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HomeMy WebLinkAboutAdjustment - 2002-04-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 16. 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and D. Cybalski. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:45 a.m. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the minutes of the regular meeting of the Committee of Adjustment of March 19, 2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leaal Description: A 2002-010 Nurko Sokolovic 727-729 King Street East Lot 5. Reaistered Plan 634 Appearances: In Support: Mr. Brian Kelly Kelly & Co. 903-50 Queen Street North Kitchener ON N2H 6P4 Mr. Nurko Sokolovic 520 Hallmark Drive Waterloo ON N2K 3P5 Contra: None Public Submissions: In Support: Mr. Brian Kelly Kelly & Co. 903-50 Queen Street North Kitchener ON N2H 6P4 Contra: None This application was previously considered at the January 29, 2002 Committee of Adjustment meeting at which time it was agreed to defer the application to allow an opportunity for additional information to be provided relative to provision of an off-site parking agreement and information requested by the Committee relative to functionality of the existing business. The Committee was previously advised that the applicant is requesting permission for a reduction in the number of parking spaces required for expansion of an existing restaurant use from 36 parking spaces to 10. This application was amended at the January 29th meeting to request permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building as restaurant, from 16 parking spaces to 7. The Committee was in receipt this date of a facsimile transmission from Mr. Brian Kelly, Solicitor for the applicant, and a copy of a draft agreement. He advised that his client is still negotiating COMMITTEE OF ADJUSTMENT 62 APRIL 16, 2002 1. Submission No.: A 2002-010 !Cont'd) with an adjacent property owner to formalize current parking arrangements for provision of 7 off- site parking spaces. The written submission also included additional information regarding the billiards portion of the subject property in response to questions raised at the Committee's meeting of January 29, 2002. Mr. Kelly advised that his client is requesting a further deferral to finalize arrangements regarding the parking agreement and advised that more time was required to prepare the agreement because of the intricacies involved in having the agreement registered on title. He further advised that delay is also in part due to possible change in ownership and use of the subject property in the near future. By general consent, it was agreed that this application would be deferred to the Committee's meeting to be held on Tuesday, June 18, 2002. CONSENT 1. Submission Nos.: Applicant: Property Location: Legal Description: B 2001-048 to B 2001-050 Inclusive Ivan Biuk Construction Ltd. Pinnacle Drive Block 10, Registered Plan 1480 and Part Lot 6, Lot 7, Registered Plan 578, designated as Part 1 on Reference Plan 58R-6207 The Chair advised that the Committee was in receipt of a facsimile letter dated April 12, 2002 from Mr. Bill Kowalchuk, agent for the applicant, requesting deferral of these applications to the Committee's next meeting. By general consent, it was agreed that these applications would be deferred to the Committee's meeting to be held on May 7, 2002. The Committee then recessed the meeting, temporarily, at 9:45 a.m. in order to consider applications for variances to the City of Kitchener's Sign and Fence By-laws. This meeting reconvened at 10:15 a.m. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leaal Description: A 2002-019 Alecal Properties Ltd. 257-269 Victoria Street North Lot 94 and Part Lots 93 & 95. Reqistered Plan 374 Appearances: In Support: Mr. Max Norris Alecal Properties Ltd. 257 Victoria Street North Kitchener ON N2H 5C9 Contra: Mr. Paul Sobczuk 38 Ellen Street West Kitchener ON N2H 4K3 Mr. Chris Sheppard 46 Ellen Street West Kitchener ON N2H 4K3 Mr. Chris Doucette 42 Ellen Street West Kitchener ON N2H 4K3 Public Submissions: In Support: None COMMITTEE OF ADJUSTMENT 63 APRIL 16, 2002 1. Submission No.: A 2002-019 !Cont'd) Contra: Mr. & Mrs. John Payne 34 Ellen Street West Kitchener ON N2H 4K3 Ms. Karen Stainton Mr. Bruce Payne 30 Ellen Street West Kitchener ON N2H 4K3 The Committee was advised that the applicant is requesting permission to extend an existing legal non-conforming warehouse from 12.07 m x 18.6 m (39.59 ft. x 61.02 ft.) to 12.19 m x 30.48 m (39.99 ft. x 100 ft.) in size, having an easterly side yard setback of 0 m rather than the required 3 m (9.84 ft.) and a front yard setback of 1.4 m (4.6 ft.), rather than the required 6 m (19.68 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 1 0, 2002 - in support, subject to certain conditions; . Director of Building - April 1 0, 2002 - in support, subject to certain conditions; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - April 13, 2002 . Region of Waterloo - April 9, 2002 . Grand River Conservation Authority - April 5, 2002; . Mr. & Mrs. John Payne, 34 Ellen Street West and Mr. Bruce Payne & Ms. Karen Stainton, 30 Ellen Street West - April 15, 2002 - opposed; concerns raised include noise from the nature of the business; strong chemical odours; oily run-off following rainfall; barking from a guard dog; and safety concerns relative to the poor condition of the existing structure. Mr. M. Norris advised that he had reviewed the staff comments and pointed out that the existing building was currently situated on the property line. In this regard, he stated that relocating to within a 6 m setback from Victoria Street and a 3 m setback from the sideyard as recommended by staff would create hardship as an existing gateway, driveway and shear shed would also have to be relocated. Mr. Norris proposed a compromise of a 1.5 m sideyard setback. Mr. Paul Sobczuk was in attendance to oppose the application and raised concerns with respect to the suitability of the business within the surrounding residential neighbourhood, the disrepair of the structure and fence, noise, chemical odours and dirt emanating from the property. Mr. C. Doucette was also present in opposition and raised similar concerns regarding odour from diesel fuels, noise, barking by the guard dog, oily run-off after rainfalls, the poor condition of the structure and health and safety issues. Mr. C. Sheppard was also present in opposition and raised concern that permitting expansion of the building would create the potential for odours, noise, etc. to increase as well. He further pointed out that Ellen Street is undergoing heritage consideration and area residents take pride in improving their properties. Mr. Norris stated that he was attempting to improve the subject property and pointed out that no mechanical manufacturing or processing is done on-site. He stated that the site is primarily used for storage, parking of vehicles and as an office for the business. He acknowledged that part of the fence was leaning and advised this would be fixed. In addition, he stated that while his guard dog barks occasionally, continuous barking comes from another dog on an abutting residential property. In response to Mr. P. Kruse, Ms. J. Given explained that the setbacks proposed are for permitted uses in the C-6 zone and if the building was located on the site in accordance with C-6 regulations, it would be more compatible with abutting properties and permit future use of the building in compliance with the by-law; whereas, a 1 .5 m sideyard would not comply. 1. Submission No.: A 2002-019 !Cont'd) COMMITTEE OF ADJUSTMENT 64 APRIL 16, 2002 In response to a further question, Ms. Given suggested that the proposed expansion would have a neutral affect with respect to activity on site and staff have opportunity to enhance proposed improvements through conditions of approval. Ms. Given further offered that the applicant could lessen the impact to the driveway by reducing the width of the building and making it longer. Mr. Norris advised that he had not considered reconfiguring the building and would need time to investigate this suggestion. Mr. Norris responded to several questions regarding the necessity of relocating the shear shed and it was determined that the setback from Victoria could be accommodated by removing some of the portable storage sheds to the rear of the building with no impact to the shear shed. In response to questions from Mr. Sheppard, Ms. Given further clarified the legal non-conforming status of the property and the impact the proposed setbacks will have for future use of the property. Members of the Committee were of the opinion that the proposed expansion could be accommodated within the required setbacks. It was also pointed out that the operation of the business has legal non-conforming status and the concerns raised by those in opposition are beyond the purvue of the Committee in considering the merits of the application. In addition, the proposal was not considered to unnecessarily extend the legal non-conforming use but rather would result in improvements to the building that would be more compatible with the neighbourhood. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Alecal Properties Ltd. requesting permission to expand an existing legal non-conforming warehouse from 12.07 m x 18.6 m (39.59 ft. x 61.02 ft.) to 12.19 m x 30.48 m (39.99 ft. x 100 ft.) in size, on Lot 94 and Part Lots 93 & 95, Registered Plan 374, 257 - 269 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the existing building and the expansion shall not exceed 372 m2 (4,000 sq. ft.). 2. That the addition shall be constructed having a 3 m (9.84 ft.) easterly sideyard. 3. That the repair and reconstruction of the existing building shall be undertaken such that the easterly wall is constructed no closer than 3 m (9.84 ft.) from the side yard and the northerly wall no closer than 6 m (19.68 ft.) from the Victoria Street lot line. 4. That the owner shall obtain a building permit prior to renovation of the existing building and construction of the new addition. It is the opinion of this Committee that: 1 . The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 2. Submission No.: A 2002-020 COMMITTEE OF ADJUSTMENT 65 APRIL 16, 2002 Applicant: Property Location: Leaal Description: Trustees of St. Stephen Lutheran Church 248 & 448 Highland Road East Part Lots 8 & 9 and Lots 7.11.12.13.14 and 15. Reqistered Plan 652 Appearances: In Support: Mr. Ronald Mark 300-255 King Street North Waterloo ON N2J 4V2 Pastor Bill Schafer St. Stephen Lutheran Church 248 Highland Road East Kitchener ON N2M 3W2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing religious institution having a front yard setback of 5.7 m (18.7 ft.), rather than the required 6 m (19.68 ft.); a northerly side yard setback of 4.5 m (14.76 ft.) and a southerly side yard setback of 1.6 m (5.24 ft.), rather than the required 6 m (19.68 ft.); a side yard abutting Stirling Avenue South of 4.6 m (15.3 ft.), rather than the required 6 m (19.68 ft.); and a rear yard setback of 1.1 m (3.6 ft.), rather than the required 7.5 m (24.6 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 8, 2002 - in support; . The following had no concerns or comments with respect to this application: . Director of Building - April 1 0, 2002 . Traffic & Parking Analyst - April 13, 2002 . Region of Waterloo - April 9, 2002 . Grand River Conservation Authority - April 5, 2002. Mr. R. Mark, agent for the applicant, advised that he had reviewed the comments and was in agreement with the recommendation contained therein. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of the Trustees of St. Stephen Lutheran Church requesting permission to legalize an existing religious institution having a front yard setback of 5.7 m (18.7 ft.), rather than the required 6 m (19.68 ft.); a northerly side yard setback of 4.5 m (14.76 ft.) and a southerly side yard setback of 1.6 m (5.24 ft.), rather than the required 6 m (19.68 ft.); a side yard abutting Stirling Avenue South of 4.6 m (15.3 ft.), rather than required 6 m (19.68 ft.); and a rear yard setback of 1.1 m (3.6 ft.), rather than the required 7.5 m (24.6 ft.), on Part Lots 8 & 9 and Lots 7, 11, 12, 13, 14 & 15, Registered Plan 652, 248 & 448 Highland Road East, 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 3. Submission No.: A 2002-021 COMMITTEE OF ADJUSTMENT 66 APRIL 16, 2002 Applicant: Property Location: Leaal Description: Tomkar Trophies & Awards Co. Ltd. 52 Francis Street North Lot 122. Reqistered Plan 374 Appearances: In Support: Mr. Tom Toth 52 Francis Street North Kitchener ON N2H 5B5 Mr. Michael Basic 10 Westwood Drive Apt. 214 Kitchener ON N2M 5P2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a second storey addition for residential use having a maximum floor space ratio of .45 rather than the permitted .40. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 9, 2002 - in support, subject to an amendment to provide for a westerly side yard of 0.35 m rather than the required 1.2 m; . Director of Building - April 1 0, 2002 - in support, subject to certain conditions; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - April 13, 2002 . Region of Waterloo - April 9, 2002 . Grand River Conservation Authority - April 5, 2002. . Canadian National Railway Properties Inc. - April 15, 2002 - propose a warning clause in all development agreements, offers to purchase, agreements of purchase and sale or lease, including a noise impact statement and the owner engage a consultant to undertake an analysis of noise and provide abatement measures necessary to achieve maximum level limits set by the Ministry of Environment. Mr. Michael Basic, agent for the applicant, advised that his client wishes to have more living space for his family and operates a small trophy assembly business from his home. Mr. Toth advised that he had discovered that his roof was in need of repair and at that time had made a decision to construct an addition to further improve his living accommodations. The Chair enquired if the applicant was in agreement with amending the application with respect to the side yard deficiency and Mr. Toth advised he was in agreement. Comments of the Director of Building and CN Railway were then considered and Mr. Toth advised that he was in agreement with conditions relative to the building comments; however, requested clarification with respect to the comments of CN. Following discussion, Mr. P. Kruse advised that he was not prepared to impose conditions suggested by CN as the subject property is located considerable distance from any railway tracks and was of the opinion the conditions proposed were inappropriate. 3. Submission No.: A 2002-021 !Cont'd) COMMITTEE OF ADJUSTMENT 67 APRIL 16, 2002 Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Tomkar Trophies & Awards Co. Ltd. requesting permission to construct a second storey addition for residential use having a maximum floor space ratio of 0.45 rather than the permitted 0.40 and a westerly side yard setback of 0.35 m (1.14 ft.), rather than the required 1.2 m (4 ft.), on Lot 122, Registered Plan 374, 52 Francis Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction of the new addition. 2. That the wall to be located less than 1.2 m (4 ft.) from the property line shall have no openings, a 1 hour fire rating and be of non-combustible cladding. 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 4. Submission No.: Applicant: Property Location: Leaal Description: A 2002-022 Ellanor Burkart 55 Duncairn Avenue Lot 46. Reqistered Plan 1091 Appearances: In Support: Mr. Will Burkart 55 Duncairn Avenue Kitchener ON N2M 4S5 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a rear yard detached accessory building, 4.5 m x 4.88 m (14.76 ft. x 16 ft.) in size, having a maximum lot coverage of 18% rather than the permitted 10%. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 11, 2002 - in support, subject to the application being amended to reflect that of the 18% lot coverage, 15% is for an accessory garage and 3% is for a proposed gazebo; . Director of Building - April 1 0, 2002 - in support, subject to certain conditions; . The following had no concerns or comments with respect to this application: . Traffic & Parking Analyst - April 13, 2002 . Region of Waterloo - April 9, 2002 4. Submission No.: A 2002-022 !Cont'd) COMMITTEE OF ADJUSTMENT 68 APRIL 16, 2002 . Grand River Conservation Authority - April 5, 2002. In response to Mr. S. Kay, Mr. Will Burkart acknowledged that the dimensions of the proposed accessory building had been incorrectly quoted in the notice given for this application and should be changed to 7.6 m x 9.14 m (24.93 ft. x 29.98 ft.); however, the requested variance remains the same at 18% lot coverage. In response to a question from Mr. S. Kay, Mr. Will Burkart advised that he did not intend to use the garage for a workshop but rather for storage of antique automobiles and other materials on his property. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Ellanor Burkart requesting permission to construct a rear yard detached accessory building, 7.6 m x 9.14 m (24.93 ft. x 29.98 ft.) in size, having a maximum lot coverage of 15% and a proposed gazebo having a maximum lot coverage of 3%, for a total of 18% lot coverage for accessory buildings, rather than the permitted 10%, on Lot 46, Registered Plan 1091, 55 Duncairn Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1 . That the owner shall obtain a building permit prior to construction of the new garage and gazebo. 2. That the wall to be located less than 1.2 m (4 ft.) from the property line shall have no openings. 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 5. Submission No.: Applicant: Property Location: Leaal Description: A 2002-023 Harold & Patti Morgan 129 Binscarth Road Part Block B. Reqistered Plan 230 Appearances: In Support: Ms. Mildred Frey 17 Church Street West Elmira ON N3B 1 M2 Contra: None Public Submissions: In Support: None Contra: Mr. & Mrs. Brian Bannon 73 Pleasant Avenue Kitchener ON N2M 4A5 5. Submission No.: A 2002-023 !Cont'd) COMMITTEE OF ADJUSTMENT 69 APRIL 16, 2002 The Committee was advised that the lands involved in this application were the subject of a previously approved Consent Application, Submission No. B 2002-006. As a condition of approval the applicant was required to submit a minor variance application to request permission to legalize an existing residential structure on the lands to be retained having a minimum corner lot width of 12.192 m (40 ft.) rather than the required 15 m (49.21 ft.) and a covered porch with an easterly sideyard setback adjacent to Pleasant Avenue of 2.47 m (8.1 ft.) rather than the required 3 m (9.84 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 9, 2002 - in support, subject to amending the application to provide for a reduction in the corner lot width of 13.5 m rather than 12.192 m as stated in the application; . The following had no concerns or comments with respect to this application: . Director of Building - April 1 0, 2002; . Traffic & Parking Analyst - April 13, 2002 . Region of Waterloo - April 9, 2002 . Grand River Conservation Authority - April 5, 2002. . Mr. & Mrs. Brian Bannon, 73 Pleasant Avenue - April 10, 2002 - opposed; concerns raised relate to the covered porch which they suggest the owner recently renovated and should have been aware of the zoning requirements. In response to Mr. P. Kruse, Ms. M. Frey, agent for the applicant, advised that she had reviewed the staff comments and was in agreement with amending the application relative to the reduction in the corner lot width. The Committee reviewed the letter of objection from Mr. & Mrs. Bannon and it was the opinion of Mr. S. Kay that the location of the covered porch does not adversely affect the neighbouring property. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of Harold & Patti Morgan requesting permission to legalize an existing residential structure on a lot having a minimum corner lot width of 13.5 m (44.29 ft.), rather than the required 15 m (49.21 ft.) and an existing covered porch having an easterly sideyard setback adjacent to Pleasant Avenue of 2.47 m (8.1 ft.), rather than the required 3 m (9.84 ft.), on Part Block B, Registered Plan 230,129 Binscarth Road, 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 COMMITTEE OF ADJUSTMENT 70 APRIL 16, 2002 1. Submission No.: Applicant: Property Location: Legal Description: B 2002-009 Waterloo Catholic District School Board 250 East Avenue Lots 65, 79, & 80 to 84 inclusive and Part Lots 64, 79 & 110, Registered Plan 351 Appearances: In Support: None 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 containing an existing residential use as a lot addition to an abutting property known municipally as 268 East Avenue, having a lot width of 27.825 m (91.29 ft.), by an average depth of 21.732 m (71.29 ft.) and an area of 565.1 m2 (6,082.88 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): . Business & Planning Services - April 9, 2002 - request deferral of the application until a minor variance application is considered to reduce the minimum sideyard requirement to 3.2 m (10.51 ft.) on the lands to be severed and any other minor variances that may be required through the proposed severance on either the retained or severed lands. The Secretary-Treasurer advised that Mr. Mervyn Villemaire, agent for the applicant, had given verbal agreement to deferral of the application and pointed out that in order to allow time for a minor variance application to be submitted, the consent application would have to be deferred until May 28, 2002. By general consent, it was agreed that this application would be deferred to the Committee of Adjustment meeting to be held on Tuesday, May 28, 2002 to allow a minor variance application to be submitted. ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this16th day of April, 2002. J. Billett Secretary-Treasurer Committee of Adjustment