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HomeMy WebLinkAboutAdjustment - 2007-07-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 17, 2007 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl & Ms. C. Balcerczyk OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B. Cronkite, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, and Ms. T. Kraemer, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the minutes of the regular meeting of the Committee of Adjustment, of June 19, 2007, as mailed to the members, be adopted. Carried UNFINISHED BUSINESS CONSENT 1. Submission No.: B 2007-019 Applicant: William Roberts Property Location: 715 Glasgow Street Legal Description: Blocks H & I, Registered Plan 1273 The Committee agree d to defer its consideration of this matter to its meeting scheduled for Tuesday August 21, 2007. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2007-036 Applicant: Activa Holdings Inc. Property Location: 5 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 36, 146 & 147, Reference Plan 58R-10623 Submission No.: A 2007-037 Applicant: Activa Holdings Inc. Property Location: 7 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 37, 144 & 145. Reference Plan 58R-10623 Submission No.: A 2007-038 Applicant: Activa Holdings Inc. Property Location: 8 Activa Avenue Legal Description: Block 2, Registered Plan 58M-15, being Part 41, Reference Plan 58R-10623 COMMITTEE OF ADJUSTMENT 130 JULY 17, 2007 1. Submission No.: A 2007-039 Applicant: Activa Holdings Inc. Property Location: 9 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 36, 142 & 143, Reference Plan 58R-10623 Submission No.: A 2007-040 Applicant: Activa Holdings Inc. Property Location: 19 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 32, 134 & 135, Reference Plan 58R-10623 Submission No.: A 2007-041 Applicant: Activa Holdings Inc. Property Location: 21 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 31, 132 & 133 Reference Plan 58R-10623 Submission No.: A 2007-042 Applicant: Activa Holdings Inc. Property Location: 23 Activa Avenue Legal Description: Part Block 17, Registered Plan 58M-15, being Parts 30, 130 & 131, Reference Plan 58R-10623 Submission No.: A 2007-046 Applicant: Activa Holdings Inc. Property Location: 57 Activa Avenue Legal Description: Part Block 15, Registered Plan 58M-15, being Parts 13, 96 & 97, Reference Plan 58R-10623 Submission No.: A 2007-047 Applicant: Activa Holdings Inc. Property Location: 59 Activa Avenue Legal Description: Part Block 15, Registered Plan 58M-15, being Parts 12, 94 & 95, Reference Plan 58R-10623 Appearances: In Support: T. Giovinazzo Contra: None Written Submissions: None The Committee was advised that in Submission No. A 2007-036 the applicant requests permission for a lot to have a width of 12.45 m (40.84') rather than the required 15 m (49.21'). The Committee was furt her advised that in Submission No.'s A 2007-037 to A 2007- 042, and Submission No.'s A 2007-046 and A 2007-047 the applicant is requesting, for each property, a reduction in the required lot width of 9m (29.52'). The Committee considered the report of the Development and Technical Services Department, dated June 25, 2007, advising that the subject properties are located in a predominantly single family residential area on Activa Avenue. The properties are zoned Residential Four Zone (R-4), and are designated as Low Rise Residential in the Official Plan. Constructed in the late 1990s, the homes that exist on these sites were consistent with requirements at the time, including a minimum lot width of 7.5 metres. At the time the owner applied for Part Lot Control and the lots proposed were consistent with the 7.5 metre minim um width and the homes were built accordingly, on a block COMMITTEE OF ADJUSTMENT 131 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) on a plan of subdivision, rather than on individual lots. The part lot control needed to convey the homes has since lapsed. The applicant requires part lot control to convey these lands and homes, as they are not located on individual lots. In 2000, the City initiated a zoning by-law amendment concerning residential streetscapes, increasing the lot width requirements for single detached dwellings to a minimum of 9 metres for interior lots, 15 metres for all corner lots, while maintaining the requirement of 7.5 metres for semi-detached dwellings. Minor variances are required for the deficient lot widths prior to the issuance of Part Lot Control. Single detached dwellings on proposed interior lots (A2007-037, A2007-039 to A2007-042 inclusive, A2007-046, and A2007-047) The proposed lots described as 7, 9, 19, 21, 23, 57, and 59 Activa Avenue contain single detached dwellings and are proposed as interior lots. Their lot widths are less than the current minimum requirement of 9 metres for single detached dwellings in a R-4 zone. At the time of construction, the lots complied with the zoning by-law which required a minimum lot width of 7.5 metres. Planning Staff has no concerns with the requested variances as the proposed lots complied with the lot width regulations in zoning by-laws when they were originally contemplated. The 2-storey homes on the subject lands conform to the current Low Rise Residential designation in the Official Plan. Furthermore, the proposed lots are compatible with the surrounding lots and buildings, and therefore are desirable for the appropriate use of the lands. Finally, staff feels that the requested reductions on lot widths from 9 metres to the existing lot width ranges of 7.343 metres to 7.930 metres is minor and the impact to the surrounding area is minimal as the proposed lots would be brought into conformity with the zoning by-law, and could be legally created and conveyed subject to the approval of the variance. The variance would not have significant impacts on adjacent properties, and can be considered as minor. Since there have been significant issues with respect to on-street parking and driveway widenings on this block of Activa Avenue, Staff is of the opinion that driveways for the subject lots must conform to the current zoning regulations. As such, Planning Staff recommends that the applications be approved, subject to the condition that driveways on the subject lands comply with the maximum garage width allowed in s6.1.1.1 b) ii) of the current zoning by-law 85-1. Single detached dwelling on proposed corner lot tA2007-036) The land known as 5 Activa Avenue contains a single detached dwelling, proposed to be a corner lot at the southwest corner of Grey Fox Drive and Activa Avenue. Currently, the lot width is 12.45 metres. The minimum required lot width is 15 metres for corner lots in R-4 zones. At the time of construction, the home was situated on a proposed lot having a lot width of 12.45 metres, while the by-law required a minimum lot width of 12.5 metres for corner lots. This would have only been a 0.05 metre deviation from the minimum requirements at that time. Today the by-law requires a minimum lot width of 15 metres for corner lots, resulting in the need fora 2.5 metres reduction in the minimum lot width. Planning Staff has no concerns with the requested variance as the proposed lot very nearly complied with the lot width regulations in the zoning by-law when it was originally contemplated. The variance also conforms to the current Low Rise Residential designation in the Official Plan. Furthermore, the proposed lots and built form are similar and compatible with the surrounding lots and buildings, and therefore are desirable for the appropriate use of the lands. Finally, staff feels that the requested reduction on lot width from 15 metres to 12.45 metres is minor and the impact to the surrounding area is minimal as this recognizes an existing situation. As such, Planning Staff recommends that the application be approved. COMMITTEE OF ADJUSTMENT 132 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) Semi-detached dwelling on proposed interior lot tA2007-038) The subject land known as 8 Activa Avenue contains asemi-detached dwelling located on a proposed interior lot. The proposed lot width is 7.343 metres, whereas a minimum lot width of 7.5 metres is required for semi-detached dwellings in R-4 zones. At the time of construction, the proposed lot did not comply with the minimum lot width of 7.5 metres. At that time, this would have only resulted in a 0.157 metre deviation from the requirement of the R4 zone. However, the by-law now requires a minimum lot width of 7.5 metres which result in a 2.65 metre deviation from the by- law requirements. Planning Staff has no concerns with the requested variance as the lot complied with the lot width regulations in zoning by-laws when it was contemplated. The variance conforms to the current Low Rise Residential designation in the Official Plan. The proposed lot is consistent and compatible with the surrounding lots and buildings, and therefore is desirable for the appropriate use of the land. Finally, staff feels that the requested reduction on lot widths from 7.5 metres to 7.343 metres is minor and the impact to the surrounding area is minimal. The variance would not likely have significant impacts on adjacent properties as this is recognizing an existing situation, and can be considered as minor. Since there have been significant issues with respect to on-street parking and driveway widenings on this block of Activa Avenue, Staff are of the opinion that driveways for the subject lots must conform to the current zoning regulations. As such, Planning Staff recommends that the application be approved, subject to the condition that the driveway on the subject land comply with the maximum width allowed in s6.1.1.1 b) ii) of the current zoning by-law 85-1. 1. That the following minor variances be approved: a) A2007-037 for 7 Activa Avenue, a reduction of lot width from 9 metres to 7.930 metres b) A2007-038 for 8 Activa Avenue, a reduction of lot width from 7.5 metres to 7.343 metres c) A2007-039 for 9 Activa Avenue, a reduction of lot width from 9 metres to 7.930 metres d) A2007-040 for 19 Activa Avenue, a reduction of lot width from 9 metres to 7.733 metres e) A2007-041 for 21 Activa Avenue, a reduction of lot width from 9 metres to 7.715 metres f) A2007-042 for 23 Activa Avenue, a reduction of lot width from 9 metres to 7.706 metres g) A2007-046 for 57 Activa Avenue, a reduction of lot width from 9 metres to 7.706 metres h) A2007-047 for 59 Activa Avenue, a reduction of lot width from 9 metres to 7.706 metres i) A2007-036 for 5 Activa Avenue, a reduction of lot width on a corner lot from 15 metres to 12.45 metres 2. That applications A2007-037 to A2007-042 inclusive, A2007-046 and A2007- 047 be subject to the minimum driveway widths as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1 and that the applicant provide confirmation prior to part lot control to the satisfaction of the Director of Planning that the driveways do not exceed these maximum widths, in which case, further variances or removals of additional areas would be required. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3, 2007, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT 133 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) Mr. Giovinazzo advised that these homes were constructed on a lotless block of land in a registered plan of subdivision, 9 years ago. At the time they were constructed, they complied with the zoning requirements. Since that time, the by-law requirements for lot width has changed. Before they are able to receive approval of a part lot control exemption by-law to create separate legal parcels of land, they must receive approval of these minor variances. Submission No. A 2007-036 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 12.45 m (40.84') rather than the required 15 m (49.21'), on Part Block 17, Registered Plan 58M-15, being Parts 36, 146 & 147, Reference Plan 58R-10623, 5 Activa Avenue, 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 Submission No. A 2007-037 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.93 m (26.01') rather than the required 9 m (29.52'), on Part Block 17, Registered Plan 58M-15, being Parts 37, 144 & 145, Reference Plan 58R-10623, 7 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. It is the opinion of this Committee: 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 134 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) Submission No. A 2007-038 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.343 m (24.09') rather than the required 7.5 m (24.6'), on Block 2, Registered Plan 58M-15, being Part 41, Reference Plan 58R-10623, 8 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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 Submission No. A 2007-039 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.93 m (26.01') rather than the required 9 m (29.52'), on Part Block 17, Registered Plan 58M-15, being Parts 36, 142 & 143, Reference Plan 58R-10623, 9 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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 135 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) Submission No. A 2007-040 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.733 m (25.37') rather than the required 9 m (29.52'), on Part Block 17, Registered Plan 58M-15, being Parts 32, 134 & 135, Reference Plan 58R-10623, 19 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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 Submission No. A 2007-041 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.715 m (25.31') rather than the required 9 m (29.52'), on Part Block 17, Registered Plan 58M-15, being Parts 31, 132 & 133, Reference Plan 58R-10623, 21 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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 136 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'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 Submission No. A 2007-042 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.706 m (25.28') rather than the required 9 m (29.52'), on Part Block 17, Registered Plan 58M-15, being Parts 30, 130 & 131, Reference Plan 58R-10623, 23 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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 Submission No. A 2007-046 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.706 m (25.28') rather than the required 9 m (29.52'), on Part Block 15, Registered Plan 58M-15, being Parts 13, 96 & 97, Reference Plan 58R-10623, 57 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 137 JULY 17, 2007 1. Submission No.: A 2007-036 - A 2007-047 tCont'd) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2007-047 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Activa Holdings Inc. requesting permission for a lot to have a width of 7.706 m (25.28') rather than the required 9 m (29.52'), on Part Block 15, Registered Plan 58M-15, being Parts 12, 94 & 95, Reference Plan 58R-10623, 59 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall comply with the minimum driveway width as specified in section 6.1.1(b)(ii) of Zoning By-law 85-1; and further, That prior to Council adopting the Part Lot Control Exemption By-law for this property, the applicant shall provide confirmation to the satisfaction of the City's Director of Planning that the driveway does not exceed the maximum widths; if they do exceed the maximum widths, further variances or removal of the additional area will be required. 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.: A 2007-048 Applicant: George Hannoush Property Location: 135 Wellington Street North Legal Description: Lot 76, Plan 376 Appearances: In Support: G. Hannoush J. Somfay Contra: M. Sisson P. Gunkel Written Submissions: None The Committee was advised that the applicant requests permission to develop a 10 unit apartment building which will have a basement that is partially above grade. The intent is to use this basement area to house utilities and parking, and not for living space. The by-law permits a floor space ratio of 0.6 for this property. The building will have a floor space ratio of 0.66 if the basement is not taken into consideration, or will have a floor space ratio of 0.92 if the basement is taken into consideration. COMMITTEE OF ADJUSTMENT 138 JULY 17, 2007 2. Submission No.: A 2007-048 tCont'd) The Committee considered the report of the Development and Technical Services Department, dated July 10, 2007, advising that the subject property is located between Duke Street and Weber Street on the south side of Wellington Street and is approximately 792 square metres in area. The property contains a building built in 1895, which is being used as a 5-unit multiple dwelling. The abutting property to the west on Wellington Street is being used as a single detached dwelling while the property to the east is being used as a 16-unit multiple dwelling. A rear lane gives access to certain properties on Wellington Street and separates them from an adjacent general industrial area to the south. The surrounding neighbourhood is comprised of a mix of residential, industrial, and some commercial uses. The entire block bounded by Duke Street, Wellington Street, Weber Street and the abovementioned rear lane, including the subject property, is designated Low Rise Residential in the Official Plan and zoned Residential Six (R-6) in the Zoning By-law. The owner is proposing to build an addition onto the rear of the existing building in order to accommodate more dwelling units. The application states that upon completion of the addition, the building would contain a total of 10 dwelling units: four 1-bedroom dwelling units in the existing building and six 1-bedroom dwelling units within the addition. The applicant has stated that all 10 units would have a floor area of 51.0 square metres or less. At a site plan pre-application meeting in April 2007, the owner was advised by staff that a minor variance would be required to increase the floor space ratio (FSR) to allow the proposed addition. The owner is now applying to the Committee of Adjustment in order to increase the maximum FSR. The Zoning By-law calculates the FSR by dividing the building floor area by the lot area. The building floor area is defined as "the aggregate horizontal floor area measured from the exterior walls of all floors of a building excluding any floor area located totally below the grade of the building's ground floor level." Since the building is proposed to be positioned in such a way that the building contains 3 floor levels at the Wellington Street elevation and 4 floor levels at the rear yard elevation, an interpretation must be made as to how the building floor area is calculated. In similar circumstances in the past, Planning staff have counted only half of the lowest level floor area and counted the whole of all other floor areas. Since FSR is a control upon the massing of a building, all floor area within the building should be included in the calculation, regardless of the specific uses (e.g., utilities and stairways). In using this methodology, Planning staff calculate the proposed FSR at 0.91, whereas the Zoning By-law requires a maximum of 0.6. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan for the following reasons. The Low Rise Residential designation states that "a maximum FSR of 0.6 shall be applied to multiple dwellings and no residential building shall exceed three stories in height at street elevation." The purpose of this statement is to control the massing of development, ensuring that development is "low rise" and is at a low overall intensity of use. The 0.6 maximum FSR stated in the Official Plan is intended to be a guideline, rather than a strict regulation. From the street, the massing of the building will remain relatively unchanged since the addition is proposed at the rear of the existing building. In addition, the building will not exceed three stories in height at the Wellington Street elevation. Staff are of the opinion that the proposed variance would allow development that would be classified as "low rise" residential development and, therefore, would meet the intent of the Official Plan. The variance meets the intent of the Zoning By-law for the following reasons. In addition to controlling the massing of a building as stated above, the maximum FSR requirement is, in part, intended to ensure that adequate on-site facilities such as parking, amenity space, landscaping, and garbage storage can be accommodated: on-site facilities can be accommodated to the degree that the massing of the building COMMITTEE OF ADJUSTMENT 139 JULY 17, 2007 2. Submission No.: A 2007-048 tCont'd) is restricted. Through consultation with Planning and Transportation Planning staff, it has been determined that adequate on-site facilities can be provided. Staff recommends, however, that the site plan submitted in support of the application be amended to include an amenity space for the users of the proposed dwelling units. In order to accomplish this, staff suggests that parking spaces labelled as #6-8 be replaced with a landscaped amenity area and separated from the adjacent parking lot with a 0.15 cm concrete curb. The variance is minor for the following reasons. The visual impact of the proposed addition upon the public realm would be minor because the addition would be mostly hidden at the rear of the existing building. Traffic into and out of the property will be facilitated because the property is proposed to have access to both Wellington Street and a rear public lane. Provision of a rear amenity area, as abovementioned, would ensure that users of the building have adequate on-site recreational space. Although the adjacent properties to the west contain single detached dwellings, the impact of the proposed variance on these properties is minor considering that the proposed development is a compatible land use. It is staff's opinion that the proposed building would also be compatible with surrounding properties from a physical point of view. Furthermore, the property could accommodate all necessary on-site facilities. In addition, all properties on the block containing the subject property are zoned R-6, which permits a building that has: ^ A maximum building height of 10.5 metres, whereas a building height of 8.84 metres is proposed (measured as per the Zoning By-law, "between the highest finished grade level at the perimeter of the building and the uppermost point of the building"). ^ Minimum side yards of 2.5 metres, whereas 2.5 metres and 4.7 metres are proposed. ^ Minimum rear yard of 7.5 metres, whereas 18.3 metres is proposed. ^ Required parking of 0.165 spaces per unit (10 units x 0.165 = 2 required spaces), whereas at least 8 spaces can be accommodated. In order to ensure compatibility of the addition with the adjacent properties, side yard (both southwest and northeast) and rear yard elevations drawings should be required as conditions of the site plan approval process. In addition, in order to ensure that adequate parking facilities are provided and that the impact of the variance is minor, site plan approval should include a condition to require at least 8 parking spaces toward the rear of the proposed addition. This exceeds the by-law requirement for the provision of 2 spaces. The variance is appropriate for the desirable development and use of the land for the following reasons. The proposed variance to allow the addition is appropriate because it would permit development that both intensifies the property, which is a goal of the City and the Province, and would maintain the low rise residential character of the property and neighbourhood. This location is appropriate for intensification, as it is near the downtown, on a transit route (Route #6), and zoned without a density restriction. The R-5 Zoned lands that are the subject of an interim control by-law prohibiting multiple dwellings, are located on the opposite side of Wellington Street and do not apply to the subject application. In addition, there may be higher demand for more "bachelor style" units (i.e., under 51 square metres) in the near future, since there is expected to be an influx of students to the downtown with the School of Pharmacy opening within the next few years. Based on the foregoing, Planning staff recommends that the application be approved subject to the following conditions: 1. That site plan approval be required for the proposed 10-unit multiple dwelling, including the following conditions: a. That at least 8 parking spaces be provided in the rear yard; COMMITTEE OF ADJUSTMENT 140 JULY 17, 2007 2. Submission No.: A 2007-048 tCont'd) b. That a rear yard amenity area be provided in the location generally occupied by parking spaces #6-8 of the proposed site plan submitted in support of the subject minor variance application (Joe Somfay Architect Inc, dated June 8, 2007), or of a size and in a location deemed appropriate by the Supervisor of Site Plan Development . The amenity area should be separated from the adjacent parking lot with a 0.15 cm high concrete curb. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3, 2007, advising they have no concerns with this application. Mr. Somfay advised that he and the property owner are in support of the staff recommendation. Ms. von Westerholt advised the Committee that this development will be subject to site plan control. The garage will be completely open, and there will be bicycle and motorcycle storage at the rear of the garage. Mr. Sisson and Ms. Gunkel were in attendance in opposition to this application. Mr. Sisson advised of his understanding that there is a freeze on development in this area for any residential building containing more than 2 units. He also stated that because the elevation on this property is lower at the back than at the front, this building will be 3 to 4 storeys high within 30' of his yard. He also has concerns that existing trees will be removed. Ms. von Westerholt advised that the development freeze referred to by Mr. Sisson is on the other side of Wellington Street, and it does not affect this property. She also advised that the City is supportive of higher density development in this area as there is an anticipated need because of the School of Social Work and the School of Pharmacy. In response to the neighbours' concerns about building height, Mr. Somfay advised that he would like to continue the roof line of the existing building through to the new addition. Mr. Hannoush advised that they will have to provide trees and other landscaping. It was also noted that neighbours within a certain distance will be invited to attend the Site Plan Review Committee meetings when this development is discussed. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of George Hannoush requesting permission to expand the existing building to a 10 unit apartment building including a basement that is partially above grade, to have a floor space ratio of 0.91 rather than the permitted 0.6, on Lot 76, Plan 376, 135 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain approval of a site plan for the proposed development from the City's Supervisor of Site Plan Development, and as a part of that process shall submit side yard and rear yard elevation drawings, and a tree preservation plan. 2. That at least 8 parking spaces shall be provided in the rear yard. 3. That a rear yard amenity area shall be provided in the location generally occupied by parking spaces 6 to 8 of the proposed site plan submitted in support of this Application for Minor Variance (Joe Somfay, Architect Inc., dated June 8, 2007), or of a size and in a location deemed appropriate by the Supervisor of Site Plan Development, taking into consideration that the COMMITTEE OF ADJUSTMENT 141 JULY 17, 2007 2. Submission No.: A 2007-048 tCont'd) amenity area should be separated from the adjacent parking lot with a 0.15 cm high concrete curb. 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 3. Submission No.: A 2007-049 Applicant: Matthew, Carl & Marion Ellacott Property Location: 247 Madison Avenue South Legal Description: Part Lot 1, Registered Plan 366 Appearances: In Support: M. Ellacott Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of a lot having a width of 12.2 m (40') rather than the required 15 m (49.2'), and permission to add a car sales use to the property, where no cars will be displayed on site, without providing any additional off-street parking, rather than providing 1 additional parking space for the car sales use. The Committee considered the report of the Development and Technical Services Department, dated July 10, 2007, advising that the subject property is located on the east side of Madison Ave South between Mill St and Courtland Ave South and is zoned M-2 (General Industrial) with an Official Plan designation of General Industrial. An industrial building is located at the rear of the property and a single family dwelling is located at the front. In 2003, a zone change application was processed to legalize an industrial use at the rear of the property. At the time of the zone change, the lot width deficiency was not noted and consequently the first request for this variance is to legalize the lot width. The second request for this variance is permit the use of sale of motor vehicles to have no parking spaces for the use. The applicant is requesting minor variance approval to legalize a lot width of 12.19 metres whereas a minimum 15 metres is required, and to have 0 parking spaces for the "sale of motor vehicles" whereas a minimum of 1 space is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. In regards to the first request to legalize the lot width, the variance meets the intent of the Zoning By-law and Municipal Plan for the following reasons. The lot has been in existence since approximately 1910 and an industrial use has operated for some time on this lot with no concerns received by the City. The variance is minor for the following reason. The lot width reduction recognizes an existing situation for a use that has been on the site for many years and no negative impacts are anticipated. COMMITTEE OF ADJUSTMENT 142 JULY 17, 2007 3. Submission No.: A 2007-049 tCont'd) The variance is appropriate for the development and use of the land for the following reasons. The properties to the north of the lot, on both sides of the street are zoned also M-2 (General Industrial). Therefore use on this lot is in keeping with lands adjoining the property. In regards to the second request which is to use the property for the "sale of motor vehicles" with 0 parking spaces, staff note that the variance does not meet the intent of the Zoning By-law and Municipal Plan. In order to obtain his dealer's license the owner is requesting approval to have the "sale of motor vehicles" addressed from this property. As noted by the owner the "sale of motor vehicle" use is for the wholesaling of vehicles only and there will not be any vehicles for display on the lot. However it has been stated that there may be, on occasion, a car to the lot in mid-transaction for sale. This would create a parking issue as the existing 5 spaces are already fully used by the dwelling unit and car repair business. The variance is not minor for the following reason. The owner states that the additional use for the sale (wholesale) of motor vehicles will generate no additional parking requirement as the cars are to be located elsewhere and the owner requires a mailing address only for his business. Staff question how this can be enforced and monitored. It is difficult to regulate and ensure that no parking is associated with car sales on the lot, and not unreasonable to expect some additional traffic to the lot for the use. Therefore staff does not consider this minor in nature. The variance is appropriate for the development and use of the land. Any additional use of the property, other than one dwelling unit and the car repair business would be considered onerous and difficult to monitor and regulate no parking associated the use. The parking area is already fully utilized and cannot accommodate any parking, even temporary, for another use. Based on the foregoing, Planning staff recommends that the request to legalize the existing lot width be approved, but that the request to have 0 parking spaces for a car sales business be refused. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 3, 2007, advising they have no concerns with this application. Mr. Ellacott advised that he has reviewed the staff recommendations, and accepts them. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Matthew, Carl & Marion Ellacott requesting legalization of a lot having a width of 12.2 m (40') rather than the required 15 m (49.2'), on Part Lot 1, Registered Plan 366, 247 Madison Avenue South, 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. - and further - COMMITTEE OF ADJUSTMENT 143 JULY 17, 2007 3. Submission No.: A 2007-049 tCont'd) That the application of Matthew, Carl & Marion Ellacott requesting permission to add a car sales use to the property, where no cars will be displayed on site, without providing any additional off-street parking, rather than providing one additional parking space, on Part Lot 1, Registered Plan 366, 247 Madison Avenue South, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not 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 not being maintained on the subject property. Carried CONSENTS 1. Submission No.: B 2007-020 Applicant: Access Self Storage Inc. Property Location: 50 Ottawa Street South Legal Description: Plan 262, Lots 1-11, Part Lots 486, Part Lane Plan 404, Part Park Lot 25, Registered Plan 58R-2633 being Parts 2-5&7 Appearances: In Support: J. Leonard Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to give an easement for access to the abutting property over Part 3, Reference Plan 58R- 11787, which has a width on Borden Avenue of 4.57m (15'), a length of approximately 40m (131.23'), and an area of approximately 182.88 sq. m. (1,968.58 sq. ft.). The Committee considered the report of the Development and Technical Services Department, dated July 9, 2007, advising that the subject properties are located on the south side of Charles Street East and are bordered by Ottawa St South, Borden Avenue South and Nyberg Street. The property at 50 Ottawa Street South is designated as General Industrial in the Mill Courtland-Woodside Park Secondary Plan and is zoned General Industrial Zone (M-2) with Special Use 1590. The property at 60 Ottawa Street South is designated as General Industrial and as Open Space in the Mill Courtland-Woodside Park Secondary Plan and is split zoned General Industrial Zone (M-2) with Special Use 1590, Special Regulation 1 R and also Existing Use Zone (E-1 ). The applicant is proposing to create an easement to allow for vehicular access over 50 Ottawa Street North for the neighbouring parcel at 60 Ottawa St North. The lots have both been developed with industrial buildings and the easement will improve the access for vehicles and pedestrians to 60 Ottawa St South. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the uses of both the parcels are in conformity with the City's Municipal Plan, the lands front on an established public street, and the COMMITTEE OF ADJUSTMENT 144 JULY 17, 2007 1. Submission No.: B 2007-020 tCont'd) easement will support the continued operation of the existing industrial businesses. It is the opinion of staff that the properties meet Official Plan Policy and Zoning By- Law regulations and are considered to be proper and orderly development. The uses of the severed and retained lands are consistent with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and they conform to or do not conflict with any applicable provincial plan or plans. That application B2007-020 be approved, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That a draft reference plan showing the proposed easement be approved by the City's Manager of Development Review. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 10, 2007, advising they have no concerns with this application. Ms. Leonard advised this application is an easement for aright-of-way and access, and explained the application. The Committee members discussed the Region's comments concerning a Record of Site Condition, noting that neither the Committee nor its staff are in a position to clear such a condition. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Access Self Storage Inc. requesting permission to give an easement for access to the abutting property over a parcel of land having a width on Borden Avenue of 4.57m (15'), a length of approximately 40m (131.23'), and an area of approximately 182.88 sq. m. (1,968.58 sq. ft.), on Part 3, Reference Plan 58R- 11787, 50 Ottawa Street South, 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 changes. 2. That the owner shall submit, and receive approval of, a draft reference plan showing the proposed easement, from the City's Manager of Development Review. 3. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 145 JULY 17, 2007 1. Submission No.: B 2007-020 tCont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2009. Carried 2. Submission No.: B 2007-021 Applicant: RBJ Schlegel Holdings Inc. Property Location: 325 Max Becker Drive Legal Description: Block 1, Registered Plan 58M-288, being Parts 5 & 6 -and- Submission No.: B 2007-022 Applicant: Max Becker Enterprises Limited Property Location: 1191 Fischer-Hallman Road Legal Description: Block 2, Registered Plan 58M-288, being Part 2, Reference Plan 58R-13609 Appearances: In Support: V. Bender C. Robson Contra: None Written Submissions: None The Committee was advised that these 2 properties have been developed to function and appear as 1 plaza complex, even though each address is a separate legal parcel of land. The intent of these 2 applications is to allow each property an easement over the other property for vehicular and pedestrian ingress, egress and parking. The easement on each property will be over all asphalt areas including: parking spaces, aisles, driveway access, and pedestrian walkways. The parts of these properties containing the buildings will not be included in the easements. The Committee considered the report of the Development and Technical Services Department, dated July 4, 2007, advising that the subject properties are located on the southwest corner of Fischer Hallman Road and Max Becker Drive. The lands are currently designated Mixed Use Node in the Official Plan and are zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 369R and 356R. The subject properties are owned by related companies Max Becker Enterprises (1191 Fischer Hallman Rd) and RBJ Schlegel (325 Max Becker Dr), however legally they are two separate parcels of land. The lands known as 325 Max Becker Dr have been developed with a commercial plaza and a McDonald's restaurant with adrive-thru is planned for 1191 Fischer Hallman Rd. The owner of COMMITTEE OF ADJUSTMENT 146 JULY 17, 2007 2. Submission No.: B 2007-021 & B 2007-022 tCont'd) 1191 Fischer Hallman Rd has recently received Minor Variances to facilitate the McDonald's restaurant and has also received Site Plan Approval in Principle for this development. The applicant is requesting consent to create a reciprocal easements across the entirety of both parcels. The subject lands, as described above, consist of two separate legal properties; however, they will function as a contiguous plaza site, and are also part of the overall contiguous Williamsburg Town Centre plaza site which includes land on all four corners of Fischer Hallman Rd and Westmount Rd/Max Becker Dr. In the spirit of a plaza, both owners require access over the other's lands. Therefore, these applications are requesting permission to create reciprocal easements for vehicular and pedestrian ingress, egress and parking. In this regard, and as indicated on the draft plans submitted with the applications, the easements are being requested over all asphalt areas including parking spaces, aisles, driveways and pedestrian walkways. The parts containing the actual buildings should be excluded from the easements. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the proposed reciprocal easements (as indicated on the applicant's drawing) are appropriate and necessary in order to allow full movement and access between the subject parcels of land. Based on the foregoing, Planning recommends that the applications be approved subject to certain conditions. 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of 325 Max Becker Dr and 1191 Fischer Hallman Rd enter into a Reciprocal Easement Agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access and parking and a joint maintenance agreement for both properties are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 4. That a draft reference plan showing the proposed easements be approved by the City's Manager of Development Review. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 10, 2007, advising they have no concerns with this application. Mr. Bender advised that the 2 sites are owned by 2 related companies. The blocks are legally separate, and these cross easements are needed so they can function as a contiguous site. The easements will cover all the lands except those areas covered by buildings, for the purpose of access, parking and sidewalks. The Chair raised concerns about mutual access over such things as landscaping, loading docks and garbage areas. Mr. Robson assured the Committee that passage will be restricted to those areas intended for the specified uses, and all the details will be set-out in the easement agreement which must be approved by the City Solicitor. COMMITTEE OF ADJUSTMENT 147 JULY 17, 2007 2. Submission No.: B 2007-021 & B 2007-022 tCont'd) Submission No. B 2007-021 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of RBJ Schlegel Holdings Inc. requesting permission to give an easement for vehicular and pedestrian ingress and egress and parking, over all the land except those portions covered by buildings/structures, in favour of the abutting property at 1191 Fischer-Hallman Road, on Block 1, Registered Plan 58R-288, 325 Max Becker Drive, 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 submit to, and receive approval from the City's Manager of Development Review, of a draft reference plan showing the proposed easements. 3. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted in accordance with the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 4. That the owners of 325 Max Becker Drive and 1191 Fischer Hallman Road shall enter into a reciprocal easement and joint maintenance agreement, to be approved by the City Solicitor and registered on title of both properties, which shall ensure rights-of-way for access and parking, and perpetual maintenance. The owner shall provide the City with confirmation that this agreement(s) has been registered. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2009. Carried Submission No. B 2007-022 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 148 JULY 17, 2007 2. Submission No.: B 2007-021 & B 2007-022 tCont'd) That the application of Max Becker Enterprises requesting permission to give an easement for vehicular and pedestrian ingress and egress and parking, over all of the land not covered by buildings/structures, in favour of the abutting property at 325 Max Becker Drive, on Block 2, Registered Plan 58M-288, 1191 Fischer-Hallman 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 submit to, and receive approval from the City's Manager of Development Review, of a draft reference plan showing the proposed easements. 3. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted in accordance with the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 4. That the owners of 325 Max Becker Drive and 1191 Fischer Hallman Road shall enter into a reciprocal easement and joint maintenance agreement, to be approved by the City Solicitor and registered on title of both properties, which shall ensure rights-of-way for access and parking, and perpetual maintenance. The owner shall provide the City with confirmation that this agreement(s) has been registered. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2009. Carried 3. Submission No.: B 2007-023 Applicant: Shirley Day Property Location: 21 Rothsay Avenue Legal Description: Lot 15, Registered Plan 769 Appearances: In Support: J. Day Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 149 JULY 17, 2007 3. Submission No.: B 2007-023 tCont'd) The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Rothsay Avenue of 20.305 m (66.61'), a depth of 45.714m (149.98'), and an area of 768 sq. m. (8,266.95 sq. ft.), to be developed for residential use. The retained land will have a width on Rothsay Avenue of 19.919m (65.35'), a depth of 45.714m (149.98') and an area of 1,069 sq. m. (11,506.99 sq. ft.), and will contain the existing residence and shed. The Committee considered the report of the Development and Technical Services Department, dated July 9, 2007 advising that the subject property is located at 21 Rothsay Avenue, between Natchez Road and Forfar Avenue. The property is designated `Low Rise Residential' in the Official Plan, zoned Residential Three Zone (R-3) and is located in a neighbourhood consisting of single detached dwellings on the south side of the street and commercial properties on the north side of the street. The property has a frontage of 40.224 metres and an area of 1837.7 square metres. The site currently contains one single detached dwelling and the applicant is requesting consent to sever a single lot from the western edge of the property. The severed lot will have a frontage of 20.305 metres and an area of 768.3 square metres; the retained lot would have frontage of 19.919 metres and an area of 1069.4 square metres. Both lots will comply with all applicable zoning regulations. The applicant intends to continue the use of the existing single detached dwelling and plans to build a new single detached dwelling on the severed lot. In addition to complying with all R-3 zoning regulations, this application conforms to Section 3.1.2 of the Official Plan which encourages low rise residential districts to accommodate a wide range of housing types and favours the mixing and integration of housing to achieve a low overall intensity of use. Furthermore, the application conforms to the Provincial Policy Statement and the recent Places to Grow Act. The Provincial Policy Statement refers to residential intensification by the development of underutilized lots within previously developed areas. This is reiterated by the Places to Grow Act, which mandates the use of infill development to achieve denser, more transit supportive cities. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The configuration of the severed lands can be considered appropriate for the development of the uses permitted in the Residential Three Zoning category and any future development should be compatible with the neighbourhood. Therefore the consent is not considered to be premature or pre- determining the outcome of future planning processes. Based on the foregoing, Planning recommends that the application be approved, subject to conditions listed below. 1. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of lands to be severed. 2. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 3. That the owner 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. 4. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 5. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn COMMITTEE OF ADJUSTMENT 150 JULY 17, 2007 3. Submission No.: B 2007-023 tCont'd) (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 10, 2007, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority, dated June 28, 2007, advising they have no concerns with this application; however, the northwest corner of the lot to be severed is within the Regulated allowance of the floodplain of the Kolb Drain. Consequently, a portion of the site is regulated by the GRCA under Ontario Regulation 150/06. Any new development or site alteration on the severed lot within the Regulation limit will require the prior issuance of a permit from the GRCA. In response to the staff recommendation, Mr. Day advised that the existing house is already attached to municipal services, and the existing well and septic has been decommissioned. Mr. Day was advised that he will still have to provide confirmation from Engineering Services that separate municipal services have been provided. The Committee discussed the Region's comments concerning a Record of Site Condition, noting that no one at this Committee has the knowledge or certification to release such a condition. Ms. von Westerholt agreed to discuss this matter with Regional staff. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Shirley Day requesting permission to sever a parcel of land having a width on Rothsay Avenue of 20.305 m (66.61'), a depth of 45.714 m (149.98'), and an area of 768 sq. m. (8,266.95 sq. ft.), on Part Lot 15, Registered Plan 769, 21 Rothsay Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 2. That the owner shall make financial arrangements satisfactory to the City's Engineering Services for the installation of new service connections to the severed and retained lands. 3. That the owner shall make financial arrangements satisfactory to 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 land. 4. 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. 5. That the owner shall remove any glazed area (eg. windows) located in the west wall of the existing shed (closest to the land to be severed) and replace those glazed areas with a solid wall, to the satisfaction of the City's Building Division. 6. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be COMMITTEE OF ADJUSTMENT 151 JULY 17, 2007 3. Submission No.: B 2007-023 tCont'd) submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2009. Carried ADJOURNMENT On motion, the meeting adjourned at 10:45 a.m. Dated at the City of Kitchener this 17th day of July 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment