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HomeMy WebLinkAboutAdjustment - 2002-05-28 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 28, 2002 MEMBERS PRESENT: Messrs. P. Kruse, P. Britton and B. Isaac. OFFICIALS PRESENT: Ms. J. Given, Principal Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:00 a.m. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of May 7, 2002, as mailed to the members, be accepted. UNFINISHED BUSINESS CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: Carried B 2002-009 & A 2002-027 Waterloo Catholic District School Board 250 & 268 East Avenue Part Lots 64, 79 & 110 and Lots 65 and 80 to 84 inclusive, Registered Plan 351 Appearances: In Support: Ms. Viona Duncan cio Flynn & Sorbara 300 Victoria Street North Kitchener ON N2H 6R9 Contra: None Public Submissions: In Support: None Contra: None Consent Application B 2002-009 was originally considered by the Committee at its meeting held on April 16, 2002 at which time the application was deferred to allow an opportunity for the applicant to submit a minor variance application to be considered in conjunction with the consent application. The applicant subsequently submitted a minor variance application, Submission No. A 2002-027, for consideration this date. The Committee was previously advised with respect to consent B 2002-009 that the applicant is requesting permission to convey a parcel of land containing an existing residential use as a lot addition to an abutting property known municipally as 268 East Avenue, having a lot width of 27.825 m (91.29 ft.), by an average depth of 21.732 m (71.29 ft.) and an area of 565.1 m2 (6,082.88 sq. ft.). With respect to Minor Variance Application, Submission No. A 2002-027, the Committee was advised that the applicant is requesting permission to legalize an existing rectory with an attached COMMITTEE OF ADJUSTMENT 86 MAY 28, 2002 1. Submission Nos.: B 2002-009 & A 2002-027 (Cont'd) garage on the lands proposed to be severed under Consent B 2002-009, having an easterly sideyard setback of 3.2 m (10.51 ft.), rather than the required 6 m (19.68 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any), with respect to both applications: · Business & Planning Services (B 2002-009) - April 9, 2002 - request to defer the application; and May 22, 2002 - in support, subject to certain conditions; · Business & Planning Services (A 2002-027) - May 22, 2002 - in support; The following had no concerns or comments with respect to either application: · Director of Building - April 10, 2002 · Traffic & Parking Analyst - April 13 & 17, 2002 · Region of Waterloo - April 10 and May 8 and 23, 2002 · Grand River Conservation Authority - April 5 and May 23, 2002. Ms. Viona Duncan, agent for the applicant, advised that the purpose of the severance is to provide St. Anne's Church with title to the rectory which is attached to the church but physically located on the adjoining school property. She further advised that the purpose of the minor variance application is to address a deficient sideyard with respect to the garage attached to the rectory. She noted that the sideyard cannot be extended further because of an existing parking lot on the adjacent lands. Consent B 2002-009 Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of the Waterloo Catholic District School Board requesting permission to convey a parcel of land containing an existing residential use as a lot addition to an abutting property known municipally as 268 East Avenue, having a lot width of 27.825 m (91.29 ft.), by an average depth of 21.732 m (71.29 ft.) and an area of 565.1 m2 (6,082.88 sq. ft.), on Part Lots 64, 79 and 110 and Lots 65 and 80 to 84 incl., Registered Plan 351, 250 & 268 East Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Minor Variance Application, Submission No. A 2002-027, shall receive final approval. That the lands to be severed shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 28, 2004. Carried COMMITTEE OF ADJUSTMENT 87 MAY 28, 2002 1. Submission Nos.: B 2002-009 & A 2002-027 (Cont'd) Minor Variance A 2002-027 Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of the Waterloo Catholic District School Board requesting permission to legalize an existing residential use (rectory) with an attached garage, having an easterly sideyard setback of 3.2 m (10.51 ft.), rather than the required 6 m (19.68 ft.), on Part Lots 64, 79 and 110 and Lots 65 and 80 to 84 incl., Registered Plan 351,250 & 268 East Avenue, 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. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried The Committee then recessed the meeting, temporarily, at 10:05 a.m. to consider applications for variances to the City's Sign and Fence By-laws. This meeting reconvened at 10:20 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-028 Rose Alma Briere 66 Lang Crescent Part Lot59, German Company Trad Appearances: In Support: Mr. Philip Briere 66 Lang Crescent Kitchener ON N2K 1P3 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a detached rearyard accessory building (garage) having a maximum height to the underside of the fascia of 3.47 m (11.38 ft.), rather than the permitted 3 m (9.84 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 24, 2002 - in support; · Director of Building - May 10, 2002 - in support, subject to a building permit being obtained prior to construction; COMMITTEE OF ADJUSTMENT 88 MAY 28, 2002 Submission No.: A2002-028 (Cont'd) The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority - May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Mr. Briere had anything further to add. Mr. P. Briere advised that the proposed accessory building was originally designed for another property; however, it is now proposed to relocate the accessory building to the property at 66 Lang Crescent. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Rose Alma Briere requesting permission to construct a detached rearyard accessory building (garage) having a maximum height to the underside of the fascia of 3.47 m (11.38 ft.), rather than the permitted 3 m (9.84 ft.), on Part Lot 59, German Company Tract, 66 Lang Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit prior to construction of the detached accessory building (garage). 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. 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.: Applicant: Property Location: Le.qal Description: A 2002-029 Kenneth J. Klassen 37 Wimbleton Crescent Lot 24, Registered Plan 1403 Appearances: In Support: Mr. Ken Klassen 37 Wimbleton Crescent Kitchener ON N2B 3K4 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a covered deck, 3.5 m x 4.86 m (12 ft. x 16 ft.) in size, having a rearyard setback of 5.47 m (17.94 ft.), rather than the required 7.5 m (24.6 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 22, 2002 - in support, generally as shown on the drawings submitted with the application; COMMITTEE OF ADJUSTMENT 89 MAY 28, 2002 Submission No.: A2002-029 (Cont'd) · Director of Building - May 10, 2002 - in support, subject to a building 3ermit being obtained prior to construction; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Mr. Klassen had anything further to add. Mr. Klassen advised that he had nothing further to add. Mr. P. Britton questioned that if the proposed covered deck were converted for year round use, would staff still support the variance and Ms. Given advised that it would still be supported. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of Kenneth Klassen requesting permission to construct a covered deck, 3.5 x 4.86 m (12 ft. x 16 ft.) in size, having a rearyard setback of 5.47 m (17.94 ft.), rather than the required 7.5 m (24.6 ft.), on Lot 24, Registered Plan 1403, 37 Wimbleton Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall be generally in accordance with the drawings submitted with Minor Variance Application, Submission No. A 2002-029. 2. That the owner shall obtain a building permit prior to construction of the covered deck. 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. 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.: Applicant: Property Location: Le.qal Description: A 2002-030 Jared G. Westover 318 Frederick Street Part Lots 13 & 14, Re.qistered Plan 111 Appearances: In Support: Mr. Jared Westover PO Box 22035 50 Westmount Road North Kitchener ON N2L 6J7 Contra: None Public Submissions: In Support: None Contra: None COMMITTEE OF ADJUSTMENT 90 MAY 28, 2002 Submission No.: A2002-030 (Cont'd) The Committee was advised that the applicant is requesting permission to legalize an existing triplex on a parcel of land having a minimum lot width of 12.19 m (40 ft.), rather than the required 15 m (49.21 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 21,2002 - in support; · Region of Waterloo - May 8, 2002 - in support; also advised that any future redevelopment of this site may require the dedication of a 10 ft. road widening; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Mr. Westover had anything further to add. Mr. Westover advised that he had nothing further to add. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Jared Westover requesting permission to legalize an existing residential use (triplex) on a parcel of land having a minimum lot width of 12.19 m (40 ft.), rather than the required 15 m (49.21 ft.), on Part Lots 13 and 14, Registered Plan 111, 318 Frederick 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. 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.: Applicant: Property Location: Legal Description: A 2002-031 Terra View Homes Ltd. 145 Hawkswood Drive Part Block 28, Registered Plan 58M-181, designated as Part 53 on Reference Plan 58R-12968 Mr. P. Britton declared a pecuniary interest in this application as his firm was involved in the initial subdivision planning process for the area that includes Hawkswood Drive and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting during consideration of the application and, pursuant to the Municipal Conflict of Interest Act, the application was considered by the remaining two members. Appearances: In Support: Mr. David Brix Terra View Homes Ltd. 5-45 Speedvale Avenue East Guelph ON N1H 1J2 Contra: None Public Submissions: COMMITTEE OF ADJUSTMENT 91 MAY 28, 2002 Submission No.: A2002-031(Cont'd) In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a single residential dwelling having a southerly sideyard setback of 4.29 m (14.07 ft.) adjacent to Riverlink Way, rather than the required 4.5 m (14.76 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 22, 2002 - in support; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Mr. Brix had anything further to add. Mr. D. Brix advised that for the purpose of this application Terra View Homes had chosen 1 of 4 building designs as a sample illustration. In this regard, he questioned that if the application was approved, would the company be restricted to the sample building. Ms. J. Given advised that the variance pertains only to the sideyard setback, not the design of the building. Moved by Mr. B. Isaac Seconded by Mr. P. Kruse That the application of Terra View Homes Ltd. requesting permission to construct a single residential dwelling having a southerly sideyard setback of 4.29 m (14.07 ft.) adjacent to Riverlink Way, rather than the required 4.5 m (14.76 ft.), on Part Block 28, Registered Plan 58M-181, designated as Part 53 on Reference Plan 58R-12968, 145 Hawkswood 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. 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.: Applicant: Property Location: Le.qal Description: A 2002-032 Elizabeth Lynn 950-952 King Street West Part Lot 293, Re.qistered Plan 385 Appearances: In Support: Ms. Elizabeth Lynn Ms. Betty Lynn 22 College Street Kitchener ON N2H 4Z9 Contra: None Public Submissions: COMMITTEE OF ADJUSTMENT 92 MAY 28, 2002 5. Submission No.: A2002-032 (Cont'd) In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing mixed commercial-residential building containing a minimum of 3 dwelling units and a personal service use (tattoo parlour), rather than the required 20 dwelling units. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Business & Planning Services - May 22, 2002 - in support, subject to an amendment to permit a personal service occupying a maximum of 35% of the gross floor area of the building and subject to development of on-site parking; · Traffic & Parking Analyst - April 17, 2002 - in support, subject to the development of on-site parking; The following had no concerns or comments with respect to this application: · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Ms. Lynn had anything further to add. Ms. E. Lynn questioned if approval would be restricted to the existing personal service use (tattoo parlour). Ms. J. Given advised that all personal service uses permitted under the current zoning would be allowed. Mr. P. Britton referred to the restriction of 35% of the gross floor area for the personal service and questioned if this was necessary given there is intention to revise the Zoning By-law to permit free-standing personal services in existing buildings. Ms. J. Given advised that until such time as an amending by-law has been passed some limitation should apply to maintain the intent of the existing by-law. In response to Mr. P. Britton, Ms. Lynn stated that she was in agreement with this restriction. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Elizabeth Lynn requesting permission to legalize an existing mixed commercial-residential building containing a minimum of 3 dwelling units and a personal service use (tattoo parlour), rather than the required 20 dwelling units, on Part Lot 293, Registered Plan 385, 950-952 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the personal service use shall occupy not more than a maximum of 35% of the gross floor area of the existing building. That the owner shall be required to develop on-site parking generally in accordance with the parking plans submitted with Minor Variance Application, Submission No. A 2002-032, to the satisfaction of the Director of Traffic & Parking and to be completed no later than August 30, 2002. No extension to this completion date shall be granted unless approved in writing by the Director of Planning prior to the completion date set out in this decision. 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. 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 93 MAY 28, 2002 Submission No.: Applicant: Property Location: Le.qal Description: A 2002-033 Nga Thien Hoang 59 Plymouth Road Lot 28, Re.qistered Plan 842 Appearances: In Support: Ms. Nga Hoang 59 Plymouth Road Kitchener ON N2G 3G7 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that carport, 8.56 m x 3.53 m (28.1 ft. (2 ft.), rather than the required 1.2 the applicant is requesting permission to construct an attached x 11.6 ft.) in size, having an easterly sideyard setback of 0.6 m m (4 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 22, 2002 - in support, subject to all drainage being directed onto the subject property; · Director of Building - May 10, 2002 - in support, subject to a building permit being obtained prior to construction of the new carport; · Kitchener-Wilmot Hydro Inc. - May 23, 2002 - in support, subject to relocation of the hydro metre to an outside wall of the new structure; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 23, 2002. The Chair reviewed the comments and pointed out that Kitchener-Wilmot Hydro Inc. has requested that the hydro metre be relocated to an outside wall of the new structure to maintain accessibility. Ms. N. Hoang pointed out that the carport is an open structure, accessible to anyone at anytime and questioned the necessity to relocate the hydro metre. Ms. J. Given suggested that the Committee consider imposing a condition to require the owner to ensure that continued accessibility to the hydro metre is maintained without obstruction. Mr. Kruse pointed out that if the carport was converted in future to a full garage the hydro metre would have to be relocated to maintain accessibility. Ms. J. Given advised that if conversion took place, the owner would be required to submit a subsequent application. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Nga Thien Hoang requesting permission to construct an attached carport, 8.56 m x 3.53 m (28.1 ft. x 11.6 ft.) in size, having an easterly sideyard setback of 0.6 m (2 ft.), rather than the required 1.2 m (4 ft.), on Lot 28, Registered Plan 842, 59 Plymouth Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 6. Submission No.: A2002-033 (Cont'd) COMMITTEE OF ADJUSTMENT 94 MAY 28, 2002 1. That the owner shall obtain a buiding permit prior to construction of the new carport. 2. That the owner shall ensure all roof drainage is directed onto the subject property. 3. That the owner shall ensure that continued accessibility to the hydro metre is maintained to the satisfaction of Kitchener-Wilmot Hydro Inc. It is the opinion of this Committee that: The variance requested in this application is minor in nature. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Carried A 2002-034 Ernie Weinhardt 1892 Ottawa Street South Part Lot 46, German Company Tract, designated as Parts 2 & 3 on Reference Plan 58R-4083 Appearances: In Support: Mr. Ernie Weinhardt 1892 Ottawa Street South Kitchener ON N2G 3W7 Contra: None Public Submissions: In Support: None Contra: Mr. Borislav Bosika 1896 Ottawa Street South Kitchener ON N2C 1Y1 The Committee was advised that the applicant is requesting permission to construct a detached garage having a westerly sideyard setback of 0.6 m (1.96 ft.) in accordance with future residential zoning, rather than 10 m (32.8 ft.) as required by existing agricultural zoning. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 22, 2002 - in support, subject to an amendment to request a reduction of the minimum sideyard requirement from 7.5 m rather than from 10 m; Director of Building - in support, subject to a building permit being obtained prior to construction of the detached garage, no windows or doors in the exterior wall face adjacent to the 0.6 m setback, and all drainage to be directed onto the subject property; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 23, 2002; 7. Submission No.: A2002-034 (Cont'd) COMMITTEE OF ADJUSTMENT 95 MAY 28, 2002 Mr. Borislav Bosika, 1896 Ottawa Street South - opposed; concerns raised relate to the fact that the subject lands are still zoned as agricultural and unless the applicant has already requested a zoning change, the current distance for construction of the detached outbuilding should be maintained. Mr. P. Kruse reviewed the comments and pointed out that staff are recommending the application be amended to permit a reduced sideyard setback of 0.6 m from 7.5 m rather than from 10 m as noted on the application. Mr. Weinhardt agreed to this amendment. At the request of Mr. Kruse, the Secretary-Treasurer read into the record the letter of objection received from Mr. Borislav Bosika. In response to Mr. P. Britton, Ms. J. Given provided clarification of the rationale for approval of the application relative to the intent of the agricultural zoning and residential designation of the subject lands. She noted that the "A-I" zoning acts as a holding zone pending future rezoning which will permit development of these lands for residential uses. Mr. Britton acknowledged that the subject lands had been created a number of years ago as a residential lot and given the rationale provided, had no difficulty in supporting the application. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Ernie Weinhardt requesting permission to construct a detached garage, 5.4 m x 7.95 m (17.71 ft. x 26.08 ft.) in size, having a westerly sideyard setback of 0.6 m (1.96 ft.), rather than the required 7.5 m (24.6 ft.), on Part Lot 46, German Company Tract, designated as Parts 2 & 3 on Reference Plan 58R-4083, 1892 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction of the detached garage. 2. That the exterior wall face to be located 0.6 m (1.96 ft.) from the property line shall have no window or door openings. 3. That the owner shall ensure all roof drainage is directed onto the subject property. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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.: Applicant: Property Location: Le.qal Description: A 2002-035 Frank Kains 254J Woolwich Street Part Lot 125, German Company Tract Appearances: In Support: Mr. Jim English Four Seasons Sunrooms 15-105 Lexington Rd. Waterloo On N2J 4R7 Contra: None 8. Submission No.: A2002-035 (Cont'd) COMMITTEE OF ADJUSTMENT 96 MAY 28, 2002 Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to expand a legal non- conforming single residential dwelling by adding a sunroom addition to the rear and a covered porch along the southerly wall of the dwelling. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Business & Planning Services - May 23, 2002 - in support, subject to the application being amended to permit the addition of a sunroom for a lot without frontage on a public road and as generally shown on the plan submitted with the application; · Director of Building - May 10, 2002 - in support, subject to a building permit being obtained prior to construction of the new addition; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 8, 2002 · Grand River Conservation Authority- May 22, 2002. Mr. P. Kruse reviewed the comments and pointed out that staff are recommending the application be amended to permit the proposed expansion on a lot without frontage on a public road. Mr. J. English, agent for the applicant, agreed to this amendment. In response to Mr. P. Britton, Ms. J. Given clarified that the lot has a combination of A-1 and E-1 zoning and the proposed expansion would be situate on that part of the lands regulated by the E- l Zone. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Frank Kains requesting permission to expand a legal non-conforming single residential dwelling by adding a rearyard sunroom addition, on a lot without frontage on a public road, on Part Lot 125, German Company Tract, 254J Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall be generally in accordance with the plans submitted with Minor Variance Application, Submission No. A 2002-035. 2. That the owner shall obtain a building permit prior to the construction of the new addition. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 97 MAY 28, 2002 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2002-011 Kerry & Karen 8wartzentruber 42 Biehn Drive Part Lot 7, Biehn's Tract, designated as Part 2 on Reference Plan 58R-5689 Appearances: In Support: Ms. Karen Swartzentruber Mr. Peter Swartzentruber 53 Banfield Street Paris ON N3L 2Y9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot by severing a parcel of land for single residential use, having frontage on Biehn Drive of 10.366 m (34 ft.), by a depth of 47.97 m (157.38 ft.) and an area of 497.26 m2 (5,352.63 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 22, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Region of Waterloo - May 23, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if the applicants had anything further to add. Mr. P. Swartzentruber referred to the Business & Planning Services report respecting Condition No. 2 which requires a cash-in-lieu contribution for park dedication. In this regard, he questioned how the value of the severed land is ascertained. Ms. J. Given explained that the City's Appraiser will value the land based on properties in the surrounding area and, provided the Committee's decision is favourable, will initiate this process following the appeal period. Mr. Swartzentruber advised that a 50 ft. Maple tree exists on the left side of the property and provided pictures of the tree for the Committee's review. In this regard, he requested that they be allowed to place the driveway in the proposed location rather than relocating it to the left of the property to avoid removal of the tree. Ms. J. Given advised that the proposed location would have to provide the full 40 ft. depth required for a legal driveway/parking area. She noted that Condition 5 is generically worded such that staff have the ability to work with the applicant to ensure that all regulations of the by-law are complied with. Mr. P. Britton suggested that Condition 5 be revised to require that the driveway be designed with the objective of retaining the existing tree. Mr. Britton also referred to the existing shed and suggested that Condition 6 be revised to provide that the shed be relocated in conformity with all regulations of the Zoning By-law and be shown on the plans required under Condition 5. Mr. Swartzentruber agreed with the proposed revisions. COMMITTEE OF ADJUSTMENT 98 MAY 28, 2002 Submission No.: B 2002-011 (Cont'd) Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Kerry and Karen Swartzentruber requesting permission to convey a parcel of land for single residential use, having frontage on Biehn Drive of 10.366 m (34 ft.), by a depth of 47.97 m (157.38 ft.) and an area of 497.26 m2 (5,352.63 sq. ft.), on Part Lot 7, Biehn's Tract, designated as Part 2 on Reference Plan 58R-5689, 42 Biehn Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% (residential) of the value of the lands to be severed. 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. 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. That a building plan shall be submitted to the satisfaction of the City's Principal Planner, showing the existing and proposed locations of all buildings including accessory buildings and driveways for the severed and retained lands; and, the proposed driveway for the severed lands shall be designed with the objective of retaining the existing Maple tree on the subject property. That the existing shed shall be relocated on the retained lands in compliance with all regulations of the City's Zoning By-law and shall be shown on the building plan required under Condition 5 or, alternatively, shall be removed. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 28, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: B 2002-012 Max Becker Enterprises Ltd. 1170 Fischer-Hallman Road Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423 Mr. P. Britton declared a pecuniary interest in this application as his firm represents the applicant and did not participate in any discussion or voting with respect to this application. Mr. Britton left COMMITTEE OF ADJUSTMENT 99 MAY 28, 2002 Submission No.: B 2002-012 (Cont'd) the meeting during consideration of this application and, pursuant to the Municipal Conflict of Interest Act, the application was considered by the remaining two members. Appearances: In Support: Mr. Pierre Chauvin MacNaughton Hermsen Britton Clarkson Planning Ltd. 171 Victoria Street North Kitchener ON N2H 5C5 Mr. Bruce Schiefele MTE Consultants Inc. 650 Riverbend Drive Kitchener ON N2K3S2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot for use as a retail petroleum facility, having frontage on Fischer-Hallman Road of 76.574 m (251.22 ft.) and an area of 6,683 m2 (71,937.56 sq. ft.), and granting of an easement for services over the retained lands in favour of the severed lands. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 21, 2002 - in support of the conveyance of land, subject to certain conditions; opposed to the granting of an easement for services; Region of Waterloo - May 23, 2002 - in support; recommend granting of a right-of-way in favour of severed lands and lifting of 1 ft. reserve to enable access to both Fischer-Hallman Road and Westmount Road; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. P. Kruse reviewed the comments and enquired if Mr. Chauvin had anything further to add. Mr. P. Chauvin, agent for the applicant, provided clarification with respect to Regional and City staff comments respecting a right-of-way for access. He explained that the right-of-way will be dealt with as part of future plans for the retained parcel as noted on the approved site plan, rather than as part of this application. Mr. Chauvin also addressed the issue of the requested easement and suggested an alternative proposal that would convey the easement to the City to place it in public ownership rather than private. Ms. J. Given advised that future applications are anticipated for the subject lands and Engineering staff have indicated that separate service connections will be required. Accordingly, she advised that staff are recommending refusal of the easement as it will not be necessary given that separate connections will be required. Mr. B. Isaac brought forward a motion to approve the conveyance of land, together with a second motion to refuse the easement. COMMITTEE OF ADJ USTM ENT 100 MAY 28, 2002 2. Submission No.: B 2002-012 (Cont'd) Mr. Bruce Schiefele, MTE Consultants Inc., entered the meeting at this time and advised that he had been in discussion with Engineering staff respecting the issue of the easement. In this regard, he advised that Engineering staff have now agreed to a private easement. Ms. J. Given pointed out that the drawings submitted with the application do not show where the easement is to be located and the applicant has not provided information as to what the easement is for. The Secretary-Treasurer suggested that the Committee may wish to defer this application to allow an opportunity for staff to meet further with parties to the application to resolve issues respecting the easement. In response to Mr. Kruse, Mr. Chauvin requested a brief recess to confer with Mr. Schiefele on the issue of deferral. Following a brief recess, Mr. Chauvin returned and requested that the Committee consider approving the easement subject to the satisfaction of Engineering staff. Ms. Given reiterated that no drawings illustrating the location of the easement or what it is for were available and pointed out that she was without benefit of input from Engineering staff. The motions of Mr. B. Isaac were then voted on. Moved by Mr. B. Isaac Seconded by Mr. P. Kruse That part of the application of Max Becker Enterprises Ltd. requesting permission to convey a parcel of land for development of a retail petroleum facility, having frontage on Fischer-Hallman Road of 76.574 m (251.22 ft.), by an average depth of 79.36 m (260.36 ft.) and an area of 6,683 m2 (71,937.56 sq. ft.), on Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423, 1170 Fischer-Hallman Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement changes. 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 28, 2004. Carried COMMITTEE OF ADJUSTMENT 101 MAY 28, 2002 Submission No.: B 2002-012 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. P. Kruse That part of the application of Max Becker Enterprises Ltd. requesting granting of an easement for services over the retained lands in favour of the severed lands, on Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423, 1170 Fischer-Hallman Road, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the requested easement is unnecessary as the City's Engineering staff require separate service connections to be installed on the subject site for all lots created. Carried Submission Nos.: Applicant: Property Location: Legal Description: B 2002-013 & B 2002-014 McLean-Peister Ltd. 4511-4515 King Street East Lot 7, Registered Plan 698 and Part Lot 8, Beasley's Broken Front Concession, designated as Parts 3 to 7 incl. on Reference Plan 58R- 11338 Appearances: In Support: Mr. Geoff VanderBaaren Mark L. Dorfmann, Planner Inc. 145 Columbia Street West Waterloo ON N2L 3L2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create two new lots for residential use each fronting onto Edgehill Drive. The first parcel will have a lot width of 31.306 m (102.70 ft.), by an average depth of 95.955 m (314.81 ft.) and an area of 0.2979 ha (0.7361 ac). The second parcel will have a lot width of 30.44 m (99.86 ft.), by an average depth of 95.955 m (314.81 ft.) and an area of 0.28595 ha (0.7065 ac). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - May 23, 2002 - in support, subject to certain conditions; · Region of Waterloo - May 23, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - April 17, 2002 · Grand River Conservation Authority- May 23, 2002. Mr. G. VanderBaaren, agent for the applicant, advised that the proposed severances are identical to severances previously approved under Consent Applications B 11/98 and B 12/98. He pointed out that the prior consent applications lapsed as a result of conditions not being fulfilled. Mr. VanderBaaren noted that two additional conditions of approval are proposed for the current applications, being an agreement with the City for a tree saving plan and an agreement with the Region for construction of a noise attenuation berm. COMMITTEE OF ADJ USTM ENT 102 MAY 28, 2002 3. Submission Nos.: B 2002-013 & B 2002-014 (Cont'd) Mr. VanderBaaren provided a plan for review illustrating that only 3 trees remain, 2 on one of the severed parcels and 1 on the other. He also provided architectual drawings for review of the severed parcel containing the single tree and pointed out that there are no plans to remove this tree. Accordingly, he suggested that it was unnecessary to go to the length of placing an agreement on title for tree saving for essentially 2 trees. Mr. VanderBaaren then addressed the Regional comments and pointed out that a noise study had been completed. He confirmed that the applicant had constructed the berm and suggested that the berm was of significant size and material such that it was unlikely to ever be removed. He further advised that the site plan makes allowance for fencing to add additional buffers. Accordingly, he suggested that the Region's request for an agreement for construction of the berm and granting of an easement was also unnecessary. Mr. VanderBaaren requested the Committee's consideration of approval to be subject to Conditions 1 and 2 only, as contained in the Business & Planning Services comments. In response to Mr. P. Britton, Mr. VanderBarren advised that he did not have certification of construction for the berm; however, pointed out that the applicant's engineers, MTE Consultants Inc., had undertaken the construction. Mr. VanderBaaren further stated that his client is concerned with timing given that offers to purchase exist on the proposed lots and the offers are on the understanding that they are without an easement. Mr. Britton commented that requirements for noise attenuation are reasonable; however, the question of the easement appears to be of concern. In this regard, he suggested that the Regional condition be modified to revise clause a) to provide that the berm also be maintained to Regional standards and clause b) could then be deleted. Mr. VanderBaaren suggested that this would be acceptable to his client. Mr. Britton then referred to the City's request for an agreement respecting tree saving and Ms. J. Given suggested that the Committee consider requiring the building plan to still show the trees; however, not require an agreement. She further requested that Condition 3 apply to both severed parcels. Consent B 2002-013 Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of McLean-Peister Ltd. requesting permission to convey a parcel of land for single residential development having frontage on Edgehill Drive of 31.306 m (102.70 ft.), by an average depth of 95.955 m (314.81 ft.) and an area of 0.2979 ha (0.7361 ac), on Lot 7, Registered Plan 698 and Part of Lot 8, Beasley's Broken Front Concession, designated as Part 3 on Reference Plan 58R-11338, 4511-4515 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 driveway culvert, if required, and paved driveway ramp on the severed lands. 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. That the owner shall submit a building location plan to the satisfaction of the City's Principal Planner, showing the location of all buildings, including accessory buildings, decks and driveways and the location, species, size and condition of all existing trees on the lands to be severed; and the owner shall, where necessary, implement the approved plan prior to any grading, tree removal or the issuance of any building permits. No changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. COMMITTEE OF ADJ USTM ENT 103 MAY 28, 2002 3. Submission Nos.: B 2002-013 & B 2002-014 (Cont'd) That the owner shall enter into an agreement with the Regional Municipality of Waterloo to construct a 1.8 m high earthen berm along the rear edge of the severed parcels as illustrated on drawing number 1402-100N of the noise study prepared by MTE Consultants Inc., dated June 1998, to provide that the earthen berm shall be constructed and maintained to Regional standards, and written verification shall be provided by MTE Consultants Inc. that the noise attenuation requirements have been implemented. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 28, 2004. Carried Consent B 2002-014 Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of McLean-Peister Ltd. requesting permission to convey a parcel of land for single residential development having frontage on Edgehill Drive of 30.44 m (99.86 ft.), by an average depth of 95.955 m (314.81 ft.) and an area of 0.28595 ha (0.7065 ac), on Lot 7, Registered Plan 698 and Part of Lot 8, Beasley's Broken Front Concession, designated as Parts 4 to 7 inclusive on Reference Plan 58R-11338, 4511-4515 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 driveway culvert, if required, and paved driveway ramp on the severed lands. 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. That the owner shall submit a building location plan to the satisfaction of the City's Principal Planner, showing the location of all buildings, including accessory buildings, decks and driveways and the location, species, size and condition of all existing trees on the lands to be severed; and the owner shall, where necessary, implement the approved plan prior to any grading, tree removal or the issuance of any building permits. No changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to construct a 1.8 m high earthen berm along the rear edge of the severed parcels as illustrated on drawing number 1402-100N of the noise study prepared by MTE Consultants Inc., dated June 1998, to provide that the earthen berm shall be constructed and maintained to Regional standards, and written verification shall be provided by MTE Consultants Inc. that the noise attenuation requirements have been implemented. COMMITTEE OF ADJ USTM ENT 104 MAY 28, 2002 Submission Nos.: B 2002-013 & B 2002-014 (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 May 28, 2004. Carried ADJOURNMENT On motion, the meeting adjourned at 11:05 a.m. Dated at the City of Kitchener this 28th day of May, 2002. J. Billett Secretary-Treasurer Committee of Adjustment