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HomeMy WebLinkAboutAdjustment - 2005-11-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 15~ 2005 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer & Ms. T. Kraemer, Administrative Clerk. Mr. P. Britton, Chair, called this meeting to order at 9:41 a.m. MINUTES Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the minutes of the regular meeting of the Committee of Adjustment, of October 11 , 2005, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS 1 . Submission No.: Applicant: Property Location: Leaal DescriDtion: A 2005-063 Jan Mlynski 35 Lynn Court Lot 40, Reaistered Plan 58M-275 Appearances: I n Support: Mr. J. Mlynski Contra: None Written Submissions: Mr. C. Ferreira The Committee was advised that the applicant requests legalization of existing steps in the side yard having a setback of 0.1 m (0.33 ft.) rather than the required 0.75 m (2.46 ft.). The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, advising the intent and purpose of a side yard setback is to ensure adequate separation between buildings and accessory structures on properties and to allow for access and maintenance of those buildings and accessory structures. The general regulations of Zoning By-law 85-1 require that all steps and access ramps be located a minimum distance of 0.75 metres from a side property line. In the case of the subject property, the application is proposing that the steps in the side yard be located a minimum distance of 0.1 m from the side lot line. A letter of consent to the proposed setback of the steps was received from the neighbouring property owner at 39 Lynn Court. Although the adjacent property owner has expressed no objections to the variance, ownership of this property has the potential to change and there is the question of future maintenance of the steps should they only be located 0.1 m from the side lot line. Without some sort of maintenance easement over the lands at 39 Lynn Court, staff are of the opinion that variance would not meet the intent of the zoning by-law. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated September 30, 2005, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 194 NOVEMBER 15, 2005 1. Submission No.: A 2005-063 (Cont'd) The Committee considered the written submission of Mr. C. Ferreira, the abutting neighbour most directly affected by this application, advising he is in support of this application. Mr. Mlynski noted his neighbour is in support of this application; further, the door from the house is 2' to 3' above grade, and he needs access to the door. Also, because of the grade, the stairs provide access from the front to the back of the lot. Ms. Malone-Wright explained the staff recommendation of refusal. She noted staff have sympathy for the applicant's situation, but have concerns regarding maintenance of the stairs. She advised she does not have an explanation as to why a building permit was issued to allow a door on that side of the house. The Chair stated the situation is that the house and garage are already there, and a building permit was obtained. The neighbour directly affected is not opposed to this application; and, if the neighbour changes, the steps can be removed. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Jan Mlynski requesting legalization of steps in the side yard having a setback of 0.1 m (0.33 ft.) rather than the required 0.75 m (2.46 ft.), on Lot 40, Registered Plan 58M-275, 35 Lynn Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 2. Submission No.: Applicant: Property Location: Legal Description: Carried 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 consideration of this application until its meeting of December 6, 2005, on the understanding that if no one appears in support of this application at that time, this application will be dismissed. 3. Submission No.: Applicant: Property Location: Leaal DescriDtion: Appearances: I n Support: Contra: Written Submissions: A 2005-069 Branka Omaljev 26 Broken Oak Crescent Lot 499, Plan 1426 Mr. M. Omaljev None None The Committee was advised that the applicant requests permission to construct a carport with a front yard setback of 4 m (13.12 ft.) rather than the required 6 m (19.69 ft.) and a side yard of 0.9 m (2.95 ft.) rather than the required 1.2 m (3. 94 ft.). COMMITTEE OF ADJUSTMENT 195 NOVEMBER 15, 2005 3. Submission No.: A 2005-069 (Cont'd) The Committee considered the report of the Development & Technical Services Department, dated October 5, 2005, in which Building Division staff advise they have no objection to this application; however, as a building permit has been issued with the required setbacks, revised plans must be submitted to the building inspector if the variance receives final approval. 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. B. Isaac That the application of Branka Omaljev requesting permission to construct a carport with a front yard setback of 4 m (13.12 ft.) rather than the required 6 m (19.69 ft.) and a side yard of 0.9 m (2.95 ft.) rather than the required 1.2 m (3. 94 ft.), on Lot 499, Plan 1426, 26 Broken Oak Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried This meeting recessed at 9:52 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Fence By-law, and reconvened at 10:10 a.m. with the following members present: Ms. D. Angel and Messrs P. Britton and B. Isaac. MINOR VARIANCE 1 . Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-071 Stamm Investments Limited 188 Margaret Avenue Part Lots 3 & 4, Plan 373 and Lot 522, Plan 376 Mr. P. Britton declared a pecuniary interest in this application as his planning firm has previously done work for the property owner, and did not participate in any discussion or voting with respect to this application. Mr. B. Isaac chaired the meeting during consideration of this application, which was considered by the remaining 2 members. Appearances: I n Support: Mr. C. Huriart Mr. A. Loschnig Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to eliminate the requirement for 6 new dwelling units on the ground floor to have an exclusive use patio area adjacent to the unit, with direct access to each unit, and provide instead a shared outdoor patio/amenity area of 85.5 m2 (920.34 sq. ft.) accessible from a shared entry. The Committee considered the report of the Development & Technical Services Department, dated November 4, 2005, advising the subject property is located on the east side of Margaret Avenue between Adam and Blucher Streets. It is developed with a 131-unit high rise apartment COMMITTEE OF ADJUSTMENT 196 NOVEMBER 15, 2005 1. Submission No.: A 2005-071 (Cont'd) building that was built in 1964. The current zoning is R-8 (Residential Eight) under By-law 85-1 which permits the multiple dwelling. The owner wishes to convert storage and recreational use areas on the ground level to create six new dwelling units. The applicant is requesting a minor variance to permit the six ground level dwelling units to access a common amenity area via a common access rather than an exclusive use patio area adjacent to the unit with direct access to such unit. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Municipal Plan and Zoning By-law for the following reason. The intent of the regulation is to provide dwelling units with access to an outdoor amenity area. This will be provided but because of the existing building design the access and amenity area will be shared between the units. The variance is minor for the following reasons. The applicant states that structural conditions do not make separate access from to each unit to the outside possible. The building has existed since 1964 which is before the by-law requiring exclusive use patio areas for dwelling units. Staff notes that it is not feasible to construct separate access to each unit in the existing building structure. However the owner will provide the proposed six dwelling units with an access via a common hallway to a common use amenity area. Staff is of the opinion that this situation is considered minor in nature. The variance is appropriate for the development and use of the land for the following reason. It is noted that it would be desirable for each residential dwelling unit to have an outdoor amenity area. In this case the area proposed is to be shared as the existing structure does not permit conversion of the building to create separate accesses. The shared amenity area is 85.5 sq.m. in size and this exceeds the minimum individual requirement of 11 sq.m for each unit (total 66 sq.m.). In considering that the building has existed for some time and the difficulty with providing separate access and that more than adequate outdoor area is provided, this request is deemed to be appropriate for the development of the property. Based on the foregoing, Planning staff recommend the application be approved. Mr. Loschnig explained the owner wishes to close the existing swimming pool and build 6 more residential units with a common patio area. Further, there is enough on-site parking to accommodate these additional units. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Stamm Investments Limited requesting permission to eliminate the requirement for 6 new dwelling units on the ground floor to have an exclusive use patio area adjacent to the unit, with direct access to each unit, and provide instead a shared outdoor patio/amenity area of 85.5 m2 (920.34 sq. ft.) accessible from a shared entry, on Part Lots 3 & 4, Plan 373 and Lot 522, Plan 376, 188 Margaret 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. COMMITTEE OF ADJUSTMENT 197 NOVEMBER 15, 2005 1. Submission No.: A 2005-071 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 2. Mr. P. Britton resumed the chair at this time. Carried Submission No.: Applicant: Property Location: Leaal Descriotion: Appearances: I n Support: Contra: Written Submissions: A 2005-072 Monarch Corporation 269 Ridgemere Court Lot 18, Plan 58M-337 Mr. J. Chen None None The Committee was advised that the applicant requests permission to construct a single family dwelling with a rear yard of 7.3 m (23.95') rather than 7.5m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising they have no objections to the proposed variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Monarch Corporation requesting permission to construct a single family dwelling with a rear yard of 7.3 m (23.95') rather than the required 7.5m (24.6'), on Lot 18, Plan 58M-337, 269 Ridgemere Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 3. Submission No.: Applicant: Property Location: Leaal Descriotion: Carried A 2005-073 Sorin Surducan 6 Black Maple Crescent Lot 2, Plan 58M-326 Mr. P. Britton declared a pecuniary interest in this application as his planning firm acts for the developer of this plan of subdivision, and did not participate in any discussion or voting with respect to this application. Mr. B. Isaac chaired the meeting during consideration of this application, which was considered by the remaining 2 members. Appearances: I n Support: Mr. S. Surducan COMMITTEE OF ADJUSTMENT 198 NOVEMBER 15, 2005 3. Submission No.: A 2005-073 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a single family dwelling with a front yard setback of 5m (16.4') rather than 6m (17.24'), and a rear yard from the proposed roofed deck of 3.8m (12.46') rather than 7.5m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising they have no objections to the proposed variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Sorin Surducan requesting permission to construct a single family dwelling with a front yard setback of 5m (16.4') rather than 6m (17.24'), and a rear yard from the proposed roofed deck of 3.8m (12.46') rather than the required 7.5m (24.6'), on Lot 2, Plan 58M-326, 6 Black Maple Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Mr. P. Britton resumed the chair at this time. 4. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-074 James Walton 94 Randerson Avenue Pt Lot 46, Plan 651 Appearances: I n Support: Mr. J. Walton Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of a one storey 13.3 sq. m. (143.16 sq. ft.) addition on the westerly side of the house, having a side yard of Om rather than 1.2m (3.93'). The Committee considered the report of the Development & Technical Services Department, dated November 6, 2005, advising the Committee of Adjustment approved the requested minor variance for a 0 metre side yard in August of 2005 subject to two conditions. One of the conditions required the owner to obtain an easement over the neighbouring property at 90 Randerson Avenue for the encroachment of the eaves of the addition and for the maintenance of the side of the addition. The applicant has advised that the owner of 90 Randerson Avenue although once appeared in support of the condition has changed his mind and consequently, the COMMITTEE OF ADJUSTMENT 199 NOVEMBER 15, 2005 4. Submission No.: A 2005-074 (Cont'd) applicant is not able to fulfill the conditions of the minor variance and has had to reapply to the Committee. The intent and purpose of a 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 metres from a side property line. As noted in the previous staff report to the Committee on the minor variance, in the case of the subject property, with a reduction of the required side yard setback to 0 metres 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 metres would not meet the intent of the zoning by-law. Staff also notes that it would have been difficult to obtain a functional easement over the property at 90 Randerson Avenue as a carport appears to be located less than 1.2 metres from the property line. Consequently, there would not be any room on the property at 90 Randerson Avenue to provide for access and maintenance to the addition on the subject property. In terms of impact on adjacent properties and the streetscape, the impacts 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. Staff is sympathetic to the inability to meet the required setback and the inability of the applicant to obtain a functional easement over the neighbouring property at 90 Randerson Avenue. Although staff are of the opinion that a 0 metre side yard does not meet the intent of the zoning by-law, staff recognizes that the situation exists on both properties and both properties appear to function without adversely impacting one another. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Ms. Malone-Wright explained the applicant is again before this Committee because he can not fulfil one of the conditions of his previous approval, as his neighbour is no longer willing to allow a maintenance easement on his property. She further advised that if the applicant can't fulfil this condition, the City's Enforcement staff will require removal of the addition. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of James Walton requesting legalization of a one storey 13.3 sq. m. (143.16 sq. ft.) addition on the westerly side of the house, having a side yard of 0 m rather than the required 1.2m (3.93'),on Pt Lot 46, Plan 651, 94 Randerson Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the addition which is the subject of this application shall comply in all respects with the Ontario Building Code, within one year of final approval of this application. 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 5. Submission No.: Applicant: Property Location: Leaal Descriotion: Appearances: I n Support: Contra: Written Submissions: 200 NOVEMBER 15, 2005 A 2005-075 Roger Braun 115 Becker Street Pt Lot 3, Plan 819 Mr. R. Braun None None The Committee was advised that the applicant requests permission to construct a detached garage in the rear yard, to store a recreational vehicle, to have a height to the underside of the fascia of 4.27m (14') rather than 3m (9.84'). The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising they have no objections to the proposed variance. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. The Committee considered the comments of the Ministry of Transportation, dated November 1, 2005, advising the owner should be aware that permits are required from the Ministry of Transportation before any grading/construction commences within 45 m of any property limit of Highway 7 & 8. The drawing submitted with the application identifies a setback distance of 20 ft. from the expressway trail. The Ministry requires a minimum setback of 14 m (46 ft.) from our highway limit for all structures. Prior to issuing permits we will require the submission of a site plan identifying the location of the proposed garage in relation to the highway limit. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Roger Braun requesting permission to construct a detached garage in the rear yard, to store a recreational vehicle, to have a height to the underside of the fascia of 4.27m (14') rather than the required 3m (9.84'), on Pt Lot 3, Plan 819, 115 Becker Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain approval from the Ministry of Transportation for construction of this proposed, detached garage. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 6. Submission No.: Applicant: Property Location: Leaal Descriotion: Appearances: I n Support: Carried A 2005-076 Eugene & Susan Lauber 7 Fischer Court Lot 148, Plan 58M-316 Ms. S. Lauber COMMITTEE OF ADJUSTMENT 201 NOVEMBER 15, 2005 6. Submission No.: A 2005-076 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an accessory building in the rear yard to have a height of 5.79m (19') rather than 5.5m (18'), and a height to the underside of the fascia of 3.96m (13') rather than 3m (9.84'). The Committee considered the report of the Development & Technical Services Department, dated November 4, 2005, advising the subject property is located in the Doon South community and is legally described as lot 148, 58M-316. A single detached home is situated on the property, which is zoned Residential Four (R-4) 32H in By-law 85-1 and designated as Low Rise Residential in the City's Official Plan. The log house is listed in the City's Heritage Inventory as a structure of heritage interest. Surrounding land use is single detached residential. The applicant is proposing to erect an accessory building that exceeds the maximum height requirements of the Zoning By-law. As such, the applicants are requesting a minor variance to allow an accessory building to have a maximum height of 5.8 metres instead of the required 5.5 metres and to have a maximum height of 3.9 metres to the underside of the fascia rather than the permitted 3.0 metres. In order to maintain the log house structure, the applicants wish to erect the accessory building to be used as craft and music rooms, resulting in the two-storey plan. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Zoning By-law as accessory buildings are permitted in all zones; the accessory building does not exceed the maximum150/o lot coverage; according to the attached sketch, and sufficient side yard is being maintained. Additionally, the attached photos provided by the applicant clearly demonstrate that the impact of the proposed height will be neglible as the dwellings on surrounding properties are two storey in height and the homes to the west are situated on higher ground. Therefore, staff are of the opinion that the requested height variance is minor and is appropriate for the development and use of the land. The variance meets the intent of the Municipal Plan as an accessory building to the single detached dwelling is in keeping with both the Low Rise Residential designation of the Official Plan and heritage policies. The City's Heritage Planner has reviewed the application and the plans and is of the opinion that this request will not further impair "... the context of within which the log house is situated, nor impact the cultural heritage attributes of the log house structure itself". Based on the foregoing, Planning staff recommends that the application be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Mrs. Lauber advised the accessory building will be used as a pool house with an office upstairs, and will contain a washroom and shower. She noted they have already discussed installation of the pool with a contractor, but did not want to sign a contract until this application is approved. Ms. Malone-Wright confirmed an accessory building for the uses identified by the applicant are permitted, and the only use which is not permitted is human habitation. Staff does not object to the washroom in this accessory building provided that the pool is installed. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Eugene & Susan Lauber requesting permission to construct an accessory building in the rear yard to have a height of 5.79m (19') rather than the required 5.5m (18'), and a height to the underside of the fascia of 3.96m (13') rather than the required 3m (9.84'), on Lot COMMITTEE OF ADJUSTMENT 202 NOVEMBER 15, 2005 6. Submission No.: A 2005-076 (Cont'd) 148, Plan 58M-316, 7 Fischer Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the washroom proposed to be installed in the subject accessory building shall be removed if a swimming pool is not installed on this property within 1 year of the issuance of the building permit for the proposed accessory building. 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: Leaal Descriotion: A 2005-077 Decora Homes Inc. 3 Mahogany Street Lot 34, Plan 58M-342 Appearances: I n Support: Mr. K. Hillis Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a driveway of variable width resulting in a portion of the easterly side of the driveway at the corner of the attached garage, being located 8.55 m (28') from the intersection of Mahogany Street and Prosperity Drive rather than the required 9 m (29.52'). The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising no objections, provided the following conditions are contained in any approval: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.55 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Decora Homes Inc. requesting permission to construct a driveway of variable width resulting in a portion of the easterly side of the driveway at the corner of the attached garage, being located 8.55 m (28') from the intersection of Mahogany Street and Prosperity Drive rather than the required 9 m (29.52'), on Lot 34, Plan 58M-342, 3 Mahogany Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 203 NOVEMBER 15, 2005 7. Submission No.: A 2005-077 (Cont'd) 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.55 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 8. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-078 Eastforest Homes Ltd. 621 Activa Avenue Lot 27, Plan 58M-308 Appearances: I n Support: Mr. K. Hillis Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a driveway of variable width resulting in a portion of the easterly side of the driveway at the corner of the attached garage, being located 8.4 m (27.55') from the intersection of Activa Avenue and Henhoeffer Crescent rather than the required 9 m (29.52'). The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising no objections, provided the following conditions are contained in any approval: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.4 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Eastforest Homes Ltd. requesting permission to construct a driveway of variable width resulting in a portion of the easterly side of the driveway at the corner of the attached garage, being located 8.4 m (27.55') from the intersection of Activa Avenue and COMMITTEE OF ADJUSTMENT 204 NOVEMBER 15, 2005 8. Submission No.: A 2005-078 (Cont'd) Henhoeffer Crescent rather than the required 9 m (29.52'), on Lot 27, Plan 58M-308, 621 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.4 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 9. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-079 Hidekazu Takaya 58 Bradley Drive Lot 55, Plan 1170 Appearances: I n Support: Mr. J. Hiuser Mr. F. Teneyck Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a new carport with a rear yard of 3.2m (9.19') rather than the required 7.5m (24.61 '); also, permission to construct a driveway of variable width resulting in a portion of the westerly side of the driveway being located approximately 21 m ( 68.89') from the intersection of Bradley Drive and Bradley Place rather than the required 26.8 m (87.92'), in order to provide a driveway the same width as the parking spaces in the proposed carport and existing garage. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Hidekazu Takaya requesting permission to construct a new carport with a rear yard of 3.2m (9.19') rather than the required 7.5m (24.61 '); also, permission to construct a driveway of variable width resulting in a portion of the westerly side of the driveway being located approximately 21 m ( 68.89') from the intersection of Bradley Drive and Bradley Place rather than the required 26.8 m (87.92'), in order to provide a driveway the same width as the parking spaces in the proposed carport and existing garage, on Lot 55, Plan 1170, 58 Bradley Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 205 NOVEMBER 15, 2005 9. Submission No.: A 2005-079 (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 10. Submission No.: Applicant: Property Location: Legal Description: A 2005-080 L.P. Holdings Inc. 521 King Street West Lot C and Part Lots 1-3, 7-18 and A & B, Plan 420 and Part Lot 488, Plan 375, beina Part 6, Reference Plan 58R-8902 Appearances: I n Support: Mr. D. Parent Mr. L. Khoubesserian Ms. D. Johnston Mr. R. Mounsey Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to increase the maximum yard setback of the ground floor fagade of a building abutting a street from 2 m (6.56') to 15 m (49.21 '), a reduction of the minimum required setback of an unsupported canopy from a street line from 0.5 m (1.64') to 0.1 m (0.32'), and to permit proposed parking spaces and parking aisles to be located a minimum distance of 2.5 m (8.2') from the King Street property line rather than 3 m (9.84'). The Committee considered the report of the Development & Technical Services Department, dated November 8, 2005, advising the subject property is located on the north-west corner of the Victoria/King Street intersection on the former Epton lands. The site is approximately 2.35 ha in size, and has remained vacant since 1997 (8 years). The site is located in the downtown boundary, and is subject to the Warehouse District land use policies, Community Improvement Plan incentives and strategies identified in the Downtown Strategic Plan. The Downtown Strategic Plan supports a new university campus to be developed at the former Epton lands. The Downtown Strategic Plan requires a Design Brief (or master plan) to guide development on these lands. Design Brief The University of Waterloo worked with the City to develop a Design Brief attached in Appendix A. The Design Brief was approved by Council on September 19th, 2005, and clearly defines the City's design and development expectations for the site. The Design Brief, which includes a series of Council approved design guidelines, establishes the primary development principles for the site and provides direction for municipal planning approvals including site plan approval and possible minor variances. Development Proposal The University of Waterloo is proposing to develop a 200,000 sf university campus for the School of Pharmacy in three separate phases. The proposed development will create a landmark COMMITTEE OF ADJUSTMENT 206 NOVEMBER 15, 2005 10. Submission No.: A 2005-080 (Cont'd) building at the gateway intersection that is compatible with the surrounding built form and Warehouse District Character. Warehouse compatibility will be achieved through several design principles, including a strong, urban built form that addresses the street (reflective of the existing industrial built form), provide a large, articulated front entrance which includes an overhead cantilevered canopy for pedestrian comfort, vertical fagade expression and specific architectural features such as the proposed chimney/smoke stack. The first phase of development will consist of approximately 100,000 sf shown in the preliminary site plan attached in Appendix B. Phase 1 will include a 7-9 storey tower at the intersection, connected by a 4-5 storey wing along King Street. Temporary parking will continue to be used on the existing surface parking spaces, and will be relocated to the rear of the site to accommodate the future development phases. The University wishes to open the first phase of development by September 2007 and construct the remaining phases to accommodate the final graduating year class. Given the established time lines and obligations, a minor variance application is required at this time to facilitate the site plan process. Road Widenings The site is located on two Regional roads and is subject to road widening requirements. King Street is also designed a primary transit corridor, and is being considered a primary route for rapid transit technology. The Region requires a 86 foot right of way, and through Regional Council decision, passed a resolution to protect King Street as a potential rapid transit route. A copy of the report and widening analysis is provided in Appendix C. Regional staff has retained a consultant to examine potential widening impacts, and has requested an average widening of 5.21 metres exceeding the current road widening requirement. City staff, and the University of Waterloo, are satisfied with this analysis subject to the Region ensuring a high level of design will be incorporated into any future road reconstruction project and ensuring minimal disruptions to the University operations. A transit underpass is proposed under the railway tracks, and will be evaluated through a separate environmental process. The end result is that the Region will require a significant road dedication along King Street, and a minor road dedication along Victoria Street. The University, with staff support, would like to provide an appropriate building setback to facilitate a comfortable pedestrian circulation system and minimize potential conflicts with traffic following future road reconstruction projects (which may include a retaining wall along King Street). As a result, the University consultants and staff agreed to establish a maximum 15 metres setback (from existing property line) which will be further reduced to a maximum setback of 9.3 metres after the widenings are dedicated. A 9-10 metre setback provides sufficient distance for pedestrian movement and comfort, maintains an appropriate street enclosure and provides opportunity for streetscape features. Planning Framework and Site Plan Submission The site is designated under the Municipal Plan as Warehouse District. The site is zoned Warehouse District Zone (D-6). This zoning implements the Municipal Plan policies and is indented to maintain a distinct industrial/warehouse character established through maximum yard setback requirements (maximum 2.0 metre setback) and minimum building fagade height requirement (6.0 metres). The site is also subject to the downtown parking regulations. The downtown parking provisions do not provide regulations for university campuses. Under the existing regulations, Phase 1 provides sufficient parking spaces however, future analysis will be required to accommodate full build out requirements. A parking variance is not required for Phase 1 . Over the last two months, the University of Waterloo has met City and Regional staff several times to review preliminary site plan drawings and concepts. On November 2nd, the University of Waterloo submitted a site plan application to the City based on previous meeting comments. The COMMITTEE OF ADJUSTMENT 207 NOVEMBER 15, 2005 10. Submission No.: A 2005-080 (Cont'd) site plan application implements the Design Brief guidelines, and illustrates the proposed building setbacks. The University has met with City and Regional staff numerous times and anticipate site plan approval later this month. A minor variance application is required to facilitate the site plan approval process. The University has completed working drawings for the first phase and fully understands building dimension requirements. The future development phases may require additional approvals, including possible minor variance approvals, to address specific development issues related to setbacks and parking requirements. Separate site plan applications will be submitted for the future development phases. Minor Variance Request The University of Waterloo has worked closely with the City of Kitchener to prepare a site plan for the first phase of development. Given the existing set of parameters, such as the building design drawings, regional road widening requirement, The purpose of this Minor Variance application is to facilitate the first phase of development. The variances are intended only to address the first phase and would apply to the remaining balance of the site. The proposed minor variances are noted below: 1. Propose a maximum yard setback of 15 metres from existing property line whereas a maximum yard setback of 2.0 metres is requires (Section 17.3). 2. Propose a minimum canopy setback of 0.1 metres whereas a minimum setback of 0.5 metres is required (Section 5.6.2) following road widening dedication; 3. Propose minimum landscaped setback of 2.5 metres whereas a minimum 3.0 metre setback to accommodate parking (Section 6.X.iv). This reduction provides some flexibility to accommodate the loading area located behind the building adjacent to King Street. Minor Variance Tests Staff carefully considered the appropriateness of this application and are satisfied that it meets the intent of the Planning Act by the following comments. 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 Warehouse District. This land use designation permits a broad range of land uses, including uses permitted in the Service Commercial District designation. Institutional, health offices, health clinics and accessory uses are permitted. Planning staff is of the opinion that the approval of the variances will meet the intent of the Zoning By-law. The primary intent of the zoning by-law is to reinforce the Warehouse District character primarily through built form regulations that encourage building mass oriented to the street. The proposed building is oriented to the street and maintains an appropriate street enclosure given the taller building heights and need for wider sidewalks to accommodate pedestrian circulation, streetscape features and the future road widening. The proposed widening maintains a maximum yard setback requirement (increased to 15 metre maximum), and will be further reduced when the road widening requirements are dedicated to the Region (within 10 metres) and reinforced with street trees. The proposed building setback maintains the general intent of the zoning by-law. A reduction to the parking setback also meets the general intent of the Zoning By-law. City staff will ensure that proper screening and landscaping is provided to buffer public sidewalks from internal site servicing/drive aisles. The proposed variances are appropriate for the development and use of the land for the following reasons. The proposed setbacks maintain an appropriate built form massing established through the Council approved Design Brief. The building is located close to the street and additional widenings are required to address the building footprint configuration, provide appropriate pedestrian comfort and provides sufficient distance to accommodate the future road widening dedications and streetscape features. The proposed development is compatible with the Warehouse District built form and will facilitate development approvals COMMITTEE OF ADJUSTMENT 208 NOVEMBER 15, 2005 10. Submission No.: A 2005-080 (Cont'd) process. The proposed variances are minor given the established vision and Council approved guidelines for this site. The basic intent of the Zoning By-law is maintained. The proposed reductions/expansion will also be further minimized/mitigated given the Regional road widening requirements and appropriate buffering techniques to be implemented through the site plan approval process. Based on the foregoing, Planning staff recommend that the application be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 9, 2005, advising they have no concerns with this application. The Chair requested an explanation as to how the Council approved Design Guidelines for this site comply with the zoning by-law, in terms of massing at the corner. Mr. Mounsey advised the zoning of this property is Warehouse District, citing the former Kaufman Footwear and 72 Victoria Street South as examples of former industrial buildings in this zoning category, and in the immediate area. He stated the zoning by-law is clear respecting building mass at the street. He advised the Region will be taking a substantial road widening along King Street, so that although the variance being requested is 14.9m, once the road widening is taken, it will only be a 9m setback. Also, with respect to the setback from King Street, pedestrian flow, and safety in relation to the railway right-of-way, must also be taken into consideration. Further, there is a potential for a light rail transit system along King Street, and this transit system will require an underpass at the railway tracks. Street trees will be required along the King Street frontage and there will be no parking between the building and the street. With respect to massing at the corner of King and Victoria Streets, Mr. Mounsey advised there will be a 9 storey tower at this corner with a setback of 2.5m. Respecting the requested reduced setback for parking and parking aisles, Mr. Mounsey noted this will allow for fire access to the site, and will allow for accommodation of the loading area behind the building. Mr. Mounsey then explained that Phase 1, to be completed by the fall of 2007, will consist of a 9 storey tower at the corner of King Street and Victoria Street, and a 4 - 5 storey wing along King Street. This phase will also include street trees and lighting along King Street. There will ultimately be 1200 students and faculty at this campus, which will include public transit, safety, lighting and landscaping. He advised this building will be larger than the Kaufman building and it will serve a different function. Also, there is a railway line running through this property which provides safety issues the Kaufman site does not have to consider. Ms. Johnston addressed the Committee advising the design for this development arose out of an interpretation of the by-law. It was conceived as a long warehouse style of building, punctuated at the corner with a tower. This keeps the corner monolithic, and allows an organized building with a strong main entry and a courtyard at the rear. With respect to subsequent phases, Mr. Parent advised the timing depends on funding. It is intended that Phase 2 will be completed before the first students graduate. Phase 3 is intended for a pharmacy, family medicine and a teaching facility. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of L.P. Holdings Inc. requesting permission to increase the maximum yard setback of the ground floor fagade of a building abutting a street from 2 m (6.56') to 15 m (49.21 '), a reduction of the minimum required setback of an unsupported canopy from a street line from 0.5 m (1.64') to 0.1 m (0.32'), and to permit proposed parking spaces and parking aisles to be located a minimum distance of 2.5 m (8.2') from the King Street property line rather than 3 m (9.84'), on Lot C and Part Lots 1-3, 7-18 and A & B, Plan 420, and Part Lot 488, Plan 375, being Part 6, Reference Plan 58R-8902, 521 King Street West, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 209 NOVEMBER 15, 2005 10. Submission No.: A 2005-080 (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 CONSENT 1 . Submission No.: Applicant: Property Location: Leaal Descriotion: B 2005-059 Diana Biuk 41 Amherst Drive Part Lots 27 & 30, Plan 578 Appearances: I n Support: Ms. D. Biuk Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land as a lot addition to an adjacent property to have a lot width of 18.29 m (60'), a depth of 27.43 m (90'), and an area of 501.69 m2 (5400 sq. ft.) There are currently no plans to develop the lands proposed to receive the lot addition. The retained parcel would have a width on Amherst Drive of 18.29 m (60'), a depth of 57.91 m (190'), and a lot area of 1,059.17 m2.(11 ,401.18 sq. ft.). The existing single detached dwelling on the retained parcel is proposed to be demolished and a new single detached dwelling is proposed to be constructed. The Committee considered the report of the Development & Technical Services Department, dated November 3, 2005, advising the subject property is located on Old Mill Road in the Lower Doon Area. The subject lands are zoned Residential Three Zone (R-3) with Special Regulation 319R (prohibits duplexing) and are designated Low Density Residential. The lands are located within Council approved Block Plan 58. The applicant is proposing to sever a 0.05 hectare parcel of land and convey it as a lot addition to the adjacent lands. The lands to which the severed parcel is being conveyed are vacant and are proposed for future residential development in accordance with Block Plan 58. The retained lands front onto Amherst Drive. There is a single detached dwelling and accessory buildings on the retained lands. These buildings are proposed to be demolished through Demolition Control Application DC 05/12/ A/SR. As the location of the buildings do not meet the minimum setback requirements under the R-3 zoning, the demolition control application will have to be approved and the buildings demolished prior to approval of the proposed severance application. The retained lands front onto Amherst Drive and conform to the site plan approved for Block Plan 58. Block Plan 58 proposes lots fronting onto Amherst Drive similar in size and dimension to the retained lot proposed through this application. The severance application results in a retained parcel with a lot configuration that is more compatible with the approved Block Plan and conforms to the R-3 zoning. The proposed lot is also appropriate development as it is compatible with the existing lots and units on Amherst Drive. The severed lands, when conveyed to the adjacent lands as proposed, provides for a consolidation of land that is also compatible with the future development plan approved in Block Plan 58. COMMITTEE OF ADJUSTMENT 210 NOVEMBER 15, 2005 1. Submission No.: B 2005-059 (Cont'd) City staff recommend approval of the proposed application, as the severed lands are being conveyed as a lot addition, the retained lands are compatible with the existing lots on Amherst Drive, and both the severed and retained lands are in conformity with the approved Block Plan. That application B-2005-059 be approved subject to the following conditions: 1 . That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges on both the severed and retained lands. 2. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 3. That the owner pay to the City of Kitchener a cash in lieu contribution for park dedication equal to 5010 of the value of the lands to be severed 4. That Demolition Control Application DC 05/12/A/SR be approved and all buildings on the proposed retained parcel be demolished prior to final approval. 5. 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. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated November 9, 2005, advising they have no objections to this application. Ms. Biuk noted that in the Notice of Hearing, the description of the land to be retained is incorrect, and the Secretary-Treasurer advised this would not affect the ability of the committee to hear this application this date. With respect to the conditions recommended by staff, it was noted the demolition of the existing buildings, for which a demolition control application has been submitted, would have to take place prior to deed endorsement. With respect to the condition for payment of a 5010 contribution for parkland, Ms. Biuk noted she had made a request of staff that the payment be deferred to the time of a plan of subdivision for the land to which these lands will be added. Ms. Malone-Wright advised confirmed staff have agreed to this request. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Diana Biuk requesting permission to sever a parcel of land as a lot addition to an adjacent property to have a lot width of 18.29 m (60'), a depth of 27.43 m (90'), and an area of 501.69 m2 (5400 sq. ft.), on Part Lots 27 & 30, Plan 578, 41 Amherst Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1 . That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges on both the severed and retained lands. 2. That the lands to be severed in this application be added to the abutting lands and title be taken into identical ownership as the abutting lands; any subsequent conveyance of the parcel to be severed complying with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT 211 NOVEMBER 15, 2005 1. Submission No.: B 2005-059 (Cont'd) 3. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title, wherein the owner agrees to pay the 5010 parkland dedication fee for the land to be severed in this application when Block Plan 58, or lands within the Block Plan 58 boundary containing the severed land, proceed to draft approval or other development approval. 4. That the owner shall receive final approval of Demolition Control Application DC 05/12/A/SR, and all buildings on the proposed retained parcel shall be demolished. 5. 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 file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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 November 15, 2007. Carried 2. Submission No.: Applicant: Property Location: Leaal Descriotion: B 2005-060 Canadian National Railway land at the rear of 2335 Shirley Avenue Part Lot 123, German Company Tract Appearances: I n Support: Mr. A. Jeanrie Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land as a lot addition to a property at 2335 Shirley Drive, to have a width of 15.2 m (43.1 '), a depth of 63.1 m (207'), and an area of 959.12 m2 (10,324.21 sq.ft.) The retained lands would be the remainder of the Canadian National Railway Lands land holdings. The Committee considered the report of the Development & Technical Services Department, dated November 9, 2005, advising no objections, provided the following conditions are contained in any approval: 1. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT 212 NOVEMBER 15, 2005 2. Submission No.: B 2005-060 (Cont'd) 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. 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. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated November 9, 2005, advising they have no objections to this application. The Committee considered the comments of the Grand River Conservation Authority, dated November 3, 2005, advising that although the proposed area to be added to 2335 Shirley Avenue is not in a regulated area, a portion of the existing 2335 Shirley Avenue lies within the floodplain of the Grand River. The Chair questioned why CN Rail hasn't included its usual request for fencing, as it does on other applications abutting their land. Mr. Jeanrie explained that CNR does not request fencing, grading, setbacks or berming where there is no development proposed through the application. Further, he advised there is an agreement with the purchaser to undertake these things when they develop the land. Mr. Jeanrie advised he accepts the staff recommendation. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Canadian National Railway requesting permission to convey a parcel of land as a lot addition to a property at 2335 Shirley Drive, to have a width of 15.2 m (43.1 '), a depth of 63.1 m (207'), and an area of 959.12 m2 (10,324.21 sq.ft.), on Part Lot 123, German Company Tract, land at the rear of 2335 Shirley Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1 . That the lands to be severed in this application shall be added to the abutting lands and title shall be taken into identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 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 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 file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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 213 NOVEMBER 15, 2005 2. Submission No.: B 2005-060 (Cont'd) 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 November 15, 2007. Carried 3. Submission No.: Applicant: Property Location: Leaal Descriotion: B 2005-061 Waterloo North Condominium Plan #138 29 Paulander Drive WNCP 138, Part 1 , Plan 58R-14915 Appearances: I n Support: Ms. S. Mills Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to give an easement/right-of- way for emergency access over a portion of the existing roadway within the subject site to the neighbouring property to the south at 233 Lawrence Avenue. The lands subject to the easement/right-of-way would have a width of 6.1 m (20.01 '), a depth of approximately 110m (357.14'), and an area of 675.2 sq. m. (7,339.13 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated October 28, 2005, advising no objections, provided the following conditions are contained in any approval. 1 . That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner 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. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated November 9, 2005, advising they have no objections to this application. Ms. Mills advised the right-of-way will benefit 233 Lawrence Avenue. Further, she agrees with the staff recommendation. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Waterloo North Condominium Plan #138 requesting permission to give an easement/right-of-way for emergency access over a portion of the existing roadway within the subject site to the neighbouring property to the south at 233 Lawrence Avenue, on land having a width of 6.1 m (20.01 '), a depth of approximately 110m (357.14'), and an area of 675.2 sq. m. (7,339.13 sq. ft.), on WNCP 138, Part 1, Reference Plan 58R-14915, 29 Paulander Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1 . That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 214 NOVEMBER 15, 2005 3. Submission No.: B 2005-061 (Cont'd) 2. That the owner 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 file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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 November 15, 2007. Carried ADJOURNMENT On motion, the meeting adjourned at 11 :50 a.m. Dated at the City of Kitchener this 15th day of November, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment