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HomeMy WebLinkAboutAdjustment - 2006-02-14COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 14, 2006 MEMBERS PRESENT: Messrs. P. Britton, B. Isaac and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. T. Kraemer, Administrative Clerk. Mr. P. Britton, Chair called this meeting to order at 10:41 a.m. MINUTES Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment, of January 10, 2006, as mailed to the members, be amended, to include the proper legal description and municipal address for A 2006- 006, on Page 8. "being Parts 34, 138, 139, Reference Plan 58R-10623, 15 Activa Avenue". Carried Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment, of January 10, 2006, as mailed to the members and amended this date, be adopted. Carried MINOR VARIANCE 1. Submission No.: A 2005-062 Applicant: Robert Nowak Property Location: 6 Madison Avenue South Legal Description: Lot 19, Registered Plan 365 Appearances: In Support: Mr. H. Nowak Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to provide 2 parking spaces in tandem in the existing driveway, for 62sq. m. (667.38 sq. ft.) of gross retail space at the rear of the building; whereas the by-law does not permit tandem parking. Legalization of a lot having a width of 10.8 m. (35.43 ft.) rather than 16 m. (52.49ft.), a southerly side yard of 0.23 m. (0.754 ft.) rather than 1.2 m. (3.93 ft.), and a rear yard of 0.38 m. (1.24 ft.) rather than 7.5 m. (24.6 ft.). The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising they have no objections to this application. COMMITTEE OF ADJUSTMENT 35 FEBRUARY 14, 2006 1. Submission No.: A 2005-062 tCont'd) The Committee considered the report of the City's Traffic & Parking Analyst, dated February 3, 2006, advising that in light of the subject property being surrounded with both on-street parking and a commercial parking lot, they recommend approval of a parking decrease from 3 spaces to 2 spaces for the commercial requirement. While they cannot comment on the legal non- conforming parking for the residential component, they note that from a practical standpoint any tenant(s) having a vehicle may have a difficult time with the tandem parking. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 6, 2006, advising they have no concerns with this application. Mr. Nowak advised the Committee that this property was developed in the early 1950's. There are 2 apartment units in the front of the building and a commercial component in the rear. There is now a new commercial use, being the sale of crafts, paint and artwork. There is enough room in the driveway for 2 tandem parking spaces, and only 1 residential tenant has a car. Further, there is all kinds of public parking in this area. Mr. R. Parent advised that parking for the residential units is legal non-conforming, and the commercial component requires 3 parking spaces, but can only provide 2. He also advised that there is public parking available on the street, and a commercial parking lot next door. He agreed with the Chair that any approval should be relative to the specific use. When questioned, Mr. Nowak advised that the hours of operation for the shop are afternoons, early evenings and Saturdays. The committee generally agreed that any approval will be relative to the specific use. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Robert Nowak requesting permission to provide 2 parking spaces in tandem in the existing driveway, for 62sq. m. (667.38 sq. ft.) of gross retail space at the rear of the building in which crafts, paint and artwork is sold; whereas the by-law does not permit tandem parking; and legalization of a lot having a width of 10.8 m. (35.43 ft.) rather than 16 m. (52.49ft.), a southerly side yard of 0.23 m. (0.754 ft.) rather than 1.2 m. (3.93 ft.), and a rear yard of 0.38 m. (1.24 ft.) rather than 7.5 m. (24.6 ft.), on Lot 19, Registered Plan 365, 6 Madison Avenue South, 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 2006-014 Applicant: Heide Anderson Property Location: 19 Caprice Court Legal Description: Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581 Appearances: In Support: Ms. H. Anderson Mr. M. Rhorbacher Contra: None COMMITTEE OF ADJUSTMENT 36 FEBRUARY 14, 2006 2. Submission No.: A 2006-014tCont'd) Written Submissions: Mr. W. G. Sawh The Committee was advised that the applicant requests permission to construct an attached carport with a southerly side yard of 0.5 m. (1.64 ft) rather than 1.2 m. (3.93 ft.). The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising they have no concerns with this application provided that there is no fence or other attachment to the carport, that any eavestrough does not encroach onto the adjacent property and provided all drainage is directed to the applicant's property. The Committee considered the report of the City's Manager of Building, dated February 3, 2006, advising he has no objections provided the new construction conforms to the Ontario Building Code and columns shall have a 45-minute fire resistance rating with 6x6 posts. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 6, 2006, advising they have no concerns with this application. The Committee received the written submission of Mr. Sawh a neighbouring property owner, in opposition to this application, as he had a similar application refused. Ms. Anderson advised she accepts the conditions recommended by staff. With respect to her neighbour's objections, Ms. Anderson advised her driveway is of a double width, and it is the only driveway of that width on the street. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Heidi Anderson requesting permission to construct an attached carport with a southerly side yard of 0.5 m. (1.64 ft) rather than 1.2 m. (3.93 ft.), on Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581, 19 Caprice Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That there shall be no fence or other attachment to the carport. 2. That any eavestrough on the carport shall not encroach onto the abutting property. 3. That prior to the issuance of a building permit, the owner shall receive approval of a drainage plan for the carport from the City's Chief Building Official. 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 37 FEBRUARY 14, 2006 3. Submission No.: A 2006-015 Applicant: Eastforest Homes Property Location: 44 Henhoeffer Crescent Legal Description: Lot 44, Registered Plan 58M-308 - and - Submission No.: A 2006-016 Applicant: Eastforest Homes Property Location: 51 Henhoeffer Crescent Legal Description: Lot 56, Registered Plan 58M-308 Appearances: In Support: Mr. K. Hillis Contra: None Written Submissions: None Mr. P. Britton advised that he, as a planning consultant, worked on this plan of subdivision on behalf of the subdivider. He questioned Mr. Hillis as to who owns this lot, and whether the sale of this lot is contingent on the approval of these applications. Mr. Hillis advised these lots are owned by Eastforest Homes, and his client is a small builder. Further, the offer to purchase is not contingent on this application. Mr. Britton offered to stand down if Mr. Hillis so wished, and Mr. Hillis advised that would not be necessary. The Committee was advised that in Submission No. A 2006-015 the applicant requests permission to construct a driveway such that a portion of the driveway will be 8.4 m (27.55 ft.) from the intersection of Henhoeffer Crescent and Henhoeffer Court rather than 9 m (29.52 ft.). The Committee was further advised that in Submission No. A 2006-016, the applicant requests permission to construct a driveway such that a portion of the driveway will be 8.4 m (27.55 ft.) from the intersection of Henhoeffer Crescent and Henhoeffer Court rather than 9 m (29.52 ft.). The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising the applications do no meet the intent of the Zoning By-law and therefore should be refused. Several years ago the City worked with the Development Industry to amend the Zoning By-law requirement with respect to the driveway setback for residential corner lots. The requirement was changed to a 9.0 m setback from the intersection. Since that time, there have been several instances where builders propose to construct a dwelling on a corner lot that perhaps has a larger garage or dwelling than can adequately fit on the lot and maintain the driveway setback requirement. In some cases, the builder has proposed driveways at "awkward" angles or designs in order to try and meet the 9.Om requirement at the street line. As a result, this past year the City amended the Zoning By-law again in order to require that the entire length of the driveway be straight and maintain the 9.0 m setback to the garage. The driveway design on the subject two lots continues to propose angled driveways and clearly does not meet the intent of the Zoning By-law. Staff recommends that for corner lots, such as the subject properties, (which are `different' lots) that the builder considers a `different' house design, and in this case it may not be a double-car garage. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 6, 2006, advising they have no concerns with these applications. COMMITTEE OF ADJUSTMENT 38 FEBRUARY 14, 2006 3. Submission No.: A 2006-015 and A 2006-016 tCont'd) The Chair questioned whether Mr. Hillis was aware of the change in zoning by-law, and he responded that he has been aware of this change since last year. Mr. Hillis stated he believed there would be some tolerance when working with subdivisions that were approved before the by- law changed. He stated he did not know if the offer to purchase is specific to this style of house. Further, if these applications are not approved, the builder will probably reduce the size of the garage door. The Chair suggested that consideration of these applications be deferred to the March meeting. He asked Mr. Hillis to inform staff as to whether the offers to purchase these lots are based on the proposed house designs. Further, Mr. Hillis was required to identify whether there will be hardship if these applications are not approved, and explain why the owner can not comply with the by-law. It was generally agreed by all members that the applications be so deferred. 4. Submission No.: A 2006-017 Applicant: First Romanian Baptist Church Property Location: 1710 Glasgow Street Legal Description: Lot 39, German Company Tract, being Part 4, Reference Plan 58R- 6914 Appearances: In Support: Mr. T. Nedelcu Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to expand a legal non- conforming religious institution from 1242 sq. m. (13,369.21 sq. ft.) to 1627 sq. m. (17,513.45 sq. ft.). The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising the subject property is located on the west side of Glasgow Street between Highland Road West and West Hill Drive. The applicant is proposing to construct an addition of 385 sq. m to the existing religious institution. The subject property is designated General Industrial in the Municipal Plan and General Industrial Zone (M-2) in Zoning By-law 85-1. Zoning By-Law 85 -1 was amended in April 2005, to restrict the development of Religious Institutions and Educational Establishments in industrial zones. The uses are now required to be located within a building used for other permitted M-2 uses and they can not exceed 25 percent of the gross floor area. The First Romanian Baptist Church currently occupies 100 percent of the building on the subject property and the proposed addition would be developed for the sole use of the Religious Institution. The applicant is requesting permission to expand a legal non-conforming use to allow an addition to a religious institution which occupies up to 100% of the building. The City of Kitchener has had difficulty in maintaining an adequate amount of industrial land for business attraction and retention. Zoning By-law 85-1 was amended to restrict Educational Establishments and Religious Institutions in industrial areas to help the City maintain an adequate supply of industrial lands. The need for industrial land for future development and expansion is primarily required within our industrial business parks. This variance would allow the applicant to expand an existing use that was established through a Site Plan approval in 1999. The First Romanian Baptist Church has been operating in this location for several years and as such, allowing the parish to expand in this location is not expected to have an unacceptably adverse impact on the surrounding properties. The building located at 1710 Glasgow St was constructed to function as a religious establishment and is located in an older established industrial zone but is not included within an industrial business park. The opportunities to utilize the building for an industrial use would be limited due to the configuration of the structure and the use would likely continue to exist without any further expansion. The property can adequately accommodate the expansion of the church and it would be reasonable to expect that the only opportunity to expand COMMITTEE OF ADJUSTMENT 39 FEBRUARY 14, 2006 4. Submission No.: A 2006-017 tCont'd) the building would involve the inclusion of a religious institution use. As a result, the proposal is desirable for the appropriate development of the subject property. Based on the foregoing, Planning staff recommend that the application be approved. The Committee considered the report of the City's Manager of Building, dated January 3, 2006, advising he has no objections to the proposed variance provided a building permit is required for the on-site sewage system including a sewage system design report to address the increase in load for the existing sewage system (completed by a professional engineer). A permit is also required for the addition. The designer shall ensure compliance with spatial separation requirements in the Ontario Building Code. The Committee considered the report of the City's Traffic & Parking Analyst, dated January 3, 2006, advising they have reviewed this application and have no concerns with the variance provided that adequate parking is provided. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 6, 2006, advising they have no concerns with these applications. Mr. Sloan explained this application requests permission to expand a legal non-conforming use. The church was built fairly recently, and will remain on the property for a fairly long time; therefore, the addition will not extend the length of use. The use fits in with the area, and should not have an adverse affect on other uses. Also, the property can adequately accommodate the addition. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of First Romanian Baptist Church requesting permission to expand a legal non-conforming religious institution, that occupies 100% of the existing building, from 1242 sq. m. (13,369.21 sq. ft.) to 1627 sq. m. (17,513.45 sq. ft.), on Lot 39, German Company Tract, being Part 4, Reference Plan 58R-691411, 1710 Glasgow Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that the use of 100% of this building as a religious institution has continued to the date of this application, and that the addition proposed in this application will be fully within the limits of the land owned and used in connection therewith on the day the by-law was passed. Carried 5. Submission No.: A 2006-018 Applicant: 2066184 Ontario Limited Property Location: 678 to 692 Belmont Avenue West Legal Description: Part Lots 10 & 13, Plan 343 Mr. Z. Janecki declared a pecuniary interest in this application, as he is employed by the applicant's agent and did not participate in any discussion or voting with respect to this application, which was considered by the remaining two members. Appearances: In Support: Mr. R. Dal Bello Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a patio, accessory to a restaurant, with a side yard setback adjacent to Claremont Avenue of 0 m rather than 3 m (9.84 ft.). COMMITTEE OF ADJUSTMENT 40 FEBRUARY 14, 2006 5. Submission No.: A 2006-018 tCont'd) The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising they have no objections to this application, provided that the owner submits a detailed plan showing the proposed patio fencing/ enclosure to the satisfaction of the City's Director of Planning, and implements the approved plan within 6 months of the date of the Committee of Adjustment's decision. The fencing/enclosure detail design shall be in accordance with the Mixed Use Corridor and Belmont Village Design Guidelines. The Committee considered the report of the Manager of Building advising he has no objections to the proposed variance provided a building permit is issued. The Committee considered the report of the City's Traffic & Parking Analyst advising staff have reviewed this application and has no concerns with the proposed 0 metre setback variance, provided that the separation between the outdoor patio and the sidewalk is to the satisfaction of the Director of Transportation Planning. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 6, 2006, advising they have no concerns with this application. Mr. Sloan explained this building is being renovated and there will be a restaurant at the corner of the building, which use desires a patio. The patio will be for a commercial use and the proposed set back will be Om. Given the urban design guidelines for Belmont Village, it may be reasonable in this case to allow the variance provided there are no visibility issues. It was generally agreed by Committee members that staff should be given the design details for the patio to determine how it will impact the streetscape, whether there will be any visibility issues, and whether there will be problems of patrons interacting with pedestrians on the street. When questioned by the applicant's agent about an extension to 9 months to fulfill the condition recommended by staff, the Committee advised it will have to be fulfilled within 6 months, as most patios are used in the summer months. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of 2066184 Ontario Limited requesting permission to construct a patio, accessory to a restaurant, with a side yard setback adjacent to Claremont Avenue of 0 m. rather than 3 m. (9.84 ft.), on Part Lots 10 and 13, Registered Plan 343, 678 to 692 Belmont Avenue West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a detailed plan showing the proposed patio fencing/ enclosure to the satisfaction of the City's Director of Planning, and implement the approved plan within 6 months of the date of this decision. The fencing/enclosure detail design shall be in accordance with the Mixed Use Corridor and Belmont Village Design Guidelines, and shall be part of the overall landscape design for this property. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 41 FEBRUARY 14, 2006 CONSENT 1. Submission No.: B 2006-007 Applicant: Waterloo North Condominium Corp. #165 Property Location: 100 Campbell Avenue Legal Description: Waterloo North Condominium Plan 165 Appearances: In Support: Mr. G. Auer Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a sanitary sewer easement, from Campbell Avenue along the northerly lot line of the subject property, to benefit the adjacent westerly property. Mr. Auer requested that the Committee defer its consideration of this application to its March meeting, to allow him an opportunity to discuss this application with the Ontario Ministry of Transportation, and the Committee agreed with his request. 2. Submission No.: B 2006-008 Applicant: Minh Le Property Location: 113 & 115 Cedar Street South Legal Description: Part Lot 19, Plan 395 Appearances: In Support: Mr. K. Buckley Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever 113 Cedar Street South from 115 Cedar Street South so each property can be dealt with separately. Each property will have a frontage of approximately 11.75 m. (38.56 ft.) and an area of 676 sq. m. (7,276.66 sq. ft.), and are currently developed with a residential dwelling. The Committee considered the report of the City's Planning Division, dated February 3, 2006, in which they advise they have no objections to this application, provided the following conditions are included in any approval: 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. The Committee considered the comments of the Region of Waterloo Planning, Housing and Community Services, dated February 7, 2006 advising they have no objections to this application. The Committee questioned whether each property has adequate parking, and further commented that the applicant will have to confirm with the City's Planning staff, zoning compliance including the provision of off-street parking. COMMITTEE OF ADJUSTMENT 42 FEBRUARY 14, 2006 2. Submission No.: B 2006-008 tCont'd) Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Minh Le requesting permission to convey a parcel of land having a frontage of approximately 11.75 m. (38.56 ft.) and an area of 676 sq. m. (7,276.66 sq. ft.), on Part Lot 19, Registered Plan 395, 113 Cedar Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 satisfy the City's Planning Division that each of the severed and retained lands complies with the zoning by-law, including the provision of off-street parking. 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 14, 2008. Carried 3. Submission No.: B 2006-009 Applicant: Zevest Development Corporation Property Location: 607 King Street West Legal Description: Part of Part 1, Reference Plan 58R-3202 Appearances: In Support: Mr. M. Foley Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a lease in excess of 21 years for the Tim Norto n's Coffee Shop, with the leased premises to have an area of 195.09 sq. m. (2,100 sq. ft.). The Committee considered the report of the City's Planning Division, dated February 3, 2006, advising they have no o bjections to this application. COMMITTEE OF ADJUSTMENT 43 FEBRUARY 14, 2006 3. Submission No.: B 2006-009 tCont'd) The Committee noted the comments of the Region of Waterloo Planning Housing and Community Services, dated February 7, 2006, advising they have no objections to this application. The Secretary-Treasurer requested the imposition of the standard condition that the applicant shall submit their reference plan in paper and digital format. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Zevest Development Corporation requesting permission for a lease in excess of 21 years for the Tim Norton's Coffee Shop, with the leased premises to have an area of 195.09 sq. m. (2,100 sq. ft.), on Part of Part 1, Reference Plan 58R-3202, 607 King Street West, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the owner shall 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 two full size paper copy of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 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 14, 2008. Carried It was necessary for Mr. B. Isaac to leave the meeting at this time, and as a quorum of the Committee was no longer in attendance, the remaining Application for Consent could not be considered. Those in attendance were advised that consideration of the following application will have to be deferred until the meeting scheduled for Tuesday March 14, 2006. 4. Submission No.: B 2006-010 Applicant: Maria & Manuel Leal Property Location: 120 Clive Road Legal Description: Part Lot 180, Registered Plan 651 Appearances: In Support: Mr. J. Laws Mr. C. Leal Contra: Ms. M. Negoescu Mr. C. Vasile Mr. G. Manos Written Submissions: Ms. M. Negoescu COMMITTEE OF ADJUSTMENT 44 FEBRUARY 14, 2006 4. Submission No.: B 2006-010 tCont'd) The Chair recommended that prior to the next meeting all parties to this matter meet with Planning staff to discuss the issues. Mr. Sloan advised staff resources are not available for this purpose; however, the City does have a mediation fund to hire a mediator. The Chair encouraged the parties in attendance to meet and discuss their issues. He stated that when they return to the March meeting they should have a clear understanding of the issues, and be able to clearly state what it is they want the Committee to do. This application will be considered at the Committee of adjustment meeting scheduled for Tuesday March 14, 2006. ADJOURNMENT On motion, the meeting adjourned at 11:30 a.m. Dated at the City of Kitchener this 14th day of February, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment