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HomeMy WebLinkAboutAdjustment - 2005-12-06 COMMITTEE OF ADJUSTMENT FOR THE MINUTES OF THE REGULAR MEETING HELD DECEMBER 6~ 2005 CITY OF KITCHENER MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton, D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. R. Brent, Assistant-Secretary Treasurer. MINUTES Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment, of November 15, 2005, as mailed to the members, be adopted. UNFINISHED BUSINESS 1 . Submission No.: Applicant: Property Location: Legal Description: Appearances: I n Support: Contra: Written Submissions: Carried A 2005-068 Jan Zavitsky 4 Old Cottage Place Block 17 & Part Block 18, Registered Plan 58M-181, being Parts 167, 168. 193. 194. 226 & 227. Reference Plan 58R-12968 None None Mr. M. Sonnenberg The Committee was in receipt of correspondence from the applicant's agent, Mr. M. Sonnenberg, advising that the variance for this property is no longer necessary as adjustments were made to the landscaping plan. This meeting recessed at 10:00 a.m. to allow the Committee to consider Applications for Minor Variance to the City's Sign By-law, and reconvened at 10:10 a.m. with the following members present: Ms. D. Angel and Messrs P. Britton, D. Cybalski and Z. Janecki. MINOR VARIANCE 1 . Submission No.: Applicant: Property Location: Leaal DescriDtion: Submission No.: Applicant: Property Location: Leaal DescriDtion: A 2005-081 West Berry Homes Inc. 1 0 Pebble Creek Drive Lot 68. Reaistered Plan 58M-331 - and - A 2005-082 West Berry Homes Inc. 344 Colton Circle Lot 69. Reaistered Plan 58M-331 COMMITTEE OF ADJUSTMENT 216 DECEMBER 6, 2005 1. Submission Nos.: A 2005-081 & A 2005-082 (Cont'd) Appearances: I n Support: Mr. J. Dodd Contra: None Written Submissions: None In Submission No. A 2005-081 the Committee was advised that the applicant requests permission to locate a driveway 8.57 m (28.11 ft.) from the intersection of street lines abutting a lot rather than 9 m (29.22 ft.). In Submission No. A 2005-082 the Committee was advised that the applicant requests permission to locate a driveway 8.37 m (24.05 ft.) from the intersection of street lines abutting a lot rather than 9m (29.22 ft.). The Committee considered the report of the Development & Technical Services Department, dated November 28, 2005, advising the subject properties are located on corner lots in the Chicopee Crossing Subdivision. Lot 68, municipally known as 10 Pebblecreek Drive, is located on the corner of Pebblecreek Drive and Colton Circle, and Lot 69, municipally known as 344 Colton Circle, is located on the corner of Colton Circle and Colton Circle. Both lots are proposed to be developed with single detached dwellings with two-car garages. The applicant is requesting minor variances for a reduction in the minimum required distance for a driveway from the intersection of street lines abutting a lot from the required 9.0 m to 8.57 m for Lot 68 and 8.37 m for Lot 69. As discussed previously with the applicant, Planning and Transportation Planning Staff cannot support the variances, as they have been applied for, to permit a reduction in the minimum required distance for a driveway from the intersection of streets for the entire length of the driveway. The zoning by-law requirement related to the minimum distance required for a driveway from an intersection of streets was reduced from 12 m to 9 m in May of 2000 after much consultation with the Homebuilding Industry. The most recent zoning by-law amendment related to driveways, By-law 2005-106 (May 2005), did not amend the minimum distance of a driveway from an intersection, it only revised the way in which a driveway runs form the curb intersection to the front wall of the garage, requiring it to be measured perpendicular. Over the last couple of months, Planning and Transportation Planning Staff have supported and the Committee has approved minor variances whereby a variable width driveway has been requested rather than minor variances for a reduction in the minimum distance of the entire length of driveway, including curb cut, from the intersection of streets. Planning and Transportation Planning Staff cannot support a reduction of the minimum required distance for a driveway from an intersection of streets for the entire length of the driveway, especially where it intersects with the front property line. Staff are of the opinion that by supporting a variable width driveway where a 9 m set back of the curb cut from the intersection of streets is maintained, the intent of the zoning by-law can be met, and the variances would be considered minor in nature. Therefore, Planning and Transportation Planning staff are willing to support minor variances to construct a driveway of variable width which will result in a portion of the driveway being 8.57 m (Lot 68) and 8.37 (Lot 69) m respectively from the intersection of streets rather than the required 9.0 m. The variances would be subject to the following conditions: 1 . That the curb cuts required for the driveways 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 m from the intersection of streets. 2. That the top ends of the driveways, where they reach the front walls of the garages, shall be no closer than 8.57 for Lot 68 (A2005-081) and 8.37 m for Lot 69 (A2005-082) from the street, and the driveways shall run in a straight line from the curb to the front wall of the garage. COMMITTEE OF ADJUSTMENT 217 DECEMBER 6, 2005 1. Submission Nos.: A 2005-081 & A 2005-082 (Cont'd) Based on the foregoing, Planning staff recommends that these applications be approved as amended subject to the above listed conditions. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 25, 2005, advising they have no concerns with these applications. Mr. J. Dodd, Reid's Heritage Group was in attendance in support of these applications, and advised that he agrees to the amendment recommended by staff. He advised they are unable to fit a house with double garage on these lots due to a change in the by-law which took place after they had purchased these properties. They were not made aware of the change in the by-law, and neither was the Homebuilders Association. Further, these lots were suitable for a house with a double garage prior to the by-law changes. When questioned regarding re-orienting the garage to the flanking street, Mr. Dodd advised it could be done but it would not be marketable. Submission No. A 2005-081 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of West Berry Homes Inc. requesting permission to construct a driveway of variable width resulting in a portion of the driveway being 8.57 m (28.11 ft.) from the intersection of street lines abutting a lot rather than the required 9 m (29.22 ft.) on Lot 68, Registered Plan 58M-331, 10 Pebble Creek Drive, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1 . That the curb cuts 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 m 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 8.57 m 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 Submission No. A 2005-082 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of West Berry Homes Inc. requesting permission to construct a driveway of variable width resulting in a portion of the driveway being 8.37 m (24.05 ft.) from the intersection of street lines abutting a lot rather than the required 9m (29.22 ft.), on Lot 69, Registered Plan 58M-331, 344 Colton Circle, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1 . That the curb cuts 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 m from the intersection of streets. COMMITTEE OF ADJUSTMENT 218 DECEMBER 6, 2005 1. Submission Nos.: A 2005-081 & A 2005-082 (Cont'd) 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.37 m 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 2. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-083 West Berry Homes Inc. 284 Colton Circle Lot 84, Reaistered Plan 58M-331 Appearances: I n Support: Mr. J. Dodd Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a driveway 6.62 m (21.71 ft.) from the intersection of street lines abutting a lot rather than 9 m (29.22 ft.). The Committee considered the report of the Development & Technical Services Department, dated November 28, 2005, advising this lot is located at the corner of Colton Circle and Venturin Street. The property has a frontage of 15 m, a depth of 34.50 m, and a total area 581.50 square m. It is located in the Grand River South Community (Lyndale Estates, 58M-331) and is proposed to be developed with a single detached dwelling with a two-car garage. The applicant is requesting a minor variance for a reduction in the minimum required distance for a driveway from the intersection of street lines abutting a lot, from the required 9.0 m to 6.62 m. The zoning by-law requirement related to the minimum distance required for a driveway from an intersection of streets was reduced from 12 m to 9 m in May of 2000 after much consultation with the Homebuilding Industry. The most recent zoning by-law amendment related to driveways, By- law 2005-106 (May 2005), did not amend the minimum distance of a driveway from an intersection, it only revised the way in which a driveway runs form the curb intersection to the front wall of the garage, requiring it to be measured perpendicular. The applicant has indicated that due to the housekeeping by-law implemented in May of 2005, the subject lots which were registered on September 20, 2004 and October 18, 2004, and subsequently purchased by builders in January of 2005, should receive relief from the by-law requirements. Planning and Transportation Planning Staff do not share that same opinion. As noted previously, the zoning by-law amendments in 2005 did not amend the minimum distance of a driveway from an intersection of streets. Since 2000, driveways have been required to be located a minimum distance of 9 m from an intersection of streets. 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 intent of the zoning requirement related to the setback of driveways from an intersection is to ensure that driveways are located an appropriate distance from an intersection of streets, thereby COMMITTEE OF ADJUSTMENT 219 DECEMBER 6, 2005 2. Submission No.: A 2005-083 (Cont'd) maintaining a site visibility triangle on the property and allowing a sufficient distance for a vehicle to manoeuvre safely into their driveway after leaving an intersection. The minor variance to permit a driveway to be located a minimum distance of 6.62 metres from the intersection of Colton Circle and Venturin Street will not meet the intent of the zoning by-law. The driveway will encroach into the sight visibility triangle and has the potential to have a negative impact on the traffic flow from the adjacent intersection. A driveway located less than the required 9 metres from an intersection and located in the sight visibility triangle has the potential to serve as a safety risk to both vehicles and pedestrians. Accordingly, the impacts of a variance would not be considered minor. The variance is not desirable for the appropriate development of this lot with a single detached dwelling with a two-car garage. Given the configuration of the lot, a two-car garage cannot be sited on this lot and maintain an appropriate side yard setback and a safe and appropriate distance from the intersection. The lot can only support the proposed model with a single car garage. As the intent of the zoning by-law will not be maintained and the effects of the variance cannot be considered minor, Planning staff recommends that this application be refused. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 25, 2005, advising they have no concerns with this application. Mr. Dodd advised that in this portion of the street, the lots are not perpendicular, which creates a problem in siting the driveway. He advised the house could be setback further from the street and/or the driveway could be constructed of variable width to meet the required setback at the street. He advised he would be prepared to amend the application if a driveway configuration acceptable to the Committee. He advised the house could be moved further back on the lot, maintaining a minimum 7.5 m rearyard, which would provide additional room in the front yard to curve the driveway. Mr. Z. Janecki put forward a motion to refuse this application, which did not receive a seconder. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of West Berry Homes Inc. requesting permission to construct a driveway of variable width resulting in a portion of the driveway being located 6.62 m (21.71 ft.) from the intersection of street lines abutting a lot rather than the required 9 m (29.22 ft.), on Lot 84, Registered Plan 58M-331, 284 Colton Circle, 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 m (29.22 ft.) from the intersection of the streets. 2. That the house and garage to be constructed on this property shall have a rearyard of 7.5 m (24.6 ft.), and shall be of the same footprint as shown on the plan submitted with this application. 3. That a site plan showing the location of the driveway and dwelling on this property shall be registered on title, and the plan shall be attached to all offers of purchase and sale. COMMITTEE OF ADJUSTMENT 220 DECEMBER 6, 2005 2. Submission No.: A 2005-083 (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 3. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-084 West Berry Homes Inc. 115 Colton Circle Lot 31 , Reaistered Plan 58M-336 Appearances: I n Support: Mr. J. Dodd Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate a driveway 6.62 m ( 21.71 ft.) from the intersection of street lines abutting a lot rather than 9m (29.22 ft.). The Committee considered the report of the Development & Technical Services Department, dated November 28, 2005, advising this property is located on one corner of Colton Circle, and has a municipal address of 115 Colton Circle. The property has a frontage of 14.96 m, a depth of 35 m, and a total area of 593.75 square m and is proposed to be developed with a single detached dwelling with a two-car garage. The applicant is requesting a minor variance for a reduction in the minimum required distance for a driveway from the intersection of street lines abutting a lot from the required 9.0 m to 6.62 m. 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 intent of this zoning requirement is to ensure that driveways are located an appropriate distance from an intersection of streets thereby maintaining a site visibility triangle on the property and allowing a sufficient distance for a vehicle to manoeuvre safely into their driveway after leaving an intersection. The subject property is unique in that although it is considered a corner lot, it does not technically abut an intersection of streets. Colton Circle in this location is a continuous road and does not technically intersect another road at this point. Rather it curves and continues as the same street at the front lot line of subject property. Given the configuration of Colton Circle in this location, Planning and Transportation Planning staff are of the opinion that a variance to permit a reduced setback of a driveway from the intersection of streets would meet the intent of the zoning by-law as there is not a true intersection of streets. The impacts of this variance would be minor as there would not be the same safety concerns, the need to maintain a sight visibility triangle where there is not technically an intersection of two streets. With respect to the variances for the other 3 lots that have been submitted by the applicant for this subdivision, this lot is different as it is a corner lot adjacent to a continuous street segment rather than the intersection of two streets. Accordingly, the variance to permit a reduced setback for the entire length of the driveway from an intersection is desirable for the appropriate development of this lot. COMMITTEE OF ADJUSTMENT 221 DECEMBER 6, 2005 3. Submission No.: A 2005-084 (Cont'd) As the impacts of the variance will be minor and the intent of the zoning by-law will be maintained, the intent of the official plan will also be maintained. Based on the foregoing, Planning staff recommends that application A 2005-084 be approved. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 25, 2005, advising they have no concerns with this application. Moved by Mr. D. Angel Seconded by Mr. Z. Janecki That the application of West Berry Homes Inc. requesting permission to locate a driveway 6.62 m ( 21.71 ft.) from the intersection of street lines abutting a lot rather than the required 9m (29.22 ft.) on Lot 31, Registered Plan 58M-336, 115 Colton Circle, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 4. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-085 Marc & Angele Lacroix 119 Peter Street Lot 268, Subdivision of Lot 17, German Company Tract Appearances: I n Support: Mr. S. Kay Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to legalize two tandem parking spaces, for an existing duplex, having a length of 10.36m (33.98 ft.) rather than 11.5 m (37.72 ft.). The Committee considered the report of the Development & Technical Services Department, dated November 28, 2005, advising the property is located at 119 Peter Street. This property has a frontage of 10.36 m, a depth of 25.91 m, and an area of 268.43 m. The current use of the subject property is a duplex. The applicant is requesting a minor variance to reduce the required length for two tandem parking spaces from 11.5 m, to 10.36 m. The current "R-5" zoning allows a duplex as a permitted use. Parking is permitted in tandem with the first space having a 6.0 m minimum distance from the street line, and the second off-street parking space may be located less than 6.0 m form the street line however, it must be 5.5 m in length. 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 general intent of the Zoning By-law which permits tandem parking for duplexes. Section 6.1.1.1 b) i) of Zoning By-law 85-1 requires the "off street parking required for such dwellings to be located a minimum distance of 6.0 metres from the street line, except in the case of a duplex dwelling, in which case one required off-street parking space may be located on the driveway less than 6 metres from the street line". Due to space limitations the two tandem parking spaces would each have a depth of 5.18 metres for a total driveway length of 1 0.36 metres. Considering the required depth for a parking space is 5.5 metres, the reduction in depth COMMITTEE OF ADJUSTMENT 222 DECEMBER 6, 2005 4. Submission No.: A 2005-085 (Cont'd) for each parking space would only be 0.32 metres. This reduction is considered minor in nature and therefore complies with the intent of the Zoning By-law. The variance is considered minor in nature because the reduction in over all driveway depth will not impact the ability to park two vehicles in tandem. The proposed 5.18 metres to be provided for each parking space will provide adequate room for parking, and is a minor reduction from the required 5.5 metres for a parking space. Due to the age of the property there are no locations on the property where a 6.0 metre setback for a parking space can be provided. Therefore we feel the reduction of 1.14 metres in driveway depth is minor given the constraints on site. The variance meets the intent of the Municipal Plan which permits duplex dwellings in the low rise conservation land use designation. The general intent of the municipal plan is to maintain primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. In order to provide adequate parking for the two units, a reduction in the required length for tandem parking can be supported. The variance is appropriate for the development and use of the land due to the central location of the property. The Mill-Courtland neighbourhood is primarily of a higher density and is home to a mix of uses. Due to the age and configuration of the lots in this neighbourhood many properties are not able to meet the parking requirements of the zoning by-law. The use of the land complies with both the Municipal Plan and the Zoning By-law, and is appropriate considering the nature of the surrounding community. Based on the foregoing, Planning staff recommend that the application be approved The Committee considered the comments of Transportation Planning dated November 28, 2005, advising they have reviewed this application and while they recognize that the City of Kitchener Zoning By-law permits tandem parking for duplexes, they cannot support such applications. The risk for conflict with this situation is too great for approval. Additionally, the proposed two parking spaces in tandem do not meet the required 11.5 m in length. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 25, 2005, advising they have no concerns with this application. The Committee considered the comments of the Grand River Conservation Authority dated November 18, 2005, advising that a very small portion of property lies below the Regulatory Floodline Elevation of Schneider Creek. The reach of Schneider Creek is a Two-Zone Floodplain Policy Area which means that the floodplain is divided into two components, a floodway and a flood fringe. The property is within the flood fringe portion of the floodplain. Two-Zone Floodplain Policy permits new development within the flood fringe if the development meets certain criteria. A Fill, Construction and Alteration to Waterways permit will be required for any construction within the floodplain and any fill placement within the scheduled areas. Mr. S. Kay was in attendance in support of this application and the staff recommendation. The Committee questioned Mr. Parent regarding his comments in the staff report that he is opposed to the tandem parking. He advised that he does not support tandem parking for duplexes as tenants do not always get along, which can make such a parking arrangement impractical. Further, he does not support the reduction in the length of parking spaces. Mr. Parent suggested changing the variance to legalization of one off-street parking space rather than the required two spaces. Mr. Kay responded the by-law permits tandem parking, and whether or not be tenants get along should not be a concern of the Committee. He advised the current situation has existed since the 1990's, and no complaint in this regard has ever been registered with the City. He noted there are no neighbours or tenants in attendance this date to complain about the situation. Further, this is the core of the City and the likelihood of there being 2 cars at this property is minimal. COMMITTEE OF ADJUSTMENT 223 DECEMBER 6, 2005 4. Submission No.: A 2005-085 (Cont'd) Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Marc & Angele Lacroix requesting permission to legalize two tandem parking spaces, for an existing duplex, having a length of 10.36m (33.98 ft.) rather than the required 11.5 m (37.72 ft.), on Lot 268, Subdivision of Lot 17, German Company Tract, 119 Peter 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 5. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-086 M. Z. Owczarek 235 Kingswood Drive Part Block A, Plan 1335, beina Part 5, Reference Plan 58R-902 Appearances: I n Support: Mr. M. Owczarek Mr. J. Wolanowski Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a carport at the side of the existing semi-detached dwelling to have a side yard of 0.85 m (2.78 ft.) rather than 1.2m (3.89 ft.). The Committee considered the report of the Development & Technical Services Department, dated lot is located on the south side of Kingswood Drive between Alpine Road and Gracefield Crescent and is zoned R-4 (Residential Four) under By-law 85-1. The applicant is requesting a variance to construct a carport at the side of the existing semi- detached dwelling to have a side yard of 0.85 m rather than the required minimum of 1 .2 m. 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 reasons. The minimum side yard setback is required in order to ensure sufficient distance between dwellings to provide privacy, to provide an aesthetically pleasing streetscape, and to ensure there is sufficient area for maintenance of any structures on the property. The proposed setback provides sufficient area to maintain the carport and therefore the variance does not compromise the intent of the regulation. The variance is minor for the following reasons. As the carport is an open structure, it can be maintained within the proposed setback. Staff notes that the structure should be constructed to ensure that drainage is within the subject property. As well, the submitted drawings do not indicate the inside measurements for the parking space. The by-law requires a minimum size of COMMITTEE OF ADJUSTMENT 224 DECEMBER 6, 2005 5. Submission No.: A 2005-086 (Cont'd) 3.04 by 5.49 and suggests that this be a condition of approval to ensure adequate parking space size for the proposed carport. The variance is considered desirable for the appropriate development and use of the land for the following reasons. Visually there is a parking space already existing in the driveway and by adding the carport the use of the land is the same. This would not appear to affect the enjoyment of the abutting residential lands. Based on the foregoing, Planning staff recommends that this application be approved provided that the interior parking space size is a minimum of 3.04 m by 5.49 m, and that all drainage from the structure is directed on the subject property. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated November 25, 2005, advising they have no objections to this application. Ms. Malone-Wright reviewed the application and the staff report. She advised the drawing submitted with the application shows the carport will only be 11 ft. wide, and staff want to ensure the applicant understands the parking space must be of a certain size, as identified in the by-law and the staff report. This requirement was explained to Messrs. Owczarek and Wolanowski by the Chair. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of M. Z. Owczarek requesting permission to construct a carport at the side of the existing semi-detached dwelling to have a side yard of 0.85 m (2.78 ft.) rather than the required 1.2m (3.89 ft.), on Part Block A, Plan 1335, being Part 5, Reference Plan 58R-902, 235 Kingswood Drive, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1. That the interior parking space shall have a minimum size of 3.04 m (10ft.) by 5.49 m (18 ft.) . 2. That all drainage from the carport shall be directed onto the subject 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 6. Submission No.: Applicant: Property Location: Leaal Descriotion: A 2005-087 1573658 Ontario Limited 311 Victoria Street North Part Lots 12, 13, 20 & 21 , Reaistered Plan 33 Mr. P. Britton advised he is an owner of the property municipally addressed as 171 Victoria Street North, which is in close proximity to the property which is the subject of this application. He questioned Mr. Code as to whether he felt the Chair would have a conflict of interest in considering this application. Mr. Code advised he had no objection to Mr. Britton participating in the consideration of this application. COMMITTEE OF ADJUSTMENT 225 DECEMBER 6, 2005 6. Submission No.: A 2005-087 (Cont'd) Appearances: I n Support: Mr. M. Code Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for legalization of the location of an existing building with a front yard setback of 2.49 m (6.55 ft.) rather than 6m (19.68 ft.), and a side yard setback of 0.34 m (1.11 ft.) at the front of the building and 0.58 m (1.9 ft.) at the rear of the building rather than 3m (9.84 ft.), so it may be used for an office. Legalization of the location of an accessory building, to be used for storage in conjunction with the office use, having a side yard of 0.36 m (1.18 ft.) and 0.43 m (1.41 ft.) rather than 3m (9.84 ft.), and a rear yard setback of 2.67m (8.75 ft.) rather than 7.5m (24.6 ft.). The Committee considered the report of the Development & Technical Services Department, dated November 29, 205, advising the subject property is located on the south side of Victoria Street between Hermie Place and St. Leger Street. It has approximately 28 m in frontage and has 72 m in depth for an area of 1893 square m. Two buildings occupy the site: 1. a 658 square m building currently used for furniture and other retail sales and 2. a 110 square m rear storage building. Surrounding land use is commercial to the north, east and west and residential to the south. The subject property is currently zoned Service Commercial (C-6) with Special Use Provision 162U in the City's Zoning By-law 85-1 which is anticipated to be replaced with new Mixed Use Corridor zoning for this stretch of Victoria Street starting in the spring 2006. The Municipal Plan designation is Service Commercial according to the Civic Centre Secondary Plan. The property is also of heritage significance. The subject property currently enjoys legal non-conforming status with respect to the front and westerly side yard setbacks for the current use as furniture and other retail sales. However, because the applicant is proposing to a new use, Engineering Office, he must seek variances from the Committee to legalize the front and westerly side yards for the use of the building for office. As such, the applicant is requesting to legalize a front yard setback of 2.49 metres instead of the required 6.0 metres and a westerly side yard of 0.34 metres instead of the required 3.0 metres for office use. The applicant also requests minor variances for a reduction of the minimum side yard setback requirement from 3 meters to 0.36 metres and 0.43 metres and a reduction of the minimum rear yard setback requirement from 7.5 metres to 2.67 metres to legalize the location of an accessory building to be used in conjunction with the office use of the main building on the subject property. 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 variances meet the intent of the Zoning By-law as the proposed use of office is a permitted use which will not increase the magnitude of the variances insomuch as the building has existed for over 50 years; adjacent properties are also commercial in nature with similar setbacks therefore, there is no additional impact to them as a result of the use of office; there is sufficient front yard setback to provide for maintenance of the fagade itself; and the use of existing building for office is in keeping with the Service Commercial designation in the Municipal Plan. The parking requirement for office use is one parking space for each 28 square metres of floor area. Including the ground floor (424 square metres), the basement area (234 square metres) and the accessory building (110.349 square metres), the parking requirement for the use of this property for office would be 27 parking spaces. Although the minor variance application and accompanying site plan appear to indicate that only the ground floor will be used for the office use and that at a maximum only 15 parking spaces would be required, staff note that there is an approved site plan in the City's street file which shows the development of the subject property COMMITTEE OF ADJUSTMENT 226 DECEMBER 6, 2005 6. Submission No.: A 2005-087 (Cont'd) with 27 parking spaces. Accordingly, if the applicant were to use the entire floor area provided on the site for the office use, a sufficient number of parking spaces are provided. The storage building on the subject property was built in 1950 and received approval from the Committee under application A76/95 for the rear yard setback only for the use at that time. Since nothing has changed since then other than being accessory to the proposed office use staff is of the opinion that the variances are minor in nature and appropriate for the use of the land. 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 25, 2005, advising they have no concerns with this application. Mr. Code advised a consulting firm has purchased this property for their office and is seeking legalization of the location of the main building and accessory building as it relates to the office use. With respect to the accessory building, Mr. Code advised the owner has no particular use for it other than storage, but does not want to have to demolish it. Upon questioning, he advised the site is generous for parking for the consulting business. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of 1573658 Ontario Limited requesting legalization of the location of an existing building with a front yard setback of 2.49 m (6.55 ft.) rather than the required 6m (19.68 ft.), and a side yard setback of 0.34 m (1.11 ft.) at the front of the building and 0.58 m (1.9 ft.) at the rear of the building rather than the required 3m (9.84 ft.), so it may be used for an office, and legalization of the location of an existing accessory building, to be used for storage in conjunction with the office use, having a side yard of 0.36 m (1.18 ft.) and 0.43 m (1.41 ft.) rather than 3m (9.84 ft.), and a rear yard setback of 2.67m (8.75 ft.) rather than the required 7.5m (24.6 ft.), on Part Lots 12, 13, 20 & 21, Registered Plan 33, 311 Victoria Street North, Kitchener, Ontario, Kitchener, Ontario, BE APPROVED; subject to the following condition: 1. That the variances as approved in this application shall apply to the existing buildings only, as shown on the plan submitted with 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 CONSENT 1 . Submission No.: Applicant: Property Location: Leaal Descriotion: B 2005-062 Calabras (Canada) Limited 83 New Dundee Road Part Lot 5, Reaistered Plan 1666 Appearances: I n Support: Mr. N. Amoral Contra: None COMMITTEE OF ADJUSTMENT 227 DECEMBER 6, 2005 1. Submission No.: B 2005-062 (Cont'd) Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land having a lot width on New Dundee Road of 47.8 m (156.82 ft.), a depth of approximately 152.8 m (501.31 ft.) and an area of 6,906 sq. m (74,338 sq. ft.). The severed parcel is proposed to contain a student residence and parking area. One of the two retained parcels of land will have a lot width on New Dundee Road of approximately 180 m (590.55 ft.), a depth of approximately 152.8 m (501.31 ft.) at the longest end and a depth of approximately 95 m (311.68 ft.) at the shortest end, and an area of 20,413 sq. m (219,730.89 sq. ft.). There are no development plans for this retained parcel. The second retained parcel, municipally known as 2480 Homer Watson Boulevard, will have a lot width on New Dundee Road of approximately 111.5 m (365.81 ft.), a depth of approximately 180 m (590.55 ft.), an area of 17,940 sq. m (193,110.87 ft.), and will contain an existing commercial development. The Committee considered the report of the Development & Technical Services Department, dated November 29, 2005, advising they have no objections provided satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvements; 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 30, 2005 advising they have no objections to this application. Mr. Amoral was in attendance in support of this application, advising he is in agreement with the staff recommendation. Moved by Mr. D. Cybalski Seconded by Ms. D. Angel That the application of Calabras (Canada) Limited requesting permission to sever a parcel of land having a lot width on New Dundee Road of 47.8 m (156.82 ft.), a depth of approximately 152.8 m (501.31 ft.) and an area of 6,906 sq. m (74,338 sq. ft.), on Part Lot 5, Registered Plan 1666, 83 New Dundee Road, 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. 2. 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 must 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 228 DECEMBER 6, 2005 1. Submission No.: B 2005-062 (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 December 6, 2007. Carried 2. Submission No.: Applicant: Property Location: Leaal Descriotion: B 2005-063 & B 2005-064 Primeland Developments (Harold Freure) Tweedsdale Street Lots 118 - 121 , Reaistered Plan 58M-346 Mr. P. Britton declared a pecuniary interest in these applications as his planning firm represents this applicant, and did not participate in any discussion or voting with respect to this application. Mr. D. Cybalski chaired the meeting during consideration of this application. Appearances: I n Support: Ms. N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever two narrow strips of land from 2 lots proposed for townhouses in a registered plan to create one lot for a single detached dwelling, and two lots for a semi-detached dwelling. The lands to be severed will have widths of 4.8 m (15.78 ft.) and 0.9 m (2.95 ft.), lot depths of 30 m (98.42 ft.) and areas of 146.6 sq. m (480.97 sq. ft.) and 27.42 sq. m (295.25 sq. ft.) respectively. The Committee considered the report of the Development & Technical Services Department, dated November 29, 2005, with respect to Submission No. B 2005-063, advising the lots municipally known as 19-25 Tweedsdale Street are currently proposed for 4 townhouse dwelling units. The applicant would like to reconfigure the lots in order to be able to develop one single detached dwelling and two semi-detached dwelling units. The applicant is proposing to sever a parcel of land from 21 Tweedsdale Street having a width of 0.914 m, a depth of 30 m and an area of 27.42 square m and conveying as a lot addition to the adjacent property to the east municipally known as 19 Tweedsdale Street. Since the combined severances essentially delete Lot 120 (23 Tweedsdale Street) and combines it with the adjacent lots, Engineering Services will require the removal of the service connections to that lot. The applicant will also need to verify that the service connection laterals for the modified lots still comply with City standard service locations. Lastly, the grading and servicing mylar plans need to be revised to show the new lot configurations. Planning and Engineering Staff have no objections to the proposed severance provided the following conditions are contained in any approval. 1 . That Consent Application B 2005-064 receive approval from the Committee of Adjustment. 2. That the lands to be severed from 21 Tweedsdale Street be added to the abutting lands municipally known as 19 Tweedsdale Street 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 complying with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT 229 DECEMBER 6, 2005 2. Submission No.: B 2005-063 & B 2005-064 (Cont'd) 3. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the resultant lots, if required, make arrangements to the satisfaction of Engineering Services for the removal of service connections to Lot 120, 23 Tweedsdale Street, and verify with Engineering Services that all service connection laterals for the modified lots comply with City standards. 4. That the grading and servicing mylar plans for Lots 118-121, 19-25 Tweedsdale Street, are revised to show the new lot configurations to the satisfaction of Engineering Services. 5. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 6. 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. With respect to Submission No. B 2005-064, staff advised that the applicant is severing a parcel of land from 23 Tweedsdale Street having a width of 4.887 m, a depth of 30 m and an area of 146.61 square m and conveying as a lot addition to the adjacent property to the east municipally known as 25 Tweedsdale Street. The lands to be retained would have a lot width on Tweedsdale Street of 1.818 m, a depth of 30 m and an area of 54.55 square m and are proposed to be added to the adjacent lot municipally known as 21 Tweedsdale Street. The ultimate conveyance of the severed and retained lands will have the effect of eliminating 23 Tweedsdale Street. Since the combined severances essentially delete Lot 120 (23 Tweedsdale Street) and combines it with the adjacent lots, Engineering Services will require the removal of the service connections to that lot. The applicant will also need to verify that the service connection laterals for the modified lots still comply with City standard service locations. Lastly, the grading and servicing mylar plans need to be revised to show the new lot configurations. Planning and Engineering Staff have no objections to the proposed severance provided the following conditions are contained in any approval. 1 . That Consent Application B 2005-063 receive approval from the Committee of Adjustment. 2. That the lands to be severed from 23 Tweedsdale Street shall be added to the abutting lands municipally known as 25 Tweedsdale Street 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 lands to be retained be added to the abutting lands municipally known as 21 Tweedsdale Street 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. 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the resultant lots, if required, make arrangements to the satisfaction of Engineering Services for the removal of service connections to Lot 120, 23 Tweedsdale Street, and verify with Engineering Services that all service connection laterals for the modified lots comply with City standards. 5. That the grading and servicing mylar plans for Lots 118-121, 19-25 Tweedsdale Street, shall be revised to show the new lot configurations to the satisfaction of Engineering Services. 6. That the 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 230 DECEMBER 6, 2005 2. Submission No.: B 2005-063 & B 2005-064 (Cont'd) 7. 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. 8. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the relocation of the existing electrical servicing. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated November 30, 2005 advising they have no objections to these applications. The Committee considered the comments of the Kitchener-Wilmot Hydro dated November 30, 2005, advising they have no objections provided the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the relocation of the existing electrical servicing. When questioned by the Committee, Ms. Horne advised the applicant is unable to sell townhouses on these lots, and is intending to reconfigure the lots to allow for the construction of other types of dwellings. She advised she agrees with the staff recommendation and the conditions. Submission No. B 2005-063 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Primeland Developments (Harold Freure) requesting permission to convey a parcel of land, as a lot addition, having a width of 0.9 m (2.95 ft.), a depth of 30 m (98.42 ft.) an area of 27.42 sq. m (295.25 sq. ft.), on Lot 119, Registered Plan 58M-346, 21 Tweedsdale Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1 . That the owner shall receive final approval of Application for Consent B2005-064. 2. That the lands to be severed from 21 Tweedsdale Street shall be added to the abutting lands municipally known as 19 Tweedsdale Street and title 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. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the resultant lots, and if required, make arrangements to the satisfaction of Engineering Services for the removal of service connections to Lot 120, 23 Tweedsdale Street, and verify with Engineering Services that all service connection laterals for the modified lots comply with City standards. 4. That the owner shall revise the grading and servicing mylar plans for Lots 118-121, 19-25 Tweedsdale Street, to show the new lot configurations to the satisfaction of Engineering Services. 5. 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. 6. 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 copy 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. COMMITTEE OF ADJUSTMENT 231 DECEMBER 6, 2005 2. Submission No.: B 2005-063 & B 2005-064 (Cont'd) 7. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the relocation of the existing electrical servicing. 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 December 6, 2007. Carried Submission No. B 2005-064 Moved by Ms. Z. Janecki Seconded by Ms. D. Angel That the application of Primeland Developments (Harold Freure) requesting permission to sever a parcel of land, as a lot addition, having a width of 4.8 m (15.78 ft.) a depth of 30 m (98.42 ft.) and an area of 146.6 sq. m (480.97 sq. ft.) on Lot 120, Registered Plan 58M-346, Tweedsdale Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions subject: 1. That the owner shall receive final approval of Application for Consent B2005-063. 2. That the lands to be severed from 23 Tweedsdale Street shall be added to the abutting lands municipally known as 25 Tweedsdale Street and title 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. 3. That the lands to be retained shall be added to the abutting lands municipally known as 21 Tweedsdale Street and title 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. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the resultant lots, and if required, make arrangements to the satisfaction of Engineering Services for the removal of service connections to Lot 120, 23 Tweedsdale Street, and verify with Engineering Services that all service connection laterals for the modified lots comply with City standards. 5. That the owner shall revise the grading and servicing mylar plans for Lots 118-121, 19-25 Tweedsdale Street, to show the new lot configurations to the satisfaction of Engineering Services. 6. 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 232 DECEMBER 6, 2005 2. Submission No.: B 2005-063 & B 2005-064 (Cont'd) 7. 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 must 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 December 6, 2007. Carried ADJOURNMENT On motion, the meeting adjourned at 11 :25 a.m. Dated at the City of Kitchener this 6th day of December, 2005. Dianne H. Gilchrist Secretary- T reasu rer Committee of Adjustment