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HomeMy WebLinkAboutAdjustment - 2006-04-18COMMITTEE OF ADJUSTMENT FOR THE CITYOF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 18, 2006 MEMBERS PRESENT: Ms. D. Angel and Messrs. P. Britton and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. T. Kraemer, Administrative Assistant. Mr P. Britton, Chair, called this meeting to order at 10:11 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 March 14, 2006, as mailed to the members, be adopted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-023 Applicant: Revast Investments Ltd. Properly Location: 139 Waterloo Street Legal Description: Registered Plan 428, Lot 6 Appearances: In Support: Mr. J. Noel Mr. C. Denison Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to convert a duplex to a triplex on a lot having a width of 13.3m X43.63`) rather than the required 15m (49.21') and an area of 456 sq. m. (4908.5 sq. ft.) rather than the required 495 sq. m. (5,328.31 sq. ft.). The Committee considered the report of the City's Planning Division, dated April 11, 2006, advising they have no objections to this application provided the proposed triplex has been reviewed by staff in the context of the Triplex/R-5 Zoning Study recently undertaken by stafif and in the context of site functionality. The site should be able to be developed in a compatible manner with the surrounding neighbourhood and the owner is expected to maintain it in accordance with the City's property standards. Further, Traffic and Planning stafif have reviewed the proposed rear yard parking area and amenity space and have identified that they are both adequate. This addresses the primary intent of the lot width and lot area zoning requirements for triplexes in the R-5 zone. The applicant should be advised that they must secure a Stamped Site Plan Approval from the City. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 66 APRIL 18, 2006 1. Submission No.: A 2006-023 (Cont'd Mr. Noel advised he lives at 143 Waterloo Street, the adjacent property, and purchased the subject property last year. He also advised the property at 139 Waterloo Street has been used as a triplex for at least the last 5 years that he is aware of, but not legally used that way. Mr. Sloan spoke of the triplex study being undertaken by stafif, in the central neighbourhoods, as a result of neighbourhood concerns raised over other similar applications to this Committee. He stated that neighbours do not seem to be concerned about triplex conversions in situations where adequate parking can be provided in the rear yard, there is adequate outdoor amenity space, and no building additions are required to accommodate the triplex. The Chair commented that this looks to be a solid residential area, and questioned whether there will be a problem using the back yard for parking. Mr. Noel responded the back yard parking area is screened by mature trees, shrubs and fencing. With respect to site plan approval, Mr. Sloan advised that triplexes are under site plan control, and he is satisfied there is a mechanism in place to ensure that a site plan is submitted for approval for this property. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Revast Investments Ltd. requesting permission to convert a duplex to a triplex on a lot having a width of 13.3m X43.63`) rather than the required 15m (49.21') and an area of 456 sq. m. (4908.5 sq. ft.) rather than the required 495 sq. m. X5,328.31 sq. fit.), on Part Lot 6, Registered Plan 428,139 Waterloo Street, 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 2. Submission No.: A 2006-024 Applicant: Ingrid Wessel Properly Location: 802 Belmont Avenue West Legal Description: Lot 73, Registered Plan 203 Appearances: In Support: Ms. I. Wessel Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a carport and second storey addition to have a 0.23m (0.75') southeasterly side yard rather than the required 1.2m (3.93`). The Committee considered the report of the City's Planning Division, dated April 11, 2006, advising that the applicant proposes a side yard reduction from 1.2m to 0.23m for a side yard addition of a carport and second storey living space. For a carport addition only, staff would not have any significant issues with a side yard setback reduction provided the typical requirements were included as conditions (ie. no enclosure, eaves trough and drainage wholly on property). COMMITTEE OF ADJUSTMENT 67 APRIL 18, 2006 2. Submission No.: A 2006-024 (Cont'd However, for the proposed second storey building addition, there would be no space along the side yard for maintenance of the structure, the built structure would visually encroach upon the adjacent neighbour's yard and it appears as though there are other opportunities for the second storey addition at the rear of the existing dwelling. Therefore the intent of the zoning by-law is not met, the impact may not be minor and the proposal may not be appropriate for the development and use of the land. As a result, staff can not support the variance as submitted. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006, advising they have no concerns with this application. Ms. Wessel advised that at this location there are two driveways side by side with approximately 1' of grass in between them. The neighbours' windows are north facing, so the addition will not block light from their windows. She also advised that the adjacent neighbour is not opposed to this application. Ms. Wessel provided examples of other similar properties in her neighbourhood, with structures located close to the side property line. In this regard, photographs were submitted with the application. Mr. Sloan advised that a 0.6m side yard is the least amount that staff have supported in the past, and a consistent approach has been taken by staff in this regard. Also, the second storey is a solid structure, and he questioned whether the size of the addition could be reduced. The Chair questioned whether the applicant could reduce the size of the carport and second storey addition so as to provide a 0.6m side yard. Following discussion, Ms. Wessel agreed to amend her application to provide a 0.6m side yard for the carport and second storey addition. Moved by Ms. D. Angel Seconded by Mr. B. Isaac That the application of Ingrid Wessel requesting permission to construct a carport and second storey addition to have a 0.6m (1.96') southeasterly side yard rather than the required 1.2m (3.93'), on Lot 73, Plan 203, 802 Belmont Avenue West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 3. Submission No.: A 2006-025 Applicant: Canada Post Corp. Properly Location: 150 St. Leger Street Legal Description: Lot 4, and Parts of Lot 5, Registered Plan 243, Lot 11 and Part of Lots 10 and 12, Registered Plan 671, Part of Lot 77, Streets and Lanes Appearances: In Support: Mr. R. Simoni Ms. D. Porte Mr. E. Hodgson Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 68 APRIL 18, 2006 3. Submission No.: A 2006-025 (Cont'd The Committee was advised that the applicant requests permission to use this building for any use permitted in the M-2 zone, with a building rear yard of 4.58m (15`) rather than the required 7.5m (24.61'). The Committee considered the report of the City's Planning Division, dated April 11, 2006 advising they have no objections with this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006 advising they have no concerns with respect to this application. Mr. Hodgson advised this property originally fronted Edwin Street, and Canada Post changed the address to St. Leger Street; so the front of the property became the back and the back became the front. He stated they should have rectified this problem when they constructed the addition on this property. He further advised that through the site plan process, they are being required to provide landscaping along the Edwin Street frontage of the property. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Canada Post Corp. requesting permission to use this property for any use permitted in the M-2 General Industrial Zone, with a rear year on the existing building of 4.58m (15`) rather than the required 7.5m X24.61'), on Lot 4 & Part Lot 5, Registered Plan 243, Lot 11 & Part Lots 10 & 12, Registered Plan 671, and Part Lot 77, Streets and Lanes, 150 St. Leger Street, 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 4. Submission No.: Applicant: Properly location: Le al Description: Appearances: In Support: Contra: A 2006-026 Huron Woods Development (Kitchener) Inc. 1560 Battler Road Lot 17, Registered Plan 1471 Mr. J. Shantz None Written Submissions: None The Committee was advised that the applicant requests permission for legalization of an existing hydro vault having a setback from Battler Road of 5m X16.4`) rather than the required 6m (19.68`). The Committee considered the report of the City's Planning Division, dated April 11, 2006, advising they have no objections provided staff understands that the subject hydro vault structure has been built, the materials match with the larger building being constructed on site, and landscaping is being addressed through the Landscape Plan for this Site Plan development. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 69 APRIL 18, 2006 4. Submission No.: A 2006-026 (Cont'd The Committee considered the report of the Grand River Conservation Authority, dated April 11, 2006 advising information currently available indicates that a portion of the property contains the Strasburg Creek Wetland, a provincially significant wetland designated by the Ontario Ministry of Natural Resources. Grand River Conservation Authority has previously reviewed the limit of this block through the site plan application SP05102/B/KG; and therefore have no objection to the above application. Mr. Sloan addressed the Committee with respect to staff's differing opinion on this application as compared to their opinion on the hydro vault in Submission No. A 2006-028. He advised that initially there was some question as to whether a hydro vault is actually a building or structure under the Building Code. It has now been determined by the Building Division that it is a structure; therefore, a building permit is required. Mr. Sloan then advised the property has an industrial use and is in a Business Park zone. Further, the variance being requested is for 1 m; the structure will be dwarfed by the larger structure on the site, and there are no pedestrian issues. Mr. Heimpel advised they had received site plan approval for the development on this property. Subsequently, Hydro required to be turned to allow them better access to it. They also require the vault to be a distance of at least 6m from the other building on the property. Upon questioning, Mr. Heimpel advised the transformer is owned by Hydro and the vault is owned by the property owner. Mr. Sloan advised staff are trying to meet with Kitchener-Wilmot Hydro on this emerging issue. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Huron Woods Development (Kitchener) Inc. requesting legalization of an existing hydro vault having a setback from Battler Road of 5m (16.4`) rather than the required 6m (19.68`), on Part Lot 17, Plan 1471,1560 Battler Road, 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 5. Submission No.: A 2006-027 Applicant: Mennonite Central Committee Ontario) Properly Location: 335 Lancaster Street West Le al Description: Lot 15, Registered Plan 789 It was generally agreed by all parties that consideration of this application be deferred to the meeting scheduled for May 9, 2006, to allow the applicant to meet with City stafif to address the issues outlined in the Development and Technical Services Department report. COMMITTEE OF ADJUSTMENT 70 APRIL 18, 2006 6. Submission No.: Applicant: Properly location: legal Description: A 2006-028 Canadian Tire Corporation limited 563 Highland Road West Part dot 21, Registered Plan 1004, being Parts 5 & 6, Reference Plan 58 R-5638 Appearances: In Support: Ms. M. DesRosiers Mr. Z. Janecki Mr. E. Bliefeut Mr. R. March Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for legalization of the location of a hydro transformer having a front yard of 3m (9.84`) rather than the required 7.5m (24.61') and aside yard of 3m (9.84`) rather than the required 7.5m X24.61'). The Committee considered the report of the City's Planning Division, dated April 12, 2006 advising that the applicant is proposing a hydro vault structure that requires both front yard and side yard variances to reduce the setback requirements from 7.5m to 3.Om. This site is undergoing some modifications to the existing buildings which are subject to a site plan application. This hydro enclosure structure would require stamped/revised site plan, pending consideration of the requested variances. The lands are designated Mixed Use Node in the City of Kitchener Municipal Plan and are zoned Neighbourhood Commercial ~C-2), 43R. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,1990 Chap. P. 13, as amended, Planning staff offer the following comments. It is questionable whether or not the intent of the Municipal Plan can be met. The Mixed Use Node Policies do refer to encouraging buildings potentially being brought forward to the street through the use of maximum setbacks, etc with the intent to encourage a more "animated" streetscape, pedestrian-friendly atmosphere and to be more transit-oriented. The implementing design guidelines for the Nodes are currently in the process of being prepared. The initial indication is that, contrary to the past practice of requiring minimum 7.5m setbacks for commercial sites, the guidelines (and any implementing changes to the Zoning By-law) may encourage buildings closer to the street where possible, but not necessarily for certain structures such as on-site hydro or other utility structures. The City will have to work with the hydro and utilities on appropriate locations/setbacks for this type of structures within the Mixed Use Node areas. Similar to the comments above, it is also questionable whether or not the intent of the existing Zoning By-law is met. With respect to potential impact, there may be some level of efifect on the Highland Road streetscape; however, considering that the structure is relatively small in comparison to the larger commercial buildings on-site and if the structure was constructed of similar or like material and appropriate landscaping was introduced, it could be argued that the impact of the variance may be minor. Staff are currently unaware as to the level of impact this structure may have on the adjacent residential yards and the "unique" situation of the residential use of the commercial site along this area where the structure is proposed. The appropriateness of the variance for the development and use of the land is also questionable. No doubt there is a need for the hydro function for the lands and it has been determined that some kind of enclosure or "structure" (which is potentially of some debate) is needed. It would be of assistance to know more information directly from the hydro utility as to the exact need for the facility to be in the exact location as proposed. It would appear that a more appropriate location for this use on the land would generally be in the location indicated on the attached sketch. Consideration of the revised location would be closer to the internal driveway entrance and would seemingly resolve any concerns. The structure could be located so as to not require any variance to the side or front yard. It would be more "in line" with the existing buildings, COMMITTEE OF ADJUSTMENT 71 APRIL 18, 2006 6. Submission No.: A 2006-028 (Cont'd the existing wood fence may not have to be moved and thus no disruption to those using the adjacent lands, it would still provide direct access to the structure/utility itself, it would have to be away from any visibility obstruction areas and it would allow for more area to provide landscaping and transition from the sidewalk and street to the internal site. Based on the foregoing, Planning staff have difficulty supporting the variances as proposed. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006 advising they have no concerns with this application. Mr. E. Bliefert, owner of the abutting property at 32 Ralgreen Crescent, spoke in support of this application. Mr. Z. Janecki advised the subject property was previously used as a Canadian Tire Store. The owner now wishes to revise and reuse this building, and one of the tenants requires the building to be expanded towards Highland Road; consequently, the existing hydro vault needs to be relocated. He stated that to relocate the vault elsewhere on the site would be costly, as the hydro lines come into the property from Highland Road. He spoke of the agreement between this property and abutting properties on Ralgreen for a green space to shield the residential properties from this commercial property, agreed to at the time this property was first developed. Mr. Janecki continued, advising the owner initially thought to move the vault further back into the property, but there were issues with respect to the fencing and landscaping abutting the Ralgreen properties. Also, the proposed location for the vault meets Kitchener-Wilmot Hydro requirements. He submitted a copy of a new agreement, with respect to the proposed location for the hydro transformer vault, signed by Mr. Bliefert. Ms. DesRosiers advised they currently have a site plan approval that does not include a hydro vault. Consequently, they will need a revised site plan approval once this Committee has decided on this application. With respect to the other locations for the vault, as recommended by staff, Ms. DesRosier advised they are not suitable given the required truck turning radius, and loading areas around this building. Mr. Sloan addressed the Committee advising that stafif have issues to work through with Kitchener-Wilmot Hydro respecting these hydro transformer vaults. He then explained that Mixed Use Nodes are a higher order urban area, which may eventually need zoning changes. Mixed Use Nodes do encourage buildings to be located closer to the street, but the proposed vault building will have a blank wall at the street, which is not desirable. If there is to be the use of decorative building materials and landscaping, the proposal may be more acceptable. If the vault is moved further from the street, the fence on the Ralgreen side of the property would not have to be moved, and the structure would be more in compliance with the zoning by-law. The Chair questioned whether the existing loading area will be maintained. Ms. DesRosier advised the main building has a 20,000 sq. ft. basement which they may wish to use at some future time, and they need to maintain the loading area in order to access that space. The Chair questioned, given the access is fixed and the licensed area used by the Ralgreen neighbours is fixed, why the transformer can not be moved from a design point of view. Mr. Marsh responded that the applicant is trying to maintain flexibility for the future. To locate the vault in the position most desired by staff will put it in the way of truck movements. Staff's proposed location is still close to Highland Road, so landscaping will be required, which will cause more of a problem for truck traffic. He stated this is really a garden wall which can be screened with landscaping. Hydro's rules require a wall surrounding their transformers, with a grill over the top, which makes the transformer accessible to them. The Chair questioned whether the applicant would accept an amendment to the application such that the longest wall for the enclosure would be parallel to Highland Road, with the structure to be setback 4.5m from the Highland Road lot line. This amendment was accepted by Ms. DesRosiers. COMMITTEE OF ADJUSTMENT 72 APRIL 18, 2006 6. Submission No.: A 2006-028 ~Cont'd) Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Canadian Tire Corporation limited requesting permission to locate a hydro transformer vault with a front yard setback of 4.5m (14.76') from the lot line along Highland Road rather than the required 7.5m X24.61'), and a westerly side yard of 3m X9.84`) rather than the required 7.5m (24.61'), on Part dot 21, Registered Plan 1004, being Parts 5 & 6, Reference Plan 58R-5638, 562 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the longest wall of the hydro transformer vault shall be parallel to Highland Road. 2. That the owner shall receive approval from the City's Director of Planning for the design and material for the hydro transformer vault, and for a landscaping plan for the area of the vault. 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 7. Submission No.: A 2006-029 Applicant: Max Becker Enterprises ltd. Properly Location: 1187 Fischer Hallman Road Legal Description: Part of Block 1, Registered Plan 58M-307 Mr. P. Britton declared a pecuniary interest in this application as his firm provides planning services to the applicant, and did not participate in any discussion or voting with this application. Mr. B. Isaac chaired the meeting during consideration of this application, which was considered by the remaining two members. Appearances: In Support: Mr. P. Chauvin Mr. R. Falsetto Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of the location of an existing grocery store having a setback from Cotton Grass Street of 2.7m (8.85`) rather than the required 7.5m (24.6`), and the location of a retail building with a setback from Max Becker Drive of 1.65m (5.41 `) rather than the required 7.5m (24.6'). The Committee considered the report of the City's Planning Division, dated April 11, 2006 advising they have no objections to this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 11, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 73 7. Submission No.: A 2006-029 ~Cont'd) APRIL 18, 2006 Mr. Chauvin reviewed the site plan of the subject property, noting the Committee had previously approved a variance for the setback of the Sobey's building at 3m; however, the as-built survey show a setback of 2.7m. The Committee had also previously approved a setback for the overhead canopy on the Home Hardware Store but did not allow for the encroachment of the main building into the required setback from Max Becker Drive. Mr. Sloan advised that stafif have no objection to the variance for the setback of the Home Hardware building from Max Becker Drive, as there is still enough room for landscaping. With respect to the variance for the Sobey's building, Mr. Sloan questioned whether there is still enough room for landscaping. Mr. Falsetto advised that the landscaping for the Home Hardware building has been installed as per the approved plan. He advised that the reduced setback would apply to two pilasters at the back of the building. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Max Becker Enterprises ltd. requesting legalization of the location of the Sobey's building having a setback from Cotton Grass Street of 2.7m X8.85`) rather than the required 7.5m X24.6`), and the location of the Home Hardware building with a setback from Max Becker Drive of 1.65m X5.41 `) rather than the required 7.5m (24.6'), on Part Block 1, Registered Plan 58M-307,1187 Fischer Hallman Road, 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 Mr. P. Britton resumed the chair at this time. CONSENT 1. Submission No.: B 2006-018 Applicant: Peter Morlock Properly Location: 50 Florence Le al Description: Lots 138 & 139, Registered Plan 308 Appearances: In Support: Mr. P. Morlock Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land to have a width on Huber Street of 10.66m X35'), a depth of 25.45m X83.5') and an area of 271.5 sq. m. X2922.5 sq. fit.) for residential use. The retained land will contain the existing house, and have a width on Florence Avenue of 25.45m (83.5'), a depth of 29.1 m X95.5') and an area of 740.8 sq. m. (7974.25 sq. ft.). The Committee considered the report of the City's Planning Division, dated April 12, 2006 advising that the subject property is a 930 m2 parcel known municipally as 50 Florence Avenue. COMMITTEE OF ADJUSTMENT 74 APRIL 18, 2006 1. Submission No.: B 2006-018 f Cont'd The property is located within the Centreville Chicopee Community of Ward 2, Chicopee -Grand River. The property is located at the western corner of the intersection of Florence Avenue and Huber Street, approximately 100m north of where Weber Street East becomes King Street East, west of the intersection of King Street East and Fairway Road North. The parcel is surrounded by several single detached dwellings, semi-detached dwellings, and a townhouse development and is also in close proximity to the arterial commercial corridor on Weber Street East. The property currently contains a detached home and a detached garage, which were both built in 1949. The subject property is designated "Low Rise Residential" in the Municipal Plan and is zoned Residential Four (R-4). The applicant is requesting approval to sever a portion of the northern side of the property. The proposed use of the parcel to be severed is for a residential dwelling. The severed lot would be 266 m2 in size and would have a street frontage of 10.68 metres on Huber Street. The retained lands would be 663 m2 in size with a street frontage of approximately 26 metres of Florence Street and 26 metres on Huber Street and would continue to be used for a residential dwelling. The retained land contains a detached garage which will extend approximately 2.5 metres into the proposed severed lot and this garage must 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-4 zoning. Both parcels would front a public street and municipal services are available. The severed lot would be fairly narrow (10.68m) and shallow (24.99m). There are other properties on Huber Street and in the surrounding neighbourhood with a similar frontage and the proposed lot width should be compatible. Staff do have some concerns with the size of the lot and in particular the lot depth. The proposed lot depth does not follow the traditional lotting pattern of the street. Despite the shallowness of the lot, it appears that the lot could still accommodate a modest detached dwelling that when viewed from the street could blend in well with the neighbouring homes, which is a concern of Planning Stafif for compatibility with the existing streetscape. These neighbouring homes are predominantly single-story dwellings with front setbacks ranging from 7 to 10 metres. If a new home was constructed on the proposed severed parcel that did not respect the traditional massing and setbacks of Huber Street, though permitted in the zoning, it may have some affect on neighbourhood character. For this reason, it is critical that any future development on this parcel be compatible with neighbouring homes. Therefore staff recommend that the applicant submit building elevation drawings to illustrate compatibility with surrounding dwellings. The current and proposed uses of both parcels are appropriate for this area. Based on the foregoing, Planning staff recommend that the application be approved subject to certain conditions. 1. That the detached garage located primarily on the retained parcel shall be removed, relocated or revised to comply with the Zoning By-law to the satisfaction of the City's Director Planning. 2. That the owner 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 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 lands. 4. 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: COMMITTEE OF ADJUSTMENT 75 APRIL 18, 2006 1. Submission No.: B 2006-018 (Cont'd~ a. The owner agrees not to submit building permit application or a building permit shall not be issued until the owner has submitted building elevation drawings to illustrate compatibility with surrounding dwellings to the satisfaction of the City's Director of Planning; and further b. The owner agrees to submit the building permit application generally in accordance with the approved building elevation drawings. 5. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 6. 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 noted the comments of the Region of Waterloo, Planning, Housing and Community Services, dated April 11, 2006, advising they have no objections to this application. Mr. Morlock advised that he is in agreement with the recommendation in the staff report. Mr. Sloan reviewed the Development & Technical Services Department report, noting that the proposal in this application is in keeping with the neighbourhood. The proposed lot is quite small, so the house to be constructed on it will have to be quite modest. Staff want to be sure that the house is appropriate for the neighbourhood. The Chair stated that he hopes this Committee will not be asked to consider a rear yard variance for the proposed house, and stated that support for the application before the Committee today should not be construed to be support for a future application for this property for a rear yard variance. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Peter Morlock requesting permission to convey a parcel of land having a width on Huber Street of 10.66m (35'), a depth of 25.45m X83.5') and an area of 271.5 sq. m. (2922.5 sq. ft.), on Lots 138 & 139, Plan 308, 50 Florence Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall remove, relocate or revise the existing detached garage, which is located primarily on the retained land, to comply with the zoning by-law, 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 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 lands. 4. 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: COMMITTEE OF ADJUSTMENT 76 APRIL 18, 2006 1. Submission No.: B 2006-018 f Cont'd a. The owner agrees not to submit a building permit application or a building permit shall not be issued until the owner has submitted building elevation drawings to illustrate compatibility with surrounding dwellings to the satisfaction of the City's Director of Planning; and further b. The owner agrees to submit the building permit application generally in accordance with the approved building elevation drawings. 5. 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. 6. 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 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. 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 April 18, 2008. Carried ADJOURNMENT On motion, the meeting adjourned at 11:50 a.m. Dated at the City of Kitchener this 18th day of April 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment