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HomeMy WebLinkAboutAdjustment - 2005-09-13 ~ ~ ~ COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 13. 2005 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Ms. 1. Malone-Wright, Senior Planner, Mr. R. Parent, Traffic Analyst, Ms. R. Brent, Assistant Secretary-Treasurer and Ms. D. Gilchrist. Secretary- Treasurer. Mr. P. Britton, Chair, called this meeting to order at 9:38 a.m. MINUTES Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment, of August 13, 2005, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS MINOR VARIANCE UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: A 2005-045 Heide Anderson 19 Caprice Court Part Block 62, Registered Plan 1680, being Part 1, Reference Plan 58R-6581 Appearances: In Support: None Contra: None Written Submissions: None As no one appeared in support of this application the Committee agreed to defer its consideration to its meeting scheduled for Tuesday October 11, 2005. They noted that this is the second time the applicant, or her representative has not appeared before the Committee and if no one appears before the Committee on October 11, 2005, in support of this application, it will be dismissed. COMMITTEE OF ADJUSTMENT 162 SEPTEMBER 13, 2005 2. Submission No.: Applicant: Property Location: Legal Description: A 2005-050 BNAI Fishel Corporation 4220 King Street East Part of Lot 9, Beasley's Broken Front Concession, being Part 1 ,Reference Plan 58R-5746 Appearances: In Support: Mr. S. Patterson Contra: None Written Submissions: Planning & Engineering Initiatives The Committee was in receipt of a letter from the applicant's agent advising his client is withdrawing this application. This meeting recessed at 9:45 a.m. so that the Committee could consider Applications for Minor Variance to the City's Sign and Fence By-laws, and reconvened at 11:15 a.m., with the following members present: Messrs P. Britton, D. Cybalski and B. Isaac. NEW BUSINESS 1. Submission No.: Applicant: Property Location: Leaal Description: A 2005-051 Liem Si Ho 17 Smetana Drive Lot 14, Reoistered Plan 978, beino Part 2, Reference Plan 58R-4323 Appearances: In Support: Mr. L. Ho Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a sunroom addition to the house which would have a rear yard setback of 4.8 m (15.74 ft.) rather than the required 7.5 m (24.6 ft.) The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, advising they have no concerns with this application. The Committee considered the report of the Building Division advising they have no objections to the proposed variance subject to the applicant receiving a building permit, spatial separation for the left side and rear elevation needs to be reviewed for Code compliance. The concrete slab will require frost protection approved by a Structural Engineer. The applicant is required to submit 2 sets of construction drawings, drawn to scale and with a straight edge. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 31, 2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Liem Si Ho requesting permission to construct a sunroom addition to the house which would have a rear yard setback of 4.8 m (15.74') rather than the required 7.5 m (24.6'), on Lot 14, Registered Plan 978, being Part 2, Reference Plan 58R-4323,17 Smetana Drive, Kitchener, Ontario, BE APPROVED. ~ ~ ~ COMMITTEE OF ADJUSTMENT 163 SEPTEMBER 13, 2005 1. Submission No.: A 2005-051 (Cont'd) \..." 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: Le~al Description: A 2005-052 Barbara Wenderoth 54 Greendale Crescent Lot 82, Reqistered Plan 1310 Appearances: In Support: Ms. B. Wenderoth Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition to the house which would have a rear yard setback of 5.8 m (19.02') rather than the required 7.5 m (24.6'). \..." The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, in which they advise that they have no concerns with this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 31, 2005, in which they advise that they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Barbara Wenderoth requesting permission to construct an addition to the house which would have a rear yard setback of 5.8 m (19.02 ft.) rather than the required 7.5 m (24.6 ft.), on Lot 82, Registered Plan 1310, 54 Greendale Crescent, 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 \..." COMMITTEE OF ADJUSTMENT SEPTEMBER 13, 2005 164 3. Submission No.: Applicant: Property Location: Leaal Description: Appearances: A 2005-053 Jasvir & Harvinder Sheila 88 Franklin Street South Lot 136, Reqistered Plan 254 In Support: Mr. J. Sheila Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to create one additional parking space for a triplex, located between the fac;:ade of the building and the front lot line, where parking is not permitted. The Committee considered the report of the Development & Technical Services Department, dated September 2, 2005, advising the site in question was recently subject to a zone change, to allow a multiple dwelling with a maximum of 3 units, on an undersized lot. Now, the applicant is looking to park 2 cars in the rear yard of a triplex, and 2 cars in the front yard. A site plan was approved on June 7, 2004, (see attached) which shows 3 parking spaces in the rear yard. As a triplex only requires 3 parking spaces, Planning staff would prefer only 3 spaces be provided, and that the site be developed in accordance with the approved site plan. It appears from the photograph provided by Transportation Planning, that the rear yard has not been developed as per the approved site plan. Rather, part of the rear yard parking area is being used for outdoor amenity space. The preference of the Planning Division, as implemented by the Zoning Bylaw, has always been that, with exception of visitors' parking, all vehicles should be parked at the side or rear of residential dwellings. Planning staff realize that the lot is undersized and cannot accommodate more than 3 parking spaces in the rear yard. However, to preserve the quality of the residential streetscape, it is the opinion of staff that no additional parking should be provided in the front yard, and that this lot should be limited to 3 parking spaces, all located in the rear yard. The Committee noted the comments of Transportation Planning in which they advise they cannot recommend approval at this time. In the design that Transportation staff assisted with, the rear of this site was designed to have 3 parking spaces at the rear of the building with vehicles exiting the property in a forward motion. However, as the photo depicts, the rear of the property is being used as amenity space. With the required parking spaces provided for in the approved site plan, Transportation Planning cannot recommend approval of the additional parking at the front of the building. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 31, 2005, advising they have no concerns with this application. Mr. Sheila provided the Committee members with photographs of the subject property, and advised that a fire escape and deck were located at the rear of the building, prior to his purchase of the property, which makes it impossible to park 3 cars in the rearyard. He is now looking to accommodate his tenants' cars on the property, which is the reason for this application. The Committee deferred its consideration of this application to its meeting October 11, 2005, and requests the following information be provided at that time: a) staff are to advise if: i) the City approved the fire exit in its existing location; and, ii) the rear yard parking is functional; '-" .....J ....J COMMITTEE OF ADJUSTMENT 165 SEPTEMBER 13, 2005 3. Submission No.: A 2005-053 (Cont'd) L- b) the applicant is to advise: i) if this property is on or near a bus route, and if so, the frequency of buses; and, ii) how many vehicles the current tenants at this property have. 4. Submission No.: Applicant: Property Location: Leqal Description: A 2005-054 Norman Emptage 86 York Street Lot 285. Reqistered Plan 365 beinq Part 1. Reference Plan 58R-7529 Appearances: In Support: Mr. N. Emptage Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an accessory building with a loft workspace on a lot containing a single detached dwelling, where the accessory building would have a height of 6.0 m (19.68 ft.) rather than the permitted 5.5 m (18.04 ft.). The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, advising they have no objections to this application. The Committee considered the comments of the Region of Waterloo Transportation Planner, dated August 31,2005, advising they have no concerns with this application. ~ The Committee questioned whether the workshop is a permitted use and Ms. Malone-Wright indicated that the workshop is for personal use in conjunction with the home, and as such is allowed. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Norman Emptage requesting permission to construct an accessory building with a loft workspace on a lot containing a single detached dwelling, where the accessory building will have a height of 6.0 m (19.68 ft.) rather than the permitted 5.5 m (18.04 ft.), on Lot 285, Registered Plan 365, being Part 1, Reference Plan 58R-7529, 86 York 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 ~ COMMITTEE OF ADJUSTMENT 166 SEPTEMBER 13, 2005 5. Submission No.: Applicant: Property Location: Leqal Description: A 2005-055 David Lloyd Stiller and Linda Joceyln Stiller 81 Morgan Avenue Part Lots 19 & 20, ReQistered Plan 959 Appearances: In Support: Mr. D. Travers Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of a building addition for a single detached dwelling have a setback from Fairway Road of 4.35 m (14.27 ft.) rather than the required 4.5 m (14.76 ft.). The Committee considered the report of the Development & Technical Services Department, dated September 7, 2005, recommending approval of this application subject to a condition that the owner provide confirmation/verification that all accessory structures have been removed or relocated to comply with zoning requirements. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2005, advising they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of David & Linda Stiller requesting legalization of a building addition for a single detached dwelling have a setback from Fairway Road of 4.35 m (14.27 ft.) rather than the required 4.5 m (14.76 ft.), on Part Lots 19 & 20, Registered Plan 959, 81 Morgan Avenue, Kitchener, Ontario, BE APPROVED, subject to the condition: 1. That the owner shall provide confirmation/verification that all accessory structures have been removed or relocated to comply with zoning requirements. 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 6. A 2005-056 Eastforest Homes Ud. 3 Ivy Lane Court Lot 71 , Reqistered Plan 58M-313 Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Mr. K. Hillis Contra: None Written Submissions: None .J .J .J \.., ~ ~ COMMITTEE OF ADJUSTMENT 167 SEPTEMBER 13, 2005 6. Submission No.: A 2005-056 (Cont'd) The Committee was advised that the applicant is requesting permission to develop a driveway of variable width, which results a portion of the driveway being located 8.4 m. (27.55') from the intersection of Ivy Lane Court and Westmeadow Drive rather than the required 9 m. (29.52') The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, advising they have no objections provided the curb cut required for the driveway is located no closer to the intersection of the streets than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 m from the intersection of the streets. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31,2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Eastforest Homes Ltd. requesting permission to develop a driveway of variable width which results in a portion of the driveway being located 8.4 m (27.55') from the intersection of Ivy Lane Court and Westmeadow Drive rather than the required 9 m (29.52'), on Lot 71, Registered Plan 58M-313, 3 Ivy Lane Court, Kitchener, Ontario, BE APPROVED, subject to condition: 1. That the curb cut required for the driveway shall be located no closer to the intersection of the street than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 m (29.52 ft.) from the intersection of the streets; and further, That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.4 m (27.55 ft.) from the street, and the driveway shall run in a straight line from the curb to the front wall of 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 7. Submission No.: Applicant: Property Location: LeQal Description: A 2005-057 Dave Schnell 395 Ottawa Street South Part Lot 19. Reoistered Plan 384 Appearances: In Support: Mr. A. Baribeau Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a 12 sq. m. (129.17 sq. ft.) addition to the rear of a building containing a duplex which is located in an industrial zone, which makes the use legal, non-conforming. COMMITTEE OF ADJUSTMENT 168 SEPTEMBER 13, 2005 7. Submission No.: A 2005-057(Cont'd) The Committee considered the report of the Development & Technical Services Department, dated August 31, 2005, recommending approval of this application provided the variance only applies to the addition generally shown on the plans submitted. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2005, advising they have no concerns with this application. The Chair questioned whether approval of this application would create a problem with the surrounding industrial uses, and in perpetuating the legal non-conforming use. Ms. Malone- Wright responded no problem would be created; as there are a lot of residential uses in this area. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of David Schnell requesting permission to expand a legal non-conforming duplex by constructing a 12 sq. m. (129.17 sq. ft.) rear addition, on Part Lot 19, Registered Plan 384, 395 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That this approval shall apply to the addition generally as shown on the plans submitted with the application. It is the opinion of this Committee that the use of this building as a duplex has continued since the date the by-law was passed to prohibit such use. 8. Submission No.: Applicant: Property Location: Leaal Description: A 2005-058 Eastforest Homes Ltd. 108 Westmeadow Drive Lot 35. ReQistered Plan 58M-313 Appearances: In Support: Mr. S. Ranasinghe Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to develop a driveway of variable width which results a portion of the driveway being located 8.7 m. (28.54') from the intersection of Westmeadow Drive and Winding Meadow Court, rather than the required 9 m. (29.52'). The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, advising they have no objections provided the curb cut required for the driveway is to be located no closer to the intersection of the streets than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 m from the intersection of the streets. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31,2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Eastforest Homes Ltd. requesting permission to develop a driveway of variable width, which results a portion of the driveway being located 8.7 m (28.54 ft.) from the intersection of Westmeadow Drive and Winding Meadow Court rather than the required 9 m (29.52 ft.), on Lot 35, Registered Plan 58M-313, 108 Westmeadow Drive, Kitchener, Ontario, BE APPROVED, subject to conditions: ~ ~ ~ COMMITTEE OF ADJUSTMENT 169 SEPTEMBER 13, 2005 8. Submission No.: A 2005-058 (Cont'd) ~ 1. That the curb cut required for the driveway shall be located no closer to the intersection of the streets than the point where the curb is intersected by the line which is perpendicular to the front property line measured from the point that is 9 m (29.52 ft.) from the intersection of the street; and further, That the top end of the driveway, where it reaches the front wall of the garage, shall be no closer than 8.7m (28.54 ft.) from the street, and the driveway shall run in the straight line from the curb to the front wall of 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 9. Submission No.: Applicant: Property Location: Le~al Description: A 2005-059 George & Filomena Nanes 119 Oldfield Drive Lot 62, Reqistered Plan 1607 Appearances: In Support: Mr. S. Sawatzky \.." Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a covered deck at the rear of the single detached dwelling, having a rear yard setback of 6.06 m. (19.88') rather than the required 7.5 m. (24.6'). The Committee considered the report of the Development & Technical Services Department, dated September 6, 2005, advising they have no concerns with this application. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31,2005, advising they have no concerns with this application. Mr. Sawatzky advised the deck will be reconstructed to be able to support the roof, and the roof will extend 1 ft. beyond the deck. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of George & Filomena Naries requesting permission to construct a covered deck at the rear of the single detached dwelling, having a rear yard setback of 6.06 m (19.88') rather than the required 7.5 m (24.6'), on Lot 62, Registered Plan 1607, 119 Oldfield Drive, 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. COMMITTEE OF ADJUSTMENT 170 SEPTEMBER 13, 2005 9. Submission No.: A 2005-059 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 10. Submission No.: Applicant: Property Location: Leaal Description: A 2005-060 Vijay Thukral 380 Weber Street West Lot 1, Reqistered Plan 866 Appearances: In Support: Mr. V. Thukral Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a deck at the front of the restaurant which would have a setback of 0.15 m (0.49 ft.) from the Weber Street lot line rather than the required 3 m (9.84 ft.), and which is situated 24 m (78.74 ft.) from a residential zone rather than the required 30 m (98.42 ft.) The Committee considered the report of the Development & Technical SeNices Department, dated August 29, 2005, advising they have no concerns provided a structural engineer designs the deck if it is raised. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31,2005, advising they have no concerns with this application. Mr. Thukral advised the Committee that use of the deck will be seasonal, no being used in the winter. The deck will have an enclosure around it, which will be built in such a fashion that it can be removed. The Chair advised the information provided with this application is insufficient, and elevation drawings are required in order to assess the impact on the streetscape. The Committee also asked that Mr. Thukral consider locating this deck in the side yard. It was generally agreed that consideration of this application be deferred sine die, and that the applicant prepare the necessary elevation drawings, consider locating the deck in the side yard, and work with Planning staff in this regard. 11. Submission No.: Applicant: Property Location: Legal Description: A 2005-061 Freure Developments Ltd. 528 Windflower Crescent Part of Block 5, Registered Plan 58M-55, being 32, 33 & 34, Reference Plan 58R-12509 Appearances: In Support: Mr. P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of a single detached dwelling having a side yard of 0.65 m (2.13 ft.) rather than the required 1.2 m (3.93 ft.). ~ ~ .~ COMMITTEE OF ADJUSTMENT 171 SEPTEMBER 13, 2005 11. Submission No.: A 2005-061(Cont'd) \...,. The Committee considered the report of the Development & Technical Services Department, dated September 6,2005, advising they have no concerns with this application. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2005, advising they have no concerns with this application. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Freure Developments Limited requesting legalization of a single detached dwelling having a side yard of 0.65 m (2.13 ft.) rather than the required 1.2 m (3.93 ft.), on Part Block 5, Registered Plan 58M-55, being Parts 32, 33 & 34, Reference Plan 58R-12509, 528 Windflower Crescent, 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 CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2005-051 Jeffrey & Nancy Hicks 5 Tamroth Close Lot 19, Reqistered Plan 737 \...,. Appearances: In Support: Mr. R. Strype Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a 45 m2 (484.39 sq. ft.) parcel of land from 5 Tamroth Close, with a frontage of 1.21 m. (3.96') and a length of 34.766 m. (114.06'), to be added to 9 Tamroth Close, and to retain an easement over this parcel to allow access for maintenance. The Committee considered the report of the Development & Technical Services Department, dated September 1, 2005, in which they advise that the subject property is located at the corner of Tamroth Close and Heiman Street. It is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Municipal Plan. The lot is developed with a single detached dwelling. The purpose of this consent application is to convey, as a lot addition, a 54.5m2 parcel of land to the adjoining property, addressed as 9 Tamroth Close and to create a maintenance easement in favour of the retained landowners. Upon initial review of the application staff had concerns as the proposed lot addition created a lot width variance for the retained parcel in addition to the severed lot line potentially running through a shed located on 5 Tamroth. Also, the maintenance easement was only 1.2m in width instead of the required 1.5m. \...,. COMMITTEE OF ADJUSTMENT 172 SEPTEMBER 13, 2005 1. Submission No.: B 2005-051 (Cont'd) After discussing these matters with the applicant, the application has been revised in the current form shown on the attached plan. Essentially, the applicant is now requesting a lot addition that is 0.8 m wide at the front widening out to 1.8m at the building line and running straight back to the rear property line. This alleviates the lot width issue and the encroachment of the driveway. The applicant confirms that the shed on 5 Tamroth has been removed and lastly, the revised plan also notes the maintenance easement will be along the entire severed portion. Therefore, staff recommends approval of this consent application, in revised form, as the intent of the zoning by-law and Municipal Plan is being maintained. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated September 7, 2005, advising they have no concerns with this application. Moved by Mr. D. Cybalski Seconded by Mr. B.lsaac That the application of Jeffrey & Nancy Hicks requesting permission to sever a parcel of land having a width at the street of 0.8 m (2.62 ft.) widening to approximately 1.858 m (6.03 ft.) at the front wall of the house, an area of 54.5 m2 (586.65 sq. ft.) and a length of 35 m (114.83 ft.), to be added to 9 Tamroth Close, and reserving an easement over this parcel to allow access for maintenance, on Part Lot 19, Registered Plan 737, 5 Tamroth Close, 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 9 Tamroth Close, 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, as amended. 3. That the owners of 9 Tamroth Close shall grant a Maintenance Easement for the maintenance of walls, eaves and real property and allow for the projection/encroachment of eaves in favour of the owners of 5 Tamroth Close over the severed parcel of land. 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 September 13,2007. Carried .J .J .J COMMITTEE OF ADJUSTMENT 173 SEPTEMBER 13, 2005 2. Submission No.: Applicant: Property Location: Legal Description: B 2005-052 Irene Amy 34 Bloomingdale Road Lot 16, Part Lot 17. Lots Small North of Peter HorninQs Tract \...,. Appearances: In Support: Mr. K. Amy Contra: None Written Submissions: None The Committee was in receipt of a faxed letter from the applicant's agent advising his client is requesting deferral to the October 11, 2005 meeting so that an Application for Minor Variance can be submitted in conjunction with this application. 3. Submission No.: Applicant: Property Location: Legal Description: B 2005-053 Nicole O'Neill 35 Braun Street Lot 24, ReQistered Plan 413 Appearances: In Support: Mr. S. O'Neill Mr. B. O'Neill Contra: Mr. G. Grimson Ms. R. Tremblay Written Submissions: None \..,. The Committee was advised that the applicant requests permission to sever the property such that each unit of a semi-detached dwelling is located on a separate lot. The severed lands would have a frontage of 7.5 m (24.6'), a depth of 39.62 m. (129.98'), and a lot area of 297 sq. m (3,196.9 sq. ft.). The retained lands would have a frontage of 12.63 m (41.43'), a depth of 39.62 m (129.98'), and an area of 500.4 sq. m (5,386.43 sq. ft.). \.., The Committee considered the report of the Development & Technical Services Department, dated September 2, 2005, recommending the subject property is located on the south side of Braun Street just east of Andrew Street. It is legally described as Lot 24, Registered Plan 413. The lot is 20m by 40m, is developed with a single detached dwelling and is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated as Low Rise Conservation in the K-W Hospital Neighbourhood Secondary Plan. Surrounding land use is primarily low rise residential. The purpose of the application is to sever a lot that is 7.5m wide and 40m deep and retain a lot that is 12.5m wide and 40m deep. The applicant wishes to attach a residential unit to the existing house thereby creating a semi-detached dwelling. The R-5 zoning and secondary plan permits semi's and both the City's Municipal Plan and Provincial policies encourage and supports this type of infilling as a means of intensification. Therefore, staff supports these types of applications providing the regulations can be met. Upon initial review of this application, however, staff had concerns as the proposed attached unit did not meet the 35% minimum common wall nor was it clear that the common wall went from the foundation to roof line as stipulated under the definition of a semi-detached. Moreover, as 65% of the building sidewall will be exposed and will have a zero lot line the application must be amended to provide for maintenance easements in favour of both the retained and severed landowners. To address staffs concerns, the applicant has: altered the building drawings to ensure the common wall is connected from the foundation to the roof line as evidenced by the attached elevation drawing; revised the survey plan to add an additional 1.2m of common wall to satisfy the 35% as now shown and has drawn maintenance easements for the front and rear halves of COMMITTEE OF ADJUSTMENT 174 SEPTEMBER 13, 2005 3. Submission No.: B 2005-053 (Cont'd) the building. In short, staff is satisfied with the changes made and therefore recommend approval of application B2005-053. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated September 7, 2005, advising they have no concerns with this application. Mr. R. Tremblay advised the Committee that many mature trees have been removed from this property. Also, a great deal of noise is being created which adversely affects the elderly abutting neighbour, and the construction workers are encroaching on her property. Following discussion the applicant agreed to erect temporary construction/snow fencing between this property and the neighbour's property, in an effort to keep all workers and construction material on the subject property. The applicant was also requested to talk with this neighbour and advise of what is happening through this development. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Nicole O'Neill requesting permission to convey a parcel of land having a width of 7.5 m (24.6 ft.), a depth of 39.62 m (129.98 ft.), and having an area of 297 m2 (3.196.9 sq. ft.); together with a 1.5 m wide easement over the retained land for maintenance of walls, eaves, and real property and the projection of eaves; and subject to a 1.5 m wide maintenance easement for maintenance of walls, eaves, and real property and the projection of eaves, on Parts of Lots 24, Registered Plan 413, 35 Braun 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 owner shall pay to the City of Kitchener a cash-in-lieu contribution for park land dedication equal to 5% of the value of the lands to be severed. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and retained lands. 4. 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, and a paved driveway ramp, on the severed lands. 5. That 1.5 m wide maintenance easements shall be created on the severed and retained lands adjacent to those exterior walls on each of the two dwellings that abut the severance line, which are not party walls. The purpose of these easements shall be for maintenance of walls, eaves and real property and to allow for the projection of eaves. 6. That the owner shall immediately install temporary construction fencing between the subject property and 41 Braun Street. 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. ~ -J ~ ~ ~ ~ COMMITTEE OF ADJUSTMENT 175 SEPTEMBER 13, 2005 3. Submission No.: B 2005-053 (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 September 13, 2007. Carried 4. Submission No.: Applicant: Property Location: Legal Description: B 2005-054 to B 2005-057 Centennial Manor Apartments Inc. 55, 63 & 73 Ross Avenue and 60 Wilfred Avenue Lots 97,98,99, 101 & 116 and Part of Lots 94,95,96, 114, 117, 119 & 120, Municipal Compiled Plan 765 Appearances: In Support: Mr. A. Radovic Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever properties at 55, 63, 73 Ross Avenue and 60 Wilfred Avenue from 72 Wilfred Avenue along previously existing lot lines that have merged on title. The properties are as follows: 73 Ross Avenue {Parcel 1) would have a lot width of 12.1 m, and a lot area of 501 m2; 63 Ross Avenue (Parcel 2) would have a lot width of 24.49 m, and a lot area of 1007 m2; 55 Ross Avenue (Parcel 3) would have a lot width of 20.78 m, and a lot area of 1513 m2; 60 Wilfred Avenue {Parcel 4) would have a lot width of 15.01 m, and a lot area of 1875 m2. The retained lands will have a lot width of 18.29 m, and a lot area of 3145 m2. The Committee considered the report of the Development & Technical Services Department, dated September 2, 2005, advising they have no objections to this application subject to certain conditions. The Committee considered the comments of the Region of Waterloo Planning Housing & Community Services, dated September 7, 2005, advising they have no objections to these applications provided that applicant enters into an noise warning agreement for Submission No. 's B 2005-055 and B 2005-056. Submission No. B 2005-054 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Centennial Manor Apartments Inc. requesting permission to sever a lot having frontage of 12.19 m (39.99 ft.), a depth of 41.11 m (134.87 ft.) and an area of 501 m2 (5,392.89 sq. ft.), on Lot 101, Municipal Compiled Plan 765, 73 Ross Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 2. 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 176 SEPTEMBER 13, 2005 4. Submission No.: B 2005-054 to B 2005-057 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 13, 2007. Carried Submission No. B 2005-055 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Centennial Manor Apartments Inc. requesting permission to sever a lot having frontage of 24.49 m (80.34 ft.), a depth of 41.12 m (134.9 ft.) and an area of 1007 m2 (10,839.6 sq. ft.), on Lot 99, Municipal Compiled Plan 765, 63 Ross Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 2. 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. 3. That the owner shall enter into an agreement with the Regional Municipal of Waterloo to include the following noise warning clause on all otters of purchase and sale and all rental agreements for the severed property (63 Ross Avenue): "Due to its proximity to Weber Street, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals." 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. J ..,-" ..J COMMITTEE OF ADJUSTMENT 177 SEPTEMBER 13, 2005 4. Submission No.: B 2005-054 to B 2005-057 (Cont'd) ~ Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 13, 2007. Carried Submission No. B 2005-056 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Centennial Manor Apartments Inc. requesting permission to sever a lot having frontage of 20.78 m (68.17 ft.), a depth of 41.14 m (134.97 ft.) and an area of 1513 m2 (16,286.32 sq. ft.), on Lots 97 & 98 and Part of Lots 94, 95, 96, 119 & 120, Municipal Compiled Plan 765, 55 Ross Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 2. 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. 3. That the owner shall enter into an agreement with the Regional Municipal of Waterloo to include the following noise warning clause on all offers of purchase and sale and all rental agreements for the severed property (55 Ross Avenue): "Due to its proximity to Weber Street, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals." \.,. 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 September 13, 2007. Carried Submission No. B 2005-057 Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Centennial Manor Apartments Inc. requesting permission to sever a lot having frontage of 15.05 m (43.37 ft.), a depth of 93.06 m (305.31 ft.) and an area of 1875 m2 (20,182.9 sq. ft.), on Lot 116, Part of Lot 117, Municipal Compiled Plan 765, 60 Wilfred Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: \.,. COMMITTEE OF ADJUSTMENT 178 SEPTEMBER 13, 2005 4. Submission No.: B 2005-054 to B 2005-057 (Cont'd) 1. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 2. 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 September 13, 2007. Carried ADJOURNMENT On motion, the meeting adjourned at 12:10 p.m. Dated at the City of Kitchener this 13th day of September, 2005. ) ~\ /) "--,<71 )y. / . j ~cL..l:fi-1.--Lli:-~ tcw.~ Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment ..J ~ 'wIi