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HomeMy WebLinkAboutAdjustment - 2002-10-22 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 22, 2002 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. B. Sloan, Planner and Mr. K. Mayer, Co- ordinator of Traffic Planning and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:15 a.m. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of October 1,2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2002-010 Nurko Sokolovic 727-729 King Street East Lot 5, Registered Plan 634 Appearances: In Support: Mr. Brian Kelly, Kelly & Co. Contra: None Public Submissions: In Support: Mr. Brian Kelly, Kelly & Co. Contra: None This application was originally considered at the January 29, 2002 Committee of Adjustment meeting at which time it was deferred to allow an opportunity for an off-site parking agreement to be finalized. Subsequent deferrals have resulted in the application being before the Committee this date. The Committee was previously advised that the applicant is requesting permission for a reduction in the number of parking spaces required for expansion of an existing restaurant use from 36 parking spaces to 10. This application was amended at the January 29, 2002, Committee of Adjustment meeting to request permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building as restaurant, from 16 parking spaces to 7. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 179 OCTOBER 22, 2002 Submission No.: A 2002-010 (Cont'd) Planning Division - January 21, June 13, and October 17, 2002 - opposed; concerns relate to impact to the local street network and surrounding neighbourhood from resulting increased parking demand within an area experiencing high traffic volume and limited on-street parking and non-compliance with Municipal Plan objectives to ensure adequate parking standards; further advised consent approval is required for lease of off-site parking necessitating preparation of a reference plan and registration of an easement document; Legal Services Division - June 14, 2002 - suggested revisions to the June 6th draft off-site parking agreement; October 17, 2002 - legal opinion respecting the necessity of registering an off-site parking agreement on title of the property supplying the parking spaces; October 21, 2002 - letter to applicant's Solicitor outlining proposed changes to clauses within the draft off- site parking agreement; · Traffic & Parking Analyst - June 12, 2002 - opposed; concerns relate to lack of on-street and alternate parking in the area; · Mr. Brian Kelly, Kelly & Co. - June 6, 2002 - revised draft off-site parking agreement; Ontario Municipal Board Order No. 0212 dated February 12, 2001; The following have no concerns or comments with respect to this application: · Director of Building - January 8, 2002 · Region of Waterloo - January 8, 2002 · Grand River Conservation Authority - January 23, 2002. Mr. Brian Kelly, Solicitor for the applicant, advised that subsequent to the Committee's September 10, 2002 meeting, he had met with the Acting City Solicitor and Planning staff at which time the Acting City Solicitor provided a legal opinion that registering the off-site parking agreement on title does not change the obligation to comply with the provisions of the agreement. He noted that modifications to the terms of the agreement to compensate for not registering the agreement on title were discussed and agreed upon; however, he noted that written notice of the modifications were not received from the Acting City Solicitor until October 21, 2002. Further, he referred to Planning staff comments of October 17, 2002 which do not appear to reflect what was agreed upon during discussions and now suggest that a consent application is necessary to grant the use of parking on the neighbouring property which would involve preparation of a reference plan and registration of an easement document on title. Mr. Kelly advised that given he had only recently received the comments, he had not had an opportunity to discuss the proposed changes with his client. Accordingly, he requested a further adjournment to determine if in fact his client still wishes to proceed and commented that the issue of application for consent and preparation of a reference plan would likely cause his client concern given the additional time and costs involved. He further requested that the adjournment not be peremptorily given it is likely to take some time to consider the proposed changes and to undertake additional consultation with the Assistant City Solicitor. Mr. P. Britton raised concern that this application has been ongoing for some time and was to come for a final conclusion this date. He stated that without conclusion, the City is not in a position to enforce its by-law pending the outcome of the application. He noted that the Assistant City Solicitor has proposed modifications to the terms of the agreement as an alternative to registering the agreement on title, that would provide for the property owner requiring the off-site parking to cease the use on the property requiring the parking in the event the off-site parking is no longer available. Accordingly, he suggested that the Committee is in a position to proceed and he was prepared to recommend approval of the variance, subject to the entering into of an off-site parking agreement to the satisfaction of the Assistant City Solicitor. Mr. Kelly stated that he would prefer to have the opportunity to bring an executed agreement forward prior to a decision being rendered by the Committee. In response to Mr. S. Kay, Ms. J. Given advised that consent approval was a requirement for all third party agreements. Mr. Kay then referred to the issue of perpetuity in conjunction with registration of the off-site parking agreement and Ms. Given reviewed the text of Section 6.1.1.1 a) iii) of the Zoning By-law. It was pointed out that this section appears not to require the parking COMMITTEE OF ADJUSTMENT 180 OCTOBER 22, 2002 1. Submission No.: A 2002-010 (Cont'd) in perpetuity but rather is tied to the length of time the use continues on the property requiring the parking. Following further discussion concerning the use of the property and the provision of off-site parking, Mr. Kay suggested the application be adjourned to the next meeting for the purpose of obtaining further legal opinion from the Assistant City Solicitor respecting the issue of perpetuity/consent approval of the off-site parking agreement and to obtain commitment in writing from the property owner of the site supplying the off-site parking, identifying the parking to be supplied. Mr. Kelly agreed with the conditions of deferral and gave assurance that a representative of his law firm would attend the next meeting in support of his client if he was not available to do so. Moved by Mr. S. Kay Seconded by Mr. B. Isaac That Minor Variance Application, Submission No. A 2002-010, as applied for by Nurko Sokolovic for the property at 727-729 King Street East, Kitchener, Ontario, BE DEFERRED, to the November 12, 2002 Committee of Adjustment meeting to obtain further legal opinion from the Acting City Solicitor respecting interpretation of Section 6.1.1.1 a) iii) of the Zoning By-law relative to the issue of perpetuity/consent approval of the off-site parking agreement and to obtain commitment in writing from the property owner of the site supplying the off-site parking, identifying the parking intended to be supplied. Carried Submission No.: Applicant: Property Location: Legal Description: A 2002-054 Ray Whittemore (K-W Surplus) 666 Victoria Street North Lot 45, Registered Plan 763 Appearances: None Public Submissions: None As no one was in attendance to support the application, the Committee agreed to defer this application to the November 12, 2002 Committee of Adjustment meeting. CONSENT/CHANGEOFCONDITION Submission Nos.: Applicant: Property Location: Legal Description: CC 2002-001, 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 Appearances: In Support: Mr. Chris Pidgeon Green Scheels Pidgeon Planning Consultants Ltd. Contra: None Public Submissions: None Consent Applications, Submission Nos. B 2002-024 and B 2002-025 were originally considered, together with Minor Variance Application, Submission No. A 2002-045, on July 23, 2002 at which time that part of the Consent Applications respecting the granting of easements was deferred to the August 20, 2002 Committee of Adjustment meeting. Subsequent deferrals have resulted in the applications being brought forward for consideration this date. COMMITTEE OF ADJUSTMENT 181 OCTOBER 22, 2002 Submission Nos.: CC 2002-001, B 2002-024 & B 2002-025 (Cont'd) The Committee was advised that the applicant is now requesting permission to change the conditions of the Decisions rendered for Consent Applications, Submission Nos. B 2002-024 and B 2002-025 granted on July 23, 2002 so as to revise Condition No. 3 in each instance to require: "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 which may be in the form of an agreement registered on title to the severed and retained lands acknowledging that the owner of the severed land is responsible to install at their cost, all new service connections to the severed lands and said payment shall be made to the City of Kitchener prior to the issuance of any building permits for the severed lands and the owner of the severed lands further agrees to give notice of said agreement to any prospective purchaser in an agreement of purchase and sale." In addition, the applicant is requesting that the original Decisions be amended to provide for any approvals and/or conditions of approval respecting that part of the consent applications deferred on July 23, 2002 to be included respecting granting of easements for all service connections, utilities and signage as outlined in the letter dated October 9, 2002 from Green Scheels Pidgeon Planning Consultants Limited and as illustrated on Draft Reference Plan numbered "Drawing No. L-5502"; and to provide for the lands to be severed under Consent B 2002-025 to have frontage on King Street East of 16.099 m (52.81 ft.) representing a minor adjustment from 15.1 m (49.54 ft.) to allow proper alignment of the right-of-way for access. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 17, 2002 - in support, subject to certain conditions; Region of Waterloo - October 21, 2002 - in support, subject to the owner entering into an agreement to provide for disposition of redevelopment allowance under the Regional Development Charges By-law; · Mr. Ryan Mounsey, Green Scheels Pidgeon Planning Consultants Limited - October 9, 2002 - detailing the easements requested and in support of the Change of Condition Application. Mr. C. Pidgeon, agent for the applicant, provided a colour coded sketch of the requested easements and reviewed in detail aspects of the severances, easements, change of condition and revision to the frontage of the lands to be severed under Consent B 2002-025 resulting from plotting of the right-of-way. In addition, Mr. Pidgeon advised that the Region of Waterloo has requested a condition of approval be included relative to disposition of development charge credits, to which the applicant has agreed. He further pointed out that easements over Parts 7 to 10 are intended for future signage. In this regard, Mr. Britton pointed out that in granting the easements for signage, the owner would not be precluded from complying with regulations of the City's Sign By-law. Mr. Pidgeon advised that the issue of compliance was understood by the applicant. The Secretary-Treasurer advised that a telephone request was received from Mr. Ryan Mounsey, Green, Scheels, Pidgeon, requesting that the parts of the draft reference plan pertaining to the easement for stormwater run-off, as noted in his October 9 letter, be revised to also include Part 2 of the plan and the Committee concurred with this request. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Humpty Dumpty Snack Foods Inc. requesting permission to amend the decisions for Provisional Consents B 2002-024 and B 2002-025 to provide for any approvals and/or conditions of approval respecting that part of Consents B 2002-024 and B 2002-025 deferred on July 23, 2002 to now be included in the decisions respecting the granting of easements for all service connections, utilities and signage; and to provide for a frontage of 16.099 m (52.81 ft.) on the lands to be severed under Consent B 2002-025; and to change the COMMITTEE OF ADJUSTMENT 182 OCTOBER 22, 2002 Submission Nos.: CC 2002-001, B 2002-024 & B 2002-025 (Cont'd) conditions of approval; so that the following shall now apply to Consents B 2002-024 and B 2002- 025: Consent B 2002-024 "That the application of Humpty Dumpty Snack Foods Inc. requesting permission to convey a parcel of land having frontage on King Street East of 25.5 m (83.66 ft.), by an average depth of 198.9 m (652.55 ft.) and an area of 1.81 ha (4.5 ac); a mutual right-of-way for access, as shown on revised severance plan dated July 23, 2002, over the retained lands in favour of the severed lands; granting of any easements required by Kitchener-Wilmot Hydro Inc. for provision of electrical services to the severed and/or retained lands; and granting of easements, as illustrated on Draft Reference Plan prepared by Martinus Vorsteveld Inc. and numbered "Drawing No. L- 5502", over the severed lands in favour of the retained lands, as follows: Hydro and Bell Canada easements over Parts 5 and 10; Sanitary and Water easements over Part 6; Gas easement over Parts 6 and 8; Signage easement over Parts 7, 8, 9 and 10; Stormwater Run-off easement over Parts 1,2, 5 and 6; all of the above easements in favour of Parts 3 and 4; on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Minor Variance Application, Submission No. A 2002-045, shall receive final approval. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands which may be in the form of an agreement registered on title to the severed and retained lands acknowledging that the owner of the severed land is responsible to install at their cost, all new service connections to the severed lands and said payment shall be made to the City of Kitchener prior to the issuance of any building permits for the severed lands and the owner of the severed lands further agrees to give notice of said agreement to any prospective purchaser in an agreement of purchase and sale. 4. That Site Plan Application SPR01/60/K/NL shall be revised to show all required parking and driveway orientations within the lands to be retained. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of the severed and retained lands, as shown on revised severance plan dated July 23, 2002, to ensure that the mutual right-of-way for access is maintained in perpetuity. 6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for provision of electrical servicing to the lands to be retained and severed. 7. That the owner shall make satisfactory arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to provide that the existing redevelopment allowance in respect of the severed and the retained lands under Regional Development Charges By-law 99-038 in the amount of 82,167 square feet expiring on July 6, 2004, or such remaining development allowance as may exist on the date of execution of the agreement, be applied only in respect of development of the severed COMMITTEE OF ADJUSTMENT 183 OCTOBER 22, 2002 Submission Nos.: CC 2002-001, B 2002-024 & B 2002-025 (Cont'd) lands as shown in consent application B 2002-025; such agreement shall be satisfactory in all respects to the Regional Solicitor and be registered on title to both the severed and retained lands in priority to all other interests and be binding to the successor in title, at no expense to the Regional Municipality of Waterloo. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 22, 2004." - and - Consent B 2002-025 "That the application of Humpty Dumpty Snack Foods Inc. requesting permission to convey a parcel of land having frontage on King Street East of 16.099 m (52.81 ff.), by an average depth of 198.9 m (652.55 ft.) and an area of 0.69 ha (1.7 ac); a mutual right-of-way for access, as shown on revised severance plan dated July 23, 2002, over the retained lands in favour of the severed lands; and granting of any easements required by Kitchener-Wilmot Hydro Inc. for provision of electrical services to the severed and/or retained lands; and granting of easements, as illustrated on Draft Reference Plan prepared by Martinus Vorsteveld Inc. and numbered "Drawing No. L- 5502", over the severed lands in favour of the retained lands, as follows: Hydro and Bell Canada easements over Parts 5 and 10; Sanitary and Water easements over Part 6; Gas easement over Parts 6 and 8; Signage easement over Parts 7, 8, 9 and 10; Stormwater Run-off easement over Parts 1,2, 5 and 6; all of the above easements in favour of Parts 3 and 4; on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Minor Variance Application, Submission No. A 2002-045, shall receive final approval. 2. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands which may be in the form of an agreement registered on title to the severed and retained lands acknowledging that the owner of the severed land is responsible to install at their cost, all new service connections to the severed lands and said payment shall be made to the City of Kitchener prior to the issuance of any building permits for the severed lands and the owner of the severed lands further agrees to give notice of said agreement to any prospective purchaser in an agreement of purchase and sale. COMMITTEE OF ADJUSTMENT 184 OCTOBER 22, 2002 Submission Nos.: CC 2002-001, B 2002-024 & B 2002-025 (Cont'd) 4. That Site Plan Application SPR01/60/K/NL shall be revised to show all required parking and driveway orientations within the lands to be retained. 5. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of the severed and retained lands, as shown on revised severance plan dated July 23, 2002, to ensure that the mutual right-of-way for access is maintained in perpetuity. 6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for provision of electrical servicing to the lands to be retained and severed. 7. That the owner shall make satisfactory arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. 8. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to provide that the existing redevelopment allowance in respect of the severed and the retained lands under Regional Development Charges By-law 99-038 in the amount of 82,167 square feet expiring on July 6, 2004, or such remaining development allowance as may exist on the date of execution of the agreement, be applied only in respect of development of the severed lands as shown in consent application B 2002-025; such agreement shall be satisfactory in all respects to the Regional Solicitor and be registered on title to both the severed and retained lands in priority to all other interests and be binding to the successor in title, at no expense to the Regional Municipality of Waterloo. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 22, 2004." CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2002-027 Lynne Schneider 602 Hidden Valley Road Lot 12, Registered Plan 1523 Mr. S. Kay advised that the Committee was in receipt of an e-mail transmission from Ms. Lynne Schneider requesting deferral of the application to the Committee's next meeting. By general consent, the Committee agreed to defer Consent Application, Submission No. 2002- 027, to the November 12, 2002 Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT 185 OCTOBER 22, 2002 Submission No.: Applicant: Property Location: Legal Description: B 2002-028 Senberg Management Ltd. 555 King Street East Part of Lot 64, 85 & 88 and Part of Betzner Avenue and Lots 86 & 87, Registered Plan 303 Appearances: In Support: Mr. Howard Rotberg, Senberg Management Ltd. Contra: None Public Submissions: In Support: Mr. Howard Rotberg, Senberg Management Ltd. Mr. Ulysses Klee, Dillon Consulting Limited Contra: None This application was originally considered at the October 1, 2002 Committee of Adjustment meeting at which time the application was deferred to obtain legal opinion from the Acting City Solicitor with respect to the issue of a Record of Site Condition and to obtain design concepts to determine if the proposed lot configuration can conform with Municipal Plan objectives. The Committee was previously 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 ff.), 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 - opposed; and revised comments - October 21,2002 - in support, as amended and subject to certain conditions; Region of Waterloo - September 25, October 1 and October 16, 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; · Acting City Solicitor - October 17 & October 22, 2002 - legal opinion respecting the issue of Record of Site Condition; · Ulysses Klee, Dillon Consulting Limited - October 11,2002 - confirmation of results of interim report dated August 2002, respecting the issue of contamination on the subject land; Howard Rotberg, Senberg Management Limited - October 14, 2002 - advising of proposal to build a larger structure on the severed parcel with parking to be provided on the retained land by long-term agreement; request to amend application to permit a lease of more than 21 years; copies of 2 engineering reports from Dillon Consulting Limited (August 2002) and Courtland Engineering Consultants Inc. (June 12, 2002). Mr. Howard Rotberg advised that he had met with the Acting City Solicitor and Planning staff during which it was agreed that the building envelope for the severed parcel would be as shown on the design concept attached to the Planning staff report dated October 21,2002, with parking to be provided on the retained land by establishment of a right-of-way rather than a lease. He COMMITTEE OF ADJUSTMENT 186 OCTOBER 22, 2002 Submission No.: B 2002-025 (Cont'd) further advised that the issue of a Record of Site Condition was reviewed by the Acting City Solicitor and is addressed in Condition A.3 of the staff report. Mr. Rotberg advised that he was in agreement with the recommendations contained in the staff report with the exception of two minor revisions. Mr. Rotberg requested that the first paragraph of Clause A be amended to include the phrase "together with a right-of-way for parking in perpetuity" and Clause A.3 be amended to include reference to the legal opinion of the Acting City Solicitor dated October 17, 2002, as amended in an e-mail transmission dated October 22, 2002. In response to a question from Mr. S. Kay, Mr. Rotberg advised that in order to allow development to proceed on the subject property without completing a Record of Site Condition on the back portion it was still necessary to undertake the severance. Mr. P. Britton raised concern that Condition A.1 does not require registration of the proposed agreement on title of the retained land and suggested this may be a concern to a financial lending institute that may be party to the agreement. Following a lengthy discussion, Mr. Britton indicated he was satisfied that the two parcels would be linked through establishment of the right-of-way and in the event future development is proposed for the retained lands, a subsequent site plan agreement would be required. Mr. B. Sloan commented that the revision to the first paragraph of Clause A was unnecessary as it was addressed in Clause B. Mr. Rotberg agreed, withdrawing his requested amendment. The Committee then considered the request from the Region of Waterloo to impose a condition respecting a noise study. Mr. Rotberg pointed out that it was at the request of the City that the building is being constructed close to King Street and accordingly, he was not in agreement with the Region imposing a noise study. Mr. Britton commented that the condition was relevant to the proposed development; however, suggested that the phrase at the end of the condition "prior to final approval" be amended to read "prior to issuance of any building permit". Mr. Rotberg further suggested that the condition be amended to include the phrase "unless waived by the Region" to allow him an opportunity to discuss the merit of this condition with the Region. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Senberg Management Limited requesting permission to convey a 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 ff.) and an area of 939.5 m2 (10,113.02 sq. ff.) and granting of a right-of- way over the retained land in favour of the severed land, on Part of Lots 64, 85 & 88, Part Betzner Avenue and Lots 86 & 87, Registered Plan 303, 555 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 in which the owner agrees that the site will be developed substantially in accordance with the concept plan attached to the Planning Division comments, dated October 21,2002. No changes to the said plan shall be granted except with the prior approval of the City's Manager of Design and Development. 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. That in accordance with the legal opinion of the Acting City Solicitor dated October 17, 2002, as amended in a subsequent e-mail transmission dated October 22, 2002, the owner shall enter into agreements with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each of the severed and retained lands, which shall require that prior to the commencement of any grading or the issuance of any building COMMITTEE OF ADJUSTMENT 187 OCTOBER 22, 2002 2. Submission No.: B 2002-028 (Cont'd) permit on the severed or retained lands, the owner shall undertake a Site Assessment for the severed or retained lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment & Energy shall be provided to the City's Principal Planner or alternatively, that the owner provide written acknowledgement from the Ministry of Environment & Energy that a Record of Site Condition is not required. 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. 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. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That if required, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate King Street noise levels for the proposed development and if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study prior to issuance of any building permit. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 22, 2004. Carried The Committee then recessed the meeting, temporarily, at 10:30 a.m. in order to consider applications for minor variance to the City of Kitchener's Sign and Fence By-laws. This meeting reconvened at 11:40 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2002-060 Sharon Mosher 204 Westmount Road East Lot 117, Registered Plan 883 Appearances: In Support: Mr. Rob Gondosch COMMITTEE OF ADJUSTMENT 188 OCTOBER 22, 2002 Submission No.: Contra: Public Submissions: A 2002-060 (Cont'd) None None The Committee was advised that the applicant is requesting permission to locate the required parking space in the driveway, setback 5.35 m (17.57 ft.) from the front lot line, rather than the required 6 m (19.68 ff.). The Committee was in receipt of the following City staff / agency comments and submissions (if any): public · Planning Division - October 8, 2002 - in support, subject to the parking location being generally in accordance with the plans submitted with the application; · The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Gondosch had anything further to add. Mr. Gondosch advised that he had reviewed the staff comments and had nothing further to add. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the application of Sharon Mosher requesting permission to legalize an existing parking space located in the driveway, setback 5.35 m (17.57 ft.) from the front lot line, rather than the required 6 m (19.68 ff.), on Lot 117, Registered Plan 883, 204 Westmount Road East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be generally in accordance with the drawings submitted with Minor Variance Application, Submission No. A 2002-060. 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: Carried A 2002-061 Laurelview Homes (RR) Inc. 300-304 Kestrel Place Blocks 17, 47 & 48, Registered Plan 58M-181, designated as Parts 167, 168, 193, 194, 226 and 227 on Reference Plan 58R-12968 Mr. P. Britton declared a pecuniary interest in this application as his firm acts on behalf of the applicant and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. COMMITTEE OF ADJUSTMENT 189 OCTOBER 22, 2002 Submission No.: Appearances: In Support: Contra: Public Submissions: A 2002-061 (Cont'd) Ms. Amanda Kutler, MHBC Planning Ltd. None None The Committee was advised that the applicant is requesting permission to construct a two storey single residential dwelling having a maximum building height of 11.6 m (38.05 ff.), rather than the permitted 10.5 m (34.44 ff.) and an attached garage extending 8.6 m (28.21 ff.) from the front of the habitable portion of the dwelling, rather than the permitted 1.8 m (5.9 ff.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 15, 2002 - in support, subject to the dwelling be constructed in general accordance with the plan submitted with the application; The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Ms. Amanda Kutler, agent for the applicant, advised that she had reviewed the staff report and was in agreement with the staff recommendation. In response to questions from Mr. S. Kay, Ms. Kutler advised that a single dwelling is to be custom built for the purchaser over two lots that have merged on title. Ms. Kutler also provided an illustration of the design of the dwelling to demonstrate the variances respecting the location of the garage and the dwelling height. Mr. Kay commented that given the dwelling will be located within a newly forming subdivision rather than infill within an established neighbourhood, he could support the application. Moved by Mr. B. Isaac Seconded by Mr. S. Kay That the application of Laurelview Homes (RR) Inc. requesting permission to construct a two storey single residential dwelling having a maximum building height of 11.6 m (38.05 ff.), rather than the permitted 10.5 m (34.44 ff.) and an attached garage extending 8.6 m (28.21 ff.) from the front of the habitable portion of the dwelling, rather than the permitted 1.8 m (5.9 ft.), on Blocks 17, 47 & 48, Registered Plan 58M-181, designated as Parts 167, 168, 193, 194, 226 & 227 on Reference Plan 58R-12968, 300-304 Kestrel Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall be generally in accordance with the plan illustrating the dwelling to be constructed, dated September 20, 2002, as submitted with Minor Variance Application, Submission No. A 2002-061. 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 COMMITTEE OF ADJUSTMENT 190 OCTOBER 22, 2002 Submission No.: Applicant: Property Location: Legal Description: A 2002-062 Terra View Homes 2 Coopershawk Street Part Block 8, Registered Plan 58M-181, designated as Part 69 on Reference Plan 58R-12968 Appearances: In Support: Mr. David Bricks, Terra View Homes Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to construct a driveway to be located 8 m (26.24 ff.) from the intersection of the street lot lines abutting the subject property, rather than the required 9 m (29.52 ff.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - October 10, 2002 - opposed; a previous by-law amendment reduced the 12 m setback from an intersection to 9 m and staff are of the opinion that since this lot is unable to meet the revised minimum setback a double car garage/driveway is not appropriate development; The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending refusal of the application and enquired if Mr. Bricks had anything further to add. Mr. David Bricks pointed out that the lot directly behind the subject property constructed a garage and driveway in a similar fashion and plans for the subject property were shown to Traffic staff who advised that they had no difficulty with the proposed design. Mr. P. Britton advised that he had been involved in the original plans for the subdivision and did not feel that he had a conflict of interest with respect to this particular application; however, he enquired if Mr. Bricks had a concern with his participation. Mr. Bricks advised that he had no concern with Mr. Britton participating in discussion and voting with respect to this application. Mr. P. Britton commented that the purpose of the design guidelines are to minimize the impact of the garage on the streetscape and to ensure proper visibility for vehicular traffic. In this regard, he pointed out that Traffic staff have no concern with respect to the issue of visibility and the proposed design, in his opinion, would enhance the streetscape. Accordingly, he stated that he was prepared to support the application. Mr. Kay further commented that notwithstanding the revision to the Zoning By-law with respect to the minimum setback, the mandate of the Committee of Adjustment is to consider variances to the standard regulations and given there are no traffic issues he was also prepared to support the application. Mr. B. Sloan commented that at the time the report was written the position of Traffic staff was unknown. Mr. Sloan stated that he could agree that the design of the garage would enhance the streetscape; however, the issue of the driveway still remains. He suggested that the driveway could be constructed in such a manner as to not encroach within the visibility triangle. Mr. Bricks stated that the purchaser would not oppose narrowing the driveway; however, pointed out that he had been advised by the surveyor that he would be unable to obtain a building permit if the driveway was narrowed as suggested by Mr. Sloan. COMMITTEE OF ADJUSTMENT 191 OCTOBER 22, 2002 Submission No.: A 2002-062 (Cont'd) Following further discussion, members of the Committee indicated that they were prepared to support the application as requested. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Terra View Homes requesting permission to construct a driveway to be located 8 m (26.24 ff.) from the intersection of the street lot lines abutting the subject property, rather than the required 9 m (29.52 ff.), on Part Block 8, Registered Plan 58M-181, designated as Part 69 on Reference Plan 58R-12968, 2 Coopershawk Street, APPROVED. It is the opinion of this Committee that: CONSENT Kitchener, Ontario, BE 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. Carried Submission No.: Applicant: Property Location: Legal Description: B 2002-031 Waterloo Catholic District School Board 154 Gatewood Road Part Block A, Plan 876 and Part of Lot 11, Plan 786, designated as Part 1 on Reference Plan 58R-13398 Appearances: In Support: Mr. Ulrich Roetsch, Roetsch & Schaffer Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission for granting of an easement in favour of Bell Canada for installation of an electronic switching box, located at the northwesterly corner of the subject property adjacent to Queen's Boulevard and having an area of 49 m2 (527.44 sq. ff.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 10, 2002 - in support; The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Roetsch had anything further to add. Mr. Roetsch advised that he had reviewed the staff report and was in agreement with the recommendation. COMMITTEE OF ADJUSTMENT 192 OCTOBER 22, 2002 Submission No.: B 2002-031(Cont'd) Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of the Waterloo Catholic District School Board requesting permission for granting of an easement in favour of Bell Canada for installation of an electronic switching box, located at the northwesterly corner of the subject property adjacent to Queen's Boulevard and having an area of 49 m2 (527.44 sq. ff.), on Part Block A, Plan 876 and Part Lot 11, Registered 786, designated as Part 1 on Reference Plan 58R-13398, 154 Gatewood Road, Kitchener, Ontario, BE GRANTED. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 22, 2004. Submission No.: Applicant: Property Location: Legal Description: B 2002-032 Hulda Unger 105 Morrison Road Lot 5, Registered Plan 868 Appearances: In Support: Mr. Kent Campbell, Brubacher & Associates Contra: None Public Submissions: None Carried The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 16, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application subject to certain conditions and enquired if Mr. Campbell had anything further to add. The Committee was advised that the applicant is requesting permission to create one new lot for residential use having frontage on Morrison Road of 19.8 m (64.96 ff.), by a depth of 45.72 m (150 ft.) and an area of 907.6 m2 (9,769.64 sq. ff.). COMMITTEE OF ADJUSTMENT 193 OCTOBER 22, 2002 Submission No.: B 2002-032 (Cont'd) Mr. Kent Campbell, agent for the applicant, advised that his client is elderly and has no plans to build on the severed parcel. He further commented that it is likely his client will sell both parcels and in this regard, raised concern that his client would be required under Conditions 2 and 3 to finance servicing and landscaping for the severed parcel. Following discussion, it was agreed that Conditions 2 and 3 would be amended to permit an agreement to be registered on title to require financial arrangements to be made prior to issuance of any building permits. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Hulda Unger requesting permission to convey a parcel of land for residential use having frontage on Morrison Road of 19.8 m (64.96 ff.), by a depth of 45.72 m (150 ft.) and an area of 907.6 m2 (9,769.64 sq. ff.), on Lot 5, Registered Plan 868, 105 Morrison Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. 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 which may be in the form of an agreement registered on title to the severed and retained lands acknowledging that the owner of the severed land is responsible to install at their cost, all boulevard landscaping including street trees and a paved driveway ramp on the severed lands and said payment shall be made to the City of Kitchener prior to the issuance of any building permits for the severed lands and the owner of the severed lands further agrees to give notice of said agreement to any prospective purchaser in an agreement of purchase and sale. 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 which may be in the form of an agreement registered on title to the severed and retained lands acknowledging that the owner of the severed land is responsible to install at their cost, all new service connections to the severed lands and said payment shall be made to the City of Kitchener prior to the issuance of any building permits for the severed lands and the owner of the severed lands further agrees to give notice of said agreement to any prospective purchaser in an agreement of purchase and sale. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall 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 include the following: a) That the owner agrees to submit a building location plan showing the proposed location of all buildings (including accessory buildings) decks and driveways and the location, species, size and condition of all existing trees on the lands to be severed and to obtain approval of same from the City's Principal Planner and where necessary, implemented prior to any grading, tree removal, or the issuance of any building permits. b) That owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. COMMITTEE OF ADJUSTMENT 194 OCTOBER 22, 2002 Submission No.: B 2002-032 (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 October 22, 2004. Submission No.: Applicant: Property Location: Legal Description: Carried B 2002-033 Robert & Helen Simpson 603 Guelph Street Part of Park Lot 551, Registered Plan 378, designated as Part 2 on Reference Plan 58R-13212 Appearances: In Support: Contra: Public Submissions: In Support: Contra: Mr. Robert Simpson Mr. Franz Kaudewitz Mr. Siegfried Ruthardt None Mr. Siegfried Ruthhardt The Committee was advised that the applicant is requesting permission to create one new lot for residential use having frontage on Guelph Street of 10.55 m (34.61 ff.), by a depth of 37.07 m (121.62 ff.) and an area of 391 m2 (4,208.82 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 11,2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - October 16, 2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo - October 16, 2002 · Grand River Conservation Authority - October 15, 2002; Mr. Siegfried Ruthardt - October 16, 2002 - opposed; concerns raised relate to the narrow width of the proposed lot resulting in close proximity of any new structure to his property and removal of mature trees. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application subject to certain conditions and enquired if the applicant had anything further to add. Mr. Robert Simpson commented that the severed parcel was to be sold to Habitat for Humanity COMMITTEE OF ADJUSTMENT 195 OCTOBER 22, 2002 Submission No.: B 2002-033 (Cont'd) and the architect had advised that the two trees, recently removed, could not be saved because of the need to accommodate servicing on the severed parcel. Mr. Simpson further advised that he had received permission from the City of Kitchener to remove the trees and one had been found to be in hazardous condition at the time it was cut down. Mr. Siegfried Ruthardt raised concern with respect to the proposed sale of the severed parcel and requested that if the application was approved, the driveway for the new lot not be located abutting his property. In response to a question from Mr. Kay, Mr. Simpson advised that he would have no objection to the Committee imposing a condition of approval respecting the location of the driveway. Mr. Franz Kaudewitz advised that his property was located to the rear of the severed parcel and raised concern with the nature of the dwelling to be constructed. Mr. Kaudewitz was advised that the dwelling would be required to be setback a minimum of 7.5 m from the rear lot line of the severed parcel and would be further buffered by the lane existing between the two properties. Mr. Kaudewitz also referred to building height and was advised that a maximum height of 10.5 m would be permitted. Mr. Simpson pointed out that Habitat for Humanity has indicated they intend to construct a bungalow and accordingly, in his opinion, the building height should not be of concern. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Robert and Helen Simpson requesting permission to convey a parcel of land for residential use having frontage on Guelph Street of 10.55 m (34.61 ft.), by a depth of 37.07 m (121.62 ft.) and an area of 391 m2 (4,208.82 sq. ft.), on Part of Park Lot 551, Registered Plan 378, designated as Part 2 on Reference Plan 58R-13212, 603 Guelph Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall 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. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of the boulevard landscaping including street trees and a paved driveway ramp on the severed and/or retained lands. 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 which shall include the following: a) That the owner shall prepare a Landscape Plan for the severed lands to compensate for the removal of the trees existing at the time of the previous consent application, to be approved by the City's Principal Planner prior to the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, driveway and landscaped area. b) That the owner shall further agree to implement and maintain the approved Landscape Plan for the life of the development. No changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. c) That the owner shall further agree to locate the driveway to the severed lands on the easterly side of the subject lands, rather than on the west side adjacent to 595 Guelph Street. COMMITTEE OF ADJUSTMENT 196 OCTOBER 22, 2002 Submission No.: B 2002-033 (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 October 22, 2004. Carried ADJOURNMENT On motion, the meeting adjourned at 12:35 p.m. Dated at the City of Kitchener this 22nd day of October, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment