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HomeMy WebLinkAboutAdjustment - 2007-09-18COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMER 1$, 2007 MEMBERS PRESENT: Messers M. Hiscott, B. McColl & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic Analyst, Ms. D. Gilchrist, Secretary-Treasurer, D. Hartleib, Administrative Clerk. Mr. M. Hiscott, Chair, called this meeting to order at 9.46 a.m. MINUTES Moved by Mr. B. McColl Seconded by Mr. A. Head That the minutes of the regular meeting of the Committee of Adjustment, of August 21, 2007, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2007-052 Applicant: Michael Shultz & Russel Wilton Property Location: 529 Park Street Legal Description: Part Lot 285. Plan 385 Appearances: In Support: None Contra: None Written Submissions: None As no one appeared in su pport of this application, the Committee agreed to defer its consideration of the application to its meeting scheduled for Tuesday October 16, 2007. 2. Submission No.: A 2007-058 Applicant: Donald Beldock Property Location: 205 Ahrens Street West Legal Description: Lot 66. Plan 34 Appearances: In Support: A. Baribeau Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a carport onto the left side of the existing dwelling to have a side yard of Om rather than COMMITTEE OF ADJUSTMENT 213 SEPTEMBER 1$, 2007 2. Submission No.: A 2007-058, tCont'd) the required 1.2m (3.93') without obtaining a maintenance easement on the abutting property. The Committee considered the report of the Development & Technical Services Department, dated August 7, 2007, in which they advise that the subject property is located on the west side of Ahrens Street West between Blucher Street to the north and Wilhelm Street to the south. The property is zoned Residential Five (R-5) and is designated as Low Rise Residential in Kitchener's Municipal Plan. The building that exists on the site is atwo-storey single detached house. The applicant requests a minor variance concerning the proposed location of a carport at the side of the house. Under section 39.2.1 of Zoning By-Law 85-1, the minimum side yard required is 0 metres to a maximum of 0.2 metres on one side, and a minimum of 1.5 metres on the other side for a dwelling with a building height not exceeding 9.0 metres. The applicant has asked that this regulation be relaxed to permit the construction of a carport addition to the south side of the house with a 0 metre side yard setback. While a 0 metre side yard is permitted in the zoning by-law, an easement with the adjacent site would be necessary in order for the proper repair and maintenance of the structure. The applicant requests a minor variance for permission to build a carport located 0 metres from the side lot line without an easement for encroachment. In considering the requested variance to the City of Kitchener Zoning By-law, staff must examine whether this minor variance would meet the four tests as set out in section 45(1) of the Planning Act, that is, the variance must: (1) be desirable for the appropriate development or use of the land, building, or structure; (2) maintain the general intent and purpose of the Zoning By-law, (3) maintain the general intent and purpose of the Official Plan and lastly, (4) be minor. Only in circumstances where the application meets all four criteria should a minor variance be granted. The building and its neighbourhood is one of established well-kept single-detached dwellings. A site visit was conducted on August 1/2007, at which time Planning staff noted that the area is primarily residential, though a convenience store exists further south on Ahrens Street. The applicant indicates that he cannot comply with the by- law because "the homeowner is handicapped and ice forms on driveway". As such, the proposed carport would "provide cover from the ice hazard and weather issues". Given that this site is used for residential uses, and considering the issue of mobility and safety, staff feels that a carport would be a desirable and appropriate development for the use of the land. In respect to keeping the intent and purpose of the by-law; however, Section 5.20 of Kitchener Zoning By-Law 85-1 states clearly that "the development of dwellings and accessory buildings in excess of 9.3 square metres with 0 to 0.2 metre side yards which do not form part of a common wall with a building on an adjacent lot, shall be permitted provided that a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property." This regulation was created due to concerns about the maintenance and repair of structures having no side access. Given that the zoning by-law is clear and explicit about the intent and purpose of an easement on adjacent properties, staff feels that this application is not in keeping with the spirit of the by-law, and thus it does not meet one of the tests for minor variance. The Official Plan on the other hand, speaks broadly about the need to provide opportunities for a wide variety of housing options, with the aim that all residents in the City of Kitchener in all income ranges are able to afford adequate, safe and good quality housing in an appropriate community setting which meets their needs. Further, other objectives of the Official Plan include supporting the maintenance and COMMITTEE OF ADJUSTMENT 214 SEPTEMBER 1$, 2007 2. Submission No.: A 2007-058. tCont'd rehabilitation of existing housing stock, as well as supporting a high quality of life in residential neighbourhoods. Staff feel that this application would meet the intent of the Official Plan. A site inspection revealed that the building adjacent to the proposed carport is a multiple residential dwelling with a wooden fence separating the two from each other. Given that there is a fairly large setback from the building at 199 Ahrens Street West, and the lot line bordering to the subject property, staff feels that a proposed carport on 205 Ahrens Street West would not have significant impacts on the nearby property to the south. As it stands currently, a large wooden fence obfuscates the view from the ground floor of 199 Ahrens Street West onto the subject property. The construction of the proposed carport would most likely not detract from the reasonable enjoyment of the property to the north either. While three of the four tests are met, it is clear that the intent of the Zoning By-Law would not be upheld if this proposed minor variance were to be allowed. The 1.2 metre setback is necessary for reasonable side access for the repair and maintenance of one's own structures. Further, while the 0 metre setback is permitted, a 1.5 metre easement onto the adjacent property would be necessary so as to allow for legal access in instances where repair and maintenance are necessary. This minor variance application proposes neither. Reducing the carport size so as to leaving a 1.2 metre side yard setback or securing an easement agreement with the owner of 199 Ahrens Street West would yield a solution to the problem. As it stands however, Planning staff recommends that this application be refused. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2007, in which they advise that they have no concerns with this application. Mr. Baribeau advised that since the last meeting, the owner has spoken to the neighbour about the maintenance easement. The neighbour has no concerns with the design for the carport as long as nothing overhangs the lot line. Further, the neighbour has no concerns if the applicant uses part of his property for maintenance; however, he does not want a legal easement unless the applicant is prepared to pay a significant amount of money. Mr. Baribeau advised that the applicant is disabled and needs access to this side of the house. The carport would provide needed shelter from the weather. Mr. Head noted that the carport is proposed to be 5m wide but the normal width of a driveway is 3m, leaving plenty of room to provide the required sideyard of 1.2m, and questioned the need for such a wide carport. Mr. Baribeau commented that the owners want to be able to park 2 cars in the carport; also they want to be able to attach the steel posts for the carport on their side of the fence. Mr. Head noted that the carport as designed would allow 4 cars to be parked under it, and a shorter narrower carport would still allow the owner to park her car and gain access to the house. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Donald Beldock requesting permission to construct a carport to have a left side yard of Om rather than the required 1.2 (3.93'), on Lot 66, Plan 34, 205 Ahrens Street West, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. COMMITTEE OF ADJUSTMENT 215 SEPTEMBER 1$, 2007 2. Submission No.: A 2007-058, tCont'd) 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 3. Submission No.: B 2007-025 Applicant: Kevin Smith Property Location: 26 Fourth Avenue Legal Description: Lot 81. Plan 254 Appearances: In Support: K. Smith Contra: None Written Submissions: None The Committee was advised that the applicants requests permission to sever a parcel of land having a width on Fourth Avenue of 8.125 m (26.65') by a depth of 40.374m (132.46') and an area of 311.6 sq. m. (3,354.14 sq. ft.), to be developed with 1semi-detached dwelling unit. The retained land will have a width on Fourth Avenue of 12.636m (41.45') by a depth of 40.374m (132.46') and an area of 497.2 sq. m. (5,351.99 sq. ft.). The existing house on the retained land will become a semi- detached dwelling unit. The Committee considered the report of the Development & Technical Services Department, dated September 6, 2007, in which they advise that the subject property is located on the westerly side of Fourth Avenue between Kingsway Drive and Connaught Street. The property was originally developed as a single detached dwelling. The owner of the property has been issued a building permit to construct an addition to the southerly side of the existing single detached dwelling to create a semi-detached dwelling. The applicant is requesting consent to create a new lot for asemi-detached house. The subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) which permits asemi-detached dwelling. The application was deferred from the August 21, 2007 Committee of Adjustment meeting as it was unclear as to what the applicant is actually building - a duplex or a semi-detached dwelling. Zoning By-law 85-1 defines a duplex as "a building containing two dwelling units, but not including asemi-detached dwelling." A semi-detached dwelling is defined as "a building divided vertically into two semi- detached houses by a common wall which prevents internal access between semi- detached houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having access to and frontage on a street." The applicant was originally issued a building permit for a side yard addition to create a duplex, however, since that time it has been clarified that the property is intended to be asemi-detached dwelling and a building permit for asemi-detached dwelling has been issued. COMMITTEE OF ADJUSTMENT 216 SEPTEMBER 1$, 2007 3. Submission No.: B 2007-025, tCont'd) 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 severed and retained parcels are in conformity with the City's Municipal Plan and Zoning By-law 85-1. The dimensions and shapes of the proposed lots are appropriate and suitable for the use of the property as asemi-detached dwelling, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. Based on the foregoing, Planning recommends that the application be approved, subject to conditions listed below. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated September 11, 2007, advising that they have no objection to the approval of this application. Mr. Smith advised that he has reviewed the staff recommendation, and has no objections. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Kevin Smith requesting permission to sever a parcel of land having a width of 8.125 m (26.65') by a depth of 40.374m (132.46') and an area of 311.6 sq. m. (3,354.14 sq. ft.) subject to and together with maintenance easements as required in the zoning by-law, on Part Lot 81, Plan 254, 26 Fourth Avenue, Kitchener, Ontario, BE GRANTED, 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 receive approval of a draft reference plan from the City's Director of Planning, showing the severed and retained lands and maintenance easements; and further, That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered on title of both the severed and retained lands to ensure that easements for the properties for maintenance are maintained in perpetuity. 3. That the owner shall pay the City of Kitchener acash-in-lieu contribution for park dedication equal to 5 % of the valve of the lands to be severed. 4. That the owner shall make financial arrangements satisfactory to the City of Kitchener's Engineering Services for the installation of all new service connections to the land to be severed. 5. That the owner shall make financial arrangements satisfactory to the City of Kitchener's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees and paves driveway ramp, for the land to be severed. 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 two full size paper copies of the plan(s). The digital file must be submitted in accordance with the City of Kitchener's digital submission standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 217 SEPTEMBER 1$, 2007 3. Submission No.: B 2007-025, 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 September 18, 2009. Carried This meeting recessed at 10:03am and reconvened at 10:51 am with the following members present: Messers, M. Hiscott, A. Head and B. McColl. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2007-074 Applicant: Faith Martin, Dave Heyer & Sharon Heyer Property Location: 245 Frederick Street Legal Description: Part Lots 2 & 3, Registered Plan 424 Appearances: In Support: S. Martin Contra: None Written Submissions: None The Committee was advised that the applicants request permission to add an office in the basement of the existing building with no additional off-street parking rather than providing 1 additional off-street parking space. The Committee considered the report of Development & Technical Services Department, dated August 29, 2007, advising that the subject property is irregularly shaped and currently contains a converted single detached dwelling which contains offices and a dwelling unit. The property is currently designated Low Density Commercial Residential in the Central Frederick Secondary Plan and is zoned Commercial Residential One (CR-1) Zone with Special Regulation Provision 114R which limits the height and floor space ratio for new buildings, and Special Use Provision 128R which prohibits uses including: health office, private clubs, funeral homes, financial establishments, medical laboratories and residential care facilities. The applicant is requesting a minor variance to allow an additional 26 m2 of office space without providing the required parking. Currently, the building contains 89m2 of office space. There are currently two offices located in the building. Should the application be approved, the owner would move his office to the basement where a COMMITTEE OF ADJUSTMENT 218 SEPTEMBER 1$, 2007 1. Submission No.: A 2007-074, tCont'd) third office space would be created. However, while there may be several offices, the parking regulations for office space are based on gross floor area (GFA) at a rate of 1 parking space per 28 m2 of GFA that accommodates the use. Therefore, for 89 m2 of office space 3 parking spaces are currently required by by-law, and with the additional 26 m2 of office space, 4 parking spaces are required. Staff note that there is also 1 dwelling unit in the building that requires 1 parking space. Therefore, 5 parking spaces are required in total, while 4 can be provided. Currently, the property is designated Low Density Commercial Residential in the Central Frederick Secondary Plan. This designation permits both residential and office uses and "encourage(s) the conservation and continuance of the existing character and quality of the area through the long term maintenance and improvement of the existing architecture..." The subject building is a converted single detached dwelling. Planning staff feel that the proposed office conversion is consistent with the intent of the Secondary Plan with regard to conservation and long term maintenance of the existing architecture. Therefore, staff feel that the variance meets the intent of the Official Plan. The intent of the parking regulations in the Zoning By-law are to ensure that there is adequate parking available to meet the needs of the owner, tenants and visitors. Staff feel that the intent of the by-law is maintained because while there may be a deficiency of spaces on-site, there are many transportation and parking alternatives. Planning staff observe that 4 vehicles can legally be accommodated on the site currently; however, the owner has noted that when parked in tandem, an additional 2 spaces can be provided for a total of 6 spaces. Staff do not feel that tandem parking an ideal situation as the spaces are not independently accessible, and certainly cannot be counted in the parking calculation; however the tandem spaces do, and will likely continue to help meet parking needs. At staff's request, the owner has also explored opportunities for off-site parking and has found space available at 257 Frederick Street. These off-site spaces would likely be leased on a monthly basis, but unless the owner enters into an Off-Site Parking Agreement they cannot be counted towards meeting the parking requirement, however staff feel that this would help to meet longer-term parking needs, should they exceed on-site availability. In addition, the subject property is within 200 metres of the City's downtown. Downtown parking requirements for office is 1 space per 69 m2. At this ratio only 2 spaces would be required for the office space. The reason that parking is provided at a lower rate in the downtown is because there are increased levels of walkability and public transit. Planning staff feel that the subject property is located in a pedestrian friendly area and is well served by public transit. Also, there are two large City owned pay-parking lots located within 500 metres or about a 5 minute walk of the subject property. If necessary, these lots could help meet short-term parking needs of clients and visitors to the site. Staff are of the opinion that the variance is minor in nature and is appropriate for future development and use of the lands. Staff feel that Frederick Street is well served by public transit, is pedestrian friendly, and the building is in an accessible location. Because transportation options other than private automobile are available, planning staff feel that permitting additional office space without providing one additional parking space will have a negligible impact on the surrounding neighbourhood. In addition, there are both long-term and short-term off-site parking opportunities available within a few hundred metres. Further, the subject property is located in close proximity to the court house and other government offices and is the ideal location for small scale office space. Based on the foregoing, Planning staff recommend that the application be approved to permit an additional 26 m2 of office space without providing the required parking. COMMITTEE OF ADJUSTMENT 219 SEPTEMBER 1$, 2007 Submission No.: A 2007-074, tCont'd) The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 9, 2007, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Faith Martin and Dave and Sharon Hefer requesting permission to locate a 26 sq.m. (280 sq.ft) office in the basement without providing the required 1 additional off-street parking space, on Part Lots 2 & 3, Plan 424, 245 Frederick Street, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried 2. Submission No.: A 2007-075 Applicant: 1188042 Ontario Ltd. Property Location: 750-760 King Street West Legal Description: Lots 15-21, Registered Plan 413 Appearances: In Support: None Contra: None Written Submissions: None At the request of the applicant's agent, the Committee agreed to defer its consideration of this a pplication to the meeting scheduled for Tuesday October 16, 2007. 3. Submission No.: A 2007-076 Applicant: Dr. Jorin Boeriu Property Location: 866 Frederick Street Legal Description: Part Lot 8, Registered Plan 688 Appearances: In Support: V. Boeriu Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for a personal service use to occupy 48% of the gross floor area of the building rather than the permitted 20%. COMMITTEE OF ADJUSTMENT 220 SEPTEMBER 1$, 2007 3. Submission No.: A 2007-076, tCont'd) The Committee considered the report of Development & Technical Services Department dated September 10, 2007, in which they advise that the subject property is located on the north side of Frederick Street near the intersection of Frederick Street and Avon Road. The property is zoned Community Institutional Zone (I-2) with special provision 93U and is designated as Low Rise Residential in the Municipal Plan. The applicant has recently appeared before the Committee of Adjustment and has received approval for reduced side yard setbacks relating to the expansion of their existing health clinic. The applicant also has received site plan approval and a building permit for the expansion. The applicant is proposing to utilize 48% of the total gross floor area of the building for a hair salon whereas the Zoning By-Law prohibits personal services from exceeding 20% of the total gross floor area. A site inspection was conducted on August 29, 2007. The Low Rise Residential designation is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing. The Community Institutional Zone (I-2) permits personal services within a health clinic to maximum of 20% of gross floor area. The purpose of the limiting personal services regulation is to control the impacts of retail establishments in the Community Institutional Zone. The existing dental office and proposed hair salon would be located in a building which is surrounded by other non- residential uses and is designed for commercial businesses. The property is in close proximity to Victoria Street North, and is zoned Arterial Commercial Zone Six (C-6) which permits a variety of commercial uses including personal services. The hair salon will be operating in close proximity to similar uses within the same building as a dental office. As a result the proposed variance maintains the general intent of the Zoning By-law and the Municipal Plan. The proposed hair salon will be operating within a building used as a health clinic which is surrounded by complimentary land uses. The exterior of the building has already been constructed which should not significantly impact the neighbouring properties and therefore, the effect of the variance is minor. The property at 866 Frederick Street is bordered by commercial properties to the rear and institutional properties on both sides of the development. The building massing has already been addressed through the site plan approval process to ensure that the structure is compatible with the surrounding community. As such, the proposed variance may be considered to be appropriate for the proper development of the area. It is the opinion of staff that the proposed variance meets Municipal Plan policy and Zoning By-Law regulations and is considered to be proper and orderly development. The uses of the property 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. Based on the foregoing, Planning staff recommend that the application be approved. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 9, 2007, advising that they have no concern with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Dr. Jorin Boeriu requesting permission for a personal service use to occupy 48% of the gross floor area of the building rather then the permitted 20%, on Part Lot 8, Registered Plan 688, 866 Frederick Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 221 SEPTEMBER 1$, 2007 3. Submission No.: A 2007-076, tCont'd) 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 4. Submission No.: A 2007-077 Applicant: John Gueuzer Property Location: 8 Tagge Street Legal Description: Lot 34. Registered Plan 1696 Appearances: In Support: J. Gueuzer Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct a detached garage with a height of 7m (22.96') rather than the permitted 5.5m (18.04') to have a set back from the side lot line abutting Tagge Crescent of 4.5m (14.76') rather than the required 6m (19.68'). The Committee considered the report of the Development & Technical Services Department, dated September 7, 2007, in which they advise that the subject property is located on the north-east corner of the intersection of Tagge Street and Tagge Crescent. The zoning is Residential Four (R-4) under By-law 85-1 with a Municipal Plan designation of Low Rise Residential. This is a corner lot which contains a single family with an existing attached garage with access from Tagge Street. The applicant is requesting a minor variance to permit an accessory detached two- storey double-car garage with a setback from a sideyard abutting Tagge Crescent of 4.5 metres rather than the required minimum of 6 metres and a building height of 7 metres rather than the required maximum of 5.5 metres. In regards to the variance staff has considered 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 Zoning By-law. The 6 metre setback is required in order to permit a vehicle to park in front of the garage. However the owner currently has an attached garage which is his main parking area. The proposed detached garage is mainly for storage and he advises that vehicles will generally not park in front of the detached structure. There is still sufficient room for parking of vehicles and the Traffic division has no concerns with the proposed variance. In regards to the height, the intent of the Zoning By-law is to ensure the garages do not have excessively high roof outlines which would dominate the streetscape. The proposed building has a roof that starts less than 3 m from grade and rises to the peak so that only a small portion of the roof will exceed the height restriction. The variance could be considered minor in nature for the following reason. The applicant has stated that he requires this additional garage space in order to park additional vehicles as well as storage space. He states that he does not intend to park vehicles in front of the garage. If used mainly for storage with no parking in front of the garage this use may be considered minor in nature. In regards to the height COMMITTEE OF ADJUSTMENT 222 SEPTEMBER 1$, 2007 4. Submission No.: A 2007-077, tCont'd) variance, as stated above, the roof rises gradually to a peak and it is only a small portion near the peak of the roof that exceeds the height restriction. The variance is appropriate for the development and use of the land for the following reason. The design of detached garage appears to be aesthetically pleasing for the property and the surrounding streetscape. Based on the above comments, Planning staff recommends that the application be approved. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 9, 2007, advising that they have no concern with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of John Gueuzer requesting permission to construct a detached garage with a height of 7m (22.96') rather than the permitted 5.5m (18.04') to have a set back from the side lot line abutting Tagge Crescent of 4.5m (14.76') rather than the required 6m (19.68'), on Lot 34, Registered Plan 1696, 8 Tagge Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2007-032 Applicant: Waterloo North Condominium Corporation No. 165 Property Location: 100 Campbell Ave Legal Description: Parts 1 & 2, Reference Plan 58R-15769 Appearances: In Support: J. Ward Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to provide a sanitary sewer easement to the abutting property from the frontage on Campbell Avenue along the northeasterly side of the property, identified as Parts 1 & 2, Reference Plan 58R-15769. The Committee considered the report of Development & Technical Services, dated September 10, 2007, in which they advise that the subject property is located immediately southwest of Highway 85 at the end of the cul-de-sac on Campbell Avenue and contains acommercial/industrial plaza, comprising 12 condominium units. The property is designated General Industrial in the North Ward Secondary COMMITTEE OF ADJUSTMENT 223 SEPTEMBER 1$, 2007 1. Submission No.: B 2007-032, tCont'd) Plan and is zoned General Industrial (M-2). The owner is requesting consent from the Committee of Adjustment for a sanitary sewer easement in favour of the property to the northwest, addressed as 1254 Union Street (see map above). The easement is proposed to have a maximum width of 6.007 metres and a minimum width of 4.001 along the Highway 85 side of the property extending the entire length of the property. The easement would allow sanitary sewer service to extend from Campbell Avenue, through the subject property, to 1254 Union Street. Engineering Division advises that the City currently has an easement in the same location to access existing infrastructure that crosses Highway 85. Engineering Division has advised that it does not have concerns with another property owner having access rights. It should be noted that consent was previously granted for the same proposal at the Committee of Adjustment meeting of May 9, 2006, subject to certain minor conditions. These conditions were not fulfilled in due time and the approval lapsed. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated September 11, 2007, advising that they have no concern with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Waterloo North Condominium Corporation No. 165 requesting permission to provide a sanitary sewer easement to the abutting property from the frontage on Campbell Avenue along the northeasterly side of the property, on Parts 1 & 2, Reference Plan 58R-15769, 100 Campbell Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the Owner shall make satisfactory arrangement with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvements charges. 2. 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 two full size paper copies of the plan(s). The digital file must be submitted in accordance with 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. COMMITTEE OF ADJUSTMENT 224 SEPTEMBER 1$, 2007 1. Submission No.: B 2007-032, tCont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2009. Carried ADJOURNMENT On motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 18th day of September 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment