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HomeMy WebLinkAboutDev & Tech Svcs - 2007-09-10DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:03 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, K. Galloway, J. Gazzola and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer R. Browning, General Manager of Development & Technical Services F. McCrea, Assistant City Solicitor G. Murphy, Director of Engineering J. Willmer, Director of Planning S. Turner, Director of Enforcement R. Regier, Executive Director, Economic Development K. Carmichael, Supervisor, Traffic & Parking M. Selling, Director of Building D. Gilchrist, Committee Administrator 1. DTS-07-131 - DUKE STREET EAST - ON STREET PARKING The Committee considered Development and Technical Services Department report DTS-07- 131,dated August 7, 2007, recommending that on-street parking be permitted for 2 consecutive hours on portions of Duke Street East. On motion by Mayor C. Zehr - it was resolved: "That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday with no re-parking within five (5) hours of initial parking on the south side of Duke Street East from a point 25 metres west of Cedar Street to a point 10 metres west thereof; and, That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday with no re-parking within five (5) hours of initial parking on the south side of Duke Street East from a point 15 metres east of Eby Street to a point 30 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-07-144 - SWEETBRIAR DRIVE - ON STREET PARKING The Committee considered Development and Technical Services Department report DTS-07- 144, dated August 28, 2007, recommending the prohibition of on-street parking on a portion of Sweetbriar Drive. On motion by Mayor C. Zehr - it was resolved: "That on-street parking be prohibited at anytime on the south (odd house number) side of Sweetbriar Drive from a point 66 metres east of the north intersection of Duncairn Avenue to a point 23 metres east/south thereof; and further, That the Uniform Traffic By-law be amended accordingly." 3. DTS-07-145 - INGLESIDE DRIVE - ON STREET PARKING The Committee considered Development and Technical Services Department report DTS-07- 145, dated August 28, 2007, recommending the prohibition of on-street parking on a portion of Ingleside Drive. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 - $2 - CITY OF KITCHENER 3. DTS-07-145 - INGLESIDE DRIVE - ON STREET PARKING, tCONT'D) On motion by Mayor C. Zehr - it was resolved: "That on-street parking be prohibited at anytime on the north (even house number) side of Ingleside Drive from a point 55 metres east of the intersection of Hazelglen Drive to a point 30 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly." 4. DTS-07-113 - ROAD AND SURFACE CONSTRUCTION NOISE EXEMPTION FOR - FOR REGION OF WATERLOO SPOT IMPROVEMENTS The Committee considered Development and Technical Services Department report DTS-07- 113 dated September 4, 2007, recommending a noise exemption for the Region of Waterloo for spot improvements. Mr. K. Carmichael noted that the Region has advised these spot improvements will take place at six locations in the City of Kitchener, during the week of September 24, 2007. On motion by Councillor K. Galloway- it was resolved: "That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work, during the spot improvements contract #2007-027 in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the week of September 24, 2007." 5. DTS-07-14$ - DEMOLITION PERMITS -FOLLOW-UP INFORMATION The Committee considered Development and Technical Services Department report DTS-07- 148, dated August 30, 2007, regarding demolition of properties for which no redevelopment plans are available, as requested by this Committee on August 13, 2007. With respect to the buildings on Weber Street East at Scott Street, Mr. Selling advised that staff has been involved for the past 1 ~/2 years; however, the ownership changed twice in that time. There was, at one point, a proposal to construct a high rise; however, the original owners have repossessed the property, and currently there is no redevelopment proposal. Staff continues to work with the owners. Councillor Gazzola noted there are a number of heritage districts in the City and questioned whether the impact is different for designated properties. Mr. Turner responded that there are other requirements for properties designated under the Ontario Heritage Act. If there are property standards issues with designated properties, these issues are referred to the City's Heritage Planner. Staff are also considering including special regulations in the Property Standards By-law for heritage properties. Staff will be submitting a report on this matter on October 15, 2007. Mayor Zehr noted that the City's policy respecting demolition control currently requires that redevelopment plans be in place. He questioned whether there can be exceptions to this policy. Mr. Willmer responded that there are no rules in place to prevent selective decisions. There is a reluctance for the City to get involved on private property; however, if safety is an issue the Building Division will get involved, and there is a mechanism that can be put in place. In response to questions from the Committee, Mr. Regier advised that derelict properties are a visual deterrent to investment. The City should do something expeditiously as a number of these buildings are derelict. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 - $3 - CITY OF KITCHENER 5. DTS-07-14$ - DEMOLITION PERMITS -FOLLOW-UP INFORMATION, tCONT'D) Mr. Willmer suggested setting a timeline to deal with derelict buildings where there are no redevelopment plans and nothing is being done by the owner. He suggested that the owners should be advised that derelict buildings are not acceptable to the City. At the same time we should not be creating an environment where letting your building deteriorate is an easy way to obtain a demolition permit. Mr. Selling commented on 59 Weber Street noting that the building is structurally safe but is aesthetically unpleasing. Staff will be coming forward with a recommendation to demolish this building even though there is no redevelopment proposal. Mr. Turner advised that staff is proposing to revise the Property Standards By-law, which will probably come to this Committee in the spring of 2008. As part of this review, staff will investigate what other municipalities are doing in terms of when is it better to have a vacant lot rather than a derelict building. Mr. Browning advised that staff will discuss this matter and determine a process to deal with derelict buildings for which there are no redevelopment plans. 6. DTS-07-122 - ZONE CHANGE APPLICATION ZC0611$lEIJB - 47 ELLIS AVENUE The Committee considered Development and Technical Services Department report DTS-07- 122, dated August 27, 2007, regarding a zone change for 47 Ellis Avenue to permit an existing temporary garden suite to remain on this property permanently. Mr. Willmer advised that in 1996, a temporary zoning by-law was approved by Council to permit a garden suite on this property fora 10 year period. Staff is recommending a zoning by-law that would permit this garden suite to remain on this property, which is a very deep lot. He noted that a few concerns have been raised by some of the neighbours. In response to questions from Councillor Smola, Ms. Roedding, one of the applicants, advised that the garden suite has not been occupied since August 6, 2006. Mr. R. Oakley attended this meeting in opposition to the zone change. He advised that he lives across the street from the subject property and has lived there since 1956. He stated that when this second unit was initially built, it was intended to accommodate the owner's grandparents, who have since died. Following that, a second older person moved into this unit, and this person also died. After that, a young girl and her baby moved into this unit. At the time of the initial rezoning, the neighbours were advised that this building would be converted into a garage after the 10 year period. Mr. S. Januszkiewicz was in attendance to advise of his opposition to this zone change. He advised that he was not notified of this meeting and only found out about it by chance. He advised of his concern about the change in terminology for this building from a granny suite to a garden suite, which he felt clouded the issue. Also, it was his understanding that it would be converted to a garage and not a rental unit. He stated that if the neighbours had understood at the time of the initial zone change, that this building would become a rental unit after the first 10 years, they would not have supported the initial zone change. Mayor Zehr questioned whether there has been a problem for the neighbours with having someone else living on this property. Mr. Januszkiewicz responded that it is one thing to have older people living there but quite another when it becomes a rental unit. It may mean more cars and more noise, and it may be disruptive. There have not been any problems in the past but he is looking to the future. Also, he is concerned about setting a precedent. Councillor Vrbanovic questioned whether the zoning on this street would allow a duplex. Mr. Willmer responded that every house on this street could be duplexed. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 10, 2007 - $4 - CITY OF KITCHENER 6. DTS-07-122 - ZONE CHANGE APPLICATION ZC0611$lEIJB - 47 ELLIS AVENUE, tCONT'D) Councillor Vrbanovic then questioned whether, through this rezoning process, the City could restrict as of right duplexing of the main building on this property. Mr. Willmer responded the special use provision could be revised to allow the garden suite and prohibit duplexing of the main building. In response to concerns raised by Mr. Januszkiewicz, Mr. Willmer advised that Mr. Januszkiewicz had been provided the original notice of this zone change, but because he had not corresponded with the City in this regard, he had not been provided with notice of this meeting. With regard to the change in terminology from granny suite to garden suite, Mr. Willmer advised that the province has changed this terminology because a granny suite can be a separate building or within the main building on a property. Councillor Vrbanovic questioned the applicants as to whether they would be agreeable to restricting their right to duplex the main building if they get approval for the garden suite, and Ms. Roedding agreed to such a restriction. Mr. Willmer recommended flexibility in the wording of the by-law such that if the garden suite is used as a residential unit they can not duplex the main building; however, if the garden suite is converted to a garage, the main building can be duplexed. Councillor Smola put forward a motion to defer consideration of this matter to next week's Council meeting. He was of the opinion that the neighbours need an explanation, and he advised that he would like to meet with the neighbours, the applicants and staff. On motion by Councillor J. Smola- it was resolved: "That consideration of the following recommendation contained in Development and Technical Services Department report DTS-07-122, be deferred and referred to the Council meeting of September 17, 2007, to allow the Ward Councillor the opportunity to discuss this zone change with the applicants, staff and neighbours: `That Zone Change Application ZC06/18/E/JB (47 Ellis Avenue, Roedding / Harrop) for the purpose of changing the zoning from Residential Four (R-4) with Temporary Use Provision 3T to allow for a Garden Suite to Residential Four (R-4) with Special Use Provision 3650 to legalize the existing temporary garden suite as a permanent coach house dwelling unit on lands legally described as Registered Plan 373 Part of Lots 7 as shown as part 10 RP 58R-8030 in the City of Kitchener be approved.` " 7. PROPERTY MAINTENANCE ISSUES -WEBER STREET EAST & OTTAWA STREET Councillor Vrbanovic directed staff to address the issue, at the former Beaver site at Weber Street and Ottawa Street, respecting overgrown grass and a derelict mobile sign. 8. ADJOURNMENT On motion, the meeting adjourned at 7:40 p.m. D. Gilchrist Committee Administrator