Loading...
HomeMy WebLinkAboutAdjustment - 2003-12-09 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 9. 2003 MEMBERS PRESENT: Ms. D. Angel, and Messrs. P. Britton, B. Isaac and Z. Janecki. Mr. D. Cybalski was in attendance for part of the meeting. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer. Moved by Mr. B. Isaac Seconded by Mr. Z. Janecki That Mr. P. Britton be appointed Chair of the Committee of Adjustment, and Mr. D. Cybalski be appointed Vice-Chair of the Committee of Adjustment, for a term to expire November 30, 2004. Carried Mr. P. Britton, Chair, called the meeting to order at 9:30 a.m. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of November 18. 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS 1. Submission No.: Applicant: Property Location: l.eaaIDescription: B 2003-047 Edward (Ted) Simmons 1218 & 1222 Doon Village Road Part lot 3. Biehn's Tract Appearances: In Support: Mr. T. Simmons Contra: Mr. & Mrs. B. Kinzie Public Submissions: Mr. & Mrs. B. Kinzie Mr. & Mrs. V. Schwindt Mr. R. Haalboom The Committee was advised that the applicant requests permission to sever a parcel of land for residential use, having a width of 85.31 m (279.89 ft.) on Doon Village Road, a depth of 72.85 m (239.D1 ft.). and an area of 6,171.47 m2 (66,431.32 sq. ft.). The Committee noted the comrnents of the Development & Technical Services Department, dated November 27,2003, advising that based on the revised severance plan submitted by the applicant, they recommend approval of the application. It is 110ted in the comments that a parking plan for the church use, proposing a two-way driveway leading to a parking lot at the rear of the church property, containing 39 parking spaces, has been approved by the Manager of Design and Development. The comments also note that the number of parking spaces required for the church use is 21, whereas the applicant will provide 39 spaces. City staff believe the applicant has made every effort to address neighbourhood concerns related to access and parking. COMMI1TEEOF ADJUSTMENT 173 DECEMBER 9,2003 1. Submissi9n ~.:B 2003-;041 ~Cont'd) The Committee noted the comments of the Grand River Conservation Authority, dated November 21, 2003, adviSing they have no objection to the .approval of this application, and that a Fill, Construction & Alteration to Waterways Permit will be required prior to construction of the house, driveway, and septic system on the severed lands. The Committee noted the comments of the Region of Waterloo Planning, Housing & Community Services, dated September 24,2003, adviSing they have no objection to this application. The Committee considered the public submissions of neighbourhood residents outlining their concerns with thiS application. Mr. B. Sloan reviewed the amended application, noting that the retained land will contain the existing Wedding Chapel. The severed land is a large lot which will possibly be developed with a semi-detached dwelling. He noted that the one issue to be dealt with is the parking for the Wedding Chapel, as the neighbours have concerns with the parking on this site. Mr. Sloan noted that the amended consent plan provides a larger retained land, which provides room for a new 2 way driveway, and a gravel parking lot to accommodate 39 cars. Further, a geotechnical investigation has concluded that the smaller severed land, now proposed, can accommodate a private septic system. Mr.$immons addressed the Committee advising that he has revised his consent application to provide a larger retained parcel and more parking, as a result of considering the concerns of the neighbours. He advised that the chapel has 120 chairs, although, on occasion, more than 120 people occupy the building. Mr. Simmons advised that he is in agreement with staffs recommended conditions. When questioned by the Committee, Mr. Simmons stated that the additional parking recommended by staff will address the on-street parking concerns most of the time, but people may still park on the street when wedding ceremonies overlap. Mr. & Mrs. Kinzie advised the Committee of their concerns with the parking for the Wedding Chapel, including: . they have a right-of-way over Part 7 on the consent plan, which is also part of the driveway for the Wedding Chapel; . the right-of-way is regularly blOCk by vehicles, preventing them access to their property; . the proposed parking area abuts their children's play area in their rear yard which causes concems about safety; . the proposal wUlincrease traffic on the right-of-way; . the current parking area is much larger than that proposed, and there are parking problems even with a larger parking lot; . the parking problems will worsen with a smaller parking lot. When questioned by the Committee, Mr. & Mrs. Kinzie advised that when they purchased their property, they were aware that the abutting property was used as a Wedding Chapel, and that access to their property was via a right-of-way. Mr. Simmons responded that he is concerned about the safety of the neighbours' children which is why he is proposing to move the main parking lot access to the other side of the retained land. Further, the parking lot will be gravel surfaced with the individual parking spaces marked. When questioned by the Committee, Mr. Simmons advised the existing driveway will be used to provide access to the wheelchair ramp on the easterly side of the Wedding Chapel. COMMITTEE OF ADJUSTMENT 174 DECEMBER 9, 2003 1. Submission No.: B 2003-047 (Cont'd) The Committee questioned the "L" shaped retained land, and was advised by Mr. Simmons that the retained land is configured in that way in order to provide enough room on the severed land for a septic system. The Chair advised that he appreciates the merits of this application, as well as the merits of the neighbours' concerns. He proposed the matter be deferred to allow the applicant to consider, and staff to comment on, the possibility of reconfiguring the retained land so the westerly lot line would run directly from the street to the rear lot line. Mr. Sloan responded that Grand River Conservation Authority staff may have concerns with switching the location of the house and the septic system, due to the location of the floodline. The only possibility may be a different type of septic system. The Committee generally agreed to defer and refer its consideration of this application to February 10, 2004 to allow opportunity for the following: (a) consideration of changing the severance line so it runs in a straight line directly from the street to the rear lot line; (b) consideration of switching the location of the house and proposed septic system for the severed land, including use of a different type of septic system; (c) advice from staff as to whether parking is prohibited on this portion of Doon Village Road; (d) staff to provide the wording of a condition which would ensure the 2-way driveway is installed on the west side of the Chapel, on the retained land; and, (e) the applicant to provide a draft reference plan. 2. Submission Nos.: Applicant: Property Location: Leaal Description: B 2003-028 & A 2003-046 Octavian & Zlatina Candale 115 South Drive Parts of Lots 264 & 265. Reaistered Plan 230 At the request of the applicant, the Committee generally agreed to defer and refer consideration of this application to its meeting scheduled for Tuesday February 10, 2004. Mr. D. Cybalski left the meeting at this time. This meeting recessed at 10:35 a.m. to allow for consideration of variances to the City's Sign & Fence By-laws, and reconvened at 11 :15 a.m. with the following members present: Ms. D. Angel and Messrs. P. Britton, B. Isaac & Z. Janecki. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leaal Description: A 2003-089 Westberry Homes Inc. 15 Swartz Street Lot 69. Reaistered Plan 58M-247 Appearances: In Support: Mr. B. Blackmere Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 175 DECEMBER 9, 2003 1. Submission No.: A 2003-089 (Cont'd) The Committee was advised that the applicant requests permission to legalize a single family dwelling with an easterly sideyard of 1.142 m (3.75 ft.) rather than 1.2 m (4 ft.). The Committee noted the comments of the Development & Technical Services Department, dated November 28, 2003, recommending approval of the application. Moved by Mr. B. Isaac Seconded by Ms.D. Angel That the application of Westberry Homes Inc. requesting legalization of an existing single family dwelling having an easterly sideyardof 1.142 m (3.75 ft.) rather than the required1.2 m (4ft.) on Lot 69, Registered Plan 58M-247, 15 Swartz Street, Kitchener, Ontario BE APPROVED, subject to the foHowing condition: 1. That the variance as approved in this application shall apply to the dwelling generally as shown on the surveyor's real property report, prepared by Metz & Lorentz Ltd., dated October 22, 2003. 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 2. Submission No.: Applicant: Property Location: Legal Description: A 2003-090 Baleegh VI.Hassan 368 Park Street Part Lot 4, Registered Plan 387 Appearances: In Support: Mr. B. VI-Hassen Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to construct a storage room addition to a legal non-conforming variety store with a setback of 1.03 m (3.39 ft.) from Glasgow Street. The Committee noted the comments of the Development & Technical Services Department, dated December 1, 2003, recommending that the Committee's consideration of this application be deferred and referred to their meeting of January 13, 2004, to allow for consideration of a site plan revision application. Of particular interest to staff is the assurance that adequate parking and a safe traffic circulation can be accommodated on the site. Mr. UI-Hassen advised that the purpose of the addition is to provide storage space for the existing retail use, and not to expand the area for retail sales. The Committee generally agreed to defer and refer their consideration of this application to January 13, 2004, and as part of their comments for that meeting, staff are requested to provide an opinion as to whether this matter should be the subject of a zone change application. COMMITTEE OF ADJUSTMENT 176 DECEMBER 9, 2003 CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2003-053 Hallman Construction Limited Strasburg Road and Huron Road Part Lot 11, Biehn's Tract, Lots 'C', 5-12,15,16 and 145 - 147, The Mill Lot and Part of Lots 'D', 1-4, 13,14,17-23, 144, 189 & 190, Victoria Street and Parts of John Street and William Street (closed by By-law 1009, Instrument No. 1091231), Registered Plan 640 Mr. P. Britton declared a pecuniary interest in this application as his planning firm represents the applicant, and did not participate in any discussion or voting with respect to this application. Mr. Z. Janecki chaired the meeting during consideration of this application. Appearances: In Support: Ms. A. Cutler Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on on Strasburg Road of 260.5 m (854.65 ft.) and an area of 2.25 ha (5.56 acres); reserving an easement for services over 896 m2 (9644.46 sq. ft.) of the severed land in favour of the retained land. The proposed use of the property is a church. The Committee noted the comments of the Development & Technical Services Department, dated December 1, 2003, recommending consideration of this application be deferred, to allow City and Grand River Conservation Authority staff to review the necessary Environmental Impact Study. The Committee noted the comments of the Region of Waterloo Planning, Housing & Community Services, dated December 3, 2003, advising they have no objection to this application. The Committee noted the comments of the Grand River Conservation Authority, dated December 3, 2003, advising they have reviewed a satisfactory Scoped Environmental Study, prepared by Ecoplans Limited, dated November 3, 2003; consequently, they have no objection to this application. Mr. B. Sloan advised the Committee that since the Development & Technical Services Department report was prepared, City staff and Grand River Conservation Authority staff have had an opportunity to review the Environmental Impact Study. The City now recommends approval of this application subject to certain conditions. Mr. Sloan provided the City's recommended conditions to the applicant's agent and the Committee members. The Committee was in receipt of correspondence from MacNaughton Hermsen Britton Clarkson Planning Limited, dated December 1, 2003, providing a revised consent plan, and requesting the following amendments to the application: . a shift in the easement so that it will be located north of the storm water management pond; and, . reciprocal easements over the lands to severed and retained for the purpose of storm water management; and, . storm water management easement(s) in favour of the City of Kitchener for potential maintenance purposes. Ms. A. Cutler addressed the Committee on behalf of the applicant and provided them with revised consent plans for this application. With respect to the City's recommended conditions, Ms. Cutler requested that the easement over Parts 5 and 7 on the revised sketch be provided to the City for maintenance purposes only if determined to be necessary. COMMITTEE OF ADJUSTMENT 177 DECEMI;lER 9, 2003 1. Submission No.: B 2003-053 (Cont'd) Movel;iby ,l\IIs. .0. Angel Seconded "by ,Mr.B. Isaac That the application of Hallman Construction Limited requesting permission to convey a parcel of land having a frontage on Strasburg Road of approximately 244.5 m (802.72 ft.) .and an area of approximately 19,882 m2 (214,015.06 sq. ft.); reserving an easement over Part 4 on the revised consent plan for sanitary sewer purposes, and over Part 5 on the revised ~onsent plan for storm water management PUrposes; together with an easement over Part 7 of the revised consent plan for storm water management, on Part Lot 11, Biehn's Tract, Lots 'C', 5-12,15,16 and 145 - 147 The Mill Lot and Part of Lots '0', 1-4, 13,14,17-23, 144, 189 & 190, Victoria Street and Parts of John Street and William Street (closed by By-law 1009, Instrument No. 1091231), Registered Plan 640, Strasburg Road and Huron Road, 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 pay a cash-in-Iieu of parkland dedication equal to 2% of the value of the lands to be severed, if required. 3. That the owner shall make satisfactory financial arrangements with the City's Director of Engineering with respect to the following: (a) the installation of all new service connections to the severed and retained lands as may be required; and, (b) the installation, to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed and retained lands. 4. That the owner shall reserve an easement over Part 4 on the revised consent plan for sanitary sewer purposes; with this easement to be described and shown on a reference plan to the satisfaction of the City's Director of Engineering. 5. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, Parts 2 & 6 on the revised consent plan. 6. That the owner shall reserve an easement over Part 5 on the revised consent plan for storm water management purposes, and if required, grant an easement over Part 7 on the revised consent plan in favour of the severed land for stormwater management purposes; further, if required, the owner shall provide the City of Kitchener with an easement over Parts 5 & 7 on the revised consent plan for maintenance purposes. 7. That all easements required in this decision shall be described and shown on a Reference Plan to the satisfaction of the City's Director of Engineering. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly develop,rnent 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 Municipa,l Plan and the Regional Official Policies Plan. . COMMITTEE OF ADJUSTMENT 178 DECEMBER 9, 2003 1. Submission No.: B 2003-053 (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 December 9,2005. Carried 2. Submission No.: Applicant: Property Location: Leaal Description: B 2003-054 Walter Bruder 67 Siebert Lot 89. Reoistered Plan 812 Appearances: In Support: Mr. W. Bruder Mr. R. Colquhoun Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Siebert Street of 1.55 m (5.09 ft.), by a depth of 33.654 m (110.41 ft.), and an area of 61.7 m2 (664.16 sq. ft.) as a lot addition to 57 Siebert Street. The Committee noted the comments of the Development & Technical Services Department, dated November 26, 2003, recommending approval of this application. The Committee noted the comments of the Region of Waterloo Planning, Housing & Community Services, dated December 3, 2003, advising they have no objections to this application. Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Walter Bruder requesting permission to convey a parcel of land having a width on Siebert Street of 1.55 m (5.09 ft.), by a depth of 33.654 m (110.41 ft.), and an area of 61.7 m2 (664.16 sq. ft.) as a lot addition to 57 Siebert Street, on Part Lot 89, Registered Plan 812,67 Siebert Street, 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 land to be severed in this application shall be added to the abutting land at 57 Siebert Street, and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. 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 179 DECE"~ 9,2003 2. Submission No.: B 2003-054 (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 December 9, 2005. Carried 2. Submission No.: Applicant: Property Location: Leaal Description: B 2003-055 Silvia Gheju Glasgow Street Part Lot 38. German Companv Tract Appearances: In Support: Mr. T. Gallamore Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a frontage on Glasgow Street of 22.86 m (75 ft.), by a depth of 190.5 m (625 ft.), and an area of 4354.83 m2 (46,875 sq. ft.) for industrial use. The Committee noted the comments of the Development & Technical Services Department, dated November 28, 2003 recommending conditional approval of this application. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated December 3, 2003, advising they have no objection to the application. The Committee noted the comments of the Grand River Conservation Authority, dated November 24, 2003, advising they have no objection to this application Mr. Gallamore advised that the applicant is in agreement with staff's recommended conditions. Moved by Mr. Z. Janecki Seconded by Ms. D. Angel That the application of Silvia Gheju requesting permission to convey a parcel of land having a frontage on Glasgow Street of 22.86 m (75 ft.) by a depth of 190.5 m (625 ft.) and an area of 4345.83 m2 (46,875 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 Official, a geotechnical investigation completed by a professional engineer confirming the suitability of the severed lot for a private in-ground sewage disposal system. This report will include the location of any existing sewage system to the proposed property line(s). 2. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the following: (a) the installation of all new service connections to the retained and severed lands: and, (b) the installation, to City standards of boulevard landscaping including street trees, and a paved driveway ramp, on the retained and severed lands. COMMITTEE OF ADJUSTMENT 180 DECEMBER 9, 2003 2. Submission No.: B 2003-055 (Cont'd) 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 December 9, 2005. 2. Submission No.: Applicant: Property location: leaal Description: B 2003-056 - 8 2003-062 Incl. 1071745 Ontario Limited Proposed Winding Meadow Court Part Lot 38. German Company Tract Mr. Z. Jancki declared a pecuniary interest in this matter and did not participate in any discussion or voting with respect to these applications. Appearances: In Support: Mr. R. Hardie Mr. H. Thompson Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey 7 parcels of land for residential use, which will have frontage on a new public road to be called Winding Meadow Court. The Committee noted the comments of the Development & Technical Services Department, dated December 2, 2003, recommending consideration of these applications be deferred to allow the existing right-of-way to be released from the land that would be the end of Winding Meadows Court, in advance of Winding Meadows Court being registered and opened by by-law. A deferral would also allow consideration of either the registration of the adjacent Stage 1 of plan of subdivision 30T-01202 and/or modifications to the associated plans of subdivision. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated December 3, 2003, recommending deferral of consideration of these applications pending completion of appropriate modifications to draft plan of approval for 30T- 01202. Mr. Thomspon spoke in opposition to the deferral of these applications, advising that the abutting plan of subdivision owned by Sunvest Development Corp. can be registered at any time. The applicant wants to be in the position of being able to develop these lots as soon as the Suvest plan of subdivision is registered. Further, Mr. Thompson advised that the servicing for these proposed lots is being provided by Sunvest, through their subdivision. COMMITTEE OF ADJUSTMENT 181 DECEMBER 9. 2003 2. Submission No.: B 2003-056 -8 2003-062Incl. (Cont'd) Mr. Sloan addressed the Committee explaining staffs request for deferral, noting that the proposed new lots currently do not have frontage on a public street. Further, he noted that the subdivision on the adjacent lands has not yet been registered, and it is beyond this applicant's ability to meet any conditions related to the abutting subdivision as that land is not owned by this applicant. When questioned by the Committee as to urgency in obtaining approval for these applications, Mr. Hardie explained that there are 4 conditions in the plan of subdivision for the abutting property linked directly to the subject property which need to be fulfilled. Mr. Hardie provided the Committee with a copy of correspondence from the City of Kitchener, dated September 30,2003, listing the conditions of the draft approval of Plan of Subdivision 30T- 02205, the subject lands being part of that proposed subdivision. Mr. Hardie suggested conditions of the draft approved subdivision which may appropriately apply to the lands which are the subject of these Applications for Consent. Mr. Sloan requested that, should the Committee decide to approve these applications, that the following conditions be included in the decisions, in addition to any other conditions determined by the Committee: (a) payment of taxes, if oustanding; (b) dedication to the City of those lands required to complete Winding Meadow Court as well as the road being constructed and opened; (c) deferral agreement for parkland dedication; (d) modification ofthe subdivision agreement to remove these lands from the subclivsion; (e) registration ofthe abutting plan of subdivision; and, (f) that those severed parcels to be conveyed as lot additions to be conveyed to the identical owner as the blocks to which they are to be attached. Mr. Britton spoke in support of these applications as City Council has endorsed both plans of subdivision, and Winding Meadow Court in under construction. Submission No. B 2003.056 Moved by Mr. Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the easterly side of 35.74 m (117.26 ft.), and on the westerly side of 31.99 m (104.95 ft.), and an area of 353.9 m2 (3,809.47 sq. ft.), as a lot addition to Block 81, Draft Plan of Subdivision 30T-01202, on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T-01202 immediately adjacent to the lands to be severed in Submission No.'s B 2003-056 to B 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T -02205 regarding the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. COMMITTEE OF ADJUSTMENT 182 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s B2003-056 to B2003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T -02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s B 2003-056 to B 2003-062, which shall included the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That, prior to endorsement of severance documents for registration, the owner shall make arrangements for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associatM with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. COMMITTEE OF ADJUSTMENT 183 DECEWlER 9, 2003 2. Submission .No.: B 2003-056 -B 2003-0621ncl. (Cont'd) (g) That prior to endorsement of severance documents for registration, the owner shall register on title oHhe lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following waming clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Water100 and may cause concem to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the Mure installation of a central air conditioning system by the occupants. " (h) That prior to endorsement of severance documents for registration, the owner shall include the following waming clause to be registered on titled and inducted in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6. tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. 0> That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from conStruction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062. (m) That prior to endorsement of seve.rance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. . 8. . That the land to be severed shall be added to Block 81, Draft Plan of Subdivision 30T- 01202 and title shall be taken in identical ownership, with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and order1y 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 184 DECEMBER 9, 2003 2. Submission No.: 82003-056 - 8 2003-062 Incl. (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 December 9, 2005. Carried Submission No. B 2003-057 Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the easterly side of 31.99 m (104.95 ft.), and on the westerly side of 42.562 m (139.64 ft.), and an area of 519.5 m2 (5,592.03 sq. ft.), as a lot addition to 810ck 80, Draft Plan of Subdivision 30T-01202, on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, 8E GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T -01202 immediately adjacent to the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T-02205 regarding the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s 82003-056 to 82003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T-02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s 8 2003-056 to 8 2003-062, which shall included the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief 8uilding Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief 8uilding Official has confirmed that such system is operational. COMMITTEE OF ADJUSTMENT 185 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-0621ncl. (Cont'd) (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That, prior to endorsement of severance documents for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (9) That prior to endorsement of severance documents for registration, the .owner shall register on title of the lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following warning clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concem to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." {h) That prior to endorsement of severance documents for registration, the owner shall include the following warning clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: .Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. 0> That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. COMMITTEE OF ADJUSTMENT 186 DECEMBER 9, 2003 2. Submission No.: 82003-056 - 8 2003-062 Incl. (Cont'd) (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s 8 2003-056 to 8 2003-062. (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 8. That the land to be severed shall be added to 810ck 80, Draft Plan of Subdivision 30T- 01202 and title shall be taken in identical ownership with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. 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 8y-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 December 9, 2005. Carried Submission No. B 2003.058 Moved by Mr. Mr. P. Britton Seconded by Mr. B.lsaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the easterly side of 42.562 m (139.64 ft.), and on the westerly side of 60.761 m (199.35 ft.), and an area of 863.6 m2 (9,296.02 sq. ft.), on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T -01202 immediately adjacent to the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T-02205 regarding the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s 82003-056 to 82003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T-02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. \ COMMITTEE OF ADJUSTMENT 187 DECEMe.ER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s B 2003-056 to B 2003-062, which shall induded the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilrnot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That. prior to endorsement of severance documents for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (9) That prior to endorsement of severance documents for registration, the owner shall register on title of the lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following warning clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." COMMITTEE OF ADJUSTMENT 188 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) (h) That prior to endorsement of severance documents for registration, the owner shall include the following warning clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. 0) That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062. (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. 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 December 9, 2005. Carried COMMITTEE OF ADJUSTMENT 189 DECEMBER 9,2003 2. Submission No.: 82003-056 - 8 2003-062 Incl. (Cont'd) Submission No. B 2003-059 Moved by Mr. Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the northerly side of 45.159 m (148.16 ft.), and on the southerly side of 60.761 m (199.35 ft.), and having an area of 834.1 m2 (8,978.47 sq. ft.), on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T-01202 immediately adjacent to the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T -02205 regarding the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s 82003-056 to 82003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T -02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T -02205,required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment (If any outstanding municipal property taxes and/or local improvement charges. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s 8 2003-056 to 8 2003-062, which shall included the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief 8uilding Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief 8uilding Official has confirmed that such system is operational. (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. COMMITTEE OF ADJUSTMENT 190 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) (e) That, prior to endorsement of severance docu ments for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (g) That prior to endorsement of severance documents for registration, the owner shall register on title of the lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following waming clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." (h) That prior to endorsement of severance documents for registration, the owner shall include the following warning clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. 0) That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062. (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. COMMITTEE OF ADJUSTMENT 191 DECEMBER 9, 2003 2. Submission No.: 82003-056 - 8 2003-0621ncl. (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 8y-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 December 9, 2005. Carried Submission No. B 2003.060 Moved by Mr. Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the northerly side of 41.474 m (136.07 ft.), and on the southerly side of 45.159 m (148.16 ft.), and having an area of 624.3 m:l (6,720.13 sq. ft.), on Part Lot 38, German Company Tract. proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T-01202 immediately adjacent to the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T -02205 regarding the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s 82003-056 to 82003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T-02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s 8 2003-056 to 8 2003-062, which shall included the following: r COMMITTEE OF ADJUSTMENT 192 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That, prior to endorsement of severance documents for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (g) That prior to endorsement of severance documents for registration, the owner shall register on title of the lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following warning clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concem to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." (h) That prior to endorsement of severance documents for registration, the owner shall include the following waming clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. U) That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. COMMITTEE OF ADJUSTMENT 193 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 lncl. (Cont'd) (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062. (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. 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 December 9, 2005. Carried Submission No. B 2003..061 Moved by Mr. Mr. P. Britton Saconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a depth on the northerly side of 42.429 m (139.2 ft.), and on the southerly side of 41.474 m (146.07 ft.), and having an area of 610.9 m2 (6,575.89 sq. ft.), as a lot addition to Block 79, Draft Plan of Subdivision 30T-01202, on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T-01202 immediately adjacent to the lands to be severed in Submission No.'s B 2003-056 to B 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T-02205 regarding the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. COMMITTEE OF ADJUSTMENT 194 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-0621ncl. (Cont'd) 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s B2003-056 to B2003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T-02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s B 2003-056 to B 2003-062, which shall included the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct-ta-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted untU the City's Chief Building Official has confirmed that such system is operational. (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise prcvided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That, prior to endorsement of severance documents for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (g) That prior to endorsement of severance documents for registration, the owner shall register on title of the lands to be severed, and include in all offers to purchase and sale agreements for the lands to be severed, the following warning clause: COMMITTEE OF ADJUSTMENT 195 DECEMBER 9. 2003 2. Submission No.: B 2003-056 - B 2oo3-0621ncl. (Cont'd) "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concem to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." (h) That prior to endorsement of severance documents for registration, the owner shall include the following warning clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. (j) That prior to the start of construction, the owner shall install temporary fencing along the edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall instaU permanent fencing along lands owned by Hydro One at the owner's cost. (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062. (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. 8. That the land to be severed shall be added to Block 79, Draft Plan of Subdivision 3OT- 01202 and title shall be taken in identical ownership with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. 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 196 DECEMBER 9, 2003 2. Submission No.: 82003-056 - 8 2003-062 Incl. (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 December 9, 2005. Carried Submission No. B 2003-062 Moved by Mr. Mr. P. Britton Seconded by Mr. B. Isaac That the application of 1071745 Ontario Limited requesting permission to convey a parcel of land having a length on the northerly side of 22.837 m (74.92 ft.), and on the southerly side of 42.429 m (139.2 ft.), and on the easterly side of 38.55 m (126.48 ft.) and having an area of 708.5 m2 (7,626.48 sq. ft.), as a lot addition to 810ck 78, Draft Plan of Subdivision 30T-01202, on Part Lot 38, German Company Tract, proposed Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Stage 1 in Draft Plan of Subdivision 30T-01202 immediately adjacent to the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062, shall be registered. 2. That the owner shall submit and receive final approval of a modification to Draft Plan of Subdivision 30T-02205 regarding the lands to be severed in Submission No.'s 8 2003-056 to 8 2003-062. 3. The owner shall satisfy the total 5% parkland dedication for the entire lands within Submission No.'s 82003-056 to 82003-062 by the conveyance of land to the City on lands legally described as Part Lot 38, German Company Tract (within Draft Plan of Subdivision 30T -02205), in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on title of the subject lands, in a form satisfactory to the City Solicitor. 4. That the parcel of land, currently included in Draft Plan of Subdivision 30T-02205, required to complete Winding Meadow Court shall be conveyed to the City of Kitchener, without cost and free of encumbrance, and Winding Meadow Court shall be constructed and opened by by-law. 5. That the owner shall ensure that the existing registered right-of-way identified as part of Part 1, Reference Plan 58R-10708 is quit claimed. 6. 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. 7. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on the title of the lands to be severed through Submission No.'s 82003-056 to B 2003-062, which shall included the following: (a) That the owner agrees that no building permits shall be applied for on the lands to be severed, until satisfactory arrangements are made with the City's Chief 8uilding Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed on these lands. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. (b) No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. COMMITTEE OF ADJUSTMENT 197 DECE~R 9,2003 2. Submission Np.: B 2003-056 - B 2003-062 Incl. (Cont'd) (c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That prior to endorsement of severance documents for registration, the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro for the provision of permanent electrical services to the lands to be severed and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (e) That, prior to endorsement of severance documents for registration, the owner shall make arrangments for the provision of permanent telephone services to the lands to be severed, and/or the relocation of the existing services; further, the owner acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. (f) That prior to endorsement of severance documents for registration, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard, and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. (9) That prior to endorsement of severance documents for registration, the owner shall register on title of the lands to be severed,and include in all offers to purchase and sale agreements for the lands to be severed, the following warning clause: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concem to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system. Suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." (h) That prior to endorsement of severance documents for registration, the owner shall include the following waming clause to be registered on titled and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: "Purchasers are advised that prior the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressure may be below the Region's water supply goals during periods of elevated water demand." (i) That the prior to endorsement of severance documents for registration, the owner shall submit a lot grading and drainage plan showing existing and final grades to Hydro One for review and approval. 0) That prior to the start of construction, the owner shall install temporary fencing along th.e edge of lands owned by Hydro One at the owner's cost. (k) That the following the completion of construction, the owner shall install permanent fencing along lands owned by Hydro One at the owner's cost. COMMITTEE OF ADJUSTMENT 198 DECEMBER 9, 2003 2. Submission No.: B 2003-056 - B 2003-062 Incl. (Cont'd) (I) That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc.; further, during construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The owner shall be responsible for restoration of any damage to the right-of-way from construction on the lands to be severed through Submission No.'s B 2003-056 to B 2003-062; (m) That prior to endorsement of severance documents for registration, the owner shall submit, and obtain the approval of the City's Director of Engineering for a lot grading control plan and storm water management plan for the lands to be severed in Submission No.'s B 2003-056 to B 2003-062. 8. That the land to be severed shall be added to Block 78, Draft Plan of Subdivision 30T- 01202 and title shall be taken in identical ownership with any subsequent conveyance or transaction complying with Subsections 50(3) and/or (5) of the Planning Act. 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 December 9,2005. Carried 2. Submission No.: Applicant: Property Location: Leaal Description: B 2003-063 Sunvest Development Corp. Proposed Winding Meadow Court Part Lot 38 & 39. German Company Tract Mr. Z. Janecki declared a pecuniary interest in this matter and did not participate in any discussion or voting with respect to this application. Appearances: In Support: Mr. R. Hardie Mr. H. Thompson Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to give a right-of-way over a parcel of land having a width on proposed Winding Meadow Court of 6.782 m (22.25 ft.) and an area of 106 m2 (1140.97 sq. ft.), to the abutting property. The Committee noted the comments of the Development & Technical Services Department, dated December 2, 2003, recommending conditional approval of this application. COM~TTEEOFADJUSTMENT 199 DECEM8FR9, 2003 2. Submission No.: B 2003-063 (Cont'd) The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services. dCit.ed Qecember 3, 2003. recommending the Committ~ defer its consideration of this application together with Submission No.'s B 2003-056 to B 2003:-Q62. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of Sunvest Development Corp. to give a right-of-way over a parcel of land having a width on proposed Winding Meadow Court of 6.782 m (22.25 ft.) and an area of 106 rnZ (1140.97 sq. ft.), to the abutting property on Part Lot 38, German Company Tract, Winding Meadow Court, Kitchener, Ontario, BE GRANTED, subject to the following condition: 1. That the right-of-way for access shall not be physically used until such time as Winding Meadow Court is registered and opened by by-law as a public highway. 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 of1he 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 December 9, 2005. Carried CONSENT & MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leaal DescriDtion: B 2003-064 - B 2003-066 Incl. & A 2003-091 & A 2003-092 Dean & Milan Kovacevic 867 Frederick Street Lot 2. Plan 712 The Committee agreed to defer and refer consideration of these applications to its meeting of February 10, 2004, as recommended by staff and agreed to by the applicant. 2. Submission No.: Applicant: Property I..ocation: Leaal DescriDtion: B 2003-067 & A 2003-093 Voisin Developments Limited 1450 Ottawa Street South Part of Block 37. Parts 23 & 24. Reaistered Plan 1758. Mr. P. Britton declared a pecuniary interest in these application as his planning firm acts for the proposed purchaser and did not participate in any discussion or voting with respect to these applications. Mr. Z. Janecki chaired the meeting during consideration of these applications. ~ L ~ COMMITTEE OF ADJUSTMENT 200 DECEMBER 9, 2003 2. Submission No.: B 2003-067 & A 2003-093 (Cont'd) Appearances: In Support: Ms. J. Voisin Mr. G. Voisin Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Ottawa Street of 190 m (623.36 ft.) a triangular shape, and an area of 2.56 ha (6.33 acres); together with a right-of-way over the retained land for access. The proposed use of the property is retail. Also, to permit parking to be located on an abutting property without an agreement being registered on title. The Committee noted the comments of the Development & Technical Services Department, dated December 1, 2003, recommending conditional approval of these applications. The Committee considered the comments of the Region of Waterloo Planning, Housing & Community Services, dated December 3, 2003, advising they have no objections to these applications. Submission No. B 2003-067 Moved by Mr. Mr. B. Isaac Seconded by Ms. D. Angel That the application of Voisin Developments Limited requesting permission to convey a parcel of land having a width on Ottawa Street of 190 m (623.36 ft.), a triangular shape, and an area of 2.56 ha (6.33 acres); together with a right-of-way over the retained land for access, and reserving an easement for maintenance of a sign and conduit, BE APPROVED, subject to the following conditions: 1. That the owner shall receive final approval of Submission No. A 2003-093. 2. That the owner of the retained and severed lands shall enter into an agreement, to be approved by the City Solicitor, which shall ensure that rights-of-way for access and easements for servicing are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 3. 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. 4. That the owner shall submit to and receive the approval of, the City's Manager of Design and Development of a reference plan showing the proposed right-of-way and easements. 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 201 DE~ 9,2003 2. Submission Nq.: B 2093-067 & A 2003-093 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years f~()m ti'\e(j~of ~pproval, being Decem.ber 9, 2005. ....,J Carried Submission No. A 2003.Q93 Moved by Mr. B. Isaac Seconded by Ms. D. Angel That the application of Voisin Developments Limited requesting permission to provide parking for this property on an abutting property without entering into a parking agreement, on Block 39, Registered Plan 1758, 1450 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That appropriate conditions shall be included in the Section 41 Development Agreement associated with Site Plan Application SP 03/35/0/CB for the subject lands to ensure the replacement of any lost parking required by the zoning by-law. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This applicatton 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 ADJOURNMENT On motion, the meeting adjourned at 1:00 p.m. Dated at the City of Kitc'1ener this 9th day of December, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment ...,J