HomeMy WebLinkAboutAdjustment - 2002-10-01 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD OCTOBER 1, 2002
MEMBERS PRESENT: Messrs. P. Kruse, B. Isaac and P. Britton.
OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer.
Mr. P. Kruse, Vice-Chair, called this meeting to order at 9:55 a.m.
Moved by Mr. B. Isaac
Seconded by Mr. P. Britton
That the minutes of the regular meeting of the Committee of Adjustment of September 10, 2002 as
mailed to the members, be accepted.
Carried
UNFINISHED BUSINESS
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2002-052
First Capital (Kitchener Corporation)
1005 Ottawa Street North
Part Block E & F, Registered Plan 1170
Mr. P. Kruse advised that the Committee was in receipt of a letter dated September 27, 2002
from Mr. Greg Priamo, Zelinka Priamo Ltd., agent for the applicant, requesting deferral of this
application to the Committee's November meeting.
By general consent, it was agreed that this application would be deferred to the Committee's
meeting to be held on November 12, 2002.
CONSENT
1. Submission Nos.:
Applicant:
Property Location:
Legal Description:
B 2002-024 & B 2002-025
Humpty Dumpty Snack Foods Inc.
3065 King Street East
Part of Lots 31 and 33, Municipal Compiled Plan 986, designated as
Part 1 on Reference Plan 58R-1796
Mr. P. Kruse advised that the Committee was in receipt of a letter dated September 30, 2002
from Mr. Ryan Mounsey, Green Scheels Pidgeon Planning Consultants Limited, agent for the
applicant, requesting deferral of these applications to the Committee's next meeting.
By general consent, it was agreed that these applications would be deferred to the Committee's
meeting to be held on October 22, 2002.
The Committee then recessed the meeting temporarily, at 10:00 a.m. in order to consider applications
for minor variance to the City of Kitchener's Sign By-law. This meeting reconvened at 10:05 a.m.
COMMITTEE OF ADJUSTMENT 169 OCTOBER 1, 2002
NEW BUSINESS
MINOR VARIANCE
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2002-055
Bernhard & Katharina Daferner
98 Gage Avenue
Part Lot 20, Registered Plan 402
Appearances:
In Support:
Mr. Bernard Daferner
Contra: None
Public Submissions:
CN Railway Properties Inc.
The Committee was advised that the applicant is requesting permission to convert a duplex
dwelling to a triplex on a parcel of land having a minimum lot width of 13.89 m (45.57 ff.) rather
than the required 15 m (49.21 ft.).
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
· Planning Division - September 18, 2002 - in support;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - September 25, 2002
· Director of Building - September 23, 2002
· Region of Waterloo - September 25, 2002
· Grand River Conservation Authority - September 25, 2002;
· CN Railway Properties Inc. - comments concerning a noise warning clause and noise
analysis.
Mr. P. Kruse reviewed the comments, noting that staff are recommending approval of the
application. He then referred to the comments received from the Canadian National Railway. Mr.
P. Britton raised concern that the appropriate approval authority is the Region of Waterloo
respecting noise related issues and Mr. B. Sloan noted that the Region has not requested any
conditions of approval relating to noise. It was further determined that a noise analysis was not
appropriate with respect to this application given conversion consists of interior renovations only
and the existing building footprint is not changing.
Mr. P. Britton suggested that it would be appropriate to require a warning clause for the new unit
only and the Committee agreed.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of Bernhard and Katharina Daferner requesting permission for a reduction in
the minimum lot width from the required 15 m (49.21 ff.) to 13.89 m (45.57 ff.) relative to
conversion of an existing duplex to a triplex, on Part Lot 20, Registered Plan 402, 98 Gage
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That subject to the satisfaction of the City Solicitor and prior to the issuance of any building
permit, the owner shall enter into an agreement with the Corporation of the City of
Kitchener to provide that a warning clause be included in any Offer to Purchase,
Agreements of Purchase and Sale or Lease relative to the new dwelling unit only, as
follows:
'¥Varning: Canadian National Railway Company or its assigns or successors in interest
has or have a right-of-way within 300 metres from the land the subject hereof. There may
COMMITTEE OF ADJUSTMENT 170 OCTOBER 1, 2002
Submission No.: A 2002-055 (Cont'd)
be alterations to or expansions of the rail facilities on such right-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid right-of-way."
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2002-056
Paul & Karen Hutcheson
50 Lewis Crescent
Lot 246, Registered Plan 1340
Appearances:
In Support:
Mrs. Karen Hutcheson
Mr. Jim Kaufman
Contra: None
Public Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
storey addition, 7.31 m x 6.7 m (24 ft. x 22 ff.), having a rearyard setback of 7.28 m (23.9 ft.)
rather than the required 7.5 m (24.6 ff.).
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
· Planning Division - September 11, 2002 - in support, as generally in accordance with the
drawings submitted with the application;
· Director of Building - September 23, 2002 - in support, subject to a building permit;
· Kitchener-Wilmot Hydro Inc. - September 27, 2002 - in support, subject to the hydro meter
being relocated to an outside wall of the new structure;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - September 25, 2002
· Region of Waterloo - September 25, 2002
· Grand River Conservation Authority - September 24, 2002.
Ms. Karen Hutcheson advised that she had reviewed the comments and was in agreement with
the recommendation; however, questioned if she would be able to commence building
immediately notwithstanding the 20 day appeal period. Ms. Hutcheson advised that the addition
is intended to accommodate her husband who is physically disabled and currently in hospital, and
it is necessary to complete the renovations as quickly as possible pending his return home.
Submission No.: A 2002-056 (Cont'd)
COMMITTEE OF ADJUSTMENT 171 OCTOBER 1, 2002
Mr. P. Kruse advised that the Committee is bound by the statutory appeal period and it was his
understanding that a building permit could not be issued until expiration of the appeal period. Mr.
B. Sloan advised that staff would not be able to issue a building permit for that portion of the
addition that does not comply with current zoning; however, advised he was willing to work with
the applicant to pursue options that may allow partial renovations to commence.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of Paul and Karen Hutcheson requesting permission to construct a single
storey addition, 7.31 m x 6.7 m (24 ft. x 22 ff.), having a rearyard setback of 7.28 m (23.9 ft.),
rather than the required 7.5 m (24.6 ff.), on Lot 246, Registered Plan 1340, 50 Lewis Crescent,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the variance as approved in this application shall be generally in accordance with the
drawings submitted with Minor Variance Application, Submission No. A 2002-056.
That the owner shall obtain a building permit prior to construction of the new addition.
That the existing hydro meter shall remain outside and readily accessible to the
satisfaction of Kitchener-Wilmot Hydro Inc.
It is the opinion of this Committee that:
The variance requested in this application is minor in nature.
This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Submission No.:
Applicant:
Property Location:
Legal Description:
Appearances:
Carried
A 2002-057
Claude &Wanda Hennessy
294 Shelley Drive
Lot 22, Registered Plan 1247
In Support: Mr. Claude Hennessy
Contra: None
Public Submissions: None
The Committee was advised that the applicant is requesting permission to construct an attached
garage, 10.67 m x 3.76 m (35 ff. x 12.33 ff.), having a northerly sideyard setback of 0.62 m (2 ff.)
rather than the required 1.2 m (3.94 ff.).
The Committee was in receipt of the following City staff / agency comments and
submissions (if any):
· Planning Division - September 18, 2002 - in support;
Submission No.:
public
Director of Building - September 23, 2002 - in support, subject to a building permit;
Kitchener-Wilmot Hydro Inc. - September 27, 2002 - in support, subject to the hydro meter
being relocated to an outside wall of the new structure;
A 2002-057 (Cont'd)
COMMITTEE OF ADJUSTMENT 172 OCTOBER 1, 2002
· The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - September 25, 2002
· Region of Waterloo - September 25, 2002
· Grand River Conservation Authority - September 24, 2002.
Mr. Claude Hennessy advised that he had reviewed the comments and pointed out that the new
garage is to be located behind the existing outdoor hydro meter. Accordingly, he gave assurance
that the meter will remain open and accessible.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of Claude and Wanda Hennessy requesting permission to construct an
attached garage, 10.67 m x 3.76 m (35 ff. x 12.33 ft.), having a northerly sideyard setback of 0.62
m (2 ft.), rather than the required 1.2 m (3.94 ff.), on Lot 22, Registered Plan 1247, 294 Shelley
Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a building permit prior to construction of the new garage.
2. That the owner shall confirm the exact location of the new garage in relation to the hydro
meter with Kitchener-Wilmot Hydro Inc. and if required, relocate the existing hydro meter
to an outside wall of the new structure.
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.
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2002-058
David Schnell
395 Ottawa Street South
Part Lot 19, Registered Plan 384
Appearances:
In Support:
Mr. David Schnell
Mr. Arthur Schnell
Contra: None
Public Submissions:
CN Railway Properties Inc.
Carried
The Committee was advised that the applicant is requesting permission to expand a legal non-
conforming duplex by constructing a frontyard addition, 6.09 m x 1.6 m (20 f. x 5.25 ft.) in size, to
add an entranceway and enlarge the livingroom space.
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
· Planning Division - September 25, 2002 - in support, as generally in accordance with the
plans submitted with the application;
· Director of Building - September 23, 2002 - in support, subject to a building permit;
4. Submission No.: A 2002-058 (Cont'd)
COMMITTEE OF ADJUSTMENT 173 OCTOBER 1, 2002
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - September 25, 2002
· Region of Waterloo - September 25, 2002
· Grand River Conservation Authority - September 24, 2002;
· CN Railway Properties Inc. - comments concerning a noise warning clause and noise
analysis.
Mr. P. Britton raised concern with respect to approving the variance based on expansion of a
legal non-conforming use given a previous minor variance application legalized the existing use.
Mr. B. Sloan advised that while technically the use is legal, no regulation pertaining to the use has
been included in the Zoning By-law. He commented that the current application could be viewed
as a reconsideration of the previous minor variance application and staff are of the opinion the
proposed expansion does not change the intent of the original approval.
Mr. Britton referred to the comments of CN Rail and questioned the location of the proposed
addition in relation to the rail line. Mr. David Schnell advised that the addition would be furthest
from the rail line and noted that the addition is not intended to be used as a bedroom. He further
stated that noise is rarely heard from the rail line as the subject property is buffered by an
adjacent industrial building. Mr. B. Sloan further clarified that the rail line does not abut the
subject property.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That with the intent of appropriately recognizing the existing duplex relative to existing zoning, the
application of David Schnell requesting permission to expand a legal non-conforming duplex by
constructing a frontyard addition, 6.09 m x 1.6 m (20 f. x 5.25 ft.) in size, to add an entranceway
and enlarge the living room space, on Part Lot 19, Registered Plan 384, 395 Ottawa Street
South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the variance as approved in this application shall be generally in accordance with the
drawings submitted with Minor Variance Application, Submission No. A 2002-058.
2. That the new addition shall not be used for a bedroom.
3. That the owner shall obtain a building permit prior to construction of the new addition.
It is the opinion of this Committee that:
1. The variance requested in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan
is being maintained on the subject property.
Carried
Submission No.:
Applicant:
Property Location:
Leqal Description:
A 2002-059
729722 Ontario Limited
195 Highland Road East
Part Lot A, Plan 670
Appearances:
In Support:
Mr. Irfan Gillani
Mr. Muradali Gillani
5. Submission No.: A 2002-059 (Cont'd)
COMMITTEE OF ADJUSTMENT 174 OCTOBER 1, 2002
Contra:
Mr. Robert Sexsmith
Mr. Pat Dwyer
Mr. Alex Zieman
Public Submissions:
In Support: None
Contra:
Neighbourhood Petitions (2)
The Committee was advised that the applicant is requesting permission to allow 2 new residential
dwelling units to be located within a building not containing a commercial use and to be located
on the main floor rather than the upper floor; and to permit a reduction in the number of required
parking spaces for the 2 new units from 2 parking spaces to 0 spaces.
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
· Planning Division - September 26, 2002 - in support;
· Director of Building - September 23, 2002 - in support, subject to a building permit;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - September 25, 2002
· Region of Waterloo - September 25, 2002
· Grand River Conservation Authority - September 24, 2002;
Neighbourhood Petitions (2) - received on September 25, 2002 and October 1, 2002 from
area residents - concerns raised relate to issues of property standards and insufficient
parking.
Mr. Irfan Gillani, owner of the subject property, advised that he has experienced difficulty with
renting the commercial space on the ground floor of the subject building and accordingly, is
proposing to convert the space for residential use resulting in the variance application before the
Committee.
Mr. P. Kruse advised that 2 neighbourhood petitions have been received and the text of the
petitions were read aloud for the record.
In response to the petitions, Mr. Gillani advised that a meat store currently occupies the ground
floor on a monthly rental basis and is responsible for garbage odours on site; however, he pointed
out that the ground floor will cease to be operated as a store if the variance application is
approved. He further advised that a problem tenant was evicted, a full-time building
superintendent has been hired and further renovations are planned to improve site conditions.
Mr. Robert Sexsmith advised that area residents were concerned with the lack of on-site parking.
He suggested that parking on adjacent City-owned lands for the business use has been accepted
over the years as vehicles to the business come and go; however, he suggested that if the
commercial space is converted to rental units parking of tenant vehicles would become
permanent. He expressed the opinion that allowing exemption of the required parking would
have a negative impact to the area neighbourhood.
Mr. Alex Zieman raised concern respecting the structural integrity of the building and suggested
that inspections should take place.
A discussion respecting the issue of parking was then entered into during which it was noted that:
5. Submission No.: A 2002-059 (Cont'd)
COMMITTEE OF ADJUSTMENT 175 OCTOBER 1, 2002
· City staff considers the residential use to be less intensive than a commercial use; ie. to obtain
an occupancy permit for a commercial use would require a variance to reduce the number of
parking spaces from approximately 5 to 0, versus a variance of 2 spaces to 0 for the proposed
residential use;
· on-site parking is not achievable as the building footprint covers almost the entire area of the
property;
· ability to obtain off-site parking is unlikely given the existing owner/occupied residential
character of the neighbourhood;
· the City will not entertain sale of the adjacent road allowance; however, may entertain an
encroachment agreement;
· historically there are no complaints on record respecting parking on the adjacent road
allowance;
· the City has no immediate or future plans to widen Delaware Avenue;
· the owner has indicated he intends to seek tenants that do not require parking and transit
service is available along Highland Road;
· the City is in the process of implementing new designations for mixed uses within its Municipal
Plan to assist with conversion of vacant commercial space to residential uses as it is preferred
to see viable use of the buildings rather than empty store fronts.
Mr. Kruse commented that the parking variance does not really represent a change but rather
legalizes an existing situation and appears secondary to concerns raised by residents respecting
the operation and maintenance of the existing structure. He noted that the owner has proposed,
and taken, various steps to improve site conditions and if not followed through, area neighbours
have avenue to address property standard issues through the City's By-law Enforcement. Mr.
Kruse expressed the opinion that leaving the commercial space empty would not be good
planning. Mr. Britton advised that he was prepared to approve the application given that the
proposal reduces the overall parking needs, transit service is available, there is potential to make
appropriate arrangements to use the road allowance for parking given it is unlikely road widening
will occur for some time and it is preferable to have a viable use within the existing structure
rather than potentially leaving the commercial space empty.
Moved by Mr. P. Britton
Seconded by Mr. B. Isaac
That the application of 729722 Ontario Limited (Irfan Gillani) requesting permission to allow 2 new
residential dwelling units to be located within a building not containing a commercial use and to
be located on the main floor rather than the upper floor; and to permit a reduction in the number
of required parking spaces for the 2 new units from 2 parking spaces to 0 spaces; on Part Lot A,
Plan 670, 195 Highland Road East, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
That subject to the satisfaction of the City Solicitor and prior to the issuance of any building
permits, the owner shall enter into an agreement to be registered on title of the subject
property to provide for the following:
a)
the owner shall provide confirmation to the City that all prospective tenants will be
notified in advance of, and upon, entering into rental agreements that no on-site
parking is available; and,
b)
the owner shall maintain the subject property in accordance with site requirements
otherwise normally dealt with under site plan control (eg. proper garbage
containment, landscaping, lighting, etc.).
Submission No.:
That prior to the issuance of any building permits, the owner shall make every effort to
enter into an encroachment agreement with the City of Kitchener to allow parking on the
Delaware Avenue road allowance adjacent to the subject property and in the event the
City does not agree to enter into an encroachment agreement, the owner shall instead
provide written confirmation to be obtained from the City's Principal Planner, verifying that
the owner made satisfactory efforts respecting the issue of an encroachment agreement.
A 2002-059 (Cont'd)
COMMITTEE OF ADJUSTMENT 176 OCTOBER 1, 2002
That the owner shall obtain a building permit prior to construction of the 2 new dwelling
units.
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.
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
Submission No.:
Applicant:
Property Location:
Legal Description:
B 2002-028
Senberg Management Ltd.
555 King Street East
Part of Lots 64, 85 & 88, Part Betzner Avenue and Lots 86 & 87,
Registered Plan 303
Appearances:
In Support:
Mr. Howard Rotberg, Senberg Management Ltd.
Contra: None
Public Submissions: None
The Committee was advised that the applicant is requesting permission to create one new parcel
of land for future multi-residential use having frontage on Betzner Avenue of 21.9 m (71.85 ft.), by
a depth of 43.59 m (143 ft.) and an area of 939.5 m2 (10,113.02 sq. ft.).
The Committee was in receipt of the following City staff / agency comments and public
submissions (if any):
Planning Division - September 20, 2002 - recommending refusal based on issues relating to
compatibility with adjacent plans of subdivision and suitability of the land for the purpose that it
is to be subdivided;
Region of Waterloo - September 25, 2002 and October 1, 2002 - in support, subject to
preparation of a noise study and if required, entering into an agreement to provide for
implementation of the noise study; and, notification that the lands have suspected
contamination and the City may wish to consider imposing a Record of Site Condition as a
condition of approval;
The following had no concerns or comments with respect to this application:
· Traffic & Parking Analyst - September 25, 2002
· Director of Building - September 23, 2002
· Grand River Conservation Authority - September 24, 2002.
Mr. P. Kruse reviewed the comments, noting that Planning staff are recommending the
application be refused and enquired if the applicant had anything further to add.
Mr. Howard Rotberg responded to comments respecting a Record of Site Condition (RSC) and
orientation of the proposed lot configurations. Mr. Rotberg provided copies of two engineering
studies completed by Courtland Engineering Consultants Inc. dated June 12, 2002 and Dillon
Consulting Ltd. dated August 2002. He advised that the studies indicated that the lands
proposed to be severed are clear; however, the retained lands show ground water contamination.
Submission No.: B 2002-028 (Cont'd)
COMMITTEE OF ADJUSTMENT 177 OCTOBER 1, 2002
It was his opinion that the studies should be accepted as sufficient evidence to not require an
RSC on the severed lands and suggested that to impose such a condition would be unfair and
financially onerous. Mr. Rotberg indicated a desire to move forward with the severance to allow
him an opportunity to either develop or sell the new lot and he would then address the issue of
contamination on the retained lands at a later date. In regard to lot orientation, he acknowledged
the City's design perspectives for the King Street East corridor which places emphasis on
fascades facing King Street and a pedestrian oriented environment; however, he disagreed that
the proposed lot orientation was not appropriate given the current characteristics of the
streetscape and was of the opinion that the proposed lot could be developed in such a way as to
maximize the design through site plan control to ensure an aesthetically pleasing streetscape.
The Committee then entered into discussion during which the following concerns were raised:
liability to the City if the engineering studies are accepted without acknowledgement by the
appropriate approval authority, being the Ministry of Environment, and/or without
representation by the engineering firms who undertook the studies;
· potential to create a situation whereby the retained lands could not be developed; and,
· inability to determine if the proposed lot configuration can conform to the City's Municipal Plan
objectives without benefit of development concepts.
Following a lengthy discussion, it was agreed to defer the application to allow opportunity for an
opinion to be obtained from the City Solicitor relative to the issue of liability in accepting the
engineering studies rather than imposing an RSC and for the applicant to provide design
concepts for staff review to assist in determining if the proposed lot configuration can conform
with Municipal Plan objectives.
By general consent, it was agreed that this application would be deferred to the Committee's next
meeting to be held on October 22, 2002.
Submission Nos.:
Applicant:
Property Location:
Legal Description:
B 2002-029 & B 2002-030
Ping Zing Holdings Inc.
Grand Hill Drive/Folleys Lane
Part Lots 9 & 10, Beasley's Broken Front Concession, designated as
Part 3 on Reference Plan 58R-11429
Appearances: None
Mr. P. Kruse noted that Planning staff are recommending deferral of the applications as a minor
variance application is required to address the lot width of the severed lands and it is preferred to
consider all applications concurrently.
By general consent, it was agreed that these applications would be deferred to the Committee of
Adjustment meeting to be held on November 12, 2002.
ADJOURNMENT
On motion, the meeting adjourned at 11:45 a.m.
Dated at the City of Kitchener this 1st day of October, 2002.
Janet Billett, AMCT
Secretary-Treasurer
Committee of Adjustment