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HomeMy WebLinkAboutAdjustment - 2008-01-15COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 15, 200$ MEMBERS PRESENT: Messers D. Cybalski, M. Hiscott & B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer, Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:35 a.m. MINUTES Moved by Mr. M. Hiscott Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of December 11, 2007, as mailed to the members, be accepted. Carried UNFINSHED 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 Plan No. 369 - 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 Condominium Plan No. 369 Appearances: In Support: M. Code COMMITTEE OF ADJUSTMENT 2 JANUARY 15, 200$ 1. Submission No.: A 2007-027 - A 2007-030 tCont'd) Contra: None Written Submissions: None At the request of the Grand River Conservation Authority Resource Planner, dated December 6, 2007, the Committee agreed to defer its consideration of these applications to its meeting scheduled for Tuesday February 19, 2008, peremptory. 2. Submission No.: A 2007-084 Applicant: Zbignien & Nikodem Suisarczyk Property Location: 21 Carisbrook Drive Legal Description: Lot 59, German Company Tract, being Part 1, Reference Plan 58R-7276. toaether with a riaht-of-wav Appearances: In Support: Z Suisarczyk Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to expand a legal non-conforming residential use by constructing a rear addition. The Committee considered the report of the Development & Technical Services Department, dated January 4, 2008, in which they advise that in October 2007, the owner applied to the Committee of Adjustment for permission to expand a legal non- conforming residential use by constructing a rear addition to the existing single detached dwelling. At the October 16, 2007 Committee meeting, Mr. Suisarczyk advised the Committee that the rear addition had existed for the last 3 years, but was destroyed by a storm and raccoons. He tore down the addition to its foundation and he started to rebuild it without a building permit or any planning approval. The City issued an order to cease construction when the addition was partially completed. Mr Suisarczyk stated that the addition was built by the previous owner in 1991. City Planning staff advised the Committee that the owner needs to provide documentation as to the existence of the previous addition and its size in order to prove that permission from the Committee was not necessary in order to construct the addition. The Committee ruled that consideration of the application be deferred to allow the owner the opportunity to contact the previous owner and/or his contractor so that they can provide the City with an affidavit as to what was previously built on the site. Since that time, the owner provided an affidavit to City Planning staff from the previous owner, signed by a Notary Public, indicating that the previous addition did exist in the presently proposed scale and dimensions. In addition, the owner provided photographs of the previous addition, which appear to be generally consistent with the proposed addition. Staff is satisfied that the present addition corresponds with the addition that existed previously. Staff, therefore, is of the opinion that permission of the Committee is not required, since the proposal represents the re-building of, rather than the expansion of, a legal non-conforming situation. Based on the foregoing, Planning staff recommends that permission is not required of the Committee of Adjustment in order to construct the proposed addition. The Committee dismissed this application based on the Development & Techinical Services Department report. COMMITTEE OF ADJUSTMENT 3 JANUARY 15, 200$ CONSENT 1. Submission Nos.: B 2006-055 Applicant: Lara & Milan Kovacevic Property Location: 58 Daniel Avenue Legal Description: Part Lot 9, Registered Plan 675 Appearances: In Support: M. Kovacevic Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever a parcel of land for future residential development, to have a width on Daniel Avenue of 36.658m (120.26') by a depth of 30.614m (100.43'), and an area of 1,122.25 sq. m. (12,080.19 sq. ft.). The retained land will contain the existing duplex, and have a width on Daniel Avenue of 19.73m (64.73') a depth of 30.53m (100.16') and an area of 602.36 sq. m. (6,483.96 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated January 4, 2008, in which they advise that the subject property is located at 58 Daniel Avenue, within the Bridgeport Planning Community. The property has a frontage of 56.4 metres on Daniel Avenue and a site area of 1724 sq.m. Sylvia Park abuts the subject property to the west and residential uses abut the property to the north, south, and across the street to the east. The original severance application was deferred by the Committee of Adjustment on November 21, 2006 until such time as a Zone Change was completed to add a Holding Provision to prohibit new development until the necessary traffic improvements are completed in the Bridgeport area. The Zone Change has been approved and the property is now zoned Residential Three Zone (R-3) with Holding Provision 18[H]. The subject property is designated "Low Rise Residential" in the Municipal Plan. Currently, the subject property and the lands in the Bridgeport Community are subject to the Bridgeport North Development Freeze. The applicant is requesting consent to sever the southerly portion of the subject property to create one new lot adjacent to 66 Daniel Avenue. The severed lot would have a street frontage of 36.7 metres on Daniel Avenue and would be 1,122 sq.m. in size. The retained lands would have a street frontage of 19.7 metres on Daniel Ave and would be 602 sq.m. in area and continue to contain the existing dwelling. The subject property is within the Bridge-Lancaster Transportation Study area and is subject to the current development cap for the area, which had been put in place by Regional Council. The applicant has applied to sever the existing duplex lot and create a new lot for future residential development. The Region of Waterloo has agreed to support the severance of the property if a holding provision is placed on the subject area which prevents development until the necessary transportation improvements have been completed. Permission from the Region would be required before the Holding Provision is removed. 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, the lands front on an established public street, and are compatible in size with the lots in the surrounding area. Both parcels will meet zoning requirements and the size of the proposed parcels will be suitable for the uses as permitted by the R-3 zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands and the lands can be serviced with independent and adequate service connections to municipal services. COMMITTEE OF ADJUSTMENT 4 JANUARY 15, 200$ 1. Submission No.: B 2006-055 tCont'd) 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. Moved by Mr. B. McColl Seconded by Mr. M. Hiscott That the application of Lara & Milan Kovacevic requesting permission to sever a parcel of land to have a width on Daniel Avenue of 36.658m (120.26') by a depth of 30.614m (100.43'), and an area of 1,122.25 sq. m. (12,080.19 sq. ft.), on Part Lot 9, Registered Plan 675, 58 Daniel Ave, Kitchener Ontario, BE GRANTED, subject to the following conditions: 1. 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. 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 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. 4. 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. 5. That 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. 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 January 15, 2010. Carried This meeting recessed at 9:40 a.m. and reconvened 10:00 a.m. at with the following members present: Messrs. D. Cybalski, B. McColl & M. Hiscott. COMMITTEE OF ADJUSTMENT 5 JANUARY 15, 200$ NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2008-001 Applicant: Katherina Ortner & Mark Resmer Property Location: 36 Dekay Street Legal Description: Part Lot 19. Plan 428 Appearances: In Support: K. Ortner & M. Resmer Contra: None Written Submissions: None The Committee was advised that the applicant requesting an interpretation that an "Artisan's Establishment" as defined in the zoning by-law, includes artisan chocolate making, so the applicant can conduct such a business as a home business. The Committee considered the report of the Development & Technical Services Department, dated January 7, 2008, in which they advise that the subject property is located on the east side of Dekay Street between Guelph and Shanley Streets. The zoning is R-5 (Residential Five) Zone under By-law 85-1 and has an Official Plan designation of Low Rise Residential. The applicant is requesting permission to extend the definition of "artisan's establishment" to include artisan chocolate making/decorating in order to have a home business at this property. 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 and could be considered minor in nature. The proposed use is for an artisan chocolate making and decorating business to be operated as a home business. Staff is of the opinion that this is similar to other craft/artisan businesses which are permitted in the home, such as the making of small non-food related handcrafts. The proposed business meets other regulations of the Zoning By-law, such as parking and the maximum area for the home business. The applicant is advised that there is no direct retail permitted from the premises and that all sales must be either online or delivered to the consumer. The variance could be considered appropriate use of the land. The business use will operate like other permitted home businesses and this would not appear to any more of an impact on neighbouring properties than an already permitted home business operated by an artist. The applicant is advised that an Occupancy Permit will be required for the Home Business. Based on the above comments, Planning staff recommends that the application be approved provided that no direct retail sales are permitted from the property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 31, 2007, advising that they have no concerns with this application. Mr. Resmer advised the Committee that they would not be selling chocolate from their residence, but would sell from the Kitchener Market and other retail outlets. Only the production will take place at their home. They will not have any employees COMMITTEE OF ADJUSTMENT 6 JANUARY 15, 200$ 1. Submission No.: A 2008-001 tCont'd in their home business, and if their business expands to the point that they need employees, they will move into a retail store. With respect to deliveries to the business, the applicants advised that they will have occasional courier deliveries of the products they import, but they will pick-up most of the materials they require. When questioned by the Committee, Ms. Ortner advised that she will process approximately 20 kg. of chocolate in a month, noting that all of her chocolates will be handmade. Moved by Mr M. Hiscott Seconded by Mr. B. McColl That the application of Katherina Ortner & Mark Resmer requesting requesting an interpretation that an "Artisan's Establishment" as defined in the zoning by-law, includes artisan chocolate making, so the applicant can conduct such a business as a home business, on Part Lot 19, Plan 428, 36 Dekay Street, Kitchener, Ontario, BE APPROVED, with the following condition: 1. There shall no be any direct sales permitted from the property. It is the opinion of this Committee that the use of this property as artisan chocolate making conforms with the use of "Artisan's Establishment" as permitted in the zoning by-law. 2. Submission Nos.: A 2008-002 Applicant: Martha George Property Location: 26 Canters Close Legal Description: Lot 23, Registered Plan 1740 Appearances: In Support: M. & D. George B. Coebsack Contra: M. Pamay B. Coghill Written Submissions: None Carried The Committee was advised that the applicant requesting permission to construct a single family dwelling to have a height of 12.42m (40.7') rather than the permitted 10.5m (34.44'). The Committee considered the report of the Development & Technical Services Department, dated January 3, 2008, in which they advise that the subject property is located on the cul-de-sac bulb of Canters Close in the Hidden Valley neighbourhood. The property is designated Limited Service Residential and is zoned Residential One Zone (R-1 ), with special regulation provision 183R. The applicant is requesting an increase in the maximum building height from 10.5 metres to 12.42 metres, an increase of 1.92 metres, in order to construct a single detached dwelling on the subject property. The proposed dwelling is two stories in height at street elevation and three stories at the rear elevation, with a high roofline. 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. COMMITTEE OF ADJUSTMENT 7 JANUARY 15, 200$ 2. Submission No.: A 2008-002 tCont'd) The variance meets the intent of the Official Plan and Zoning By-law for the following reasons. The proposed variance would allow a single detached dwelling to be constructed at a low overall intensity of use and at a scale appropriate to an area of low rise housing. The proposed dwelling is two stories in height at street elevation and complies with the maximum 3 storey height policy of the Official Plan. The proposed design of the dwelling is compatible with the surrounding neighbourhood and adjacent styles of architecture. The variance is minor for the following reasons. There are no expected adverse impacts related to the proposed variance. The large lot size of the subject property will likely visually disperse much of the massing of the proposed large dwelling. The proposed dwelling and lot size are characteristic of the Hidden Valley neighbourhood. The variance is appropriate for the development and use of the land for the following reasons. The subdivision process which occurred in the early 1990s was intended to allow the development of single detached dwellings such as the subject dwelling. The subject dwelling represents the type of development planned for through the subdivision process that took place in the 1990s. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 31, 2007, advising that they have no concerns with this application. Mr. George advised the Committee that this house will be a full, two storey brick home with brick gables and arches, and they require this proposed height in order to get above the arches. They have paced the distance from the front door of the subject property to the front door of lot 26, across the street, and there is a distance of 95' door to door, which is the length of a football field. He noted that his neighbour on lot 24 has a house with a height of 48' and theirs will be 40'; also, there are approximately 30 homes in the subdivision of a height that exceeds the by-law requirement. Mr. George stated that their lot is just under an acre in area, and is 297' deep, and they will have a front yard set-back of 35'. Messrs. Pamay and Coghill advised that they own property across the street from the subject property, and are concerned because there seems to be a competition in this subdivision as to who can have the highest house. They stated that they do not want to look out onto a wall of brick that would be created if all the houses across from them are higher than the by-law allows. They were also concerned that approval of this application would set a precedent for other homes in the area that may come before this Committee for height variances. Mr. Coghill also advised that the view at the back of their property is of the river and they would have a real concern if those houses were permitted to be higher than the by-law allows. He stated that approval of this variance is not as significant as it would be for other lots in the subdivision. The Committee assured those in attendance that each application that comes before them is decided on its own merits and approval of this application would not set a precedent for other similar applications that may be submitted for other lots in this subdivision. Moved by Mr B. McColl Seconded by Mr. M. Hiscott That the application of Martha George requesting permission to construct a single family dwelling to have a height of 12.42m (40.7') rather than the permitted 10.5m (34.44'), on Lot 23, Registered Plan 1740, 26 Canters Close, Kitchener Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 8 JANUARY 15, 200$ 2. Submission No.: A 2008-002 tCont'd) 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission Nos.: B 2008-001 Applicant: South Kitchener Holdings C\O Trammellcrow Company Property Location: 131 Goodrich Drive Legal Description: Lot 4, Part Lot 3 and Part Lot 10. Plan 1524 and Plan 1522 Appearances: In Support: None Contra: J. Redman Written Submissions: None At the request of the applicants' agent, dated December 21, 2007, and the Region of Waterloo, dated January 11, 2008, the Committee agreed to defer its consideration of these applications to its meeting scheduled for Tuesday March 18, 2008. CHANGE OF CONDITION 1. Submission Nos.: CC 2008-001 Applicant: Waterloo North Condominum Corp # 165 Property Location: 100 Campbell Avenue Legal Description: Parts 1 & 2, 58R-15769 Appearances: In Support: J. Ward Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to change condition #1 of the Committee of Adjustment decision for B 2007-032 to eliminate the requirement to pay all outstanding municipal property taxes and/or local improvement charges for this property. The Committee considered the report of the Development & Technical Services Department, dated December 14, 2007, in which they advise that the subject property was previously considered by the Committee under application B2007-032. The purpose of that application was for an easement in favour of the adjacent property to the west, municipally known as 1254 Union Street. The applicant was proposing to extend sanitary sewer service to the adjacent property. The easement was proposed to have a maximum width of 6.007 metres and a minimum width of 4.001 metres along the length of the northeast property line abutting the Conestoga Parkway (Highway 85). Upon provisional consent being granted for that application, a standard condition (condition 1) was imposed as follows: COMMITTEE OF ADJUSTMENT 9 JANUARY 15, 200$ 2. Submission No.: CC 2008-001 tCont'd) "That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges." The applicant has applied to the Committee to remove this condition. According to information provided by the applicant, the condo corporation on the subject property does not control the payment of property taxes, which are the responsibility of the unit owners. The approved easement is for the benefit of the adjacent property and of no benefit to the owner of the subject property. Further, the location of the easement is on common element portions of the property. Planning staff note that a previous application had been submitted to the Committee (B2006-007) that was granted provisional consent, but due to conditions not being filled approval lapsed. However, for that approval the above condition was not required, and staff have no concerns with the removal of said condition. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 31, 2007, advising that they have no concerns with this application. Moved by Mr M. Hiscott Seconded by Mr. B. McColl That the application of Waterloo North Condominium Corporation #165 requesting a change of conditions for Provisional Consent B 2007-032 to eliminate the requirement to pay all outstanding municipal property taxes and/or local improvement charges for this property, on Parts 1 & 2, Reference Plan 58R-15769, 100 Campbell Avenue, Kitchener, Ontario, BE GRANTED, such that only the following condition shall apply to Submission No. B 2007-032: 1. That the owner shall provide the Secretary-Treasurer of the Committee of Adjustment with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (autodad) or .dgn (microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted in accordance with the City of Kitchener's digital submission standards to the satisfaction of the City's Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. 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 January 15, 2010. Carried COMMITTEE OF ADJUSTMENT 10 JANUARY 15, 200$ ADJOURNMENT On motion, the meeting adjourned at 10:21am. Dated at the City of Kitchener this 15th day of January 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment