HomeMy WebLinkAboutAdjustment - 2007-02-20MINUTES OF THE REGULAR MEETING HELD FEBRUARY 20, 2007
OFFICIALS PRESENT:
von Westerholt, Senior Planner, Mr. R. Parent, Traffic &
Parking Analyst, Mr. B. Cronkite, Traffic Technologist,
Gilchrist, Secretary -Treasurer, and Ms. R. Brent, Assistant Secretary=
Tre;2-,surer.
Mr. D. Cybalski, Chair, called this meeting to order at 9:40 a.m.
MINUTES
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the minutes of the regular meeting of the Committee of Adjustment, of January 16, 2007 as
mailed to the members, be adopted.
Carried
UNFINISHED BUSINESS
Submission No.: B 2007-001
Applicant: Paljo & Maria Markus
Property Location: 92 West Acres Crescent
Legal Description: Part Lot 6, Registered Plan 864, being Parts 7 & 85
Reference Plan 58R-5823
In Support: Ms. M. Markus
Contra: None
The Committee was advised that the applicant is requesting permission to sever a parcel
of land having a width of 17.56m (57-63') by a depth of 46.64m (153.04') and an area o�
0.081 ha (0.202 acres), which is proposed to be developed with a single family dwelling.
The retained land will have a width of 22.66m (74.36') by a depth of approximately 46.32m
and will contain the existing single family dwelling.
The Committee considered the report of the Development and Technical Services
Department, dated February 6, 2007, in which they advise that the subject property
municipally known as 92 West Acres is located on the east side of the street and currently
contains a single detached dwelling on the northern half of the property. The land is
designated 'Low Rise Residential' in the City's Municipal Plan and are zoned 'Residential
Four (R-4)' in the City of Kitchener I s Zoning By-law 85-1. The property has a total area of
1868.23M2 with a total frontage of 40.24 m along West Acres Crescent.
The applicant has submitted as Application for Consent to sever a parcel having an area
of 81 5.95M2 , with a frontage of 17.57 m and to retain the balance of lands containing the
existing residence. This application was considered by the Committee of Adjustment on
January 16, 2007, when it was deferred to determine the ownership of trees located on
COMMITTEE OF ADJUSTMENT 7 FEBRUARY 20, 2007
the property and to assess any impacts that the development of the severed land may
have on the existing trees.
Since the January meeting, the applicants have been in contact with Municipal Staff and
have also retained an Arborist to assess the impact of the new development on the trees
located on the proposed severed lands. The owner of the adjacent lands has also been
contacted regarding the ownership of the trees in question. The report from the Arborist
concluded that development could occur and by taking certain measures at preservation,
impacts to the trees could be minimized.
With respect to the criteria for the subdivision of land listed in Section 59 (24) of the
Planning Act, R.S.O. 1990, c.P. 13, the uses • •• the severed and •• •. 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 are currently
serviced with independent and adequate service connections to municipal services. Also,
the resultant lots will be compatible in size with the lots in the surrounding area.
As the Application for Consent is consistent with the Provincial Policy Statements issued
under Subsection 3(1) of the Planning Act, conforms to both the Places to Grow
Legislation with respect to intensification, and the Municipal Plan and Zoning By-law,
Planning Staff recommends that the application be approved as submitted.
•• • the foregoing, Planning staff recommends that application B2007-001 •-
approved subject to the following conditions:
1 . That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the severed lands which
shall
•• the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed lands
in accordance with the City of Kitchener's Tree Management Policy, to be
approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of
a proposed building envelope/work zone, landscaped are and vegetation to
be preserved. The Tree Preservation Plan as well as any recommendations
related to pruning, removals and compensation plantings are to be
•• • a Certified Arborist.
b) The applicant is to provide written confirmation to the City's Director of
Planning that the adjacent property owner is in agreement with the
compensation measures and tree impacts noted in the approved Tree
Preservation Plan prior to building permit release (as per the
correspondence from .• Krawczyk dated January 18 1852007).
c) Confirmation of all removals, pruning and installation of all compensation
plantings noted in the approved Tree Preservation Plan shall be confirmed in
writing to the City's Director of Planning by the Consulting Arborist prior to a
building permit being granted for the property. If due to environmental
conditions, the compensation plantings cannot be installed prior to building
permit release, written confirmation of their installation as per the approved
Tree Preservation Plan shall be provided in writing to the City's Director of
Planning by the Consulting Arborist in the next growing season.
The owner further agrees to implement the approved Tree Preservation
Plan. No changes to the said plan shall be granted except with the prior
approval • the City's Director • Planning.
COMMITTEE OF ADJUSTMENT 8 FEBRUARY 20, 2001
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
3. That the owner make financial arrangements to the satisfaction of th-
• ••
evered lands.
Jr. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed
lands.
5. That satisfactory arrangements be made with the City of Kitchener for the payment
of any outstanding Municipal property taxes and/or local improvement charges.
6. That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in dwg (AutoCad) or Agn (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 January 8, 2007 advising they have no objections to this
application.
The Committee considered correspondence from Kitchener -Wilmot Hydro Inc., dated
December 21, 2006 advising that the applicant must make satisfactory arrangements for
the provision of electrical servicing to the lands to be retained and severed before the
severances are granted, including any easements required by them.
Ms. Markus advised that the last time this application came before this Committee there
was a concern about preservation of the trees between the severed land and the
neighbour. Since that time, they have spoken with the neighbours and had an arborist
prepare a report.
ITIs. J. von
provided his report. In this report he advised that the trees are healthy and are of a variety
that will withstand some disruption, provided that common practices are used, and he also
recommended some fencing. She noted conditions have been requested to support the
trees.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Paljo & Maria ITIarkus requesting permission to sever a parcel of land
having a width of 17.56m (57.63') by a depth of 46.64m (153.04') •and an •area •of 0.081 ha
(0.202 acres) on Part Lot 6, Registered Plan 864, being Parts 7 & 8, Reference Plan 58R-
58235 92 West Acres Crescent, Kitchener, Ontario, BE GRANTED, subject to the following
condons:
That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the severed lands that shall
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed lands
in accordance with the City of Kitchener's Tree Management Policy, to be
approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of
COMMITTEE OF ADJUSTMENT 9 FEBRUARY 20, 2001
a proposed building envelope/work zone, landscaped are and vegetation to
be preserved. The Tree Preservation Plan as well as any recommendations
related to pruning, removals and compensation plantings are to be
•• • a Certified Arborist.
b) That the applicant shall provide written confirmation to the City's Director of
Planning that the adjacent property owner is in agreement with the
compensation measures and tree impacts noted in the approved Tree
Preservation Plan prior to building permit release (as per the
correspondence from Wladyslaw Krawczyk dated January 18 1852007).
c) Confirmation of all removals, pruning and installation of all compensation
plantings noted in the approved Tree Preservation Plan shall be confirmed in
writing to the City's Director of Planning by the Consulting Arborist prior to a
building permit being granted for the property. If due to environmental
conditions, the compensation plantings cannot be installed prior to building
permit release, written confirmation of their installation as per the approved
Tree Preservation Plan shall be provided in writing to the City's Director of
Planning by the Consulting Arborist in the next growing season.
The owner further agrees to implement the approved Tree Preservation
Plan. No changes to the said plan shall be granted except with the prior
approval • the City's Director • Planning.
2. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
3. That
• • shall make financial arrangements to the satisfaction • th-
• ••
evered •
Jr. That the
• shall make financial arrangements to the satisfaction • 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
•
5. That the owner shall make satisfactory arrangements with the City of Kitchener for
the payment of any outstanding Municipal property taxes and/or local improvement
charges.
6. That the owner shall provide the Secretary -Treasurer with a digital file of the
deposited reference plan(s) prepared by an Ontario Land Surveyor in dwg
(AutoCad) or Agn (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.
7. That the owner shall make arrangements satisfactory to Kitchener -Wilmot Hydro
Inc. for the provision of electrical servicing to the lands to be retained and severed,
including any easements required by Kitchener -Wilmot Hydro Inc.
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 10 FEBRUARY 20, 2001
'Submission No.: B 2007-001 (Cont'd)
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above -noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being February 20, 2009.
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, Richard Beasley's Old Survey
Appearances:
In Support: Mr. M. Guerreiro
Contra: None
Written Submissions: None
The Committee was advised that these applications relate to two parcels of land, one at
the northwest corner of New Dundee Road and Thomas Slee Drive (Pinnacle Drive), and
the abutting property to the west, known municipally as 398 New Dundee Road. The
vacant land at the corner of New Dundee Road and Thomas Slee Drive (Pinnacle Drive)
will be divided into 3 parcels of land, each with a frontage on Thomas Slee Drive (Pinnacle
Drive), and each will merge with additional land from the abutting property at 398 New
Dundee Road resulting in the following parcels of land:
0
as asTIT10FITT914", 11 � OR F. =@_ 0 1 F. "00 1
Depth:
66.35m (217.68')
Lot Area:
0.242ha. (0.597ac.).
2006-058 & B 2006-061 (Middle
Parcel:
.B
Width on Thomas Slee Drive: 30.5m (100.06')
Depth:
66.35m (217.68')
Lot Area:
0.202 ha. (0.498 ac.)
B 2006-059 & B 2006-062:
Width on Thomas Slee Drive: 30.5m (100-06')
Depth: 66.35m (217.68')
Lot Area: 0.202 ha. (0.498 ac.)
Each parcel is to be developed with a single family dwelling.
Through A 2006-091 to A 2006-093, the applicant is requesting permission for each newly
created lot to have a reduced lot area. The lot area requirement is 0.4 ha (0.998 ac);
whereas these new lots would have areas of 0.242 ha (0.597 ac) and 0.202 ha (0.498 ac)
The Committee considered the report of the Development and Technical Services
Department, dated February 6, 2007 advising the subject property municipally known as
398 New Dundee Road/Thomas Slee Drive (Pinnacle Drive) was considered at a
Committee of Adjustment Hearing on November 21, 2006, at which time the application
was deferred until such time as geo-technical reports evaluating the feasibility and
suitability of private septic systems on the proposed new lots and an assessment of any
COMMITTEE OF ADJUSTMENT 11 FEBRUARY 20, 2007
1 . Submission • B 2006-058 to B 2006-062
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COMMITTEE OF ADJUSTMENT 13 FEBRUARY 20, 200
1 . 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd) I
7. 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.
8. 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 Agn (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.
The Committee considered the report of the Region of Waterloo Planning Housing and
Community Services, dated November 17, 2006, in which they advise that these
applications relate to two parcels of land, one at the north west corner of New Dundee
Road and Thomas Slee Drive (Pinnacle Drive), and the abutting property to the west,
known municipally as 398 New Dundee Road. The purpose of applications B 2006-058
and B 2006-059 is to sever the vacant land in order to create two new lots each having an
area of 0.123 ha (0.32 ac) and having 30.5m (100.07') of frontage on Pinnacle Drive. The
retained would become 0.168 ha (0.42 ac) in area with 37.384m (122.65') of frontage on
Pinnacle Drive. The purpose of applications B 2006-060 to B 2006-062 is to sever off
three pieces of land from 398 New Dundee Road, approximately 0.7 ha (1 .73 ac) (B 2006-
060) and two measuring 0.651 ha (1.61 ac) in order to create 3 new lots for future
development of single family dwellings.
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 to not see any new lots on private services in planned urban areas.
Therefore, the Region refers these consent applications 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 these applications
to ensure that any proposed private sewage systems are designed and constructed in
such a manner as to not pose a threat to existing or future private water supply wells and
do not pose a threat to public health.
Other Regional issues include; that no access to the proposed lots will be permitted from
New Dundee Road, all access must be from Pinnacle Drive/Thomas Slee Drive and a lot
grading plan and stormwater management plan will be required at the site plan stage for
• •• •
In
• event that a satisfactory servicing •• is proposed, in addition to • ■•.
reviewing the applications and proposed private sewage systems, the Region would
•• the following:
1 That the owner prepare a Noise Study for the severed parcels, to the satisfaction of
the Regional Commissioner of Planning Housing and Community services, to
indicate to the Regional Municipality of Waterloo methods used to abate traffic
noise from Highway 401, New Dundee Road and Pinnacle Drive/Thomas Slee
Drive for the proposed new building lots and if necessary, shall enter into an
agreement with the City of Kitchener to provide for implementation of the approved
noise study attenuation measures prior to final approval.
COMMITTEE OF ADJUSTMENT 14 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
Mr. M. Guerreiro advised the Committee that he has applied for 5 severances and 3 minor
variances to create 3 new lots for residential development. Since these applications were
last before the Committee, he had a consultant prepare a geotechnical investigation for the
septic systems. He noted that there is municipal water available to these lots, but no
municipal sewer.
Regarding the report of the Region of Waterloo, Mr. Guerreiro advised that there has been
a lot of development in this area for which noise studies have not been done. He state
that he does not want to undergo the expense of a noise study, and he is willing to put a
noise warning clause on title. With regard to the City's request for the 5% cash -in -lieu of
parkland dedication, Mr. Guerreiro stated that this is an established area, and the cost is
substantial, so he doesn't want to have to pay this money.
The Committee generally agreed not to impose the requirement of a noise study, but to
impose those conditions that a noise study would reveal are required, such as a noise
warning clause, forced air ducted heating system, central air conditioning, triple glaze
windows, etc.
Submission No. B 2006-058
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission to convey a parcel of
land having a width on Pinnacle Drive (Thomas Slee Drive) of 30.5 m (100.06'), a depth of
approximately 45m (147.63') and having an area of approximately 0. 138 ha (0.34 ac), as a
lot addition to the land to be severed in Submission No. B 2006-061, on Part Lot 8,
Richard Beasley's Old Survey, Pinnacle Drive, Kitchener, Ontario, BE GRANTED, subject
to the following conditions:
1. That the owner shall receive final approval of Minor Variance Applications A2006-
091 to A2006-093.
2. 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 and/or retained) lot for a private in -ground sewage
disposal system.
3. That the lands to be severed shall be added to the abutting lands and title be taken
into identical ownership as the abutting lands; with any subsequent conveyance of
the parcel to be severed complying with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
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.
6. 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.
7. 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 15 FEBRUARY 20, 200
1 . 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd) I
8. 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 Agn (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.
9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydr#
Inc. for electrical servicing for the new lot to be created, including any easements
Kitchener -Wilmot Hydro Inc. may require.
10. That the owner shall enter into an agreement with the City of Kitchener, to •-
•. ••
eeated through Submission No.'s B 2006-058 to B 2006-062 inclusive, which
shall include the following:
a) That the owner shall construct any future dwellings on the 3 new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 with a forced
air ducted heating system and central air conditioning.
b) That the owner shall include the following clause in all future offers of
Purchase and Sale and all future rental agreements for the lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive:
"Due to its proximity to Aighway # 401, Rew Dundee Road and Thomas-,
Slee Drive, projected noise levels on this property exceed the Noise Lev
Objectives approved by the Regional Municipality of Waterloo and malm
cause concern to some individuals. Moreover, this dwelling has bee
fitted with a central air conditioning system." I
ren I W M U*T#= I
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 February 20, 2009.
The application of Bungamina Investments requesting permission to convey a parcel of
land having a frontage on Pinnacle Drive (Thomas Slee Drive) of 30.5 m (100-06') , a depth
of approximately 45 m (147.63') and having an area of approximately 0.138 ha (0.34 ac),
as a lot addition to the land to be severed in Submission No. B 2006-062, on Part Lot 8,
Richard Beasley's Old Survey, Pinnacle Drive, Kitchener, Ontario, BE GRANTED, subject
to the following conditions:
COMMITTEE OF ADJUSTMENT 16 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
1. That the owner shall receive final approval of Minor Variance Applications A2006-
091 to A2006-093.
2. 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 and/or retained) lot for a private in -ground sewage
disposal system.
3. That the lands to be severed shall be added to the abutting lands and title be taken
into identical ownership as the abutting lands; with any subsequent conveyance of
the parcel to be severed complying with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
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.
6. 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.
7. 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.
8. 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 Agn (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.
9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydro
Inc. for electrical servicing for the new lot to be created, including any easements
Kitchener -Wilmot Hydro Inc. may require.
10. 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 three new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive, which
shall include the following:
a) That the owner shall construct any future dwellings on the 3 new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 with a forced
air ducted heating system and central air conditioning.
b) That the owner shall include the following clause in all future offers of
Purchase and Sale and all future rental agreements for the lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive:
"Due to its proximity to Highway # 401, New Dundee Road and Thomai
Slee Drive, projected noise levels on this property exceed the Noise Lev
Objectives approved by the Regional Municipality of Waterloo and maj,*�
cause concern to some individuals. Moreover, this dwelling has bee
•• with a central air conditioning system." I
COMMITTEE OF ADJUSTMENT 17 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands
and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above -noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being February 20, 2009.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission to convey a parcel c
land having an irregular shape and having an area of approximately 0.07 ha (0. 17 ac), a.4
a lot addition to the land to be retained through Submission No.s B 2006-058 and B 2006
059, on Part Lot 8, Richard Beasley's Old Survey, 398 New Dundee Road, Kitchener
Ontario, BE GRANTED, subject to the following conditions:
1 . That the owner shall receive final approval of Minor Variance Applications A2006
091 to A2006-093.
2. That the owner shall submit, for the review of the City's Chief Building Official,
geotechnical investigation completed by a professional engineer confirming th(
suitability of the (severed and/or retained) lot for a private in -ground sewag(
disposal system.
3. That the lands to be severed shall be added to the abutting lands and title be takel
into identical ownership as the abutting lands; with any subsequent conveyance c
the parcel to be severed complying with Sections 50(3) and/or (5) of the Planniq
1990, c. P.1 3, as amended.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for parl
dedication equal to 5% of the value of the lands to be severed.
5. That the owner shall make financial arrangements to the satisfaction of the City',4
Engineering Services, for the installation of all new service connections to th(
severed lands.
6. That the owner shall make financial arrangements to the satisfaction of the City',4
Engineering Services for the installation, to City standards, of boulevar(
landscaping including street trees, and a paved driveway ramp, on the severe(
lands.
7. That the owner shall make satisfactory arrangements with the City of Kitchener fo
the payment of any outstanding Municipal property taxes and/or local improveme
charges. I
COMMITTEE OF ADJUSTMENT 18 FEBRUARY 20, 200
1 . 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd) I
8. 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 Agn (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.
9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydr#
Inc. for electrical servicing for the new lot to be created, including any easements
Kitchener -Wilmot Hydro Inc. may require.
10. 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 three new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive, which
shall include the following:
a) That the owner shall construct any future dwellings on the 3 new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 with a forced
air ducted heating system and central air conditioning.
b) That the owner shall include the following clause in all future offers of
Purchase and Sale and all future rental agreements for the lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive:
"Due to its proximity to Aighway # 401, Rew Dundee Road and Thomas-,
Slee Drive, projected noise levels on this property exceed the Noise Lev
Objectives approved by the Regional Municipality of Waterloo and malm
cause concern to some individuals. Moreover, this dwelling has bee
fitted with a central air conditioning system." I
ren I W M U*T#= I
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 February 20, 2009.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission to convey a parcel of
land having a width of 30.5 m (100-06), a depth of approximately 21.65 m (70') and having
an area of approximately 0.0651 ha (0. 16 ac) , to be conveyed as a lot addition to the land
to be severed in Submission No. B 2006-058, on Part Lot 8, Richard Beasley's Old
Survey, 398 New Dundee Road, Kitchener, Ontario, BE GRANTED, subject to the
following conditions:
COMMITTEE OF ADJUSTMENT 19 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
1. That the owner shall receive final approval of Minor Variance Applications A2006-
091 to A2006-093.
2. 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 and/or retained) lot for a private in -ground sewage
disposal system.
3. That the lands to be severed shall be added to the abutting lands and title be taken
into identical ownership as the abutting lands; with any subsequent conveyance of
the parcel to be severed complying with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
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.
6. 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.
7. 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.
8. 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 Agn (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.
9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydro
Inc. for electrical servicing for the new lot to be created, including any easements
Kitchener -Wilmot Hydro Inc. may require.
10. 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 three new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive, which
shall include the following:
a) That the owner shall construct any future dwellings on the 3 new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 with a forced
air ducted heating system and central air conditioning.
b) That the owner shall include the following clause in all future offers of
Purchase and Sale and all future rental agreements for the lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive:
"Due to its proximity to Highway # 401, New Dundee Road and Thomai
Slee Drive, projected noise levels on this property exceed the Noise Lev
Objectives approved by the Regional Municipality of Waterloo and maj,*�
cause concern to some individuals. Moreover, this dwelling has bee
•• with a central air conditioning system." I
COMMITTEE OF ADJUSTMENT 20 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands
and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above -noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being February 20, 2009.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission to convey a parcel c
land having a width of 30.5 m (100.06'), a depth of approximately 21.35 m (70') and havin(
an area of approximately 0.0651 ha (0-16 ac), to be conveyed as a lot addition to the Ian(
to be severed in Submission No. B 2006-059, on Part Lot 8, Richard Beasley's 01(
Survey, 398 New Dundee Road, Kitchener, Ontario, BE GRANTED, subject to th(
following conditions:
1 . That the owner shall receive final approval of Minor Variance Applications A 2006
091 to A 2006-093.
2. That the owner shall submit, for the review of the City's Chief Building Official,
geotechnical investigation completed by a professional engineer confirming th(
suitability of the (severed and/or retained) lot for a private in -ground sewag(
disposal system.
3. That the lands to be severed shall be added to the abutting lands and title be takel
into identical ownership as the abutting lands; with any subsequent conveyance c
the parcel to be severed complying with Sections 50(3) and/or (5) of the Planniq
1990, c. P.1 3, as amended.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for parl
dedication equal to 5% of the value of the lands to be severed.
5. That the owner shall make financial arrangements to the satisfaction of the City',4
Engineering Services, for the installation of all new service connections to th(
severed lands.
6. That the owner shall make financial arrangements to the satisfaction of the City',4
Engineering Services for the installation, to City standards, of boulevar(
landscaping including street trees, and a paved driveway ramp, on the severe
lands.
7. That the owner shall make satisfactory arrangements with the City of Kitchener fo
the payment of any outstanding Municipal property taxes and/or local improveme
charges.
COMMITTEE OF ADJUSTMENT 21 FEBRUARY 20, 200
1 . 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd) I
8. 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 Agn (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.
9. That the owner shall make satisfactory arrangements with Kitchener -Wilmot Hydr#
Inc. for electrical servicing for the new lot to be created, including any easements
Kitchener -Wilmot Hydro Inc. may require.
10. That the owner shall enter into an agreement with the City of Kitchener, to •-
•. ••
eeated through Submission No.'s B 2006-058 to B 2006-062 inclusive, which
shall include the following:
a) That the owner shall construct any future dwellings on the 3 new lots to be
created through Submission No.'s B 2006-058 to B 2006-062 with a forced
air ducted heating system and central air conditioning.
b) That the owner shall include the following clause in all future offers of
Purchase and Sale and all future rental agreements for the lots to be
created through Submission No.'s B 2006-058 to B 2006-062 inclusive:
"Due to its proximity to Aighway # 401, Rew Dundee Road and Thomas-,
Slee Drive, projected noise levels on this property exceed the Noise Lev
Objectives approved by the Regional Municipality of Waterloo and malm
cause concern to some individuals. Moreover, this dwelling has bee
fitted with a central air conditioning system." I
ren I W M U*T#= I
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 February 20, 2009.
The application of Bungamina Investments requesting permission for a newly created lot
to have a reduced lot area of 0.242 ha (0.597 ac) rather than the required lot area of 0.4
ha (0.998 ac), on Part Lot 8, Richard Beasley's Old Survey, New Dundee Road and
Pinnacle Drive/Thomas Slee Drive, Kitchener, Ontario, BE APPROVED.
COMMITTEE OF ADJUSTMENT 22 FEBRUARY 20, 2007
1 'Submission No.s.: B 2006-058 to B 2006-062 and A 2006-091 to A 2006-093 (Cont'd)
It is the opinion of this Committee that:
5111111WIRFIF. Mop
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 2006-092
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission for a newly created lot
to have a reduced lot area of 0.202 ha (0.498 ac) rather than the required lot area of 0.4
ha (0.998 ac), on Part Lot 8, Richard Beasley's Old Survey, New Dundee Road and
Pinnacle Drive/Thomas Slee Drive, 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
Submission No. A 2006-093
Moved by Mr. A. Head
Seconded by Mr. B. McColl
The application of Bungamina Investments requesting permission for a newly created lot
to have a reduced lot area of 0.202 ha (0.498 ac) rather than the required lot area of 0.4
ha (0.998 ac), on Part Lot 8, Richard Beasley's Old Survey, New Dundee Road and
Pinnacle Drive/Thomas Slee Drive, 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
COMMITTEE OF ADJUSTMENT 23 FEBRUARY 20, 2007
NEW BUSINESS
MINOR VARIANCE
Submission No.: A 2007-003
Applicant: Activa Holdings Inc.
Property Location: 25 Hackberry Street
Legal Description: Part Block 4, Registered Plan 58M-1 9 being Part 41
Reference Plan 58R-1 0906
W7007-27FT-FT =_
In Support: Ms. V. Schmidt
Contra: None
Departmentdated January 17, 2007, advising that the property at 25 Hackberry St. is a
single -detached residential dwelling zoned R-4, and located in the planning community of
Laurentian West. The applicant is requestina a minor variance to allow a side yard of
1.47m while the Zoning By-law 85-1 requires a minimum of 1.50m, and a minor variance
for a 7.58m lot width, whereas the Zoning By-law 85-1 requires a minimum lot width of
9.0m.
In considering the four tests for minor variances as outlined in Section 45(l) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following
r,omments.
The variances meet the intent of the Municipal Plan in that it maintains its low-rise
residential designation and is simply legalizing the lot width and side -yard setback.
The variances meet the intent of the zoning by-law for the following reasons. The purpose
of the side yard requirement is to maintain adequate space between the building and the
property line. The house has already been constructed and deviates 3 cm from this
requirement.
The intention of the minimum lot width requirement is to preserve neighbourhood
character. The house was built in 1998 when lot width requirement was 7.5m. In 2000 the
minimum lot width was increased to 9m in the R-4 zone. The original owner now wishes to
sell but the property has merged with the neighbouring lot. Therefore, before severances
can be granted, the variances must be legalized. The applicant's lot width was established
before the passing of current regulation and deviates only 1.42m from it.
The variances are minor in nature in that they only deviate .03m and 1.42m from By-law
85-1 respectively. Further, the variance is appropriate for the development and use of the
land in that no new construction is occurring on the site and the use of the property is not
changing. Planning staff recommends that the application be approved.
The Committee considered the report of the Region of Waterloo, Transportation Planner,
dated February 11 5 2007 advising that they have no concerns with this application.
Ms. V. Schmidt advised that they are in the middle of a part lot control process for this
property, and it has come to their attention that this property does not meet the current
zoning requirements. She advised that the property did comply with the zoning
requirements when it was constructed.
COMMITTEE OF ADJUSTMENT 24 FEBRUARY 20, 2007
'Submission No.: A 2007-003 (Cont'd)
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Activa Holdings Inc. requesting legalization of a lot having a width
of 7.58m (24.86') rather than the required 9m (29.52'), and a side yard on a single family
dwelling of 1.47m (4.82') rather than the required 1.5m (4.87'), on Part Block 4, Registered
Plan 58M-19 being Part 41, Reference Plan 58R-10906, 25 Hackberry Street, Kitchener,
Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor in nature.
111
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3. The general intent and purpose of the City of Kitchener Zoning By-law and
Municipal Plan is being maintained on the subject property.
2. Submission No.: A 2007-004
Applicant: Janus Homes Ltd.
Property Location: 680 Highland Road West
Legal Description: Block 74, Registered Plan 1623
Appearances:
In Support:
Contra:
Written Submissions:
Bauer
Ms. E. Meumier
Ms. D. Bauer
Ms. L. Finlay
The Committee was advised that the applicant requests permission to provide 31 parking
spaces for a proposed 25 unit multiple dwelling complex rather than the required 44
parking spaces.
The Committee considered the report of the Development and Technical Services
Department, dated January 22, 2007, advising the property at 680 Highland Road W is a
7,021 M2parcel zoned R-6 on the corner of Highland Road W and Fieldgate Street in the
planning community of Victoria Hills. The parcel is currently vacant and the applicant is
proposing to develop a 25 -unit multiple dwelling complex. The applicant is requesting a
minor variance to allow 31 parking spaces for a 25 -unit multiple dwelling complex whereas
Zoning By-law 85-1 requires a minimum of 44 spaces.
In considering the four tests for minor variances as outlined in Section 45(l) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following
r,omments.
The variance meets the intent of the fflunicipal Plan for the following reasons. The subject
property is designated Low Rise Residential by the Municipal Plan, which permits a full
range of housing types and favours the mixing and integration of housing. The proposed
25 multiple dwelling units are included in this list and would compliment nearby single -
detached dwellings, thus meeting the intent of the Municipal Plan.
COMMITTEE OF ADJUSTMENT 25 FEBRUARY 20, 2007
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COMMITTEE OF ADJUSTMENT 26 FEBRUARY 20, 2001
of F =*� Me Fm 0
That the application of Janus Homes Ltd. requesting permission to provide 31 parking
spaces for a proposed 25 unit multiple dwelling complex rather than the required 44
parking spaces, on Block 74, Registered Plan 1623, 680 Highland Road West, Kitchener,
Ontario, BE APPROVED, subject to the following condition:
1 That no storage of snow shall be permitted within the asphalt areas in the interior of
this development.
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.
Submission No.: B 2007-002
Applicant: Latif Fairovski
Property Location: 348 Weber Street West
Legal Description: Part Lots 7 & 8, Reciistered Plan 373
Even
Submission No.: B 2007-003
Applicant: 1684807 Ontario Ltd.
Property Location: 358 Weber Street West
Legal Description: Part Lots 7 & 8, Reciistered Plan 373
In Support: Mr. R. Saikunovic
Fairovski
Mr. A. Fairovski
Contra: None
The Committee was advised that through Submission No. B 2007-002, the applicant is
requesting permission to sever a parcel of land to have a width of 15.801 m (51.84') by a
depth of 64.44m (211.41') and an area of 981.3 sq. m. (10,562.97 sq, fQ, also to create a
right-of-way over the northerly 3.1 m (9.84') of the severed land to the benefit of the
abutting property municipally addressed as 358 Weber Street West. The severed land is
proposed to be developed with a 6 unit multiple dwelling. The retained land will have a
width of 19.202m (62.99'), a depth of 63.95m (209.8'), and an area of 1194.1 sq. m.
(12.853.6 sq. ft.), which will also be developed with a 6 unit multiple dwelling in addition to
the existing 5 unit multiple dwelling.
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COMMITTEE OF ADJUSTMENT 27 FEBRUARY 20, 2007
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Moved by Hir. A. Aead
Seconded by Mr. B. McColl
That the application of Latif Fairovski requesting permission to convey a parcel of land
having a width of 15.801 m (51.84') by a depth of 64.44m (211.41) and an area of 981.3
sq. m. (10,562.97 sq, ft), Subject to a right-of-way over the northerly 3.1 m (9.84') of the
severed land to the benefit of the abutting property municipally addressed as 358 Weber
Street West, and subject to an easement in favour of the retained land having a width of
1.524m (5) and a length of 10.988m (36.04') adjacent to the garage on the retained land,
on Lots 7 & 8, Registered Plan 373, 348 & 352 Weber Street West, Kitchener, Ontario, BE
GRANTED, subject to the following conditions:
1 . That the owner shall receive final approval of Submission No. B 2007-003.
2. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
COMMITTEE OF ADJUSTMENT 30 FEBRUARY 20, 2001
1. 'Submission Nos.: B 2007-002 & B 2007-003
3. That the owner shall remove the existing parking area on the proposed severed
lands, and shall ensure that the sufficient number of required parking spaces for the
existing multiple dwelling are provided for on the retained lands to the satisfaction of
the Director of Planning.
4. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed and retained lands.
5. 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.
6. 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.
7. 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 Agn (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.
8. That the owner shall enter into a maintenance agreement for the easement
adjacent to the garage on the retained land, to the satisfaction of the City Solicitor,
to be registered on title of both the severed and retained lands.
9. That the owner shall prepare a Noise Study to the satisfaction of the Regional
Commissioner of Planning, Housing and Community Services, to indicate to the
Regional Municipality of Waterloo methods to be used to abate traffic noise from
Weber Street West (Regional Road No. 8) for all proposed residential lots/unit, and
if necessary, shall enter into an agreement with the Regional Municipality of
Waterloo to provide for implementation of the approved noise study attenuation
measures.
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 February 20, 2009.
COMMITTEE OF ADJUSTMENT 31 FEBRUARY 20, 2001
Submission Nos.: B 2007-002 & B 2007-gO
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
That the application of 1684807 Ontario Ltd. requesting permission to create a right-of-way
over the southerly 3.1 m (9-84') of this property to the benefit of the land to be severed in
Submission No. B 2007-002, on Lots 7 & 8, Registered Plan 373, 358 Weber Street West,
Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the owner shall receive final approval of Submission No. B 2007-002.
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 provide the Secretary -Treasurer with a digital file of the deposited
reference plan(s) prepared by an Ontario Land Surveyor in dwg (AutoCad) or Agn
(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.
Jr. That the owner shall prepare a Noise Study to the satisfaction of the Regional
Commissioner of Planning, Housing and Community services, to indicate to the
Regional Municipality of Waterloo methods used to abate traffic noise from Weber
Street West (Regional Road No. 8) for all proposed residential lots/unit and if
necessary, shall enter into an agreement with the Regional Municipality of Waterloo
to provide for implementation of the approved noise study attenuation measures.
ren I W M U*T#= I
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 February 20, 2009.
2. Submission No.: B 2007-004
Applicant: Bill O'Neill
Property Location: 194 Fifth Avenue
Lecial Description: Lot 4, Reciistered Plan -706
In Support: Mr. B. O'Neill
Mr. S. O'Neill
Mr. V. Bhella
Contra: None
COMMITTEE OF ADJUSTMENT 32 FEBRUARY 20, 2007
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COMMITTEE OF ADJUSTMENT 33 FEBRUARY 20, 2007
2. 'Submission No.: B 2007-004 (Cont'd)
5. That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in dwg (AutoCad) or Agn (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 February 12, 2007, advising they have no objections to this
application.
Mr. O'Neill was in attendance to represent this application, and advised that he is in
support of the recommendation of staff.
With respect to Mr. McColl's concern about the proposed set back for the house on the
severed land, Ms. von Westerholt advised that staff are not concerned as long as it meets
the zoning requirements, noting this is an older, established area.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Bill O'Neill requesting permission to convey a parcel of land having
a width on Fifth Avenue of 11 m (36.08') by a depth of 40.23m (131.98') and an area of
442.53 sq. m. (4,763.5 sq. ft.), on Lot 4, Registered Plan 706, 194 Fifth Avenue,
Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the land to be severed.
2. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed and retained lands.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed
lands.
4. That the owner shall make satisfactory arrangements with the City of Kitchener for
the payment of any outstanding Municipal property taxes and/or local improvement
charges.
5. 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 Agn (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.
COMMITTEE OF ADJUSTMENT 34 FEBRUARY 20, 2007
•• 11111 i I 1• 1111, 111 11 1
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 February 20, 2009.
3. Submission No.: B 2007-005
Applicant: Marko Horvat
Property Location: 100- 102 Strange Street
Legal Description: Part Lot 484, Registered Plan 378
Appearances:
In Support: Mr. G. Keller
Mr. M. Horvat
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to separate 2
semi-detached dwelling units so that each can be dealt with separately. The severed land
will have a width of 9.943m (32.62') by a depth of 48.305m (158.48') and an area of 480
sq. m. (5,166.84sq. ft.). The retained land will have a width of 8.561 m (28.08') a depth of
48.305 m (158.48') and an area of 623.3 sq. m. (6,709.36 sq. ft.).
The Committee considered the report of the Development and Technical Services
Department, dated February 6, 2007, advising the subject property municipally known as
100 and 102 Strange Street is located on the east side of Strange Street between Cherry
Street and the CNR lands. Residential uses are located to the north and south of the
subject lands, Cherry Park is situated to the east, while St. John Elementary School is
located to the west on the opposite side of Strange St.
The semi-detached dwellings were constructed on the property in 2004. The applicant
has requested the consent to sever the semi-detached unit on the north half of the
property from the other semi-detached dwelling on the southern portion of the property. If
approved, this will facilitate the future individual sale and transfer of title to each of the
units.
The subject lands are designated 'Low Rise Residential' in the City's Municipal Plan and
are zoned 'Residential Five Zone (R5)' with a Special Provision 305 according to Zoning
By-law 85-1. Both the designation in the Municipal Plan and the zoning of the subject
property permits the semi-detached residential use of the subject lands. The Special
Provision prohibits second dwelling units within semi-detached residences and requires
that any part of the building used to accommodate off-street parking shall be located not
closer than 6.0 metres to the street line. From the aerial photography it would appear that
the subject lands are able to provide sufficient on site parking for both the severed and the
retained lands.
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 will be serviced
with independent and adequate service connections to municipal services. Also, the
resultant lots will be compatible in size with the lots in the surrounding area.
COMMITTEE OF ADJUSTMENT 35 FEBRUARY 20, 2001
•11111111 1111•111 11111 i I 1• 1111, 111 11 1
As the Application for Consent is consistent with the Provincial Policy Statements issued
under Subsection 3(l) of the Planning Act, and further, conforms to both the Places to
Grow Legislation with respect to intensification, and the Municipal Plan and Zoning By-law,
Planning Staff recommends that the application be approved subject to conditions:
That the owner make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
(severed lands and/or retained) lands.
2. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands.
3. That satisfactory arrangements be made with the City of Kitchener for the payment
of any outstanding Municipal property taxes and/or local improvement charges.
Jr. That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in dwg (AutoCad) or Agn (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 February 12, 2007, advising they have no objections to this
application provided the owner enter into an agreement with the City of Kitchener to
include the following warning clause on all offers of purchase and sale and all rental
agreements for the severed and retained property "Due to its proximity to the Goderich
Exeter Railway, projected noise levels on this property exceed the Noise Level Objectives
approved by the Regional Municipality of Waterloo and may cause concern to some
individu,zls
In response to the report from the Region of Waterloo, Mr. Keller advised that the railway
has been there for some years, and the semi-detached structure has already been built,
and is already connected to municipal services.
Me 1079 1 4
That the application of Marko Horvat requesting permission to convey a parcel of land
having a width of 9.943m (32.62') by a depth of 48.305m (158.48') and an area of 480 sq.
m. (5,166.84sq. ft.), on Part Lot 484, Registered Plan 378, 100 Strange Street, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
(severed lands and/or retained) lands.
2. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retzined 1�2,nds.
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.
COMMITTEE OF ADJUSTMENT 36 FEBRUARY 20, 2001
11111111 1111�111 11111 i I 1 1111, 111 11 1
Jr. 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 Agn (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.
5. That the owner shall enter into an agreement with the City of Kitchener to include
the following warning clause on all offers of purchase and sale and all rental
agreements for the severed and retained lands:
"Due to its proximity to the Goderich Exeter Railway, projected noise levels on this
property exceed the Noise Level Objectives approved by the Regional Municipality
#4 Waterloo and may cause concern to some individuals".
01MMUNT6=19401.3
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 February 20, 2009.
4. Submission • B 2007-006
Applicant: 589200 Ontario Inc.
Property Location: 17 & 19 Greenbrook Drive
Legal Description: Part Lots 25 & 29, Reciistered Plan 785
••• Mr. P. Santos
The Committee was advised that the applicant is requesting permission to separate two
townhouse dwelling units so that each may be dealt with separately. The land to be
severed will have a width of 5.55 m (18.2') by a depth of 37.71 m (123.72') and an area of
209.29 sq. m. (2,252.85 sq. ft.). The land to be retained will have a width of 5.55 m (18.2')
by a depth of 38.7 m (126.96') and an area of 374.64 sq. m. (4,032.72 sq. ft.).
The Committee considered the report of the Development and Technical Services
Department, dated February 2, 2007, advising the subject properties are located on the
south side of Greenbrook Drive near the intersection of Greenbrook Drive and Stirling
Avenue South. The properties are zoned Residential Six Zone (R-6) and are designated
as Low Rise Residential in the Municipal Plan. The applicant is proposing to sever the
property at 17 Greenbrook Drive from the parcel at 19 Greenbrook Drive along previously
existing lot lines that may have merged on title. The lots have been developed as street
fronting townhouses and each parcel meets the Zoning By -Law requirements.
COMMITTEE OF ADJUSTMENT 37 FEBRUARY 20, 2007
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 • •• the severed and •• •. 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 size of the proposed
parcels will be suitable for the uses as permitted by the R-6 zone. The dimensions and
.•• • the proposed • are appropriate and suitable • the existing and proposed usli.,
#4 the lands and the lands are serviced with independent and adequate service
connections to •. 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 uses of the severed and retained lands are consistent with the policy statements
issued under subsection 3 (1) of the Act, and they conform to or do not conflict with any
applicable provincial plan or plans. Staff recommends that this application be approved,
subject to the following condition:
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.
The Committee considered the report of the Region of Waterloo, Planning, Housing and
• Services, dated •• 12, 2007 advising they have no objections to this
application.
The Committee considered the report of the Grand River Conservation Authority, dated
•• 2, 2007, advising that they have no objection to the creation • a severance for
two existing lots developed with two existing townhouses at 17 Greenbrook Drive. They
advised that any new development or site alteration on either the severed or retained lot
will require the prior issuance of a permit from the GRCA as both lots are located within
the Regulation limit of the Borden Greenway.
The Secretary -Treasurer requested an additional, standard City condition, that the owner
submit a reference plan in paper copy and a digital file.
That
• application • 589200 Ontario Inc. requesting permission to • a •. •
land having a width of 5.55 m (18.2') by a depth of 37.71 m (123.72') and an area of
209.29 • m. (2,252.85 sq. ft.), • Part Lots 25 & 29, Registered Plan 785, 17
Greenbrook Drive, Kitchener, Ontario, BE GRANTED, subject to the following condition:
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 Agn (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.
• I W M r0T#= I •-
• .
a
plan • subdivision is not necessary for the proper and orderly development • the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands
• the retained •
COMMITTEE OF ADJUSTMENT 38 FEBRUARY 20, 2001
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 February 20, 2009.
MINOR VARIANCE & CONSENT
Submission Nos.: B 2007-007 & A 2007-005
Applicant: Mark Lawrence Turnbull
Property Location: 9 Maywood Road
Legal Description: Lot 152, Reciistered Plan 849
In Support: Mr. W. O'Neill
Mr. S. O'Neill
Mr. V. Bhella
Contra: Ms. N. Sullivan
Mrs. N. Sullivan
The Committee was advised that the applicant requests permission to sever a parcel of
land to have a width on Byron Road of 13.868 m (45.49') by a depth of 29.718 m (97.5')
and an area of 413.033 sq. m. (4,445.99 sq. ft.). The proposed use of the property is a
sinale family dwelling.
The retained land will contain the existing single family dwelling and will have a width on
Maywood Road of 28.194m (92.5') a depth of 22.7008m (74.5') and an area of 640.229
sq. m. (6,891.59 sq. ft.). The applicant is also requesting a minor variance for the rear
yard for the existing house which, at the shortest point, will be 4.724m (15.49') (if the
severance is granted), rather than the required 7.5m (24.6').
The Committee considered the report of the Development and Technical Services
Department, dated February 5, 2007, advising that the subject property is located at the
corner of Maywood Road and Byron Avenue. The subject property has a frontage of 11 .9
metres on Maywood Road, 7.315 metres on Byron Ave, an area of 640 square metres and
contains a single -detached dwelling. The applicant is proposing to sever the subject lands
into two lots. The proposed retained lot will continue to front onto Maywood Rd and will
include the existing single detached dwelling. The proposed severed lot will front onto
Byron Rd. The lot to be severed currently contains no buildings, but the owners intend to
sell the lands as a future building lot. In order to meet the minimum lot width and area for
the lot to be severed, the applicant is requesting a minor variance on the lands to be
retained to permit a rear yard setback of 4.7 metres, whereas Zoning By-law 85-1 requires
a minimum rear yard setback of 7.5 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 dimensions and shapes of the proposed
lots are appropriate and suitable for the existing use of the retained lands and the
proposed use of the severed lands, the lands front on an established public street, and
both parcels of land can be serviced with independent and adequate service connections
COMMITTEE OF ADJUSTMENT 39 FEBRUARY 20, 2007
1. Submission Nos.: B 2007-007 & A 2007-005 (Cont'd)
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1. That Minor Variance Application A 2007-005 receive final approval.
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
3. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed lands and retained lands.
4. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp on the severed
lands.
5. That satisfactory arrangements be made with the City of Kitchener for the payment
of any outstanding Municipal property taxes and/or local improvement charges.
COMMITTEE OF ADJUSTMENT 40 FEBRUARY 20, 2001
6. That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in dwg (AutoCad) or Agn (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 February 12, 2007, advising they have no objections to
Submission No. B 2007-007.
The Committee considered the written submission of a neighbourhood resident in
opposition to this application.
Mr. B. O'Neill was in attendance to represent these applications, and advised that the
proposed development for the severed land is a 1 1/2storey single family dwelling.
Ms. J. von Westerholt stated that the rear yard is fairly extensive, and it gets larger as you
progress towards the south end of the property. Further, she advised that these types of
developments are contemplated for infill and intensification.
Ms. Sullivan addressed the Committee stating that the new house won't fit into the
neighbourhood. It will be noisy and there won't be any privacy. Her other concern was
that their house will shake during construction, and that they have experienced such a
problem with the construction taking place at the former church property.
Mr. McColl stated his concern that the severed land would be the smallest lot in the
neighbourhood. He is concerned with the rear yard variance and that it will be the smallest
rear yard in the neighbourhood and may not be minor in nature.
The Chair questioned whether a decorative wood fence would help with Ms. Sullivan's
privacy issues, and Ms. Sullivan responded that if these applications are approved she
would want such a fence.
A
That the application of Mark Lawrence Turnbull requesting permission to convey a parcel
of land having a width on Byron Road of 13.868 m (45.59 a depth of 29.718 m (97.5')
and an area of 413.033 sq. m. (4,445.99 sq. ft.), on Lot 152, Registered Plan 849, 9
Maywood Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
That the owner shall receive final approval of Submission No. A 2007-005.
2. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed lands and retained lands.
Jr. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp on the severed
lands.
5. That the owner shall 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 41 FEBRUARY 20, 2007
1. 'Submission Nos.: B 2007-007 & A 2007-005 (Cont'd)
6. 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 Agn (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.
7. That the owner shall install a decorative wooden fence along the common lot line
between 9 Maywood Road and 15 Maywood Road, to be no closer to the property
line along Maywood Road than 4.57m (15), to extend to the rear lot line, and
comply with all the requirements of Chapter 630 (Fences) of the City of Kitchener
Municipal Code.
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 February 20, 2009.
Moved • Mr. A. Head
Seconded by Mr. B. •
That the application of Mark Lawrence Turnbull requesting permission for the rear yard of
the existing house at the shortest point to be 4.724 m (15.49') rather than the required 7.5
m (24.6'), on Lot 152, Registered Plan 849, 9 Maywood Road, Kitchener, Ontario, BE
APPROVED,
• to the following condition:
1 . That the owner shall install a decorative wooden fence along the common lot line
between 9 Maywood Road and 15 Maywood Road, to be no closer to the property
line along Maywood Road than 4.57m (15), to extend to the rear lot line, and
comply with all the requirements of Chapter 630 (Fences) of the City of Kitchener
•. •!•
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.
COMMITTEE OF ADJUSTMENT 42 FEBRUARY 20, 2007
1. Submission No.:
R
CC 2007-001
Applicant:
Chalon Estates Inc.
Property Location:
Caryndale Drive
Legal Description:
Part of Lot 8, Biehn I s Tract
Appearances:
In Support:
Mr. D. Aston
Contra:
None
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COMMITTEE OF ADJUSTMENT 43 FEBRUARY 20, 2007
1. 'Submission No.: CC 2007-001 (Cont'd)
City's Director of Planning by way of a copy of such application, at the same time as the
application is submitted to the Region."
The revised wording permits the owner to apply for a building permit to construct a
structure/building for the exclusive use of the enjoyment of the woodlot, subject to review
by the Director of Planning to ensure the size and location of the building has the least
impact on the woodlot. The revised condition also ensures a building permit is not issued
for other uses as was the intent of the original condition when the woodlot was created as
a separate retained parcel.
Planning staff recommend that application CC2007-001, be approved, and that condition 7
(c) of B-2006-30 be revised to read as follows:
"That the Owner shall not apply for or receive a building permit for the retained land (Part 2
tif the original severance sketch being Part 1 on Plan 58R-15575) for commercial,
institutional, industrial or residential purposes. This condition shall not preclude a building
permit for an accessory building, in conformity with the Zoning By-law, to be used in
conjunction with the enjoyment of the property as a woodlot. The Owner further agrees to
consult with and get approval from the City's Director of Planning, for any building plan
associated with a building permit applied for on the retained land. The building plan will be
reviewed with respect to the size and location, among other considerations, of any
proposed building to ensure the least impact on the woodlot.
That the owner shall post signage on the perimeter of the retained land identifying it as a
private woodlot to be conserved, and further,
That each time the owner applies to the Regional Municipality of Waterloo to cut any trees
on the retained land, pursuant to the Region's Tree By-law, the owner shall notify the
City's Director of Planning by way of a copy of such application, at the same time as the
application is submitted to the Region. 13
The Committee considered the report of the Region of Waterloo, Transportation Planner,
dated February 12, 2007 advising they have no objections to this application.
Mr. Aston advised of his agreement with the staff recommendation, except for requiring
the approval of the Director of Planning for the building plan. The anticipated building
would probably be a gazebo or some other for of shelter. The Committee did not agree
with Mr. Aston's request.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Chalon Estates Inc. requesting permission to change Condition 7 c)
of a Provisional Consent B 2006-030 such that the applicant will have the ability to apply
for and receive a building permit for recreational purposes for the land to be severed, on
Part of Lot 8, Biehn I s Tract, Caryndale Drive, Kitchener, Ontario, BE GRANTED, such that
only the following conditions shall apply to Submission No. B 2006-030:
That the owner shall make satisfactory financial 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 submit to the Secretary -Treasurer, a digital file(s) of the
deposited reference plan(s) prepared by an Ontario Land Surveyor in dwg
(AutoCad) or Agn (Microstation) format, as well as two full size paper copies. 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 receive final approval of Applications for fflinor Tariance A
2006-051 and A 2006-052.
COMMITTEE OF ADJUSTMENT 44 FEBRUARY 20, 2007
1. 'Submission No.: CC 2007-001 (Cont'd)
Jr. That the owner shall receive approval from the City's Director of Planning of a draft
reference plan showing the proposed lot line between the retained land (Block 2 on
the severance sketch) and the severed land (Block 1 on the severance sketch).
5. That the land to be severed in this application (Block 1 on the severance sketch)
shall be added to the abutting land immediately to the east, and title shall be taken
in identical ownership; with any subsequent conveyances or transactions complying
with subsection 50(3) and/or (5) of the Planning Act.
6. That the owner shall pay to the City of Kitchener a cash -in -lieu of parkland
dedication equal to 5% of the value of the land to be retained (Part 2 on the
severance sketch).
7. That the owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor and registered on title of the severed and retained
lands, that includes the following:
a) That the owner shall submit a detailed Environmental Impact Report with the
submission of a subdivision application for the severed land (Block 1 on the
severance sketch), that will be used to determine the final analysis and
setback requirements for future development and lot creation on the severed
land in relation to the woodland on the retained land (Block 2 on the
severance sketch).
b) That the owner shall provide to the City of Kitchener the parkland dedication
for the severed land (Block 1 on the severance sketch) at the time of any
future application to develop or subdivide this land.
c) That the Owner shall not apply for or receive a building permit for the
retained land (Part 2 of the original severance sketch being Part 1 on Plan
58R-1 5575) for commercial, institutional, industrial or residential purposes.
This condition shall not preclude a building permit for an accessory building,
in conformity with the Zoning By-law, to be used in conjunction with the
enjoyment of the property as a woodlot. The Owner further agrees to
consult with and get approval from the City's Director of Planning, for any
building plan associated with a building permit applied for on the retained
land. The building plan will be reviewed with respect to the size and
location, among other considerations, of any proposed building to ensure the
least impact on the woodlot.
That the owner shall post signage on the perimeter of the retained land
identifying it as a private woodlot to be conserved; and further,
That each time the owner applies to the Regional Municipality of Waterloo t
cut any trees on the retained land, pursuant to the Region's Tree By-law, th
owner shall notify the City's Director of Planning by way of a copy of uc
application, at the same time as the application is submitted to the Regi . I
• W M U*T#= I
1 A plan • subdivision is not necessary for the proper and orderly development • the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands
• the ret,,zined 1,,znds.
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 45 FEBRUARY 20, 2007
1. 'Submission No.: CC 2007-001 (Cont'd)
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above -noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being February 20, 2009.
Dated at the City of Kitchener this 20th day of February 2007.
Dianne H. Gilchrist
Secretary -Treasurer
Committee of Adjustment