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HomeMy WebLinkAboutAdjustment - 2007-12-11COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 11, 2007 MEMBERS PRESENT: Messers D. Cybalski, M. Hiscott, B. McColl, A. Head & Ms. C. Balcerczyk. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic Analyst, Mr. B. Cronkite, Traffic Technologist, Mr. B. Erb, Region of Waterloo Transportation Planner, Ms. D. Gilchrist, Secretary- Treasurer, Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:50 a.m. MINUTES Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the minutes of the regular meeting of the Committee of Adjustment, of November 20, 2007, as mailed to the members, be accepted. Carried APPOINTMENT OF CHAIR AND VICE-CHAIR Moved by Mr. B. McColl Seconded by Mr. C. Balcerczyk That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment for a term to expire November 30, 2008, and Mr. M. Hiscott be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2008. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2007-027 Applicant: Adam & Joan Scott Property Location: 3C - 350 Doon Valley Drive Legal Description: Unit 58, Level 1, Waterloo Standard Condominium Plan No. 369 - and - Submission No.: A 2007-028 Applicant: Janice Penlington Property Location: 5C - 350 Doon Valley Drive Legal Description: Unit 60, Level 1, Waterloo Standard Condominium Plan No. 369 - and - Submission No.: A 2007-029 Applicant: Doug & Ada Craniford Property Location: 10C - 350 Doon Valley Drive Legal Description: Unit 53, Level 1, Waterloo Standard Condominium COMMITTEE OF ADJUSTMENT 273 DECEMBER 11, 2007 -and - Submission No.: A 2007-030 Applicant: Peter & Alice Hambly Property Location: 12C - 350 Doon Valley Drive Legal Description: Unit 55, Level 1, Waterloo Standard Condomini Plan No. 369 Appearances: In Support: None Contra: None Written Submissions: None The Committee considered the report of the Grand River Conservation Authority Resource Planner dated December 6, 2007, in which they advise that at this time, the GRCA requests a deferral for the above noted application. Due to the complexity of the application, GRCA staff are requesting guidance from senior management on how to proceed with the assessment of the applications. At the request of the applicants' agent, dated November 6, 2007, the Committee agreed to defer its consideration of these applications to its meeting scheduled for Tuesday January 15, 2008. 2. Submission No.: A 2007-083 Applicant: Angela & Con Papenhuyzen Property Location: 346 Frederick Street Legal Description: Part Lot 3, Plan 117 The Committee was in receipt of an e-mail from the applicant advising that they have withdrawn this applicati on as they no longer intend to go ahead with their proposed project. 3. Submission No.: A 2007-095 Applicant: John Fody Property Location: 251 Ottawa Street North Legal Description: Part Lot 39. Plan 651 Appearances: In Support: J. Fody Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to provide 4 off- street parking spaces for this multiple dwelling between the fagade and the front lot line, whereas the by-law does not permit parking in front of the building fagade, and permission for vehicles parked in one of these spaces to exit the property in a rearward motion rather than a forward motion. The Committee considered the report of the Development & Technical Services Department, dated November 23, 2007, in which they advise that the subject property is located on Ottawa Street North between the K-W Expressway and Weber Street. The site is presently developed with a four unit multiple dwelling. In 1998 the property was the subject of a zone change to legalize the use of a four unit multiple COMMITTEE OF ADJUSTMENT 274 DECEMBER 11, 2007 3. Submission No.: A 2007-095 tCont'd) dwelling with tandem parking on the existing driveway ahead of the building fagade. This was approved by By-law 98-32. Since that time, the property owner has widened the driveway to accommodate four parking spaces parallel to Ottawa Street. As this change to the parking layout is not in keeping with Special Use Provision 251 U, the owner is applying for a variance to legalize the change to the parking layout on the property. The applicant is requesting a minor variance to allow four parking spaces to be located between the fagade and the street on a driveway widening, whereas the by- law requires the parking spaces be located between the fagade and the street within the existing driveway only and two spaces being arranged in tandem. The applicant has already widened the driveway to accommodate parking to be arranged parallel to the street. However to make the proposed parking layout function property, the driveway would require a further widening into the front yard. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan for the following reasons. The property is designated as Low Rise Residential in the Official Plan and the four unit multiple dwelling is in keeping with this designation as the use of the property is not changing. The variance meets the intent of the Zoning By-law for the following reasons. The by-law requires one parking space to be provided to each dwelling unit and for the parking to function properly. By modifying the parking layout on the site, four individually accessible parking spaces will be provided. This will eliminate the need to traverse vehicles on site. To arrange the parking parallel to the street will provide the opportunity for vehicles to exit the property in a forward motion. This configuration is much safer as vehicles are not forced to back out onto Ottawa Street and is therefore in keeping with the intent of the Zoning By-law. The variance is minor for the following reasons. While staff recognize that tandem parking can be provided on site and was approved as part of the previous zone change, this arrangement is not practical for tenants in a multiple dwelling. The driveway has already been widened in advance of this application to create the four parking spaces parallel to the street. As staff are going to recommend a further minor widening of the driveway, the impact of the change to the site is minor. Coupled with this, staff will be requiring a 3.0 metre landscape buffer to be installed for the full width of the lot with enhanced landscaping in the front yard to further mitigate the impact of the parking area ahead of the building fagade. The variance is appropriate for the development and use of the land for the following reasons. By allowing vehicles to exit the site in a forward motion safety will be significantly increased. Proper development of the parking area and the installation of appropriate landscape material will enhance the appearance of the property and screen the parking area from the street. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, in which they advised that Ottawa Street has an existing road allowance width of 66 feet and a designated road allowance with in the Region's Official Plan of 86 feet. Therefore a 10 foot (86-66=20/2=10) road widening is required from this property. It may not be appropriate to acquire the 10 foot road widening under this application however, if the road widening is acquired under a future application, the 3 metre landscape area will encroach into the future widening and parking space #1 will be setback 0 metres from the future property line. COMMITTEE OF ADJUSTMENT 275 DECEMBER 11, 2007 3. Submission No.: A 2007-095 tCont'd) Mr. Fody addressed the Committee advising that his preference would be to leave the parking situation as it currently exists; as there is plenty of parking and never any complaints. He explained that there is currently a gravel parking lot with an asphalt driveway, cars pull-in parallel and all of them can drive-out in a forward motion. He commented on staff's requested condition for 10 feet of grassed area between the parking lot and the sidewalk, stating that maybe there should be some grass along the sidewalk. In response to questions from the Committee, Mr. Erb advised that the widening of Ottawa Street is not in the Region's current capital forecast. Further, unless there is a full site plan application for this property at this time, the Region will not be able to take this widening until a future development application is submitted. Mr. Fody advised that everything on this property had been approved through the zone change, and then he was told there was a problem. He stated that he wished he could leave things as they are, but if he has to change the parking, he would rather do it at the front of the lot. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of John Fody requesting permission to provide 4off-street parking spaces for this multiple dwelling between the fagade of the building and the front lot line, on a driveway widening rather then on the existing driveway, on Part Lot 39, Plan 651, 251 Ottawa Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall develop the parking area ahead of the building fagade as shown on the site plan submitted with the application. 2. That the owner shall widen the parking area to a maximum width of 12.2 metres for a distance of 10.3 metres as shown on the plan submitted with the application. 3. That the owner shall demarcated four parking spaces on the site at a width of 2.59 metres and a length of 5.5 metres. 4. The owner shall submit a landscape plan for approval by the Supervisor of Site Plan Development. 5. The owner shall install the landscaping as shown on the approved landscape plan by June 1, 2008. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 276 DECEMBER 11, 2007 4. Submission No.: A 2007-096 Applicant: Donna & Matthew Monteyne Property Location: 248 Woolwich Street Legal Description: Part Lot 124, German Company Tract, being Part 1, Reference Plan 58R-10553 & Part 1, Reference Plan 58R-15526 Appearances: In Support: D. & M. Monteyne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to construct an addition on the left side of the existing single family dwelling to have a side yard setback of 3.72m (12.2') rather than the required 7.5m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated November 22, 2007, in which they advise that the subject property is located at 248 Woolwich Street in the Bridgeport North area. The property is located at the future intersection of Falconridge Drive and Woolwich Street. At this time however, the property is still considered to be an internal lot rather than a corner lot. The property is developed with a single detached dwelling, a detached garage structure and a shed. The property is zoned Agricultural (A-1) in the City's Zoning By-law and designated as Low Rise Residential in the Official Plan. The property has legal non-conforming frontage of 34.085 metres on Woolwich Street with a lot area of 4536 square metres. The applicant is requesting a minor variance to construct a dwelling addition having side yard setback of 3.72 metres whereas the A-1 zoning that pertains to the property requires a minimum 7.5 metre side yard setback. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan as the existing designation of Low Rise Residential supports the use of the property for a single detached dwelling. The proposed building addition will also maintain the intent of the Low Rise Residential designation. The variance meets the intent of the Zoning By-law for the following reasons. The existing A-1 zoning of the property requires a side yard setback of 7.5 metres; however, it is anticipated that when the next phases of the Bridgeport North subdivision are developed and the Falconridge Drive extension constructed out to Woolwich Street, that the subject property will be rezoned to a residential category. At that time, the property will become a corner lot and the requirement for a side yard abutting a street for a single detached dwelling would be 4.5 metres. While the variance being requested is a reduction in setback of 3.78 metres under the current A-1 zoning, it would only be a reduction of 0.78 metres if the property were zoned residentially. In either case, staff recognize that the variance meets the intent of the Zoning By-law as the property will not be utilized for any purpose other than a residential use. The variance is minor for the following reasons. As the property is already developed with a single detached dwelling and it is anticipated that it will be rezoned as residential in the future, approving the reduction in side yard setback to 3.72 metres is considered minor. The proposed addition to the dwelling is set back approximately 24 metres from the front property line and will not create a visibility concern either COMMITTEE OF ADJUSTMENT 277 DECEMBER 11, 2007 4. Submission No.: A 2007-096 tCont'd) now or in the future when the property becomes a corner lot. Only a small portion of the proposed addition at the north-west corner of the dwelling would be at the reduced setback of 3.72 metres and from that point back, the setback increases to well beyond 4.5 metres. In the event this property is rezoned as residential the minor reduction in setback would still be considered minor as it would only be for a small portion of the proposed addition. The variance is appropriate for the development and use of the land for the following reasons. Considering the size of the property, the proposed building addition of 97.7 square metres will not be over development of the lands nor will it impede the outdoor amenity area of the lot. As well, the property will ultimately become part of the larger Bridgeport North subdivision and the addition to the existing dwelling will be more in keeping with the nature of the other structures in the area and proposed for the future development areas. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 29, 2007, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Donna and Matthew Monteyne requesting permission to construct an addition on the left side of the existing single family dwelling to have a side yard setback of 3.72m (12.2') rather than the required 7.5m (24.6'), on Part Lot 124, German Company Tract, being Part 1, Reference Plan 58R-10553 & Part 1, Reference Plan 58R-15526, 248 Woolwich 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 5. Submission No.: A 2007- 097 Applicant: J.B. Construction Inc. Property Location: 122 Paige Street Legal Description: Part of Lots 2 & 3, Registered Plan 58M-411, being Part 5 & 6, Reference Plan 58R-15644 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was ad vised that the applicant requests permission to construct a single family dwelling wi th a rear yard of 13m (42.65') rather than the required 15m (49.21'). The Committee considered the report of the Development & Technical Services Department, dated Nove mber 29, 2007, in which they advise that the subject COMMITTEE OF ADJUSTMENT 278 DECEMBER 11, 2007 5. Submission No.: A 2007- 097 tCont'd) property is located on the northeast side of Paige Street and south of Bridge Street East. The zoning is R-4 (Residential Four) Zone with Special Provision 177R under By-law 85-1 and has an Official Plan designation of Low Rise Residential. The applicant is requesting permission to construct a single family dwelling with a rear yard setback of 13 metres rather than the required 15 metres on a lot which abuts an Industrial zone. Regarding the requested variances 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 for the building setback meets the intent of the Zoning By-law, Official Plan and could be considered minor in nature. The intent of the 15 metres (49.2 ft) rearyard setback requirement from an Industrial zone is to ensure that residentially used buildings are located a sufficient distance away from the Industrial zone in order that they will not be negatively impacted by any industrial use. Although the proposed setback is reduced to 13 metres (46.7 ft) there is sufficient setback maintained to buffer the residential building from the industrial lands located at the rear lot line. The variance could be considered appropriate use of the land. As noted above the 13 m rear yard will still maintain a sufficient distance between the residential building and the rear lot line and would not appear to adversely affect the enjoyment of the subject property or neighbouring properties. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, advising that they have no concerns with this application. In response to questions from the Committee, Mr. Haramis advised that the proposed purchaser of this property is aware of this application. The zoning of the property at the rear is Business Park and there are some light industrial uses permitted. The Chair questioned imposing a warning clause, but Ms. vonWesterholt suggested that it wouldn't be necessary. Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the application of J.B. Construction Inc. requesting permission to construct a single family dwelling with a rear yard of 13m (42.65') rather than the required 15m (49.21'), on Part of Lots 2 & 3, Registered Plan 58M-411, being Parts 5 & 6, Reference Plan 58R-15644, 122 Paige Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 279 DECEMBER 11, 2007 Submission No.: A 2007-098 Applicant: 354 King St. North Ltd Property Location: 131 Strange Street Legal Description: Part Lot 493, Plan 375, being Part 3, Reference Plan 58R-2358 Appearances: In Support: M. Dorfman Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to expand a legal non-conforming office use from occupying 2% of the building to occupying 100% of the building. The Committee was in receipt of correspondence from Mr. M. Dorfman of behalf of the applicants requesting an amendment to this application from an existing retail/warehouse legal non-conforming use to a more compatible office use. The Committee considered the report of the Development & Technical Services Department, dated December 3, 2007, in which they advise that the subject property is located on the west side of Strange Street between Glasgow Street and Victoria Street South, just south of the CNR railway corridor. The surrounding area is composed of a mix of uses: primarily industrial uses (e.g., former Uniroyal plant) are located north of the CNR corridor, and commercial, institutional, and low rise residential uses are located to the south. The subject property contains a building used for retail and warehouse purposes which was constructed in approximately 1950 and extended in 1967, 1973, and 1984. The property is designated Low Rise Residential in the Official Plan and is zoned Residential Six Zone (R-6). The R-6 Zone permits a range of low rise residential uses including, duplexes, lodging houses, multiple dwellings, small residential care facilities, single detached, semi-detached, and street townhouse dwellings. A review of the previous zoning indicates that the subject property was zoned LI under By-law 4830 (enacted in 1964), which allowed warehouse use. The LI zone also permitted accessory retail up to 25% of the building's gross floor area. In August 1984, the City approved a site plan for an expansion to the existing warehouse component of the building, which changed the proportions devoted to each use: a reduction of the retail proportion from 73% to 57% and an increase in the warehouse component from 27% to 43%. The City's approval of the addition, which allowed the retail component to exceed the maximum percentage required by the By-law appears to be evidence that the use of the property was legal non-conforming on the day that By-law 4830 was enacted. It is the opinion of staff that this legal non-conforming use persisted until the date of the subject application. Although it is intended that legal non-conforming uses should eventually cease and be replaced with permitted uses, the Planning Act does make provision to allow these uses to be modified under certain circumstances. The Committee of Adjustment may allow a change to a legal non-conforming use if the proposed legal non-conforming use is similar to the existing legal non-conforming use or is more compatible with the permitted uses of the Zoning By-law. The applicant is requesting permission under 45(2)(a)(ii) of the Planning Act to allow the conversion of an existing warehouse/retail legal non-conforming use to a more compatible office use. In this case, staff agrees with the applicant, that the "more compatible" test is more applicable than the "similar to" test. COMMITTEE OF ADJUSTMENT 280 DECEMBER 11, 2007 6. Submission No.: A2007-098 tCont'd) Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(ii) of the Planning Act. The Ontario Municipal Board determined the tests in Harris v. Ottawa (City) Committee of Adjustment, (2002) O.M.B. D. No. 767, to be: 1. Whether the approval of the application is in the public interest, 2. Whether the approval represents good planning, 3. Whether the proposed application creates unacceptable adverse impacts upon the abutting properties, 4. Whether the proposed use is "similar to" (or "more compatible with", as in this case) the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed. In considering the abovementioned tests, Planning staff offers the following comments. The proposed office use may be more appropriate than certain R-6 uses at the proposed location due to compatibility issues between the adjacent residential uses to the south and CNR corridor and heavy industrial use located immediately to the north. The proposed office may even act as a noise and vibration buffer or transitional use between these conflicting uses, lessening the impact on the residential uses. The surrounding neighbourhood appears to be well suited to a mix of uses. The subject property is located within an area that contains an interesting variety of existing uses, including low rise residential, heavy industrial, and institutional uses. In order to ensure that on-site facilities are adequately provided, staff proposes that site plan approval be required as a condition of permission application approval. Site plan approval would ensure that access, parking, landscaping and garbage storage are addressed. Building elevation drawings would be required as part of this process and would ensure that the existing building is reviewed for conformity with the City's Urban Design Guidelines. Staff is of the opinion that if site plan approval is made a condition of permission application approval, that the proposed use would be more compatible with the R-6 permitted uses than the legal non-conforming warehouse/retail use. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, advising that they have no concerns with this application. The Chair questioned whether an Official Plan amendment and zone change wouldn't be more appropriate in this circumstance. Ms. vonWesterholt advised that the Planning Act allows the Committee of Adjustment to consider a change from a legal non-conforming use to a more compatible use; and staff are of the opinion that, in this case, an office use could be considered a more compatible use. Mr. Dorfman addressed the Committee advising that the existing use is legal non- conforming and has existed on this property since the late 1940's to early 1950'2. This building will be converted internally for offices, and there is an offer to purchase the property. He noted that the Planning Act has had a provision in it, since 1952, that says that the use can change to something more compatible with the existing zoning. There are no other variances required, and there are no hazards associated with the proposed use. The outward appearance of the building will improve because windows will be installed. Further, this area is in transition and there are other industrial uses in this area. Mr. Dorfman stated that he supports the staff recommendation, and his opinion that to consider this application is within this Committee's jurisdiction. COMMITTEE OF ADJUSTMENT 281 DECEMBER 11, 2007 6. Submission No.: A2007-098 tCont'd) Respecting traffic to this property, Mr. Dorfman advised that with Kitchener Textiles, there was truck traffic to this property as well as traffic to the retail use. The proposed purchaser is an environmental consultant, which will not generate as much traffic to this site. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of 354 King St. North Ltd. requesting permission to change from an existing legal non-conforming retail/warehouse use to a more compatible office use, on Part Lot 493, Plan 375, being Part 3, Reference Plan 58R-2358, 131 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall obtain approval of a site plan, including but not limited to a requirement for building elevations, landscape plans, and lighting plans, from the City's Supervisor of Site Plan Development It is the opinion of this Committee that: 1. The approval of this application is in the public interest. 2. The approval of this application represents good Planning. 3. The approval of this application does not create unacceptable adverse impacts on abutting properties. 4. The proposed use of this property as an office is more compatible with the uses permitted by the by-law then the purpose for which it was used on the day the by-law was passed. Carried 7. Submission No.: A 2007-099 Applicant: Cook Homes Ltd. Property Location: 12 Holborn Drive Legal Description: Part Lot 11, Plan 1274 Appearances: In Support: J. Passy Contra: None Written Submissions: None The Committee was advised that the applicant requests legalization of a residential building, under construction, having a rear yard of 5.91 m (19.38') rather than the required 7.5m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated November 27, 2007, in which they advise that the subject property is located on the on the Northeast corner of River Road East and Holborn Drive. The applicant has previously received approval from the committee of adjustment in September of 2006, for parking and setback deficiencies including a reduction of the rear yard from 7.5 metres to 6.0 metres. The buildings are currently being constructed and an error in the layout of a building has resulted in a need to further reduce the rear yard setback from the previously approved 6.0 metres to 5.91 metres. COMMITTEE OF ADJUSTMENT 282 DECEMBER 11, 2007 7. Submission No.: A 2007-099 tCont'd The subject property is designated as a Mixed Use Node in the Municipal Plan and Residential Nine Zone (R-9) in Zoning By-law 85-1. The Mixed Use Node policy encourages strong pedestrian linkages with the surrounding residential neighbourhood. The reduced rear yard setback helps to accommodate a development that strengthens pedestrian linkages and encourages a walkable community by bringing more building massing to the street. As a result, the proposed variance meets the intent of the Zoning By-law and Official Plan. The neighbouring property is owned by the City of Kitchener and the there are no structures in the area directly adjacent to the rear property line of 12 Holborn Drive. A further reduction of 0.09 metres to the rear yard setback would be considered a minor and is desirable for the appropriate 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. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Cook Homes Ltd. requesting legalization of a residential building, under construction, having a rear yard of 5.91 m (19.38') rather than the required 7.5m (24.6'), on Part Lot 11, Plan 1274, 12 Holborn Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 8. Submission No.: A 2007-100 Applicant: 48 Walnut Inc. Property Location: 48 Walnut Street Legal Description: Part Lot 487, Plan 378, being Part 2, Reference Plan 58R-12501 Appearances: In Support: C. McNabb Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to reconstruct and extend a dwelling (to be attached to the multi-unit residential building behind it) that was damaged by fire, on a lot having a width of 12.17m (39.92') rather than the required 15m (49.21'). COMMITTEE OF ADJUSTMENT 283 DECEMBER 11, 2007 8. Submission No.: A 2007-100 tCont'd) The Committee considered the report of the Development & Technical Services Department, dated December 3, 2007, in which they advise that the subject property is located on the east side of Walnut between Cherry and Victoria Streets. The zoning is R-6 (Residential Six) Zone under By-law 85-1 and has an Official Plan designation of Low Rise Multiple Residential. The property is developed with one dwelling unit at the front which has been damaged by fire and a separate 4-unit multiple dwelling located towards the rear of the property. The dwelling unit at the front does not meet the current sideyard or front yard setback requirements but is considered to comply because of the Vacuum Clause (Section 5.15.1) in the Zoning Bylaw. The applicant is requesting permission to reconstruct and extend the dwelling (to be attached to the existing 4-unit multi-residential building located behind it) that was damaged by fire, on a lot having a width of 12.17 m (39.92 ft) rather than the required 15 m (34.44 ft). Regarding the requested variances 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 dwelling unit which has received damage as the result of a fire has existed since the 1920's. The dwelling can be reconstructed on the original footprint without variance approval. However the addition of the second floor connection between the dwelling at the front and the multiple dwelling at the rear of the property requires variance approval as the lot width of 12.1 metres does not meet the current minimum of 15 metres. The second floor addition will meet the setback requirements and provide more living space for the dwelling unit at the front of the lot. The variance could be considered minor in nature for the following reason. The additional floor area will be on the second floor only and will meet the setback requirements. It will not expand beyond the width of the existing building and is no more onerous than what currently exists. The variance could be considered appropriate use of the land. The use of the property will continue to be the same (5 dwelling units total) and the addition will not be visible from the street therefore not impacting the streetscape. It is noted that there is an existing site plan on file, SP 03/20/W/SL, and that the site plan should be revised to show the proposed addition. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, advising that they have no concerns with this application. Mr. McNabb advised that there was a fire which caused significant damage to the building. They want to reinstate the dwelling unit that was there plus an additional storey. They will also be improving the appearance of the building by removing 2 porches. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 48 Walnut Inc. requesting permission to reconstruct and extend a dwelling, to be attached to the multi-unit residential building behind it, on a lot having a width of 12.17m (39.92') rather than the required 15m (49.21'), on Part Lot 487, Plan 378, being Part 2, Reference Plan 58R-12501, 48 Walnut Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 284 DECEMBER 11, 2007 8. Submission No.: A 2007-100 tCont'd) 1. The owner shall obtain approval of a revision to the existing Site Plan for the property. 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 12. Submission No.: A 2007-101 Applicant: Sorin Boeriu Property Location: 2269 Hidden Valley Crescent Legal Description: Lot 3, Registered Plan 1740 Appearances: In Support: None Contra: P. Kruse Written Submissions: None As no one appeared in support of this application, the Committee and the opposition agreed to defer its consideration of the application to its meeting scheduled for Tuesday January 15, 2008. CONSENT 1. Submission Nos.: B 2007-038 Applicant: John Richard Krauleidis Property Location: 791 & 793 Stirling Avenue South Legal Description: Part Lot 12, Plan 785 Appearances: In Support: D. Smith Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever these 2 semi-detached dwelling units so that each may be owned separately. Each property will have a lot width of 7.62m (25'), a depth of 40.234m (132'), and an area of 306.6 sq. m. (3300.32 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated November 26, 2007, in which they advise that the subject property is located on the east side of Stirling Avenue South, just south of Southmoor Drive. The property consists of asemi-detached dwelling that was built in the 1960s. The subject property is designated as Low Rise Residential in the Municipal Plan and zoned Residential Six (R-6). COMMITTEE OF ADJUSTMENT 285 DECEMBER 11, 2007 1. Submission Nos.: B 2007-038 tCont'd) The applicant is requesting a consent to sever the subject property in half to separate the ownership of the two semi-detached houses. The purpose and effect of this application involves a correction of title. 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. Both lots would meet the zoning requirements of the R-6 zone. Planning staff note that the zoning by-law defines asemi-detached dwelling 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." In addition, the dimensions and shapes of the proposed lots are appropriate and suitable for the use of the properties as semi-detached houses, 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 with the lot sizes in the surrounding area, of which there is a mix of single detached, semi-detached, duplex and townhouse dwellings. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services, dated November 30, 2007, in which they advise that they have no objection to this application. The Committee discussed the imposition of a condition requiring the payment of 5% cash in lieu of parkland dedication for the severed land, which is a standard City requirement. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of John Richard Krauleidis requesting permission to sever a parcel of land having a width of 7.62m (25'), a depth of 40.234m (132'), and an area of 306.6 sq. m. (3300.32 sq. ft.), on Part Lot 12, Plan 785, 793 Stirling Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Director of Engineering for the installation of sewer and water connections and storm sewer for both the severed and retained lands. 4. That the owner shall make arrangements satisfactory to the City's Director of Engineering for the installation of the boulevard landscaping, including street trees and paved driveways ramps for both the severed and retained lands. 5. The owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. COMMITTEE OF ADJUSTMENT 286 DECEMBER 11, 2007 1. Submission Nos.: B 2007-038 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 December 11, 2009. 2. Submission No.: B 2007-040 Applicant: Laurie McKenna Property Location: 113 Florence Avenue Legal Description: Lot 50 and Part Lot 49, Plan 308 Appearances: In Support: B. O'Neil Contra: None Written Submissions: None The Committee was advised that the applicant proposes to construct an addition to the right side of the existing dwelling to create asemi-detached dwelling. Through this application the applicant requests permission to sever the property so that each semi-detached dwelling unit may be owned separately. The land to be severed will have a width on Florence Avenue of 7.56m (24.8'), a depth of 36.576m (120') and an area of 278.8 sq. m. (3001 sq.ft.) and will contain the new dwelling unit. The retained land will have a width on Florence Avenue of 15.3m (50.19'), a depth of 35.576m (120') and an area of 557.3 sq.m. (5998.92 sq. ft.) which will contain the existing dwelling. The Committee considered the report of the Development & Technical Services Department, dated November 30, 2007, in which they advise that the subject property is located at 113 Florence Avenue. The property currently contains a single detached dwelling with a detached garage. The lands are designated Low Rise Residential and are zoned Residential Four Zone (R-4). A site visit was completed on November 20, 2007. The applicant is requesting consent to sever a lot having a frontage of 7.56 metres on Florence Avenue to allow for the construction of asemi-detached house (i.e. an addition will be added to the existing single detached dwelling which will create a shared wall and will result in asemi-detached dwelling). The applicant is also requesting two easements as shown on the severance sketch and as requested by separate letter. As such, Planning staff recommend that as the application be amended to include the proposed easements for maintenance purposes. These are required as the common wall of the semi-detached dwelling does not extend the full depth of the two houses. The maintenance easements will allow the owners to enter COMMITTEE OF ADJUSTMENT 287 DECEMBER 11, 2007 2. Submission No.: B 2007-040 tCont'd) neighbouring lands so that the exterior portion of the shared wall having a zero lot line can be maintained. The owners of both the lands to be severed and lands to be retained are also required to enter into a Maintenance Easement Agreement. Staff note that the easement on the lands to be retained extends through the existing roofed porch, which is not desirable. Therefore, staff recommend that the easement on the Draft Reference Plan be revised so that the easement does not extend into the roofed porch. With regard to the proposed severance, the existing R-4 zone permits semi-detached dwellings, and both the lot to be severed and the lot to be retained will meet the minimum zoning by-law requirements. Furthermore, both the proposed and existing structures, as shown on the severance sketch, meet the required setback regulations. Staff feel that this is a fairly diverse neighbourhood and that a semi- detached dwelling would be appropriate. It is also noted that the existing driveway must be narrowed and the garage will need to be removed to accommodate the proposed addition. A demolition permit will be required from the building department for the removal of the garage. In addition, a new driveway will be necessary for the lands to be retained, and the existing driveway should be narrowed as shown on the severance sketch. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff are satisfied that the creation of the severed lot is desirable and appropriate. The configuration of the severed lands can be considered appropriate for the development of the uses permitted in the zoning and any future development should be compatible with the neighbourhood. Therefore the consent is not considered to be premature or pre-determining the outcome of future planning processes. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services, dated November 30, 2007, in which they advise that they have no objection to this application. The Committee agreed to consider amendments to this application, as requested by staff, for maintenance easements. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Laurie McKenna requesting permission to sever a parcel of land to have a width on Florence Avenue of 7.56m (24.8'), a depth of 36.576m (120') and an area of 278.8 sq. m. (3001 sq. ft.), subject to and together with maintenance easements as required by the zoning by-law, on Part Lot 50, Plan 308, 113 Florence Ave, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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 for each as required in the zoning by-law. 2. The owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 3. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 288 DECEMBER 11, 2007 2. Submission No.: B 2007-040 tCont'd) 4. The owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 5. That the owner shall apply to the Building Division to cancel Building Permit Application 07108923 and shall apply for and receive approval of permit to construct asemi-detached house and to demolish the existing garage. 6. The owner shall make arrangements satisfactory of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 7. That the owner shall make arrangements satisfactory of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees and paved driveway ramps, on both the lands to be severed and retained. 8. That the owner shall make arrangements, financial or otherwise, to the satisfaction of the City's Engineering Services for the installation or relocation of any street furniture required as a result of new driveway accesses. 9. That the owners of the severed and retained lands shall enter into a joint maintenance agreement, to be approved by the City Solicitor, and registered against title of both the severed and retained lands, to ensure that maintenance easements are maintained in perpetuity. 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 December 11, 2009. Carried 3. Submission No.: Applicant: Property Location: Legal Description: B 2007-041 Valley View Heights (St Jacobs) Ltd. 201 Sims Estate Drive Part Block 70, Registered Plan 58M-387 Appearances: In Support: J. Passy Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 289 DECEMBER 11, 2007 3. Submission No.: B 2007-041 tCont'd The Committee was advised that the applicant requests permission to sever a parcel of land having a width on Sims Estate Drive of 0.65m (2.13'), a depth of 30.032m (98.53') and an area of 19 sq. m. (204.52 sq. ft.) to be conveyed as a lot addition to 205 Sims Estate Drive. The retained land will have a width on Sims Estate Drive of 7.554m (24.78'), a depth of 30.045m (98.57') and an area of 239 sq. m. (2572.65 sq. ft.), to be developed with a single family dwelling. The Committee considered the report of the Development & Technical Services Department, dated November 30, 2007, in which they advise that the subject property is located on the northwest corner of Sims Estate Drive and Waterbend Crescent, just north of Chicopee Park. The property is currently vacant, and lies directly to the east of a Draft Plan of Subdivision (30T-03201). The parcel is currently zoned Residential Three (R-3) with Special Regulation 175R and is designated as Low Rise Residential in the Municipal Plan. The property is also designated as Low Density Residential in the Grand River South Community Plan. The applicant is proposing to sever a small portion of the property with a width of 0.65 metres and an area of 19.0 square metres for a lot addition to be added to the adjacent parcel to the east, also owned by Valley View Heights (St. Jacobs) Ltd. The resulting merged parcel will have a width of 15.85 metres and an area of 507.15 square metres, while the retained parcel will have a width of 7.554 metres and an area of 239.0 square metres. The applicant has stated that the retained parcel is to be added to an adjacent lot to the west that would be created following the registration of Draft Plan of Subdivision (30T-03201). As a result, no new lots would be created by this application, but in fact three lots (two of which are currently undersized) would be consolidated into two lots that would meet the applicable zoning requirements. With respect to the application for consent, the criteria for the subdivision of land are listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Staff are satisfied that the resulting lot configuration would be desirable and appropriate given that this application would create two developable lots, rather than three lots that do not all meet the zoning requirements. Although this application could be seen as premature considering that the adjacent plan of subdivision has not yet been registered, staff feel that it would be reasonable to require such registration as a condition of provisional consent. The resulting lot configuration would conform to the Low Density Residential designation, as well as the City of Kitchener Zoning By-law. Similarly, this consent would result in a more suitable lot configuration. Both lots are in an area that can be adequately serviced through the provision of utilities and municipal services. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services, dated November 30, 2007, in which they advise that they have no objection to this application. Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of Valley View Heights (St Jacobs) Ltd. requesting permission to sever a parcel of land having a width on Sims Estate Drive of 0.65m (2.13'), a depth of 30.032m (98.53') and an area of 19 sq. m. (204.52 sq. ft.) to be conveyed as a lot addition to 205 Sims Estate Drive, on Part Block 70, Registered Plan 58M-387, 201 Sims Estate Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 290 DECEMBER 11, 2007 3. Submission No.: B 2007-041 tCont'd) 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the lands to be severed in this application shall be added to the abutting lands legally described as Lot 59, Registered Plan 58M-387, municipally known as 205 Sims Estate Drive, and that the title be taken into identical ownership as the abutting lands with any subsequent conveyance or transaction of the parcel to be severed complying with Sections 50(3) and/or(5) of the Planning Act, R.S.O. 1990, c.P.13, as amended. 4. That Plan of Subdivision 30T-03201 shall be approved and registered and satisfactory arrangements shall be made for the retained parcel to be added to Block 93 of Draft Plan 30T-03201. 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 December 11, 2009. Carried 4. Submission Nos.: B 2007-042 - B 2007-063 Applicant: Hallman Construction Ltd Property Location: 350-382 Zeller Drive 1204-1286 Old Zeller Drive 2 Valebrook Street Legal Description: Parts of Blocks 12, 18, 19, 20 & 21, Registered Plan 58M-364, and Parts of Lot 119, German Company Tract (Parts of Old Zeller Drive), Parts 28-43, 55-59, 130-156, Reference Plan 58R-15709 Appearances: In Support: N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever 22 lots for residential development as follows: COMMITTEE OF ADJUSTMENT 291 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) B 2007-042 - 350 Zeller Drive Width - 12m (39.37') Depth - 35.2m (115.48') Area - 465 sq. m. (5,005.38 sq. ft.) B 2007-043 - 354 Zeller Drive Width - 12.3m (40.35') Depth - 36.6m (120.07') Area - 481 sq. m. (5,177.61 sq. ft.) B 2007-044 - 358 Zeller Drive Width - 12.6m (41.33') Depth - 38.6m (126.64') Area - 472 sq. m. (5,080.73 sq. ft.) B 2007-045 - 362 Zeller Drive Width - 12.1 m (39.69') Depth - 42m (137.79') Area - 547 sq. m. (5,888.05 sq. ft.) B 2007-046 - 366 Zeller Drive Width - 12.1 m (39.69') Depth - 46.6m (152.88') Area - 607 sq. m. (6,533.9 sq. ft.) B 2007-047 - 370 Zeller Drive Width - 12.1 m (39.69') Depth - 53.1 m (174.21') Area - 693 sq. m. (7,459.63 sq. ft.) B 2007-048 - 374 Zeller Drive Width - 12m (39.37') Depth - 53.1 m (174.21') on the left side & 38m (124.67') on the right side Area - 644 sq. m. (6,932.18 sq. ft.) B 2007-049 - 378 Zeller Drive Width - 12.3m (40.35') Depth - 34.2m (112.2') Area - 465 sq. m. (5,005.38 sq. ft.) B 2007-050 - 382 Zeller Drive Width along Zeller Drive - 9,5m (31.16') Depth along Old Zeller Drive - 27m (88.58') Area - 611 sq. m. (6,576.96 sq. ft.) B 2007-051 -1204 Old Zeller Drive Width - 7.2m (23.62') Depth - 49.3m (161.74') Area - 855 sq. m. (9,203.44 sq. ft.) B 2007-052 -1208 Old Zeller Drive Width - 8.9m (29.19') Depth - 43.3 m (142.38') Area - 509 sq. m. (5,379 sq. ft.) B 2007-053 -1212 Old Zeller Drive Width - 8.9m (29.19') Depth - 38.8m (127.29') Area - 440 sq. m. (4,736.27 sq. ft.) COMMITTEE OF ADJUSTMENT 292 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) B 2007-054 -1216 Old Zeller Drive Width - 8.9m (29.19') Depth - 35.6m (116.79') Area - 392 sq. m. (4,219.59 sq. ft.) B 2007-055 -1220 Old Zeller Drive Width - 8.9m (29.19') Depth - 33.5 m (109.9') Area - 360 sq. m. (3,875.13 sq. ft.) B 2007-056 -1224 Old Zeller Drive Width - 8.7m (28.54') Depth - 32.5m (106.62') Area - 354 sq. m. (3,810.54 sq. ft.) B 2007-057 -1228 Old Zeller Drive Width - 11.3m (37.07') Depth - 32.5m (106.62') Area - 338 sq. m. (3,638.32 sq. ft.) B 2007-058 -Old Zeller Drive Width - 1.1m (3.6') Depth - 29m (95.14') Area - 31.91 sq. m. (343.48') To be conveyed as a lot addition to the abutting lot. B 2007-059 - 2 Valebrook Street Width on Valebrook Street - 18.4m (60.36') around the curve in the road Depth on Old Zeller Drive - 25.5m (83.66') Area - 499 sq. m. (5,371.36 sq. ft.) B 2007-060 -1274 Old Zeller Drive Width - 8.6m (28.21') Depth - 35.2m (115.48') Area - 341 sq. m. (3,670.61 sq. ft.) B 2007-061 -1278 Old Zeller Drive Width - 9.1 m (29.85') Depth - 35.7m (117.12') Area - 318 sq. m. (3,423.03 sq. ft.) B 2007-062 -1282 Old Zeller Drive Width - 8.7m (28.54') Depth - 35.6m (116.79') Area - 348 sq. m. (3,745.96 sq. ft.) B 2007-063 -1289 Old Zeller Drive Width - 8.6m (28.21') Depth - 35.6m (116.79') Area - 363 sq. m. (3,907.42 sq. ft.) The retained land in Submission No.'s B 2007-042 to B 2007-058 is to the left of 350 Zeller Drive and it has a width of 3.9m (12.79'), a depth of 34.3m (112.53') an area of 163.91 sq. m. (1,775.13 sq. ft.) and will be added to the abutting land. The retained land in Submission No.'s B 2007-059 to B 2007-063 has frontage of 20m (65.61') on Valebrook Street, a depth of 36.2m (118.76') and an area of 716 sq. m. (7,707.21 sq. ft.) and is intended for future residential development. COMMITTEE OF ADJUSTMENT 293 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) The Committee was in receipt of a revised Consent Plan requesting an amendment to Submission No. B 2007-058 to include Part 44 on the reference plan, so that together Parts 150 & 44 will become 1 severed lot. This new lot will have a width on Zeller Drive of 9.5m (31.16'), a depth of 32.5m (106.62'), and an area of 308.75 sq. m. (3,323.46 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated November 20, 2007, in which they advise that the subject property located on Zeller Drive, Old Zeller Drive and Valebrook Street. All lands are presently vacant and are proposed to be developed with single detached dwellings. The lands are zoned Residential Three (R-3) with Special Regulation 326R and Residential Four (R-4) with Special Regulation 327R, both of which support the residential development proposed. The lots are proposed to be created through consent rather than through Part Lot Control as a portion of the lands are not in a registered plan of subdivision and a portion of the road required a renaming by-law. The lands not contained in a registered plan of subdivision were a previous road allowance which has since been closed by way of a By-law and the lands conveyed to the applicant and the road renaming by-law has also been passed. The applicant has submitted consent for lot additions in order to consolidate land to create 22 lots that have frontage on a public street. The original plan of subdivision required the realignment of a portion of Zeller Drive which entailed the closure and conveyance of portions of the existing road allowance to the applicant. Consolidation of the parts as shown on the revised plan submitted with the application will result in 22 lots that are in conformity with the Zoning By-law and will all have frontage on a public street. 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 Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands. The proposed lots will have frontage on a public street, and all parcels of land have access to municipal services. The resultant lots will be compatible in size with the surrounding low density residential development. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services, dated November 30, 2007, in which they advise that they have no objection to these applications, provided that the owner undertake a noise study with respect to traffic noise levels along Zeller Drive/Old Zeller Drive, and enters into an agreement, if necessary to implement noise attenuation measures. Submission No. B 2007-042 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.161 m (39.89'), by a depth of 35.053m (115') and an area of approximately 465 sq. m. (5,005.38 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 28 & 130, Reference Plan 58R-15709, 350 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 294 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-042 tCont'd) 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 6. That the land to be retained in this application, Part Block 21, Registered Plan 58M-364, being Part 128, Reference Plan 58R-15709, shall be added to the abutting land, and title shall be taken in identical ownership as the abutting land, and Subsections 50 (3) and/or (5) shall apply to all subsequent conveyances or transactions involving this parcel of land. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2009. Submission No. B 2007-043 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.3m (40.35'), by a depth of 36.6m (120.07') and an area of 481 sq. m. (5,177.61 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract(Part of Zeller Drive), being Parts 29 & 131, Reference Plan 58R-15709, 354 Zeller Drive, Kitchener, Ontario, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 295 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-043 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-044 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.6m (41.33'), by a depth of 38.6m (126.64') and an area of 472 sq. m. (5,080.73 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract(Part of Zeller Drive), being Parts 30 & 132, Reference Plan 58R-15709, 358 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 296 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-044 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-045 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.1 m (39.69'), by a depth of 42m (137.79') and an area of 547 sq. m. (5,888.05 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract(Part of Zeller Drive), being Parts 31 & 133, Reference Plan 58R-15709, 362 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 297 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-045 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-046 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.1 m (39.69'), by a depth - 46.6m (152.88') and an area of 607 sq. m. (6,533.9 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract(Part of Zeller Drive), being Parts 32 & 134, Reference Plan 58R-15709, 366 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 298 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-046 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-047 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.1 m (39.69'), by a depth of 53.1 m (174.21') and an area of 693 sq. m. (7,459.63 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 33 & 135, Reference Plan 58R-15709, 370 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 299 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-047 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-048 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12m (39.37'), by a depth of 53.1 m (174.21') on the left side & 38m (124.67') on the right side and an area of 644 sq. m. (6,932.18 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 34 & 136, Reference Plan 58R-15709, 374 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 300 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-048 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-049 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Zeller Drive of 12.3m (40.35'), by a depth of 34.2m (112.2') and a area of 465 sq. m. (5,005.38 sq. ft.), on Part Block 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 35, 137 & 147, Reference Plan 58R-15709, 378 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 301 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-049 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-050 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width along Zeller Drive of 9.5m (31.16'), by a depth of 27m (88.58') along Old Zeller Drive and an area of 611 sq. m. (6,576.96 sq. ft.), on Part of Blocks 20 & 21, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 36, 138 & 146, Reference Plan 58R-15709, 382 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 302 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-050 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-051 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 7.2m (23.62'), by a depth of 49.3m (161.74') and an area of 855 sq. m. (9,203.44 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 37 & 139, Reference Plan 58R-15709, 1204 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 303 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-051 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-052 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.9m (29.19'), by a depth of 43.3 m (142.38') and an area of 509 sq. m. (5,379 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 38 & 140, Reference Plan 58R-15709, 1208 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 304 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-052 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-053 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.9m (29.19'), by a depth of 38.8m (127.29') and an area of 440 sq. m. (4,736.27 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 39 & 141, Reference Plan 58R-15709, 1212 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 305 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-053 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-054 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.9m (29.19'), by a depth of 35.6m (116.79') and an area of 392 sq. m. (4,219.59 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 40 & 142, Reference Plan 58R-15709, 1216 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 306 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-054 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-055 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.9m (29.19'), by a depth of 33.5 m (109.9') and an area of 360 sq. m. (3,875.13 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 41 & 143, Reference Plan 58R-15709, 1220 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 307 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-055 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-056 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.7m (28.54'), by a depth of 32.5m (106.62') and an area of 354 sq. m. (3,810.54 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 42 & 144, Reference Plan 58R-15709, 1224 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 308 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-056 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-057 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 11.3m (37.07'), by a depth of 32.5m (106.62') and an area of 338 sq. m. (3,638.32 sq. ft.), on Part Block 19, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 43 & 145, Reference Plan 58R-15709, 1228 Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 309 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-057 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-058 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive 9.5 m (31.16"), by a depth of 32.5m (106.62") and an area of 308.75 sq. m. (3,323.46sq. ft.), on Part Blocks 12 & 19, Registered Plan 58M-364, being Parts 44 & 150, Reference Plan 58R-15709, Old Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 310 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-058 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-059 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Valebrook Street of15m (49.21'), by a depth on Old Zeller Drive of 26m (85.3') and an area of approximately 499 sq. m. (5,371.36 sq. ft.), on Part Block 11, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 55 & 151, Reference Plan 58R-15709, 2 Valebrook Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 311 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-059 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-060 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.6m (28.21'), by a depth of 35.2m (115.48') and an area of 341 sq. m. (3,670.61 sq. ft.), on Part Block 18, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 56 & 153, Reference Plan 58R-15709, 1274 Old Zeller Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 312 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-060 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-061 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 9.1 m (29.85'), by a depth of 35.7m (117.12') and an area of 318 sq. m. (3,423.03 sq. ft.), on Part Block 18, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 57 & 154, Reference Plan 58R-15709, 1278 Old Zeller Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 313 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-061 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-062 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.7m (28.54'), by a depth of 35.6m (116.79') and an area of 348 sq. m. (3,745.96 sq. ft.), on Part Block 18, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 58 & 155, Reference Plan 58R-15709, 1282 Old Zeller Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 314 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-062 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Submission No. B 2007-063 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Hallman Construction Ltd. requesting permission to sever a parcel of land to have a width on Old Zeller Drive of 8.6m (28.21'), by a depth of 35.6m (116.79') and an area of 363 sq. m. (3,907.42 sq. ft.), on Part Block 18, Registered Plan 58M-364 and Part Lot 119, German Company Tract (Part of Zeller Drive), being Parts 59 & 156, Reference Plan 58R-15709, 1286 Old Zeller Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 315 DECEMBER 11, 2007 4. Submission Nos.: B 2007-042 - B 2007-063 tCont'd) Submission No. B 2007-063 tCont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels along Zeller Drive/Old Zeller Drive; and if necessary, shall enter into a development agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 December 11, 2009. Carried COMBINED APPLICATIONS 1. Submission Nos.: A 2007-102 & B 2007-064 Applicant: Paulo Mendes & Maria Jose Mendes Property Location: 207 & 209 Kent Avenue Legal Description: Part Lot 10, Plan 404 Appearances: In Support: P. Mendes & M. Jose Mendes COMMITTEE OF ADJUSTMENT 316 DECEMBER 11, 2007 1. Submission Nos.: A 2007-102 & B 2007-064 tCont'd) Contra: None Written Submissions: None The Committee was advised that the through Submission No. B 2007-064, the applicant to sever 209 Kent Avenue from 207 Kent Avenue. The severed lands will have a width on Kent Avenue of 12.597m (41.32'), a depth along Courtland Avenue of 32.053 m (105.16') and an area of 399 sq. m. (4,294.94 sq. ft.). The property will continue to be used as a duplex. The retained land will have a width on Kent Avenue of 12.597m (41.32'), a depth of 32.053m (105.16') and an area of 399 sq. m. (4,294.94 sq. ft.). This property will continue to be used as a single family dwelling. The Committee was also advised that through Submission No. A 2007-102 the applicant requests permission for the following variances for 209 Kent Avenue: a lot having a width of 12.597m (41.32') rather than the requiredl5m (49.21'), a side yard abutting Courtland Avenue for the existing duplex of 2.12m (6.95') rather than the required 4.5m (14.76'), a setback from Courtland Avenue for the existing detached garage of 5.15m (16.89') rather than the required 6m (19.68'), and a rear yard on the existing detached garage of 0.21 m (0.68') rather than the required O.cm (1.96.). The Committee considered the report of the Development & Technical Services Department, dated November 26, 2007, in which they advise that the subject property is located on the southeast corner of Kent Avenue and Courtland Avenue East. The property consists of a single detached dwelling, a duplex and an accessory garage. The parcel is currently zoned Residential Five (R-5) with Special Regulation 1 R and is designated as a Low Rise Conservation in the Municipal Plan. The property also lies within the Grand River Conservation Authority's regulation limit. The applicant is proposing to sever the existing lot in half in order to separate the existing single family dwelling from the duplex dwelling and garage. The proposed severed parcel has 12.597 metres of frontage on Kent Avenue, an area of 399 square metres and consists of the existing duplex and detached garage. The retained parcel also has 12.597 metres of frontage on Kent Avenue, an area of 399 square metres and consists of the single detached dwelling. The effect of this consent would be to restore the original lot configuration that existed at the time these uses were established. The applicant is also proposing a minor variance to the City of Kitchener Zoning By- law that will address several deficiencies that would come about as a result of the above consent being approved: i) to reduce the minimum required lot width from 15.0 metres to 12.597 metres; ii) to reduce the minimum side yard setback abutting a street for a duplex dwelling from 4.5 metres to 2.12 metres; iii) to reduce the minimum setback between a required parking space and a property line from 6.0 metres to 5.15 metres; and iv) to reduce the minimum rear yard setback for an accessory building from 0.6 metres to 0.21 metres. With respect to the Application for Consent, the criteria for the subdivision of land are listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Staff are satisfied that the creation of both the severed and retained parcels is both desirable and appropriate, given that the proposed lot configuration will be identical to that which existed prior to the properties merging on title. The intent of the Low Rise Conservation designation is to preserve the existing low rise housing stock; the applicant has indicated that it is their intent to retain all structures existing on the property. Planning staff note that any proposed alterations to any structures on the severed parcel would be subject to site plan control. The dimensions and shapes of the proposed lots are appropriate and are consistent with the surrounding residential property fabric, and both lots are currently serviced with independent and adequate connections to municipal services. COMMITTEE OF ADJUSTMENT 317 DECEMBER 11, 2007 1. Submission Nos.: A 2007-102 & B 2007-064 tCont'd) With respect to the application for minor variances listed above, Planning staff have considered the four tests as outlined in Section 45(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended. The proposed consent will recreate a prior lot configuration that was in existence at the time the uses of the properties were established. The properties had merged on title, necessitating the need for the applicants to apply for consent to recreate the previously existing lot line. However, as a result several zoning deficiencies came about, resulting in the need for an Application for Minor Variance as well. Given that there will be no change of use on the subject lands, and that the proposed consent will recreate a prior lot configuration, the proposed variances are minor in nature and are desirable for the appropriate development of the subject lands. The buildings present on the subject lands were constructed prior to the establishment of the current zoning by-law and associated zones and regulations. Given that the uses and buildings on the property existed with the proposed lot configuration prior to the lots merging on title, staff is of the opinion that the general intent and purpose of the zoning by-law is maintained. The Low Rise Conservation designation is intended to protect and retain existing dwellings and maintain the character of a low rise neighbourhood. The proposed minor variances will not result in any alterations to the buildings on the subject property. As such, this application maintains the general intent and purpose of the official plan. The Committee considered the report of the Region of Waterloo Planning Housing & Community Services, dated November 30, 2007, in which they advise that this property is situated within a Sensitivity Wellhead Protection Area, as designated on Map 4 of the Regional Official Policies Plan. The purpose of this mapping and corresponding policies is to protect the Region's long term municipal ground water supplies, and the proposed use is in keeping with the intent of these policies. They also advise that the subject site is located adjacent to lands identified in the Region's Reconnaissance Survey of Potential Contaminated Sources as a potentially contaminated site. Based on the Region's protocol, they are prepared to waive the requirement for a Record of Site Condition for this specific application, as it is the intention of the applicant to continue the uses of this property as a duplex and a single family dwelling but on two distinct lots. Noting that Courtland Avenue is identified in the Regional Official Policies Plan as having a designated road allowance width of 86', and it currently has a width of 60', a 13' road widening is required; also a 25' daylighting triangle is required at the intersection of Courtland Avenue and Kent Avenue. As the full road widening and daylighting triangle would go through existing buildings on the property, the Region advises that and Ontario Land Surveyor will need to determine the extent of the road widening and daylighting triangle that can be conveyed without going through the existing buildings. Further, due to the fact that the Schneider's plant is across Courtland Avenue from the subject property, and its designation as a high potential source of ground water contamination, a Phase 1 and Phase 2 Environmental Assessment for the road widening will be required prior to conveyance to the Region. The last of the Region's requirements for this application is to have the owner enter into an agreement with them to include a noise warning clause in all offers of purchase and sale and/or rental agreements for both the severed and retained land, because of the proximity to Courtland Avenue and the Schneider's plant. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, noting the need for a road widening on Courtland Avenue. COMMITTEE OF ADJUSTMENT 318 DECEMBER 11, 2007 1. Submission Nos.: A 2007-102 & B 2007-064 tCont'd) The Committee considered the report of the Grand River Conservation Authority Resource Planner dated December 4, 2007, advising that they have no concerns with this application; however, they would like it noted that although the lots are located within the flood plain, they are located within the flood fringe portion of the flood plain and they are already developed. Ms. Mendes advised that these properties were constructed in the 1920's and 30's, and they have a problem with the Region's request for a road widening and daylighting triangle, as this would restrict the parking for 209 Kent Avenue. Mr. Erb explained that Courtland Avenue is a Regional road that does require widening. The required road widening would normally be 13' and the daylighting triangle would normally be 25'; however, because of the location of the buildings on this property a lesser widening and daylighting triangle will be taken. He explained there are also environmental concerns because Schneider's is located across the street, and an environmental assessment for the road widening will be required. Ms. Mendes advised that a road widening will eliminate parking. Along the side of the house there are stairs, and after the road widening there would not be enough room to park 2 cars. She also advised that there used to be a store at 209 Kent Avenue, and if the parking is eliminated they would never be able to have a store there again. Following a discussion with staff and the Committee, in which the applicants were advised that the Region has the right to require this road widening and daylighting triangle, Mr. Mendes advised that he is withdrawing these applications. 2. Submission Nos.: A 2007-103 & B 2007-065 Applicant: Edward & Anna Murach Property Location: 105 Breithaupt Street Legal Description: Part of Lot 221, Plan 376 Appearances: In Support: S. Patterson B. Nimer Contra: None Written Submissions: None The Committee was advised that through Submission No. B 2007-065, the applicant requests permission to sever a parcel of land having a width on Duke Street of 13.694m (44.92'), a depth of 28.987m (95.1') and an area of 414.8 sq. m. (4,465.01 sq. ft.). This land is zoned M-2 General Industrial. The retained land at 105 Breithaupt Street will have a width on Breithaupt Street of 30.781 m (100.98'), a depth of 25.897 m (84.96'), and an area of 782.8 sq. m. (8,426.26 sq. ft.). It is intended that the auto repair use will continue on this property. The Committee was further advised that through Submission No. A 2007-103 the applicant requests permission for the following variances for the retained land: a Om setback from Breithaupt Street for the existing building rather than the required 6m (19.68'), a rear yard for the existing building of 0.2m (0.65') rather than the required 7.5m (24.6'), a side yard of 0.02m (0.065') rather than the required 1.2m (3.93'), and permission not to provide a maintenance easement on the severed land at the side of the existing building at 105 Breithaupt Street. The applicant also requests permission for the severed land to have a width of 13.694m (44.92') on Duke Street rather than the required 15m (49.21'). COMMITTEE OF ADJUSTMENT 319 DECEMBER 11, 2007 2. Submission Nos.: A 2007-103 & B 2007-065 tCont'd) The Committee considered the report of the Development & Technical Services Department, dated November 30, 2007, in which they advise that the subject property is located on the southeast corner of Duke Street West and Breithaupt Street. The property consists of an auto repair business. The subject property is designated as General Industrial in the Municipal Plan and zoned General Industrial (M-2). The applicant is requesting consent to sever a portion of the subject lands that is currently separated from and not involved in the operation of the auto repair business. The main building on the subject lands naturally divides the proposed retained parcel from the proposed severed parcel. The proposed severed parcel has 13.694 metres of frontage on Duke Street West, an area of 413.65 square metres and is currently vacant, while the retained parcel has 30.781 metres of frontage, an area of 788.89 square metres and consists of the auto repair shop and associated parking area. The applicant is also proposing several minor variances to the City of Kitchener Zoning By-law should the above consent be approved: i) a front yard of 0 metres for the retained parcel whereas 6.0 metres would normally be required; ii) a rear yard of 0.02 metres for the retained parcel whereas 7.5 metres would normally be required; iii) a right side yard of 0.02 metres for the retained parcel whereas 1.2 metres would normally be required; iv) a lot width of 13.695 metres for the severed parcel whereas 15.0 metres would normally be required; and v) relief from Section 5.20 that requires a maintenance easement. With respect to the Application for Consent, the criteria for the subdivision of land are listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Staff are satisfied that the creation of both the severed and retained parcels is both desirable and appropriate. The retained parcel currently functions as an independent business operation and the existing auto repair structure cuts off the retained lands from the severed lands. Currently, the severed parcel lies vacant as it is not needed for the operation of the business, and is cut off by the building. This application would represent the potential future development of an underutilized parcel of land. Given the size of the severed lands, staff provided the applicant an opportunity to address whether or not this parcel could be considered a viable industrial property. The applicant provided several development concepts, one consisting of a craftsman shop and another consisting of a 1300 square foot office building. Based on the information provided, staff are satisfied that this consent would create a viable industrial parcel in the M-2 zone. With respect to the minor variances listed above, staff have considered the four tests as outlined in Section 45(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended. The existing building on the retained parcel can be viewed as a legal non-complying structure as it was built in the late 1800s, well prior to the establishment of the zoning by-law. With regard to the severed parcel, it is currently vacant and unused as a result of the building on the retained lands acting as a divider between the two portions of the property. Given that this application will result in development potential for a previously vacant and unused parcel of land, the proposed variances are minor in nature and desirable for the appropriate development of the subject lands. With respect to zoning, the intent of the 1.2 metre side yard setback is for access and maintenance purposes. However, given the location and orientation of the existing building, there would be no way for the applicant to gain access legally or maintain a side yard if it were to be required. Further easements would be necessary across the proposed severed lands, reducing the development potential of the parcel. There are also no windows or doors on that side of the building and the materials used for the exterior siding are maintenance-free. There is adequate space on the other side of COMMITTEE OF ADJUSTMENT 320 DECEMBER 11, 2007 2. Submission Nos.: A 2007-103 & B 2007-065 tCont'd) the building to maintain the roof as well. With respect to the other variances requested for the retained lands, they are merely addressing previously existing conditions. Finally, the reduced lot width for the severed parcel can be viewed as minor as the applicant has demonstrated that a viable industrial use could exist on the property. For these reasons, the general intent and purpose of the zoning by-law would be maintained. The General Industrial designation in the Municipal Plan provides for wide variety of industrial uses. The existing auto repair shop is a permitted use as set out in the official plan, and the proposed severed parcel could support a viable general industrial use. Given that the proposed variances are addressing existing conditions and allowing for the potential development of an underutilized industrial parcel, this application would maintain the general intent and purpose of the official plan. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services November 30, 2007, in which they advise that they have no objection to this application. The Committee considered the report of the Region of Waterloo Transportation Planner dated November 29, 2007, advising that they have no concerns with this application. Submission No. B 2007-065 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Edward and Anna Murach requesting permission to sever a parcel of land having a width on Duke Street of 13.694m (44.92'), a depth of 28.987m (95.1') and an area of 414.8 sq. m. (4,465.01 sq. ft.), on Part of Lot 221, Plan 376, 105 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements to the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. The owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall make arrangements satisfactory to the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and/or retained lands. 5. That the owner shall receive final approval of Submission No. A 2007-102. 6. The owner shall pay to the City of Kitchener acash-in-lieu contribution for parkland dedication equal to 2% of the value of the lands to be severed. COMMITTEE OF ADJUSTMENT 321 DECEMBER 11, 2007 2. Submission Nos.: A 2007-103 & B 2007-065 tCont'd) Submission No. B 2007-065 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 December 11, 2009. Submission No. A 2007-103 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Edward and Anna Murach requesting permission for the following variances for the retained land: a Om setback from Breithaupt Street for the existing building rather than the required 6m (19.68'), a rear yard for the existing building of 0.2m (0.65') rather than the required 7.5m (24.6'), a side yard of 0.02m (0.065') rather than the required 1.2m (3.93'), and permission not to provide a maintenance easement on the severed land at the side of the existing building at 105 Breithaupt Street, and the following variance for the severed land: a width of 13.694m (44.92') on Duke Street rather than the required 15m (49.21'), on Part of Lot 221, Plan 376, 105 Breithaupt 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 ADJOURNMENT On motion, the meeting adjourned at 11:16 a.m. Dated at the City of Kitchener this 11th day of December 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment