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HomeMy WebLinkAboutAdjustment - 2006-05-09COMMITTEE OF ADJUSTMENT FOR THE CITYOF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 9, 2006 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Mr. B. Sloan, Senior Planner, Mr. R. Parent, Traffic and Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. T. Kraemer, Administrative Assistant. Mr P. Britton, Chair, called this meeting to order at 9:40 a.m. MINUTES Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the minutes of the regular meeting of the Committee of Adjustment, of April 18, 2006, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-027 Applicant: Mennonite Central Committee Ontario) Properly Location: 335 Lancaster Street West legal Description: Lot 15, Registered Plan 789 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition at the rear of the existing building to have a northerly side yard of 1.1 m X3.6`) rather than the required 3m X9.84`), and a southerly side yard of 2.3m (7.54`) rather than the required 3m (9.84`). The Committee considered the report of the City's Planning Division, dated May 1, 2006, advising the property is located on the west side of Lancaster Street between Union Street and Elizabeth Street. The property contains a building currently being used as a thrift shop, which is defined in the Zoning By-law as a retail use. The property is designated as Neighbourhood Mixed Use Centre in the Municipal Plan and is zoned Neighbourhood Shopping Centre ~C-2), with Special Regulation Provision 17. The applicant is requesting a minor variance to allow a 1.1 metre north side yard setback and a 2.3 metre south side yard setback, whereas the Zoning By-law requires a minimum 3.0 metre side yard setback. These variances are required in order to allow an addition onto the rear and north side of the existing building of approximately 30 square metres in area. The addition is proposed to be used as storage space accessory to the existing thrifit shop. At the April 18, 2006 Committee of Adjustment meeting, the subject application was deferred in order to resolve the following issues: COMMITTEE OF ADJUSTMENT 66 MAY 9, 2006 1. Submission No.: A 2006-027 ~Cont'd) 1. The uncertainty of the existence of a registered mutual easement 1 right-of-way driveway access to the rear parking area on the subject site. 2. The inability to accommodate the required parking for the site based upon the gross floor area of the existing and proposed development. The required parking would be 8 spaces. The site now has 8 spaces, however, one would be lost with the addition, leaving 7 spaces. 3. The close proximity of the proposed addition to the north side lot line. 4. Concern over this site having reached its maximum development potential. Since the previous meeting, the applicant and City staff met and discussed the above issues on several occasions, and it was discovered through a title search that a registered mutual easement / right-of-way driveway access to the rear parking area does not exist. In addition, further information was provided to the City with respect to the actual gross floor area devoted to retail use, indicating that the area was less than was originally thought. Staff also discussed with the applicant alternative solutions to further encroachment of an addition into the north side yard. Stafif advise that with the absence of a registered mutual easement /right-of-way that Planning staff cannot currently support the application as the driveway aisle on the subject lands is less than 2.5m wide and therefore cannot accommodate two-way traffic to the rear of the parking area. It appears as though there may be options to legalize access as the lands are adjacent to a plaza development and the applicant has stated that he will pursue negotiations with neighbouring landowners with respect to the access issue. The applicant intends to work with City staff further in order with respect to any possible solutions to the parking space requirements and other site issues. Stafif recommends that the application be deferred until such time as the applicant resolves access, parking and other site issues. Upon questioning Mr. Sloan advised that staff's main concern is access to the site and over building of the site. Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Mennonite Central Committee (Ontario) requesting permission to construct an addition at the rear of the existing building to have a northerly side yard of 1.1 m (3.6`) rather than the required 3m (9.84`), and a southerly side yard of 2.3m X7.54`) rather than the required 3m (9.84`) on Lot 15, Registered Plan 789, 335 Lancaster Street West, Kitchener BE REFUSED, without prejudice; and, That once the applicant has resolved the issues as outline by the City's Planning Division, they may re-apply for the necessary variances at a fee of $220.00 (deferral fee) rather than paying the Application for Minor Variance fee of $390.00; and further, That should the applicant re-apply for these variances, they shall be required to submit a survey with the application. Carried This meeting recessed at 9:50 a.m., and reconvened at 10:40 a.m. with the following members present: Messrs. P. Britton, D. Cybalski and Z. Janecki. MINOR VARIANCE 1. Submission No.: A 2006-030 Applicant: Adriana Tofan Properly Location: 14 Erika Court Legal Description: Lot 3 and Part of Lot 1, Registered Plan 58M-284 COMMITTEE OF ADJUSTMENT 67 MAY 9, 2006 1. Submission No.: A 2006-030 (Cont'd) Appearances: In Support: Mr. U. Tofan Contra: None Written Submissions: Mr. R. Covach The Committee was advised that the applicant requests legalization of an existing driveway being 1.25m (4.1') wider than the garage, whereas the zoning by-law does not permit a driveway to be wider than the garage. The Committee considered the report of the City's Planning Division, dated May 2, 2006 advising the applicant is is proposing to legalize a 1.25 m wide extension of the driveway towards the side lot line beyond the garage. The Zoning By-law requires that for garages greater than 5.1 m wide that the driveway should not extend past the garage, as larger garages and driveways should provide adequate space for vehicle parking and to reduce the impact on the streetscape. In this instance, staff understands that the subject dwelling has a double car garage and thus space for at least two additional vehicles in the driveway, for a total provision of 4 parking spaces for one house. Further, as a corner lot there is additional opportunity for a driveway on the other street frontage, if truly needed, and space on street for visitor parking. Planning staff are uncertain whether the additional paved area would affect any lot drainage along the side lot line or have any impact on the adjacent neighbour. As a result, stafif's opinion is that the application does not meet the intent of the by-law, there may be some impact on the streetscape and it is not appropriate for the development and use of the land. Therefore, staff recommends the application be refused. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 30, 2006 advising they have no concerns with respect to this application. The Committee considered the written submission from the neighbouring property owner in opposition to this application, as the driveway is causing drainage problems on his property. Mr. Sloan advised that the Zoning By-law requires driveways to be no wider than the width of the garage. Since this property has a double garage, the driveway is permitted to be a double width, which can accommodate 4 cars. Staff need to know why the applicant needs a driveway which is 4 ft. wider than what is permitted. Mr. Sloan noted that on a corner lot, the Zoning by-law permits a driveway on the second street frontage. Further, Mr. Sloan advised he received an e-mail from the Building Inspector advising this driveway is causing drainage problems on the adjacent property. Mr. Tofan advised that when he widened the driveway he was unaware of the by-law requirements. Further he widened the driveway to the width of the existing curb cut. He advised he and his wife each have a car as well as each of their 3 children, so he needs the additional driveway width to accommodate 5 cars. He stated the driveway is aesthetically pleasing, and he doesn't believe it is causing drainage problems on the abutting property. Mr. Tofan advised he discussed this matter with his next door neighbour, who advised he had no problem with the widened driveway. Mr. Janecki commented that he viewed the subject property and noted there is an old van in the driveway with no plates and 2 flat tires, and Mr. Tofan advised it will be removed. Mr. Janecki also commented that the land at the side of the driveway drops down toward 10 Erika Court which could cause drainage problems. Mr. Cybalski noted that in his opinion there is a drainage problem, based on the e-mail from the Building Inspector and the letter from the neighbour; consequently, he can not support this application. COMMITTEE OF ADJUSTMENT 68 MAY 9, 2006 1. Submission No.: A 2006-030 ~Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Adriana Tofan requesting legalization of an existing driveway being 1.25m (4.1') wider than the garage, whereas the zoning by-law does not permit a driveway to be wider than the garage, on dot 3 & Part dot 1, Registered Plan 58M-284, 14 Erika Court, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried 2. Submission No.: Applicant: Properly location: Le al Description: Appearances: In Support: Contra: A 2006-031 Darrel & Melody Bruder 123 Peach Blossom Crescent Lot 95, Registered Plan 58M-238 Mr. D. Bruder Mr. M. Koehler None Written Submissions: None The Committee was advised that the applicant requests permission to construct a 7.16m (23.5') long by 1.26m X4.166') wide elevated deck at the right rear corner of the house, to have a side yard of 0.152m (0.5') rather than the required 1.2m (3.93'). The Committee considered the report of the City's Planning Division, dated May 2, 2006, advising the applicant proposes a side yard reduction from 1.2m to 0.15m to accommodate an elevated deck/landing in the side yard. The intent of the typical side yard setback requirement is to allow some separation between adjacent dwellings, space for maintenance of the side of the dwelling, potential lot drainage and access between the front and rear yards. Further, with an elevated deck there may be privacy issues with the adjacent neighbour as a person standing on the deck could be higher than the highest fence that could be built along the side lot line. The proposed variance does not appear to meet the intent of the By-law. Staff question when the elevation of the house and the location of the sliding doors on the side of the dwelling were determined, if the elevated deck/landing was always the intended structure to exit the dwelling from this location or if there is an exit at the rear elevation of the dwelling. These matters would help determine if the variance is appropriate for the development and use of the land. As a result of the intent of the Zoning By-law not being met, staff can not support the variance as submitted. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 30, 2006 advising they have no concerns with this application. Mr. Kohler submitted photographs of his house and others along his street. He advised the sliding glass door was in its present location when they bought the house, and they need some means of exiting through this door. COMMITTEE OF ADJUSTMENT 69 MAY 9, 2006 2. Submission No.: A 2006-031 ~Cont'd) Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Darrel & Melody Bruder requesting permission to construct a 7.16m (23.5') long by 1.26m X4.166') wide elevated deck at the right rear corner of the house, to have a side yard of 0.152m (0.5') rather than the required 1.2m (3.93'), on dot 95, Registered Plan 58M-238, 123 Peach Blossom Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the raised deck generally as shown in the plans submitted with this application. 2. That the owner shall apply for and receive a building permit prior to constructing the deck. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried 3. Submission No.: A 2006-032 Applicant: Cloty and Detleff Blankshein Properly Location: 78 Waterloo Street Legal Description: Lot 417, Registered Plan 376 Appearances: In Support: None Contra: Mr. F. Schilling Mr. & Mrs. K. & H. Lippert Written Submissions: Mr. J. MacKay Mrs. S. Petricevic Mr. D. Pellerin It was generally agreed by all parties that consideration of this application be deferred to the meeting scheduled for June 13, 2006, as recommended by staff. 1. Submission No.: Applicant: Properly location: Legal Description: Appearances: In Support: Contra: Written Submissions: B 2006-007 Waterloo North Condominium Corp. #165 100 Campbell Avenue Waterloo North Condominium Plan #165 Mr. G. Auer None None COMMITTEE OF ADJUSTMENT 70 MAY 9, 2006 1. Submission No.: B 2006-007 ~Cont'd) The Committee was advised that the applicant requests permission to give a sanitary sewer easement to the abutting northwesterly property, having a maximum width of 6.003m (19.69') along the Highway 85 side of the property, for its entire length. The Committee noted the comments of the Development & Technical Services Department dated February 3, 2006 advising they have no objections to this application. The Committee noted the comments of the Region of Waterloo dated May 3, 2006 advising they have no objections to this application. The Committee noted the comments of the Regional Development Review Coordinator, Ministry of Transportation dated April 26, 2006 advising as a result of discussions with the developer they have determined that they will permit the proposed sewer in the location identified on the most recent plan. Mr. Sloan advised that the pipe for the adjacent property and the connections will have to be separate from those for the subject property. Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Waterloo North Condominium Corporation No. 165 requesting permission to give a sanitary sewer easement to the abutting northwesterly property, having a maximum width of 6.003m X19.69') along the Highway 85 side of the property, for its entire length, on Waterloo North Condominium Plan 165, 100 Campbell Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. 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 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. 2. That the owner shall confirm, to the satisfaction of the City's Director of Engineering Services, that there are separate sanitary sewer connections for 100 Campbell Avenue and the property that will benefit from the easement. 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 May 9, 2008. Carried COMMITTEE OF ADJUSTMENT 71 MAY 9, 2006 2. Submission No.: Applicant: Properly location: legal Description: B 2006-019 1325751 Ontario Ltd.l clo Heimpel Automotive Limited 100 Ardelt Avenue Lots 17 & 18, Registered Plan 791, being Parts 2 & 3, Reference Plan 58R-3133 Appearances: In Support: Mr. W. Heimpel Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land having a width of 60.96m (200') by a depth of 48.768m X160') to be conveyed as a lot addition to 38 Hanson Avenue. The Committee considered the report of the Development & Technical Services Department, dated May 2, 2006 advising they have no objections to this application. Any future development or modifications on these lands will be subject to Site Plan Control. The following conditions should be included in any approval: 1. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 503) and/or (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 2. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 3. 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 dated May 3, 2006 advising they have no objections to this application. Mr. Heimpel advised they need to add land to their property at 38 Hanson Avenue, in order to construct an addition, while at the same time keeping as much land at 100 Hanson Avenue as possible. He also advised he has read the staff reports and is in agreement with the recommended conditions. Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of 132751 Ontario ltd. requesting permission to sever a parcel of land having a width of 60.96m (200') by a depth of 48.768m (160') to be conveyed as a lot addition to 38 Hanson Avenue, on dots 17 & 18, Registered Plan 791, being Parts 2 & 3, Reference Plan 588- 3133,100Ardelt Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the lands to be severed in this application shall be added to the abutting lands and title shall be taken into identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 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. COMMITTEE OF ADJUSTMENT 72 MAY 9, 2006 2. Submission No.: B 2006-019 ~Cont'd) 3. That the owner 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 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 May 9, 2008. Carried 3. Submission No.: B 2006-020 Applicant: CAW Local 1451 Building Corporation Properly Location: 600 Wabanki Drive Legal Description: Lot 33 and Part Lot 34, Registrar's Compiled Plan 1521 It was generally agreed by all parties that consideration of this application be deferred to the meeting scheduled for June 13, 2006, to allow the applicant an opportunity to meet with City staff to discuss a minor variance application to be considered concurrently. 4. Submission No.: B 2006-021 Applicant: Olga Dendy Properly Location: 40 Dumart Place legal Description: Part Lot 112, German Company Tract, being Parts 1, 2, 3 and 4, Reference Plan 58R-10112 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. D. Cybalski chaired the meeting during consideration of this application, which was considered by the remaining two members. Appearances: In Support: Mr. D. Aston Ms. 0. Dendy Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land having a width of approximately 92.4m X303.14'), a depth on the easterly side of approximately 15.32m (50.26') and on the westerly side of approximately 34.4m X112.86'), and having an area of approximately 1,550 sq. m. X16,684.6 sq. fit.), to be conveyed to the abutting property on Dumart Place, along with a 3m X9.84') wide drainage easement over the retained land. COMMITTEE OF ADJUSTMENT 73 MAY 9, 2006 4. Submission No.: B 2006-021 ~Cont'd) The Committee noted the comments of the Development & Technical Services Department dated May 2, 2006, advising they have no objections. Any future development or modifications on these lands will be subject to Site Plan Control. The following conditions should be included in any approval: 1. That a draft reference plan for the drainage easement over the retained lands in favour of the severed lands be provided to the satisfaction of the Director of Engineering Services. 2. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 503) and/or (5) of the Planning Act, R.S.O.1990, c. P.13, as amended. 3. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. 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 dated May 3, 2006 advising they have no objections to this application. Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Olga Dendy requesting permission to convey a parcel of land having a width of approximately 92.4m (303.14'), a depth on the easterly side of approximately 15.32m (50.26') and on the westerly side of approximately 34.4m X112.86'), and having an area of approximately 1,550 sq. m. X16,684.6 sq. ft.), to be conveyed to the abutting property on Dumart Place as a lot addition, along with a 3m (9.84') wide drainage easement over the retained land, on Part dot 112, German Company Tract, being Parts 1, 2, 3 and 4, Reference Plan 58R-10112, 40 Dumart Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall provide a draft reference plan for the drainage easement over the retained lands in favour of the severed lands, to the satisfaction of the City's Director of Engineering Services. 2. That the lands to be severed in this application shall be added to the abutting lands and title shall be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply 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 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 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. COMMITTEE OF ADJUSTMENT 74 MAY 9, 2006 4. Submission No.: B 2006-021 ~Cont'd) 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 May 9, 2008. Carried 3. Submission No.: Applicant: Properly location: Legal Description: Appearances: In Support: B 2006-022 & B 2006-023 John and Dina Tsintaris 188 Montgomery Road and 124 Fairmount Road Part Lot 181, Registered Plan 651 Ms. D. Fries Ms. J. Passy Mr. J. Tsintaris Contra: Mr. R. Dicknoether Ms. E. Cressman Mr. M. Richards Mr. P. Snyder Mr. A. Russel Written Submissions: Mr. R. Dicknoether Mr. M. Richards Mr. J. Dawe Mr. A. Russell Ms. N. Cressman Mr. P. Snyder The Committee was advised that the applicant requests permission, through Submission No. B 2006-022, to sever a parcel of land having a width on Fairmont Road of 13.45m X44.12'), by a depth of 35.568m (116.69'), and an area of 586sq. m. (6,307.85 sq. ft.). The property contains an existing triplex. Through Submission No. B 2006-023, permission is being sought to sever a parcel of land having a width on Montgomery Road of 15.55m X51'), a depth of 30.77m (100.95') and an area of 577 sq. m. (6,210.97 sq. ft.). The property is proposed to be developed with amulti-unit residential building. The Committee noted the comments of the Development & Technical Services Department dated May 1, 2006 advising the subject properties are located on the North-Western corner of Fairmount Road and Montgomery Road and are all zoned Residential Six Zone ~R-6). The retained parcel located at 124 Fairmount Road labeled as Parcel A, has been developed with a single detached dwelling. The applicant is proposing to sever the property located at 188 Montgomery Road, labeled as parcel B which is currently operating as a triplex and is also proposing to sever and create a new vacant parcel located on Montgomery Road which is labeled as parcel C. All properties are designated as Low Rise Residential in the Municipal Plan. The retained lands addressed as 124 Fairmount Road and labeled as Parcel A would have a lot width of 14.14 metres, and a lot area of 404 square metres. The property addressed as 188 Montgomery Road and labeled as Parcel B would have a lot width of 16.50 metres, and a lot area COMMITTEE OF ADJUSTMENT 75 MAY 9, 2006 3. Submission No.: B 2006-022 & B 2006-023 ~Cont'd~ of 586 square metres. The property labeled as Parcel C which has frontage on Montgomery Road would have a lot width of 15.55 metres, and a lot area of 577 square metres. Although, each parcel of land to be severed has been shown to meet our By-haw lot area and lot width requirements, the severance and creation of the section of land labeled as Parcel C is of concern to staff. It would be premature to sever this property without a full understanding of whether a dwelling could be situated on the site, and whether the proposed triplex development is compatible with the surrounding neighbourhood. There are several mature trees and vegetation that is found on the lot and a tree management plan would need to be submitted in conjunction with a site plan to determine compatibility with the community and show how the site will function. Further information regarding the existing shed located on Parcel A is also needed to determine if a minor variance is required. Engineering Services has also raised concerns in regards to the servicing and the sewer capacities in the area, which will need to be addressed before any severance of the land could occur. In summary, issues with sanitary capacity and service connections along with the submission of tree management and concept plan should be resolved prior to a decision being made for the severances. Accordingly it is recommended that the application be deferred to allow the applicant to resolve the necessary issues and submit the required plans. The Committee noted the comments of the Region of Waterloo Planning Housing and Community Services, dated May 3, 2006, advising they have no objections to this application provided the owner prepares a Noise Study for the severed parcel, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods used to abate traffic noise from Highway 7 for the proposed new building lot and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures prior to final approval. The Committee noted concerns raised through a Neighbourhood petition. Ms. Passy advised the Committee that following their review of the staff comments and neighbourhood objections, the owners have decided to amend their application for severance of the vacant land. The parcel of land they wished to sever would now have a frontage of 14m on Montgomery Road, but will widen at the rear of 124 Fairmont Road. In this regard Ms. Passy submitted a revised severance sketch. She advised the intension is to reduce the width of the lot to the point that amulti-unit residential building will not be permitted, and only a single family dwelling can be constructed. Further, with respect to concerns about the sanitary sewer, Ms. Passy advised she has discussed this matter with the City's Engineering Services, who advise they will be able to connect to the sanitary sewer on Montgomery Road. Concerning the tree management plan requested by the City, Ms. Passy advised the owners are willing to provide such a plan. Finally, with respect to the Region's request for a noise study, Ms. Passy requested that the owners not undertake a noise study, as they are willing to agree to install a forced air- ducted heating system and register a noise warning clause on title. The Chair questioned the shape of the proposed vacant, severed parcel, and Ms. Passy advised the shape allows more outdoor space. Mr. Tsintaris agreed to regularize the shape of Parcel C, identified in the revised plan. The neighbouring residents in attendance were generally in agreement in supporting the creation of a new lot for a single family dwelling, but not supportive of another multi-unit residential building in a neighbourhood which they believe is already too densely populated. Mr. Snyder raised a concern that he wished for the new single family dwelling to be set back on the lot a similar distance as the other homes on the street. With respect to the revised application put forward by the owner this date, Mr. Sloan advised that staff would prefer the lot was of equal width from front to rear. He confirmed that the revised lot would not have sufficient dimensions to support a triplex. However, he did note that duplexing is permitted as of right, throughout the City, provided the duplex meets Building Code requirement. COMMITTEE OF ADJUSTMENT 76 MAY 9, 2006 3. Submission No.: B 2006-022 & B 2006-023 ~Cont'd~ In terms of the revised lot size for Parcel C, Mr. Sloan confirmed the lot width is compatible with the surrounding lots. This lot can connect to the sanitary sewer; and the City requests a condition requiring service connections satisfactory to Engineering Services. Mr. Sloan then raised concerns with respect to outdoor amenity space for the existing triplex at 188 Montgomery Road. He also advised that staff have concerns about the location of 1 or 2 trees on the vacant lot to be created, and their retention. He advised that staff would encourage the new house to be located closer to the street to preserve the trees; although the setback must still be in keeping with the by- law. Ms. Passy responded to several issues addressed by staff and the Committee. She advised the applicants have considered a building footprint for the new house such that it will not afifect the existing trees, and they will review the by-law's set back requirements with stafif. With respect to the existing triplex, there is a generous outdoor area on the Fairmont Road frontage of the triplex property. Further, no part of the new proposed lot is currently used by the triplex tenants, as there is a fence between these two parcels of land. Mr. Tsintaris advised that two of the units in the triplex are currently occupied by single people, and the third is occupied by himself and his wife, and no one uses the outdoor area. With respect to parking for the triplex, the Committee was advised that there are 4 parking spaces on that site and a turning area. Mr. Sloan requested that should these applications be approved, there be a condition imposed for site plan control for the triplex. Mr. Sloan also requested additional conditions amongst which include a tree management plan, and engineering conditions for the vacant severed parcel. Submission No. B 2006-022 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of John and Dina Tsintaris requesting permission to sever a parcel of land having a width on Fairmont Road of 13.45m (44.12'), by a depth of 35.568m X116.69'), and an area of 586 sq. m. X6,307.85 sq. ft.), on Part Lot 181, Registered Plan 651, 188 Montgomery Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposted 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 e submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall receive approval of a site plan for the severed land from the City's Director of Planning, which plan shall include the location of all buildings on the property, as well as ofif-street parking spaces, landscaping, driveways and outdoor amenity area. 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 77 MAY 9, 2006 3. Submission No.: B 2006-022 & B 2006-023 ~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 May 9, 2008. Carried Submission No. B 2006-023 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of John and Dina Tsintaris requesting permission to sever a parcel of land having a width on Montgomery Road of 14 m (45.93') from front to rear, a depth of 30.77m (100.95') and an area of 430.78 sq. m. X4,637.02 sq. ft.), on Part Lot 181, Registered Plan 651, 188 Montgomery Road and 124 Fairmont Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposted 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 e submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 4. 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. 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed land which shall include the following: (a) "That prior to any grading or the application or issuance of a building permit, 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 any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) 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; (iv) justification for any trees to be removed; and, (vi) outline tree protection measures for trees to be preserved." COMMITTEE OF ADJUSTMENT 78 MAY 9, 2006 3. Submission No.: B 2006-022 & B 2006-023 ~Cont'd~ 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; and, (b) That the ownerfurther agrees: (i) that the single family dwelling to be constructed on the severed land shall be fitted with a forced air-ducted heating system suitably sized to and designed to permit the future installation of a central air conditioning system; and further, (ii) That the owner shall include the following warning clause to be registered on title of the severed land and included in all offers of purchase and sale agreements, and all rental agreements for the severed land: "Due to its proximity to Highway 7, projected noise levels on the property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." 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 May 9, 2008. Carried ADJOURNMENT On motion, the meeting adjourned at 11:50 a.m. Dated at the City of Kitchener this 9th day of May 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment