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HomeMy WebLinkAboutAdjustment - 2002-02-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 19. 2002 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac, and P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. C. Bluhm, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:45 a.m. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of January 29, 2002, as mailed to the members, be accepted. UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: Carried A 2001-041 Frances Furlong 30 Chapel Street Part Lot A, German Company Tract, Registered Plan 363 and Subdivision of Lot 2, Lot 4 and Part Lot 3, German Company Tract The Chair advised that the Committee was in receipt of a letter dated February 18, 2002 from Mr. R. Lawson, Kruse, Lawson & Haller, on behalf of his client Ms. F. Furlong, requesting deferral of this application to the Committee's next meeting. By general consent, it was agreed that this application would be deferred to the Committee's meeting to be held on March 19,2002. 2. Submission No.: Applicant: Property Location: Legal Description: A 2002-005 673147 Ontario Inc. 236-264 Victoria Street North Part Lot 19, Subdivision of Lot 3, German Company Tract, Lots 33 to 42 and Part Lots 29 to 32, Registered Plan 374, Part Lots 41 and 122, Streets and Lanes Appearances: In Support: Contra: Public Submissions: Mr. R. Hardie Richard Hardie & Associates Inc. 260 Huron Rd. Kitchener, ON N2G 3W5 None In Support: None Contra: None COMMITTEE OF ADJUSTMENT 40 FEBRUARY 19, 2002 2. Submission No.: A 2002-005 !Cont'd) This application was previously considered by the Committee on January 8, 2002 at which time the application was deferred on request of Mr. R. Hardie, agent for the applicant. The Committee was previously advised that the applicant is requesting permission to convert an existing industrial building to office space having a gross floor area of 50% rather than the permitted 25%. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - December 20, 2001 - requesting deferral until approval of Municipal Plan Amendment No. 36 (New Commercial Policies); . Business & Planning Services - February 13, 2002 (revised) - in support subject to the application being amended to permit free standing office use in the C-6 Zone and to permit a side yard of 1 m (3.28 fl.) rather than the required 3 m (9.84 fl.) and subject to the appeal period for Municipal Plan Amendment No. 36 (New Commercial Policies) expiring with no appeals; . Director of Building - December 17, 2001 - in support subject to a building permit being obtained prior to any construction; . Region of Waterloo - December 18, 2001 - in support subject to a traffic analysis being submitted to determine the extent of the road improvements required on Victoria Street; . Canadian National Railway Properties Inc. (CN) - January 4, 2002 - in support subject to the following: . installation and maintenance of a chain link fence; . concurrence of the railway and submission of a drainage report prior to any proposed alterations to the existing drainage pattern affecting the railway property; . noise and vibration analysis and provision of abatement measurements to achieve maximum level limits of the Ministry of Environment; . regard for CN guidelines relative to protective measures for office use including a minimum of 30 m building setback from the railway right-of-way and a 2 m high earthen berm; . The following had no concerns or comments with respect to this application: . Traffic and Parking Analyst - January 3, 2002 . Grand River Conservation Authority - January 3, 2002. The Chair reviewed the comments and inquired if Mr. Hardie had anything further to add. Mr. R. Hardie advised that he had reviewed the staff comments and was in agreement with the recommendation contained therein. Mr. P. Britton suggested, and it was agreed, that the condition relating to final approval of Municipal Plan Amendment No.36 be amended to require that the Amendment be approved "in final non-appealable form". He then referred to comments of CN and questioned the appropriateness of their requests. Ms. J. Given advised that the issues raised by CN would more appropriately be considered during site plan review. She also suggested that the Committee have regard for the restrictiveness of the setbacks that CN is requesting. With regard to CN's comments and the issue of liability relative to the proposed new building, Mr. P. Britton suggested that a condition be imposed to restrict 100% office use to the existing building only. Mr. Hardie pointed out that the size and shape of the property makes it difficult for placement of buildings. He commented that the 30 m setback suggested by CN is very restrictive and would be difficult to meet as the property is only approximately 50 m deep. He agreed that the request for a fence is legitimate and pointed out that noise levels would have to meet Ministry of Environment guidelines. He further commented that in comparison to the total site 44% is COMMITTEE OF ADJUSTMENT 41 FEBRUARY 19, 2002 2. Submission No.: A 2002-005 !Cont'd) proposed for office use while the Zoning By-law permits 25%, and the Municipal Plan Amendment provides that office use is appropriate on this site. The Chair pointed out that when the Zoning By-law is amended to comply with the Municipal Plan Amendment, the second structure could be used for office use without requiring Committee approval. In this regard, he agreed that it would be appropriate to limit the variance to the existing structure only. Mr. Hardie stated that this would be acceptable. The Chair referred to the comments of the Region of Waterloo regarding a traffic analysis. Mr. Hardie advised that he had received a further letter from the Region indicating that no further road allowance is required. He further advised that a traffic analysis has been submitted; however, is still under review by the Region. By general consent, it was agreed that the requests made by CN would not be included as conditions of approval; however, staff were directed to take these comments into consideration during site plan review. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of 673147 Ontario Inc. requesting permission for free standing office use (100%), rather than the permitted 25%, and a sideyard setback of 1 m (3.28 fl.), rather than the required 3 m (9.84 ft.), on Part Lot 19, Subdivision of Lot 3, German Company Tract, Lots 33 to 42 and Part Lots 29 to 32, Registered Plan 374, Part Lots 41 and 122, Streets and Lanes, 236 - 264 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1 . That the variances as approved in this application shall apply only to the building existing on February 19, 2002. 2. That Municipal Plan Amendment No. 36 (New Commercial Policies) shall be finally approved in non-appealable form. 3. That the owner shall obtain a building permit prior to any construction to accommodate new uses. 4. That a traffic analysis shall be submitted and approved to the satisfaction of the Region of Waterloo to determine the extent of road improvements required on Victoria Street. 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 The Committee then recessed the meeting, temporarily, at 10:15 a.m. in order to consider an application for minor variance to the City of Kitchener's Fence By-law. This meeting reconvened at 10:45 a.m. COMMITTEE OF ADJUSTMENT 42 FEBRUARY 19, 2002 NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2002-012 A.W.O.L. Investments Ltd. 14 Leacrest Court Lot 51 and Part Lot 52, Registered Plan 1270, designated as Parts 1 and 2 on Reference Plan 58R-5982 Appearances: In Support: Mr. M. Neyers A.W.O.L. Investments Ltd. R.R.#2 St. George, ON NOE 1 NO Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to reduce the number of required parking spaces for a multiple residential use, to which one additional unit is proposed to be added, from 44 parking spaces to 36 spaces. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - February 12, 2002 - recommending that the application be dismissed as it is no longer required and that the application fee be refunded; . Director of Building - January 29, 2002 - in support subject to a building permit being obtained prior to construction of the new apartment; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - February 14, 2002 . Region of Waterloo - January 30,2002 . Grand River Conservation Authority - January 31 , 2002. The Chair referred to the comments of Business & Planning Services, noting that the variance for parking is no longer required as it has been determined the subject property already has 32 parking spaces available and only 31 spaces are required for the 26 unit apartment building. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That Minor Variance Application, Submission No. A 2002-012, as applied for by AW.O.L. Investments Ltd. for the property known municipally as 14 Leacrest Court, BE DISMISSED, as it has been determined not to be required and that the application fee in the amount of $304.00 be refunded to the applicant. Carried 2. Submission No.: Applicant: Property Location: A 2002-013 1077941 Ontario Limited/The Cora Group Inc. 49 Frederick Street/198-200 King Street West COMMITTEE OF ADJUSTMENT 43 FEBRUARY 19, 2002 2. Submission No.: A 2002-013 !Cont'd) Legal Description: Part Lots 2, 6, 30, 32 and 34, Registered Plan 364, designated as Parts 3 and 5 on Reference Plan 58R-488 Appearances: In Support: Mr. P. McCormick Mr. A. Conrad The Cora Group Inc. 40 Weber St. E. Mezzanine Level Kitchener, ON N2H 6R3 Mr. D. Thompson RHL Architects 279 Queen St. S. Kitchener, ON N2G 1W4 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a new glazed entry vestibule at the corner of Frederick and Duke Streets for the existing commercial use, having a 0 m side yard setback adjacent to Duke Street rather than the required 4.5 m (14.76 fl.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - February 13, 2002 - in support subject to the variances as approved being generally in accordance with the drawing submitted with the application; . Director of Building - January 29, 2002 - in support subject to a building permit being obtained prior to construction of the new vestibule; . Region of Waterloo - February 4,2002 - no concerns; advise that a 20 fl. daylighting triangle can be deferred to a future development application and upon request are prepared to consider a reduction to 12 fl. to avoid necessity of an encroachment agreement; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - February 14, 2002 . Grand River Conservation Authority - January 31 , 2002. The Chair reviewed the comments and inquired if the applicant had anything further to add. Mr. A Conrad, The Cora Group Inc., advised that they were in support of the staff recommendation. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1077941 Ontario Limited/The Cora Group Inc. requesting permission to construct a new glazed entry vestibule at the Frederick and Duke Street entrance to the Market Square Mall, having a 0 m sideyard setback adjacent to Duke Street East rather than the required 4.5 m (14.76 ft.), on Part Lots 2, 6, 30, 32 and 34, Registered Plan 364, designated as Parts 3 and 5 on Reference Plan 58R-488, 49 Frederick Street/198-200 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1 . That the variances as approved in this application shall be generally in accordance with the drawings submitted with Minor Variance Application, Submission No. A 2002-013. 2. That the owner shall obtain a building permit prior to construction of the new vestibule. 2. Submission No.: A 2002-013 !Cont'd) COMMITTEE OF ADJUSTMENT 44 FEBRUARY 19, 2002 It is the opinion of this Committee that: 1 . The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 3. Submission No.: Applicant: Property Location: Leaal Description: A 2002-014 St. Joseph's Healthcare System 911 Queen's Boulevard Lots 341 to 365 inclusive. Reqistered Plan 230 Mr. P. Britton declared a pecuniary interest in this application as he has undertaken pro bono work on behalf of St. Mary's Hospital and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Mr. G. Wood Parkin Architects 1 Valleybrook Dr. Toronto, ON M3B 2S7 Ms. M. Taylor, Vice-President Mr. B. Anderson, Director Facilities Development St. Mary's Hospital 911 Queen's Blvd. Kitchener, ON N2M 1 B2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a metal/glass canopy on the north side of the property having a 3.27 m (10 fl. 9 in.) setback rather than the required 7.5 m (24.6 fl.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - February 13, 2002 - in support subject to the application being amended to delete the request for a setback of 0.5 m for a retaining wall; . Director of Building - January 29, 2002 - in support subject to a building permit being obtained prior to construction of the canopy; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - February 14, 2002 . Region of Waterloo - January 30,2002 . Grand River Conservation Authority - January 31 , 2002. The Chair reviewed the comments and inquired if the applicants had anything further to add. Mr. G. Wood advised that he was in agreement with the recommendations proposed by staff. 3. Submission No.: A 2002-014 !Cont'd) COMMITTEE OF ADJUSTMENT 45 FEBRUARY 19, 2002 The Chair referred to the retaining wall and Ms. Given reviewed the reasons why the variance for the retaining wall is not required. Mr. G. Wood then reviewed the drawings and required setback for the canopy. Moved by Mr. S. Kay Seconded by Mr. B. Isaac That the application of St. Joseph's Healthcare System requesting permission to construct a metal/glass canopy on the north side of the subject property having a 3.27 m (10ft. 9 in.) setback from Queen's Boulevard, rather than the required 7.5 m (24.6 ft.), on Lots 341 to 365 inclusive, Registered Plan 230, 911 Queen's Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the owner shall obtain a building permit prior to construction of the new canopy. It is the opinion of this Committee that: 1 . The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: Applicant: Property Location: Leaal Description: B 2002-006 Harold & Patti Morgan 129 Binscarth Road Part of Block B. Reqistered Plan 230 Appearances: In Support: Mr. & Mrs. H. Morgan 129 Binscarth Rd. Kitchener, ON N2M 3E4 Contra: None Public Submissions: In Support: None Contra: Mr. & Mrs. B. Bannon 73 Pleasant Ave. Kitchener, ON N2M 4A5 The Committee was advised that the lands involved in this application were the subject of a previously approved Consent application (B 2001-042). The size of the lot proposed to be severed has been changed resulting in re-application to the Committee of Adjustment. The lands to be severed will now have frontage on Pleasant Avenue of 12.836 m (42.11 fl.), by an average depth of 20.681 m (67.85 fl.) and an area of 240 m2 (2,583.42 sq. fl.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): 1. Submission No.: B 2002-006 !Cont'd) COMMITTEE OF ADJUSTMENT 46 FEBRUARY 19, 2002 . Business and Planning Services - February 12, 2002 - opposed as the severance would leave the retained lot with an inadequate usable rear yard amenity space and the resulting lots would not conform to the surrounding subdivision; . The following had no concerns or comments with respect to this application: . Director of Building - January 29, 2002 . Traffic and Parking Analyst - February 14, 2002 . Region of Waterloo - February 5,2002 . Grand River Conservation Authority - January 31 , 2002; . Mr. & Mrs. Brian Bannon, 73 Pleasant Avenue - February 5, 2002 - opposed; refers to concerns submitted in consideration of original Consent application B 2001-042 relating to the small size of the proposed lot, potential height of the building to be constructed, driveway access, increased traffic and heritage issues; also includes a letter of response dated October 1, 2001 to the Committee's decision respecting B 2001-042; expresses the opinion that the original intent including conditions be adhered to. The Chair reviewed the comments and inquired if the applicant had anything further to add. Mr. H. Morgan explained that following preparation of a survey it was determined the size of the severed lot did not conform to the original decision of the Committee (B 2001-042) and accordingly, a new application was submitted. Mr. Morgan stated that the lot is now 240 m2 which is still in keeping with the minimum lot area allowed being 235 m2 He stated that in his opinion, the retained lands have sufficient rear yard amenity space containing a sizeable concrete pad which can be used as a patio, approximately 12 ft. of yard space beyond the pad and ample space for two vehicles to park ahead of the pad. Mr. Morgan advised that the proposed lot and dwelling will accommodate their need for affordable retirement living space. In response to questions, Ms. J. Given advised that it was not possible to comply with the Committee's original decision as too many of the dimensions given at that time were inaccurate; a variance will be required for the retained lot to permit a corner lot width of 13.6 m rather than 15 m; staff are not able to determine compliance with regard to setbacks on the retained lot as the house is not shown on the survey; the proposed dwelling on the severed lands shown on the plans submitted appears to comply; in relationship to other lots in the neighbourhood, the setbacks are closer than most others, the format of the proposed one storey dwelling is similar to the 1 % storey war-time homes, is consistent with the square footage of living space, but has the garage underneath. Ms. J. Given referred to the public submission received from Mr. Bannon and in response to questions advised that the subject property was one block removed from the St. Mary's Heritage Conservation District and while Mr. Bannon had forwarded a letter of response to the Committee's original decision, he had not formally appealed to the Ontario Municipal Board. Mr. P. Britton commented that he viewed this application to be similar in intent to the previous application; however, had concern with compliance of the existing dwelling on the retained lands. Accordingly, he advised that he was prepared to support the application subject to a survey plan being submitted to staff to ensure that the existing building on the retained lands complies with zoning regulations. Ms. J. Given advised that a number of conditions had been imposed relative to the previous decision and requested that they also be applied to the current application with the exception of the condition relating to a variance for the existing dwelling pertaining to the sideyard abutting a street. She advised that this particular variance had been completed under Minor Variance Application, Submission No. A 2001-078. She pointed out, however, that a subsequent minor variance application will be required for the corner lot width of the retained lands. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Harold and Patti Morgan requesting permission to convey a parcel of land to be developed with a single residential dwelling, having frontage on Pleasant Avenue of 12.836 COMMITTEE OF ADJUSTMENT 47 FEBRUARY 19, 2002 1. Submission No.: B 2002-006 !Cont'd) m (42.11 ft.), by an average depth of 20.681 m (67.85 fl.) and an area of 240 m2 (2,583.42 sq. fl.), on Part of Block B, Registered Plan 230, 129 Binscarth Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall provide a detailed plan showing the existing structure on the retained lands to ensure compliance with all zoning regulations to the satisfaction of the City's Principal Planner. 2. That the owner shall submit and receive final approval of a minor variance application to address any zoning deficiencies with respect to the retained lands, including provision of a corner lot width of 13.6 m (44.6 fl.), rather than the required 15 m (49.2 fl.). 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal taxes and/or local improvement charges. 4. That the owner shall make financial arrangements to the satisfaction of Engineering Services for the installation of all new service connections to the severed lands. 5. That the owner shall make financial arrangements to the satisfaction of Engineering Services for the installation, to City standard, of boulevard landscaping, including street trees and a paved driveway ramp on the severed lands. 6. That the shed located on the lands to be severed shall be removed or relocated so as to comply with the Zoning By-law to the satisfaction of the City's Principal Planner. 7. That the owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, agreeing that a dwelling having only one storey may be constructed on the severed lands. 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 February 19, 2004. Carried 2. Submission No.: Applicant: Property Location: Leaal Description: B 2002-007 Devonshire Lanark Place Inc. 44 Lanark Crescent Part of Block G. Reqistered Plan 1448 Appearances: In Support: Mr. J. Hebb Sifton Properties Limited P.O. Box 5099 London, ON N6A 4M8 2. Submission No.: B 2002-007 !Cont'd) COMMITTEE OF ADJUSTMENT 48 FEBRUARY 19, 2002 Contra: None Other: Mr. D. Gibbs 4 Lanark Court Kitchener, ON N2N 2R3 Public Submissions: In Support: Mr. W. Reid Devonshire Erin Mills Inc. P.O. Box 5099 London, ON N6A 4M8 Contra: None The Committee was advised that the applicant is requesting permission to mortgage separately that part of the subject lands proposed to be developed with a long term care facility. Registered ownership of the entire parcel is intended to remain under one ownership. The parcel to be mortgaged will have an area of 0.972 ha (2.4017 ac). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - February 8, 2002 - in support subject to certain conditions to ensure future compliance with the Ontario Building Code and the Zoning By-law in the event of mortgage default; . The following had no concerns or comments with respect to this application: . Director of Building - January 29, 2002 . Traffic and Parking Analyst - February 14, 2002 . Region of Waterloo - February 5,2002 . Grand River Conservation Authority - January 31 , 2002; . Mr. Wayne Reid, Devonshire Erin Mills Inc. - February 14, 2002 - acknowledgement that if the mortgage defaults a consent application for severance for conveyance must be applied for along with an application for minor variance to address any zoning concerns. The Chair reviewed the comments and inquired if Mr. Hebb had anything further to add. Mr. J. Hebb advised that as a result of receiving government grants the existing facility is to be converted to a retirement home and a new long term care facility is to be constructed on the subject property. He pointed out that the purpose of this application is to provide separate financing for the two different components. The Chair expressed concern with the potential for the properties to come under separate title in the event the mortgage defaults and questioned why all lands could not be included in one mortgage. Mr. Hebb advised that a lender has not yet been obtained and pointed out that the Planning Act does make provision for this type of consent. Mr. P. Britton recognized that the Act does provide for this type of application; however, had concern that the property still be able to function as one in the event of a default. In this regard he suggested that it would be helpful to have a site plan that recognizes rights-of-way and easements that could be implemented in the event of a default to ensure compliance with the Building Code. Ms. J. Given advised that previous attempts to acquire provisions for easements and rights-of-way in advance of a default have been unsuccessful as it is not possible to register these on title until a default occurs and the lands are under separate title. She noted that the condition of entering into an agreement is intended to cover issues relating to compliance with the Building Code and zoning in the event of a default. 2. Submission No.: B 2002-007 !Cont'd) COMMITTEE OF ADJUSTMENT 49 FEBRUARY 19, 2002 In response to comments of the Chair, Mr. Hebb pointed out that the amount to be financed for the new facility is substantially less than the value of the whole of the lands that would become collateral under one mortgage. He advised that discussions with potential lenders have taken place and he is confident that mortgages can be obtained. He reiterated that the conditions recommended by staff address concerns regarding compliance with the Building Code and zoning. In response to the Chair, Ms. Given advised that in the event of default full consent would be required as full title is not achieved through default. Mr. Britton clarified that default would create controlling interest rather than title to the property. He suggested that a cautious approach should be taken with respect to this application and preferred to deal up front with the variance relative to a 0 m sideyard setback where the existing and proposed buildings will meet. Mr. David Gibbs, owner of 4 Lanark Crescent, was in attendance and questioned that in the event the properties become separate, would they comply fully with zoning requirements. Mr. P. Britton pointed out that the Committee is attempting to determine the best mechanism to ensure this occurs. The Chair expressed concern that a mortgage company may have difficulty commiting to this type of proposal. Mr. Hebb advised that any potential lender would have to sign the agreements and reiterated that he was confident that mortgages can be obtained. He further stated that the City is protected by the agreements that would be registered on title. Mr. P. Britton suggested that staff look at revising Condition No.2 to reference any conditions that would be imposed under full consent so that the lender would have knowledge of what full consent would entail. The Chair suggested that the applicant consider deferral of the application to allow staff to further review wording of conditions and to allow a minor variance application to be submitted for consideration at the Committee's next meeting. Discussion was then entered into with respect to timing for the proposed construction of the new facility and submission deadlines for the next meeting. In response to Mr. P. Britton, Mr. Hebb advised that the site plan submitted some time ago is close to final approval and a building permit has been applied for. Mr. D. Gibbs questioned if any traffic surveys or studies had been undertaken as part of the site plan review. Ms. Given advised that traffic related issues are considered more predominantly at the time zoning is put in place; however, pointed out that Traffic and Parking staff do comment on site plans. Mr. J. Hebb questioned what purpose there would be in applying for the minor variance now if it does not affect the building process. Mr. P. Britton commented that the Committee was trying to provide a complete package with full disclosure to the benefit of the applicant in presenting this proposal to potential lenders. Mr. J. Hebb agreed to defer this application to the Committee's next meeting to be held on March 19,2002. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That Consent Application, Submission No. B 2002-007, as applied for by Devonshire Lanark Place Inc. for the property known municipally as 44 Lanark Crescent, BE DEFERRED, to the March 19, 2002 Committee of Adjustment meeting to allow submission of a minor variance application for simultaneous consideration to address compliance with zoning regulations in the event of a mortgage default and to allow staff to revise the wording of Condition No.2, to include full disclosure of any conditions that may be imposed on full consent to address compliance with the Building Code in the event of a default. Carried COMMITTEE OF ADJUSTMENT 50 FEBRUARY 19, 2002 ADJOURNMENT On motion, the meeting adjourned at 12:20 p.m. Dated at the City of Kitchener this 19th day of February, 2002. J. Billett Secretary-Treasurer Committee of Adjustment