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HomeMy WebLinkAboutAdjustment - 2005-10-11 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 11 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Ms. 1. Malone-Wright, Senior Planner, Mr. R. Parent, Parking Analyst and Ms. D. Gilchrist, Secretary-Treasurer & Ms. 1. Kraemer, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:38 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 September 13, 2005, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS 1. Submission No.: Applicant: Property Location: Legal Description: A 2005-045 Heide Anderson 19 Caprice Court Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581 Appearances: In Support: Ms. E. Kromm Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a carport with a side yard setback of 0.86 m (2.82 ft) rather than the required 1.2 m (3.93 ft.). The Committee considered the report of the Development & Technical Services Department, dated August 9, 2005, advising they have no concerns with this application provided that there is no fence or other attachment to the carport, that any eavestrough does not encroach onto the adjacent property and provided all drainage is directed to the applicant's property. 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. Z. Janecki Seconded by Ms. D. Angel That the application of Heide Anderson requesting permission to construct a carport with a side yard setback of 0.86 m (2.82 ft) rather than the required 1.2 m (3.93 ft.), on Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581, 19 Caprice Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That there shall be no fence or other attachment to the carport. COMMITTEE OF ADJUSTMENT 180 OCTOBER 11, 2005 1. Submission No.: A 2005-045 !Cont'd) 2. That any eavestrough on the carport shall not encroach onto the abutting property. 3. That all drainage from the carport shall be directed onto the applicant's own property. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 2. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-053 Jasvir & Harvinder Bhella 88 Franklin Street South Lot 136 Reoistered Plan 254 Appearances: In Support: Mr. J. Bhella Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to create one additional parking space for a triplex, located between the fac;;ade of the building and the front lot line, where parking is not permitted. The Committee considered the report of the Development & Technical Services Department, dated October 6, 2005, advising Transportation Planning and Planning staff met with the applicant on site to review the rear yard parking issues. The site is currently not designed as per the approved site plan. The rear yard was to accommodate 3 parking spaces and no amenity area. It is currently being used to park 2 cars and allow for amenity space. A wooden fire escape was constructed at the rear of the triplex which does interfere with entering the parking lot - it was not built within the footprint identified on the plans for building permit. However, upon further review, Transportation Planning staff concluded that it is still possible to safely accommodate 3 cars as per the approved plan. However, while on site, other issues were apparent - the inability to store snow in the rear yard, the inability for a snow removal truck to access the parking lot, and the lack of amenity space. As noted by the owner and tenants, it appears impossible to accommodate 3 cars and snow in the winter, and snow can not be removed due to the narrow driveway. As such, 3 parking spaces are clearly not functional in winter months. With limited grass in the rear yard, there is no comfortable space for tenants to enjoy. Currently patio furniture is placed on the asphalt parking lot, with limited protection from the sun. Based on this, it is the position of DTS Staff that 2 additional parking spaces are appropriate in the front yard, as per the applicants drawing, subject to the following: 1. That the rear yard parking area be reconfigured to accommodate only 2 parking spaces, and that excess asphalt be removed and replaced with sod, so as to provide space for tenant amenities and snow storage. 2. That the front yard parking spaces be constructed with a decorative material, such as interlocking brick or brushed concrete. COMMITTEE OF ADJUSTMENT 181 OCTOBER 11, 2005 2. Submission No.: A 2005-053 !Cont'd) 3. That appropriate landscaping be provided in the front yard to screen the parking spaces, such as hedges, trees and flower gardens between the sidewalk and the parking area. Staff reviewed the site visit, noting the removal of one parking space in the rear yard would be appropriate to allow for snowplowing and storage in the winter, and amenity space for the tenants. They recommended approval of front yard parking as outlined in the staff report. Mr. Bhella advised he agrees with the staff recommendation. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Jasvir & Harvinder Bhella requesting permission to provide two off-street parking spaces between the fac;;ade of the triplex and the front lot line, where parking is not permitted, on Lot 136, Registered Plan 254, 88 Franklin Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain site plan approval of a revised site plan for this property which incorporates the following: a) reconfiguration of the rear yard parking area to accommodate only two parking spaces; with the excess asphalt removed, and replaced with sod to provide space for tenants' amenities and snow storage; and, b) the front yard parking space is to be constructed with a decorative material such as interlocking brick or brushed concrete; and, c) landscaping in the front yard which is appropriate to screen the parking spaces, such as hedges, trees and flower gardens; to be located between the sidewalk and the parking area. 2. That the owner shall receive approval of the revised site plan prior to using the front yard for parking. 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 9:45 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Sign By-law, and reconvened at 10:23 a.m. with the following members present: Ms. D. Angel and Messrs D. Cybalski and Z. Janecki. MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-062 Robert Nowak 6 Madison Avenue South Part Lot 19 Plan 365 Appearances: In Support: Mr. H. Nowak Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 182 OCTOBER 11, 2005 1. Submission No.: A 2005-062 !Cont'd) The Committee was advised that the applicant requests permission to provide 3 parking spaces for an arts and crafts supply store and two dwelling units rather than the 5 required parking spaces, to be arranged in tandem to recognize the current parking layout on the subject property. The applicant also request minor variances to recognize the location of the existing building and the size of the subject property to permit an arts and crafts supply store to occupy a portion of the existing building where a radiator repair shop previously existed. The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, in which staff advise the subject site is located on the north side of Madison Avenue, south of King Street East, just outside of Downtown. The lands are designated Mixed Use Corridor in the City's Municipal Plan and are zoned Commercial-Residential Four (CR- 4), 121U and 145U. The property contains a dwelling at the front with an attached building comprising most of the rear yard and a carport at the northerly side yard covering a portion of the driveway. The front portion of the building has two dwelling units with a legal non-conforming number of parking spaces of O. The rear part of the building was most recently used as a radiator repair shop; however, it is now vacant and the owner is attempting to find a new use. The owner is proposing an arts and craft (retail) use in the rear building, which at 62 m2 of gross floor area requires 3 parking spaces. The existing driveway can only provide one legal parking space. The driveway extends along the entire depth of the property and is proposed to accommodate 3 vehicles parked in tandem. Also, given that the buildings on site do not fully comply with the zoning setbacks and that the lot width is deficient; any change in use would necessitate variances as well. Therefore, the following variances are required: 1. Parking - To permit 3 tandem parking spaces for a retail use (arts and crafts store) whereas tandem parking is not permitted; and 2. Lot / Building Legalization - To permit the following for a retail use: a. A lot width of 10.9m instead of 16m; b. A southerly side yard of Om in the existing building instead of 1.2m; and c. A rear yard of Om in the existing building instead of 7.5m. [Note: the applicant has not provided a survey of the property, nor is their one in the City's property records to indicate the exact relation of the building to the lot lines, therefore it is difficult to determine if the front portion of the building with the residential use complies with other zoning regulations such as the front yard and northerly side yard setbacks - in any event it may remain legal non-conforming and/or have future road widening issues). The variance to permit 3 tandem parking spaces for a retail use on the property does not meet the general intent of the Municipal Plan, the intent of the Zoning By-law, the effect may not be minor and it may not be appropriate for the development and use of the land. The proposed mixture of residential and commercial uses are encouraged throughout the Mixed Use Corridors; however the individual properties must be able to accommodate a reasonable number of accessible parking spaces or at least have the potential for sharing of parking spaces through an off-site parking agreement. Unfortunately, the subject lands, with the current location of the existing buildings, does not provide for an adequate number of parking spaces for a retail use (especially considering the 2 existing dwelling units). Particularly for a retail use requiring multiple spaces, it is important to have independently accessible parking spaces for customers. There could be an impact on surrounding properties and the subject property itself with no suitable location for the business operator and customers (in addition to tenants and visitors) to park. The proposed uses of the buildings may simply be an "over-use" of the site as it currently sits. Therefore, staff recommends that the application as submitted be refused. The variances required to legalize the lot width for the subject property and to legalize the side and rear yard setbacks for the existing building for a retail use (or any other permitted use) should be deferred until such time as an adequate number of parking spaces has been determined for an appropriate use on the site. It would be premature to consider if a use is appropriate in building with a Om setback and with a reduced lot width if the property can not accommodate the function of the use, primarily due to a lack of suitable parking. Without the appropriate provision of on-site parking, the lot width variance especially, would not meet the intent of the Zoning By- law. COMMITTEE OF ADJUSTMENT 183 OCTOBER 11, 2005 1. Submission No.: A 2005-062 !Cont'd) Notwithstanding the above, it is reasonable to consider the potential options for use of the property until such time as the existing buildings are altered or the property is possibly consolidated with adjacent parcels for larger scale redevelopment. In this instance, it may be appropriate to consider or encourage some "interim" use and continued maintenance of the existing buildings on the property. Some of the options that could be explored include: (a) Off-site parking agreement with a nearby property owner; (b) Establish a different permitted use that requires less parking (ie. one additional dwelling unit, office); (c) Reduce the size of the commercial use; and, (d) Demolish a portion of the rear building area to provide parking. Staff suggest the following amendment to this application: Amend the application so that the variance would be to permit a retail use (arts and crafts store) with 2 parking spaces in tandem instead of the required 3 independently accessible spaces. Planning and Transportation Planning staff could support the use in this particular instance and location with only 2 spaces, provided one space was specifically reserved for the business operator and the space most easily accessed from the street was for the customer. The potential impact of only two tandem spaces in this location may not be as great given the property's central location close to Downtown which offers the possibility of some short term parking for customers on Madison and King Streets (there may be some availability in the adjacent parking lot until such time as those lands redevelop). Staff could consider that the side and rear yard setbacks be legalized for the existing building and the proposed retail (arts and crafts) use only and to legalize the lot width as well. In this report, Transportation Planning advise that in light of the subject property being surrounded with both on-street parking and a commercial parking lot, we recommend approval of a parking decrease from 3 spaces to 2 spaces for the commercial requirement. While we cannot comment on the legal non-conforming parking for the residential component, we would note from a practical standpoint that any tenant(s) having a vehicle may have a difficult time with the tandem parking. Staff recommend that Submission No. A2005-062 to permit 3 tandem parking spaces for a retail use (arts and crafts store) be refused, and that the variances to legalize the lot width, southerly side yard and rear yard setbacks for a retail use be deferred. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. Ms. 1. Malone-Wright advised Planning staff reviewed parking in relation to the uses on this property. She advised the radiator shop was legal non-conforming and has been removed. The dwelling units are legal non-conforming and will remain. Further, she advised that the legal non- conforming status of the building location has been lost. Mr. R. Parent advised that Transportation Planning staff are concerned about tandem parking for the residential tenants on this property, and do not support this variance. They have no concerns with respect to the parking for the commercial use of the property, as municipal parking is provided in the parking lot on the neighbouring property. The Chair advised Mr. Nowak that the Committee needs to have a survey of this property to determine the extent of the variances. He also requested that the applicant explore the possibility of a parking arrangement with the neighbouring property. It was generally agreed that consideration of this application be deferred to allow the applicant an opportunity to have a survey of the property prepared and submitted, and to determine whether a parking agreement can be arranged on the neighbouring property. COMMITTEE OF ADJUSTMENT 2. Submission No.: Applicant: Property Location: Lecal Descriotion: 184 OCTOBER 11, 2005 A 2005-063 Jan Mlynski 35 Lynn Court Lot 40 Reoistered Plan 58M-275 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, November 15, 2005. 3. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Written Submissions: A 2005-064 810631 Ontario Inc. 15 Country Clair Street Lot 37 Reoistered Plan 58M-331 Mr. R. Sibthorp None The Committee was advised that the applicant requests permission to construct a single detached dwelling with a rear yard of 7.35 m (24.11 ft.) rather than the required 7.5 m (24.61 ft.). None The Committee considered the report of the Development & Technical Services Department, dated October 5,2005, advising they have no objections to the proposed variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel Mr. Sibthorp advised that the builder had mistakenly extended the porch by 15 em. That the application of 810631 Ontario Inc. requesting permission to construct a single family dwelling with a rear yard of 7.35 m (24.11 ft.) rather than the required 7.5 m (24.61 ft.), on Lot 37, Registered Plan 58M-331, 15 Country Clair Street, 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. 4. Submission No.: Applicant: Property Location: Lecal Descriotion: Appearances: In Support: Contra: Written Submissions: Carried A 2005-065 Gary Palamar 162 Queen Street North Lot 3 Plan 33 Mr. G. Palamar None None COMMITTEE OF ADJUSTMENT 185 OCTOBER 11, 2005 4. Submission No.: A 2005-065 !Cont'd) The Committee was advised that the applicant requests permission to increase the maximum permitted building height of the underside of any fascia for an accessory building from 3 m (9.84 ft.) to 3.85 m (12.63 ft.) to facilitate the reconstruction of a detached garage which was damaged by fire. The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, advising they have no objections to the proposed variance, provided the new construction conforms to the Ontario Building Code. A building permit is required for new construction, and that the rear wall and sidewall (facing property lines) require a 45-minute fire resistance rating. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Gary Palamar requesting permission to re-build a detached garage with a building height to the underside of the fascia of 3.85 m (12.63 ft.) rather than the permitted 3 m (9.84 ft.), on Lot 3, Registered Plan 33, 162 Queen Street North, 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.: A 2005-066 Applicant: Patricia Wight Property Location: 38 Fairfield Avenue Lecal Descriotion: Lot 7 Plan 736 Appearances: In Support: Mr. J. Wight Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a roofed deck at the rear of the existing single detached dwelling with a side yard of 0.94 m (3.08 ft.) rather than the required 1.2 m (3.94 ft.). The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, advising they have no objections to the proposed variance. Note that a building permit is required for any new construction. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. Mr. Wight provided the Committee members with a survey of the abutting property and advised the neighbours have no concerns with his wife's application. He advised the deck will be approximately 32 inches above grade. COMMITTEE OF ADJUSTMENT 186 OCTOBER 11, 2005 5. Submission No.: A 2005-066 !Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Patricia Wight requesting permission to construct a roofed deck at the rear of the existing single family dwelling with a side yard of 0.94 m (3.08 ft.) rather than the required 1.2 m (3.94 ft.), on Lot 7 and Part Lot 6, Registered Plan 736, 38 Fairfield 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. Carried 6. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-067 Katharine Maurice 12 Park Street Lot 6 Plan 298 Appearances: In Support: Ms. K. Maurice Contra: Mr. & Mrs. 1. Barros Mr. L. Zettel Written Submissions: Mr. & Mrs. 1. Barros Mr. R. Schultz & Ms. M. Macar The Committee was advised that the applicant requests permission for 2 parking spaces to be located 0 m from the street line rather than the required 3 m (9.84 ft.) and to permit 2 of the 3 required parking spaces for a personal services home business to be arranged in tandem, to recognize the current parking layout and allow the applicant to operate a personal services home business from the existing single detached dwelling. The Committee considered the report of the Development & Technical Services Department, dated October 5,2005, advising they have no objections to the proposed variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. The Committee considered the written submissions from neighbourhood residents in opposition to this application. Mr. Barros addressed the Committee advising there are already problems with traffic on this portion of Park Street because it is close to the corner with Victoria Park. They already have a problem with poor visibility when exiting their driveway, and additional parked cars at the front of 12 Park Street will increase the magnitude of this existing problem. Further, the neighbour previously widened her driveway to 30 feet, and the City had to require her to reduce the driveway width. Mr. Barros advised their other concern is with preserving the heritage aspect of their neighbourhood, which is part of the Heritage Conservation District. When questioned by the Committee, Ms. Maurice advised her driveway is 22 feet wide. COMMITTEE OF ADJUSTMENT 187 OCTOBER 11, 2005 6. Submission No.: A 2005-067 !Cont'd) Mr. Zettel advised a similar situation arose at 60 Park Street, which abuts his property, and which was previously used for student housing. There were problems with long grass and poor maintenance. The land on Park Street slopes down from Victoria Street to Victoria Park. There are traffic problems on the street, including the problems with traffic coming from the park, and with speeding cars. He noted property owners on this portion of Park Street have invested a lot of money in their properties. Ms. Malone-Wright advised the home business proposed by the applicant is a permitted use, and for this use three parking spaces are required. She noted the City's Heritage Planner has no concerns with this application. Ms. Maurice advised she has lived at 12 Park Street for two years. The front yard was dug-up to install the water service, and she did not have enough money to replace the lawn after the water service was installed. With respect to the home business, she advised it will operate four to five days a week until 7:00 p.m. Mr. Janecki advised he visited the property and had trouble backing out of the driveway, which he believed to be a safety problem. He stated he was not prepared to support this application. It was noted by staff that the applicant could pave the entire rear yard in order to provide the required parking. Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Katharine Maurice requesting permission to locate 2 parking spaces 0 m from the street line along Park Street rather than the required 3 m (9.84 ft.), and to permit 2 of the 3 parking spaces required for a personal services home business to be arranged in tandem, on Lot 6, Plan 298, 12 Park Street, 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 2005-068 Jan Zavitsky 4 Old Cottage Place Block 17 & Part Block 48, Registered Plan 58M-181, being Parts 167, 168 193 194 226 & 227 Reference Plan 58R-12968 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, November 15, 2005. 8. Submission No.: Applicant: Property Location: Lecal Descriotion: A 2005-069 Branka Omaljev 26 Broken Oak Crescent Lot 499 Plan 1426 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, November 15, 2005. COMMITTEE OF ADJUSTMENT 188 OCTOBER 11, 2005 CONSENT 1. Submission No.: Applicant: Property Location: Lecal Descriotion: B 2005-058 Huron Woods Development (Kitchener) Inc. 1550 & 1560 Battler Road Lot 18 Plan 1471 Appearances: In Support: Mr. M. Code 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 Strasburg Road of 120.6 m (395.67 ft.), an irregular depth of approximately 204 m (669.29 ft.), and an area of 1.68 ha (4.15 ac.). The retained parcel of land would have a lot width on Battler Road of 195.3 m (640.75 ft.), a depth at the shortest point of approximately 150 m (492.13 ft.) and an area of 5.75 ha (14.2 ac.). A site plan application is currently being considered for the proposed retained lands to permit the development of these lands with an industrial warehouse use and storm water management area. There are no development plans for the proposed severed lands at this time. The Committee considered the report of the Development & Technical Services Department, dated October 6, 2005, advising the application for severance is proposing to convey an irregular shaped parcel of land with 44 metres of frontage onto Strasburg Road and 1.6 hectares in size. The retained parcel is also irregular in shape with 40 metres of frontage onto Battler Road and 5.8 hectares in size. It has a house and shed on it which will be demolished soon to make way for a proposed warehousing operation. A site plan for the proposed retained parcel of land has also been received and was approved in principle on September 7, 2005. A portion of this parcel is also to be developed with a storm water management facility for which the lands described as Part 1, 58R-12807 are proposed to be deeded to the City. There are no development plans for the proposed severed lands at this time. The subject lands are designated as Business Park in the Municipal Plan and zoned Business Park (B-2, B-2 211 U and B-2 1 R) in Zoning By-law 85-1. 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 use of the retained parcel is in conformity with the City's Municipal Plan and Zoning By-law and the size of the proposed severed parcel is suitable in size to accommodate a variety of uses in the "B-2" zone, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land are proposed to be serviced with independent and adequate service connections to municipal services. The application therefore meets the policies of the Municipal Plan and requirements of Zoning By-law 85-1. Based on the foregoing, Planning staff recommends that the application for consent be approved. Engineering staff request the conveyance of the storm water management facility on the proposed retained parcel of land and require that the owner demonstrate that both the severed and retained parcels can be adequately serviced with municipal services. That application B2005-058 be approved subject to the following conditions: 1. That the owner demonstrate to the satisfaction of the City's Engineering Services that both the severed and retained parcels can be adequately serviced with full municipal services and if necessary make financial arrangements for the installation of all new service connections to the satisfaction of the City's Engineering Services. 2. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 189 OCTOBER 11, 2005 1. Submission No.: B 2005-058 !Cont'd) 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the owner convey to the City of Kitchener, without cost and free of encumbrance, the lands proposed for a storm water management facility described as Part 1 on Reference Plan 58R-12807. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated October 6, 2005, advising they have no objections to this application. The Committee considered the comments of the Grand River Conservation Authority, dated September 30, 2005, advising they have no objections to this application, and noting the limits of the severed land are located outside the wetland boundary and 7.5 m no-touch buffer recommended for plan of subdivision 30T-83006. Mr. Code advised that the applicant agrees with the staff reports. With respect to the stormwater management pond, he advised it was constructed in 2000, is in use now, and will soon be conveyed to the City of Kitchener. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Huron Woods Development (Kitchener) Inc. requesting permission to convey a parcel of land to have a width on Strasburg Road of 120.6 m (395.67 ft.), an irregular shape, and an area of approximately 1.68 ha (4.15 ac.), on Part Lot 17, Registrars Complied Plan 1471, 1550 & 1560 Battler Road, 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 owner shall demonstrate, to the satisfaction of the City's Engineering Services, that both the severed and retained lands can be adequately serviced with full municipal services, and if necessary make financial arrangements for the installation of all new service connections, to the satisfaction of the City's Engineering Services. 3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg(AutoCad) or .dgn(Microstation) format as well as two full size paper copies of the plan(s). The digital plan shall be submitted according to the City of Kitchener's digital submission standards, to the satisfaction of the City's Mapping Technologist. 4. That the owner shall convey to the City of Kitchener without cost and free of incumbrance, the lands proposed for a stormwater management facility described as Part 1, Reference Plan 58R-12807. 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. COMMITTEE OF ADJUSTMENT 1. Submission No.: B 2005-058 !Cont'd) 190 OCTOBER 11, 2005 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 October 11, 2007. CONSENT & MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: Submission No.: Applicant: Property Location: Legal Description: Carried B 2005-052 Irene Amy 34 & 36 Bloomingdale Road Lot 16 & Part Lot 17, Small Lots North of Peter Hornings Tract, being Part 2 Reference Plan 58R-6320 - and - A 2005-070 Irene Amy 34 & 36 Bloomingdale Road Lot 16 & Part Lot 17, Small Lots North of Peter Hornings Tract, being Part 2 Reference Plan 58R-6320 In Support: Appearances: Contra: Written Submissions: Mr. W. Appleby Mr. K. Amy None None The Committee was advised that the applicant requests permission to sever a portion of the property, resulting in two lots, one which would contain the industrial use and asphalt driveway, and the remaining parcel would contain the single detached residential use. The severed industrial lot would have an area of 2023 sq. m. (21,776 sq. ft.), a width of 25.23 m (82.77 ft.), and a depth of 86.48 m (283.72 ft.). The remaining residential lot would have an area of 1,927 sq. m. (20,742.73 sq. ft.), a frontage of 19.21 m (63.02 ft.), and a depth of 91.76 m (301.04 ft.). The applicant also requests minor variances to allow a lot width of 25.2 m (82.77 ft.) for the proposed severed parcel municipally addressed as 34 Bloomingdale Road and a lot width of 19.2 m (63.02 ft.) for the proposed retained parcel addressed as 36 Bloomingdale Road. The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, advising they have no objections to the proposed variance for A 2005- 070. B 2005-052, no objections, provided the following conditions are contained in any approval. 1. That Minor Variance Application A2005-070 receive final approval. 2. That the owner demonstrate to the satisfaction of the City's Engineering Services that both the severed and retained parcels can be adequately serviced with full municipal services and if necessary make financial arrangements for the installation of all new service connections to the satisfaction of the City's Engineering Services. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 191 OCTOBER 11, 2005 1. Submission No.: B 2005-052 & A 2005-070 !Cont'd) 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with Submission No. A 2005-070. The Committee considered the comments from the Region of Waterloo Planning, Housing and Community Services, dated September 7, 2005 and October 6, 2005, stating they have no objections to the approval of Submission No. B 2005-052, subject to the dedication of a road widening to the Region, and a noise warning clause. The Committee considered the comments of the Grand River Conservation Authority, dated October 5, 2005, advising they have no concerns with these applications; however, any future construction on these properties will require a permit from them. Submission No. B 2005-052 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Irene Amy requesting permission to convey a parcel of land having a width of 25.23 m (82.77 ft.), a depth of 86.48 m (283.72 ft.), and an area of 2023 sq. m. (21,776 sq.ft.), on Part Lots 16 & 17, Small Lots North of Peter Hornings Tract, 34 Bloomingdale Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2005-0070. 2. 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. 3. That the owner shall submit to the Secretary-Treasurer a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the owner shall demonstrate, to the satisfaction of the City's Engineering Services, that both the severed and retained lands can be adequately serviced with full municipal services, and if necessary make financial arrangements for the installation of all new service connections to the satisfaction of the City's Engineering Services. 5. That the owner shall convey to the Region of Waterloo a 17 foot road widening across the Bloomingdale Road frontage of the retained land and the driveway portion of the severed land, and enter into an encroachment agreement with the Region of Waterloo for the sign located on this land; further, the sign location shall be detailed on the reference plan. 6. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clause on all offers of purchase and sale and on all rental agreements for the land to be retained: "Due to its proximity to Bloomingdale Road and abutting industrial noise sources, projected noise levels on this property exceed noise level objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals." 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. COMMITTEE OF ADJUSTMENT 192 OCTOBER 11, 2005 1. Submission No.: B 2005-052 & A 2005-070 !Cont'd) 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 October 11, 2007. Carried Submission No. A 2005-070 Moved by D. Angel Seconded by Z. Janecki That the application of Irene Amy requesting permission for the severed land (34 Bloomingdale Road) to have a lot width of 25.2 m (82.77 ft.) rather than the required 44.4 m (145.67 ft.), and for the retained land (36 Bloomingdale Road) to have a lot width of 19.2 m (63.02 ft.) rather than the required 44.4 m (145.67 ft.), on Part Lots 16 & 17, Small Lots North of Peter Hornings Tract, 34 & 36 Bloomingdale 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 ADJOURNMENT On motion, the meeting adjourned at 11 :30 a.m. Dated at the City of Kitchener this 11th day of October, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment