) b) the installation to City Standards of boulevard landscaping, including street trees and paved driveway ramps, on the severed and retained lands. 2. That the owner shall agree to submit conceptual elevation drawings for the proposed development, satisfactory to the City's Director of Planning, prior to the issuance of a building permit. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access, as shown on the draft reference plan submitted with this application, are maintained in perpetuity, and provide confirmation that the said agreement has been registered against the title of all affected properties. 5. That prior to any grading or construction, the owner shall have a consultant archaeologist 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, with 2 copies of the completed assessment and Ministry acknowledgement to be forwarded to the Regional Commissioner 0 f Planning Housing and Community Services. 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 August 16, 2007. Carried 4. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-047 to B 2005-048 Primeland Developments (Harold Freure) Tweedsdale Street Lots 119 & 120 Reaistered Plan 58M-346 Appearances: In Support: Ms. N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a narrow strip of land from 2 lots in a registered plan to be added to 2 adjacent lots. The lands to be severed will have widths of 0.456 m (1.49 ft.), a depth of 30 m (98.42 ft.), and each will have an area of 13.68 sq. m. (147.25 sq. ft.) COMMITTEE OF ADJUSTMENT 156 AUGUST 16, 2005 4. Submission No.: B 2005-047 to B 2005-048 (Cont'd) The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, in which they advised that they have no objections provided satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding property taxes and/or local improvement charges and the deed ensure that the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated August 9, 2005, advising they have no objections to these appl ications. Ms. N. Horne was in attendance on behalf of the applicant, advising the applicant needs extra width for the abutting lots as they will contain end-units. Submission No. B 2005-047 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Primeland Developments (Harold Freure) requesting permission to convey a parcel of land having a width of 0.456 m (1.49 ft.), a depth of 30 m (98.42 ft.), and an area of 13.68 m2 (147.25 sq. ft.), as a lot addition to the abutting Lot 118, on Part Lot 119, Registered Plan 58M-346, Tweedsdale Street, Kitchener, Ontario, BE 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 conveyed in this application shall be added to the abutting land being Lot 118, Registered Plan 58M-346, and title shall be taken in identical ownership, with any subsequent conveyance complying with subsections 50(3) 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 August 16, 2007. Carried Submission No. B 2005-048 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Primeland Developments (Harold Freure) requesting permission to convey a parcel of land having a width of 0.456 m (1.49 ft.), a depth of 30 m (98.42 ft.), and an area of 13.68 m2 (147.25 sq. ft.), as a lot addition to the abutting Lot 121, on Part Lot 120, Registered Plan 58M-346, Tweedsdale Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 157 AUGUST 16, 2005 4. Submission No.: B 2005-047 to B 2005-048 (Cont'd) 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 conveyed in this application shall be added to the abutting land being Lot 121, Registered Plan 58M-346, and title shall be taken in identical ownership, with any subsequent conveyance complying with subsections 50(3) 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 August 16, 2007. Carried 5. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-049 to B 2005-050 Harold Burgetz 62 Thaler Avenue Part Lot 4 Reaistered Plan 589 Appearances: In Support: Mr. R. Lutzer Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever two parcels of land as residential lots. The first lot to be created will have 44.2 m (145 ft.) frontage on Thaler Avenue, a depth of 38.11 m (125 ft.) and an area of 1380 sq. m. (14,854.68 sq. ft.). The second lot to be created will have 11.2 m (36.74 ft.) of frontage on Burgetz Avenue, a depth ranging from 38.11 m (125 ft.) to 28.7 m (94.16 ft.) and an area of 321 sq. m (3,455.32 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising that the subject property is located at the North-Eastern corner of Thaler Ave. and Burgetz Avenue. It is currently developed with a single family dwelling. The property is zoned Residential Four Zone (R-4), is designated as Low Rise Residential in the Municipal Plan and is currently developed with a single family dwelling. The applicant proposes to sever two portions of the property to create new lots for future development. The first lot to be severed which is labeled as P-1 on the accompanying plan would have a lot width of 44.2 m, and a lot area of 1380 square m. The second lot to be severed which is labeled as P-2 on the accompanying plan would have a lot width of 11.275 m and a lot area of 321 square m. The retained lands will have a lot width of 28.367 m, front yard of 4.61 m, side yards of 1.25 m and a rear yard of 11.04 m. The total area of the retained lands is 834 square m. COMMITTEE OF ADJUSTMENT 158 AUGUST 16, 2005 5. Submission No.: B 2005-049 to B 2005-050 (Cont'd) 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, 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 will meet zoning requirements and the size of the proposed parcels will be suitable for the uses as permitted by the R-4 zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands and the lands can be serviced with independent and adequate service connections to municipal services. It is the opinion of staff that the severed and retained lands meet Municipal Plan policy and Zoning By-Law regulations and are considered to be proper and orderly development. The Application for Consent conforms to the policies of the Provincial Policy Statement 2005 as the severance will result in the intensification of the area and provides a greater range of housing types and densities in the community. That application B2005-049 be approved, subject to the following conditions: 1. 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/or retained lands. 2. 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 and/or retained lands. 3. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 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. 5. That the existing greenhouse be removed to the satisfaction of the City's Director of Planning. That application B2005-050 be approved, subject to the following conditions: 1. 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/or retained lands. 2. 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 and/or retained lands. 3. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 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. 5. That the existing chain link fence crossing the front portion of the property be removed to the satisfaction of the City's Director of Planning. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated August 9, 2005, advising they have no objections to these appl ications. COMMITTEE OF ADJUSTMENT 159 AUGUST 16, 2005 5. Submission No.: B 2005-049 to B 2005-050 (Cont'd) Mr. Lutzer provided the Committee with a revised severance sketch showing a 3.048 m wide strip of land being added to the retained land from the land to be severed in Submission No. B 2005- 049. He advised that the proposed purchaser of the retained land would like to keep the attached greenhouse, and the additional strip of land would allow the greenhouse to remain. Upon questioning Mr. Lutzer advised a bungalow will be constructed on the land to be severed in Submission No. B 2005-050, and 6 to 8 units of seniors housing will be constructed on the land to be severed in Submission No. B 2005-049. Submission No. B 2005-049 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Harold Burgetz requesting permission to convey a parcel of land having a width on Thaler Avenue of 32.342 m (106.1089 ft.), a depth of 41.116 m (134.895 ft.) on the northerly side, and having a area of 1288 m2 (13,863.92 sq. ft.), on Part Lot 4, Registered Plan 589, 62 Thaler Avenue, Kitchener, Ontairo, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory financial arrangements with the City's Engineering Services for the following: a) installation of all new service connections to the severed and/or retained lands; and, b) installation, to City standards of boulevard landscaping, including street trees and a paved driveway ramp, on the severed and/or retained lands. 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the land 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 August 16, 2007. Carried COMMITTEE OF ADJUSTMENT 160 AUGUST 16, 2005 5. Submission No.: B 2005-049 to B 2005-050 (Cont'd) Submission No. B 2005-050 Moved by Mr. Z. Janecki Seconded by Mr. B.lsaac That the application of Harold Burgetz requesting permission to convey a parcel of land having a width of 11.2 m (36.74 ft.), a depth of approximately 28.7 m (94.16 ft.), and an area of 321 m2 (3,455.32 sq. ft.), on Part Lot 4, Registered Plan 589, 62 Thaler Avenue, Kitchener, Ontairo, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory financial arrangements with the City's Engineering Services for the following: a) installation of all new service connections to the severed and/or retained lands; and, b) installation, to City standards of boulevard landscaping, including street trees and a paved driveway ramp, on the severed and/or retained lands. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any Municipal Property Taxes and/or local improvement charges. 3. 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 land to be severed. 4. That the owner shall remove the chain link fence across the front portion of the severed land, to the satisfaction of the Director of Planning. 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 August 16, 2007. Carried ADJOURNMENT On motion, the meeting adjourned at 12:00 noon. Dated at the City of Kitchener this 16th day of August, 2005. Dianne H. Gilchrist Secretary- Treasurer Committee of Adjustment