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HomeMy WebLinkAboutAdjustment - 2006-03-14COMMITTEE OF ADJUSTMENT FOR THE CITYOF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 14, 2006 MEMBERS PRESENT: Ms. D. Angel and Messrs. D. Cybalski and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. R. Brent, Assistant Secretary-Treasurer. Mr. D. Cybalski, Chair, called this meeting to order at 9:38 a.m. MINUTES Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment, of February 14, 2006, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-015 Applicant: Eastforest Homes Properly Location: 44 Henhoeffer Crescent Legal Description: Lot 44, Registered Plan 58M-308 - and - Submission No.: A 2006-016 Applicant: Eastforest Homes Properly Location: 51 Henhoeffer Crescent Le~ al Description: Lot 56, Registered Plan 58M-308 Appearances: In Support: Mr. K. Hillis Mr. U. Ardelean Contra: None Written Submissions: None 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 not meet the intent of the Zoning By-law and therefore should be refused. COMMITTEE OF ADJUSTMENT 46 MARCH 14, 2006 1. Submission Nos.: A 2006-015 & A 2006-016 ~Cont'd~ 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 9.0 m 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. Stafif recommends that for corner lots, such as the subject properties, which are `dififerent' lots) that the builder considers a `different' house design, and in this case it may not be a double-car garage. Mr. Hillis reviewed the information requested by this Committee at its last meeting advising there are no offers of purchase and sale pending on these properties, as they will be rented. Concerning hardship if these applications are not approved, Mr. Hillis advised there will be hardship, as these houses and garages are 80% built. Further, all parties involved in these applications thought they were a technicality, as several similar applications have been approved. If these applications are not approved, the builder will have to decrease the size of the garage door by 2 feet. The Chair questioned why building permits were issued for these properties, given the driveways do not comply with the zoning by-law. Mr. Sloan replied that he is not aware of what plans were submitted for the building permit; however, driveways are not approved through the building permit process. The Chair noted that at the time the contractor started construction on these lots, the driveways did not comply with the by-law. Further, when the applicant received approval of driveway variances last year, the Committee cautioned that it would not continue to approve these driveway variances. Mr. Hillis responded that Eastforest Homes thought they had assurance from the Director of Planning that staff would support driveway variances for these smaller corner lots until they worked their way through the system. fast fall approvals were given for similar variances and the applicant did not realize there was a change of position on the part of the City. Given the current circumstances, there was a discussion between the Committee members, staff and the applicant's agent as to how best deal with these applications. The Chair advised Mr. Hillis that this Committee is not inclined to approve future variances of this nature. Submission No. A 2006-015 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Eastforest Homes requesting permission to locate a portion of the driveway up to 7.89m X25.88') from Henhoeffer Court rather than the required 9m (29.52'), on dot 44, Registered Plan 58M-308, 44 Henhoeffer Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the driveway shall be a minimum of 9m (29.52') from the intersection of Henhoeffer Crescent and Henhoeffer Court for a distance of 0.8m (2.62') from the property line along Henhoeffer Crescent. 2. That the portion of the driveway between 7.89m (25.88') and 9m X29.52') from Henhoeffer Court shall be constructed of interlocking brick or other decorative material. COMMITTEE OF ADJUSTMENT 47 MARCH 14, 2006 1. Submission Nos.: A 2006-015 & A 2006-016 ~Cont'd~ 3. That the owner shall receive approval of a sketch from the City's Planning Division showing the design and material to be used for the driveway, and shall install the driveway within 6 months of the date of this decision. 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 Submission No. A 2006-016 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Eastforest Homes requesting permission to locate a portion of the driveway up to 8.44 m X27.55') from Henhoeffer Crescent (flanking side) rather than the required 9m X29.52'), on Lot 56, Registered Plan 58M-308, 51 Henhoeffer Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the driveway shall be a minimum of 9m (29.52') from the intersection of Henhoeffer Crescent (front yard) and Henhoefifer Crescent flanking side) for a distance of 0.8m (2.62') from the property line along Henhoeffer Crescent (front yard). 2. That the portion of the driveway between 8.44 m (27.55') and 9m (29.52') from Henhoeffer Crescent flanking side) shall be constructed of interlocking brick or other decorative material. 3. That the owner shall receive approval of a sketch from the City's Planning Division showing the design and material to be used for the driveway, and shall install the driveway within 6 months of the date of this decision. 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 1. Submission No.: B 2006-007 Applicant: Waterloo North Condominium Corp. #165 Properly Location: 100 Campbell Avenue Le al Description: Waterloo North Condominium Plan 165 The Committee was advised by the Secretary-Treasurer that the applicant's agent, Mr. Auer, has consulted the Ministry of Transportation and changes have been requested with respect to this application. A revised application will be submitted; and at that time, a new Notice of Hearing will be published. COMMITTEE OF ADJUSTMENT 48 MARCH 14, 2006 2. Submission No.: B 2006-010 Applicant: Maria & Manuel deal Properly Location: 120 Clive Road Legal Description: Part Lot 180, Registered Plan 651 Appearances: In Support: Mr. J. haws Mr. C. Leal Contra: Ms. M. Negoescu Mr. G. Manos Written Submissions: Ms. M. Negoescu Mr. G. Manos The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Clive Road of 11.03 m. (36.18 fit.), and an area of 428.2 sq. m. (4,609.25 sq. ft.) to be developed with a duplex. The retained land is already developed with a 6 unit multiple dwelling, and will have a width on Clive Road of 25.261 m. (82.87 ft.), and an area of 969.1 sq. m. (10,431.64 sq. ft.). The Committee considered the report of the City's Planning Division, dated February 6, 2006 in which they advised that the subject property is a 1398 m2 parcel known municipally as 120 Clive Road. The property is located within the Eastwood Planning Community of Ward 1, Bridgeport - Centre. The property is located just west of the Conestoga Parkway, northwest of Montgomery Park, and is adjacent to and across from a range of dwelling types including single detached dwellings, duplexes and multiple unit dwellings ranging from three to six units. The property currently contains asix-unit, multiple residential dwelling, which was constructed in 1959. The subject property is designated "Low Rise Residential" in the Municipal Plan and is zoned Residential Six Zone (R-6). The applicant is requesting approval to sever a large side yard to create one new lot. The proposed use of the lotto be severed is for a duplex dwelling. The new lot will be created from the western portion of the existing property, adjacent to 114 Clive Road. The severed lot will be 428.2 m2 in size and will have a street frontage of 11.03 metres on Clive Road. The retained lands will be 969.1 m2 in size with a street frontage of 25.25 metres, also on Clive Road. The severance will require that the parking area at the rear of the retained parcel be extended approximately 3 metres and that an existing accessory building be removed to allow access to the parking area in order to comply with the provisions of the zoning by-law. The applicant is also proposing a new 1.8 metre tall visual barrier fence to be constructed along the new property line. The severing of the subject property and its subsequent redevelopment may have an impact on trees in the rear yard of both the severed and retained parcels, as well as a large deciduous tree located at the front (southwest corner) of the severed lot. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan and the Residential Six (R-6) zoning. The dimensions and shapes of the proposed lots are appropriate and suitable for both the existing and the proposed use of the lands; however the severed lot would be narrower than lots currently found in the surrounding area. Though the new lot will be relatively narrow, the severance could facilitate a moderate infilllintensification and the lot could potentially be developed to be as compatible with the surrounding subdivision as possible. Since the lot will be relatively narrow, the new driveway for the severed lands should be located on the eastern side of the parcel, adjacent to the existing driveway on the retained parcel. Both parcels would front a public street and municipal services are available. The surrounding area is a mixture of single detached dwellings, duplexes and multiple unit dwellings ranging from three to six self contained units. The proposed use of the severed parcel is appropriate for this area. COMMITTEE OF ADJUSTMENT 49 MARCH 14, 2006 2. Submission No.: B 2006-010 ~Cont'd) Based on the foregoing, Planning staff recommends that the application be approved subject to certain conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated February 7, 2006 advising they have no objections provided the owner undertake a noise study to address the impact of transportation noise from the Conestoga Parkway on both the severed and retained lands. Although a noise wall is in place in this area, the report will need to determine if any further mitigation measures or noise warning clauses are required. The Committee considered correspondence from the Ministry of Transportation, dated February 2, 2006, in which they advised that permits are required from the Ministry before any grading/construction commences. Mr. J. haws reviewed the application, noting the applicant proposes to construct a duplex on the severed land, which is in keeping with the zoning by-law. The width of the severed land is consistent with other lots in the neighbourhood, and with the Region's "Places to Grow". In support of his position, Mr. Law displayed a plan and photographs showing properties in this area. Also displayed were proposed elevation drawings for the duplex, with garages. Mr. B. Sloan advised staff have worked with the applicant on this application. The applicant has been advised that the garage for the sixplex will have to be removed, and the driveway and parking will have to be rearranged so all will be contained on the retained land. With respect to the designs displayed by the applicant, Mr. Sloan requested and additional condition, that elevation drawings for the proposed duplex be submitted for approval, so staff can assure that they are compatible with the design of other buildings on the street. Ms. M. Negoescu advised they currently have to look at a wall along the Conestoga Parkway, and they will have to look at another wall with this proposed development. She advised she had problems with Mr. C. Leafs father before, and they are claiming part of her property. Mr. G. Manos advised the Committee that he does not agree with the proposed severance as it was his opinion the proposed lot would be too small and disproportional to other lots in the area to develop any structure that would fit in with the existing buildings in the neighbourhood. The Committee also considered Ms. Negoescu's and Mr. Manos' written submissions in opposition to this application. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Maria & Manuel deal requesting permission to sever a parcel of land having a width on Clive Road of 11.03 m. (36.18 fit.), and an area of 428.2 sq. m. (4,609.25 sq. ft.) to be developed with a duplex, on Part Lot 180, Registered Plan 651,120 Clive Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall pay to the City of Kitchener acash-in-lieu 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 Engineering Services, for the installation of all new service connections to the severed lands. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 4. That the owner shall remove the existing garage on the retained lands to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT 50 2. Submission No.: B 2006-010 ~Cont'd) MARCH 14, 2006 5. A) That the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction of the City's Director of Planning showing: (i) the location of all buildings including accessory buildings and structures), decks and driveways; (ii) the location of the proposed driveway and parking lot amendments; (iii) the location of any existing buildings or structures to be removed or relocated; (iv) the proposed grades and drainage; (v) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (vi) justification for any trees to be removed; and (vii) outline tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. B) Further, following the approval of the plan noted in Condition 5A), the owner shall implement the revised driveway and parking lot on the retained lands to the satisfaction of the City's Director of Transportation Planning in consultation with the City's Director of Planning, generally in accordance with the plans submitted with the application with any amendments required thereto as a result of the plan noted in Condition 5A) to the satisfaction of the City's Director of Planning. 6. 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: "That prior to any grading or prior to any building permit application for the severed lands, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of the driveway to the proposed new dwelling on the eastern side of the lot; (iii) the location of any existing buildings or structures to be removed or relocated; (iv) the proposed grades and drainage; (v) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (vi) justification for any trees to be removed; and (vii) outline tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning." 7. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes andlor local improvement charges. 8. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 51 MARCH 14, 2006 2. Submission No.: B 2006-010 ~Cont'd) 9. That the owner shall undertake a noise study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community services, to address the impact of transportation noise from the Conestoga Parkway on both the severed and retained lands. 10. That the owner shall receive approval from the City's Director of Planning of elevation drawings for the proposed building on the severed land; which building design shall be compatible with the designs of buildings in the neighbourhood. 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 14, 2008. Carried This meeting recessed at 10:23 a.m., to allow the Committee to consider variances to the City's Sign and Fence By-laws, and reconvened at 10:46 a.m. with the following members present: Ms. D. Angel and Messrs. D. Cybalski and B. Isaac. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-020 Applicant: Ray of Hope Inc. Properly Location: 47 Madison Avenue South Legal Description: Lot 2, Registered Plan 365, being Parts of dots 1 & 3 Appearances: In Support: Mr. R. Steckley Mr. K. Taylor Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to expand a legal non- conforming residential care facility by constructing a 99 sq. m. (1,065.66 sq. ft.) addition. The Committee considered the report of the City's Planning Division, dated March 7, 2006 advising the subject property falls within the Cedar Hill Neighbourhood, which was subject to a comprehensive Municipal Plan and Zoning Bylaw review in 2005. As a result, this site was rezoned by the City, to Cedar Hill One (CH-1) Zone. This zone does not permit social service establishments or residential care facilities, rendering the existing use legal non-conforming. Although the amending Cedar Hill bylaw has been appealed, the CH-1 zoning still applies until an OMB decision decides otherwise. COMMITTEE OF ADJUSTMENT 52 MARCH 14, 2006 1. Submission No.: A 2006-020 (Cont'd The current 16 person residential care facility does not meeting provincial standards for required bedroom sizes. As such, Hope Harbour Home needs to expand the building in order to comply with these standards, and has requested permission to expand a legal non-conforming use. The intent of the Cedar Hill rezoning is to encourage community diversity in an area that has a documented over concentration of single person, low-income households. As the proposed expansion will not result in an increase in the number of persons in the residential care facility, the request is in keeping with the general intent ofthe by-law. The building is located on a very large lot and is well separated from the street. Cameron Heights Secondary School is located to the rear. Thus, the building addition is appropriate and will not cause any adverse impacts on adjacent properties. While the current proposal represents good planning, it should be noted that once the building footprint is expanded, technically, a legal non conforming use can intensify within. For instance, if Ministry standards changed, the facility could be expanded to more than a 16 person residential care facility without the need for a variance. As this type of intensification could potentially be detrimental to the neighbourhood, the recommendation should be specific in stating that the permission to expand is for floor area only, and not to expand the number of beds. That minor variance application A 2006-020 be approved, to permit the expansion of the legal non-conforming 16 bed residential care facility with a floor area of 552 square metres to a 16 bed residential care facility with a floor area of 651.18 square metres The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 25, 2006 advising they have no concerns with respect to this application. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Ray of Hope Inc. requesting permission to expand a legal non-conforming 16 bed residential care facility with a floor area of 552 m2 (5,941.87 sq. ft.) to a 16 bed residential care facility with a floor area of 651.18 m2 (7,009.47 sq. fit.), on Lot 2 and Part Lots 1 & 3, Registered Plan 365, 47 Madison Avenue South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that the use of this property as a 16 bed residential care facility has continued since the day the by-law was passed prohibiting this use, and the proposed building expansion will be contained within the property used in connection therewith on the day the by-law was passed. Carried 2. Submission No.: A 2006-021 Applicant: Aberdeen Homes ltd. Properly Location: 15 Zeller Drive Le al Description: Part of Block 29, Registered Plan 1732 - and - Submission No.: Applicant: Properly location: Le al Description: Appearances: In Support: Contra: A 2006-022 Aberdeen Homes ltd. 17 Zeller Drive Part of Block 29, Registered Plan 1732 Ms. N. Horne None COMMITTEE OF ADJUSTMENT 53 MARCH 14, 2006 2. Submission Nos.: A 2006-021 & A 2006-022 ~Cont'd~ Written Submissions: None The Committee was advised that the applicant requests permission for a side yard of 1.2m (3.93') for a covered front porch, rather than 1.5m. (4.9'), for both of these applications The Committee considered the report of the City's Planning Division, dated March 8, 2006 advising they have no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 25, 2006 advising they have no concerns with respect to this application. Ms. Horne explained the variances have been created because the porches are supported by the ground. Submission No. A 2006-021 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Aberdeen Homes Ltd. requesting permission for a side yard of 1.2m (3.93') for a covered front porch supported by the ground, rather than 1.5m. (4.9'), on Part Block 29, Registered Plan 1732,15 Zeller 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 Submission No. A 2006-022 Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Aberdeen Homes Ltd. requesting permission for a side yard of 1.2m (3.93') for a covered front porch supported by the ground, rather than 1.5m. (4.9'), on Part Block 29, Registered Plan 1732,17 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 54 MARCH 14, 2006 CONSENT 1. Submission No.: Applicant: Properly location: Le al Description: Appearances: In Support: Contra: B 2006-011 & B 2006-012 Macapee Holdings Limited New Dundee Road Part 1, Reference Plan 58R-1528 Mr. M. Dorfman Mr. A. Piester None Written Submissions: None The Committee was advised that the applicant requests permission to divide this triangular shaped parcel of land into 3 pieces. The land is zoned B-2 "Restricted Business Park". There are no other planning applications affecting this property at this time. The retained land will have a frontage on New Dundee Road of 95.81 m (314.33'), a depth on the westerly side of approximately 81.6m (267.71'), and an area of 8.36 ha (20.64 ac.). The land to be severed in B 2006-011 will have a triangular shape, a frontage on New Dundee Road of 137.4m (450.78'), a depth of 114.56m X375.85'), and an area of 8.342 ha (20.6 ac.). The severed parcel will be subject to a sanitary sewer easement to the benefit of the retained land and the land to be severed in Submission No. B 2006-012. The land to be severed in B 2006-012 will have a triangular shape, a width along Highway 401 of 204.82m (671.98'), a depth of approximately 165.8m (543.96'), and an area of 12.513ha (30.9 ac.). This land will be subject to easements to the benefit of the retained land for storm water management, sanitary sewer and a driveway. It will also be subject to easements to the benefit of the land to be severed in Submission No. B 2006-011 for storm water management and a driveway. The Committee considered the report of the City's Planning Division, dated March 7, 2006 advising the subject property is a vacant, triangular shaped lot located between New Dundee Road and Highway 401, being south and east of the intersection of Thomas Slee Drive and New Dundee Road. The property is designated Business Park in the City's Municipal Plan and is zoned Restricted Business Park (B-2) in Zoning By-law 85.1. The applicant is proposing to convey, as new lots, two parcels of land, thereby dividing the subject lands into three separate lots (see "Consent and Easements Sketch"). Proposed Lot 1, being the retained lands would have a lot area of 0.84 hectares and a lot width of approximately 96 metres. Proposed Lot 2, being a retained parcel, would have a lot area of 1.25 hectares and a lot width of approximately 137metres. Proposed Lot 3, being a retained parcel, would have a lot area of 1.25 hectares and a lot width of approximately 205 metres. The applicant is proposing business uses for both the severed and retained lands, with each lot having access to New Dundee Road. In addition, the applicant is proposing to create easements in order to satisfy stormwater management, site access, and sanitary service needs. The retained lot Lot 1) would have the benefit of a stormwater management easement over Lot 3, a shared driveway easement over Lot 3, and a sanitary service easement over Lot 2 and Lot 3. Lot 2 would have the benefit of a stormwater management easement over Lot 3 and a shared driveway easement over Lot 3. Lot 3 would have the benefit of a sanitary service easement over Lot 2. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the future uses of both the severed and retained parcels should be in conformity with the City's Municipal Plan. With respect to whether or not the lands are suitable for the proposed use and the dimensions and shapes of the proposed lots are appropriate, staff request that the applicant prepare a site concept plan as a condition of approval. The site concept plan could be relatively general and should show the proposed shared driveway and potential COMMITTEE OF ADJUSTMENT 55 MARCH 14, 2006 1. Submission Nos.: B 2006-011 & B 2006-012 lCont'd access points from the driveway to Lots 1 and 2, possible building locations, a coordinated landscaped area, possible location of coordinated signage, and potential stormwater management facilities. Additionally, the lands have adequate access to an established public street. Staff understand that the applicant and the Region have worked together to agree upon the shared driveway access location. The retained and severed parcels, as proposed, are in compliance with the regulations of the Zoning By-law. The Committee noted the comments of the Region of Waterloo, Planning, Housing and Community Services, dated March 8, 2006 advising the purpose of these applications is to sever the subject property into three (3) separate pieces. Application B2006-011 is proposing to sever a triangular shaped 0.83 ha (2.05 ac) parcel of land (Lot 2) with 137.4 m X450.79 ft) of frontage on New Dundee Road. The retained would become 2.08 ha (5.14 ac) in area with 106.14 m (348.23 fit) of frontage on New Dundee Road and is proposed to be used for a future commercial development. The applicant is also requesting an easement in favour Lots 1 and 3 (the retained and severed lots for submission 82006-012) for sanitary sewer purposes. Application B2006-012 is proposing to sever a triangular shaped 1.25 ha (3.09 ac) parcel of land (Lot 3) with a lot width along Highway 401 of 204.82 m (671.98 ft). The retained (Lot 1) would become 0.84 ha (2.08 ac) in area with 95.81 m (314.34 fit) of frontage New Dundee Road. The applicant is also requesting easements in favour of the retained lands Lot 1), for stormwater management purposes, driveway access and sanitary sewer purposes and from Lot 2 (B2005- 011), for stormwater management purposes and driveway access. The subject property falls within Historic Road, Drainage and Soil Buffers. As a result the subject property is considered to have potential for the recovery of archaeological remains. In accordance with Policy 6.2.10 of the Regional Ofificial Policies Plan, the completion of a detailed archaeological assessment to the satisfaction of the Ministry of Culture is required prior to the final approval of this application. Once completed two ~2) copies of the archaeological assessment should be forwarded to the Regional Planning, Housing and Community Services Department for information. The proposed location of the mutual access to New Dundee Road as shown on the Consent and Easement Sketch dated February 8, 2006 is acceptable. The developer will be required to obtain a Regional Road Entrance Permit for this access. As a condition of this application, the developer must undertake a scoped transportation study based on the proposed commercial use to determine if any road improvements such as a westbound left turn lane are required on New Dundee Road at the developer's cost at the proposed access. A pre-study conference must be held with the engineering consultant preparing the report and Regional staff with input from City of Kitchener staff to determine the parameters of the report. A lot grading plan and stormwater management report can be deferred to the site plan stage for development of these lots. In summary, Regional stafif has no objections to this application subject to the following: 1) That prior to any grading or construction, and final consent approval, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two ~2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition; 2) That prior to final consent approval, the owner prepare a Scoped Transportation Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo the impact of the proposed commercial use on New Dundee Road and determine if any road improvements are required. The cost associated with the preparation and implementation of the Study is the owner's responsibility. COMMITTEE OF ADJUSTMENT 56 MARCH 14, 2006 1. Submission Nos.: B 2006-011 & B 2006-012 lCont'd The Committee noted the comments of the Ministry of Transportation, Corridor Control Office, dated February 22, 2006, noting the owner should be aware that building/land use and sign permits are required from the Ministry of Transportation before any grading/construction commences. A stormwater management report was provided with the application and is currently being reviewed. The Committee noted the comments of the Kitchener-Wilmot Hydro dated February 27, 2006, advising the applicant make satisfactory arrangements for the provision of electrical servicing to the lands to be severed and the granting of any easement required by them. Mr. Dorfman advised the Committee that this property will be developed in accordance with the City's Official Plan and zoning by-law. Engineering studies have been undertaken for the City and the Region. There will be one common entrance onto New Dundee Road for the 3 lots. The owner has prepared a site concept plan for information purposes but it has not yet been finalized. He noted there are a total of 11 conditions which they are prepared to accept. Submission No. B 2006-011 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Macapee Holdings limited requesting permission to sever a parcel of land, having a frontage on New Dundee Road of 137.4 m (450.8 ft.), a depth of 114.56 m (375.85 ft.), and an area of 8.342 ha (20.6 ac); subject to a sanitary sewer easement in favour of the retained land and the land to be severed in Submission No. B 2006-012, on Part of Part 1, Reference Plan 58R-1528, New Dundee Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall prepare a site concept plan showing the proposed shared driveway and potential access points from the driveway, possible building locations, a coordinated landscaped area, possible location of coordinated signage, and potential stormwater management facilities to the satisfaction of the City's Director of Planning. 2. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 4. That the owner shall enter into a joint maintenance agreement, to be approved by the City Solicitor, and registered against title of both the severed and retained lands, to ensure that rights-of-way for access to the severed and retained properties are maintained in perpetuity. 5. That the owner shall receive approval of a draft reference plan showing the proposed easements by the City's Director of Engineering Services. 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 provide a digital file of the deposited reference plan prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan. 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. COMMITTEE OF ADJUSTMENT 57 MARCH 14, 2006 1. Submission Nos.: B 2006-011 & B 2006-012 ~Cont'd~ 8. That prior to any grading or construction, the owner shall have a consultant Archaeologist carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. 9. That the owner shall prepare a Scoped Transportation Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo the impact of the proposed commercial use on New Dundee Road and determine if any road improvements are required. The cost associated with the preparation and implementation of the Study is the owner's responsibility. 10. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. 11. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. 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 14, 2008. Carried Submission No. B 2006-012 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Macapee Holdings limited requesting permission to sever a parcel of land having a width along Highway 401 of 204.82m (671.98'), a depth of approximately 165.8m (543.96'), and an area of 12.513ha (30.9 ac.); subject to easements in favour of the retained land for stormwater management, sanitary sewer and a driveway, and subject to easements in favour of the land to be severed in Submission No. B 2006-011 for stormwater management and a driveway; on Part of Part 1, Reference Plan 58R-1528, New Dundee Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall prepare a site concept plan showing the proposed shared driveway and potential access points from the driveway, possible building locations, a coordinated landscaped area, possible location of coordinated signage, and potential stormwater management facilities to the satisfaction of the City's Director of Planning. 2. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. COMMITTEE OF ADJUSTMENT 58 MARCH 14, 2006 1. Submission Nos.: B 2006-011 & B 2006-012 ~Cont'd~ 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 4. That the owner shall enter into a joint maintenance agreement, to be approved by the City Solicitor and registered against title of both the severed and retained lands, to ensure that rights-of-way for access to the severed and retained properties are maintained in perpetuity. 5. That the owner shall receive approval of a draft reference plan showing the proposed easements by the City's Director of Engineering Services. 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 provide the Secretary-Treasurer with a digital file of the deposited reference plan prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copy of the plan. 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. 8. That prior to any grading or construction, the owner shall have a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site to the satisfaction of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry acknowledgement must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. 9. That the owner shall prepare a Scoped Transportation Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo the impact of the proposed commercial use on New Dundee Road and determine if any road improvements are required. The cost associated with the preparation and implementation of the Study is the owner's responsibility. 10. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. 11. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. 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 14, 2008. Carried COMMITTEE OF ADJUSTMENT 59 MARCH 14, 2006 2. Submission Nos.: Applicant: Properly location: legal Description: Appearances: In Support: Contra: B 2006-013 to B 2006-016 Cook Homes Ltd. Morrison Road/Fairway Road North Plan 1798, Block 54, Plan 1647, Parts 134,132 & 136, Plan 591, Part Lots 10 & 12, German Company Plan, Part Lot 118 Mr. I. Cook Ms. J. Passy None Written Submissions: None The Committee was advised that the applicant is requesting permission as the land is being divided into 4 pieces, and each piece will be added to a block of land in the abutting plan of subdivision to create lots large enough for residential development. In Submission B 2006-013 the severed land will have a width of 15.3m X50.19'), and an area of 0.001 ha (0.00274 ac.). In Submission B 2006-014 the severed land will have a width of 13.2m (43.3'), and an area of 0.003 ha (0.00741 ac.). In Submission B 2006-015, the severed land will have a width of 13.1 m (42.97'), and an area of 0.005 ha X0.01235 ac.). Lastly, in Submission No B 2006-016, the severed land will have a width of 13.1 m (42.97'), and an area of 0.006 ha (0.01482 ac.) The Committee considered the report of the City's Planning Division, dated March 3, 2006, advising this consent application involved four residential lot additions to Lots 55 through 58 of Draft Plan 30T-00204 (now Plans 58M-387 & 388) from Deft Plan 30T-03201 in Grand River South. The lot additions range in size from 0.001 ha to 0.006 ha and are being conveyed to provide for uniform lots sizes and lot depths as a result of the bend in this section of Waterbend Crescent as shown on the attached plan. The subject lands are designated as Low Rise Residential in the Municipal Plan and zoned Residential Three ~R-3) with special regulation 1758 in By-law 85.1. Conditions have been included in both plans of subdivision regarding lot consolidation and the applicant is now implementing this through these consent applications given registration of Plan 30T-00204. With respect to the criteria for the subdivision of land listed in Section 51 X24) of the Planning Act, R.S.O.1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. The retained lands will still have asuitably-sized parcel of land for future residential development. The applicant will be required to modify Plan of Subdivision, 30T-03201 to take the lands out of the draft approval. Based on the foregoing, Planning staff recommend that the application be approved. The Committee noted the comments of the Region of Waterloo, Planning, Housing and Community Services, dated March 8, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 60 MARCH 14, 2006 2. Submission Nos.: B 2006-013 to B 2006-016 ~Cont'd~ Submission No. B 2006-013 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Cook Homes Ltd. requesting permission to sever a parcel of land to have a width of 15.3 m (50.19 ft.), and an area of 0.001 ha (0.00274 ac.), as a lot addition, on Part Lot 118, German Company Tract, Morrison Road/Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall submit and receive approval of a modification to Plan of Subdivision 30T-03201 to exclude these lands from the draft approval. 2. That the lands to be severed in this application shall be added to the abutting lands Lots 55 to 58, Plan 58M-387) and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Sections 50(3) andlor (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg ~AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plans). 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 March 14, 2008. Carried Submission No. B 2006-014 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Cook Homes Ltd. requesting permission to sever a parcel of land having a width of 13.2m (43.3'), and an area of 0.003 ha (0.00741 ac.), as a lot addition, on Part Lot 118, German Company Tract, Morrison Road/Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall submit and receive approval of a modification to Plan of Subdivision 30T-03201 to exclude these lands from the draft approval. COMMITTEE OF ADJUSTMENT 61 MARCH 14, 2006 2. Submission Nos.: B 2006-013 to B 2006-016 ~Cont'd~ 2. That the lands to be severed in this application shall be added to the abutting lands Lots 55 to 58, Plan 58M-387) and title shall be taken into identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Sections 50(3) andlor (5) of the Planning Act, R.S.O.1990, c. P. 13, as amended. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg ~AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plans). 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 March 14, 2008. Carried Submission No. B 2006-015 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Cook Homes Ltd. requesting permission to sever a parcel of land to have a width of 13.1 m (42.97'), and an area of 0.005 ha (0.01235 ac.), as a lot addition, on Part Lot 118, German Company Tract, Morrison Road/Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall submit and receive approval of a modification to Plan of Subdivision 30T-03201 to exclude these lands from the draft approval. 2. That the lands to be severed in this application shall be added to the abutting lands Lots 55 to 58, Plan 58M-387) and title shall be taken into identical ownership as the abutting lands; any subsequent conveyance or transaction of the parcel to be severed complying with Sections 503) andlor (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg ~AutoCad) or .dgn (Microstation) format, as well as two full size paper 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. COMMITTEE OF ADJUSTMENT 62 MARCH 14, 2006 2. Submission Nos.: B 2006-013 to B 2006-016 ~Cont'd~ 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 14, 2008. Carried Submission No. B 2006-016 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Cook Homes Ltd. requesting permission to sever a parcel of land to have a width of 13.1 m (42.97'), and an area of 0.006 ha (0.01482 ac.), as a lot addition, on Part Lot 118, German Company Tract, Morrison Road/Fairway Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall submit and receive approval of a modification to Plan of Subdivision 30T-03201 to exclude these lands from the draft approval. 2. That the lands to be severed in this application shall be added to the abutting lands Lots 55 to 58, Plan 58M-387) and title shall be taken into identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Sections 50(3) andlor (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg ~AutoCad) or .dgn (Microstation) format, as well as two full size paper 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. COMMITTEE OF ADJUSTMENT 63 MARCH 14, 2006 2. Submission Nos.: B 2006-013 to B 2006-016 ~Cont'd~ 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 14, 2008. Carried 3. Submission No.: B 2006-017 Applicant: Paul Steffler Properly Location: 225 Arnold Street Le al Description: Part Lot 14, Registered Plan 174 Appearances: In Support: Mr. J. Tait Contra: None Written Submissions: None The Committee was advised that applicant requests permission to sever 225 Arnold Street, containing a house, from 324 Maple Avenue, which contains a duplex dwelling. The severed land, at 225 Arnold Street will have a frontage on Arnold Street of 21.336m (70'), a depth along Maple Avenue of 18.9738m (62.25'), and an area of 404.825 sq. m. (4,357.64 sq. ft.) .The retained land at 324 Maple Avenue will have a frontage on Maple Avenue of 14.55 m (47.75'), a depth of 21.336m X70') and an area of 310.497 sq. m. (3,342.27 sq. ft.). The Committee considered the report of the City's Planning Division, dated March 6, 2006 advising the subject property is a 700 m2 parcel known municipally as 225 Arnold Street and 324 Maple Avenue. The property is located within the North Ward Community of Ward 1, Bridgeport Centre. The property is located at the eastern corner of the intersection of Arnold St. and Maple Ave., west of the Conestoga Parkway, north of Guelph St. and east of Lancaster St. W. The parcel is surrounded by several single detached dwellings, a duplex, and a range of industrial uses. The property currently contains a detached home and a duplex dwelling, which were both built in the mid-to-late 1940's. The subject property is designated "how Rise Conservation - A" in the North Ward Neighbourhood Secondary Plan and is zoned R-5,1290. The applicant is requesting approval to sever the northern portion of the property (know as 225 Arnold St.) and retain the portion known as 324 Maple Ave. These two parcels have been merged on title and the applicant is seeking a severance to once again legally divide the two parcels. There is no proposed change in use and no proposed new development. The severed lot will be 404.8 m2 in size and will have a street frontage of 21.3 metres on Arnold St. and 19.0 metres on Maple Ave. The retained lands contains a small (5.94 m2) shed which extends approximately 0.5 metres beyond the rear property line and this shed should be removed or relocated in order to comply with the Zoning By-law requirements. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O.1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan and the R-5 zoning. The dimensions and shapes of the proposed lots are appropriate and suitable for their use. Both parcels would front a public street and municipal services are available. The current and proposed use of both parcels is appropriate for this area. Based on the foregoing, Planning staff recommend that the application be approved subject to certain conditions. The Committee noted the comments of the Region of Waterloo, Planning, Housing and Community Services, dated March 8, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 64 MARCH 14, 2006 3. Submission No.: B 2006-017 ~Cont'd) Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Paul Steffler requesting permission to sever a parcel of land having a frontage on Arnold Street of 21.336m (70'), a depth along Maple Avenue of 18.9738m (62.25'), and an area of 404.825 sq. m. (4,357.64 sq. ft.), on Part Lot 14, Registered Plan 174, 225 Arnold Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall remove, relocate or revise the accessory building located on the retained parcel to comply with the Zoning By-law, to the satisfaction of the City's Director of Planning. 2. 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. 3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg ~AutoCad) or .dgn (Microstation) format, as well as two full size paper 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 March 14, 2008. Carried ADJOURNMENT On motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 14th day of March, 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment