Loading...
HomeMy WebLinkAboutAdjustment - 2007-04-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 17, 2007 MEMBERS PRESENT: Messrs. M. Hiscott, A. Head & 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. R. Brent, Assistant Secretary- Treasurer. Mr. M. Hiscott, Vice-Chair, called this meeting to order at 9:42 a.m. MINUTES Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the minutes of the regular meeting of the Committee of Adjustment, of March 20, 2007 as mailed to the members, be adopted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2006-094 Applicant: BNAI Fishel Inc. Properly Location: 4220 King Street East Legal Description: Part of dot 9, Beasley's Broken Front Concession Appearances: In Support: D. Rodrigues Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a driveway aisle in the parking lot to have a set back, at the southerly corner, of 1.5m (4.92') from the lot line along King Street East, rather than the required 3m X9.84'). The Committee considered the report of the Development and Technical Services Department, dated March 2, 2007, advising that the subject property municipally known as 4220 King Street East is located on the north side of King Street. Arterial Commercial uses are located on adjacent lands to the north and east of the subject lands, while lands to the south and on the opposite side of King Street consist of a Commercial Campus C-8 zone. The applicant has requested a variance to recognize an error which occurred during construction of a drive aisle to the parking lot on the east side of the property which resulted in a 1.5 metre curbed landscape strip rather than the required 3.0 metres setback normally required for the front yard landscaped strip. The affect of the variance would bring the site into conformity with the Zoning By-law. COMMITTEE OF ADJUSTMENT 59 APRIL 17, 2007 1. Submission No.: A 2006-094 (Cont'd~ The subject lands are designated `Planned Commercial Campus' in the City's Municipal Plan and are zoned `Commercial Six (C-6)' according to Zoning By-law 85-1. Both the designation in the Municipal Plan and the zoning of the subject property permits the proposed commercial retail use of the subject lands. The site includes a restaurant and a furniture store. The site can accommodate the uses and provide for sufficient on site parking. During construction of the curb an error occurred bringing the existing curb containing the landscape strip 1.5 metres from the street line as opposed to the required 3.0 metres from the street line. 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. It is desirable that the lands are brought into conformity with the provisions of the C-6 zone. This is an appropriate use of the subject lands as no negative impact to adjacent lands are anticipated. The application for minor variance meets the four tests under Section 45 of the Planning Act, and in this regard, Planning Staff recommends that the application be approved subject to the following conditions: 1. 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 subject lands. 2. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 3. That the owner shall make arrangements satisfactory with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 23, 2006, advising they have no concerns with this application. Mr. Rodrigues advised that this is an existing situtation, and the variance was created by the contractor when laying out the parking aisles. With respect to patrons parking on neighbouring properties, Mr. Rodrigues advised that Mandarin Restaurants usually experience a lot of people coming to their restaurant within the first 6 months of operation, but patronage usually calms down to a normal level after the first 6 months. Further, the owners of the restaurant have met with adjacent neighbours and have placed signs in neighbouring parking lots asking their customers not to park there. Also, the abutting property owner has erected a barrier to prevent overflow parking from the Mandarin from parking on their property. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of BNAI Fishel Inc. requesting legalization of an existing driveway aisle in the parking lotto have a set back of 1.5m (4.92') from the lot line along King Street East, rather than the required 3m (9.84'), on Part of Lot 9, Beasley's Broken Front Concession, 4220 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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 subject lands. COMMITTEE OF ADJUSTMENT 60 APRIL 17, 2007 1. Submission No.: A 2006-094 (Cont'd~ 2. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 3. That the owner shall make arrangements satisfactory with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 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 This meeting recessed at 9:50 and reconvened at 10:16 a.m. with the following members present: Ms. C. Balcerczyk and Messrs. M. Hiscott and A. Head. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2007-010 Applicant: Brad & Leah Bowman Properly Location: 285 Pandora Avenue North Legal Description: Part Lots 205 & 206, Registered Plan 768 Appearances: In Support: B. & L. Bowman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a kitchen addition to the rear of the existing dwelling to have a rear yard of 5.47m (17.94') rather than the required 7.5m X24.6'). The Committee considered the report of the Development and Technical Services Department, dated March 27, 2007, advising the subject property is located at the corner of Pandora Ave North and Liberty Ave at 285 Pandora Ave North in a Low Rise Residential District and is zoned Residential Four ~R-4). The property contains one single detached dwelling which is also the dominant building type in the surrounding area. There are single detached dwellings located on abutting lots to the south and St. Anne's Catholic School and Church located directly north of the property. The applicant is proposing to build a 4.57 metre by 3.65 metre, one-and-a-half-storey X2.44 metre high) addition onto the back of the house. The applicant is requesting a minor variance to allow a 5.47 metre rear yard setback, whereas the required rear yard setback is 7.5 metres. According to the applicant, the reasoning behind the request is to allow for an extension of the existing kitchen to provide them with some much needed living space. COMMITTEE OF ADJUSTMENT 61 APRIL 17, 2007 1. Submission No.: A 2007-010 (Cont'd In considering the four tests for minor variances as outlined in Section 451) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning stafif ofifer the following comments. The variance meets the intent of the Municipal Plan for the following reasons. The proposed addition maintains the low rise, low density residential character of the neighbourhood, enlarging a use permitted in the Low Rise Residential District asset out in the Municipal Plan X3.1.2). The variance meets the intent of the Zoning By-law for the following reasons. The intent of the rear yard setback is to provide an adequate separation between buildings and structures and to ensure privacy for adjacent properties. Planning staff are of the opinion that a reduction in the rear yard setback by 2.03 metres will not negatively impact the residential properties abutting the rear lot line of the subject property. The variance is minor for the following reasons. Approximately only a small portion of the proposed addition encroaches into the current rear yard. This small encroachment will not significantly impact the availability of amenity space on the lot and will not significantly impact adjacent residential properties. Furthermore, there is a considerable amount of vegetation along the rear lot line which effectively screens the property from the abutting residential property. The variance is appropriate for the development and use of the land for the following reasons. It is reasonable and appropriate to build an addition of these specifications and under these conditions in order to accommodate an increase in dwelling space. Planning staff recommends that the application be approved. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 10, 2007, advising they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Brad & Leah Bowman requesting permission to construct a kitchen addition to the rear of the existing dwelling to have a rear yard of 5.47m (17.94') rather than the required 7.5m (24.6'), on Part Lots 205 & 206, Registered Plan 768, 285 Pandora Avenue North, 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 2. Submission Nos.: Applicant: Properly location: Le al Description: Appearances: In Support: Contra: A 2007-011 & A 2007-012 AI Kavanaugh 701 and 711 Westmount Road West Lot 11, Registered Plan 872 & Lot 35, Registered Plan 810 K. Barisdale None COMMITTEE OF ADJUSTMENT 62 APRIL 17, 2007 2. Submission Nos.: A 2007-011 & A 2007-012 ~Cont'd~ Written Submissions: None Ms. Barisdale advised that the owner is in agreement with the staff report that these applications be deferred, in order to be revised and to arrange for the parking agreement. Ms. Barisdale did not agree with staff's interpretation of the parking situation that the driveway has been widened to the point where it is a parking lot, and that parking should be moved to the Union Street side of the property. The Chair responded that the Committee will defer its consideration of these applications as recommended by staff, and the details of parking for these properties should be worked out between the applicant and City staff, prior to these applications being considered by the Committee. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That consideration of Submission No.'s A 2007-011 and A 2007-012 be deferred as recommended in the report of the Development & Technical Services Department, dated April 11, 2007. Carried CONSENTS 1. Submission No.: B 2007-010 Applicant: R. & W. Reitzel Investments Properly Location: 18-22 Madison Avenue North Legal Description: Part Lot 22, Registered Plan 369 Appearances: In Support: W. Cline B. Reitzel Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the house at 18 Madison Avenue North from the remainder of the property. The severed land will have a width on Madison Avenue of 13.5m (44.29'), a depth of 30.175m (99') and an area of 407.3 sq. m. (4,384.28 sq. fit.). The retained land is currently vacant and will have a width of 16.98m (55.7'), an irregular shape, and an area of 2100.7 sq. m. (22,612.48 sq. fit.). The Committee considered the report of the Development and Technical Services Department, dated April 10, 2007, in which they advise that the subject property is located along Madison Avenue North between King St. East and Duke St. East in the planning community of King East. The property is designated `Medium Density Multiple Residential' in the King Street East Secondary Plan, zoned R-7 and is located in a older residential neighbourhood consisting of single detached homes, residential buildings, and commercial establishments. The applicant is requesting consent to sever a single lot from the southwest corner (left side) of the property to accommodate an existing two story single detached dwelling. The retained lot will continue to contain a single detached dwelling and a commercial establishment in the rear. The proposed severed lot will have a frontage of 13.5m, a depth of 30.17m and an area of 407.3m2. The retained lot will have a frontage of 16.98m, a depth of 90.84m and an area of 2,521.46m2. Both severed and retained lots comply with all applicable zoning by-laws, however, the severed lot does not contain a driveway. Currently along Madison Avenue North, driveways are located along the right (northeastern) side of the dwellings. To COMMITTEE OF ADJUSTMENT 63 APRIL 17, 2007 1. Submission No.: B 2007-010 f Cont'd accommodate this pattern and promote neighbourhood conformity, Planning staff advise that the proposed property line between the severed and retained lots be shifted 1 m to the right (northeast) to comfortably accommodate a driveway on the severed lot. By doing this, the severed lot will have a frontage of 14.5m, a depth of 30.17m and an area of 437.53m2. The retained lot will have a frontage of 15.98m, a depth of 90.84m and an area of 2,491.23m2. Both the reconfigured retained and severed lots will comply with all applicable zoning by-laws. 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. Based on the foregoing, Planning staff recommend that the application be approved, subject to conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plans). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a 3m (9.84'), more or less, road widening along the property's entire Madison Avenue frontage; with the actual width of the road widening to be determined by an Ontario hand Surveyor through preparation of the required reference plan. 4. That the owner shall convey, without cost and free of encumbrance, a 3m road widening along the property's entire Madison Avenue frontage. 5. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping and a paved driveway ramp, on the severed lands at their sole expense. 7. That the proposed property line between the retained and severed lots be shifted 1 m to the right and that the owner construct a driveway on the right (northeast) portion of the severed lot. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated April 11, 2007, advising they have no objections to this application. 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. COMMITTEE OF ADJUSTMENT 64 APRIL 17, 2007 1. Submission No.: B 2007-010 (Cont'd~ Mr. Cline advised he has reviewed the City's stafif report and is opposed to some of the requested conditions. Respecting the condition about the driveway, Mr. Cline advised that a driveway already exists on the property. Ms. von Westerholt advised that since the stafif report was prepared, she has done some further investigation on this property, and conditions 5, 6, and 7 can be eliminated. Mr. Cline then addressed the Committee with respect to the City's request for parkland dedication, noting that this lot contains 2 dwellings which have merged in title and the purpose of this application is to separate the lots so they can be dealt with separately. This application does not create a new lot for development. He advised that the authority for park dedication is found in Section 51.1 of the Planning Act, which gives discretion as to the application of such a condition, and this application is not for a plan of subdivision. Mr. Cline stated that his client has renovated this house at a considerable cost to create low cost rental housing; and, when purchased, paid the City a substantial amount of money in back taxes. To be required to pay 5% of the value of the land for park dedication is harsh, and beyond the scope of this application. With respect to the correspondence from Kitchener-Wilmot Hydro, Mr. Reitzel advised that each dwelling has separate hydro services, which were recently installed. A brief discussion took place concerning the road widening and stafif advised that the extent of the widening may not be exactly 3 m and will have to be confirmed by the applicants' surveyor. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of R. & W. Reitzel Investments requesting permission to convey a parcel of land having a width on Madison Avenue of 13.5m (44.29'), a depth of 30.175m (99'), and an area of 407.3 sq. m. (4,384.28 sq. ft.), on Part Lot 22, Registered Plan 369, 18 Madison Avenue North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plans). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a 3m (9.84'), more or less, road widening along the entire Madison Avenue frontage of the severed and retained lands; with the actual width of the road widening to be determined by an Ontario hand Surveyor through preparation of the required reference plan. 4. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 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. COMMITTEE OF ADJUSTMENT 65 APRIL 17, 2007 1. Submission No.: B 2007-010 (Cont'd~ 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 April 17, 2009. Carried 2. Submission No.: Applicant: Properly location: Legal Description: Appearances: In Support: Contra: B 2007-011 2014420 Ontario Inc. 21 Krug Street & 136 Weber Street East Part Lot 24, Subdivision of Lot 2, German Company Tract J. Weir T. Fiscia None Written Submissions: None The Committee was advised that the applicant requests permission to sever 21 Krug Street from 136 Weber Street East. The severed parcel will have a width on Krug Street of 17.97m (58.95'), a depth of 106.34m (348.88') and an area of 1,910.87 sq. m. (20,569.1 sq. ft.), and will contain an existing multi-residential building. The retained land will have a width on Weber Street of 21.53m (70.63'), a depth of 75.09m (246.35') and an area of 1,616.44 sq. m. (17,399.78 sq. ft.), and will contain the existing multi-residential building. The Committee considered the report of the Development and Technical Services Department, dated April 4, 2007, in which they advised the subject property is a 3,527.31 m parcel known municipally as 21 Krug Street and 136 Weber Street. The property is located within the Ward 1: Bridgeport -Centre and is located on the south side of Krug Street, east of Weber Street. The property is in the Residential Five (R-5) Zone under By- law 85-1 and is designated Low Rise Conservation in the City's Municipal Plan. In addition, 21 Krug Street has a Special Policy attached to the property that states in Section 13.2.3.5 that a multiple dwelling having a maximum of 6 dwelling units shall be permitted. The parcel is surrounded by several single detached dwellings and multiple dwellings. The property at 21 Krug Street contains a 2 storey brick building with 6 active units, a porch, and a brick shed. The property at 136 Weber Street contains a 1 1/2 storey brick house, a 3 storey brick building and an underground parking garage. The applicant is requesting approval to sever the northern portion of the property (known as 21 Krug Street) and retain the portion known as 136 Weber Street. These two parcels have been merged on title and the applicant is seeking a severance to once again legally divide up the two parcels because the owner has sold the property at 21 Krug Street. There is no proposed change in use and no proposed new development. The severed lot will be 1,910.87 m2 in size and will have a street frontage of 17.97 metres on Krug Street. The retained lands will be 1,616.44 m2 in size and will have a street frontage of 21.53 metres on Weber Street. COMMITTEE OF ADJUSTMENT 66 APRIL 17, 2007 2. Submission No.: B 2007-011 ~Cont'd) 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 and the R-5 zoning. The dimensions and shapes of the proposed lots are appropriate and suitable for their use. Both parcels would front a public street and municipal services are available. The current and proposed use of both parcels is appropriate for this area. Based on the foregoing, Planning stafif recommend that the application be approved subject to the following conditions: 1. That the owner shall pay to the City of Kitchener acash-in-lieu for parkland dedication equal to 5% of the value of the lands to be severed. 2. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 3. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario hand 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 Design 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 April 11, 2007, advising they have no objections to this application subject to the following conditions: 1) That the owner prepare a Noise Study for the severed and retained lands, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo any mitigation measure which may be necessary due to transportation noise from Weber Street and Krug Street and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures prior to final approval. 2) That prior to final consent approval the owner obtain a Regional Road Entrance Permit for the mutual access to Weber Street East. Right-of-ways must be granted at the mutual access for both properties. Mr. T. Fiscia, a neighbour of the subject property, was in attendance to get an explanation of the purpose of this application, and once it was provided he left the meeting. Mr. Weir advised that the purpose of this application is to sever the two already developed properties so that each one may be dealt with separately. This will restore this property to its original state. Mr. Weir commented on the report form the Region's Planning, Housing and Community Services, that if a noise study is required, there could be further, perhaps unreasonable conditions. With respect to their request for a mutual right-of-way, if the adjacent neighbours are unco-operative, they could stop this process. In response to a question from the Committee, Mr. Wier advised that the current owner bought these as a merged property, and they knew the property was merged when they bought it. Further, this is amulti-residential neighbourhood with heavy traffic. A brief discussion took place concerning the Regional report, and Mr. Weir advised that the severance is schedule to take place immediately after the appeal period has expired. Mr. Head stated that he disagrees with the Region's request for a mutual right-of-way, which doesn't affect 21 Krug Street. The Committee commented that a noise study will only reveal what is already known, that Weber Street is a busy, noisy street. COMMITTEE OF ADJUSTMENT 67 APRIL 17, 2007 2. Submission No.: B 2007-011 ~Cont'd) With respect to the Region's requested condition for a road entrance permit, the Committee agreed on the following wording for the condition: "That the owner shall obtain a Regional Road Entrance Permit for the access to Weber Street East." Mr. Weir then addressed the Development & Technical Services Department report stating that he does not agree with the imposition of the 5% cash-in-lieu of parkland dedication. Mr. Head responded that he does not agree with waiving the parkland dedication in this instance. Mr. Wier stated this is not a plan of subdivision and the condition in his opinion is not applicable in the case of a property merger. If this was a new development, parkland dedication would be applicable. To impose this condition would be a penalty in this instance because this is a merger under the Planning Act. Approval of this application does not increase the number of units or people who will use park facilities. Ms. Von Westerholt advised that if the Committee excludes every application in the Downtown Core from paying parkland dedication, it would not be within the spirit of the purpose of the Planning Act. Mr. Parent stated that parkland dedication is no different than requesting a road widening. It is incumbent on the City to impose these conditions, as they would not have been provided when the properly was originally developed. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 2014420 Ontario Inc. requesting permission to convey a parcel of land having a width on Krug Street of 17.97m X58.95'), a depth of 106.34 m (348.88') and an area of 1,910.87 sq. m. (20,569.1 sq. ft.), on Park Lot 24, Subdivision of Lot 2, German Company Tract, 21 Krug Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the lands to be severed. 2. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal properly taxes andlor local improvement charges. 3. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario hand 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 Design Standards to the satisfaction of the City's Mapping Technologist. 4. That the owner shall obtain a Regional Road Entrance Permit for access to Weber Street East. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 68 APRIL 17, 2007 2. Submission No.: B 2007-011 ~Cont'd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 17, 2009. Carried 3. Submission No.: B 2007-012 Applicant: Forest Group Inc. Properly Location: 61-63 Becker Street Legal Description: Part Lots 27, 28, 29 & 30, Registered Plan 42 Appearances: In Support: C. Baycetich G. Lavallee Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever the northwesterly portion of the property, to be used by Henry Walser Funeral Home for visitor parking. The severed parcel will have a width on Becker Street of 101 m (331.36'), and irregular shape, and an area of 1,585 sq. m. (17,061.35 sq. ft.). The retained land will continue to be used as amulti-residential building and will have a width on Becker Street of 58.3m (191.27'), have an irregular shape, and have an area of 2,330 sq. m. X27,233.58 sq. ft.). The Committee considered the report of the Development and Technical Services Department, dated April 4, 2007, in which they advised the subject property is located on Becker Street, between Becker Street and the Conestoga Parkway. The property currently contains two low-rise apartment buildings which were constructed in about 1960 and associated surface parking. The property is irregularly shaped. The existing apartment buildings and parking are located on the southerly portion of the property, while the narrow portion of the property, to the north, is vacant. The lands are currently designated Low Rise Residential in the Municipal Plan and are zoned Residential Six Zone (R-6). The applicant is proposing to sever the subject property to allow the northern portion currently vacant) to be developed with surface parking for the Henry Walser Funeral Home, which is located at 507 Frederick Street. The lands to be retained would continue to be used for multiple residential. 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. However, the commercial parking lot proposed on the lands to be severed, will require a zone change to add a Special Use Provision to the existing Residential Six zoning. Staff feel that it is appropriate to sever the lands prior to changing the zoning so that the new zone boundary will coincide with the new property line. Planning staff comment that the side yard and rear yard setback for the lands to be retained are considered legal under the Vacuum Clause of By-law 85-1; however, as a result of the proposed severance the Floor Space Ratio on the lands to be retained will exceed the maximum of 0.6 permitted in the Residential Six Zone. Staff recommend that the proposed lot line be shifted to increase the area of the retained lands from 2530mz to 2690 m~, and reduce the area of the lands to be severed from 1555 mz to 1395 mz. Ultimately, this will require the proposed boundary line between the lands to be severed and lands to be retained be shifted to the north. Staff feel that this change will still allow COMMITTEE OF ADJUSTMENT 69 APRIL 17, 2007 3. Submission No.: B 2007-012 (Cont'd surface parking to be accommodated on the lands to be severed, while ensuring the lands to be retained comply with the by-law regulations. Staff recommend that the applicant submit a revised severance sketch showing the change in lot area to the Director of Planning, for approval, as a condition of this consent. The applicant has submitted a concept drawing to staff depicting the proposed parking lot and layout. Staff caution that the proposed layout will need to be changed as a result of the smaller area of the lot to be severed, likely resulting in fewer parking spaces than shown. Generally, staff are satisfied that provided a Zoning By-law Amendment is approved, the land to be severed could be developed appropriately with surface parking. The owner will also be required to obtain Site Plan Approval for the proposed parking lot, prior to construction. Stafif have also discussed this application with the Ministry of Transportation given proximity to the Conestoga Parkway. Ministry staff have commented that the normal setback requirement for properties adjacent to a Class 1 Highway, such as the Conestoga Parkway, is 14 metres; however the MTO will reduce this setback to a minimum of 3 metres only to accommodate the parking. In this regard, a letter of understanding between Walser Funeral Home and the MTO is required prior to approval of Site Plan to identify both the reduction in the setback, and that no compensation would be awarded to Walser Funeral Home if MTO were to require additional lands in the future that eliminated the parking. A Building/Land Use Permit is also required from the MTO before any grading or construction. The required MTO conditions will be applied to the property at the Site Plan Approval stage. Based on the foregoing discussion, and as the application for consent is consistent with policy statements issued under subsection 3(1) of the Act, and does not conflict with the Places To Grow Growth Plan, Planning staff recommend that the application 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. 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 copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall obtain a draft reference plan showing the land to be retained to have an area of 2690 sq.m. (28,955.86 sq. ft.), and the land to be severed to have an area of 1395 (15,016.14 sq. ft.). 5. That the owner shall apply to the City of Kitchener to rezone the severed land to permit the use of this land as a parking lot. 6. That the owner of Henry Walser Funeral Home shall sign a letter of understanding with the Ministry of Transportation Ontario which identifies the reduction in the setback and that no compensation will be awarded to the owner if the Ministry of Transportation should acquire additional land in the future that would result in the elimination of the parking. The Committee considered the report of the Region of Waterloo, Planning, Housing and Community Services, dated April 11, 2007, advising they have no objections to this application subject to the following condition: COMMITTEE OF ADJUSTMENT 70 APRIL 17, 2007 3. Submission No.: B 2007-012 ~Cont'd) 1. That prior to final consent approval the owner enters into an agreement with the City of Kitchener to include the following warning clause on all offers of purchase and sale and all rental agreements for the retained property: "Due to its proximity to the Conestoga Parkway, projected noise levels on this property exceed the Noise bevel Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." In response to the report from City stafif, Ms. Baycetich provided the Committee members with a revised sketch showing the retained land to have an area of 2690 sq. m. (28,955.86 sq. ft.) and the severed land to have an area of 1395 sq. m. X15,016.14 sq. ft.). She asked the Committee to accept this amendment to the application. Mr. Parent advised that the commercial parking lot proposed for the severed land will be subject to site plan control. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Forest Group Inc. requesting permission to convey a parcel of land having a width on Becker Street of 95.66m (313.84'), an irregular shape, and an area of 1395 sq. m. (15,016.14 sq. ft.), on Part Lots 27, 28, 29 & 30, Registered Plan 42, 61-63 Becker Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plans). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall obtain approval from the City's Director of Planning of a draft reference plan showing the land to be retained to have an area of 2690 sq.m. (28,955.86 sq. ft.), and the land to be severed to have an area of 1395 X15,016.14 sq. ft.). 5. That the owner shall apply to the City of Kitchener to rezone the severed land to permit the use of this land as a parking lot. 6. That the owner of Henry Walser Funeral Home shall sign a letter of understanding with the Ministry of Transportation Ontario which identifies the reduction in the setback and that no compensation will be awarded to the owner if the Ministry of Transportation should acquire additional land in the future that would result in the elimination of the parking. 7. That the owner shall enter into an agreement with the City of Kitchener to include the following warning clause on all offers of purchase and sale and all rental agreements for the retained land: "Due to its proximity to the Conestoga Parkway, projected noise levels on this property exceed the Noise bevel Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." COMMITTEE OF ADJUSTMENT 71 APRIL 17, 2007 3. Submission No.: B 2007-012 ~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 April 17, 2009. Carried CONSENT & MINOR VARIANCE 1. Submission Nos.: Applicant: Properly location: legal Description: Appearances: In Support: Contra: B 2007-013 & A 2007-013 Joseph Zettel in Trust 200 Borden Avenue South Part Lot 18, Registered Plan 404 and Part of Lot 73, Streets & Lanes K. Wills None Written Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land, being the rear of 200 Borden Avenue South, as a lot addition to Zettel Manufacturing. The severed land will have a width of 14.326m (47'), a depth of 32.6m (106.95') and an area of 464 sq. m. (4,994.61 sq. ft.). The retained land will have a width on Borden Avenue of 14.326m (47'), a depth of 36.6m (120.07'), and an area of 524 sq. m. (5,640.47 sq. ft.). Also permission to continue the legal non-conforming residential use at 200 Borden Avenue South on a smaller parcel of land. The Committee considered the report of the Development and Technical Services Department, dated April 3, 2007, advising that the subject property is located at 200 Borden Ave. South in the Mill Courtland Woodside Park Neighbourhood Secondary Plan area. An existing dwelling is situated on the subject lands and has existed since as early as 1953. The dwelling fronts onto Borden Ave. The subject property is designated General Industrial and is zoned M2- General Industrial with a Special Use provision 159 and is subject to the GRCA Construction and Fill Regulation 149. The General Industrial designation as well as the M2 zone permit a range of industrial uses but do not permit residential uses. The Special Use Provision 159 prohibits the sale or rental of motor vehicles and recreational vehicles except as an accessory use to a service or repair business for the repair of motor or recreational vehicles up to a maximum of two vehicles. The Construction and Fill Regulation requires the approval of the GRCA for all development on the subject lands. Since the current Municipal Plan designation and zone prohibit residential uses and the existing dwelling has existed since 1953, it would appear that the residential use would be COMMITTEE OF ADJUSTMENT 72 APRIL 17, 2007 1. Submission Nos.: B 2007-013 & A 2007-013 (Cont'd considered legal non-conforming. In this regard, the applicant has requested under Section 45 ~2) (a) (ii) of the Planning Act permission from the Committee of Adjustment to alter the size of the property on which the legal non-conforming use is located. If approved the smaller lot would be severed from the balance of the holdings owned by the estate and consequently will be merged with lands fronting onto Bedford Ave. so as not to create a land locked remnant parcel. Under Section 45(2) ~a) (ii) of the Planning Act authorizes the Committee of Adjustment where a use lawfully existed for a purpose prohibited by By-law the Committee may permit the use of such land, building or structure for a purpose that in the opinion of the Committee is similar to or more compatible with the use that it was used for on the date of the passing of the By-law. In this regard, the applicant has not applied to change the legal non-conforming use, namely a residential use in the industrial area, but has instead requested that the Committee allow the use to continue on a smaller sized lot in order to facilitate a consent of the rear portion of the lands fronting onto Borden Avenue and the subsequent merging of the severed lands with other holdings owned by Zettel Manufacturing, municipally known as 59 Bedford Road.. It is a general principle that although the vested rights of the land owners to continue a lawful use as it existed at the date of the passing of a zoning by-law are to be protected, it is intended that over time the legal non-conforming use will cease to exist and the property will ultimately be used incompliance with the permitted uses and regulations of the Zoning By-law. In order to avoid the imposition of undue hardship on such owners, the Committee of Adjustment has been granted the powers under Section 45(2) of the Planning Act to permit certain limited changes to legal non-conforming uses as outlined above. Again the intent here is not to allow non-conforming uses to proliferate indefinitely, but to allow some non-conforming uses to continue in the interim. When considering applications under Section 45(2) (a) (ii) the tests to apply to an application include: 1. Whether the approval of the application is in the public interest; 2. Whether the approval represents good planning; 3. Whether the proposed application creates unacceptable adverse impacts upon the abutting properties; 4. Is the proposed use similar as required in Section 45(2) (a) (ii) of the Planning Act. The subject lands have been identified as Industrial in the Municipal Plan, more specifically in the Mill Courtland-Woodside Park Secondary Plan and as such residential uses are prohibited. The Secondary Plan however recognizes that certain industrial pockets may act as a buffer or transition area between more intensive industrial uses and residential uses, or function as mixed industrial-residential areas which could provide locational opportunities for small incubator industries. The applicant is not intending to re- designate these lands, but is rather hoping to separate the house from the manufacturing business. The residential use will eventually cease to exist and the property will be able to be used for industrial uses such as a smaller repair shop for instance. This represents good planning because the lands are not being re-designated and in the meantime, the house can continue to exist as anon-conforming use and the manufacturing business can be separated from this property. The smaller lot could support a small industrial use that does not require outside storage and this smaller COMMITTEE OF ADJUSTMENT 73 APRIL 17, 2007 1. Submission Nos.: B 2007-013 & A 2007-013 lCont'd industry would or could act as a buffer to the larger Schneider's Meats Industrial lands on the south side of Courtland Ave. less than a block from the subject property. This would also meet the intent of the PTG legislation which does not permit the conversion of employment lands such as industrial lands unless the municipality initiates it. These lands are remaining in the industrial designation, so this too is good planning. There are no adverse impacts to adjacent lands as a result of allowing this residential use to continue on a smaller sized lot, as the adjacent properties to the north also contain residential uses. In our opinion the use has not changed, only the size of the lot on which the use occurs will change and therefore is similar to the existing legal non-conforming use. It is the opinion of Staff that the four tests as set out above have been met by this application. Stafif supports the request for permission from the Committee of Adjustment to allow the legal non-conforming use to continue on a smaller lot having met the four tests outlined above. If approved this would facilitate the consent which would retain a lot having a frontage of 14.3 metres and a depth of 36.6 m and a rear yard of 2.93 metres with an area of 524 mz and sever a lot having an area of 464mz and merging this severed portion to adjacent lands owned by Joseph Zettel Manufacturing and municipally known as 59 Bedford Ave. The side yards on the proposed retained lands would be covered by the City's Vacuum By-law 85-1 and therefore conform to the requirements of the zone. 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, both the severed and retained lands will conform to the Municipal Plan as well as the Zoning By-law, the lands will have access to a municipal road and are consistent with development in the area. The application conforms to the PPS and with respect to the PTG legislation, no employment lands are being converted, so the integrity of the employment lands has not been compromised. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses 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 adjacent to the existing residence. Based on the foregoing, Planning staff recommends that the application be approved subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario hand 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 Design Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 2% of the land to be severed. 4. That the land to be severed in this application shall be added to the abutting land and title shall be taken in identical ownership; with any subsequent conveyance or transaction complying with Sections 503) and/or ~5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 10, 2007, advising they have no concerns with Submission No. A 2007-013. COMMITTEE OF ADJUSTMENT 74 APRIL 17, 2007 1. Submission Nos.: B 2007-013 & A 2007-013 lCont'd The Committee considered the report of the Region of Waterloo, Planner, dated April 11, 2007, advising they have no concerns with Submission No. B 2007-013. The Committee considered the report of the Grand River Conservation Authority dated March 28, 2007 advising that they have no objection to the application. Information currently available indicated that both the severed lot and a portion of the retained lot are within the regulated floodplain of Shoemaker Creek. Any new development or site alteration on either the severed or the retained lot within the Regulation limit will require the prior issuance of a permit from the Grand River Conservation Authority. With respect to the City's request for parkland dedication, Ms. von Westerholt advised that since this property has an Industrial zoning, a 2% parkland dedication is required. Ms. Wills advised that she has reviewed all staff reports and has no objections to them. Submission No. B 2007-013 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Joseph Zettel in Trust requesting permission to convey a parcel of land having a width of 14.326m (47'), a depth of 32.6m (106.95'), and an area of 464 sq. m. (4,994.61 sq. ft.) as a lot addition to the abutting property at 59 Bedford Avenue, on Part dot 18, Registered Plan 404 and Part Lot 73, Streets & banes, 200 Borden Avenue South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario hand 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 Design Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 2% of the land to be severed. 4. That the land to be severed in this application shall be added to the abutting land and title shall be taken in identical ownership; with any subsequent conveyance or transaction complying with Sections 503) and/or ~5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 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. COMMITTEE OF ADJUSTMENT 75 APRIL 17, 2007 1. Submission Nos.: B 2007-013 & A 2007-013 ~Cont'd~ 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 April 17, 2009. Carried Submission No. A 2007-013 Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Joseph Zettel in Trust requesting permission to continue a legal non-conforming residential use on a smaller parcel of land, on Part Lot 18, Registered Plan 404 and Part Lot 73, Streets & Lanes, 200 Borden Avenue South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The approval of this application is in the public interest; 2. The approval of this application represents good planning; 3. The approval of this application does not create unacceptable adverse impacts on the abutting properties; and, 4. The proposed use is the same as the existing use on the subject property. Carried 2. Submission Nos.: Applicant: Property location: legal Description: Appearances: In Support: Contra: Written Submissions: B 2007-014 & A 2007-014 & A 2007-015 1678838 Ontario Inc. 67 & 69 Cedar Street North Part Lot 32, Registered Plan 369 and Part Lot 32, Registered Plan 370 W. Cline B. Reitzel None None The Committee was advised that the applicant requests permission to sever 67 Cedar Street North from 69 Cedar Street North, being 2semi-detached dwelling units, and permission to continue the legal non-conforming uses of semi-detached dwelling units on smaller parcels of land. The property at 67 Cedar Street North will have a width on Cedar Street of 9.415m (30.88'), a depth of 39.21 m (128.64') and an area of 354.8 sq. m. (3,819.16 sq. ft.). The property at 69 Cedar Street North will have a width on Cedar Street of 7.57m (24.83'), a depth of 38.243m (125.46') and an area of 304.8 sq. m. (3,280.94 sq. ft.). Also, permission for the semi-detached dwelling at 67 Cedar Street South with a front yard setback of 1.5m X4.92') rather than the required 4.5m (14.76'), and the semi-detached dwelling at 69 Cedar Street South with a front yard setback of 0.9m (2.95') rather than the required 4.5m X14.76'). The Committee considered the report of the Development and Technical Services Department, dated April 10, 2007, advising the subject property is located on the east side of Cedar Street North, just south of the intersection of Weber Street and Cedar Street. The property was previously the subject of a similar severance application in August 2000, COMMITTEE OF ADJUSTMENT 76 APRIL 17, 2007 2. Submission Nos.: B 2007-014 & A 2007-014 & A 2007-015 ~Cont'd) which the Committee approved with conditions Application B2000-066); however, the owner failed to fulfill the conditions and the approval rescinded in September 2001. The property contains a dwelling that is set up as asemi-detached dwelling but that is located on one property. The applicant has advised that an internal dividing wall vertically separates one unit from the other. The Zoning By-law definition ofsemi-detached dwelling requires that each unit (semi-detached house) within the semi-detached dwelling be located on a separate lot. The owner is applying to sever the property into two lots in such a way as to create two semi-detached houses (Application 82007-014). Permission is required because of associated issues with the proposed severance and will be discussed in detail below (Applications A2007-014 and A2007-015). The property is designated in the Municipal Plan as Low Density Commercial Residential with Special Policy #2. The property is zoned Commercial Residential One Zone (CR-1) with Holding Provision #18. Holding Provision #18 states that only certain residential uses shall be permitted and only within the buildings existing on January 24, 1994, until the holding provision is removed. While this holding provision does not specifically allow semi-detached dwellings it does refer to duplex dwellings as being a permitted use. Stafif are of the opinion that the intent of this holding provision is to allow semi-detached dwellings on one lot also, which in this case existed prior to 1994. The holding provision will not be removed until the lands have been consolidated with lands fronting Weber Street East, a 0.3 metre reserve has been conveyed to the City, and a site plan has been approved by the Director of Planning. Staff have looked into the matter of whether the severance to permit independent title would frustrate the future consolidation and redevelopment of the site and advise that the consolidation of the subject lot with lands fronting Weber Street is not feasible for several reasons. Firstly, the properties are in separate ownership; the City owns the abutting lot to the north fat the corner of Weber and Cedar Street). Secondly, the subject site represents the limit of the CR-1 Zone along Cedar Street and considering the adjacency of the City owned parkette at the corner of Weber and Cedar Street, which already reduces the potential for lot consolidation, it is staff's opinion that the redevelopment of the property in the future is no less likely to occur if the property be severed. Asemi-detached dwelling in the CR-1 Zone is permitted as it existed when it was rezoned; however, changes to the lot have occurred since the CR-1 Zone was applied to the property. For instance, a land exchange took place in May 2000 in which the owner deeded land to the City for a road widening in exchange for land that was added to the rear of the property. These changes would be considered "legally non-conforming". Since further changes are proposed through the proposed lot severance, permission is required under Section 45(2)(a)(ii) of the Planning Act to alter the lot on which a legal non- conforming use is located. In this case, the severed and retained lots would individually have smaller areas than the original lot. In addition, permission is required to legalize the existing front yard setbacks for both the severed and retained portions of the property, since they do not comply with the minimum requirement of 4.5 metres Applications A2007-014 and A2007-015). The retained lot is proposed to have a front yard of 1.5 metres, while the severed lot is proposed to have a front yard of 0.9 metres. It should be noted that through this application, the Transportation Planning Division has requested a road widening, which may have the effect of reducing the front yard even more than proposed. Transportation Planning stafif advise that a road right-of-way widening is required to be conveyed to the City of Kitchener along the Cedar Street frontage of the property. Based on the ultimate required right-of-way width of 20 metres, a road widening of approximately 2 - 4 metres is required. Stafif propose that a condition be imposed that would require the owner to submit a reference plan showing the precise road widening, based on 50% of the difiference between the existing and ultimate right-of-way width as measured from the COMMITTEE OF ADJUSTMENT 77 APRIL 17, 2007 2. Submission Nos.: B 2007-014 & A 2007-014 & A 2007-015 ~Cont'd) centre of the original public right-of-way. In addition, Community Services Division has requested a 2 percent parkland dedication and staff propose that a condition be imposed to ensure this is completed. 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, 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. The proposed severed and retained lots would be compatible with the lots in the surrounding area. The purpose of the variances is to allow independent title of the semi-detached units. The variances do not affect the existing physical dimensions of the property or building, nor do they affect the density/intensity of the site. For this reason the intent of the Municipal Plan and Zoning By-law are maintained. The variances can be considered minor in nature and desirable for the appropriate development of the land since the impact on the abutting properties is negligible due to the above mentioned reasons. With respect to the request to allow the continuation of a legal non-conforming use to continue to exist on a smaller lot, the following tests are applied: 1. Whether the approval of the application is in the public interest; 2. Whether the approval represents good planning; 3. Whether the proposed application creates unacceptable adverse impacts upon the abutting properties; 4. Is the proposed use similar as required in Section 45(2)(a)(ii) of the Planning Act. It is staff's opinion that the tests for an application made under section 45(2)~a)(ii) as mentioned above have also been addressed for the following reasons. Firstly, consolidation of the lot with those abutting Weber Street is not feasible at this time due to the aforementioned reasons. The proposal would provide affordable housing to the community. The proposal would contribute to an appropriate mix of housing in the area and would be in keeping with the character of the neighbourhood, and is in keeping with the intent of the Municipal Plan and therefore constitutes good planning. The proposal also allows for the continuance of a use that has existed since the early 1900s and the impact on the community is negligible since nothing on the ground will be changed, aside from a widening that staff propose betaken. Fourthly, the proposed use is nearly identical to the original use as required by Section 45~2)~a)(ii). Based on the foregoing, Planning staff recommends that applications A2007-014 and A2007-015 and 62007-014 be approved subject to certain conditions subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plans). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 2% of the land to be severed. COMMITTEE OF ADJUSTMENT 78 APRIL 17, 2007 2. Submission Nos.: B 2007-014 & A 2007-014 & A 2007-015 ~Cont'd) 4. That the owner shall convey, without cost and free of encumbrance, a road widening across the entire frontage of both the severed and retained lands, of between 2m and 4m, based on the ultimate required right-of-way width of 20m. The width of the road widening shall be determined by survey, and the owner shall submit a reference plan showing the precise road widening, based on 50% of the difiference between the existing and ultimate right-of-way width as measured from the centre of the original public right-of-way. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 10, 2007, advising they have no concerns with Submission No.'s A 2007-014 and A 2007-015. The Committee considered the report of the Region of Waterloo, Planner, dated April 11, 2007, advising they have no concerns with Submission No. B 2007-014. The Committee considered the report of the Kitchener-Wilmot Hydro Inc. dated April 5, 2007, advising the applicant must make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be retained and severed before the severances are granted; and for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. Upon questioning, Mr. Reitzel advised that all the renovations and upgrading on these dwellings was completed some time ago. In response to the requested conditions of City staff, Mr. Cline advised he is opposed to the payment of parkland dedication. He stated that this was a title merger, and approval of this severance would not intensify development as both dwellings exist. With respect to the City's request for a road widening, Mr. Cline noted that the City took a road widening from this property and there is not much of a front yard left. Further, identifying the road widening would impose an onerous cost on the applicant of approximately $3,000 for the survey. Ms. von Westerholt stated that she is not convinced this situation is a correction of title, and Cedar Street North is identified in the Ofificial Plan as a road to be widened. The Chair requested evidence from Mr. Cline of the previous title merger for these properties, as he is not convinced that the ownership of these dwellings was ever separate. Mr. Cline responded that he did not have that information with him. Mr. Parent advised that the road widening is required in the City's Official Plan, and as the widening would go through the front of the house, the owner will have to enter into an encroachment agreement with the City. With respect to the correspondence from Kitchener-Wilmot Hydro, Mr. Reitzel advised that each dwelling already has a separate hydro service. Submission No. B 2007-014 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 1678838 Ontario Inc. requesting permission to convey a parcel of land to have a width on Cedar Street North of 9.415m (30.88'), a depth of 39.21 m (128.64') and an area of 354.8 sq. m. (3,819.16 sq. ft.), on Part Lot 32, Registered Plan 369 and Part Lot 32, Registered Plan 370, 67 Cedar Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 79 APRIL 17, 2007 2. Submission Nos.: B 2007-014 & A 2007-014 & A 2007-015 ~Cont'd) 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario hand Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plans). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 4. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 2% of the land to be severed. 5. That the owner shall convey, without cost and free of encumbrance, a road widening across the entire frontage of both the severed and retained lands, of between 2 m and 4 m, based on the ultimate required right-of-way width of 20 m. The width of the road widening shall be determined by survey, and the owner shall submit a reference plan showing the precise road widening, based on 50% of the difiference between the existing and ultimate right-of-way width as measured from the centre of the original public right-of-way. 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 April 17, 2009. Submission No. A 2007-014 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 1678838 Ontario Inc. requesting permission to continue the use of this property as a legal non-conforming semi-detached dwelling on a smaller parcel of land, and legalization of a front yard setback of 1.5m (4.92') rather than the required 4.5m (14.76'), on Part Lot 32, Registered Plan 369 and Part C_ot 32, Registered Plan 370, 67 Cedar Street North, 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. COMMITTEE OF ADJUSTMENT 80 APRIL 17, 2007 2. Submission Nos.: B 2007-014 & A 2007-014 & A 2007-015 ~Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. 4. The approval of this application is in the public interest. 5. The approval of this application represents good planning. 6. The approval of this application does not create unacceptable adverse impacts on the abutting properties. 7. The proposed use is the same as the existing use on the subject property. Carried Submission No. A 2007-015 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 1678838 Ontario Inc. requesting permission to continue the use of this property as a legal non-conforming semi-detached dwelling on a smaller parcel of land, and legalization of a front yard setback of 0.9m (2.95') rather than the required 4.5m (14.76'), on Part Lot 32, Registered Plan 369 and Part dot 32, Registered Plan 370, 69 Cedar Street North, 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. 4. The approval of this application is in the public interest. 5. The approval of this application represents good planning. 6. The approval of this application does not create unacceptable adverse impacts on the abutting properties. 7. The proposed use is the same as the existing use on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 11:22 a.m. Dated at the City of Kitchener this 17th day of April 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment