HomeMy WebLinkAboutAdjustment - 2003-07-08
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JULY 8. 2003
MEMBERS PRESENT: Messrs. P. Kruse, P. Britton and D. Cybalski.
OFFICIALS PRESENT: Ms. D. Ross, Senior Planner, Mr. B. Sloan, Planner, and Ms. D. Gilchrist,
Acting Secretary-Treasurer.
Mr. P. Kruse, Vice-Chair, called this meeting to order at 10:00 a.m.
Moved by Mr. P. Kruse
Seconded by Mr. D. Cybalski
That the minutes of the regular meeting of the Committee of Adjustment of June 17, 2003, as mailed to
the members, be accepted.
UNFINISHED BUSINESS
MINOR VARIANCE
1.
Submission No.:
Applicant:
Property Location:
LeQal Description:
Carried
A 2003-033
Crown Cleaners Inc.
673 Belmont Avenue West
Part Lot 4, Reoistered Plan 343
The Committee was in receipt of correspondence from the applicant's agent advising that this
application is no longer required, and is therefore withdrawn.
2.
Submission No.:
Applicant:
Property Location:
Legal Description:
A 2003-039
Kehl Kitchener Properties Inc.
185 Kehl Street
Lots 51 & 52, Registered Plan 791, being Parts 1 & 2, Reference
Plan 58R-5721
Appearances:
In Support:
Contra:
Public Submissions:
Mr. J. Gerrard
None
None
The Committee was advised that the applicant requests permission to increase the number of
residential units, within the existing building, to 74 rather than the permitted 68 units, resulting in a
floor space ratio of 1.19 rather than the permitted 1.0.
The Committee considered the comments of the Development & Technical Services Department
staff, dated June 6, 2003, noting the variance for the floor space ratio is not required as it
complies with the Zoning By-law. They recommended approval of the recommended six
additional units, interior to the building.
When questioned, Ms. D. Ross advised that Site Plan approval for this development may be
required, depending on the exact nature of the work to be undertaken.
COMMITTEE OF ADJUSTMENT
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JULY 8, 2003
2. Submission No.: A 2003-039 (Cont'd)
Moved by Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Kehl Kitchener Properties Inc. requesting permission to increase the
number of dwelling units within the existing building from 68 units to 74 units, on Lot 51 & 52,
Registered Plan 791, being Parts 1 & 2, Reference Plan 58R-5721, 185 Kehl Street, Kitchener,
Ontario, BE APPROVED.
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
NEW BUSINESS
1.
Submission No.:
Applicant:
Property Location:
Leaal Description:
A 2003-044
David Faile
41 Deer Ridge Crescent
Lot 4, Reoistered Plan 401
Appearances:
In Support:
Mr. Andrew Faile
Contra:
None
Public Submissions:
None
The Committee was advised that the applicant requests permission to construct a three car,
detached garage having a height of 6.6 m (21.65 ft.) rather than the permitted 5.5 m (18.04 ft.),
having a height at the eaves of 3.06 m (10.03 ft.) rather than the permitted 3.0 m (9.84 ft.).
The Committee noted the comments of the Development & Technical Services Department staff,
dated June 30, 2003, advising that in addition to the variance requested, the application should
be amended to request permission to have two driveways on a lot having a width of 28.206 m
rather than the required 30 m.
Moved by Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of David Faile requesting permission to construct a detached garage having
a height of 6.6 m (21.65 ft.) rather than the permitted 5.5 m (18.04 ft.), with the height at the
eaves being 3.06 m (10.03 ft.) rather than the permitted 3.0 m (9.84 ft.), and permission for 2
driveways on a lot having a width of 28.206 m (92.539 ft.) rather than the required 30 m (98.4 ft.),
on Part Block 4, Registered Plan 58M-88, being Part 6 Reference Plan 58R-11709, 41 Deer
Ridge Crescent, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor in nature.
COMMITTEE OF ADJUSTMENT
92
JULY 8, 2003
1. Submission No.: A 2003-044(Cont'd)
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.
2.
Submission No.:
Applicant:
Property Location:
Leaal Description:
Appearances:
In Support:
Contra:
Public Submissions:
Carried
A 2003-045
Chris & Sheilah Foumier
194 Lancaster S1. East
Part Lots 5 & 6. ReQistered Plan 363
Mr. Chris Foumier
Mr. Ross Wagner
None
None
The Committee was advised that the applicants request permission to construct a new sunroom
and entry porch at the front of the house to have a setback of 3.04 m (10 ft.) from Lancaster
Street rather than the required 4.5 m (14.76 ft.).
The Committee noted the comments of the Development & Technical Services Department staff,
dated June 27, 2003, recommending approval ofthe application.
Moved by Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of Chris & Sheilah Foumier requesting permission to construct a sunroom
and entry porch at the front of the house to have a setback of 3.04 m (10 ft.) rather than the
required 4.5 m (14.76 ft.), on Part Lots 5 & 6, Registered Plan 363. 194 Lancaster S1. East,
Kitchener, Ontario, BE APPROVED.
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.
3.
Submission No.:
Applicant:
Property Location:
Legal Description:
Carried
A 2003-047
Stephen Megalos-McKeown
106 Strange
Part Lot 484, Registered Plan 378, being Part 4, Reference Plan 58R-
8661
Appearances:
In Support:
Contra:
Public Submissions:
Mr. S. Megalso-McKeown
Mr. C. Gosselin
Mr. & Mrs. C. Gosselin
COMMITTEE OF ADJUSTMENT
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JULY 8, 2003
3. Submission No.: A 2003-047 (Cont'd)
The Committee was advised that the applicant requests permission for an attached garage to
have a northerly side yard of 0.83 m (2.75 ft.) rather than the required 1.2 m (4 ft.).
The Committee noted the comments of Development & Technical Services Department staff,
dated June 25, 2003, recommending this application be approved as submitted.
The Committee considered the written submission of Christopher & Shirley Gosselin, 110
Strange Street, dated July 7, 2003, stating that the regrading of the subject property for
construction of the garage has impacted their property. They ask that consideration of this
application be deferred to allow an opportunity for staff to work with themselves and the applicant
to resolve certain issues.
Mr. C. Gosselin was in attendance to support the written submission of himself and his wife, and
explain the problems which have occurred on their property as a result of the construction of the
garage.
Moved by Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Stephen Megalos-McKeown requesting legalization of an attached garage
with a northerly sideyard of 0.83 m (2.75 ft.) rather than the required 1.2 m (4 ft.), on Part Lot 484,
Registered Plan 378, being Part 4, Reference Plan 58R-8661 , 106 Strange Street, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall receive approval of a lot grading and drainage plan from the Chief
Building Official; the said plan to be determined in consultation with the property owner
and the owners of 110 Strange Street.
2. That the owners shall receive approval from the Chief Building Official tor erosion, siltation
control and slope stabilization measures, which could include landscaping; these
measures to be decided upon in consultation with the owners of 110 Strange Street.
3. That conditions of 1 & 2 above shall ensure maintenance of the common fence between
106 & 110 Strange Street.
4. That conditions 1, 2 & 3 above shall be satisfied prior to approval of any amendments to
the existing building permit or approval of a new building permit tor the roof attachment
over the garage.
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
94
JULY 8,2003
CONSENT
Property Location:
Legal Description:
B 2003-027
Helene Schleimer, Alfred Schleimer, Edward Schleimer & Rosemarie
Gunn, in trust
95 Kehl Street
Part Lot 32, Registered Plan 384, being Part 3, Registered Plan 58R-
9093
1.
Submission No.:
Applicant:
Appearances:
In Support:
Mr. H. Groh
Contra:
None
Public Submissions:
None
The Committee was advised that the applicants request permission to convey a parcel of land
having a width on Kehl Street of 15.21 m (49.9 ft.) by a depth of approximately 81 m (265.74 ft.)
and an area of 1,236.82 m2 (13,313.45 sq. ft.). The existing and proposed use of the property is a
house and 7 unit apartment building.
The Committee noted the comments of the Development & Technical Services Department staff,
dated June 25, 2003, recommending the application be granted.
The Committee noted the comments of the Region's Department of Planning, Housing &
Community Services, dated July 2,2003, advising they have no concerns with this application.
Moved by Mr. D. Cybalski
Seconded by Mr. P. Britton
That the application of Helene Schleimer, Alfred Schleimer, Edward Schleimer & Rosemarie
Gunn, in trust requesting permission to convey a parcel of land having a width on Kehl Street of
15.21 m (49.9 ft.) by a depth of approximately 81 m (265.74 ft.) and having an area of 1,236.82
m2 (13,313.45 sq. ft.), on Part Lot 32, Registered Plan 384, being Part 3, Reference Plan 58R-
9093,95 Kehl Street, Kitchener, Ontario, BE GRANTED, subject to the following condition:
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.
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 July 8, 2005.
Carried
COMMITTEE OF ADJUSTMENT
2.
Submission No.:
Applicant:
Property Location:
LeQal Description:
Appearances:
In Support:
Contra:
Public Submissions:
95
JULY 8, 2003
B 2003-029
Luke Misurka
61 Waterloo Street
Part Lot 46. Reqistered Plan 376
Mr. L. Misurka
Mr. G. Schaffer
None
None
The Committee was advised that the applicant requests permission to convey a parcel of land
. having a width on Waterloo Street of 9.144 m (30 ft.), a depth of 27.53 m (90.35 ft.), and an area
of 251.73 m2 (2,709.68 sq. ft.). The existing and proposed use of the property is a single family
dwelling.
Based on the recommendation of Development & Technical Services Department staff that
variances to the City's Zoning By-law will have to be considered, for both the severed and
retained lands, it was agreed by all parties that consideration of this application be adjourned until
August 19, 2003.
3.
Submission Nos.:
Applicant:
Property Location:
LeQal Description:
Appearances:
In Support:
Contra:
Public Submissions:
B 2003-030 & B 2003-031
Willis Aluminum
Glasgow Street
Part Lot 38. German Company Tract
Messrs. D. & M. Willis
None
None
The Committee was advised that the applicant requests permission to convey 2 new lots, each
having a width on Glasgow Street of 16.46 m (54 ft.), a depth of 138.53 m (454.49 ft.), and an
area of 2280.2 m2 (24,544.67 sq. ft.). Each new lot will be developed with a house and shop
(storage area).
The Committee noted the comments of the Development & Technical Services Department staff,
dated June 30, 2003, recommending approval of these applications, subject to several conditions.
The Committee noted the comments of the Grand River Conservation Authority, dated June 26,
2003, noting that a small part of the land lies within 30 m of a wetland. Any future construction
within the wetland or the 30 m buffer will require the prior written approval of the Grand River
Conservation Authority.
The Committee noted the comments of the Region's Planning, Housing & Community Services
Department, dated July 2, 2003, advising they have no objection to the approval of these
applications, subject to two conditions relating to an archaeological assessment and water
pressure.
At the request of Mr. B. Sloan, the Committee agreed to amend the Region's condition with
respect to water pressure.
COMMITTEE OF ADJUSTMENT
96
JULY 8, 2003
3. Submission Nos.: B 2003-030 & B 2003-03HCont'd)
Submission No. B 2003-030
Moved by Mr. P. Britton
Seconded by Mr. D. Cybalski
That the application of Willis Aluminum requesting permission to convey a parcel of land having a
width on Glasgow Street of 16.46 m (54 ft.), by a depth of 138.53 m (454.49 ft.) and an area of
2,280.2 m2 (24,544.67 sq. ft.) on Part Lot 38, German Company Tract, Glasgow Street, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall submit, for the review of the City's Chief Bui/ding Official, a
geotechnical investigation competed by a professional engineer confirming the suitability
of the severed and retained lands for private in-ground sewage disposal systems.
2. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (except sanitary)
to the severed and retained lands.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, paved driveway ramps, and culverts (if necessary) on the severed
and retained lands.
4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained
lands in accordance with the City's Tree Management Policy, to be approved by the
City's Environmental Planner and where necessary, implemented prior to any
grading, tree removal or the issuance of building permits. Such plans shall include,
among other matters, the identification of a proposed building envelopelwork zone,
landscaped area and vegetation to be preserved.
b) That the owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Environmental
Planner.
5. 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.
6. That the owner shall submit to the Ministry of Culture, for their approval, an archaeological
assessment for the subject property; a copy of the completed assessment shall be
forwarded to the Regional Commissioner of Planning, Housing & Community Services, for
clearance of this condition.
7. That the owner shall enter into an agreement with the City of Kitchener to include the
following waming clause in offers to purchase and sale and/or any rental agreements for
the subject lands, for buildings constructed within final elevations greater than 375 MASL:
"Purchasers are advised that prior to the implementation of the new Kitchener Pressure
Zone 6, scheduled for 2005, water pressures may be below the Region's water supply
goals during periods of elevated water demand."
AND FURTHER, that this agreement shall be released after implementation of Kitchener
Pressure Zone 6.
COMMllTEE OF ADJUSTMENT
97
JULY 8, 2003
3. Submission Nos.: B 2003-030 & B 2003-03HCont'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 July 8, 2005.
Carried
Submission No. B 2003.Q31
Moved by Mr. P. Britton
Seconded by Mr.D. Cybalski
That the application of WiUis Aluminum requesting permission to convey a parcel of land having a
width on Glasgow Street of 16.46 m (54 ft.), by a depth of 138.53 m (454.49 ft.) and an area of
2,280.2 m2 (24,544.67 sq. ft.) on Part Lot 38, German Company Tract, Glasgow Street, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall submit, for the review of the City's Chief Building Officlal,a
geotechnical investigation competed by a professional engineer confirming the suitability
of the severed and retained lands for private in-ground sewage disposal systems.
2. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (except sanitary)
to the severed and retained lands.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, paved driveway ramps, and culverts (if necessary) on the severed
and retained lands.
4. That the owner shan enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shaD
include the following:
a) That the owner shall prepare a TreE' Preservation Plan for the severed and retained
lands in accordance with the City's Tree Management Policy, to be approved by the
City's Environmental Planner and where necessary, implemented prior to any
grading, tree removal or the issuance of building permits. Such plans shall include,
among other matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
b) That the owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Environmental
Planner.
5. 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.
COMMITTEE OF ADJUSTMENT
98
JULY 8, 2003
3. Submission Nos.: B 2003-030 & B 2oo3-031(Cont'd)
6. That the owner shall submit to the Ministry of Culture, for their approval, an archaeological
assessment for the subject property; a copy of the completed assessment shall be
forwarded to the Regional Commissioner of Planning, Housing & Community Services, for
clearance of this condition.
7. That the owner shall enter into an agreement with the City of Kitchener to include the
following waming clause in offers to purchase and sale and/or any rental agreements for
the subject lands, for buildings constructed within final elevations greater than 375 MASL:
"Purchasers are advised that prior to the implementation of the new Kitchener Pressure
Zone 6, scheduled for 2005, water pressures may be below the Region's water supply
goals during periods of elevated water demand."
AND FURTHER, that this agreement shall be released after implementation of Kitchener
Pressure Zone 6.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderty 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 July 8, 2005.
Carried
4.
Submission Nos.:
Applicant:
Property Location:
Leaal DescriDtion:
B 2003-032 & B 2003-033
Watertoo North Condominium Corporation!
Anne Marie Sully & Michael Alexander Maximilen Sully
Glasgow Street
Part Lot 38. German Comoany Tract
Appearances:
In Support:
Ms. A. Sully
Mr. C. Robson
Contra:
None
Public Submissions:
None
The Committee was advised that the applicants request permission to convey a small portion of
land to the other as a lot addition. Each parcel of land to be conveyed will have an area of
approximately 18.4 m2(198.06 sq. ft.).
Based on the recommendation of Development & Technical Services Department staff that a
Zone Change and Municipal Plan Amendment may be required, it was agreed by all parties that
these applications be adjoumed until July 29, 2003.
COMMITTEE OF ADJUSTMENT
5.
Submission Nos.:
Applicant:
Property Location:
Leaal Description:
Appearances:
In Support:
Contra:
Public Submissions:
99
JULY 8, 2003
B 2003-034 & B 2003-035
Pioneer Sportsworld Inc.
100 Sportsworld Drive
Part Lots 8 & 9, Beasley's Broken Front Concession
Mr. J. Ward
None
None
The Committee was advised that the applicant requests permission to convey two parcels of
land. The first, to be developed with a hotel, will have a width on Highway No.8 of 87.64 m
(287.53 ft.), a depth of 102.41 m (335.99 ft.), and an area of 9007 m2 (96,953.71 sq. ft.). The
second lot, to be developed with an indoor ice rink, will have a width on Highway 8 of 208.13 m
(682.84 ft.), a depth of 110.81 m (363.54 ft.), an area of 19,181 m2 (206.469.32 sq. ft.), and have
an irregular shape. Both new lots will gain access to and from Sportsworld Drive via a right-of-
way over the retained lands.
Based on the recommendation of City staff and the written comments received from the Ministry
of Transportation, dated June 24, 2003, it was agreed by all parties that consideration of these
applications be adjoumed until July 29, 2003.
The Committee directed staff to obtain a legal opinion, in time for the July 29, 2003 meeting, on
the following:
Is it appropriate for a body that has the power to expropriate land, to obtain through the
Committee of Adjustment process what they could otherwise obtain through the expropriation
process.
MINOR VARIANCE & CONSENT
1.
Submission Nos.:
Applicant:
Property Location:
Leaal DescriDtion:
Appearances:
B 2003-028 & A 2003-046
Octavian & Zlatina Candale
115 South Drive
Parts of Lots 264 & 265. Reaistered Plan 230
In Support: None
Contra: None
Public Submissions: None
On the advice of City staff that the applicants are in the process of trying to purchase vacant City
land adjacent to the subject property, the Committee adjourned these applications to August 19,
2003.
r
COMMITTEE OF ADJUSTMENT
100
JULY 8, 2003
ADJOURNMENT
On motion, the meeting adjoumed at 11 :00 a.m.
Dated at the City of Kitchener this 8th day of July, 2003.
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Dianne H. Gilchrist
Acting Secretary-Treasurer
Committee of Adjustment
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