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HomeMy WebLinkAboutAdjustment - 2002-11-12 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 12, 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Britton and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:50 a.m. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of October 22, 2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-010 Nurko Sokolovic 727-729 King Street East Lot 5, Re.qistered Plan 634 Appearances: In Support: Mr. Brian Kelly, Kelly & Co. Mr. Nurko Sokolovic Contra: None Public Submissions: In Support: Mr. Brian Kelly, Kelly & Co. Contra: None This application was originally considered at the January 29, 2002 Committee of Adjustment meeting at which time it was deferred to allow an opportunity for an off-site parking agreement to be finalized. Subsequent deferrals have resulted in the application being before the Committee this date. The Committee was previously advised that the applicant is requesting permission for a reduction in the number of parking spaces required for expansion of an existing restaurant use from 36 parking spaces to 10. This application was amended at the January 29, 2002, Committee of Adjustment meeting to request permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building as restaurant, from 16 parking spaces to 7. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 198 NOVEMBER 12, 2002 1. Submission No.: A2002-010 (Cont'd) Planning Division - January 21, June 13, and October 17, 2002 - opposed; concerns relate to impact to the local street network and surrounding neighbourhood from resulting increased parking demand within an area experiencing high traffic volume and limited on-street parking and non-compliance with Municipal Plan objectives to ensure adequate parking standards; further advised consent approval is required for lease of off-site parking necessitating preparation of a reference plan and registration of an easement document; Legal Services Division - June 14, 2002 - suggested revisions to the June 6th draft off-site parking agreement; October 17, 2002 - legal opinion respecting the necessity of registering an off-site parking agreement on title of the property supplying the parking spaces; October 21, 2002 - letter to applicant's Solicitor outlining proposed changes to clauses within the draft off- site parking agreement; November 12, 2002 - explanation of the intent of an off-site parking agreement and Planning Act regulations with respect to agreements in excess of 21 years; a copy of a letter dated November 6, 2002 from Mr. Brian Kelly, Kelly & Co. enclosing a copy of a letter from Windale Services & Enterprises Ltd. dated November 4, 2002 confirming their willingness to lease parking spots to the applicant; · Traffic & Parking Analyst - June 12, 2002 - opposed; concerns relate to lack of on-street and alternate parking in the area; Mr. Brian Kelly, Kelly & Co. - April 15, 2002 - comments respecting the operation of the upper floor of the subject dwelling and a draft off-site parking agreement; June 6, 2002 - revised draft off-site parking agreement; Ontario Municipal Board Order No. 0212 dated February 12, 2001; The following have no concerns or comments with respect to this application: · Director of Building - January 8, 2002 · Region of Waterloo - January 8, 2002 · Grand River Conservation Authority- January 23, 2002. Mr. Brian Kelly, agent for the applicant, advised that in response to the Committee's October 22 request, he had forwarded a copy of a letter of commitment from the owner of Windale Services & Enterprises Ltd. to the City's Solicitor, outlining parking spaces to be made available to his client at the property known municipally as 659-665 King Street East. Mr. S. Kay acknowledged that the Committee was in receipt of a copy of the said letter. Mr. Kelly gave assurances that his client would cease the use immediately and give notification to the City in the event the off-site parking spaces were no longer available. He further requested that his client be exempt from registering the off-site parking agreement on title of the Windale property and that it not be subject to perpetuity. The Committee then entered into a lengthy discussion during which it was acknowledged that the upper floor was mostly used for serving of beverages and playing billiards; off-site parking occurs by permission on another property next door, operated as a Mr. Transmission; there is a history of parking enforcement in the area; City staff and the owner of the subject property disagree as to the number of legal parking spaces on site (City staff believe there are 7 while the applicant suggests there are 10); the City Solicitor has provided an opinion that registration does not change obligation to fulfill the terms of the agreement and the use will be required to cease should the agreement no longer be in effect. Mr. P. Britton commented that he was prepared to support the variance given the intent of the Municipal Plan is to encourage use of existing buildings within the mixed use corridor; it is not uncommon to have shared parking within mixed use corridors; and in his experience, he has never found on-street parking at capacity in the subject area. Mr. Britton suggested that approval be conditional on the upper floor not being used for food consumption given the applicant has indicated it is used only for billiards and after hours overflow from the bar. Mr. Kay stated that he could not support the application, raising concerns of enforcing the use of the upper floor; the disagreement with respect to the number of legal parking spaces on site; and, off-site parking occurring on the Mr. Transmission site that is not subject to the application. COMMITTEE OF ADJUSTMENT 199 NOVEMBER 12, 2002 Submission No.: A2002-010 (Cont'd) He further stated that irregardless of attending to play billiards or to consume food, patrons would still require parking. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Nurko Sokolovic requesting permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building, from 16 parking spaces to 7 parking spaces on Lot 5, Registered Plan 634, 727-729 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That on or before January 14, 2003 and subject to the satisfaction of the City Solicitor, the Owner of the subject lands, together with the Owner's tenant (restaurant operator), shall enter into an agreement to be registered on title of the property known municipally as 727- 729 King Street East, to provide for the additional 7 parking spaces to be located at 659 to 665 King Street East; said agreement, shall among other matters, provide for the following: a) That the Owner shall ensure that the upper floor of the existing building located at 727- 729 King Street East is not used for food consumption. 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. 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.: Applicant: Property Location: Le.qal Description: A 2002-052 First Capital (Kitchener Corporation) 1005 Ottawa Street North Part Block E & F, Re.qistered Plan 1170 Appearances: None Public Submissions: None As no one was in attendance to support the application, the Committee agreed to defer this application to the December 10, 2002 Committee of Adjustment meeting. Submission No.: Applicant: Property Location: Le.qal Description: A 2002-054 Ray Whittemore (K-W Surplus) 666 Victoria Street North Lot 45, Re.qistered Plan 763 Appearances: None Public Submissions: None The Secretary-Treasurer advised that a letter was forwarded to the applicant dated October 25, 2002 advising of the date and time this application would be considered and requesting the applicant to provide notice of intention to proceed with this application. No response to the letter was received. As no one was in attendance to support the application, the Committee agreed to defer this application peremptorily to the December 10, 2002 Committee of Adjustment meeting and the COMMITTEE OF ADJUSTMENT 200 NOVEMBER 12, 2002 3. Submission No.: A2002-054 (Cont'd) Secretary-Treasurer was directed to send a further letter by registered mail to the applicant to notify of the date and time this application would be considered. CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2002-027 Lynne Schneider 602 Hidden Valley Road Lot 12, Registered Plan 1523 Appearances: In Support: Mrs. Lynne Schneider Contra: None Public Submissions: None This application was originally considered at the September 10, 2002 Committee of Adjustment meeting at which time the application was deferred to allow a geotechnical study to be submitted and reviewed by the Grand River Conservation Authority. Prior to consideration of this application the Committee considered the issue of recirculation of the application based on a revised severance plan showing a new lot configuration. It was noted that the new lot configuration was a direct result of the geotechnical study undertaken by the applicant at the request of the Grand River Conservation Authority and accordingly, it was agreed no further notice would be required. The Committee was previously advised that the applicant is requesting permission to create one new lot for single residential development having frontage on Hidden Valley Road of 63 m (206.69 ft.), by an average depth of 115.09 m (377.59 ft.) and an area of 6,104.28 m2 (65,708.07 sq. ft.). The Committee was in receipt of a revised severance plan dated October 25, 2002 illustrating a new lot configuration for the severed parcel consisting of frontage on Hidden Valley Road of 69.293 m (227.34 ft.) and an area of 4,115 m2 (44,294.99 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - August 30, 2002 - recommending deferral, to allow a geotechnical study to be approved by the Grand River Conservation Authority and if necessary, a revised plan to be submitted; November 1,2002 - in support, subject to certain conditions; · Director of Building - September 3, 2002 - in support, subject to a geotechnical investigation being completed and approved; Region of Waterloo - September 5, October 16, and November 6, 2002 - in support, subject to an archaeological assessment to be approved by the Ministry of Culture and a noise study to be approved by the Region; Grand River Conservation Authority - September 4, 2002 - requesting deferral pending review of a geotechnical study and any necessary revisions to the site plan; October 16, 2002 - advising the geotechnical report has been submitted and requesting deferral pending receipt of a revised severance sketch to show the severed lot located outside the development setbacks; November 1, 2002 - advising they are in receipt of a revised severance sketch and have no further objection to the application; · Kitchener-Wilmot Hydro Inc. - September 4, 2002 - in support, subject to granting of any required easements. COMMITTEE OF ADJUSTMENT 201 NOVEMBER 12, 2002 1. Submission No.: B 2002-027 (Cont'd) Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the revised application, subject to certain conditions. The conditions were reviewed with the applicant, following which Ms. Schneider indicated she was in agreement with the recommendation. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Lynne Schneider requesting permission to convey a parcel of land for single residential development having frontage on Hidden Valle~y Road of 69.293 m (227.34 ft.), by a northerly depth of 88 m (288.71 ft.) and an area of 4,115 m'(44,294.94 ft.), and the granting of any easements required by Kitchener-Wilmot Hydro Inc.; on Lot 12, Registered Plan 1523. 602 Hidden Valley Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation, to City standards, of culverts for driveway ramps, and for boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall submit for the review of the City's Chief Building Official, a geotechnical investigation completed by a professional engineer confirming the suitability of the severed lot for a private inground sewage disposal system. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Principal Planner, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits; such plans shall include among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) That the owner further agrees to implement the approved plan; no changes to the said plan shall be granted except with the prior approval of the City's Principal Planner. 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. That the owner shall submit an archaeological assessment for the subject lands to be forwarded to the Ministry of Culture for approval; a copy of the completed assessment must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. That the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo, methods to be used to abate Highway 8 noise levels for the proposed development and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures prior to clearance of this condition. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. COMMITTEE OF ADJUSTMENT 202 NOVEMBER 12, 2002 1. Submission No.: B 2002-027 (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 fulfill 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 November 12, 2004. Carried NEW BUSINESS CONSENT & MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2002-029, B 2002-030 and A 2002-063 Ping Zing Holdings Inc./Karin Kuntz Grand Hill Drive/Folleys Lane Part Lots 9 & 10, Beasley's Broken Front Concession designated as Part 3 on Reference Plan 58R-11429; Part Lot 10, Beasley's Broken Front Concession together with ROW, designated as Part of Part 4 on Reference Plan 58R-4616 Consent applications B 2002-029 and B 2002-030 were previously considered at the October 1, 2002 Committee of Adjustment meeting at which time they were deferred pending submission of a minor variance application to address a reduction in the lot width for the lot created under B 2002-029. The Committee was previously advised that the applicant is requesting permission to convey 2 parcels of land as lot additions to 2 abutting properties for residential use. The 1st parcel to be severed will be added to 40 Folleys Lane and will have a lot width of 147 m (482.28 ft.) and an area of 3,160 m2 (34,015.06 sq. ft.). The 2nd parcel to be severed is to be added to lands within a plan of subdivision, identified as Block 24, immediately south of the subject property and will have a lot width of 61.6 m (202.09 ft.) and an area of 2,400 m2 (25,834.23 sq. ft.). The Committee was further advised that under Minor Variance Application A 2002-063, the applicant is requesting permission to allow a reduction in the required frontage for an irregular shaped residential parcel of land from 30 m (98.42 ft.) to 9.7 m (31.82 ft.). B 2002-029 & B 2002- 030 were previously considered and deferred pending receipt of the minor variance application. Consent Application B 2002-029 is also proposed to be revised to now request permission to severe a parcel of land as a lot addition to an abutting parcel having frontage on Folleys Lane of 9.7 m (31.82 ft.), by a depth of 269 m (882.54 ft.) and an area of 4,920 m~ (52,960.17 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - September 25, 2002 - requesting deferral; November 6, 2002 - in support, as amended and subject to certain conditions; · Director of Building - September 23, 2002 - in support, subject to a geotechnical investigation; November 1,2002 - in support without condition; COMMITTEE OF ADJUSTMENT 203 NOVEMBER 12, 2002 1. Submission Nos.: B 2002-029, B 2002-030 and A 2002-063 (Cont'd) The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - September 25 and October 16, 2002 · Region of Waterloo - September 25, October 25 and November 6, 2002 · Grand River Conservation Authority - September 24 and November 4, 2002. Mr. S. Kay reviewed the comments, noting revisions to Consent B 2002-029 in addition to the variance requested to address the lot width of the resulting parcel. Ms. Marilyn Wilkinson, agent for the applicant, advised that she was in agreement with the staff recommendation. Minor Variance A 2002-063 Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Karin Kuntz requesting permission to reduce the minimum lot width from 30 m (98.42 ft.) to 9.7 m (31.82 ft.) for the lot to be created as a result of a lot addition proposed under Consent Application, Submission No. B 2002-029, on Part Lot 10, Beasley's Broken Front Concession, together with ROW, designated as Part of Part 4 on Reference Plan 58R-4616, 40 Folleys Lane, 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. 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 B 2002-029 Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Ping Zing Holdings Inc. requesting permission to convey a parcel of land as a lot addition to an abutting parcel at 40 Folleys Lane for residential use, having frontage on Folleys Lane of 9.7 m (31.82 ft.), by a depth of 269 m (882.54 ft.) and an area of 4,920 m2 (52,960.17 sq. ft.), on Part Lots 9 & 10, Beasley's Broken Front Concession, designated as Part 3 on Reference Plan 58R-11429, Grand Hill Drive/Folleys Lane, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That Minor Variance Application, Submission No. A 2002-063 (Karin Kuntz), shall be finally approved. 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. That the lands to be severed shall be added to the abutting lands municipally addressed as 40 Folleys Lane and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. 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. COMMITTEE OF ADJUSTMENT 204 NOVEMBER 12, 2002 1. Submission Nos.: B 2002-029, B 2002-030 and A 2002-063 (Cont'd) 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 fulfill 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 November 12, 2004. Carried Consent B 2002-030 Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Ping Zing Holdings Inc. requesting permission to convey a parcel of land as a lot addition to an abutting parcel legally described as Block 24 on Plan of Subdivision 30T- 99202, having a lot width of 61.6 m (202.09 ft.), by an average depth of 40 m (131.23 ft.) and an area of 2,400 m2 (25,834.23 sq. ft.), on Part Lots 9 & 10, Beasley's Broken Front Concession, designated as Part 3 on Reference Plan 58R-11429, Grand Hill Drive/Folleys Lane, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. That the lands to be severed shall be added to the abutting lands legally described as Block 24 on Plan of Subdivision 30T-99202, and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. 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 fulfill 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 November 12, 2004. Carried COMMITTEE OF ADJUSTMENT 205 NOVEMBER 12, 2002 MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: B 2002-064 Adam Firis 170-172 Weber Street East Part Lots 53 & 54 and Subdivision of Lot 2, German Company Tract, designated as Part 20 on Reference Plan 58R-11058 and Part 1 on Reference Plan 58R-12136 Appearances: In Support: Mr. Adam Firis Mr. Ryszard Gancewski, Architect Contra: Mr. David Bailey Mr. Vance Oestrich Mr. Gordon Hall Ms. Brenda Martin Public Submissions: In Support: None Contra: Mr. David Bailey The Committee was advised that the applicant is proposing to construct a 3 storey apartment building having a frontyard setback of 2 m (6.56 ft.) rather than the required 3 m (9.84 ft.), an easterly sideyard setback of 1.2 m (3.94 ft.) rather than the required 3 m (9.84 ft.) and a reduction in the required number of on-site parking spaces from 9 spaces to 7. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - November 3, 2002 - in support, as amended to reflect a revised site plan that now proposes construction of a 3 storey apartment building containing 6 two bedroom units and 1 bachelor unit, and subject to final approval of Site Plan Application SPR 02/61AN/SL; Traffic & Parking Analyst - October 16, 2002 - advising only 7 parking spaces can be accommodated on site leaving no available space for additional vehicles/visitor parking which may result in overflow parking on neighbouring side streets; Region of Waterloo - October 28, 2002 - advising development is subject to the Region's Commercial Access requirement of a minimum 6 m radius and throat width of 7.6 m; the 45 m setback for the access from a signalized intersection is acceptable; a Regional Road Permit is required; a road widening required on Weber Street has already been acquired; a detailed grading and drainage control plan is required; in the event that the apartment units become condominium units a noise study will be required; and, Weber Street is to be widened in 2007; The following had no concerns or comments with respect to this application: · Director of Building- November 1,2002 · Grand River Conservation Authority- November 4, 2002; Mr. David Bailey, owner of 83 Cameron Street North - opposed; concerns raised relate to deviation from original site plan as attached to his purchase agreement; proximity of townhouses to proposed development; development not in keeping with surrounding neighbourhood; impact to adjacent City park; loss of landscaping and privacy; and issues of parking, location of garbage bin and snow removal; COMMITTEE OF ADJUSTMENT 206 NOVEMBER 12, 2002 Submission Nos.: B 2002-029, B 2002-030 and A 2002-063 (Cont'd) Mr. Gordon Matlashewski, owner of 85 Cameron Street North - November 8, 2002; Mr. & Mrs. Eliaho Abrahim, owners of 87 Cameron Street North - November 11, 2002; authorizing Mr. David Bailey to speak on their behalf in opposition. Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Ryszard Gancewski, agent for the applicant, reviewed the changes made to the site plan resulting in the variances requested being amended to eliminate the need for a frontyard setback variance, to permit a 1.5 m easterly sideyard setback and to permit a reduction from 8 required parking spaces to 7. Mr. David Bailey advised that he was opposed to the application and also had authorization to speak on behalf of the owners of 85 and 87 Cameron Street North. Mr. Bailey reviewed concerns outlined in his written submission, as noted above. Mr. Bailey also provided pictures of his townhouse unit and a plan showing the location of his unit. Mr. Vance Oestrich advised that he was opposed to the application, raising similar concerns to that of Mr. Bailey and noting that one of the proposed parking spaces would be located only 14 ft. from a ground floor window in his townhouse unit. Following discussion, Mr. Kay pointed out that the concerns raised by area residents are more in keeping with issues dealt with under site plan approval and suggested that the application be deferred to allow opportunity for the applicant to meet with area residents to determine if their concerns can be addressed. Mr. Firis and his agent agreed to deferral. By general consent, it was agreed that this application would be deferred to the December 10, 2002 Committee of Adjustment meeting. Submission No.: Applicant: Property Location: Le.qal Description: A 2002-065 Walter Cibic 1327 King Street East Part Lots 10, 11 & 12, Re.qistered Plan 258 Appearances: In Support: Mr. Zyg Janecki, Planning & Engineering Initiatives Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to reduce the number of required on-site parking spaces for the existing residential use from 7 spaces to 2 and for the 2 spaces to be located one behind the other (tandem) rather than side-by-side. 2 additional spaces are proposed to be located in front of the building within the King Street East road allowance subject to a lease agreement with the Region of Waterloo. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - November 7, 2002 - in support, subject to a lease agreement with the Region to permit 2 additional parking spaces to be located within the King Street East road allowance; · Region of Waterloo - October 29, 2002 - advising they have no objection to leasing the portion of the Region's right-of-way fronting the subject lands for parking; The following had no concerns or comments with respect to this application: · Director of Building- November 1,2002 · Traffic & Parking Analyst - October 16, 2002 · Grand River Conservation Authority- November 4, 2002. COMMITTEE OF ADJUSTMENT 207 NOVEMBER 12, 2002 Submission No.: A2002-065 (Cont'd) Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Zyg Janecki, agent for the applicant, advised that he was in agreement with the staff recommendation. The Committee discussed the issue of registration of the agreement between the applicant and the Region of Waterloo respecting the issue of perpetuity and it was determined that if the lease was not in effect the condition of approval for the variance would not be met and accordingly, the variance would lapse and the use would have to cease to exist. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Walter Cibic requesting permission to reduce the number of required on- site parking spaces for the existing residential uses (7 resident lodging house and 2 dwelling units) from 7 parking spaces to 2 and for the 2 spaces to be located in tandem (one behind the other), rather than side-by-side, on Part Lots 10, 11 and 12, Registered Plan 258, 1327 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That subject to the satisfaction of the Regional City Solicitor, the owner shall enter into a leasing agreement with the Region of Waterloo to provide for 2 off-street parking spaces to be located within the Region's King Street East road allowance; or alternatively, the owner shall obtain title from the Region of Waterloo for that portion of the King Street East road allowance fronting the subject lands. 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. 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.: Applicant: Property Location: Le.qal Description: A 2002-066 Jojan Service Corporation 150 Duke Street West Part Lot B and Part Lot 160, Re.qistered Plan 374 Appearances: In Support: Mr. Robert Deutschmann Contra: None Public Submissions: None Prior to consideration of this application, Mr. Robert Deutschmann addressed the Committee to request that this application be deferred to the next meeting to provide an opportunity for further discussion to take place with City staff. By general consent, it was agreed that this application would be deferred to the December 10, 2002 Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT 208 NOVEMBER 12, 2002 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2002-034 Electrohome Limited 809 Wellington Street North Part Lots 32, 33 & 34, Municipal Compiled Plan 763, designated as Parts 1 to 3 on Reference Plan 58R-3130 and Part 1 on Reference Plan 58R-10424 Appearances: In Support: Mr. Adolf Gubler, Walters Gubler Mr. Walter Magire & Mr. Tad Pecak, Trustees of the Polish Veterans Branch of the Royal Canadian Legion Contra: None Public Submissions: Mr. Adolf Gubler, Walters Gubler Canadian National Railways Inc. The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to an abutting property having a maximum lot width of 3.66 m (12 ft.), by an irregular depth of approximately 80.12 m (262.86 ft.) and an area of 91.9 m2 (989.23 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 28, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building- November 1,2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo- November 6, 2002 · Grand River Conservation Authority- November 4, 2002; · Mr. Adolf Gubler, Walters Gubler- November 6, 2002 - advising that the maximum lot width should be amended from 3.66 m to 2.29 m; Canadian National Railway Properties Inc. - November 7, 2002 - advising of requirements pertaining to any future development including compliance with environmental and safety standards; erection of a chain link fence; and prior agreement for any proposed alterations to existing drainage pattern affecting railway property. Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Adolf Gubler, agent for the applicant, advised that the purpose of the application was to rectify a boundary issue and no new development was proposed. The Secretary-Treasurer referred to the November 6 letter from Mr. Gubler advising that the measurement for the maximum lot width should be amended from 3.66 m to 2.29 m. By general consent, the application was amended to reflect the revised measurement. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Electrohome Limited requesting permission to convey a parcel of land as a lot addition to an abutting property at 601 Wellington Street North, having a maximum lot width of 2.29 m (7.51 ft.), by an irregular depth of approximately 80.12 m (262.86 ft.) and an area of 91.9 m2 (989.23 sq. ft.), on Part Lots 32, 33 & 34, Municipal Compiled Plan 763, designated as Parts 1 to 3 on Reference Plan 58R-3130 and Part 1 on Reference Plan 58R-10424, 809 Wellington Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 209 NOVEMBER 12, 2002 Submission No.: B 2002-034 (Cont'd) 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. That the lands to be severed shall be added to the abutting lands municipally known as 601 Wellington Street North and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 November 12, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: B 2002-035 Frank & Marlene Hoekstra 134 Williamsburg Road Part Lot 47, German Company Tract, designated as Parts 1 & 2 on Reference Plan 58R-1430 Appearances: In Support: Mr. Frank Hoekstra Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to create one new lot proposed for single residential use having frontage on Williamsburg Road of 16.7 m (54.79 ft.), by an average depth of 70 m (229.65 ft.) and an area of 1,169 m2 (12,583.42 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - November 4, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building- November 1,2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo- November 6, 2002 · Grand River Conservation Authority- November 4, 2002. Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Frank Hoekstra advised that he was in agreement with the staff recommendation. COMMITTEE OF ADJUSTMENT 210 NOVEMBER 12, 2002 2. Submission No.: B 2002-035 (Cont'd) Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Frank and Marlene Hoekstra requesting permission to convey a parcel of land proposed for single residential use having frontage on Williamsburg Road of 16.7 m (54.79 ft.), by an average depth of 70 m (229.65 ft.) and an area of 1,169 m2 (12,583.42 sq. ft.), on Part Lot 47, German Company Tract, designated as Parts 1 & 2 on Reference Plan 58R-1430, 134 Williamsburg Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation to City standards, of boulevard landscaping including street trees and a paved driveway ramp on the severed lands. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the installation of all new service connections to the severed lands. 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. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands, which shall include the following: a) That the owner shall agree to submit a building location plan showing the proposed location of all buildings (including accessory buildings), decks and driveways and the location, species, size and condition of all existing trees on the lands to be severed and to obtain approval of same from the City's Principal Planner and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. b) That the owner shall further agree to implement the approved plan; no changes to said plan shall be granted except with the prior approval of the City's Principal Planner. That subject to the satisfaction of the City's Principal Planner, the existing driveway on the retained lands shall be reconfigured so that it does not encroach on the proposed severed lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 November 12, 2004. Carried COMMITTEE OF ADJUSTMENT 211 NOVEMBER 12, 2002 Submission No.: Applicant: Property Location: Le.qal Description: B 2002-036 Michael & Annette Deckert 100 Claremont Avenue Part of Lots 41 to 43 incl., Re.qistered Plan 350 Appearances: In Support: Mr. Michael Carty Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to an abutting property having a maximum lot width of 1.28 m (4.19 ft.), by an average depth of 16.15 m (52.98 ft.) and an area of 20.67 m2 (222.49 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - October 29, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building- November 1,2002 · Traffic & Parking Analyst - October 16, 2002 · Region of Waterloo- November 6, 2002 · Grand River Conservation Authority- November 4, 2002. Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Michael Carty, agent for the applicant, advised that he was in agreement with the staff recommendation. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Michael and Annette Deckert requesting permission to convey a parcel of land as a lot addition to an abutting property at 700 Dunbar Road, having a maximum lot width of 1.28 m (4.19 ft.), by an average depth of 16.15 m (52.98 ft.) and an area of 20.67 m2 (222.49 sq. ft.), on Part of Lots 41 to 43 incl., Registered Plan 350, 100 Claremont Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. That the lands to be severed shall be added to the abutting lands municipally known as 700 Dunbar Road and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT 212 NOVEMBER 12, 2002 Submission No.: B 2002-036 (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 November 12, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: B 2002-037 Theresa Tittley Glasgow Street Part Lot 39, German Company Tract, Reference Plan 58R-6914 designated as Part 5 on Mr. S. Kay advised that the Committee was in receipt of a letter dated November 11, 2002 from Mr. David Tittley, agent for the applicant, requesting that this application be deferred to the Committee's January 2003 meeting. By general consent, it was agreed that this application would be deferred to the January 14, 2003 Committee of Adjustment meeting. ADJOURNMENT On motion, the meeting adjourned at 12:05 p.m. Dated at the City of Kitchener this 12th day of November, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment