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HomeMy WebLinkAboutAdjustment - 2006-01-10COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 10, 2006 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Senior Planner, 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 December 10, 2005, as mailed to the members, be adopted. Carried MINOR VARIANCE 1. Submission No.: A 2006-001 Applicant: Aberdeen Homes Limited Property Location: 15 & 17 Zeller Drive Leaal Description: Parts of Block 29. Reaistered Plan 1732 Appearances In Support: Ms. N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a side yard of 1.5 m (4.92 ft.) rather than 2.5 m (8.2 ft.) to facilitate apart-lot control application to recognize 15 and 17 Zeller Drive as two separate townhouse lots. The Committee considered the report of the City's Planning Division, dated December 22, 2006, advising they have no objections to this application. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Mr. B. Sloan recommended to Ms. Horne that at the time the applicant approaches the City for site plan approval, they should have decided whether this development is to be freehold or condominium. COMMITTEE OF ADJUSTMENT 2 JANUARY 10, 2006 1. Submission No.: A 2006-001 (Cont'dl Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Aberdeen Homes Limited requesting permission for an easterly side yard of 1.5 m (4.92 ft.) at 15 Zeller Drive rather than the required 2.5m (8.2 ft.), and a westerly side yard of 1.5 m (4.92 ft.) at 17 Zeller Drive rather than the required 2.5 m (1.5 ft.) to facilitate apart- lot control exemption by-law, on Parts of Block 29, Registered Plan 1732, 15 & 17 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are 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.: A 2006-002 Applicant: Activa Holdings Inc. Property Location: 26 Woodbine Avenue Legal Description: Lot 123, Registered Plan 58M-338 Appearances: In Support: Mr. J. Dodd Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to increase the projection of an attached garage from the habitable portion of the dwelling, porch or verandah from 0 m (0 ft.) to 0.782 m (2.5 ft.) to permit the construction of a single detached dwelling. The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections to this application. The Committee considered the report of the City's Manager of Building, dated January 3 2006, advising he has no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. The Chair raised concerns about how this reduced setback will affect the streetscape. Mr. Sloan stated only one lot on this street would be affected by this reduced setback, and the garage will still be setback the required distance. Further, the dwelling is 10.3 m wide, whereas the garage will be 17.9 m wide. Mr. Dodd explained the benefit to the developer of having all model homes close together. Further, although this house model will be located in other parts of the subdivision, Woodbine Avenue is the only street with this required setback. The Chair stated that because of the streetscape and the intent of the by-law, he can not support this application. To approve this application will achieve exactly what the City specifically wants to prevent. COMMITTEE OF ADJUSTMENT 3 JANUARY 10, 2006 2. Submission No.: A 2006-002 (Cont'dl Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Activa Holdings Inc. requesting permission to increase the projection of an attached garage from the habitable portion of the dwelling, porch or verandah from 0 m (0 ft.) to 0.782 m (2.5 ft.) to permit the construction of a single detached dwelling, on Lot 123, Registered Plan 58M-338, 26 Woodbine Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Mr. D. Cybalski voted in opposition to this decision. 3. Submission No.: A 2006-003 Applicant: Activa Holdings Inc. Property Location: 386 Sienna Crescent Legal Description: Lot 26, Registered Plan 58M-339 Appearances: In Support: Mr. J. Dodd Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for legalization of a single detached dwelling (under construction) with a westerly side yard of 1.147m (3.76 ft.) rather than 1.2 m (3.93 ft.). The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections to this application. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising the Building Code requires a 45 minute fire resistance rating for wall face since it is now less then 1.2 m, plus no openings (i.e. windows) are permitted in this wall face (current design shows windows). One option may be to enter into a Limited Distance agreement between the adjacent property owners and the City. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Mr. Dodd advised he has considered the reports of staff including the Manager of Building. In this regard he submitted a revised survey showing the first floor window to be located 1.22 m from the side lot line. COMMITTEE OF ADJUSTMENT 4 JANUARY 10, 2006 3. Submission No.: A 2006-003 (Cont'dl Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Activa Holdings Inc. requesting legalization of a single detached dwelling (under construction) with a westerly side yard of 1.147m (3.76 ft.) rather than the required 1.2 m (3.93 ft.), on Lot 26, Registered Plan 58M-339, 386 Sienna Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall comply with the requirements of the Ontario Building Code with respect to the wall of the house abutting the reduced side yard as approved in this application, and any windows proposed to be located in that wall. 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.: A 2006-004 Applicant: Richard Altwater & Sons Ltd., Interbuilding Investments Limited in trust Property Location: 45 Cedarhill Crescent Leaal Description: Blocks 304 & 305, Registered Plan 1349 Appearances: In Support: Mr. J. Fryett Mr. D. Ciuciura Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to locate off-street parking spaces for a proposed 64 unit townhouse development between the fagade of the dwellings and the front lot line. The Committee considered the report of the City's Planning Division, dated December 16, 2005, advising the subject lands are located at 45 Cedarhill Crescent. The applicant is requesting a variance to permit a maximum of 49 parking spaces for the proposed multiple development to be located between the front fagade of the building and the front lot line whereas the Zoning By Law restricts parking, with the exception of visitor's parking, between the building and the street. The property is designated Low Rise Residential and zoned Residential Eight Zone (R-8). A site plan application has been approved in principle to provide for the development of 64 multiple units (stacked townhouse) in two buildings on the site. The site is irregular in shape and has a scenic easement on two sides which is undevelopable. The applicant has a desire to orient the buildings so that they are adjacent to and backing onto the scenic easement which is a natural treed amenity. The proposed parking would therefore be located in front of the buildings which require a variance. The applicant, at the City's request, has agreed to provide enhanced landscaping in front of the proposed parking, between the parking lot and the street to provide a buffer to residents on the other side of Cedarhill Crescent. COMMITTEE OF ADJUSTMENT 5 JANUARY 10, 2006 4. Submission No.: A 2006-004 (Cont'dl The applicant invited all residents within 60 metres of the proposed development to a neighbourhood meeting, on December 12t", to get feedback on the proposed site plan and variance. The neighbours that attended the meeting indicated a preference to have the building set back to the rear of the site as proposed rather than oriented closer to the street and supported the proposed variance with enhanced landscaping. The proposed variance maintains the general intent of the zoning by-law as the intent of the regulation was to try and prevent situations where front yard parking would result in a continuous appearance of asphalt with road, sidewalk (if there is one) and parking. In this situation, most of the front of the site will be landscaped to "break up" the appearance of continuous asphalt which meets the intent of the zoning by-law. The variance meets the intent of the Municipal Plan as neighbourhood quality is maintained through appropriate building setbacks and landscaping, while providing for the greatest enjoyment of the natural setting for the future tenants. The development also maintains a high level of urban design while providing affordable housing. The proposed variance is minor in nature as the impact of parking in front of the building can be almost entirely mitigated through enhanced landscaping in front of the parking lot. Visually the parking will be buffered from the neighbouring residents on the other side of Cedarhill Crescent. As well, 49 of the required 96 parking spaces are proposed in front of the building. The zoning by-law does permit visitor parking in the front yard. Twenty percent of the total parking or 19 of the 49 spaces proposed would be permitted as long as no more than 50% of the front yard was used for the 19 visitor parking spaces. However, the parking, including visitor parking, is dispersed throughout the site so the variance requested is for the number of parking spaces shown on the approved site plan as a maximum to be permitted, although some of the parking may be visitor parking that is permitted in this location under the zoning by-law. With a condition of the variance requiring enhanced landscape buffering between the parking and existing residences on Cedarhill Crescent and the requirement for review of a landscape plan as part of the site plan, City staff are satisfied that the variance provides for appropriate development both on the site and within the existing neighbourhood. They recommend this application be approved subject to the following condition: 1) That the owner agrees to prepare and implement an enhanced landscaping plan for the lands between the proposed parking and Cedarhill Crescent as required through site plan approval. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Mr. Fryette advised he has reviewed the staff report, and this development has been through the site plan process. The variance is being requested because of site related issues. He also advised the developer had a meeting with neighbourhood residents, which was also attended by City staff, and the neighbours support the proposed orientation of the townhouses on the property. Mr. Sloan confirmed that a member of City Planning staff did attend the neighbourhood meeting, and the majority of the neighbours are supportive of the front yard parking. It was noted by the Committee that the City of Kitchener has a 1 ft. reserve along Cedarhill Crescent. Mr. Fryett advised that access to this site is over the abutting property on Strasburg Road. Also, the neighbours have concerns about pedestrian traffic, so the City is proposing to construct a pedestrian walkway. COMMITTEE OF ADJUSTMENT 6 JANUARY 10, 2006 4. Submission No.: A 2006-004 (Cont'dl Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Richard Altwater & Sons Ltd. and Interbuilding Investments Limited in trust requesting permission to locate 49 off-street parking spaces, for a proposed 64 unit townhouse development, between the fagade of the dwellings and the front lot line, on Blocks 304 & 305, Registered Plan 1349, 45 Cedarhill Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree to prepare and implement an enhanced landscaping plan for the lands between the proposed parking and Cedarhill Crescent as required through site plan approval. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 5. Submission No.: A 2006-005 Applicant: Activa Holdings Inc. Property Location: 11 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 33, 136, 137, Reference Plan 58R-10623 - and - Submission No.: A 2006-006 Applicant: Activa Holdings Inc. Property Location: 15 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 34, 138, 139, Reference Plan 58R-10623 - and - Submission No.: A 2006-007 Applicant: Activa Holdings Inc. Property Location: 17 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 35, 140, 141, Reference Plan 58R-10623 - and - Submission No.: A 2006-008 Applicant: Activa Holdings Inc. Property Location: 54 Hackberry Street Legal Description: Part Block 2, Registered Plan 58M-19, being Parts 25, Reference Plan 58R-10906 Appearances: In Support: Ms. V. Schmidt Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 7 JANUARY 10, 2006 5. Submission Nos.: A 2006-005. A 2006-006. A 2006-007 & A2006-008 (Cont'dl In Submission No. A 2006-005 the Committee was advised that the applicant requests permission for a lot width of 7.7 m (25.26 ft.) rather than 9m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot. In Submission No. A 2006-006 the Committee was advised that the applicant requests permission for a lot width of 7.7 m (25.26 ft.) rather than 9m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot. In Submission No. A 2006-007 the Committee was advised that a lot width of 8 m (26.24 ft.) rather than 9m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot. In Submission No. A 2006-008 the Committee was advised that a lot width of 12.6 m (41.33 ft.) rather than 15 m (49.21 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot. The Committee considered the report of the City's Planning Division, dated December 16, 2005, advising the above noted variance applications concern four properties with lot widths less than the current minimum requirement of 9 m for single family dwellings in an R-4 zone. The dwellings were constructed in the late 1990's, at which time the lot width requirement was 7.5 m for interior lots, and 12.5 for corner lots which abut streets having widths of 18 m or less. At the time of construction, the lots complied with the zoning by-law regulation. In 2000, aCity-initiated zone change concerning residential streetscapes amended the lot width requirements for single detached dwellings to a minimum of 9 m for interior lots and 15 m for all corner lots. The developer retained ownership of all lands and now wishes to sell the properties individually. Variance approval is required for the deficient lot widths before obtaining Part Lot Control approval. Planning staff have no concerns with the requested variances as the lots complied with the lot width regulations when they were created and the houses constructed. Furthermore, there is no opportunity to change the lot widths at this point in time and the lots are similar and compatible with the adjacent and surrounding lots. There have been significant issues with respect to on- street parking and driveway widening on this block of Activa Avenue. Staff recommend that the applicant confirm, and if required define, the driveways for the subject Activa Avenue lots at the maximum width allowed under the current Zoning By-law requirements which is the width of the garage -approximately 3.5m (the maximum allowable under the previous By-law for these lots was 3.85m). That applications A 2006-05 to A 2006-07 inclusive, be approved, subject to the following condition: 1. That the applicant confirm that the width of the driveway for each of 11, 15 and 17 Activa Avenue is a maximum of 3.5 meters and if not, the applicant further agrees to remove any existing hard surface material and reinstate the land appropriately so that the driveways are a maximum of 3.5m wide, all to the satisfaction of the City's Director of Transportation Planning and within 6 months of the date of this approval. Staff also recommend the approval of Submission No. A 2006-008. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with these applications. Ms. Schmidt advised these homes were constructed in the 1990's when the City's Zoning by-law permitted narrower lots. COMMITTEE OF ADJUSTMENT 8 JANUARY 10, 2006 5. Submission Nos.: A 2006-005. A 2006-006. A 2006-007 & A2006-008 (Cont'dl Submission No. A 2006-005 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Activa Holdings Inc. requesting permission for a lot width of 7.7 m (25.26 ft.) rather than the required 9 m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot, on Part Block 17, Registered Plan 58M-15, being Parts 33, 136, 137, Reference Plan 58R-10623, 11 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall confirm that the width of the driveway for each of 11, 15 and 17 Activa Avenue is a maximum of 3.5 meters and if not, the applicant further agrees to remove any existing hard surface material and reinstate the land appropriately so that the driveways are a maximum of 3.5 m wide, all to the satisfaction of the City's Director of Transportation Planning and within 6 months of the date of this approval. 2. That the applicant shall receive final approval of Submission No. A 2006-008. 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 2006-006 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Activa Holdings Inc. requesting permission for a lot width of 7.7 m (25.26 ft.) rather than the required 9 m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot, on Part Block 17, Registered Plan 58M-15, being Parts 33, 136, 137, Reference Plan 58R-10623, 11 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall confirm that the width of the driveway for each of 11, 15 and 17 Activa Avenue is a maximum of 3.5 meters and if not, the applicant further agrees to remove any existing hard surface material and reinstate the land appropriately so that the driveways are a maximum of 3.5 m wide, all to the satisfaction of the City's Director of Transportation Planning and within 6 months of the date of this approval. 2. That the applicant shall receive final approval of Submission No. A 2006-008. 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 9 JANUARY 10, 2006 5. Submission Nos.: A 2006-005. A 2006-006. A 2006-007 & A2006-008 (Cont'dl Submission No. A 2006-007 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Activa Holdings Inc. requesting permission for a lot width of 8 m (26.24 ft.) rather than the required 9 m (29.52 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot, on Part Block 17, Registered Plan 58M-15, being Parts 35, 140, 141, Reference Plan 58R-10623, 17 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall confirm that the width of the driveway for each of 11, 15 and 17 Activa Avenue is a maximum of 3.5 meters and if not, the applicant further agrees to remove any existing hard surface material and reinstate the land appropriately so that the driveways are a maximum of 3.5 m wide, all to the satisfaction of the City's Director of Transportation Planning and within 6 months of the date of this approval. 2. That the applicant shall receive final approval of Submission No. A 2006-008. 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 2006-008 Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Activa Holdings Inc. requesting permission for a lot width of 12.6 m (41.33 ft.) rather than 15 m (49.21 ft.) to facilitate apart-lot control application to permit the creation of a single detached residential lot, on Part Block 2, Registered Plan 58M-19, being Part 25, Reference Plan 58R-10906, 54 Hackberry Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall confirm that the width of the driveway for each of 11, 15 and 17 Activa Avenue is a maximum of 3.5 meters and if not, the applicant further agrees to remove any existing hard surface material and reinstate the land appropriately so that the driveways are a maximum of 3.5 m wide, all to the satisfaction of the City's Director of Transportation Planning and within 6 months of the date of this approval. 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 ADJUSTI 6. Submission No.: Applicant: Property Location: Legal Description: Appearances: IAENT 10 JANUARY 10, 2006 A 2006-009 YWCA of Kitchener-Waterloo 84 Frederick Street Lot 5, Registered Plan 388 In Support: Mr. S. Knipping Ms. E. Clarke Ms. M. Bahm Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for 6 residential units to be located on the ground floor of the existing building whereas the zoning by-law only permits residential units on the ground floor of a building used only as a multiple dwelling. The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections, provided that there is only one dwelling unit facing Frederick Street and only in the location as generally shown on the applicant's "Proposed Ground Floor Plan" dated October 27, 2005. The Committee considered the report of the City's Manager of Building, dated January 3 2006, advising he has no objections to this application provided the new dwelling units comply with all Ontario Building Code requirements for residential dwelling units (i.e. minimum room sizes, minimum window sizes, etc.) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Mr. Knipping advised these dwelling units are transitional housing for women fleeing from violence. He also explained the unit facing onto Frederick Street will be a barrier-free unit. Mr. Sloan advised there are only 3 dwelling units on the ground floor, and asked that the Committee's decision be for the correct number of units. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of YWCA of Kitchener-Waterloo requesting permission for 3 residential dwelling units to be located on the ground floor of the existing building, whereas the zoning by- law only permits residential dwelling units on the ground floor of a building used only as a multiple dwelling, on Lot 5, Registered Plan 388, 84 Frederick Street, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1. There shall be only one dwelling unit facing Frederick Street and only in the location generally shown on the applicant's "Proposed Ground Floor Plan" dated October 27, 2005. 2. That the new dwelling units shall comply with all Ontario Building Code requirements. 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 ADJUSTI 7. Submission No.: Applicant: Property Location: Legal Description: Appearances: IAENT 11 JANUARY 10, 2006 A 2006-010 Monarch Corporation Doon South Drive/Doon Mills Drive Block 98, Registered Plan 58M-226 In Support: Ms. K. Barisdale Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for street townhouse dwelling units having frontage on the private driveway portion of a Common Elements Condominium to have a minimum front yard setback of 4.26 m (13.97 ft.) to the dwelling rather than the required 4.5 m (14.76 ft.), and a front yard setback of 5.55 m (18.2 ft.) to the attached garage rather than the required 6 m (19.68 ft.). The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections to this application. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Ms. Barisdale advised the reduced setbacks are for front porches and garages, and the zoning regulations have changed since the building permit was issued. Further, the problem has been created as a result of the developer's decision to sell these units as freehold. Ms. Barisdale then requested permission to amend some of the variances. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Monarch Corporation requesting permission for: Unit 7 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 8 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 9 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 10 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 14 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 15 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 16 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 17 to have a front yard setback for the garage of 5.5 m (18.04') rather than the required 6m (19.68'); COMMITTEE OF ADJUSTMENT 12 JANUARY 10, 2006 7. Submission No.: A 2006-010 (Cont'dl Unit 18 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 19 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 20 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 21 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 22 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 23 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 1 to have a front yard setback of 4.26 m (13.97') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 2 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 3 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 4 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); Unit 5 to have a front yard setback of 4.33 m (14.2') to the dwelling rather than the required 4.55 m (14.76'), and a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); and, Unit 6 to have a front yard setback for the garage of 5.55 m (18.2') rather than the required 6m (19.68'); on Parts of Block 98, Registered Plan 58M-226, 28 Doon Mills Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 13 JANUARY 10, 2006 Submission No.: A 2006-011 Applicant: St. Mary's Hospital Property Location: 9 Pleasant Avenue Legal Description: Part Lot 399, Plan 230 and Part Lot 1, Plan 699, being Part 1, Reference Plan 58R-5103 Appearances: In Support: Mr. B. Sloan Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for the subject property to have an off-site parking agreement with St. Mary's Hospital whereas the zoning by-law does not permit an off-site parking agreement with an institutionally zoned property. The Committee considered the report of the City's Planning Division, dated December 16, 2005, advising the subject property is located on the south side of the intersection of Pleasant Avenue and Queens Blvd. The lands are designated Low Rise Residential in the Municipal Plan and Residential Five Zone (R-5) in Zoning By-law 85-1 with temporary use provision #11. The zone change for a temporary use was recently approved on November 28, 2005 to allow for the offices of a social service establishment at 9 Pleasant Avenue for a period of three years. In staff's report to Council it was noted that an off-site parking agreement would be needed prior to occupancy and the approved by-law states that no additional on-site parking would be permitted. Zoning By-law 85.1 prohibits off-street parking from being provided in Institutional Zones unless the use that requires the additional parking is also located within the same zone. The required parking for 9 Pleasant Avenue would continue to be provided on the lands located at 911 Queen's Blvd. The intent and purpose of the restrictions for off-street parking agreements is to prevent more intensive uses from utilizing parking and having a negative impact in Residential and Institutional Zones. The St. Mary's General Hospital Foundation permanent office is located at 911 Queen's Blvd and there would be no increase in the demand for parking on that property. As a result this variance would have a minimal impact on the community as there will not be any new traffic generated by the variance. The temporary use zone change was approved with the expectation of a parking agreement being entered into between 911 Queen's Blvd and 9 Pleasant Avenue for a period of three years which is more desirable than increasing parking and traffic to Pleasant Avenue. The parking in the Institutional Zone would only be required for three years after which the temporary use provision would be removed from 9 Pleasant Avenue, and the property would need to accommodate their own residential parking on site. Staff are of the opinion that the variance meets the intent of the Zoning By-law and Official Plan provided that the variance is only for the temporary nature of the use as defined by the zone change. Based on the foregoing, Planning staff recommend that the application be approved provided that the parking on 911 Queen's Blvd be for the exclusive office use of 9 Pleasant Avenue and only be permitted for a period of 3 years. The Committee considered the report of the Traffic & Parking Analyst, Transportation Planning, dated December 29, 2005, advising they have no concerns provided the off-street parking agreement remain in effect. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application.. Mr. Sloan explained the property at 9 Pleasant Avenue will be used as an administrative office for a social service agency, for which the property has recently undergone a rezoning. COMMITTEE OF ADJUSTMENT 14 JANUARY 10, 2006 8. Submission No.: A 2006-011 (Cont'dl Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of St. Mary's Hospital requesting permission to have an off-site parking agreement for the subject property with St. Mary's Hospital property at 911 Queen's Boulevard; whereas the zoning by-law does not permit an off-site parking agreement with an institutionally zoned property, on Part Lot 399, Plan 230 and Part Lot 1, Plan 699, being Part 1, Reference Plan 58R-5103, 9 Pleasant Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the parking on 911 Queen's Blvd. shall be for the exclusive use of the applicant's employees only and only for a period of 3 years. 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.: A 2006-013 Applicant: Daniel Fehr Property Location: 193 Weber Street East Leaal Description: Lot 57, Registered Plan 129 Appearances: In Support: Mr. D. Fehr Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to convert a duplex to a triplex on a lot having a width of 11.8 m (38.71 ft.) rather than 15m (49.21 ft.), with an interior side yard of 0.75m (2.46 ft.) rather than 2.5m (8.2 ft.). The Committee considered the report of the City's Planning Division, dated December 21, 2005, advising the applicant is requesting variances to legalize the existing lot width of 11.8m (instead of the required 15m) for a triplex and the existing easterly side yard setback of up to 0.75m (instead of the required 2.5m). The lands are designated Low Rise Multiple Residential in the King Street East Secondary Plan, are zoned Residential Six (R-6) and therefore are not subject to the City-initiated review of triplexes within the R-5 zone. Planning staff have no objections provided the side yard variance applies only to the building existing as of this date and there are no additional windows being introduced on the easterly side of the building and provided the following condition is included in any approval: 1. That the applicant provide an updated "site plan" drawing that indicates the property, building, garage, driveway including curb cut, unit entrances, landscaped area and outdoor amenity area with appropriate dimensions and labeling, to the satisfaction of the City's Manager of Design and Development, within 3 months of the date of this approval. COMMITTEE OF ADJUSTMENT 15 JANUARY 10, 2006 9. Submission No.: A 2006-013 (Cont'dl The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections with this application provided the designer must ensure compliance with the Ontario Building Code for a proposed third dwelling unit (i.e. minimum room size requirements, minimum headroom, minimum window sizes, etc.) the side yard will not allow any new openings in existing wall face. The Committee considered the comments of the Traffic & Parking Analyst, Transportation Planning, dated December 29, 2005, advising they have no concerns provided that adequate parking is provided on site. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 23, 2005, advising they have no concerns with this application. Mr. Fehr advised he has basement space available in this building which he would like to use for a third dwelling unit. Currently, he lives on the second floor, and he rents the unit on the first floor. Mr. Sloan noted the applicant has provided a plan with additional information for the Committee; however, more detail is required to fulfill the recommended condition. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Daniel Fehr requesting permission to convert a duplex to a triplex on a lot having a width of 11.8 m (38.71 ft.) rather than the required 15m (49.21 ft.), with an interior side yard of 0.75m (2.46 ft.) rather than the required 2.5m (8.2 ft.), on Lot 57, Registered Plan 129, 193 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall provide an updated "site plan" drawing which conforms to the zoning by-law requirements and indicates the property, building, garage, driveway including curb cut, unit entrances, landscaped area and outdoor amenity area with appropriate dimensions and labeling, to the satisfaction of the City's Manager of Design and Development, within 3 months of the date of this approval, and further, That the site plan shall conform to zoning by-law requirements. 2. That the variance as approved in this application shall apply to the building only as it exists on the date of this decision. 3. That there shall be no new windows introduced on the easterly side of this 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 COMMITTEE OF ADJUSTMENT 16 JANUARY 10, 2006 CONSENT 1. Submission No.: B 2006-001 Applicant: Dorota & Stanislaw Mosiadz Property Location: 1210 Doon Village Road Leaal Description: Part Lot 3, Biehn's Tract, Registered Plan 14730 Appearances: In Support: Mr. S. Mosiadz Contra: None Written Submissions: Mr. R. Haalboom The Committee was advised that the applicant requests permission to sever a parcel of land having a lot width on Doon Village Road of 40 m (131.23 ft.), a depth of approximately 73 m (239.5 ft.) and an area of 0.3 ha. (0.741 ac.). The retained parcel of land would have a width on Doon Village Road of 30.8 m (101.04 ft.), a depth of approximately 73 m (239.5 ft.) and an area of 0.2 ha (0.494 ac.). The severed and retained parcels of land are proposed for single detached dwellings. The Committee considered the report of the City's Planning Division, dated December 16, 2005, advising the subject property is located at 1210 Doon Village Road. The proposed severed and retained lands are vacant and are proposed for residential use. There is municipal water service available to the site but the severed and retained lots are proposed to be serviced with individual septic systems. The subject parcel was previously created through consent application 6-2003- 047. At that time, the type of septic system proposed would only allow for the creation of one lot. Since that time, a revised geotechnical report has been prepared which shows that two lots can be created which can accommodate a dwelling unit and septic system outside of the floodplain. Schneider Creek runs to the rear of the subject lands and a large portion of the proposed lots is within the floodway/flood fringe of Schneider Creek. Grand River Conservation Authority staff have confirmed, through the review of the geotechnical report (Naylor, Sept 2005) that there is sufficient area within the flood fringe on the severed and retained parcel to accommodate the house, septic system, driveway and fill without encroaching into the floodway. A Fill, Construction and Alteration to Waterways Permit will be required, from the GRCA, prior to construction of the house, driveway and septic system for the severed and retained parcels. There are several mature trees on the subject lands. A plan will be required to show the building location, including the driveway, decks, septic system, to ensure that the City's tree management policy is met. This was a requirement of B-2003-047 and an agreement has been registered on title that requires that prior to any grading or the issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning to show the proposed location of all buildings (including accessory buildings and structures), decks and driveways; the location of any existing buildings or structures to be removed or relocated; the location of all trees to be preserved or removed including notations of their size, species and condition; justification for any trees to be removed; and outline tree protection measures for trees to be preserved. The lands are located within the Upper Doon Heritage Conservation District. The City's Heritage Planner has reviewed the application and advises that the proposed severed and retained lots meet the requirements of the Upper Doon Heritage Conservation District with respect to lot width and lot area. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, staff offer the following comments. The property is zoned I-1 with Special Regulation Provision 1 R and 93R and is designated Low Rise Residential in the Municipal Plan. The proposed residential use on the severed and retained lands conforms to the Zoning By-law and Municipal Plan. The lands are to be serviced by municipal water and septic system. Part 2, Section 4.1.6 i) of the Municipal plan provides for development on individual septic systems in infilling situations in existing unserviced developed areas where other forms of servicing are not COMMITTEE OF ADJUSTMENT 17 JANUARY 10, 2006 1. Submission No.: B 2006-001(Cont'dl feasible subject to approval of a geotechnical investigation. City engineering staff have confirmed that sanitary servicing is not available in this area. As well, City building staff have reviewed the geotechnical report submitted in support of the revised application and confirm that the proposed septic system is technically acceptable, although there are very specific guidelines for both the construction of the house and maintenance of the septic system which should be adhered to and are reflected in the conditions below. City staff are of the opinion that the severance is appropriate development as both the severed and retained lots are similar in size to the existing lots on Doon Village Road (40m and 30.8 m lot width and .30 and .20 ha) and the residential use proposed is compatible with the residential buildings on both sides of Doon Village Road in this area. The lots should not have a negative impact on the neighbourhood and is appropriate development in this location. Based on the foregoing, Planning staff recommend that the application 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. 2. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the installation of all new service connections to the severed lands that may be required. 3. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. 4. That the owner enter into an agreement, prepared by the City Solicitor, that includes the following: a) That the owner shall receive approval, from the City's Chief Building Official, of the house design chosen for the severed and retained lots, certified by Naylor Engineering Associates, that it meets the criteria set out in the geotechnical investigation prepared by Naylor Engineering Associates dated June 2005. b) That the owner shall be required to service and maintain the private inground sewage disposal system to the satisfaction of the City's Chief Building Official. The Committee noted the comments of the Grand River Conservation Authority, dated January 4, 2006, advising that they have no objection to the severance application subject to the issuance of a permit from them for the construction of a house and septic system within the floodplain on either the severed or the retained lot. The geotechnical report (Naylor, Sept 2005), specifically the site plan shown on Drawing 1 has been reviewed by them, and it appears that the house, driveway, septic system and associated fill can be located entirely within the flood fringe for both lots. The lots also have safe access. The Committee noted the comments from the City's Building Division, dated January 3, 2006, in which they advise they have no objections to the proposed consent provided that the owner shall submit for the review of the City's Chief Building Official, a geotechnical investigation completed by a professional engineer, confirming the suitability of the severed lot for a private in-ground sewage disposal system. This report will include the location of the existing sewage system to the proposed property line. The Committee noted the comments of the Traffic & Parking Analyst, Transportation Planning, dated December 29, 2005, advising they have reviewed this application and would note that any future driveway accesses must comply with City of Kitchener standards, and that the relocation of any street furniture will be the responsibility of the applicant. COMMITTEE OF ADJUSTMENT 18 JANUARY 10, 2006 1. Submission No.: B 2006-001(Cont'dl The Committee noted the comments of the Region of Waterloo, dated January 4, 2006, advising the purpose of this application is to sever a 0.3 ha (0.741 ac) parcel of land with 40 m (131.23 ft) of frontage on Doon Village Road in order to create a new residential lot. The retained would become 0.2 ha (0.494 ac) in area with 30.8 m (101.04 ft) of frontage on Doon Village Road and are currently vacant. Both the severed and retained parcels are proposed for the future development of single detached dwellings. The subject property falls within Water, Historic Road and Maptremaine Buffers. The subject property is also within the Upper Doon Heritage Conservation District. As a result the subject property is considered to have potential for the recovery of archaeological remains. In accordance with Policy 6.2.10 of the Regional Official Policies Plan, the completion of a detailed archaeological assessment to the satisfaction of the Ministry of Culture is required prior to the final approval of this application. Once completed two (2) copies of the archaeological assessment should be forwarded to the Regional Planning, Housing and Community Services Department for information. The Committee was in receipt of a written submission from Mr. R. Haalboom, stating that the proposed severance is premature; it requires prior circulation to Heritage Kitchener for its review and approval. Mr. Sloan advised the City's Heritage Planner has no objections to this application as the lot widths meet the requirements of the Upper Doon Heritage Conservation District Plan. He stated the Committee could consider imposing a condition that a building permit(s) for the proposed house(s) be approved by Heritage Kitchener, or could defer consideration of this application. Mr. Z. Janecki, who is also a member of Heritage Kitchener, advised this application does not need to go to Heritage Kitchener, as it has been reviewed by the City's Heritage Planner. However, the building permits for the new houses will have to be reviewed by Heritage Kitchener, for a recommendation to City Council. With respect to the proposed septic system, Mr. Sloan advised it is not the type preferred by staff, but it does comply with the Ontario Building Code. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Dorota & Stanislaw Mosiadz requesting permission to sever a parcel of land having a width on Doon Village Road of 40 m (131.23 ft.), a depth of approximately 73 m (239.5 ft.) and an area of 0.3 ha. (0.741 ac.), on Part Lot 3, Biehn's Tract, being Part of Part 1, Reference Plan 58R-14730, 1210 Doon Village 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 make financial arrangements to the satisfaction of the City's Director of Engineering for the installation of all new service connections to the severed lands that may be required. 3. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor that includes the following: a) That the owner shall receive approval, from the City's Chief Building Official, of the house design chosen for the severed and retained lots, certified by Naylor Engineering Associates, that it meets the criteria set out in the geotechnical investigation prepared by Naylor Engineering Associates dated June 2005. COMMITTEE OF ADJUSTMENT 19 JANUARY 10, 2006 Submission No.: B 2006-001(Cont'dl b) That the owner shall be required to service and maintain the private inground sewage disposal system to the satisfaction of the City's Chief Building Official. 5. That prior to any grading or construction, the owner shall have a consultant Archaeologist carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. 6. That the owner shall make arrangements with the Grand River Conservation Authority for a permit for the construction of a house and septic system within the floodplain on the severed and/or retained lands. 7. 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. 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 January 10, 2008. Carried 2. Submission No.: B 2006-002 Applicant: Ronald & Merle Newmaster Property Location: 215 Morrison Road Legal Description: Lot 10, Registered Plan 868 Appearances: In Support: Mr. R. Newmaster Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Morrison Road of 16 m (52.49 ft.), a depth of 46 m (150.91 ft.) and an area of 736 sq. m (7,922.49 sq. ft., to be developed with a single detached dwelling. The retained parcel of land would have a width on Morrison Road of 24 m (78.74 ft.), a depth of 46 m (150.91 ft.) and an area of 1,104 sq. m (11,883.7 sq. ft., to contain the existing single detached dwelling. The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections subject to certain conditions: COMMITTEE OF ADJUSTMENT 20 JANUARY 10, 2006 2. Submission No.: B 2006-002 (Cont'dl 1. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. 2. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the comments of the Traffic & Parking Analyst, Transportation Planning, dated December 29, 2005, advising they having reviewed the application and would note that any future driveway accesses must comply with City of Kitchener standards, and that the relocation of any street furniture will be the responsibility of the owner. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated January 4, 2006 advising the subject property falls within Water Buffers. As a result the subject property is considered to have potential for the recovery of archaeological remains. In accordance with Policy 6.2.10 of the Regional Official Policies Plan, the completion of a detailed archaeological assessment to the satisfaction of the Ministry of Culture is required prior to the final approval of this application. Once completed two (2) copies of the archaeological assessment should be forwarded to the Regional Planning, Housing and Community Services Department for information. Mr. Newmaster advised the water, sewer and curb cut for the driveways are already in place. He also advised he previously severed a parcel of land from the near of this property, and all the other properties on this street have already had severances. In considering the requested condition of the Region of Waterloo Planning, Housing and Community Services, the Committee decided the request is onerous, given the circumstances of this application. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Ronald & Merle Newmaster requesting permission to sever a parcel of land having a width on Morrison Road of 16 m (52.49 ft.), a depth of 46 m (150.91 ft.) and an area of 736 sq. m (7,922.49 sq. ft.), on Part Lot 10, Registered Plan 868, 215 Morrison Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. 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 severed lands, if required. 2. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 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 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 21 JANUARY 10, 2006 2. Submission No.: B 2006-002 (Cont'dl 4. 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. 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 January 10, 2008. Carried 3. Submission No.: B 2006-003 Applicant: Frederick White Property Location: 485/487 Park Street Legal Description: Part Lot 4, Plan 438 Appearances: In Support: Mr. F. White Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land to be conveyed as a lot addition to the property at 481 Park Street, having a width of 1.63 m (5.34 ft.), a depth of 40.34 m (132.34 ft.) and an area of 125.19 sq. m. (1355.22 sq. ft.). The retained lands will have a width on Park Street of 16.66 m (54.65 ft.), a depth of 40.34 m (132.34 ft.), and an area of 612.61sq.m (6594.29 sq. ft.). The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising they have no objections, provided that owner confirms that the retained lands has a legal right of driveway access (on the northwesterly side of the building) and 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. 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. 3. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 22 JANUARY 10, 2006 3. Submission No.: B 2006-003 (Cont'd The Committee noted the comments of the Region of Waterloo, dated January 4, 2005, advising they have no objections to this application. Mr. White advised that approximately 2 years ago the City removed public parking from certain streets in this area. The purpose of this application is to allow the provision of more parking at 481 Park Street. He also advised there are shared driveways between 485 and 481 Park Street, and between 487 and 491 Park Street. Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Frederick White requesting permission to sever a parcel of land to be conveyed as a lot addition to the property at 481 Park Street, having a width of 1.63 m (5.34 ft.), a depth of 40.34 m (132.34 ft.) and an area of 125.19 sq. m. (1355.22 sq. ft.), on Part Lot 4, Registered Plan 438, 485/487 Park Street, 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 be taken into identical ownership as the abutting lands; with any subsequent conveyance or transaction 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 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. 3. 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. 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 January 10, 2008. Carried 4. Submission No.: B 2006-004 Applicant: Victoria Ariens Property Location: 437 Pioneer Tower Road Legal Description: Part of Lot 12, Beasley's Broken Front Concession, being Part 2, Reference Plan 58R-14114 - and - COMMITTEE OF ADJUSTMENT 23 JANUARY 10, 2006 Submission No.: B 2006-005 Applicant: Corporation of the City of Kitchener Property Location: Adjacent to 437 Pioneer Tower Road Legal Description: Parts 1 & 2, Plan 58R-10745 Mr. Z. Janecki declared a pecuniary interest in these applications as the planning firm he works for represents the applicant in Submission No. B 2006-004, who is also to obtain the severed land in Submission No. B 2006- 005, and did not participate in any discussion or voting with respect to this application. Appearances: In Support: Mr. J. Ariens Mr. J. Willmer Contra: Mr. T. Bocchino Written Submissions: None The Committee was advised that in Submission No. B 2006-004 the applicant requests permission to convey a parcel of land to the City of Kitchener as a lot addition to a public park. The lot addition will have no street frontage and an area of 0.427 ha (1.1609 ac). The retained land will have an area of 0.592 ha (1.46 ac) and contain the existing single family dwelling and accessory building. The Committee was advised that in Submission No. B 2006-005 the applicant requests permission sever a parcel of land having a width of approximately 7.9 m (25.9 ft.), a depth of approximately 47 m (154.19 ft.), and an area of 0.081 ha (0.2 ac.), to be conveyed as a lot addition to the adjacent property municipally known as 437 Pioneer Tower Road. The retained parcel of land would have a lot width on future Joseph Schoerg Crescent of approximately 26.5 m (86.94 ft.), a depth of 27.6 m (90.55 ft.) and an area of 0.073 ha (0.18 ac.) and is proposed to be used as public open space. The Committee considered the report of the City's Planning Division, dated January 3, 2006, advising the subject property in Submission No. B 2006-004 is located on the south side of Joseph Schoerg Crescent, which is currently under development as part of subdivision draft plan 30T-95016. The property is a 1.019 ha lot containing a single detached dwelling and an accessory building. The lands to be severed are vacant. The application proposes the severance of a 0.427 ha parcel of valley slope land as an addition to the City-owned lot fronting future Joseph Schoerg Crescent. The lands above the slope stability setback are designated as Low Rise Residential in the City's official plan; the lands below are designated as Open Space. The severed lands are zoned P-2 Open Space with special regulations. The retained lot is zoned R-2 Residential with special use and regulation provisions, and P-2 Open Space with special use and regulation provisions. It is proposed that the severed lands will remain zoned P-2 and be used as public open space, and that the retained lands will continue to be used for residential and ancillary uses as permitted by the zoning by-law. A municipality may acquire a part lot without the approval of a consent application; however, in this case the City requires the consent process so that there is clear legislative authority for the agreement proposed to be registered on title of the lands to be retained. The property addressed as 437 Pioneer Tower Road is part of the Samuel Betzner farmstead, is designated under Part IV of the Heritage Act, and is subject to a heritage conservation easement. The farmhouse was constructed in about 1837 and is currently used as a single family residence. The proposed consent is desirable as it will consolidate City-owned lands fronting Joseph Schoerg Crescent with the valley slope lands, the floodplain lands already owned by the City, and both the barn site and the floodplain lands to be conveyed to the City with registration of the Vista Ridge subdivision (30T-95016). In August 2005 this proposal was considered by Heritage Kitchener, which had no objection. COMMITTEE OF ADJUSTMENT 24 JANUARY 10, 2006 Submission Nos. B 2006-004 & B 2006-005 (Cont'dl The other historic farmhouse along the Pioneer Tower Ridge is the Schoerg farmhouse (also designated under Part IV of the Heritage Act) on lands to the east, owned by JHS Properties Inc. As part of the recently modified conditions of draft approval for the JHS subdivision, it was determined that a heritage conservation easement would not be required for the Schoerg farmhouse but that conditions of an agreement under Section 51 (25) of the Planning Act, which governs subdivisions and consents, would afford appropriate conservation of the heritage resource. The retained lands would be subject to a similar agreement, as set out in the recommendation below. After registration of the new agreement, the heritage conservation easement agreement should be released. The previous consent agreement on both the retained and severed lands is to be released from the severed lands, and remain on title of the retained lands until all conditions have been satisfied. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands. Based on the foregoing, Planning staff recommend that the application be approved subject to 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. 2. That the modified subdivision agreement on the lands to be severed, be released from title. 3. That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning & Development and Director of Engineering Services, and registered on title of the retained lands. Said agreement shall include conditions substantially in accordance with the following: 2.1 The Owner agrees that the existing dwelling shall not be altered or demolished without the approval of City Council and/or the Ontario Municipal Board, save and except for routine maintenance and repairs, in which case, the City's Director of Planning shall be advised. 2.2 The Owner agrees to the following as a means of protecting heritage features on the subject lands: a) no grading shall be undertaken until a grading control plan has been approved by the Director of Planning in consultation with the Ward Councillor, Director of Engineering and Heritage Planner; b) no tree removal shall be undertaken without the approval of the Director of Planning in consultation with the Ward Councillor, Heritage Planner and Environmental Planner; c) no landscaping shall be altered or installed except in accordance with plans approved by the Director of Planning in consultation with the Heritage Planner and Supervisor of Special Projects & Development; and, That all matters shall be installed and maintained in perpetuity in accordance with said approvals to the satisfaction of the Director of Planning; and further, this condition shall not be released from title and shall be binding on successors, heirs and assigns. The Committee also considered the report of the City's Planning Division, dated December 22, 2005, advising that the subject property in Submission No. B 2006-005 is located on the south side of Joseph Schoerg Crescent, which is currently under development as part of draft plan of subdivision 30T-95016. Both the lands to be severed and the lands to be retained are vacant. The property was acquired by the City from the subdivider of plan 30T-95016 in the interests of conserving the historic Pioneer Tower ridge. COMMITTEE OF ADJUSTMENT 25 JANUARY 10, 2006 4. Submission Nos. B 2006-004 & B 2006-005 (Cont'dl The application proposes the severance of an L-shaped parcel as an addition to the residential lot addressed as 437 Pioneer Tower Road, which was created by severance (62004-035). The lands above the slope stability setback are designated as Low Rise Residential in the City's official plan; the lands below are designated as Open Space. The severed lands and retained lands are zoned P-2 Open Space with a special regulation. The residential lot is zoned R-2 Residential with special use and regulation provisions. It is proposed that the severed lands will remain zoned P-2 and no residential or accessory structures will be permitted. The retained lands are intended to be used as public open space. A municipality may convey a part lot without the approval of a consent application; however, in this case the City has elected to utilize the consent process so that there is clear legislative authority for the agreement proposed to be registered on title of the lands to be severed. The property addressed as 437 Pioneer Tower Road is part of the Samuel Betzner farmstead, is designated under Part IV of the Ontario Heritage Act, and is subject to a heritage conservation easement. The farmhouse was constructed in about 1837 and is currently used as a single family residence. The lot has approximately 50m frontage on the future Joseph Schoerg Crescent, but has a very limited east side yard. The proposed consent is desirable as it will increase the farmhouse's east side yard from approximately 3m to approximately 10.9m, providing a much more appropriate context for this significant heritage resource. It will also result in the treed slope, including the artesian well which feeds a small on-site pond, becoming part of the residential lot. In August 2005 this proposal was considered by Heritage Kitchener, which had no objection. The other historic farmhouse along the Pioneer Tower Ridge is the Schoerg farmhouse (also designated under Part IV of the Ontario Heritage Act) on the adjoining lands to the east, owned by JHS Properties Inc. As part of the recent planning approvals for the JHS lands, the Schoerg farmhouse is to be on a lot with side yards of approximately 10.9m each; this proposed lot addition for the Betzner farmhouse would therefore be consistent. As part of the recently modified conditions of draft approval for the JHS subdivision, it was determined that a heritage conservation easement would not be required, but that conditions of an agreement under Section 51 (25) of the Planning Act, which governs subdivisions and consents, would afford appropriate conservation of the heritage resource, together with the Part IV designation. The severed lands would be subject to a similar agreement, as set out in the recommendation below. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands. At the time of the previous severance it was believed that the drilled well, which is the water supply for the farmhouse, was on the farmhouse lot. It has subsequently been determined that this well is on the land to be severed as a lot addition under the current application. A recommended condition addresses decommissioning of this well. It is the purchaser's stated intent that the lands to be severed would not be used for parking. This will be covered by a restrictive covenant in an agreement of purchase and sale. Based on the foregoing, Planning staff recommend that the application be approved subject to the following conditions: 1. 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, 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. COMMITTEE OF ADJUSTMENT 26 JANUARY 10, 2006 4. Submission Nos. B 2006-004 & B 2006-005 (Cont'dl 2. That the designation of 437 Pioneer Tower Road under Part IV of the Ontario Heritage Act shall be extended to the land to be severed and registered on title of the severed land. 3. That the purchaser enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning & Development and Director of Engineering Services, in a manner suitable for registration on title of the severed lands. Said agreement shall include conditions substantially in accordance with the following: "That purchaser agrees to decommission the drilled well located on the land to be severed, at its sole cost, within 6 months after the existing house is connected to the municipal water supply system, and shall provide proof of same satisfactory to the Chief Building Official. In the event that the purchaser fails to complete this work, the purchaser agrees to allow the City or its contractors to enter onto the premises to decommission the well, in which case the costs of such work would be recoverable in the same manner as municipal taxes." The Committee noted the comments of the Manager of Building, Development & Technical Services Department, advising they may have concerns with the proposed consents. It is realized that a new subdivision is proposed, which will bring in new City services, but until that time, all existing septic systems on retained parcel must meet requirements of Part 8 of the Ontario Building Code (i.e. minimum 3 m setback to new property lines). The Committee noted the comments of the Region of Waterloo, dated January 4, 2005, advising they have no objections to these applications. The Committee noted the comments of the Grand River Conservation Authority, dated January 4, 2006, advising they have no objection to this application. Any fill placement within the lot addition will require a permit from the Grand River Conservation Authority. Mr. Ariens advised he is acting on behalf of his wife who is the registered owner of 437 Pioneer Tower Road, and took title to this property in November 2004. When she purchased this property, they tried to justify the irregular lot configuration. Consequently, they approached the City about a land exchange, which is the purpose of this application and Submission No. B 2006- 005. He advised the City could have arranged for the transfer of the severed lands in these applications; however, a process was required by which conditions could be imposed in order to remove the heritage easement agreement registered on the title of 437 Pioneer Tower Road. Mr. Ariens explained the property abutting his wife's property is also designated under Part IV of the Ontario Heritage Act, but has no heritage easement agreement registered on title. It is now the City's intent to ensure the heritage preservation of both the former Betzner Farmstead and the former Schoerg Farmstead in the same manner. Mr. Ariens continued by advising that the net effect of these applications is a simple lot exchange: the City of Kitchener will obtain 1.1 acres of open space land, and Mrs. Ariens will obtain 0.2 acres of land which will create a larger side yard for her house. Mr. Ariens then requested a refund of the fees for his wife's application, as it has been made in the public interest. The Chair responded that the City has incurred expenses in advertising these applications for public hearing and he can not agree to a refund. Mr. J. Willmer advised these applications will allow for consistency in treatment of the Betzner Farmstead and the Schoerg Farmstead, and thy will be protected in like manner. Mr. T. Bocchino advised there was a severance approved for the Ariens property in July 2004. He stated he was in attendance in objection to that application. He had two main objections at that time, and he has the same objections now. He stated there is a conflict in the City's policy, in that the City is proposing to transfer over half of this parcel of land, which is public open space, to Mrs. Ariens for her personal benefit; whereas JHS Properties Inc., which he represents, is being COMMITTEE OF ADJUSTMENT 27 JANUARY 10, 2006 4. Submission Nos. B 2006-004 & B 2006-005 (Cont'dl forced by the City to sell them their land for the public benefit. He stated has wants to be treated fairly by the City. Mr. Willmer advised the City is acquiring land from JHS Properties Inc. in order to preserve the ridge land, which is for the public benefit. Further, the Schoerg Farmstead will have a 10-11 m. side yard. Through the applications before the Committee this date, the Betzner farmhouse will achieve a 10-11 m side yard, which is also consistent and in the public interest. Mr. Bocchino stated that he is here before the Committee to see that JHS Properties Inc. is treated fairly. Submission No. B 2006-004 Moved by Ms. D. Angel Seconded by Mr. D. Cybalski That the application of Victoria Ariens requesting permission to convey a parcel of land to the City of Kitchener, as a lot addition to a public open space block, to have an area of 0.427 ha (1.1609 ac) on, Part Lot 12, Beasley's Broken Front Concession, being Part of Part 2, Reference Plan 58R-14114, 437 Pioneer Tower 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 make arrangements with the City of Kitchener to have the modified subdivision agreement on the lands to be severed released from title. 3. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning & Development and Director of Engineering Services, and registered on title of the retained lands. Said agreement shall include conditions substantially in accordance with the following: 2.1 The Owner agrees that the existing dwelling shall not be altered or demolished without the approval of City Council and/or the Ontario Municipal Board, save and except for routine maintenance and repairs, in which case, the City's Director of Planning shall be advised. 2.2 The Owner agrees to the following as a means of protecting heritage features on the subject lands: a) no grading shall be undertaken until a grading control plan has been approved by the Director of Planning in consultation with the Ward Councillor, Director of Engineering and Heritage Planner; b) no tree removal shall be undertaken without the approval of the Director of Planning in consultation with the Ward Councillor, Heritage Planner and Environmental Planner; c) no landscaping shall be altered or installed except in accordance with plans approved by the Director of Planning in consultation with the Heritage Planner and Supervisor of Special Projects & Development; and, That all matters shall be installed and maintained in perpetuity in accordance with said approvals to the satisfaction of the Director of Planning; and further, this condition shall not be released from title and shall be binding on successors, heirs and assigns. COMMITTEE OF ADJUSTMENT 28 JANUARY 10, 2006 4. Submission Nos. B 2006-004 & B 2006-005 (Cont'dl 4. 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. 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 January 10, 2008. Carried Submission No. B 2006-005 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of The Corporation of the City of Kitchener requesting permission to convey a parcel of land having a width of approximately 7.9 m (25.9 ft.), a depth of approximately 47 m (154.19 ft.), and an area of 0.081 ha (0.2 ac.), as a lot addition to the adjacent property municipally known as 437 Pioneer Tower Road, on Parts 1 & 2, Plan 58R-10745, adjacent to 437 Pioneer Tower Road, 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 or transaction 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 designation of 437 Pioneer Tower Road under Part IV of the Ontario Heritage Act shall be extended to and registered on title of the lands to be severed. 3. That the purchaser shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning & Development and Director of Engineering Services, in a manner suitable for registration on title of the severed lands. Said agreement shall include conditions substantially in accordance with the following: "That the purchaser agrees to decommission the drilled well located on the land to be severed, at its sole cost, within 6 months after the existing house is connected to the municipal water supply system, and shall provide proof of same satisfactory to the Chief Building Official. In the event that the purchaser fails to complete this work, the purchaser agrees to allow the City or its contractors to enter onto the premises to decommission the well, in which case the costs of such work would be recoverable in the same manner as municipal taxes." COMMITTEE OF ADJUSTMENT 29 JANUARY 10, 2006 4. Submission Nos. B 2006-004 & B 2006-005 (Cont'dl 4. 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. 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 January 10, 2008. Carried 5. Submission No.: B 2006-006 Applicant: Menno Homes Inc. Property Location: 1420 King Street East Legal Description: Part of Lots 16 & 17, Subdivsion of Lot 1, German Company Tract and Part of Park Lot 25, Registered Plan 404, being Part 2, Reference Plan 58R-5751 - and - Submission No.: A 2006-012 Applicant: Menno Homes Inc. Property Location: 1420 King Street East Legal Description: Part Lots 16 & 17, Subdivision of Lot 1, German Company Tract, and Part of Park Lot 25, Plan 404, being Part 2, Reference Plan 58R- 5751 Appearances: In Support: Mr. L. Carter Contra: None Written Submissions: None In Submission No. B 2006-004, the Committee was advised that the applicant requests permission to convey a parcel of land as a lot addition to 1414 King Street East. The severed parcel will have a width of approximately of 7.8 m (22.41 ft.), an irregular depth of approximately 28.7 m (94.1 ft.), and an area of 197.4 sq. m (2,124.86 sq. ft.). The retained land will have a width on King Street of 42.5 m (139.43 ft.), a depth approximately 65.8 m (189 ft.), and an area of 2,886.8 sq. m. (31,074.27 sq. ft.), and is proposed to be developed with a senior's multiple dwelling. COMMITTEE OF ADJUSTMENT 30 JANUARY 10, 2006 5. Submission Nos. B 2006-006 & A 2006-012 (Cont'dl In Submission No. A 2006-012, the Committee was advised that the applicant requests permission to develop a senior's multiple dwelling with the ground floor fagade of the building to be setback 10 m (28.73 ft.) from King Street rather than 4m (13.12 ft.). The Committee considered the report of the City's Planning Division, dated December 22, 2005, advising the subject property is located on the north-easterly side of King Street East across from the Rockway Centre in the King Street East neighbourhood which is a main entryway to Downtown Kitchener. The lands are designated Mixed Use Corridor in the King Street East Secondary Plan and are zoned Commercial Residential Four (CR-4). The subject property now municipally addressed as 1420 King Street East was previously severed from the adjacent lands municipally known as 1414 King Street East and currently developed with a multiple storey residential condominium. The previous intent was to construct another building on the subject lands that would link to the existing condo building. The previously intended building was not constructed and a new proposal has been presented. Menno Homes is proposing to construct a 6-storey, 50-unit residential building on the subject lands. As part of this development proposal, the applicant is requesting two items from the Committee of Adjustment: Lot addition - to convey a parcel of land at the rear corner of 1420 King Street having an area of approximately 197 m2 and no frontage, to the adjacent lands at 1414 King Street East. Minor Variance -the building on the retained lands proposes a maximum front yard setback to King Street of 10m whereas the Zoning By-law currently requires a setback of between 3-4m from King Street. The development proposal is also subject to site plan control. The site plan associated with this development (SP 05/137/K/BS) has been reviewed by staff and has been approved in principle subject to certain conditions and the proposed Committee of Adjustment applications. Lot Addition -from 1420 King Street to 1414 King Street Staff are satisfied that the lot addition meets the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Both the retained parcel and the lot addition being added onto the adjacent parcel will result in properties that comply with the Zoning By-law and are in fact more regular lot lines. The area of the lot addition appears to have been used by the adjacent development for walkway and other amenity purposes and now that usage could formally take place as part of the larger condominium parcel. Minor Variance -Maximum front yard setback to King Street of 10m instead of 3-4m. The proposed variance generally conforms to the Municipal Plan policies. The Mixed Use Corridor designation is intended for higher density, transit supportive uses. The proposed apartment building is transit supportive and is permitted under the existing land use designation. Design related criteria as identified through the Municipal Plan policies are primarily being considered and addressed through the site plan design. The proposed variance meets the general intent of the existing Zoning By-law. The property is currently zoned CR-4, a mixed use zoning category which permits a broad range of commercial uses as well as higher density residential uses such as multiple dwellings. The CR-4 zoning also includes a maximum yard setback regulation related to development abutting King Street to maintain a consistent built form along king street. The applicant is proposing to extent the maximum yard setback from 4.Om to 10m. The proposed development is close to a mid-rise building that provides additional residential density in the form of affordable, seniors-oriented housing. Furthermore, the development is located along a major transit route, and maintains a maximum front yard requirement to ensure a compatible, urban built form is maintained with the adjacent building at 1414 King Street and start to narrow the streetscape focus along King Street approaching Downtown. COMMITTEE OF ADJUSTMENT 31 JANUARY 10, 2006 5. Submission Nos. B 2006-006 & A 2006-012 (Cont'dl The proposed variance is minor as the difference between the 4m and 10m for a minimum 6- storey building has a relatively minor impact provided the front yard is appropriately landscaped, the details of the building elevation along King St are considered in detail, strong pedestrian connections and outdoor amenity areas are provided to extend the private development to he public realm. Therefore, the proposed development should still positively add to the streetscape character and design criteria as established in the City's Mixed Use Corridor Urban Design Guidelines. The proposed increase in the setback would have a significantly greater impact related to lower rise building forms compared to a mid-rise building or smaller scale high rise form. The design guidelines (specifically Guideline 1.4.1) do provide flexibility to allow increased setbacks for taller buildings, dependent upon certain considerations. The proposed setback also provides an opportunity to create a transition between the less intensive, landscaped entrance of Rockway Gardens to the more urban, mixed use character along King Street. The proposed variance is appropriate for the development and use of land. The proposed setback and more specifically the design of the site as approved in principle through the site plan application provide for a new multiple storey residential building along King Street with the building presented to the street and the parking to the side and rear of the site. Also, the building should be compatible with adjacent sites and buildings and staff understand the proposed development is satisfactory to the adjacent condo board. Any increases to the maximum setback to King Street may only be considered for mid- to high-rise buildings dependent upon the site criteria; however, the current proposal for this site an appropriate compromise from previous concepts and site plans which proposed to locate the building towards the rear of the property. Although staff would prefer perhaps a taller and higher density development along this corridor, the proposed building height, at approximately 17 metres, still provides a fairly acceptable street enclosure along King Street. In terms of ratios, the proposed setback represents close to half the height of the building. The proposed setback also provides opportunity for additional green space along the corridor which is reflective of the Rockway Garden theme and overall provides an acceptable massing relationship to the abutting, larger-scale, apartment building. Based on the foregoing, Planning staff recommends that the applications be approved and that application B2006-006 be approved, subject to the following conditions: 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. 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. 3. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the comments of the City's Manager of Building dated January 10, 2006, advising he has no concerns with these applications. The Committee considered the report of the Planning, Housing and Community Services, Region of Waterloo, dated January 4, 2006, advising they have no objections to this application provided that prior to any grading or construction, and final consent approval, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. Any issuance of a building permit for future development on the lands is subject to the provision of Regional Development Charge By-law 04-049. The applicants are further advised that there may be a Regional fee assessed for development agreements if required. COMMITTEE OF ADJUSTMENT 32 JANUARY 10, 2006 5. Submission Nos. B 2006-006 & A 2006-012 (Cont'dl Mr. Carter advise this development has received approval in principle through the City's site plan process. There will be 50 units in this building which will be 6 storeys high. The units will be affordable for seniors and will be one and two bedroom units. Submission No. B 2006-006 Moved by Ms. D. Angel Seconded by Mr. Z. Janecki That the application of Menno Homes requesting permission to convey a parcel of land as a lot addition to 1414 King Street East having a width of approximately of 7.8 m (22.41 ft.), an irregular depth of approximately 28.7 m (94.1 ft.), and an area of 197.4 sq. m (2,124.86 sq. ft.), on Part of Lots 16 & 17, Subdivision of Lot 1, German Company Tract, and Part of Park Lot 25, Plan 404, being Part 2, Reference Plan 58R-5751, 1420 King Street East, 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 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. 3. 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. 4. That the owner shall receive final approval of Submission No. A 2006-012. 5. That prior to any grading or construction, the owner shall have a consultant Archaeologist carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. 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 January 10, 2008. Carried COMMITTEE OF ADJUSTMENT 33 JANUARY 10, 2006 5. Submission Nos. B 2006-006 & A 2006-012 (Cont'dl Submission No. A 2006-012 That the application of Menno Homes requesting permission to develop a seniors multiple dwelling with the ground floor fagade of the building to be setback 10m (28.73 ft.) from King Street rather than the permitted 4m (13.12 ft.), on Part of Lots 16 & 17, Subdivision of Lot 1, German Company Tract, and Part of Park Lot 25, Registered Plan 404, being Part 2, Reference Plan 58R- 5751, 1420 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 12:50 a.m. Dated at the City of Kitchener this 10th day of January, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment