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HomeMy WebLinkAboutAdjustment - 2007-03-20COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 20.2007 MEMBERS PRESENT: Messrs. D. Cybalski, M. Hiscott & Ms. C. Balcerczyk. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. T. Kraemer, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:16 a.m. MINUTES Moved by Mr. M. Hiscott Seconded by Ms. C. Balc erczyk That the minutes of the regular meeting of the Committee of Adjustment, of February 20, 2007 as mailed to the members, be adopted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-094 Applicant: BNAI Fishel Inc. Property Location: 4220 King Street East Legal Description: Part of Lot 9, Beasley's Broken Front Concession As no one appeared in support of this application, the Committee generally agreed to defer its consideration of this matter to its meeting scheduled for Tuesday April 17, 2007. 2. Submission No.: A 2007-006 Applicant: David Bossence Property Location: 6 Chicopee Terrace Legal Description: Lot 77, Registered Plan 1114 Appearances: In Support: Mr. D. Bossence Mr. W. Czurlok Ms. N. Reid Mr. D. Davenport Mr. S. Rodrigues Contra: None Written Submissions: Mr. & Mrs. D. Grzella Mr. W. Czurlok Mr. & Mrs. T. Kraenzle Ms. N. Reid Ms. C. Pentsa Mr. & Mrs. D. Davenport Mr. R. Russler Mr. & Mrs. J. Ecsedi Mr. R. Dunn COMMITTEE OF ADJUSTMENT 47 MARCH 20, 2007 2. Submission No.: A 2007-006 tCont'd) Mr. & Mrs. N. Moss Mr. S. Rodrigues Mr. & Mrs. L. Kohlsmith Ms. M. Deter Mr. D. Bossence Ms. K. Stevenson Mr. C. Houston The Committee was advised that the applicant requests permission to have 3 employees for a home business rather than the permitted 1 employee. The Committee considered the report of the Development and Technical Services Department, dated March 2, 2007, advising that the subject property, municipally known as 6 Chicopee Terrace, is located on the south side of the cul-de-sac. Residential uses are located on adjacent lands to the north, west and east, while Chicopee Park is situated further to the east of the property. The applicant has requested permission to have 3 employees for his web-based home business where the by-law currently only allows one employee and three customers. The subject lands are designated `Low Rise Residential' in the City's Municipal Plan and are zoned `Residential Three Zone (R3)' according to Zoning By-law 85-1. Both the designation in the Municipal Plan and the zoning of the subject property permits a home business to be conducted within the residential setting. From the aerial photography and the supporting information provided by the applicant, it would appear that the subject lands are able to provide sufficient on site parking for all three employees as well as the owner. The house on the subject lands has a three car garage and a large driveway, which would easily accommodate the 2 spaces required for the house as well as the additional 3 spaces for the employees on site. The intent of the Low Rise Residential designation in the Municipal Plan is to accommodate a full range of housing types, while achieving an overall low intensity of use. This designation also makes provisions for and permits non-residential uses to be located within these areas in order to provide service and conveniences to the residents within these areas. The applicant's request to have his home business would appear to be consistent with the general intent of the Municipal Plan as it does not dominate the use of the property which is still foremost a residence for the applicant. With respect to intent of the Zoning By-law, home businesses are recognized and encouraged in the residential areas provided certain criteria can be met. The intent of the by-law is to allow the flexibility to the homeowner to work from home, but to minimize the impacts of anon-residential use on surrounding residences, so as not to detract from the residential character of the area. In this regard, the home business has to be completely contained within the existing building, cannot have any outside storage, can not display any goods from the street, including signs, cannot exceed 25 % of the G.F.A., has to provide sufficient on-site parking, shall conduct the business so as not to attract customers/ clients to the site in excess of 3 at any one time, shall not create noise, odour, dust or vibrations outside of the building. The applicant's business is a web-based business and as such does not produce or manufacture anything on-site. The applicant can adequately provide for parking on the site for a maximum of three employees requested which results in no spill over parking on to the street itself. The applicant has posted no signs on his property that would suggest that a business is going on from the property. The employees are on site from 8:30 am to S:OOpm on weekdays and there is no activity on weekends with respect to the business. The applicant has no clients coming and going to the site and only has a courier coming twice a week. This would definitely be consistent with the intent of the by-law to minimize impacts to the adjacent landowners and to maintain the integrity of the residential character of the area. In addition, the applicant has his neighbours' support for his home business. COMMITTEE OF ADJUSTMENT 48 MARCH 20, 2007 2. Submission No.: A 2007-006 tCont'd) The Zoning By-law currently allows one employee for the home business and up to 3 customers at one time for a total of 4 persons coming to the site other than the owner/resident. The applicant is proposing three employees and has no clients coming and going to and from the site, which would also be a total of 3 persons coming to the site, with one exception, three employees would be coming and staying all day and then leaving which would result in only 2 trips per employee per day, whereas up to three customers coming and going at any one time throughout the day could generate significantly more trips to and from the site. In turn, the impact to the neighbourhood and its residential character would appear to be less of an impact with 3 employees staying the day than what the by-law currently permits with a maximum of 3 customers at any one time. The applicant has made a significant investment into his property, which would make it difficult to relocate his business outside of his home at this time and would result in his having to let staff go. This would create an undue hardship to the applicant, who is trying to establish his business. In addition, although the Committee does not make its decision based on precedent, a similar application was granted by the Committee on March 29, 2004 (A2004-16). The Municipal Plan supports mixed uses and their integration into the residential area, the zoning by-law allows home businesses, so long as the residential character is not compromised and the overall intent is maintained. With respect to the criteria for granting a minor variance in Section 45(1) of the Planning Act, R.S.O. 1990, c.P.13, the use of subject lands conforms to the City's Municipal Plan and generally meets the intent of the Zoning By-law. The applicant's home business is desirable and an appropriate use of the subject lands as no negative impacts to adjacent lands have resulted to date, nor are any anticipated should the additional employees be permitted. The application could be supported conditional on this being aweb-based business, which does not generate the traffic to and from the site from its clients as would other more traditional businesses. Planning Staff recommend that the application for 3 employees be approved for this site subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The variance to permit up to a maximum of three employees shall be permitted so long as the home business remains aweb-based business, which does not generate the client trips to and from the site typical of more traditional business operated from the home. Should the type of home business change to a more traditional form, then Section 5.13 (2) of the by-law shall continue to apply. Transportation Planning staff advised that they have reviewed this application and have no concerns with the proposed variance, provided that employee's vehicles are parked and kept on the subject property, and not on the City street. It would appear given the size of the subject property that this will not be an issue. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated March 8, 2007, advising they have no concerns with this application. Mr. Parent advised the Committee that there is more than enough room on this site to provide the necessary parking for 3 employees and the owner, and staff is not concerned about any tandem parking. The Chair commented on the previous application noted in the staff report. He noted that conditions were imposed by the Committee of the day to prohibit signs and restricting clients/customers from coming to that property. COMMITTEE OF ADJUSTMENT 49 MARCH 20, 2007 2. Submission No.: A 2007-006 tCont'd) Moved by Mr. D. Cybalski Seconded by Mr. M. Hiscott That the application of David Bossence requesting permission to have 3 employees for a home business rather than the permitted 1 employee, on Lot 77, Registered Plan 1114, 6 Chicopee Terrace, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The variance to permit up to a maximum of three employees shall be permitted so long as the home business remains aweb-based business, which does not generate the client trips to and from the site typical of more traditional business operated from the home. Should the type of home business change to a more traditional form, then Section 5.13 (2) of the by-law shall continue to apply. 3. That there shall be no customers/clients frequenting this property. 4. That there shall be no signs on this property to advertise this web-based home business. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 3. Submission No.: A 2007-007 Applicant: Alexena Holdings Property Location: 866 Frederick Street Legal Description: Lot 8, being Parts 2, 3 and 4, Registered Plan 688 Appearances: In Support: Mr. V. Boeriu Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition with a southwesterly side yard of 4.4m (14.43') rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated March 6, 2007, advising the subject property is located on the North side of Frederick Street near the intersection of Frederick Street and Avon Road. The property is zoned Community Institutional Zone (I-2) with special provision 93U and is designated as Low Rise Residential in the Municipal Plan. The applicant is proposing to expand an existing health clinic at 866 Frederick Street and will require a reduction in the required side yard setback from 6.0 metres to 4.39 metres to accommodate the expansion. The applicant has applied for site plan approval and a Site Plan Review Committee meeting has been scheduled for March 14, 2007. COMMITTEE OF ADJUSTMENT 50 MARCH 20, 2007 3. Submission No.: A 2007-007 tCont'd The Low Rise Residential designation is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing and the Community Institutional Zone (I-2) permits a health clinic. The purpose of side yard setbacks in the Zoning By-Law is to maintain an adequate buffer between development and the neighbouring properties. The south-western property line at 866 Frederick Street and the neighbouring building at 844 Frederick Street which is owned by the Boy Scouts of Canada, are both delineated by trees and landscaping. The distance separation is in excess of 40 metres from the proposed building to the neighbouring building at 844 Frederick St and the existing landscaping contributes to an appropriate level of privacy between the proposed development and the immediate neighbour at 844 Frederick Street. The expansion also allows the applicant to continue a use which is encouraged in the Low Rise Residential designation and as a result the proposed variance maintains the general intent of the Zoning By-law and the Municipal Plan. The existing landscaping and spatial separation between the applicants' property and the neighbour to the west ensures an adequate degree of privacy between the neighbours. As a result, the variance should not significantly impact the neighbouring property and therefore, the effect of the variance is minor. The property at 866 Frederick Street is bordered by commercial properties to the rear and institutional properties on both sides of the development. The proposed building addition appears to be sufficiently separated from surrounding properties and the building massing will be addressed through the site plan approval process to ensure that the structure is compatible with the surrounding community. As such, the proposed variance may be considered to be appropriate for the proper development of the area. It is the opinion of staff that the proposed variance meets Municipal Plan policy and Zoning By-Law regulations and is considered to be proper and orderly development. The uses of the property are consistent with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and they conform to or do not conflict with any applicable provincial plan or plans. Staff recommend that Submission No. A2007-007 be approved. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated March 8, 2007, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Alexena Holdings requesting permission to construct an addition with a southwesterly side yard of 4.4m (14.43') rather than the required 6m (19.68'), on Lot 8, Registered Plan 688, being Parts 2, 3 & 4, Reference Plan 58R-2380, 866 Frederick Street, 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 4. Submission No.: A 2007-008 Applicant: Irving Ungerman Ltd. Property Location: 413 Highland Road West Legal Description: Part of Lot 38, being Part 1, Compiled Plan 786, Reference COMMITTEE OF ADJUSTMENT 51 MARCH 20, 2007 4. Submission No.: A 2007-008 tCont'd) Appearances: In Support: Mr. S. Mat Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of a northeasterly side yard for a commercial building, of 2.49m (8.16') rather than the required 3m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated March 7, 2007, advising that the applicant is requesting permission to legalize the existing east side yard setback of 2.49 metres (8.16 ft) instead of the required 3.0 metres (9.84 ft.). The property is located on the south side of Highland Road West, east of Westmount Road in the St. Mary's Hospital Planning Community at 413 Highland Road West. The property is designated as "Mixed Use Node" in the Municipal Plan which permits a full range of commercial uses and is zoned Arterial Commercial Six (C-6). The existing building on the subject property is aone-storey building providing financial services (Royal Bank of Canada). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated in the Municipal Plan as Mixed Use Node and these nodes are intended to serve an inter-neighbourhood function and allow for intensive, transit supportive development in a compact form. Further, it is intended that the Mixed Use Nodes will intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Staff is of the opinion that the proposed minor variance will maintain the Municipal Plan's intent and that the reduction in side yard setback is appropriate in scale and use to the surrounding uses. The variance meets the intent of the Zoning By-law because of the truly minor nature of the requested variance. Due to the irregular shape of the lot, the entrance and exit points are accommodated by the west side yard of the property. Therefore, the 0.51 metre relief from the east side yard setback requirement will not hinder the intent and function of the side yard. The variance is minor for the following reason. The variance is such a small deviation from the side yard setback requirement that it makes no impact both physically and aesthetically to the streetscape and function of the side yard. The variance is appropriate for the development and use of the land for the following reasons. The building has existed on the site for over 30 years and the proposed reduction is minimal and has no significant impact on the surrounding lands. Approval of the variance will allow for the legalization of the east side yard setback of the building. Staff is of the opinion that the reduction in side yard set back is minor in nature, appropriate development as the building is existing, and maintains the general intent of both the zoning by law and the municipal plan. Based on the foregoing, Planning Staff recommends that the application be approved. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated March 8, 2007, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT 52 MARCH 20, 2007 4. Submission No.: A 2007-008 tCont'd) Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Irving Ungerman Ltd. requesting legalization of a commercial building having a northeasterly side yard of 2.49m (8.16') rather than the required 3m (9.84'), on Part of Lot 38, Registered Compiled Plan 786, being Part 1, Reference Plan 58R-1089, 413 Highland Road West, 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 5. Submission No.: A 2007-009 Applicant: ROOF Property Location: 242 Queen Street South Legal Description: Part 57, Reference Plan 393 Appearances: In Support: Mr. D. Bailey Ms. S. Bell Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a new building to have a floor space ratio of 0.74 rather than the required 1, and permission to provide 6off-street parking spaces rather than the required 26. The Committee considered the report of the Development and Technical Services Department, dated March 11, 2007, advising that the subject property is located along Queen St. S. between Jubilee Drive and Joseph St in the planning community of Victoria Park. The property is designated `Mixed Use Corridor' in the Official Plan, zoned CR-3, and is located in a diverse neighbourhood consisting of single detached dwellings, residential towers and commercial buildings. The applicant is requesting a minor variance to allow six parking spaces whereas the zoning by-law requires 26. Further, the applicant is requesting a 0.75 floor space ratio whereas the minimum by-law requirement is 1.0. Historically, the property housed ROOF, a daytime shelter for street youth, before the building burned down in 2006. The variances are for the proposed new ROOF building to be constructed on the site. In considering the four tests for minor variances as outlined in Section 45 (1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Municipal Plan for the following reasons. S. 4.3 of the Official Plan `Mixed Use Corridors' indicates that appropriate commercial uses that serve adjacent residential neighbourhoods will be permitted within the corridors, that parking may be required to locate in the rear, and that any proposed development shall be compatible with surrounding residential neighbourhoods. The proposed development is a commercial use that serves the adjacent downtown neighbourhood, will have rear yard parking and the design is compatible with abutting residential properties. COMMITTEE OF ADJUSTMENT 53 MARCH 20, 2007 5. Submission No.: A 2007-009 tCont'd) The variance meets the intent of the Zoning By-law for the following reasons. The purpose of the parking requirement is to provide sufficient parking for the use on the property. The clients that will be using the facility at 242 Queen St. S. do not own vehicles and mostly travel via public transportation or "walk in". The six parking spaces provided will be able to accommodate staff parking needs as they existed prior to 2006. Furthermore, plans indicate that the basement will be used for storage lowering the required parking spaces based on the gross floor area. The purpose of the minimum 1.0 floor space ratio regulation is to encourage density within the Mixed Use Corridor. The proposed building is larger than the existing structure that formerly housed ROOF and any increases in size would require additional parking. The variances are minor for the following reasons. Sufficient parking for the facility will be provided and the deviation from the by-law can be justified by the nature of the clients. Further, the lower floor space ratio variance is minor in that the proposed building is larger and occupying a higher floor space ratio than the previous structure. The variance is appropriate for the development and use of the land for the following reasons. ROOF provides a valuable service to the street youths of Kitchener and improves the quality of life in Kitchener and as such, Staff are prepared to support the variance so long as this use remains on the subject lands. However, Staff recognizes that if the use of the subject property changes, the parking needs will subsequently change. Therefore, Staff feels the proposed parking variance should only apply to the current use on the property. If the use changes in the future, the parking variance should be revisited. Based on the foregoing, Planning staff recommends that the application be approved, subject to condition: 1. That the variance lowering the required parking spaces from 26 to 6 will only be permitted for the current commercial use as a daytime teenage drop-in centre on the property. Should the use on the property change then, the variance will no longer apply and the parking requirements will be revisited accordingly. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated March 8, 2007, advising that they have no concerns with this application, and that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 99-038 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. Mr. Bailey advised that the proposal is to rebuild a building for "ROOF". This use has 5 employees. The proposed building will be larger than the previous one which was destroyed by fire but it will be less than the required floor space ratio of 1. With respect to the parking reduction, Mr. Parent advised that every application is unique, and given the use of this property, the parking reduction is justified. Also, he noted that the property is on a transit line. The Chair noted that the staff recommendation refers to a "daytime drop-in centre". Upon questioning, Ms. Bell noted that ROOF is open each day until 11 p.m.; however, no overnight accommodation is provided. It was generally agreed by the Committee that the term "daytime" be removed from the requested condition. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of ROOF requesting permission to construct a new building to have a floor space ratio of 0.74 rather than the required 1, and to provide 6off-street parking spaces rather than the required 26, on Part 57, Registered Plan 393, 242 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 54 MARCH 20, 2007 5. Submission No.: A 2007-009 tCont'd) 1. That the variance as approved in this application to reduce the required off-street parking from 26 spaces to 6 spaces shall only be permitted for the current commercial use of this property as a teenage drop-in centre; should the use on the property change the variance will no longer apply and the parking requirements will be revisited accordingly. 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 CONSENTS 1. Submission Nos.: B 2007-008 & B 2007-009 Applicant: Sandhills Residential Retirement Community Inc. Property Location: 179 Queen Street South & 189 Queen Street South Legal Description: Part Lots 35 & 36. Registered Plan 393 Appearances: In Support: Mr. D. Jutzi Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever 2 parcels of land at 179 & 189 Queen Street South from 20 St. George Street. The property at 179 Queen Street South will have a width on Queen Street of 13.879m (45.53'), a depth of 26.369m (86.51'), and an area of 365.89 sq. m. (3,938.53 sq. ft.), which will contain the existing house. The property at 189 Queen Street South will have a frontage on Queen Street of 12.648m (41.49'), a depth of 26.369m (86.51'), will have an area of 333.5 sq. m. (3,589.88 sq. ft.), which will contain the existing house. The retained land at 20 St. George Street will have a width on Queen Street of 27.773m (91.118'), a width along St. George Street of 39.093m (128.25'), an area of 2,852.6 sq. m. (30,706.13 sq. ft.), which will contain the existing 58 unit residential building. The Committee considered the report of the Development and Technical Services Department, dated March 6, 2007, in which they advise that the subject property is located at the corner of Queen St. S. and St. George Street in the planning community of City Commercial Core. The property is designated `Commercial Residential' in the Downtown Land Use District of the Official Plan, located in the Victoria Park Heritage Conservation District, and is zoned D-5. The surrounding neighbourhood is very diverse consisting of single detached dwellings, residential towers and commercial buildings. The property currently contains two single detached dwellings fronting onto Queen St. S. and a five story 58 unit apartment building in the rear. Historically, the two single detached dwellings were separate lots and were merged on a land compilation in 1999. The applicant is requesting consent to sever the two lots from the northwestern section of the property to accommodate the existing single detached dwellings. The retained lot would contain the existing apartment building and would maintain its access to Queen St. S. There will be no buildings constructed or uses changed with this application. COMMITTEE OF ADJUSTMENT 55 MARCH 20, 2007 1. Submission Nos.: B 2007-008 & B 2007-009 tCont'd) Severed lot "A" (179 Queen St. S.) will have frontage of 13.87m, a depth of 26.76m and an area of 366.17m2. Severed lot "B" (189 Queen St. S.) will have a frontage of 12.65m, a depth of 26.37m and an area of 333.76m2. The retained lot will have a frontage on Queen St. S. of 27.77m, a depth of 65.3m, a frontage on St George Street of 39m, a depth of 54.35m and a total area of 2,847m2. Both severed and retained lots comply with all applicable zoning by-laws. The severances comply with the Official Plan designation 8.2.3 which states that the primary uses in the district will be residential, small office and institutional. Further, there are no heritage concerns regarding the consent application. 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 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, especially with those lots on the opposite side of the street. Based on the foregoing, Planning staff recommend that the application be approved, subject to conditions: 1. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% residential of the value of the lands 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 lands and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copy 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 March 12, 2007, advising that that prior to final approval, the owner/applicant will be required to retain a noise consultant approved by the Region of Waterloo to undertake a Noise Study for the severed lands to address any mitigation measures which may be necessary due to transportation noise from Queen Street South. If necessary, the owner/applicant shall enter into an agreement with the City of Kitchener to provide for implementation of the approved study. The Committee considered the report of Kitchener-Wilmot Hydro Inc. dated March 16, 2007, advising the applicant must make satisfactory arrangements for the provision of electrical servicing to the lands to be severed and for the granting of any easements required. Mr. Jutzi advised the current land holding is a compilation undertaken by Benton Street Baptist Church in order to develop affordable housing. At this time, they have determined that they do not require these 2 houses. These two properties are now being severed for mortgage purposes. With respect to the report from the Region of Waterloo, Mr. Jutzi disagreed with the owner having to undertake a noise study, as one would have been done when the apartment building was developed on the retained land. With respect to the request of Kitchener-Wilmot Hydro, and the City's requested condition for sewer and water connections, Mr. Jutzi advised that houses already exist on these lands and they are fully serviced. COMMITTEE OF ADJUSTMENT 56 MARCH 20, 2007 1. Submission Nos.: B 2007-008 & B 2007-009 tCont'd) Mr. Parent advised there is an assumption that there is only one service to the entire property, and there needs to be separate connections to each of the parcels to be created. He recommended adding the words "if required" to these conditions. Mr. Jutzi then addressed the City's request for parkland dedication noting that these properties have been develop for approximately 100 years, and no increase in density is being proposed at this time. Submission No. B 2007-008 Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Sandhills Residential Retirement Community Inc. requesting permission to sever a parcel of land having a width on Queen Street of 13.879m (45.53') by a depth of 26.369m (86.51') and an area of 365.89 sq. m. (3,938.53 sq. ft.), on Part Lots 35 & 36, Registered Plan 393, 179 Queen Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That, if required, the owner shall make arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed, including any necessary easements.. 2. That, if required, the owner shall make financial arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 20, 2009. Carried COMMITTEE OF ADJUSTMENT 57 MARCH 20, 2007 Submission Nos.: B 2007-008 & B 2007-009 tCont'd) Submission No. B 2007-009 Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Sandhills Residential Retirement Community Inc. requesting permission to sever a parcel of land having a width on Queen Street of 12.648m (41.49') by a depth of 26.369m (86.51') and an area of 333.5 sq. m. (3,589.88 sq. ft.), on Part Lot 36, Registered Plan 393, 189 Queen Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That, if required, the owner shall make arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed, including any necessary easements. 2. That, if required, the owner shall make financial arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 4. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 20, 2009. Carried ADJOURNMENT On motion, the meeting adjourned at 10:48 a.m. Dated at the City of Kitchener this 20th day of March 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment