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HomeMy WebLinkAboutAdjustment - 2002-03-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 19. 2002 MEMBERS PRESENT: Messrs. P. Kruse, P. Britton and D. Cybalski. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:00 a.m. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of February 19, 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 March 18, 2002 from Mr. R. Lawson, Kruse, Lawson & Haller on behalf of his client Ms. F. Furlong, advising that his client wishes to withdraw the application. Accordingly, this application was not considered. CONSENT 1. Submission No.: Applicant: Property Location: Leaal Description: B 2002-007 Devonshire Lanark Place Inc. 44 Lanark Crescent Part of Block G. Reaistered Plan 1448 The Chair advised that the Committee was in receipt of a minor variance application, Submission No. A 2002-017, which is to be considered in conjunction with this consent application. Accordingly, Consent Application B 2002-007 was temporarily set aside to be considered with the minor variance application later on during this meeting. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2002-015 1205584 Ontario Ltd./Eden Homes 599 Marl Meadow Crescent Part of Block 1, Registered Plan 1832, designated as Part 72 on Reference Plan 58R-12889 COMMITTEE OF ADJUSTMENT 52 MARCH 19, 2002 1. Submission No.: A 2002-015 !Cont'd) Appearances: In Support: Mr. Steve Hall 7 Lavender Rd. Cambridge, ON N1P 1C8 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a covered concrete porch to the rear of the proposed dwelling having a rear yard setback of 9.07 m (29.75 ft.), rather than the required 10m (32.8 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - March 7, 2002 - in support, subject to the application being amended to permit a reduction of 9 m rather than 9.07 m as a safety margin; . The following had no concerns or comments with respect to this application: . Director of Building - March 6, 2002 . Traffic & Parking Analyst - March 13, 2002 . Region of Waterloo - February 27,2002 . Grand River Conservation Authority - March 14, 2002. The Chair reviewed the comments, noting that staff are recommending the application be amended and inquired if Mr. Hall was in agreement. Mr. Hall advised that he had reviewed the comments and was in agreement with the recommendation of staff to amend the application. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of 1205584 Ontario Ltd./Eden Homes requesting permission to construct a covered concrete porch to the rear of the proposed dwelling having a rear yard setback of 9 m (29.52 ft.), rather than the required 10m (32.8 ft.), on Part of Block 1, Registered Plan 1832, designated as Part 72 on Reference Plan 58R-12889, 599 Marl Meadow Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be generally in accordance with the drawing prepared for building permit application by Black, Shoemaker, Robinson & Donaldson Limited, dated January 10, 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 COMMITTEE OF ADJUSTMENT 53 MARCH 19, 2002 2. Submission No.: Applicant: Property Location: Leaal Description: A 2002-016 Angelica Stangen-Krupp 16 Breckenridge Drive Part Lot 51 . Reqistered Plan 1307 Appearances: In Support: Ms. Angelica Stangen-Krupp 16 Breckenridge Drive Kitchener, ON N2B 2N9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to locate one required parking space for a home business (hair salon) in tandem (one behind the other) rather than side by side. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - March 11, 2002 - in support; . The following had no concerns or comments with respect to this application: . Director of Building - March 6, 2002 . Traffic & Parking Analyst - March 13, 2002 . Region of Waterloo - February 27,2002 . Grand River Conservation Authority - March 14, 2002. The Chair reviewed the comments and inquired if the applicant had anything further to add. Ms. Stagen-Krupp advised that she had reviewed the comments and had nothing further to add. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Angelica Stangen-Krupp requesting permission to locate one required parking space for a home business (hair salon) in tandem (one behind the other), rather than side by side, on Part Lot 51, Registered Plan 1307, 16 Breckenridge 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 3. Submission No.: Applicant: Property Location: Leaal Description: A 2002-018 Brent Martin/James Schlegel 16 Schneider Avenue Part Lot 11 . Reqistered Plan 58 Appearances: COMMITTEE OF ADJUSTMENT 54 MARCH 19, 2002 3. Submission No.: A 2002-018 !Cont'd) In Support: Ms. Cindy Chaves Hertzberger, Olsen & Associates 10 Duke St. w. Kitchener, ON N2H 3W4 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting legalization of an existing triplex located on a parcel of land having a maximum lot width of 13.51 m (44.35 ft.), rather than the required 15 m (49.2 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - March 8, 2002 - in support, subject to the application being amended to include an additional variance relative to a reduction in the minimum lot area from 495 m2 to 494.14 m2; . Heritage Planner - February 22, 2002 - in support, subject to the applicant being advised that the property is designated under Part V of the Ontario Heritage Act (Victoria Park Area Heritage Conservation District) and any erection, demolition, relocation or alteration of any structure on the property may require the submission and approval of a Heritage Permit Application; . Grand River Conservation Authority - March 14, 2002- in support, subject to the applicant being advised that the property is partially within the flood fringe and any new development occurring in the flood fringe must meet certain criteria and will require a Fill, Construction and Alteration to Waterways Permit; . The following had no concerns or comments with respect to this application: . Director of Building - March 6, 2002 . Traffic and Parking Analyst - March 13, 2002 . Region of Waterloo - February 27,2002. The Chair reviewed the comments and inquired if the applicant was prepared to amend the application as recommended by staff. Ms. Cindy Chaves advised that she was in agreement with amending the application. In response to Mr. P. Britton, Ms. J. Given advised that staff are satisfied that the site is sufficient to accommodate the required three parking spaces for the triplex and are of the understanding that the site also contains a framed garage. In response to Mr. P. Kruse, Ms. C. Chaves stated that she was unsure if there was a garage on site as she understood it to be an outdoor shed; however, advised that the site does contain three parking spaces. In response to Mr. P. Britton, Ms. Given advised that the comments of the Heritage Planner are simply to put the owner on notice that if any alterations to the existing structure are to be undertaken then submission and approval of a Heritage Permit Application may be required. She further pointed out that an independent process for Heritage Permits is in place and it is not necessary to impose it as a condition of approval. Ms. C. Chaves advised that the property is already a triplex and no alterations are anticipated. 3. Submission No.: A 2002-018 !Cont'd) COMMITTEE OF ADJUSTMENT 55 MARCH 19, 2002 In response to Mr. P. Britton, Ms. Given and the Secretary-Treasurer advised that the G.R.CA has implemented plan review fees for planning applications and at this time, the municipality is not responsible for collection of their fee. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Brent Martin and James Schlegel requesting permission to legalize an existing triplex located on a parcel of land having a maximum lot width of 13.51 m (44.35 ft.), rather than the required 15 m (49.2 ft.) and having a minimum lot area of 494.14 m2 (5,319.1 sq. ft.), rather than the required 495 m2 (5,328.3 sq. ft.), on Part Lot 11, Registered Plan 58, 16 Schneider Avenue, 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 CONSENT & MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Leaal Description: B 2002-007 & A 2002-017 Devonshire Lanark Place Inc. 44 Lanark Crescent Part of Block G. Reqistered Plan 1448 Appearances: In Support: Mr. Jim Hebb Sifton Properties Limited P.O. Box 5099 London, ON N6A 4M8 Contra: None Public Submissions: In Support: None Contra: None Consent Application, Submission No. B 2002-007, was previously considered at the Committee's meeting held on February 19, 2002, at which time the application was deferred to allow a minor variance application to be submitted and to allow staff to review wording of conditions. The Committee was previously advised that with respect to Consent B 2002-007, 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). With respect to Minor Variance Application, Submission No. A 2002-017, the applicant is requesting permission for a 0 m sideyard setback rather than the required 1.2 m (3.94 ft.) along the proposed separation line between the existing structure and the proposed long term care facility to accommodate independent mortgages. COMMITTEE OF ADJUSTMENT 56 MARCH 19, 2002 1 . Submission Nos.: B 2002-007 & A 2002-017 !Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): a) Consent B 2002-007 . Business and 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; . Business and Planning Services - Addendum - March 18, 2002 - revised wording of Condition 2 and a list of conditions of consent which could apply if a full consent application was required; . The following had no concerns or comments with respect to Consent B 2002-007: . Director of Building - January 29, 2002 . Traffic & 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. b) Minor Variance A 2002-017 . Business & Planning Services - March 7, 2002 - in support, subject to the variances approved being in accordance with the site design ultimately approved under Site Plan Application SP 02/03/UBS; . The following had no concerns or comments with respect to Minor Variance A 2002-017: . Director of Building - March 6, 2002 . Traffic & Parking Analyst - March 13, 2002 . Region of Waterloo - February 27,2002 . Grand River Conservation Authority - March 14, 2002. The Chair reviewed the comments and inquired if the applicant had anything further to add. Mr. J. Hebb advised that he had reviewed the comments and had nothing further to add. For clarification, Ms. Given advised that conditions listed in the addendum report which could be imposed under full consent in the event of a default of mortgage are for the Committee's information only and are not intended to be imposed as conditions of approval at this time. She stated that it is not possible to impose these conditions at this time as full details relative to servicing and rights-of-way will not be known unless, and until, full consent is required. In response to Mr. P. Britton, Ms. Given advised that the proposed agreement under Condition 2 will be binding on successors and assigns. Mr. P. Britton also made reference to the conditions that could be imposed if full consent is applied for and in particular, the entering into of a common facilities agreement, and inquired if the agreement proposed under revised Condition 2 could make reference to the conditions of full consent. Ms. J. Given advised that the condition could be revised accordingly. Consent B 2002-007 Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Devonshire Lanark Place Inc. requesting permission to mortgage separately that part of the subject lands proposed to be developed with a long term residential 1 . Submission Nos.: B 2002-007 & A 2002-017 !Cont'd) COMMITTEE OF ADJUSTMENT 57 MARCH 19, 2002 care facility, shown as Part 1 on the Draft Reference Plan prepared by Farncomb, Kirkpatrick & Stirling Surveying Limited (File No. 01-465-C) and having an area of 0.972 ha (2.4017 ac), on Part of Block G, Registered Plan 1448,44 Lanark Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall submit drawings containing the necessary fire separation, building spatial separation, and any other Building Code requirements, pertaining to the proposed addition (as shown on the plan prepared by Sedun & Kanerva Architects Inc. entitled "First Floor Plan", dated January 2002) on the lands to be severed, to ensure that the addition would comply with the Ontario Building Code in the event that default of mortgage should occur and obtain a building permit for the construction of same to the satisfaction of the City's Chief Building Official. 2. That the owner and mortgagee shall enter into an agreement with the City of Kitchener, to be registered on title, acknowledging that in the event of a default of mortgage consent to sever and establishment of necessary rights-of-ways shall be applied for, with said agreement to make reference to the conditions of full consent outlined in Business & Planning Services Addendum Report dated March 18, 2002, and that said agreement be to the satisfaction of the City's Solicitor. 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 March 19, 2004. Carried Minor Variance A 2002~17 Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Devonshire Lanark Place Inc. requesting permission to construct an addition to the existing structure to be used as a long term care facility on lands to be mortgaged separately under Consent Application, Submission No. B 2002-007, having a westerly 0 m side yard setback and an easterly 0 m side yard setback, rather than the required 1.2 m (3.94 ft.), along the proposed separation line between the existing structure and the proposed long term care facility to accommodate the independent mortgages, on Part of Block G, Registered Plan 1448, 44 Lanark Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall be in accordance with the site design finally approved under Site Plan Application SP 02/03/UBS. It is the opinion of this Committee that: 1 . The variances requested in this application are minor in nature. 1 . Submission Nos.: B 2002-007 & A 2002-017 !Cont'd) COMMITTEE OF ADJUSTMENT 58 MARCH 19, 2002 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 2002-008 George Tilt 1047 Doon Village Road Part Lot 3. Biehn's Tract Appearances: In Support: Mr. Kent Campbell Brubacher & Associates Inc. 274 Frederick Street Kitchener, ON N2H 2N4 Mr. George Tilt Ms. Karen Tilt 1047 Doon Village Rd. Kitchener, ON N2P 1A6 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to convey a parcel of land for single residential development having frontage on Doon Village Road of 36 m (118.11 ft.), by an average depth of 131 m (429.79 ft.) and an area of 4,569 m2 (49,181.91 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - March 14, 2002 - recommending deferral until such time as a suitable plan has been submitted to the Chief Building Official indicating the location of the existing sewage disposal system on the lands to be retained; also recommends that Part 3 as shown on the sketch attached to the application should be included in the lands to be severed as it is not required for road widening purposes resulting in amendment to the lot area of the lands to be severed of 4,632 m2; . Heritage Planner - February 22, 2002 - in support, subject to the applicant being advised that the subject property is designated under Part V of the Ontario Heritage Act (Upper Doon Heritage Conservation District) and that the erection, demolition, relocation or alteration of any structure on the lands to be retained or the lands to be severed may require the submission and approval of a Heritage Permit Application; . Grand River Conservation Authority - March 14, 2002 - in support, subject to a 15 m buffer being maintained between the wetland and the new development; . Region of Waterloo - March 12, 2002 - in support, subject to completion of a detailed archaeological assessment to the satisfaction of the Ministry of Tourism, Culture & Recreation; in addition, the subject site has been identified as lands with suspected contamination; Regional staff are uncertain of the potential health or safety risks; the lands are not located within a well-field and as the Region does not have a direct corporate interest is not requesting a Record of Site Condition; if the Committee decides to impose such a condition or other similar requirement the Committee, and not the Region, should be 1. Submission No.: B 2002-008 (Cont'd) COMMITTEE OF ADJUSTMENT 59 MARCH 19, 2002 responsible for its release. . The following had no concerns or comments with respect to this application: . Director of Building - March 6, 2002 . Traffic & Parking Analyst - March 13, 2002; . Brubacher and Associates Inc. - revised sketch showing the location of the septic tank on the retained lands submitted to the Committee on March 19, 2002; . Business & Planning Services - addendum to March 14, 2002 comments - conditions for approval of B 2002-008, submitted to the Committee on March 19, 2002. The Chair reviewed the comments and inquired if the applicant was in agreement with amending the application to include Part 3 as shown on the sketch as part of the severed lands. Mr. K. Campbell advised that in anticipation a road widening may be required, Part 3 had been segregated from the severed parcel. As it is not required as a road widening, he advised that he was in agreement with amending the application to include it as part of the severance. In response to Mr. P. Britton, the applicants advised that the pond was constructed by a family ancestor from springs flowing from underneath the subject property. In response to a further question of Mr. Britton, Mr. Campbell indicated that he did not believe the pond was listed in Schedule "A" to the G.R.CA's regulations. Accordingly, Mr. Britton stated that he was not inclined to impose a condition of approval relative to the G.R.CA's requirements as he was of the understanding unless a wetland is specifically listed in the Schedule, a Fill Permit is not required and the owner is free to make any modifications deemed appropriate. Mr. P. Britton then referred to the Region's comments regarding possible contamination of the site and the applicants provided a history of uses on the property, including a brick yard that utilized raw material (clay) on site; pasture for farm animals (cows); and, gardening. Mr. Campbell added that the lands have historically been owned by the Tilt family and have never been owned by industry. Ms. Given clarified that the Region's comments are based on an adjoining property at 1075 Doon Village Road that may have been used for auto body and auto painting; however, she advised that little information exists as to why it is on the contamination list. She further noted that staff are not recommending that a Record of Site Condition be imposed as a condition of approval. Members of the Committee agreed that in the absence of more concrete evidence it would not be appropriate to impose such a condition. In general, concerns were expressed with regard to the nature of the Region's comments and the lack of factual basis that could be linked to the necessity of imposing certain conditions. It was agreed that staff would coordinate a meeting with Regional staff and members of the Committee to provide a forum for further discussion regarding this issue. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of George Robert Tilt requesting permission to convey a parcel of land for single residential development having frontage on Doon Village Road of 37.67 m (123.58 ft.), by an average depth of 131 m (429.79 ft.) and an area of 4,632 m2 (49,860.06 sq. ft.), on Part Lot 3, Biehn's Tract, 1047 Doon Village Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall pay to the City of Kitchener a cash-in-Iieu contribution for park dedication equal to 5% of the value of the lands to be severed. 2. That the owner shall make financial arrangements to the satisfaction of the City's Assistant General Manager of Engineering Services for the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp, on the severed lands. 1. Submission No.: B 2002-008 (Cont'd) COMMITTEE OF ADJUSTMENT 60 MARCH 19, 2002 3. That the owner shall make financial arrangements to the satisfaction of the City's Assistant General Manager of Engineering Services for the installation of all new service connections to the severed lands. 4. 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. 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the severed lands, which shall include the following: a) The owner shall prepare a Tree Preservation Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Principal Planner and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. 6. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 7. That the owner shall submit a detailed archaeological assessment for the severed parcel to the Ministry of Tourism, Culture and Recreation for approval; a copy of the completed assessment must be forwarded to the Regional Commissioner of Planning, Housing and Community Services. 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 March 19, 2004. Carried ADJOURNMENT On motion, the meeting adjourned at 10:25 a.m. Dated at the City of Kitchener this 19th day of March, 2002. J. Billett Secretary-Treasurer Committee of Adjustment