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Home My WebLink AboutAdjustment - 2006-10-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 17, 2006 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski and Z. Janecki. OFFICIALS PRESENT: Ms. T. Malone-Wright, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. R. Brent, Assistant Secretary-Treasurer. Mr. P. Britton, Chair, called this meeting to order at 9.30 a.m. MINUTES Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment, of September 12, 2006, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS 1. Submission Nos.: Applicant: Property Location Legal Description: Appearances: A 2006-063 to A 2006-068 Activa Holdings Inc. 3 & 83 Frankfurt Street, 352 & 369 Sienna Crescent, and 74 & 75 Woodbine Avenue Lots 19, 39, 110 & 111, Registered Plan 58M-338 and Lots 19 & 30. Registered Plan 58M-339 In Support: Ms. K. Wills Contra: None Written Submissions: None The Committee noted that each of these applications involves a corner lot, and each requests a driveway to be located less than 9m (29.52') from the intersection, as follows: • 3 Frankfurt Street -driveway to be set back 8.79m (28.86') from the intersection of Frankfurt street and Sienna Drive; • 83 Frankfurt Street -driveway to be set back 8.816m (28.92') from the intersection of Frankfurt Street and Sienna Drive; • 352 Sienna Crescent -driveway to be set back 8.386m (27.51') from the intersection of Sienna Crescent and Sienna Court; • 369 Sienna Crescent -driveway to be set back 8.796m (28.85') from the curve in Sienna Crescent; • 74 Woodbine Avenue -driveway to be set back 8.279m (27.16') from the intersection of Woodbine Avenue and Sienna Crescent; and, • 75 Woodbine Avenue -driveway to be set back 8.299m (27.22') from the intersection of Woodbine Avenue and Sienna Crescent. The Committee considered the reports of the Development and Technical Services department, dated October 10, 2006, in which they advise that Planning and Transportation Planning staff met with the applicants on September 26, 2006 to discuss the minor COMMITTEE OF ADJUSTMENT 166 OCTOBER 17, 2006 1. Submission Nos.: A 2006-063 to A 2006-068tCont'd) variances that were requested. City staff reviewed the elevation drawing for the `Eramosa' model that was provided by the applicant and note that given the house design it is not possible to shift the location of the house nor driveway to eliminate the need for a variance of 0.20 m for 3 Frankfurt Street, a variance of 0.18 m for 83 Frankfurt Street and a variance of 0.2 m for 369 Sienna Crescent. City staff also reviewed the other 3 applications for 352 Sienna Crescent, 74 Woodbine Avenue and 75 Woodbine Avenue which contain the `Tremont' and `Seaside' models and note the same situation. Without changing the house design for the lots, the need for minor variances on these properties ranging from 0.614 to 0.72 cannot be avoided. Staff are prepared to support the minor variance applications with the condition that the curb cut cannot be located closer than 9 metres to the intersection of the streets. The applicants indicated that they were agreeable to this recommendation by staff. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated August 31, 2006 advising they have no concerns with this application. Ms. Malone-Wright advised that following the September Committee of Adjustment meeting, staff met with the applicant and reviewed the elevation drawings for each of these properties, and determined that all of these variances are required. What staff recommend today is similar to what has been recommended for other similar driveway variances. Staff have regularly requested a condition be imposed that the curb cut be no closer than 9m to the intersection. Ms. Wills advised that Reid's Heritage Group agreed to purchase these lots and determined the house design for each of them prior to the change in the zoning by-law respecting driveways on corner lots. Submission No. A 2006-063 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.799m (28.86') from the intersection of Frankfurt Street and Sienna Drive rather than the required 9m (29.52') on Lot 19, Registered Plan 58M-338, 3 Frankfurt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.79 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 167 OCTOBER 17, 2006 Submission Nos.: A 2006-063 to A 2006-068tCont'd) Submission No. A 2006-064 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.816m (28.92') from the intersection of Frankfurt Street and Sienna Drive rather than the required 9m (29.52') on Lot 39, Registered Plan 58M-338, 83 Frankfurt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.81 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2006-065 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.386m (27.51') from the intersection of Sienna Crescent and Sienna Court rather than the required 9m (29.52') on Lot 19, Registered Plan 58M-339, 352 Sienna Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.38 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 168 OCTOBER 17, 2006 1. Submission Nos.: A 2006-063 to A 2006-068tCont'd) Submission No. A 2006-066 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.796m (28.85') from the curve in Sienna Crescent rather than the required 9m (29.52'), on Lot 30, Registered Plan 58M-339, 369 Sienna Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.79 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2006-067 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.279m (27.16') from the intersection of Woodbine Avenue and Sienna Crescent rather than the required 9m (29.52'), on Lot 111, Registered Plan 58M-338, 74 Woodbine Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.27 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 169 OCTOBER 17, 2006 Submission Nos.: A 2006-063 to A 2006-068tCont'd) Submission No. A 2006-068 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to locate a driveway 8.299m (27.22') from the intersection of Woodbine Avenue and Sienna Crescent rather than the required 9m (29.52'), on Lot 110, Registered Plan 58M-338, 75 Woodbine Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 metres from the intersection of streets. 2. That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.29 metres from the street, and the driveway shall run in a straight line from the curb to the front wall of the garage. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 2. Submission Nos.: B 2006-039 to B 2006-040 Applicant: Activa Holdings Inc. Property Location: 40 Activa Avenue & 38 Activa Avenue Legal Description: Part Block 3, Registered Plan 58M-15, being Parts 57 & 56, Reference Plan 58R-10623 Mr. P. Britton declared a pecuniary interest in these applications as his planning firm has acted for the applicant and did not participate in any discussion or voting with respect to these applications. Mr. D. Cybalski chaired the meeting during consideration of this application. Appearances: In Support: Ms. V. Schmidt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 parcels of land and retain one parcel of land each containing asemi-detached dwelling unit. Each of the three parcels of land will have a frontage on Activa Avenue of 7.5m (24.6') by a depth of 32.5m (106.62') and an area of 243.8sq. m. (2,624.32 sq. ft.). The Committee considered the report of the Development and Technical Services Department, dated October 10 2006, in which they advised that they have no objections to these applications, subject to certain conditions. COMMITTEE OF ADJUSTMENT 170 OCTOBER 17, 2006 2. Submission Nos.: B 2006-039 to B 2006-040tCont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated August 31, 2006 advising they have no concerns with these applications. Ms. Schmidt advised the purpose of these applications is to deal with the mortgage portfolio, and that the Part Lot Control Exemption By-law for these lands has expired. Submission No. B 2006-039 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to sever a parcel of land having frontage on Activa Avenue of 7.5m (24.6') by a depth of 32.5m (106.62') and an area of 243.8sq. m. (2, 624.32 sq. ft.), on Part Block 3, Registered Plan 58M-15, being Part 57, Reference Plan 58R-10623, 40 Activa Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. B2006-040. 2. That the necessary eave and maintenance easements are granted to adjacent properties to ensure compliance with the City's Zoning By-law. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 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. 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 October 17, 2008. Carried COMMITTEE OF ADJUSTMENT 171 OCTOBER 17, 2006 2. Submission Nos.: B 2006-039 to B 2006-040tCont'd) Submission No. B 2006-040 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to sever a parcel of land having frontage on Activa Avenue of 7.5m (24.6') by a depth of 32.5m (106.62') and an area of 243.8sq. m. (2, 624.32 sq. ft.), on Part Block 3, Registered Plan 58M-15, being Part 56, Reference Plan 58R-10623, 38 Activa Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. B 2006-039. 2. That the necessary eave and maintenance easements are granted to adjacent properties to ensure compliance with the City's Zoning By-law. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 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. 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 October 17, 2008. Carried This meeting recessed at 9:55 a.m. and reconvened at 10:21 a.m. with the following members present: Messrs P. Britton, D. Cybalski, and Z. Janecki. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-073 Applicant: Bich Ouan Ly Property Location: 172 Duke Street East Legal Description: Part Lot 1, Registered Plan 364 Appearances: In Support: None COMMITTEE OF ADJUSTMENT 172 OCTOBER 17, 2006 1. Submission No.: A 2006-073tCont'd) Contra: None Written Submissions: Mr. S. Head As no one appeared in support of this application, the Committee agreed to defer consideration of this application until its meeting of November 21, 2006. 2. Submission No.: A 2006-074 Applicant: David Hopkins Property Location: 33 Robertson Crescent Legal Description: Lot 58, Plan 1641 Appearances: In Support: Mr. D. Hopkins Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of a new roof over the deck to have a rear yard of 6.84 m (22.44') rather than the required 7.5 m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006, advising they have no objections to this application. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated September 26, 2006 advising they have no concerns with this application. Mr. J. Zanecki noted that the rear yard has been measured incorrectly, and should be measured perpendicular to the rear lot line. He advised he is willing to support a reduction in the rear yard to as low as 6m measured perpendicular to the rear lot line. Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of David Hopkins requesting legalization of a new roof over the deck having a rear yard of no less than 6m (19.78') when measured perpendicular to the rear lot line, rather than the required 7.5m (24.6'), on Lot 58, Registered Plan 1641, 33 Robertson Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 3. Submission No.: A 2006-075 Applicant: Terry Clark Property Location: 133 Sixth Avenue Legal Description: Lot 133, Registered Plan 254 Appearances: In Support: Mr. T. Clark COMMITTEE OF ADJUSTMENT 173 OCTOBER 17, 2006 3. Submission No.: A 2006-075tCont'd Contra: Mr. M. Mota Mr. M. Mota Mr. M. Soares Mr. T. Soares Written Submissions: Neighbourhood Petitions The Committee was advised the applicant is requesting permission to construct an addition onto the side of an existing garage to have a side yard abutting Connaught Street of 3.8 m (12.46') rather than the required 6 m (19.78'). The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006, advising the subject property is located on the north east corner of Sixth Avenue and Connaught Street, 1 block to the west of Franklin Street South. The subject property is designated Low Rise Residential in the Municipal Plan and Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to enlarge an existing attached garage located at the rear of the existing dwelling. Zoning By-law 85-1 requires any building used to accommodate off-street parking be located a minimum of 6 metres from a street line. A minor variance is being requested as the proposed garage addition will only be located a minimum distance of 3.8 metres from the Connaught Street property line. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The intent and purpose of the 6 metre setback in the Zoning By-law is to provide an adequate separation between the garage and the street line to accommodate a legal parking space in the driveway. The existing attached garage is currently located 5.2 m from the Connaught Street line and currently does not meet the required setback. Planning staff are of the opinion that a 3.8 m setback will make it even more difficult to provide a sufficient parking space in the driveway leading to the garage and accordingly the intent of the by-law will not be maintained. Throughout the neighbourhood surrounding 133 Sixth Avenue a 6 metre setback between the property line and a garage appears to have been maintained. It is questionable whether a reduction in the required setback will be compatible with the neighbourhing properties. A letter of support has been signed by 21 surrounding residents indicating that they support an addition to the garage located at 133 Sixth Avenue. It should be noted that the letter of support does not include a signature of the adjacent property owner at 328 Connaught Street nor the property owner across the street at 319 Connaught Street. Given the reduction in the setback of a building containing a parking space from the street line and the inability to provide a legal parking space in front of the garage, staff are of the opinion that effects of the variance are not minor and desirable for the appropriate development of the subject property. As the application will not meet the general intent of the zoning by-law, the intent of the official plan will not be maintained. Planning staff recommends that the application be refused. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2006 advising they have no concerns with this application. The Committee considered two neighbourhood petitions, one in support of this application and one opposed. COMMITTEE OF ADJUSTMENT 174 OCTOBER 17, 2006 3. Submission No.: A 2006-075tCont'd) The Chair advised that the hearing of this application will proceed as follows: staff will review the application and their recommendation, next the applicant will then make submissions in support of this application, the objectors will then be given an opportunity to raise their concerns, after that the applicant will be given an opportunity to respond to the objectors' concerns. Ms. Malone-Wright advised that the applicant proposes to construct a garage addition to have a side yard abutting a street which is less than the by-law requires. Staff have concerns that if the garage is used for storage of things other than vehicles, there will not be enough room to park vehicles in the driveway, without encroaching on City property. Mr. Clark advised that he would like to expand the garage in order to have some place to park his pick-up trucks, which are too long to fit in the garage at this time. As the garage roof currently needs repair, he though this would be an appropriate time to construct his addition. Mr. R. Parent advised this section of Connaught Street has no sidewalks, so, although vehicles parked in the driveway would not fit between the building and the property line, they would fit between the building and the street line. When questioned by the Committee, Mr. Clark advised that he repairs/restores his own vehicles, but is not running a business, and he is not a licensed mechanic. Mr. T. Soares advised the Committee that the adjacent neighbours are opposed to this applicant, as they have safety concerns for the children who walk in front of this property to go to school. He advised that construction on the garage has already started without approval Further, the current setback is consistent with the rest of the street. Mr. Soares concluded that his concerns mainly relate to safety and appearance. Mr. M. Soares advised his main concerns are for the safety of the neighbourhood children, and the fact that Mr. Clark has started construction without permission. Also, with respect to Mr. Clark's hobby, tow trucks drop-off cars at this location on a regular basis, and he is spray painting cars at this location which creates noxious fumes. Mr. Clark responded that his trucks are used in his ploughing business, he owns 5 vehicles, and he bought a Mustang to restore. The old vehicle in the rear yard was purchased for parts to restore the Mustang. With respect to the restoration/repair of vehicles, Ms. Malone-Wright advised this property is zoned R-4 which permits residential uses. A hobby of repairing and restoring cars for personal use is permitted; however, such a use is not permitted as a home business. When questioned by the Committee, Mr. Clark advised that he repairs/restores his own vehicles, but is not running a business, and he is not a licensed mechanic. Mr. T. Soares advised the Committee that the adjacent neighbours are opposed to this applicant, as they have safety concerns for the children who walk in front of this property to go to school. He advised that construction on the garage has already started without approval Further, the current setback is consistent with the rest of the street. Mr. Soares concluded that his concerns mainly relate to safety and appearance. Mr. M. Soares advised his main concerns are for the safety of the neighbourhood children, and the fact that Mr. Clark has started construction without permission. Also, with respect to Mr. Clark's hobby, tow trucks drop-off cars at this location on a regular basis, and he is spray painting cars at this location which creates noxious fumes. Mr. Clark responded that his trucks are used in his ploughing business, he owns 5 vehicles, and he bought a Mustang to restore. The old vehicle in the rear yard was purchased for parts to restore the Mustang. COMMITTEE OF ADJUSTMENT 175 OCTOBER 17, 2006 3. Submission No.: A 2006-075tCont'd) With respect to the restoration/repair of vehicles, Ms. Malone-Wright advised this property is zoned R-4 which permits residential uses. A hobby of repairing and restoring cars for personal use is permitted; however, such a use is not permitted as a home business. Mr. Cybalski advised that he can not support this application because there will not be enough room in front of the enlarged garage to park cars on the driveway without them being on City property. Mr. Janecki advised that he does not agree with the neighbours' concerns about safety and street aesthetics, but he is concerned about the home business concept. Mr. Clark advised that the trucks used in his business will be moved to another property, but he needs an increased length in his garage to accommodate his own truck. Respecting his neighbours' comments about spray painting, Mr. Clark advised that he does not have a spray gun for painting, and no vehicles will be spray painted in the driveway or the garage. The Chair commented that the intent of the zoning by-law is to allow parking in the driveway in front of the garage. If the garage is extended, there will not be sufficient space in front of the garage to park a vehicle, without the vehicle being on City property. Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Terry Clark requesting permission to construct an addition onto the side of an existing garage to have a side yard abutting Connaught Street of 3.8m (12.46') rather than the required 6 m (19.78'), on Lot 133, Registered Plan 254, 133 Sixth Avenue, 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 4. Submission No.: A 2006-081 Applicant: Activa Holdings Inc. Property Location: 39 Frankfurt Street Legal Description: Lot 28, Registered Plan 58M-338 Mr. Britton questioned whether the sale of this property to Westberry Homes Inc. is conditional on the approval of this application, and Ms. Willis advised it is not. Appearances: In Support: Ms. K. Wills Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a dwelling to have a southerly side yard of 1.157 m (3.79') rather than the required 1.2 m (3.93'). The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006 advising that have no objections to this application. COMMITTEE OF ADJUSTMENT 176 OCTOBER 17, 2006 4. Submission No.: A 2006-081 tCont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated September 26, 2006 advising they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Activa Holdings Inc. requesting permission for a dwelling to have a southerly side yard of 1.157 m (3.79') rather than the required 1.2 m (3.93'), on Lot 28, Registered Plan 58M-338, 39 Frankfurt Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 5. Submission No.: A 2006-082 Applicant: Anne Meunier Property Location: 38 Canter's Close Legal Description: Lot 24, Registered Plan 1740 Appearances: In Support: Mr. A. Bousfield Ms. P. Bunker Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lot having a width of 28.428 m (93.26') rather than the required 30m (98.42') and to construct a single family dwelling having a height of 12.78m (41.92 `) rather than the permitted 10.5m (34.44'). The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006 advising that the applicant is requesting a lot width of 28.428 metres rather than the required 30 metres. The zoning of the subject property is R-1 with a special provision 183R. The minimum lot width requirement for the use as a single family dwelling is 30 metres. The lot width is defined as "the horizontal distance between the side lot lines of a lot measured at the required front yard". This property was created through Registered Plan 1740 as Lot 24 on January 29, 1992. At that time the minimum required front yard setback was 10 metres, and the property met the 30 metre lot width requirement. In 2003, the front yard setback in the R-1 zone was reduced to 7.5 metres tBy-law 2003- 163). The subject lot has yet to be built upon and therefore any new development must meet the current requirements of the Zoning By-law. The lot width is now 28.428 metres, as measurement at the current 7.5 metres front yard setback. Though this vacant lot no longer complies with the lot width requirement for use as a single family dwelling, it is noted that there are lots in the surrounding area, also zoned R-1, that have been developed with single family dwellings and would be considered legal non-conforming regarding the lot width. The minor variance request for this lot would be considered minor in nature, as it is in keeping with the residential development of the area and would not adversely affect the surrounding neighbourhood. COMMITTEE OF ADJUSTMENT 177 OCTOBER 17, 2006 5. Submission No.: A 2006-082tCont'd) The applicant is also requesting permission to have a maximum building height of 12.78 metres rather than the permitted maximum of 10.5 metres. The design of the house is a reproduction of a French provincial manor and portions of the roof vary in height. Only a small portion of the total roof coverage exceeds the maximum building height. The variance request is considered minor in nature and in keeping with the residential development of the property. It will not adversely affect the surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services dated September 26, 2006 advising they have no concerns with this application. Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Anne Meunier requesting permission for a lot to have a width of 28.428 m (93.26') rather than the required 30m (98.42') and to construct a single family dwelling having a height of 12.78m (41.92`) rather than the permitted 10.5m (34.44'), on Lot 24, Registered Plan 1740, 38 Canter's Close, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried MINOR VARIANCE & CONSENT 1. Submission Nos.: B 2006-041 to B 2006-043 and A 2006-076 to A 2006-079 Applicant: Activa Holdings Inc. Property Location: 43, 45, 47 & 49 Activa Avenue Legal Description: Parts 20, 110 & 111, 17, 104, 105, 18, 106, 19, 108 & 109, Part Blocks 15 & 16, Registered Plan 58M-15, Reference Plan 58R- 10623 Mr. P. Britton declared a pecuniary interest in this application as his planning firm has acted for the applicant and did not participate in any discussion or voting with respect to these applications. Mr. D. Cybalski chaired the meeting during consideration of these applications. Appearances: In Support: Ms. V. Schmidt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 3 parcels of land and retain 1 parcel of land, each having a frontage of 7.706 m (25.28') on Activa Avenue by a depth of 32.603m (106.96') and an area of 219.7 sq. m (2,364.9 sq. ft.). Each parcel of land contains a single family dwelling. Each lot benefits from a maintenance easement over the abutting property. Also permission for each of the 4 properties to have a lot width of 7.706m (25.28') rather than the required 9 m (29.52'). COMMITTEE OF ADJUSTMENT 178 OCTOBER 17, 2006 1. Submission Nos.: B 2006-041 to B 2006-043 and A 2006-076 to A 2006-079tCont'd) The Committee considered the report of the Development and Technical Services Department, dated October 11, 2006 advising they have no objections to the approval of these applications subject to certain conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated August 31, 2006 & September 26, 2006 advising they have no concerns with this application. Submission No. B 2006-041 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to convey a parcel of land having frontage on Activa Avenue of 7.706m (25.28') by a depth of 32.603m (106.96') and having an area of 219.7 sq. m. (2,364.9 sq. ft.), together with an eaves and maintenance easement over Parts 106 & 107, Reference Plan 58R-10623, and subject to an eaves and maintenance easement over Parts 104 & 105, Reference Plan 58R-10623, in favour of Parts 16, 102 & 103, Reference Plan 58R-10623, on Part Blocks 15 and 16, Registered Plan 58M-15, being Parts 17, 104 and 105, Reference Plan 58R-10623, 49 Activa Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No.'s A2006-076 to A2006- 079, and B 2006-042 & B 2006-043. 2. That easements outlined in this decision shall be transferred in order to ensure compliance with the zoning by-law. 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 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 must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2008. Carried COMMITTEE OF ADJUSTMENT 179 OCTOBER 17, 2006 Submission Nos.: B 2006-041 to B 2006-043 and A 2006-076 to A 2006-079tCont'd Submission No. B 2006-042 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to convey a parcel of land having a frontage on Activa Avenue of 7.706m (25.28') by a depth of 32.603m (106.96'), and an area of 219.7 sq. m. (2,364.9 sq. ft.); together with an eaves and maintenance easement over Parts 108 and 109, Reference Plan 58R-10623, and subject to an eaves and maintenance easement over Parts 106 & 107, Reference Plan 58R-10623 in favour of 49 Activa Avenue, on Part Block 16, Registered Plan 58M-15, being Parts 18, 106 & 107 Reference Plan 58R-10623, 47 Activa Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No.'s A 2006-076 to A 2006-079, and B 2006-041 & B 2006-043. 2. That the easements outlined in this decision shall be transferred in order to ensure compliance with the zoning by-law. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City'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 October 17, 2008. Carried Submission No. B 2006-043 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission to convey a parcel of land having a frontage on Activa Avenue of 7.706m (25.28') by a depth of 32.603m (106.96'), and an area of 219.7 sq. m. (2,364.9 sq. ft.); together with an eaves and maintenance easement over Parts 110 and 111, Reference Plan 58R-10623, and subject to an eaves and maintenance easement over Parts 108 & 109, Reference Plan 58R-10623 in favour of 47 Activa Avenue, on Part Block 16, Registered Plan 58M-15, being Parts 19, 108 & 109 COMMITTEE OF ADJUSTMENT 180 OCTOBER 17, 2006 1. Submission Nos.: B 2006-041 to B 2006-043 and A 2006-076 to A 2006-079tCont'd) Reference Plan 58R-10623, 45 Activa Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No.'s A 2006-076 to A 2006-079, and B 2006-041 & B 2006-042. 2. That the easements outlined in this decision shall be transferred in order to ensure compliance with the zoning by-law. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City'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 October 17, 2008. Carried Submission No. A 2006-076 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission for a lot having a width on Activa Avenue of 7.706m (25.28') rather than the required 9m (29.52'), on Part Block 15, Registered Plan 58M-15, being Parts 20, 110 & 111, Reference Plan 58R-10623, 43 Activa 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 181 OCTOBER 17, 2006 Submission Nos.: B 2006-041 to B 2006-043 and A 2006-076 to A 2006-079tCont'd) Submission No. A 2006-077 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission for a lot having a width on Activa Avenue of 7.706m (25.28') rather than the required 9m (29.52'), on Part Block 16, Registered Plan 58M-15, being Parts 19, 108 & 109, Reference Plan 58R-10623, 45 Activa 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2006-078 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission for a lot having a width on Activa Avenue of 7.706m (25.28') rather than the required 9m (29.52'), on Part Block 16, Registered Plan 58M-15, being Parts 18, 106 & 107, Reference Plan 58R-10623, 47 Activa 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2006-079 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Holdings Inc. requesting permission for a lot having a width on Activa Avenue of 7.706m (25.28') rather than the required 9m (29.52'), on Part Blocks 15 & 16, Registered Plan 58M-15, being Parts 17, 104 & 105, Reference Plan 58R-10623, 49 Activa 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. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 182 OCTOBER 17, 2006 2. Submission Nos.: B 2006-044 and A 2006-080 Applicant: Activa Holdings Inc. Property Location: 31 & 51 Hackberry Street Legal Description: Part 38, Registered Plan 58M-19, Block 4, Reference Plan 58R- 10906 Mr. P. Britton declared a pecuniary interest in this application as his planning firm has acted for the applicant and did not participate in any discussion or voting with respect to these applications. Mr. D. Cybal ski chaired the meeting during consideration of this application. Appearances: In Support: Ms. V. Schmidt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Hackberry Street of 7.149 m (23.45') by a depth of 70.399m (230.96') and an area of 591.6 sq. m. (6,368.13 sq. ft.), and contains asemi-detached dwelling. The retained land has a frontage on Hackberry Street of 41.145m (135') along the front and side of the lot, and an area of 339.1 sq. m. (3,650.16 sq. ft.) and contains a single family dwelling. Also permission for 31 Hackberry Street to have a lot width of 12.5 m (41') rather than the required 15 m (49.21'), with the house constructed on this lot to have a side yard abutting Hackberry Street of 3.46m (11.35') rather than the required 4.5 m (14.76'). The Committee considered the report of the Development and Technical Services Department, dated October 11, 2006 advising they have no objections to the approval of these applications, subject to certain conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated September 26, 2006 advising they have no concerns with this application. Submission No. B 2006-044 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Investment Corporation requesting permission to convey a parcel of land having a width on Hackberry Street of 7.149m (23.45') by a depth of 70.399 m (230.96') and having an area of 591.6 sq. m. (6,368.13 sq. ft.), on Part Block 3, Registered Plan 58M-19, being Part 37, Reference Plan 58R-10906, 51 Hackberry Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2006-080. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 183 OCTOBER 17, 2006 2. Submission Nos.: B 2006-044 and A 2006-080tCont'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 October 17, 2008. Carried Submission No. A 2006-080 Moved by Mr. Z. Janecki Seconded by Mr. D. Cybalski That the application of Activa Investment Corporation requesting permission for a lot to have a width on Hackberry Street of 12.5 m (41'), with a dwelling having a side yard abutting Hackberry Street of 3.46 m (11.35') rather than the required 4.5m (14.76'), on Part Block 4, Registered Plan 58M-19, being Part 13, Reference Plan 58R-10906, 31 Hackberry Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 3. Submission Nos.: B 2006-047 to B 2006-050 Applicant: Harold Burgetz Property Location: 62 Thaler Avenue Legal Description: Part Lot 4, Easterly Range Plan 589 Appearances: In Support: Mr. J. Mesina Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 4 parcel of land and retain one parcel of land containing the existing dwelling. The first severed parcel of land will have a width on Burgetz Avenue of 13.1 m (42.97') by a depth along Thaler Avenue of 31.3 m (102.60') and an area of 410 sq. m. (4,412.58 sq. ft.). The other 3 severed parcels will have widths of 9.5 m (31.167') on Burgetz Avenue, depths of approximately 31.3 m (102.60') and area of 297.35 sq. m. (3,200.75 sq. ft.). The severed COMMITTEE OF ADJUSTMENT 184 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'd) lots will each contain asemi-detached dwelling. The retained parcel will have a width on Burgetz Avenue of 42.319m (138.84'), a depth of approximately 29m (95.144') and an area of 1,227 sq.m. (13,207.75 sq. ft.). The Committee noted the comments of the Development & Technical Services Department dated October 11, 2006 advising the subject property is located at the North-Eastern corner of Thaler Ave and Burgetz Avenue. It is currently developed with a single family dwelling. The property is zoned Residential Four Zone (R-4) and is designated Low Rise Residential in the Municipal Plan. In 2005, severance applications for semi-detached dwellings, B2005-049 and B2005-050, were approved by the Committee of Adjustment. At the time the applicant had requested the severance of two parcels, to be located on either side of the existing dwelling. The applicant has since revised their request to create 4 new residential lots for semi-detached dwellings. A condition of approval for severance application B2005-049 required that an existing greenhouse addition be removed to the satisfaction of the City's Director of Planning (see attached Survey dated 2005-07-18). The survey submitted with the most recent applications does not include the greenhouse so staff conducted a site visit. The site visit revealed that the greenhouse addition on the existing dwelling appears to still exist and as such should have been shown on the survey to indicate its location relative to the new proposed property line. As such staff recommend as a condition of severance applications B2006-049 and B2006-050 that the applicant provide staff with a revised survey indicating the exact location of the proposed property line and the existing greenhouse. This will allow staff to determine if the side yard setback between the greenhouse addition and the adjacent severed parcel is sufficient. The applicant proposes to sever four lots from the westerly portion of the property for the development of 4semi-detached dwelling units. The first lot to be severed, which is labeled as Lot A on the accompanying plan, would have a lot width of 13.1 metres and a lot area of 410 square metres. The second, third and fourth lots to be severed, which are labeled as Lot B, Lot C and Lot D on the accompanying plan, would all have a lot width of 9.5 metres and a minimum lot area of 297 square metres. The retained lands will have a lot width of 42.319 metres, front yard and side yards are currently unknown and require confirmation regarding the greenhouse and a rear yard of 11.04 metres. The total area of the retained lands is 1227 square metres. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the lands front on an established public street, and are compatible in size with the lots in the surrounding area. The four parcels will meet zoning requirements. The size of the proposed Lots A and B will only be suitable fora semi- detached dwelling due to Lot A's lot width of 13.1 metres instead of the required 15 metres for a single detached dwelling, and required exterior side yard setbacks for a corner lot dwelling. Asemi-detached dwelling can be accommodated on Lots C and D pending confirmation of the location of the greenhouse addition. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands and the lands can be serviced with independent and adequate service connections to municipal services. It is the opinion of staff that the severed and retained lands meet Municipal Plan policy and Zoning By-Law regulations and are considered to be proper and orderly development. The applications for consent conform to the policies of the Provincial Policy Statement 2005 as the severance will result in the intensification of the area and provides a greater range of housing types and densities in the community. The Committee noted the comments of Kitchener-Wilmot Hydro, Senior Design Technician, dated October 5, 2006 requesting that approval of these applications be subject to the applicant making satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed; the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. COMMITTEE OF ADJUSTMENT 185 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated October 11, 2006 advising that they have no objections to this application. Ms. Malone-Wright reviewed these applications, noting that the greenhouse addition still exists, and staff is concerned about the set back of this greenhouse from the new lots. Mr. Mesina advised that he is trying to accommodate the greenhouse and will ensure an adequate set back. With respect to the correspondence from Kitchener-Wilmot Hydro, Mr. Mesina advised that he has already contacted Hydro and is making the required arrangements. Mr. Janecki noted there is a well on the subject property, and questioned whether it is intended to be decommissioned. Mr. Mesina advised the retained land will be connected to municipal Water. Mr. Janecki stated that the existing well must be decommissioned. Mr. Mesina advised that the property owner may still want to use the water from his well for his garden. Mr. Janecki recommended the imposition of a condition that the requirements for wells be investigated and the well be decommissioned if required. Mr. Cybalski put forward a motion to grant these applications subject to the conditions recommended by City staff and Kitchener-Wilmot Hydro. Mr. Janecki put forward an amendment to Mr. Cybalski's motion that a condition be imposed to decommission the well, if required. Mr. Janecki's motion to amend the decision was voted on and lost. Submission No. B 2006-047 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Harold Burgetz requesting permission to convey a parcel of land having a width on Burgetz Avenue of 13.1 m (42.79') by a depth along Thaler Avenue of 31.3 m (102.9') and an area of approximately 410 sq. m. (4,412.58 sq. ft.), on Part Lot 4, Plan 589, 62 Thaler Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for electrical servicing to the severed land, including granting any easements Kitchener-Wilmot Hydro Inc. may require. 2. That the owner shall make financial arrangements with the City's Engineering Services for the following: (a) installation of new service connections to the severed and/or retained lands; and, (b) installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). the digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 186 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'd) 5. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 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 October 17, 2008. Carried Submission No. B 2006-048 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Harold Burgetz requesting permission to convey a parcel of land having a width on Burgetz Avenue of 9.5 m (31.67') by a depth of 31.3 m (102.69') and having an area of 297.35 sq. m. (3,200.75 sq. ft.), on Part Lot 4, Plan 589, 62 Thaler Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for electrical servicing to the severed land, including granting any easements Kitchener-Wilmot Hydro Inc. may require. 2. That the owner shall make financial arrangements with the City's Engineering Services for the following: (c) installation of new service connections to the severed and/or retained lands; and, (d) installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. COMMITTEE OF ADJUSTMENT 187 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'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 October 17, 2008. Carried Submission No. B 2006-049 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Harold Burgetz requesting permission to convey a parcel of land having a width on Burgetz Avenue of 9.5 m (31.67') by a depth of 31.3 m (102.69') and having an area of 297.35 sq. m. (3,200.75 sq. ft.), on Part Lot 4, Plan 589, 62 Thaler Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for electrical servicing to the severed land, including granting any easements Kitchener-Wilmot Hydro Inc. may require. 2. That the owner shall make financial arrangements with the City's Engineering Services for the following: a) installation of new service connections to the severed and/or retained lands; and, b) installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 6. That the owner shall submit a revised survey indicating the proposed set back of the existing greenhouse addition on the retained land from the proposed new property line. COMMITTEE OF ADJUSTMENT 188 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'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 October 17, 2008. Carried Submission No. B 2006-050 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Harold Burgetz requesting permission to convey a parcel of land having a width on Burgetz Avenue of 9.5 m (31.67') by a depth of 31.3 m (102.69') and having an area of 297.35 sq. m. (3,200.75 sq. ft.), on Part Lot 4, Plan 589, 62 Thaler Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for electrical servicing to the severed land, including granting any easements Kitchener-Wilmot Hydro Inc. may require. 2. That the owner shall make financial arrangements with the City's Engineering Services for the following: a) installation of new service connections to the severed and/or retained lands; and, b) installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 6. That the owner shall submit a revised survey indicating the proposed set back of the existing greenhouse addition on the retained land from the proposed new property line. COMMITTEE OF ADJUSTMENT 189 OCTOBER 17, 2006 3. Submission Nos.: B 2006-047 to B 2006-050tCont'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 October 17, 2008. Carried 4. Submission No.: B 2006-051 Applicant: Scheifle Family Trust c/o Grant Scheifle Property Location: 921 Glasgow Street Legal Description: Part Lot 34, German Comgany Tract Appearances: In Support: Mr. D. Riley Contra: Mr. S. Benenati Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land for multi-residential development to have a width on Glasgow Street of 120.03 m (393.79'), a depth of 361.7 m (1,186.6') and an area of 3.122 ha (7.711 acres). The retained land will contain the existing single family dwelling and will have a width on Glasgow Street of 14.37 m (47.145'), an irregular shape and an area of 0.813 ha (2 acres). The Committee considered the report of the Development and Technical Services Department, dated October 12, 2006 advising that the subject property is located on the south side of the portion of Glasgow Street that is between Fischer-Hallman Road and University Avenue. The lands are immediately to the east of Resurrection Secondary School and are almost 4 hectares in size. This site has been subject to several development approvals and proposals over the past 18 years; however, it remains vacant with the exception of a single detached dwelling. The past development applications include a draft approved plan of subdivision for approximately 54 single detached dwellings and a site plan approval for a cluster townhouse development. For various reasons, none of these approvals or proposals has moved forward to development and in the meantime, the remainder of the Glasgow Heights Community has been mostly developed. Recently, apre-submission meeting was held with respect to a new development proposal for the subject lands. The owner has now submitted a consent application that proposes to create a new parcel of land with approximately 120m of frontage on Glasgow Street, an area of approximately 3.1 ha and that extends to the Railway lands at the south and the end of Northforest Trail The intent is to sever the lands to permit the future development of a permitted residential use. The retained lands would have approximately 14.4m of frontage on Glasgow Street, an area of approximately 0.8ha and contains the existing single detached dwelling which is to remain. COMMITTEE OF ADJUSTMENT 190 OCTOBER 17, 2006 4. Submission No.: B 2006-051 tCont'd) With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. The applicant should be advised that there is a previously approved Tree Management Plan for this property and the area of vegetation indicated within the severed lands on the plans submitted with the application is intended to be conserved. This should be considered, among other matters, when determining the potential future development of the severed lands. Notwithstanding, the shape and size of the severed lands are still suitable for the purposes for which they are to be subdivided. Staff recommends that any further work with respect to tree management in addition to other typical consent conditions, such as service connections and boulevard works, are more reasonably dealt with during any development application such as a site plan, that will be considered subsequent to this consent application. Based on the foregoing, Planning staff recommends that the application be approved subject to certain conditions. 1. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 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 considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated October 11, 2006 advising that they have no objections to this application. Ms. Malone-Wright advised the Committee that the zoning of this property is R-6 with Special Regulation 267, and multi-unit residential is a permitted use in the zoning by-law. When questioned about a tree management plan, Mr. Reilly advised that there was a previously proposed development for this property, for which a site plan and tree management plan were prepared. He has been advised by City staff that the tree management plan and site plan must be updated for this proposed development. In response to questions from the Committee, Ms. Malone-Wright advised that staff is confident that they can obtain all requirements for this development through the site plan process. If it is determined that easements are required, the applicant will have to make a further application to this Committee. Mr. Reilly advised that the previous proposal for development was for the exact same shaped parcel as is now being proposed. Ms. Benenati advised that her concern relates to access from this site to Northforest Trail. She stated her concern is for the neighbourhood children going to school and the park in this area. Mr. Reilly confirmed that this property's access to Northforest Trail will be an emergency access only. COMMITTEE OF ADJUSTMENT 191 OCTOBER 17, 2006 4. Submission No.: B 2006-051 tCont'd) Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of the Scheifle Family Trust requesting permission to convey a parcel of land having a width on Glasgow Street of 120.03m (393.79'), a depth of 361.7m (1,186.6') and an area of 3.122 ha (7.711 acres), on Part Lot 34, German Company Tract, 921 Glasgow Street, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall enter into an agreement with the City of Kitchener that the access to/from the severed land to/from Northforest Trail shall be for pedestrian and emergency purposes only. 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 October 17, 2008. Carried 5. Submission Nos.: Applicant: Property Location: Legal Description: B 2006-052 to 53 and A 2006-083 to A 2006-084 Claysam Custom Homes Ltd. 291-299, 305 & 311 Briarmeadow Drive Parts 67 to 84, incl., Registered Plan 58M-190, Part of Block 57, Reference Plan 58R-15441 Appearances: In Support: Mr. P. Magahay Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to divide blocks of townhouse units such th at 311 Briarmeadow Drive will have a lot width of 9.708m (31.85'), a depth of 28.569m (93.73 '), an area of 286.55 sq. m. (3,084.5 sq. ft.) and will contain one COMMITTEE OF ADJUSTMENT 192 OCTOBER 17, 2006 5. Submission Nos.: B 2006-052 to 53 and A 2006-083 to A 2006-084tCont'd) townhouse unit. 305 Briarmeadow Drive will have a width on Briarmeadow Drive of 9m (29.52'), an irregular shape, and an area of 6,695 sq. m. (72,066.73 sq. ft.) and will contain 11 townhouse units. The retained land, 291 to 299 Briarmeadow Drive, will have a width on Briarmeadow Drive of 35.696m (117.11'), a depth of 29.221 m (95.86'), an area of 1,080.04 sq. m. (11,625.83 sq. ft.), and will contain 5 townhouse units. Also permission for a side yard of 2.35m (7.7`) for the street townhouse dwelling at 299 Briarmeadow Drive rather than the required 2.5m (8.2`), and permission for a lot with for 305 Briarmeadow Drive of 9m (29.52`) rather than the required 15m (49.2`). The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006 advising the applicant has advised Planning staff that the lot depth of 311 Briarmeadow Drive (B2006-053) should read 30.569 m instead of 28.569 m as noted on the application. The dimension and shape of the new lot, 311 Briarmeadow Drive, is shown correctly on the plan that was submitted with the application, dated September 1, 2006. They advised they have no objection to these applications, subject to certain conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated September 26, 2006 advising they have no concerns with this application. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated October 11, 2006 advising they have no concerns with this application. Ms. Malone-Wright advised that this development has received site plan approval, and the development will continue to function as it currently does. These applications will allow the street fronting townhouses not to be included in the condominium corporation. It was noted that the staff report recommends the inclusion of certain easements not included in the application and the Committee agreed to consider an amendment to the applications for these easements. Ms. Malone-Wright advised that the site will continue to function as it currently does. These applications will separate the street fronting townhouses so they will not be included in the condominium corporation. It was noted by staff that easements are required in these applications, and the Committee agreed to consider an amendment to these applications for this purpose. Submission No. B 2006-052 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Claysam Custom Homes requesting permission to convey a parcel of land having a width of 9 m (29.52'), an irregular shape and having an area of 6,695 sq.m. (72,066.73 sq. ft.); subject to an access easement over Parts 80 and 81, Reference Plan 58R-15441, in favour of the retained land, and subject to a hydro/utility easement over Parts 80, 82 and 109, Reference Plan 58R-15441, on Part Block 57, Registered Plan 58M-190, being Parts 80, 81, 82, 107 and 109, Reference Plan 58R-15441, 305 Briarmeadow Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No.'s A 2006-083 and A 2006-084. 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 193 OCTOBER 17, 2006 5. Submission Nos.: B 2006-052 to 53 and A 2006-083 to A 2006-084tCont'd) 3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City'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 October 17, 2008. Carried Submission No. B 2006-053 Moved by Mr. D. Cybalski Seconded by Mr. Z. Janecki That the application of Claysam Custom Homes Ltd. Requesting permission to convey a parcel of land having a width of 9.708m (31.85') by a depth of 30.569 m (100.29'), and an area of 296.763 sq. m. (3,194.43 sq. ft.); subject to a hydro/utility easement over Parts 84 and 108, Reference Plan 58R-15441, on Part Block 57, Registered Plan 58M-190, being Parts 83, 84 and 108, Reference Plan 58R-15441, 311 Briarmeadow Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No.'s A 2006-083 and A 2006-084. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 194 OCTOBER 17, 2006 5. Submission Nos.: B 2006-052 to 53 and A 2006-083 to A 2006-084tCont'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 October 17, 2008. Carried Submission No. A 2006-083 That the application of Claysam Custom Homes Ltd. requesting permission for a townhouse unit to have an easterly side yard of 2.35 m (7.7') rather than the required 2.5 (8.2'), on Part Block 57, Registered Plan 58M-190, being Parts 67 to 79, Reference Plan 58R-15441, 291 to 299 Briarmeadow Drive, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2006-084 That the application of Claysam Custom Homes Ltd., requesting permission for a lot to have width of 9 m (29.52') rather than the required 15 m (49.2'), on Part Block 57, Registered Plan 58M-190, being Parts 80, 81, 82, 107 & 109, Reference Plan 58R-15441, 305 Briarmeadow Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. ADJOURNMENT On motion, the meeting adjourned at 11:45 a.m. Dated at the City of Kitchener this 17th day of October 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment