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HomeMy WebLinkAboutAdjustment - 2006-11-21COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 21, 2006 MEMBERS PRESENT: Messrs. P. Britton, Z. Janecki and B. Isaac. 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 9:45 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 October 17, 2006, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS 1. Submission No.: A 2006-073 Applicant: Bich Quan Ly Property Location: 172 Duke Street East Legal Description: Part Lot 1, Registered Plan 364 Mr. C. Duong, Parking Technician was present to interpret for Ms. Ly and Mr. A. Pinnell, Planner, was present to communicate the application on behalf of the applicant. Appearances: In Support: Ms. B. Ly Contra: None Written Submissions: Mr. S. Head The Committee was advised that the applicant requests permission for a rear addition, under construction, to have a rear yard of 0.8 m (2.674') rather than the required 3m (8.87') rear yard. The Committee considered the report of the Development and Technical Services Department, dated October 10, 2006 advising the subject property is located at 172 Duke Street East, near the intersection of Cedar and Duke Streets. The property was originally constructed as a single family dwelling and is presently being used as such. The applicant proposes to use the building on the lands as a dwelling unit and personal service use. The property is zoned D-5 and designated as Commercial-Residential in the City's Municipal Plan. The applicant is requesting a minor variance to allow a 0.8 metre rear yard setback whereas Zoning By-law 85-1 requires a minimum 3.0 metre rear yard setback. 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. COMMITTEE OF ADJUSTMENT 196 NOVEMBER 21, 2006 Submission No.: A 2006-073 tCont'd The proposed minor variance meets the intent of both Zoning By-law 85-1 and the Municipal Plan as the D-5 zoning and Commercial-Residential designation in the Downtown permits the use of the property as a dwelling unit and personal service use. The variance can be considered minor in nature as the rear addition is essentially to be used as protection to the rear entrance of the building. The reduction in setback from the required 3.0 metres to 0.8 metres is minor due to the fact that the addition is being constructed of maintenance free materials and any maintenance that may be required can be accommodated through the 0.8 metre setback. The neighbouring property at the rear of the subject property (50 Cedar St. N.) has a driveway that runs the length of the property. The separation of the addition to the neighbouring building is more than adequate and staff is of the opinion that it will have no impact on the neighbouring property. The variance is appropriate for the development and use of the land as both uses are permitted and the proximity to the Downtown makes a personal service use desirable for the area. Staff recognize that the building is on a small lot; however, approving the addition at the rear of the property will still provide adequate outdoor amenity space for the residents of the dwelling unit. Since the proposed addition is only to be used as an entrance to the building, parking is not an issue in the D-5 zone as Zoning By-law 85-1 requires only the parking that existed on site as of 1992. 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 the written submission of Mr. S. Head in support of thi application. Mr. Pinnell presented the application on behalf of the applicant, advising that the construction of the addition has been started but it is currently incomplete. The Committee was further advised that the purpose of the addition is to cover the rear access to the building. It will have a shingle roof and siding on the walls. Upon questioning Ms. Malone-Wright advised this application came about as a result of an inspection made by the City's Enforcement staff. Further, a building permit application has been submitted, but the permit has not been issued pending the outcome of this application. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Bich Ouan Ly requesting permission for a rear addition to have a rear yard of 0.8 m (2.674') rather than the required 3m (8.87') rear yard, on Part Lot 1, Registered Plan 364, 172 Duke Street East, Kitchener Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a building permit for the rear addition. 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 197 NOVEMBER 21, 2006 This meeting recessed at 9:54 a.m. and reconvened at 10:48 a.m. with the following members present: Messrs P. Britton, B. I saac and Z. Janecki. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-085 Applicant: Konrad & Jill Sauer Property Location: 21 Maynard Avenue Legal Description: Part Lot 178, Registered Plan 374 Appearances: In Support: Mr. K. Sauer Contra: Ms. G. Gubitz Written Submissions: None The Committee was advised that the applicant requests permission to provide 0 parking spaces for a home business which has no employees rather than 1off-street parking space, and permission for an accessory building having a height of 5.76m (18.89') rather than the permitted 5.5m (18.04') with a wall height to the underside of the fascia of 5.43m (17.81') rather than the permitted 3m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated November 9, 2006, advising the subject property is zoned R-5 (1270) and contains an existing single family dwelling. The applicant is requesting permission to provide no parking space for an established home business, rather than the one required space. The applicant had previously applied for and received approval of Committee of Adjustment A2004-053 to construct a detached accessory building having a building height of 5.76 metres rather than the permitted 5.5 metres and to have the wall height to the underside of the fascia 5.43 metres rather than the permitted 3.0 metres subject to providing one parking space inside the accessory building. Since that time, the applicant has removed the parking space from the interior of the accessory building and it is therefore necessary to re-approve the building and wall height for the existing structure as well as the parking space variance. The applicant operates an "artisan's establishment" as a home business which does not attract or require customers/clients to come to the premises. The zoning by-law requires the provision of one parking space for a home business, unless the business is an "office" use that does not attract customers/clients to the premises. In this case, the argument can be made that the "artisan's establishment" functions on the same premise as the "office" use by not attracting customers/clients to the premises. In this regard staff have no concern with the requested variance. Aside from the variance to the parking requirement, staff identified that the earlier variance (A2004-053) has been voided as the condition to provide one parking space inside the building has not been maintained. In this regard staff recommend re-approving the variance to building height of 5.76 metres rather than the permitted 5.5 metres, and wall height to the underside of the fascia of 5.43 metres rather than the permitted 3.0 metres. The City encourages the concept of "live/work" space by permitting small home businesses. In this case, the variance will enable the applicant to continue to work at the residence while having no affect on the neighbourhood. Based on the foregoing, Planning staff recommend that the application be approved without conditions. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 198 NOVEMBER 21, 2006 Submission No.: A 2006-085 tCont'd Ms. Malone-Wright explained this application for the Committee's benefit, and when questioned by the Committee, advised that the previous application to this Committee requested use of only part of this building as a home occupation, and part of the building was to be used for parking. The owner now wants to use all of the building for the home business and not to provide the one parking space. Staff and the Committee then reviewed the zoning by-law requirements for the amount of space that can be used for a home business, which is 50 sq. m. It was noted that in the application the owner states the ground floor area of this accessory building to be 616 sq. ft. (57.22 sq. m.) and the gross floor area to be 1142 sq. ft. (106.9 sq. m.). As this variance, for an increase in the floor area for the home business beyond what the zoning by-law allows, was not requested in this application, a discussion took place as to how this application should be handled. Mrs. Gubitz addressed the Committee advising that this accessory building looks like another house on the property. Further, it seemed to her from the Notice of Hearing, that the applicant is seeking permission to construct another building on this property. She also advised that she is concerned about the parking space behind the accessory building, as in winter it is difficult to manoeuvre around the corner; further, the property at 21 Maynard has an access easement over her property. The Committee agreed not to consider this application this date, given that the application is incomplete, and that the owner submit a revised application. Once the revised application has been received a new Notice of Hearing be published prior to the Committee's further consideration of this application. Submission No.: A 2006-086 Applicant: Sara J. Sutherland Property Location: 196 Grand River Boulevard Legal Description: Lot 26. Registered Plan 1447 2 Appearances: In Support: None Contra: None Written Submissions: Ms. S. Sutherland The Committee agreed to the written request of the applicant to defer its consideration of this application. The hearing of this application is to be scheduled for Tuesday December 12, 2006. Submission No.: A 2006-087 Applicant: Riverbank Estates Ltd. Property Location: 134 Paige Street Legal Description: Lot 1. Registered Plan 58M-411 3 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 this application. Mr. Z. Janecki chaired the meeting during consideration of this application; which was considered by the remaining two members. Appearances: In Support: Mr. B. Hermsen Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 199 NOVEMBER 21, 2006 3. Submission No.: A 2006-087 tCont'd The Committee was advised the applicant is requesting permission to reduce the required building setback from Bridge Street from 12m (39.37') to 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated November 9, 2006 advising the subject property is located at the southeast corner of Paige Street and Bridge Street in Bridgeport. It is currently a vacant parcel of land located within a recent registered plan of subdivision. Surrounding land use is residential to the north, west and east and open space/hazard lands to the south. The subject lands are zoned Residential Six (R-6) with special regulation provision 177R in By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is applying for setback relief of 6m from Bridge Street (an arterial roadway) for Lot 1 rather than the required 12m under section 5.24 of By-law 85-1. This, according to the applicant, will allow for the redistribution of lot frontages along Paige Street as the applicant is seeking Part Lot Control to create 22 single detached lots from 32 semi- detached lots in recently registered plan 58M-411. Section 5.24 of By-law 85-1 regulates the setback for lots located along arterial roadways in Kitchener. The intent is to reduce noise impacts to rear-lotted properties and to provide space for a landscaped strip along arterial roadways. Prior to registration of plan 58M- 411, the Region had requested that an updated Noise Study be undertaken for this plan. A Noise Assessment dated August 2005, as amended December 2005, was prepared and it identified the need for a physical noise barrier to be erected along the Bridge Street, encompassing the subject lands. The study recommended that given a noise barrier is required, a 6m setback would be appropriate for Lot 1 as the outdoor noise levels would be mitigated by the noise wall thereby making the required 12m setback redundant. 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 proposal meets the intent of the Official Plan as the subject property is designated Low Rise Residential and the proposed use a single detached dwelling is consistent with this designation. The purpose and intent of Section 5.25 of Zoning By-law 85-1 is to mitigate noise through increased setbacks. In this case the approved Noise Study identified the need for a physical barrier at both the 12 m and the 6 m setbacks. Accordingly, a 6 metre setback will maintain the intent of the zoning by-law while making a better use of land. The variance is minor in nature as the outdoor noise levels would not be significantly reduced with a 12m setback and noise wall as opposed to a 6m setback and a noise wall. Staff is of the opinion that a 6m setback would be appropriate, is a wise use of land and practically speaking, makes good common planning sense. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have objections to the requested 6 m setback. Mr. B. Hermsen, was in attendance on behalf of the applicant, in support of the staff recommendation on this application. He stated they would be well within the established side yard if this was a regular lot. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Riverbank Estates Ltd. requesting permission to reduce the required building setback from Bridge Street from 12m (39.37') to 6 m (19.68'), on Lot 1, Registered Plan 58M-411, 134 Paige Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 200 NOVEMBER 21, 2006 3. Submission No.: A 2006-087 tCont'd) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 4. Submission No.: Applicant: Property Location Legal Description: Appearances: In Support: Contra: A 2006-088 Henry Walser Funeral Home 507 Frederick Street Lot 31, and Part of Lots 8, 9, 10, 11 & 12, Registered Plan 42 Ms. C. Baycetch None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition onto the funeral home to have a side yard abutting Becker Street of 0 m rather than the required 3 m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated November 9, 2006 advising the subject property is located at 507 Frederick Street and is surrounded by Ann Street on the northeast side and Becker Street on the southwest side. The subject property has a frontage of 101.4 metres and an area of 5711 square metres and contains and existing commercial building. The applicant is requesting a minor variance to add an addition with a 0 metre side yard setback which abuts a street whereas Zoning By-law 85-1 requires a minimum 3.0 metre side yard setback when abutting a street. The applicant has submitted a site plan application (SP06/104/F/LT) for the addition which is currently under review and proposed for December 6th Site Plan Review Committee. 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 variance meets the intent of the Municipal Plan for the following reasons. The subject property is designated Mixed Use Node in the Municipal Plan, which allows a mix of commercial and residential uses as set out in the Zoning Bylaw. The applicant is proposing to construct an addition to an already permitted commercial use and as such, the intent of the Municipal Plan is maintained. The variance meets the intent of the Zoning By-Law for the following reasons. The property is zoned Commercial-Residential Two (CR-2) with Special Use Provision 2680. The Zoning By-law requires a 3.0 metre setback for a side yard abutting a street. The purpose of the side yard setback abutting a street in the Zoning By-Law is to maintain an aesthetically pleasing streetscape for the subject property and surrounding neighbourhood. The setback ensures that there is sufficient visibility for vehicles exiting the subject or adjoining property and to provide room for maintenance and any construction work. The logistics of construction on site, should the reduced sideyard be approved will be coordinated through the Section 41 Site Plan Agreement. It is noted that the property is located at the end of Becker Street which is not a through street and as a result, the effect of the addition on the streetscape or vehicular visibility is minimal. The applicant is currently under negotiations to obtain a portion of the Becker Street right-of- way (through lease or purchase), as the parking spaces on Becker Street are considered surplus. Obtaining a portion of Becker Street will provide ample land in the sideyard to COMMITTEE OF ADJUSTMENT 201 NOVEMBER 21, 2006 4. Submission No.: A 2006-088 tCont'd) undertake maintenance and construction. It is the opinion of staff that the intent of the by- law will be maintained. The variance is minor for the following reasons. The addition will not have a visual impact on the neighbourhood nor would it effect the enjoyment of the neighbouring property owners. It is noted that there are no properties located directly across from the subject property and since 507 Frederick is the last property on Becker Street, there is a lack of vehicular traffic in the area. The variance is appropriate for the development and use of the land as the proposed addition is to an already permitted commercial use and would have no negative impacts on the surrounding neighbourhood. Staff recommend that application A2006-088 be approved, subject to the owner obtaining site plan approval for the proposed addition. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have no concerns with this application. The Committee considered correspondence from the Kitchener-Wilmot Hydro dated November 14, 2006, advising of safety standards established by Ontario Regulation 22/04, and the Occupational Health and Safety Act, for the benefit of the applicant. Ms. Malone-Wright advised that negotiations are underway between the City and the property owner for them to purchase or lease a portion of the Becker Street right-of-way, but most likely it will be a long-term lease. With respect to the distance requirement, for safety reasons, set-out in the correspondence received from Kitchener-Wilmot Hydro Inc., following a brief adjournment, Ms.Baycetch confirmed that the closest point is 1.68m which meets the safety requirement as outlined by Kitchener-Wilmot Hydro. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of Henry Walser Funeral Home requesting permission to construct an addition onto the funeral home to have a side yard abutting Becker Street of 0 m rather than the required 3 m (9.84'), on Lot 31 and Part of Lots 8, 9, 10, 11, & 12, Registered Plan 42, 507 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive site plan approval from the City of Kitchener for the proposed addition. 2. That the owner shall verify by survey that the safety standards outlined in correspondence dated November 14, 2006, from Kitchener-Wilmot Hydro Inc. have been met. 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 202 NOVEMBER 21, 2006 5. Submission No.: A 2006-089 Applicant: Negoslav Radulovic Property Location: 144 Water Street South Legal Description: Part Lot 24, Registered Plan 47 Appearances: In Support: Mr. N. Radulovic Mr. R. Sajkonovic Contra: Mr. M. Chilanski Written Submissions: Ms. M. McKenna Mr. M. Chilanski Ms. S. Coulter Mr. F. Etherington Ms. L. Economides The Committee was advised the applicant is requesting permission to locate an off-street parking space, having a length of 3.7 m (12.13') rather than the required 5.49m (18.01'), 0 m from the lot line along Water Street rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated November 6, 2006 advising that the subject property is located on the northern side of Water Street South directly across from Victoria Park. The subject property is designated as Open Space in the Municipal Plan and Existing Zone (E1) in Zoning By-law 85-1. The applicant is proposing to create one legal parking space in the front yard. Zoning By-law 85-1 requires a 6.0 metre setback for an off-street parking space on a residential property. In order to provide a parking space in this location the following variances are required. • a reduction in the required setback from 6.0 metres to 0 metres • a reduction in the required length for a parking space from 5.5 metres to 3.7 metres for a small triangular portion of the parking space. 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 parking space and the street line. Due to the configuration of the property the applicant is unable to locate a legal parking space on-site with a separation distance of 6 metres. During the reconstruction of Water St. S. during 2005 a curb cut was placed at the entrance to the non-conforming parking space. No on- street parking is available on this one-way section of Water St. Off-street parking for residential properties is desirable, especially in the absence of any on-street parking in this location. Unfortunately, the age and character of the property limits the ability to alter the home to provide a parking space. In order to keep the home a viable single family dwelling one off-street parking space ideally should be provided. It is noted that only a small portion of the parking space is deficient in length. The length at the shortest distance is 3.7 m. At least 50% of the parking space is at least 5 metres in length. The entire front yard is currently covered in interlock pavers. This is an appropriate treatment for a proposed parking space in the front yard as it does not have the appearance of a parking space when it is not being used. COMMITTEE OF ADJUSTMENT 203 NOVEMBER 21, 2006 5. Submission No.: A 2006-089 tCont'd) The application does meet the intent of the Official Plan which supports and attempts to accommodate residents who wish to adapt their housing to needs that change over time. Staff feel that the parking space will not visually detract from the residential character of the neighbourhood. The neighbourhood surrounding 144 Water St. S. contains a variety of housing forms, and varied setbacks due to the age of housing. The adjacent property located at 142 Water St. South also has two front yard parking spaces built with similar interlock pavers. Therefore front yard parking and a reduction in the required parking space size is compatible with surrounding uses. The requested minor variance for parking in the front yard is considered minor in nature by staff, as the location will not impact abutting properties or the appearance of the streetscape. Although the parking space does not meet the minimum 6 metre requirement of Zoning By-law 85-1, or the required length for a parking space, a parking space is necessary and can only be accommodated in this location given the location of the dwelling and lot configuration. Based on the foregoing, Planning staff recommends that the application be approved. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have no objections to this application. The Committee considered the report of the Grand River Conservation Authority dated November 3, 2006 advising the entire property is regulated for floodplain adjacent to Victoria Park Lake and a permit will be required from the Grand River Conservation Authority pursuant to Ontario Regulation 150/06. Mr. Parent noted that at the shortest point this parking space would be 3.7m long. If it was 5.5m long, it would protrude into the sidewalk area. Photographs were submitted showing a vehicle parked in this parking space, and the neighbour parked in his parking space. Mr. R. Sajkunovic advised the applicant can park his vehicle in this parking space without difficulty. Also, there is no on-street parking allowed on this portion of Water Street. A vehicle parked in this location does not affect vehicular or pedestrian visibility. Mr. Parent advised there is no bus service on Water Street, and the closest bus stop is on Charles Street. Mr. Chilanski stated that visually, having a vehicle parked in this proposed parking space is not attractive, and the vehicle hangs over onto his property. Further, it is difficult to manoeuvre a car into this parking space. Ms. T. Malone-Wright advised that similar situations on Water Street exist. She stated that the variance being requested only affects a portion of the parking space. Further, it is desirable to have on-site parking given there is no parking allowed on the street. Mr. Janecki advised that he visited this site; which is on a one-way street and has less traffic volume than Jubilee Drive. Mr. Janecki stated that he parked his vehicle in this parking space; and if you park as close to the property line as possible, a vehicle does not overhang the sidewalk; further, visibility is acceptable from a "blind spot" point of view. He also noted that there are other properties on the street with similar problems. His only concern is that the curb cut is in the wrong location, or should be wider, and it needs to be addressed. With respect to any potential impact on the Heritage Conservation District, Mr. Janecki advised that he discussed this application with the City's Heritage Planner who has no concerns with this application. Mr. Isaac questioned snow removal and was advised by Mr. Radulovic that he will throw or blow the snow onto the street; further, he is prepared to pay for a new curb cut. COMMITTEE OF ADJUSTMENT 204 NOVEMBER 21, 2006 5. Submission No.: A 2006-089 tCont'd) The Chair advised that the Committee has no authority to approve an encroachment of this parking space over the sidewalk, and that this Committee needs a proper plan showing a functional parking space entirely on the applicant's property before this application can be dealt with. Mr. M. Chilanski advised he works in the automobile industry and advised of the types of vehicles that could be accommodated in a parking space of this size. He asked that a revised plan be submitted to this Committee. He also stated that a parking space in this location is aesthetically unpleasing and it will devalue the properties in this area. The Committee members generally agreed to defer consideration of this application to the Committee of Adjustment meeting scheduled for Tuesday December 12, 2006. The applicant was instructed to provide a revised plan to reflect a feasible, functional parking space contained entirely on his property for that meeting. Mr. Parent was requested to meet with Mr. Chilanski and the applicant in this regard prior to the December 12, 2006 meeting. 6. Submission No.: A 2006-090 Applicant: 717729 Ontario Inc. Property Location: 1876 Huron Road Legal Description: Lot 22 and Part of Lots 8, 9, & 21, Registered Plan 585 Appearances: In Support: Mr. R. Roeder Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition onto a building located in an A-1 (Agricultural) Zone, where the property has an area of 1.75 ha (4.32 ac.) rather than the permitted 1.2 ha (2.964 ac.). The Committee considered the report of the Development and Technical Services Department, dated November 9, 2006 advising the purpose of the application is to allow a small building addition to a Sale, Rental, Storage, Repair or Service of Tools and Farm Equipment business on lot that is zoned Agricultural (A-1 ), having a lot area of 1.75 hectares, whereas the Zoning By-law requires a maximum of 1.2 hectares. The owner intends to construct an addition onto the east side of the existing building and to add a roof overhang along the front and east sides of the building. The proposed development was discussed at a City Site Plan Pre-Application Meeting on May 16, 2006. The stated intention of the applicant is to submit a formal Site Plan Application shortly. The existing use and proposed changes to the building comply with the regulations of the Zoning By- law; however, a variance is required because a change is proposed to the existing building which is located on a lot that does not comply with maximum lot area regulation. The intent of the maximum lot area regulation is to prohibit certain uses from lands intended for agriculture or similar uses. In this case, the use of the land as a Sale, Rental, Storage, Repair or Service of Tools and Farm Equipment business has existed for many years. Staff advise that the existing lot area is appropriate for this use. The variance meets the intent of the Municipal Plan and Zoning By-law, can be considered desirable for the appropriate development of the land, and can be considered minor in nature. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 14, 2006 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 205 NOVEMBER 21, 2006 6. Submission No.: A 2006-090 tCont'd) Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of 717729 Ontario Inc. requesting permission to construct an addition onto a building located in an A-1 (Agricultural) Zone, where the property has an area of 1.75 ha, (4.32 ac.) rather than the permitted 1.2 ha (2.964 ac.), on Lot 22 and Part of Lots 8, 9 & 21, 1876 Huron Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2006-054 Applicant: William & Gloria Stumpf Property Location: 117 Evenstone Avenue Legal Description: Lot 5, Registered Plan 1284 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 this application. Mr. Z. Janecki chaired the meeting during consideration of this application; which was considered by the remaining two members. Appearances: In Support: Mr. D. Aston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Evenstone Avenue of 33.3m (109.25') having a triangular shape, and having an area of approximately 1,220 sq. m. (13,132.4 sq. ft.); subject to and together with a 6m (19.68') wide sanitary sewer easement. The severed land will be developed with a single family dwelling, and the retained land, which has a width of approximately 35.2m (106.62') and an area of approximately 2,165 sq. m. (23,304.628 sq. ft.) will contain the existing single family dwelling. The Committee considered the report of the Development and Technical Services Department, dated November 16, 2006 advising the subject property is located at 117 Evenstone Ave, within the Doon South Community located in south Kitchener. The property is located on the southern side of Evenstone Avenue adjacent to a Grand River Conservation Authority identified wetland. The subject property has a frontage of 68.4 meters and a site area of 3385 m2. The property is surrounded by low-rise residential land uses and draft approved plan of subdivision 30T-92009 to the north and proposed plan of subdivision 30T-04208 located to the southeast. The property currently contains a single family home on private septic and municipal water. The subject property is designated "Low Rise Residential" in the Municipal Plan and is zoned Residential Two Zone (R-2). COMMITTEE OF ADJUSTMENT 206 NOVEMBER 21, 2006 1. Submission No.: B 2006-054 tCont'd) The applicant is requesting approval to sever one new residential lot on the eastern side of the property adjacent to the wetland. The proposed lot to be severed has an area of 1220 m2 in size and will have a street frontage of 33.3 meters on Evenstone Ave. The retained lands will be 2165m2 in size with a street frontage of 35.2 metres, also on Evenstone Ave. The applicant is proposing to provide an easement along the eastern side of the retained lands and across the rear of the severed lands for a future gravity sewer intended to service proposed plan of subdivision 30T-04208. 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 proposed uses of both the severed and retained parcels for residential purposes 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 will be serviced with independent and adequate service connections to municipal services. The lands will be serviced by municipal sanitary services at such time as the gravity sewer is extended from the residential subdivision from the south. The subject property is currently designated as Low Rise Residential in the Official Plan and zoned Residential Two Zone in Zoning by-law 85-1. The proposed lot to be severed and the lot to be retained would conform to the requirements of Zoning By-law 85. The applicant is proposing to use the newly severed lot for the purpose of a single family dwelling. Concern was raised by both City staff and the Grand River Conservation Authority with respect to providing interim septic systems on both the retained and severed lands prior to the extension of the gravity sewer from the residential lands to the south. As such staff feel that both lots must be serviced by municipal sanitary services prior to the creation of the newly severed lot. This will require the approval of the easement to be located along the eastern side of the retained lands and across the rear of the severed lands. Based on the foregoing, Planning staff recommends that the application be approved, subject to certain conditions. Engineering Services has advised that there does not appear to be enough lot area to accommodate an interim septic system on the proposed severed parcel of land. It is not known where the septic system is on the lands to be retained and whether this would be located solely on the lands to be retained. The only means to service the lands are at such time as the gravity sewer is extended from Draft Plan 30T-04208 through to its outlet. Engineering Services has advised that as septic does not appear to be an option, the lots must be serviced with municipal sanitary services. The Building Division has no objections to the proposed consent provided the following: that the owner shall submit for the review of the City's Chief Building Official, a geotechnical investigation completed by a professional engineer, confirming the suitability of the severed lot for a private in-ground sewage disposal system. This report shall include the location of the existing sewage system to the proposed property line(s). When the new sanitary sewer is extended to these two properties the owners shall obtain permits for disconnecting from septic and connecting to municipal sanitary service from the Building Division. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated November 17, 2006 advising the purpose of this application is to sever a 1,220 m2 (13,132.4 ft.2) parcel of land with 33.3 m (109.25 ft.) of frontage on Evenstone Avenue in order to create a new lot for the future construction of a single family dwelling. The retained would become 2,165 m2 (23,304.628 ft.2) in area with 35.2 m (106.62 ft.) of frontage on Evenstone Avenue and currently contain an existing single family dwelling. The applicant is also proposing to sever the new lot subject to and together with a 6 m (19.68 ft.) wide sanitary sewer easement. COMMITTEE OF ADJUSTMENT 207 NOVEMBER 21, 2006 1. Submission No.: B 2006-054 tCont'd) Section 10.2.1.1 of the Regional Official Policies Plan (ROPP) outlines the hierarchy for wastewater servicing options to be used when evaluating development applications within the Region. The feasibility of these options is to be considered in the following order: a) extension of services from a centralized wastewater treatment facility; b) extension of servicing from an existing communal wastewater treatment system; c) the development of a new communal wastewater treatment system; or d) individual wastewater treatment systems. The Region will not support any new lots on private services in currently serviced areas and would prefer not to see any new lots on private services in planned urban areas. Therefore, the Region refers this consent application to the City of Kitchener to confirm that there are no feasible options available for municipal servicing. If no feasible options are available, the Region's Public Health Department will have to review this application to ensure that any proposed private sewage system is designed and constructed in such a manner as to not pose a threat to existing or future private water supply wells and does not pose a threat to public health. In summary, Regional staff is recommending that this application be deferred until confirmation from the City of Kitchener has been received regarding municipal servicing options. The Committee noted the comments of the Grand River Conservation Authority dated November 6, 2006 advising they has no objection to the above noted application. The property is regulated due to its proximity to the Provincially Significant Strasburg Creek Wetland Complex. Any development on either the retained or severed parcel will require prior written approval from the Grand River Conservation Authority (GRCA). However, should the applicant wish to extend the building envelop into the 30 metre wetland buffer; a Scoped Environmental Impact Study (EIS) will be required to justify the encroachment. The Committee noted the comments of the Kitchener-Wilmot Hydro dated November 13, 2006 advising that the applicant must make satisfactory arrangements for the provision of electrical servicing to the lands to be severed before the severances are granted; that the applicant make arrangements for the granting of any easements before the severances are granted. Mr. Aston provided the Committee with a revised plan showing the preferred sanitary sewer easement, identified with a blue line on the plan. Also, the proposed building envelopes shown on the plan are acceptable to the Grand River Conservation Authority. Mr. & Mrs. Stumpf have agreed to allow the easement subject to approval of the severance. Mr. Aston then questioned condition #3 in the Development and Technical Services Department report, stating that the sewer easement must be a municipal easement. With respect to condition #4, he asked if the City would consider financial arrangements. Finally, respecting condition #5 requiring such things as boulevard landscaping, Mr. Aston requested that he retained land be deleted from this condition, as there is already a driveway opening and trees, and he wants consistency with other lots on the street. Ms. Malone-Wright commented that the City has concerns about creating a new lot in advance of the servicing. Staff are not aware of the location of existing septic system for the existing house. If the severed lot is created before the municipal services are available, the City would not know if the retained land can function. With respect to condition #5, this is a standard condition, and staff will take existing circumstances into consideration when they fulfill this condition. The Committee members generally agreed that condition #4 could be looked after through an agreement provided it is completed prior to deed endorsement. COMMITTEE OF ADJUSTMENT 208 NOVEMBER 21, 2006 1. Submission No.: B 2006-054 tCont'd) Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of William & Gloria Stumpf requesting permission to convey a parcel of land having a width on Evenstone Avenue of 33.3 m (109.25'), having a triangular shape, and having an area of 1,220 sq. m. (13,132.4 sq. ft.); and a 6m (19.68') wide sanitary sewer easement over parts of the severed and retained land, in favour of the City of Kitchener (as shown on the sketch submitted with this application), on Parts of Lot 5, Registered Plan 1284, 117 Evenstone Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the land to be severed, including any easements required by Kitchener-Wilmot Hydro Inc. 2. That Draft Plan of Subdivision 30T-04208 shall be draft approved with conditions to ensure that the sanitary sewer will be extended from the proposed residential subdivision to the south, through 117 Evenstone Avenue to its outlet, in order to be able to provide municipal sanitary service to both the proposed severed and retained lands. 3. That the owner shall grant a sanitary sewer easement to the City of Kitchener, as identified on the severance sketch submitted with this application, to the satisfaction of the City's Engineering Services, for extension of the sanitary sewer from Draft Plan of Subdivision 30T-04208, through 117 Evenstone Avenue to its outlet. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the retained and severed lands: such that the owner agrees to make financial arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections (municipal water, storm and sanitary sewers) for the severed and retained lands; on the understanding that the financial arrangements for new municipal sanitary service to the retained and severed lands will occur at such time as the sanitary sewer has been extended from Draft Plan of Subdivision 30T-04208, through the subject lands, and to satisfy this condition with respect to servicing the severed and retained lands prior to the endorsement of severance documents for registration. 5. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of boulevard landscaping including street trees and a paved driveway ramp, to City standards, recognizing the existing streetscape. 6. 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. 7. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 8. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment 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. COMMITTEE OF ADJUSTMENT 209 NOVEMBER 21, 2006 Submission No.: B 2006-054 tCont'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 November 21, 2008. Carried. 2. Submission No.: B 2006-055 Applicant: Lara & Milan Kovacevic Property Location: 58 Daniel Avenue Legal Description: Part Lot 9. Registered Plan 675 Appearances: In Support: Mr. M. Kovacevic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land for future residential development, to have a width on Daniel Avenue of 36.658m (120.26') by a depth of 30.614m (100.43'), and an area of 1,122.25 sq. m. (12,080.19 sq. ft.). The retained land will contain the existing duplex, and have a width on Daniel Avenue of 19.73 m (64.73') a depth of 30.53m (100.16') and an area of 602.36 sq. m. (6,483.96 sq. ft.). The Committee considered the report of the Development and Technical Services Department dated November 9, 2006 advising the subject property is located at 58 Daniel Ave, within the Bridgeport Planning Community. The property has a frontage of 56.4 meters on Daniel Avenue and a site area of 1,724 m2. Sylvia Park abuts the subject property to the west and residential uses abut the property to the north, south and across the street to the east. There are a limited number of industrial uses in close proximity to the subject site. The property currently contains a duplex which was constructed in 1962. The subject property is designated "Low Rise Residential" in the Municipal Plan and is zoned Residential Three Zone (R-3). Currently, the subject property and the lands in the Bridgeport Community are subject to the Bridgeport North Development Freeze. The applicant is requesting consent to sever the southerly portion of the subject property to create one new lot adjacent to 66 Daniel Avenue. The proposed use of the lot to be severed is residential. The severed lot would have a street frontage of 36.7 meters on Daniel Avenue and would be 1,122 m2 in size. The retained lands would have a street frontage of 19.7 metres on Daniel Ave and would be 602 m2 in area and continue to contain the existing dwelling. COMMITTEE OF ADJUSTMENT 210 NOVEMBER 21, 2006 2. Submission No.: B 2006-055 tCont'd) Due to the development freeze in the Bridgeport Community, the proposed severed parcel of land cannot be developed with new residential uses until such time as the necessary transportation improvements are in place to the satisfaction of the Region of Waterloo. The Region of Waterloo has advised that an agreement registered on title to the subject property is not a sufficient mechanism to withhold a building permit for the severed parcel of land. The Region of Waterloo has advised that they cannot support the application for severance until a zone change to add a holding provision to prohibit development is approved. Planning staff concur with this recommendation. Aholding provision on the "R- 3" zoning of the subject property would prohibit the issuance of a building permit for the severed parcel of land until such time as the as the Lancaster Street and Bridge Street road improvements are in place to the satisfaction of the Region of Waterloo. Based on the foregoing, Planning staff recommends that the application be deferred until such time as a Zone Change application is submitted and approved by the City of Kitchener. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated November 16, 2006 advising the purpose of this application is to sever a 1,122.25 m2(12,080.19 ft.2) parcel of land with 36.658 m (120.26 ft.) of frontage on Daniel Avenue in order to create a new lot for future residential development. The retained would become 602.36 m2 (6,483.96 ft2) in area with 19.37 m (64.73 ft) of frontage on Daniel Avenue and contains an existing duplex residential dwelling. The subject property is located within the Bridgeport area as it relates to the ongoing Bridge Street Study. There is currently a hold on development within this area and as such, staff cannot support this application at this time. Staff understands that the applicant has intentions to apply for a zone change on the remainder of the property (without the house). The Region suggests that the consent application be deferred until the zone change is approved subject to a holding provision to restrict development (including any additional residences) and until such times as the Region is satisfied that the necessary road improvements are in place. In summary, Regional staff is recommending that this application be deferred. Mr. Britton spoke of the correspondence received from the Region of Waterloo concerning the freeze on development in the Bridgeport area. Mr. Kovacevic responded that the purpose of this application is to sever the existing house from the remainder of the land so as to sell it, and thereby aid the financial burden. He will then leave development of the vacant severed land until he is allowed to build. Mr. Kovacevic advised he has had extensive discussions with the Region on this proposal, and he thought they were supportive of his proposal; otherwise he would not have made this application. He advised that he is willing to register an agreement on title that he will not develop the vacant land until the bridge scenario is dealt with. It was generally agreed by the Committee members that consideration of this application be deferred until January 16, 2007, to allow the applicant to work with City and Regional Planning staff respecting the development freeze in the Bridgeport area. The Chair directed that Regional staff be invited to attend the January meeting, and that an assessment of the traffic situation be provided. 3. Submission No.: B 2006-056 Applicant: Siekmann Capital Inc. Property Location: 353 Manitou Drive Legal Description: Part 4, Reference Plan 58R-12584 Appearances: In Support: Mr. F. Flewwelling COMMITTEE OF ADJUSTMENT 211 NOVEMBER 21, 2006 3. Submission No.: B 2006-056 tCont'd) Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a new industrial lot to have a width on Manitou Drive of 72.1 m (236.54'), by a depth of 196m (643.04') and an area of 2.15ha (5.31 ac.). The retained land will contain the existing manufacturing building, and have a width on Manitou Drive of 114.1 m (374.34') by a depth of 304.5 m (999') and an area of 3.52 ha (8.69 ac.). The Committee noted the comments of the Development & Technical Services Department dated November 15, 2006 advising the subject property is located on the west side of Manitou Drive, between Sasaga Drive and Cayuga Drive. Surrounding land uses include a variety of industrial business, and a rail line at the rear of the property. Budd Park is located on the opposite side of the rail line. The municipal address for the property is 353 Manitou Drive. The subject property has frontage on both Manitou Drive and Sasaga Drive. The site currently contains a large industrial building located on the southern portion of the property. The applicant is proposing to sever a large industrial lot from the existing property. 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 proposed uses of both the severed and retained parcels for industrial purposes 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 subject property is currently designated as Heavy Industrial in the Official Plan and zoned M4-49R, 35U in Zoning by-law 85-1. The proposed two lots to be severed and the lot to be retained would conform to the requirements of Zoning by-law 85-1. The severance of an industrial lot will alter the way in which the site is used. The applicant will be required to provide a revised site plan which shows revised on-site truck movement to the satisfaction of the Director of Planning. This will ensure that the site functions without the existing access located on Sasaga Drive. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated November 16, 2006 advising the purpose of this application is to sever a 2.15 ha (5.31 ac) parcel of land with 72.1 m (236.54 ft) of frontage on Manitou Drive in order to create a new lot for industrial purposes. The retained land would become 3.52 ha (8.69 ac) in area with 114.1 m (374.34 ft) of frontage on Manitou Drive and contains an existing manufacturing building. With access being available to Sasaga Drive, Regional staff will not permit access to Manitou Drive for the severed lands. A lot grading plan and storm water management report will be required at the site plan stage for the severed lands. The Region's "Protocol For The Review Of Development Applications On Or Adjacent To Lands Which Are Known, Suspected Or Potentially Contaminated" approved by Regional Council on May 28, 1997 outlines that the granting of provisional consent, by the Committee of Adjustment, on or adjacent to a known or suspected site will be required to complete a Record of Site Condition, acknowledged by the MOE. The Region's contaminated sites database identifies the subject property as being of suspected contamination. It is our understanding that a Record of Site condition was done for theses lands in May of 2000. Regional Staff do not know if the contamination suspected on site would pose a health or safety risk. As the subject lands are located within a Regional wellfield, the Regional Municipality of Waterloo has a direct corporate interest which would result in the Region requesting a current Record of Site Condition imposed on its behalf. Therefore a current Record of Site Condition will be required. COMMITTEE OF ADJUSTMENT 212 NOVEMBER 21, 2006 3. Submission No.: B 2006-056 tCont'd) In summary, Regional staff has no objections to this application subject to the following: 1) That prior to final approval, the owner completes a Record of Site Condition in accordance with Ontario Regulation 153/04. In the event the Record of Site Condition is audited, the Regional Municipality of Waterloo must be advised by the Ministry of the Environment that the requirements of an audit, if any, are completed to the satisfaction of the Ministry of the Environment. The Committee noted the comments of the Kitchener-Wilmot Hydro dated November 13, 2006 advising that the applicant must make satisfactory arrangements for the provision of electrical servicing to the lands to be severed before the severances are granted; that the applicant make arrangements for the granting of any easements before the severances are granted. With respect to condition #4 as requested in the Development and Technical Services Department report, Mr. Flewwelling provided the Committee members with a plan showing that there is ample land for truck turning. With respect to the request of the Region of Waterloo for a Record of Site Condition, Mr.Flewwelling stated he did not think this site had been developed before, and the owner is willing to satisfy the Region's requested condition. Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Siekmann Capital Inc. requesting permission to convey a parcel of land having a width on Manitou Drive of 72.1 m (236.54'), by a depth of 196m (643.04') and an area of 2.15 ha (5.31 ac), on Part 4, Reference Plan 58R-12584, 353 Manitou Drive, 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 charges. 2. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment 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. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 2% of the value of the lands to be severed. 4. That the owner shall complete a Record of Site Condition in accordance with Ontario Regulation 153/04, and in the event the Record of Site Condition is audited, the Regional Municipality of Waterloo must be advised by the Ministry of the Environment that the requirements of an audit, if any, are completed to the satisfaction of the Ministry of the Environment. 5. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that maybe required by Kitchener-Wilmot Hydro Inc. COMMITTEE OF ADJUSTMENT 213 NOVEMBER 21, 2006 3. Submission No.: B 2006-056 tCont'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 November 21, 2008. Carried 4. Submission No.: B 2006-057 Applicant: The Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario Property Location: 35A & 35B Weber Street West Legal Description: Part Lots 1-5 and Part Lot 7, Plan 401, and Part 1, Reference Plan 58R-8060 except Part 3, Reference Plan 58R-8060 & Parts 1 & 2, Reference Plan 58R-9858 & Parts 2 - 5, 7 & 8, Reference Plan 58R-14836 Appearances: In Support: Ms. C. Brohman Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to give a lease in excess of 21 years to the Waterloo Catholic District School Board for land at the corner of Weber Street and Ontario Street. The Committee considered the report of the Development and Technical Services Department, dated November 15, 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 November 16, 2006 advising they have no objections to this application. Ms. Brohman advised the purpose of this application is to gain approval for a head lease for the Waterloo Catholic District School Board and asub-lease for the Downtown Community Centre and these leases will last for 49 years. COMMITTEE OF ADJUSTMENT 214 NOVEMBER 21, 2006 4. Submission No.: B 2006-057tCont'd) Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That the application of the Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario requesting permission for a head lease in excess of 21 years to the Waterloo Catholic District School Board and asub-lease in excess of 21 years for the City of Kitchener Downtown Community Centre, on Part Lots 1-5 and Part Lot 7, Plan 401, and Part 1, Reference Plan 58R-8060 except Part 3, Reference Plan 58R-8060 & Parts 1 & 2, Reference Plan 58R-9858 & Parts 2 - 5, 7 & 8, Reference Plan 58R-14836, 35A & 35B Weber Street West, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Micro-station) format, as well as two full size paper copies of the plan(s). The digital file must be submitted in accordance with 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 November 21, 2008. Carried 5. Submission Nos.: B 2006-063 to B 2006-064 Applicant: Dragan & Mary Cikic Property Location: 65 Fifth Avenue Legal Description: Part Block G, Registered Plan 254, being Part 2, Reference Plan 58R-6944 Appearances: In Support: Mrs. M. Cikic Mr. L Paroski Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 2 lots to be developed with single family dwellings: one lot to have a width on Fifth Avenue of 10.545m (34.6') by a depth of 50.393m (165.33') and an area of 531.5 sq. m (5,721.2 sq. ft.). The second lot to have a width on Fifth Avenue of 11.887m (39') by a depth of 50.364m (165.23') and an area of 598.8 sq. m. (6,445.6 sq. ft.). The retained land will contain a single family dwelling and have a width on Fifth Avenue of 14.136m (46.37'), a depth of 50.418m (165.4') and an area of 706.5 sq. m. (7,604.95 sq. ft.). COMMITTEE OF ADJUSTMENT 215 NOVEMBER 21, 2006 5. Submission Nos.: B 2006-063 to B 2006-064 tCont'd) The Committee considered the report of the Development and Technical Services Department, dated November 15, 2006 advising the subject property is located on the east side of Fifth Avenue, midway between Kingsway Drive and Connaught Street. The municipal address for the property is 65 Fifth Avenue. The site currently contains a church building located on the northern side of the property. The applicant is proposing to sever two residential lots from the existing property and use the existing church building as a single-family dwelling. 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 proposed uses of both the severed and retained parcels for residential purposes 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 subject property is currently designated as Low Rise Residential in the Official Plan and zoned (11-93R) Institutional Zone and (R4) Residential Four Zone in Zoning by-law 85-1. The proposed two lots to be severed and the lot to be retained would conform to the requirements of Zoning by-law 85. The applicant is proposing to use the newly severed lots for the purpose of single family dwellings. Building permits for both the conversion of the existing church building and the newly created dwellings will be required. Although the Provincial Policy Statement calls for "accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs"; the loss of future institutional uses on the site can be justified on a local road due to the close proximity of Kingsway Drive which is zoned for Arterial Commercial. The Arterial Commercial permits a wide variety of uses. Properties located on nearby Connaught Avenue and Eighth Avenue are also zoned "Institutional". The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services dated November 16, 2006 advising they have no objections to this application. Submission No. B 2006-063 Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Dragan & Mary Cikic requesting permission to convey a lot having a width on Fifth Avenue of 10.545m (34.6') by a depth of 50.393m (165.33') and an area of 531.5 sq. m. (5,721.2 sq. ft.) on Part Block G, Registered Plan 254, being Part of Part 2, Reference Plan 58R-6944, 65 Fifth Avenue, Kitchener, BE GRANTED, subject to the following conditions: 1. That the owner shall obtain the necessary building permit to permit the church building on the retained lands to be used as a single detached dwelling. 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 of the Committee of Adjustment 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 in accordance with to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 216 NOVEMBER 21, 2006 5. Submission Nos.: B 2006-063 to B 2006-064 tCont'd) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained lands. 5. 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 and the retained lands if required. 6. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as maybe required, to the satisfaction of the appropriate City department. 7. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 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 November 21, 2008. Carried Submission No. B 2006-064 Moved by Mr. Z. Janecki Seconded by Mr. B. Isaac That the application of Dragan & Mary Cikic requesting permission to convey a lot with a width on Fifth Avenue of 11.887m (39') by a depth of 50.364m (165.23') and an area of 598.8 sq. m. (6,445.6 sq. ft.), on Part Block G, Registered Plan 254, being Part of Part 2, Reference Plan 58R-6944, 65 Fifth Avenue, Kitchener, BE GRANTED, subject to the following conditions: 1. That the owners shall obtain the necessary building permit to permit the church building on the retained lands to be used as a single detached dwelling. 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 of the Committee of Adjustment 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 in accordance with the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 217 NOVEMBER 21, 2006 5. Submission Nos.: B 2006-063 to B 2006-064 tCont'd) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained lands. 5. 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 and retained lands if required. 6. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as maybe required, to the satisfaction of the appropriate City department. 7. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 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 November 21, 2008. Carried MINOR VARIANCE & CONSENT 1. Submission Nos.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 Applicant: Bungamina Investments Property Location: New Dundee Road, corner lot, Pinnacle Drive Legal Description: Part Lot 8, Parts 1 & 2, Reference Plan 58R-9206, Old Beasley's Survey Appearances: In Support: Mr. M. Guerreiro Contra: None Written Submissions: None Based on the reports of the City's Development and Technical Services Department and the Region's Planning, Housing & Community Services, the Committee agreed to defer its consideration of these applications until such time as a geo-technical investigation has been submitted and reviewed. COMMITTEE OF ADJUSTMENT 218 NOVEMBER 21, 2006 ADJOURNMENT On motion, the meeting adjourned at 1:05 p.m. Dated at the City of Kitchener this 21st day of November 2006. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment