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HomeMy WebLinkAboutAdjustment - 2003-04-29 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 29 2003 MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner Mr. R. Parent, Traffic & Parking Analyst and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:30 a.m. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of April 8, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leaal Description: A 2003-012 The Old Mill Partnership 7B, 350 Doon Valley Drive Unit 3. W.S.C.P. No. 369 Appearances: In Support: Mr. S. Grant Contra: None Public Submissions: None The Committee was advised that the applicant requests legalization of a rearyard of 6.413 m (21 ft.) rather than the required 7.5 m (24.6 ft.). Mr. S. Grant addressed the Committee on behalf of Mr. C. Robson, agent for the applicant, requesting that consideration of this application be adjoumed to the Committee's meeting of May 20,2003. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That consideration of Application for Minor Variance Submission A 2003-012, the Old Mill Partnership, Unit 7 B, 350 Doon Valley Drive, be deferred and referred to the May 20, 2003 Committee of Adjustment meeting. Carried COMMmEE OF ADJUSTMENT 2. Submission No.: Applicant: Property Location: Leaal Descriotion: Appearances: In Support: Contra: Public Submissions: 47 APRIL 29, 2003 A 2003-013 Mary Victoria Clow 21 Fairview Avenue Part Lot 24. Reaistered Plan 77 Mr. D. Travers None None The Committee was advised that the applicant requests legalization of a triplex on a lot having an area of 365 m2 (3,928.95 sq. ft.) rather than the required 495 m2 (5,328.3 sq. ft.) and a width of 9.99 m (32.78 ft.) rather than the required 15 m (49.21 ft.). The COmmittee considered the comments of the City's Planning Division, dated Apnl 22, 2003, recommending approval of the application relative to the existing building only. The COmmittee conSidered written submissions from the following public agencies advising they have no concerns wlth, or comments on, this application: . Region ofWaterfoo Transportation Planner, dated March 18, 2003; and, . City's Transportation Planning, dated April 23, 2003. Mr. D. Travers addressed the COmmittee advising that the applicant is in support of the recommendation of the City's Planning Division. Moved by Mr. P. Britton Seconded by Mr. D. Cybalskl That the application of Mary Victoria Clow requesting legalization of an existing triplex on a lot having an area of 365 m2 (3.928.95 sq. ft.) rather than the required 495 m2 (5.328.3 sq. ft.), and a width of 9.99 m (32.78 ft.) rather than the required 15 m (49.21 ft.). on Part Lot 24, Registered Plan 77,21 Fairview Avenue, Kitchener, Ontario, BE APPROVED. subject to the following condition: 1. That the variances as approved in this application shall apply to the use of the existing building only as a triplex, as shown on the plan submitted with this application. 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. 3. Submission No.: Applicant: Property Location: Leaal Description: Appearances: In Support: Contra: Carried A 2003-020 Patrick Duval 18 Wellington Street South Part Lot 74. Reaistered Plan 377 Mr. P. Duval None COMMITTEE OF ADJUSTMENT 48 APRIL 29, 2003 3. Submission No.: A 2003-020 (Cont'd) Public Submissions: None The Committee was advised the applicant requests permission to provide 1 off-street parking space for a home and home upholstery business rather than the required 2 off-street parking spaces. The Committee considered the comments of the City's Planning Division, dated March 31, 2003, recommending approval of the application, provided there are no non-resident employees at the home business, and no signage be permitted for the home business. The Committee noted the comments of the City's Transportation Planning, dated April 2, 2003, recommending approval of the application, provided no customers visit the property. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: . Grand River Conservation Authority, dated March 27, 2003; . City's Director of Building, dated March 31,2003; and, . Region of Waterloo Transportation Planner, dated April 2, 2003. When questioned, Mr. Sloan advised that some signage is usually permitted for home businesses; however, in this situation, staff do not want signage which will attract drive-by customers if there is no parking for them. The Committee discussed how staff's requested conditions may be imposed if they are to apply to the property beyond the current owner. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Patrick Duval requesting permission to provide 0 off-street parking spaces for a repair service home business rather than the required 10ff-street parking space, on Part Lot 74, Registered Plan 377,18 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title, which shall include the following: a) That no signage shall be permitted on the subject property to advertise the repair service home business; and, b) That the repair service home business shall have no non-resident employees. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 49 APRIL 29. 2003 CONSENT & MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Leaal DescriDtion: B 2003-017 & A 2003-022 509132 Ontario Ltd. 200 Woolner Drive Part of Lot 11 and Part of 6.096 m Lane (Closed) Mr. P. Britton declared a pecuniary interest in this application as his consulting firm represents the applicant, and did not participate in any discussion or voting with respect to this application. In accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Mr. E. Theodore Mr. P. Schmidhuber Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land for a residential subdivision, to have frontage on Woolner Road of approximately 68.6 m (225 ft.) by an approximate depth of 157.4 m (516.4 ft.) and an approximate area of 1.238 ha (3.05 acres), reserving an easement for services. The applicant also requests permission for the severed lands to have an area of 1.238 ha (3.05 acres) rather than the permitted 1.2 ha (2.96 acres); the retained lands to have an area of 1.243 ha (3.07 acres) rather than the permitted 1.2 ha (2.96 acres); permission to have 2 single family dwellings on the retained lands rather than the permitted 1 single family dwelling; with one of the dwellings having a westerly sideyard of 5.7 m (18.7 ft.) rather than the required 7.5 m (24.6 ft.) and the other dwelling to have an easterly sideyard of 3.3 m (10.82 ft.) rather than the required 7.5 m (24.6 ft.). The Committee noted the comments of the City's Planning Division, dated April 16, 2003. noting that the retained lands will contain the two existing single family dwellings, and the severed lands have the potential to be developed with a plan of subdivision. Staff advised that the property boundary has been amended to remove lands along Woolner Drive owned by the Region of Waterloo; consequently, the area of the retained lands is less than that stated in the application. Staff recommend the Application for Consent be amended to recognize the lot area for the severed lands of 1.16 ha, and the amended application be approved subject to conditions. With respect to the Application for Minor Variance, the Planning Division recommends the application be refused, and the owner submit a Zone Change Application in its place: the property is zoned "Agricultural Zone" (A-1) which has no lot area or sideyard requirements for lots containing single family dwellings. Although the current status of the property with respect to the two single family dwellings is legal non-conforming, that status will be lost if the severance is approved. The Committee considered the comments of the Region's Planning, Housing and Community Services, dated April 17, 2003, advising that they have no objection to the severed lands, as Regional issues will be addressed through the subdivision approval process. With respect to the retained lands, they request conditions be imposed with respect to a road widening, and a waming clause related to the property's proximity to one of the flight paths leading tolfrom the Waterloo Regional Airport. The Committee reviewed the written submission from the Grand River Conservation Authority, dated April 2, 2003, advising of their concerns with these applications, as this property contains the Idlewood Swamp, a provincially significant wetland, Idlewood Creek and its associated flood plain. The Committee noted the comments of the City's Transportation Planning, dated April 2, 2003, advising they have no concems with these applications. COMMITTEE OF ADJUSTMENT 50 APRIL 29, 2003 1. Submission Nos.: B 2003-017 & A 2003-022 (Cont'd) Mr. Theodore addressed the Committee advising of his support for the Planning Division's comments, subject to two changes. He requested that the amount of land, identified in Condition No.3, for the parkland dedication, be reduced to 606 m2 from 619 m2. Mr. Theodore also requested Condition NO.4 be changed with respect to the Part Nos. on the Reference Plan which should be Parts 3 & 4, not Parts 3 & 5. Mr. B. Sloan agreed with these requested amendments. The Committee disagreed with staffs reasons for the requested refusal of Submission No. A 2003- 022. With the agreement of Mr. Theodore, the Committee deferred its consideration of these two applications pending receipt of an opinion from the City Solicitor as to whether this Committee has jurisdiction to consider this Application for Minor Variance. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That consideration of Applications for Consent and Minor Variance Submission Nos. B 2003-017 & A 2003-022, 509132 Ontario Ltd., 200 Woolner Drive, be deferred and referred to the May 20, 2003 Committee of Adjustment meeting, pending receipt of an opinion from the City Solicitor as to whether the Committee of Adjustment has jurisdiction to consider the submitted Application for Minor Variance. Carried This meeting recessed at 10:00 a.m. to allow the Committee to consider applications for variances to the City's Fence and Sign By-laws, and reconvened at 10:15 a.m. with the following members present: Messrs. S. Kay, P. Britton and D. Cybalski. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2003-024 1205457 Ontario Inc. Carisbrook Drive 196 Woolwich Street, Parts 1 - 12, Reference Plan 58R-4721 and Part 2 Reference Plan 58R-12341 Appearances: In Support: None Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a single family dwelling on a parcel of land having a width of 49.99 m (164 ft.) on Carisbrook Drive rather than the required 60 m (196.8 ft.), and a lot area of 5.629 ha (13.9 acres) rather than the permitted 1.2 ha (2.96 acres). The Committee was in receipt of a request from the applicant's agent to defer consideration of this application to its May 20, 2003 meeting to allow the applicant an opportunity to address the comments of the Grand River Conservation Authority and City's Planning Division. COMMITTEE OF ADJUSTMENT 51 APRIL 29, 2003 1. Submission No.: A 2003-024 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That consideration of Application for Minor Variance Submission A 2003-024, 1205457 Ontario Inc., Carisbrook Drive, be deferred and referred to the May 20, 2003 Committee of Adjustment meeting. Carried 2. Submission No.: Applicant: Property Location: Legal Description: A 2003-025 Nick Georghiades 185 Glasgow Street Lot 10, Reaistered Plan 402, Beina Part 2. Reference Plan 58R-4475 Mr. S. Kay declared a pecuniary interest in this application as his law firm acts for the applicant, and did not participate in any discussion or voting with respect to this application. In accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Mr. D. Cybalski chaired the meeting during consideration of this application. Appearances: In Support: Mr. T. Gallamore Contra: None Public Submissions: In Support: None The Committee was advised that the applicant requests permission to construct a 66.9 m2 (720 sq. ft.) addition to the front of the existing building to have a northeasterly sideyard of 1.63 m (5.36 ft.) rather than the required 3 m (9.8 ft.). The reduced sideyard will keep the addition in line with the existing building. The Committee noted the comments of the City's Planning Division, dated April 16, 2003, recommending approval of the addition and legalization of the sideyard of the existing building. Their comments also recommend an amendment to the application to legalize the rearyard on the existing building. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: · Grand River Conservation Authority, dated April 22, 2003; · City's Transportation Planning, dated April 22, 2003; and, · Regions Transportation Planner, dated April 23, 2003. Mr. T. Galloway requested permission to amend the application in accordance with the Planning Division comments, and the Committee agreed to consider this request. COMMITTEE OF ADJUSTMENT 52 APRil 29, 2003 2. Submission No.: A 2003-025 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Nick Georghiades requesting legalization of an existing building having a northeasterly sideyarcl of 1.63 m (5.36 ft.) rather than the required 3 m (9.8 ft.), and a rearyard of 1.5 m (4.92 ft.) rather than the required 7.5 m (24.6 ft.); and permission to construct a 66.9 m2 (720 sq. ft.) addition to have a northeasterly sideyarcl of 1.63 m (5.36 ft.) rather than the required 3 m (9.8 ft.), on Lot 10, Registered Plan 402, being Part 2, Reference Plan 58R-4475, 185 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the existing building and proposed addition only, generally as shown on the plan submitted with this application. 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 Mr. S. Kay resumed the Chair at this time. 3. Submission No.: Applicant: Property location: leaal Description: A 2003-026 Paul Leung 1184952 Ontario Inc. 19-21 Cameron Street South Part Lot 63. ReQistered Plan 303 Appearances: In Support: Mr. T. Gallamore Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a 74.32 m2 (800 sq. ft.) addition to the front of the existing building to have a setback from Cameron Street of 0.79 m (2.59 ft.) rather than the required 3 m (9.8 ft.), and to provide 16 off-street parking spaces rather than the required 29. The Committee considered the comments of the City's Planning Division, and the City's Transportation Planning, both dated April 22, 2003, addressing their concems with respect to the reduction in parking being requested. They also noted their concems with the parking layout on the submitted plan, noting parking spaces labelled as 1 and 19 are located in the Regional road allowance, and must be removed. Also, parking spaces labelled 12 & 13 are not workable, as there is insufficient aisle width to provide ingress and egress. The Committee considered the written submissions of Mr. B. Erb, Transportation Planner, Region of Waterloo, dated April 22, 2003, advising that the parking space is labelled as 1,2, 18 and 19 on the submitted plan are located within the Charles Street road allowance. Parking space 1 and 19 must be removed from the site plan, and the remainder of the parking spaces must be shifted to the north to remove any parking encroachment from the road allowance. Mr. Erb also advised that a 10ft. daylight triangle is required at the intersection of Charles Street and Cameron Street. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: COMMITTEE OF ADJUSTMENT 53 APRIL 29, 2003 3. Submission No.: A 2003-026 (Cont'd) · City's Director of Building, dated April 23, 2003; and, · Grand River Conservation Authority, dated April 22, 2003. Mr. Gallamore advised the owner has an agreement with an adjacent property to allow overflow parking on their property; however, the agreement has not been registered on title. The Committee noted that they have considered similar applications on other properties in the vicinity, and directed Planning staff to research the other applications and report back to this Committee on the outcomes of each. The Committee also requested Mr. Gallamore revise the site plan, taking into consideration the problems with the parking layout identified in the Planning Division and Transportation Planning comments. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That consideration of application for Minor Variance Submission A 2003-026, 1184952 Ontario Inc., 19 - 21 Cameron Street be deferred and referred to the May 20, 2003 Committee of Adjustment meeting, and the following information be provided for consideration at that time: a) A history from Planning staff of recent Applications for Minor Variance for properties in the vicinity of the subject property which relate to parking variances; and, b) A revised site plan from the applicant showing all legal parking spaces on site. Carried 4. Submission No.: Applicant: Property Location: Leaal DescriDtion: A 2003-027 Victor Maglicic, In Trust 42 Kevco Place Lot 12. Registered Plan 1521 Appearances: In Support: Mr. R. Lawson Mr. V. Maglicic Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct an 83.61 m2 (900 sq. ft.) addition to the front of the existing building with a setback from Kevco Place of 2.316 m (7.6 ft.) rather than the required 6.096 m (20 ft.). The Committee noted the comments of the City's Planning Division, dated April 16, 2003, recommending approval of the requested variance as shown on the submitted plan. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: · Grand River Conservation Authority, dated April 22, 2003; · Region's Transportation Planner, dated April 23, 2003; · City's Transportation Planning, dated April 22, 2003, and, · City's Director of Building, dated April 23, 2003. COMMITTEE OF ADJUSTMENT 54 APRIL 29, 2003 4. Submission No.: A 2003-027 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Victor Maglicic, In Trust, requesting permission to construct an 83.61 m2 (900 sq. ft.) addition to the front of the existing building to have a setback from Kevco Place of 2.316 m (7.6 ft.) rather than the required 6.096 m (20 ft.), on Lot 12, Registered Plan 1521,42 Kevco Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply to the proposed addition only, generally as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 5. Submission No.: Applicant: Property Location: Leaal Description: A 2003-028 Mr. & Mrs. Edward Seale 100 Upper Canada Drive Lot 16. Reaistered Plan/309 Appearances: In Support: Mr. T. John Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicants request permission to construct an attached garage with an easterly sideyard of 0.6 m (2 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the City's Planning Division, dated April 17, 2003, in support of this application. The Committee considered the comments of the City's Director of Building, dated April 23, 2003, advising that a building permit is required for the proposed attached garage. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: . Grand River Conservation Authority, dated April 22, 2003; . City's Transportation Planning, dated April 22, 2003; and, . Regions Transportation Planner, dated April 23, 2003. When questioned by the Committee, Mr. John advised that the eaves will encroach an additional 1ft. into the sideyard. COMMITTEE OF ADJUSTMENT 55 APRIL 29, 2003 5. Submission No.: A 2003-028 (Cont'd) Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Mr. & Mrs. Edward Seale, requesting permission to construct a 1 storey attached garage to have an easterly sideyard of 0.6 m ( 2 ft.) rather than the required 1.2 m ( 4 ft.), on Lot 16, Registered Plan 1309, 100 Upper Canada Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the proposed attached garage only, generally as shown on the plan submitted with this application. 2. That the eaves and overhang on the proposed garage shall be no closer than 1 ft. to the side lot line. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2003-018 Maple Freezers Inc. 352-386 Maple Avenue Part Lot 117, Registered Plan 666, Part Lot F, Registered Plan 40, and Part Lot 9, Municipal Compiled Plan of Lot 59, German Company Tract Mr. S. Kay declared a pecuniary interest in this application as his law firm acts for the proposed purchaser of the severed lands, and did not participate in any discussion or voting with respect to this application. In accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining 2 members. Mr. P. Britton chaired the meeting during consideration of this application. Appearances: In Support: Mr. G. Auer Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Maple Avenue of 145.48 m (477.29 ft.) by a depth of 139.45 m (457.51 ft.) and having an area of 2.5424 ha (6.28 acres), for industrial use. The Committee noted the comments of the City's Planning Division, dated April 23, 2003, noting this property has been the subject of a number of Applications for Consent over the last 2 years; the most recent being Submission No. B 2002-018, approved on June 18, 2002. To date, most of the conditions imposed in Submission No.8 2002-018 have been fulfilled. The Planning Division noted their support for this application, subject to the owner withdrawing Submission No.8 2002- 018. COMMITTEE OF ADJUSTMENT 56 APRIL 29, 2003 1. Submission No.: B 2003-018 (Cont'd) The Committee considered the comments of the Region's Planning, Housing and Community Services, dated April 23, 2003, advising that they have no objections to this application. The Committee considered the written submissions from the following public agencies advising they have no comments on, or concems with, this application: · Grand River Conservation Authority, dated April 22, 2003; · City's Transportation Planning, dated April 22, 2003; and, · City's Director of Building, dated April 23, 2003. The Committee expressed a concem that should the owner withdraw Submission No. 8 2002- 018, any agreements between the owner and the City, based on conditions imposed in the previous application, may be invalid. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Maple Freezers Inc. requesting permission to convey a parcel of land having a width on Maple Avenue of 145.48 m (477.29 ft.) by a depth of 139.45 m (457.51 ft.) and an area of 2.5424 ha (6.28 ac), on Part Lot 117, Registered Plan 666, Part Lot F, Registered Plan 40 and Part Lot 9, Municipal Compiled Plan of Lot 59, German Company Tract, 352-386 Maple Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall formally withdraw Application for Consent B 2002-018. 2. That prior to formally withdrawing Submission No. B 2002-018, the owner shall enter into any agreements with the City of Kitchener, determined to be required by the City Solicitor, to replace agreements required through Submission No. B 2002-018. 3. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 29, 2005. Carried Mr. S. Kay assumed the Chair at this time. COMMITTEE OF ADJUSTMENT 57 APRIL 29, 2003 2. Submission No.: Applicant: Property Location: Leaal Description: B 2003-019 Tim Sperling 137 Bridge Street East Part Lot 112. German Companv Tract Appearances: In Support: Mr. E. Stewart Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to convey a parcel of land, having an area of 57.27 m2 (616.5 sq. ft.), as a lot addition to the rear of 74 lnge Court. The Committee noted the comments of the City's Planning Division, dated April 16, 2003, recommending approval of the conveyance of this land as a lot addition. The Committee noted the comments of the Region's Planning, Housing and Community Services, dated April 23, 2003, requesting conveyance of a 10ft road widening across the Bridge Street frontage of the subject property should this application be granted. The Committee considered written submissions from the following public agencies advising they have no comments on, or concems with, this application: · Grand River Conservation Authority, dated April 22, 2003; · City's Transportation Planning, dated April 22, 2003; and, · City's Director of Building, dated April 23, 2003. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Tim Sperling requesting permission to convey a parcel of land having an area of 57.27 m2 (616.5 sq. ft.), as a lot addition to 74 Inge Court, on Part Lot 112, German Company Tract, 137 Bridge Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1 . That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the lands to be severed in this application shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands; with any subsequent conveyance of the parcel to be severed complying with Subsections 50 (3) and/or (5) of the Planning Act, 1995. 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 58 APRIL 29, 2003 2. Submission No.: B 2003-019 (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 29, 2005. Carried B 2003-020 2015155 Ontario Inc. 274 Highland Road East Part Lots 16, 17, 18 & 19 Registered Plan, Being Part of Parts 1 & 2, Reference Plan 58R-1564 3. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Mr. L. Navaleza Contra: None Public Submissions: None The Committee was advised that the applicant requests permission for separate construction financing for a parcel of land having a width on Highland Road of 4.5 m (14.76 ft.) by a depth of 63.575 m (208.57 ft.) and an area of 1,382.929 m2 (14,886.3 sq. ft.). The proposed use of the property is an eight unit apartment building. The Committee noted the comments of the City's Planning Division, dated April 23, 2003, noting that staff have no major concerns with the Consent for mortgage purposes; however, it must be reviewed on the basis that default of mortgage is possible. If the receiving party wished to dispose of the parcel several issues would have to be considered: a full consent would be required, including rights-of-way for access, and servicing easements, as well as approval of variances to the Zoning By-law. The Planning Division recommended that approval of this application be subject to an agreement being registered on title to ensure that all parties involved are aware of the requirements should there be a default of the mortgage. The Committee expressed concerns with Planning staffs recommended condition. They suggested that Mr. Navaleza discuss the wording of this condition with the owner and perspective lender, and staff provide a report on the other recent Applications for Consent for mortgage purposes, to be further discussed and considered at the Committees May 20th meeting. Moved by Mr. S. Kay Seconded by Mr. P. Britton That consideration of Application for Consent Submission No. B 2003-020, 2015155 Ontario Inc. 274 Highland Road East, be deferred and referred to the Committee of Adjustment meeting of May 20, 2003, to allow the applicants agent an opportunity to discuss the Planning Division's recommended Condition No. 2 with the property owner and perspective lender, and for consideration of a report from staff with respect to other recent Applications for Consent for mortgage purposes where the proposed condition was either recommended by them or imposed by the Committee. Carried COMMITTEE OF ADJUSTMENT 59 APRIL 29. 2003 ADJOURNMENT On motion, the meeting adjourned at 11 :35 a.m. Dated at the City of Kitchener this 29th day of April, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment