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HomeMy WebLinkAboutAdjustment - 2002-06-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 18, 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse and P. Britton. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. B. Sloan, Planner, Mr. R. Parent, Traffic & Parking Analyst and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:30 a.m. Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of May 28, 2002 as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2001-062 Tash Goka/Dianne Koebel 342 Frederick Street Part Lots 2 & 3, Re.qistered Plan 117 The Committee was in receipt of Corporate Services Department report dated June 3, 2002 requesting that Minor Variance Application, Submission No. A 2001-062 be declared redundant and dismissed as the requested variances were incorporated into an amending Zoning By-law No. 2002-82, dated April 22, 2002. The applicants were advised by letter dated June 3, 2002 that the Committee would be asked to consider dismissal of the minor variance application and were invited to attend this meeting if desired. The applicants were not in attendance this date. Moved by Mr. P. Britton Seconded by Mr. P. Kruse That Minor Variance Application, Submission No. A 2001-062, as applied for by Dianne Koebel and Tash Goka for the property known municipally as 342 Frederick Street, Kitchener, Ontario, be declared redundant and BE DISMISSED, as the requested variances have been incorporated into amending Zoning By-law No. 2002-82, dated April 22, 2002. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2002-010 Nurko Sokolovic 727-729 King Street East Lot 5, Re.qistered Plan 634 Appearances: In Support: Mr. Brian Kelly Kelly & Co. 903-50 Queen Street North Kitchener ON N2H 6P4 Mr. Nurko Sokolovic 520 Hallmark Drive Waterloo ON N2K 3P5 COMMITTEE OF ADJUSTMENT 106 JUNE 18, 2002 Submission No.: A2002-010 (Cont'd) Contra: None Public Submissions: In Support: Mr. Brian Kelly Kelly & Co. 903-50 Queen Street North Kitchener ON N2H 6P4 Contra: None This application was originally considered at the January 29, 2002 Committee of Adjustment meeting at which time it was agreed to defer the application to the April 16, 2002 meeting to allow an opportunity for additional information to be provided relative to provision of an off-site parking agreement and information requested by the Committee relative to functionality of the existing business. At the April 16th meeting, this application was deferred again to the meeting this date to allow an opportunity for the off-site parking agreement to be finalized. The Committee was previously advised that the applicant is requesting permission for a reduction in the number of parking spaces required for expansion of an existing restaurant use from 36 parking spaces to 10. This application was amended at the January 29, 2002, and April 16, 2002 Committee o Adjustment meeting to request permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building as restaurant, from 16 parking spaces to 7. The Committee was in receipt this date of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 13, 2002 - opposed; concerns remain the same as outlined in comments dated January 21,2002, as documented in the January 29 minutes; · Traffic & Parking Analyst - June 12, 2002 - opposed; concerns relate to lack of on-street and alternate parking in the area; · Mr. Brian Kelly, Kelly & Co. - June 6, 2002 - in support; revised draft off-site parking agreement; · Legal Services - June 14, 2002 - suggested revisions to the June 6th draft off-site parking agreement. Mr. Brian Kelly advised that his client is seeking a further deferral of this application. He pointed out that a revised draft parking agreement had been forwarded to the Secretary-Treasurer on June 6th for comment and this agreement was subsequently reviewed by staff of Legal Services; however, due to his absence from his work place he was not in receipt of the Legal Services comments until June 14, 2002. He noted that Legal Services made suggestions for changes to the draft and inclusion of a 4th party to the agreement, the mortgagee. In this regard, he requested that the application be further deferred to allow refinement of the agreement as required by Legal Services and to approach the mortgagee for concurrence in being a party to the agreement. Mr. P. Kruse pointed out that this application has been before the Committee a number of times and the only outstanding issue remains the provision of adequate parking. In this regard, he suggested that the Committee consider approval of the application subject to an appropriate agreement. Mr. B. Kelly responded that he would prefer deferral as revisions may involve a 4th party and it would be preferable to have all parties consent to the agreement prior to consideration of the application. In response to questions, Ms. J. Given advised that this application has been ongoing since the Fall of 2000. She pointed out that this is the second application before the Committee with the COMMITTEE OF ADJUSTMENT 107 JUNE 18, 2002 2. Submission No.: A2002-010 (Cont'd) original application having been refused by the Committee, appealed by the applicant to the Ontario Municipal Board (OMB), the appeal allowed conditional on 10 off-site parking spaces being arranged, and failure of the applicant to provide the required parking within the timeframe allotted by the OMB. Ms. Given further advised that finalization of the draft off-site parking agreement will not fully address the concerns of Planning & Traffic staff and will not change staffs position. She suggested that the Committee had sufficient information to deal with the application. Mr. P. Britton commented that he was prepared to support deferral; however, suggested that Mr. Kelly seek professional expertise to provide evidence as to how parking concerns can be dealt with when the application comes back for consideration. The Committee then entered into discussion with respect to an appropriate deferral date. Moved by Mr. P. Britton Seconded by Mr. P. Kruse That Minor Variance Application, Submission No. A 2002-010, as applied for by Nurko Sokolovic for the property at 727-729 King Street East, Kitchener, Ontario, BE DEFERRED PEREMPTORILY, to the September 10, 2002 Committee of Adjustment meeting to provide an opportunity for details of an off-site parking agreement to be finalized. Carried The Committee then recessed the meeting, temporarily, at 9:45 a.m. in order to consider applications for minor variance to the City of Kitchener's Fence By-law. This meeting reconvened at 10:20 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-036 Cornelis & Joanne Oosthoek 38 Hillcrest Lane Lot 14, Re,qistered Plan 1186 Appearances: In Support: Mr. Jim Schinkel 140 Williamsburg Road Kitchener ON N2E 1K7 Mr. & Mrs. Cornelis Oosthoek 38 Hillcrest Lane Kitchener ON N2K 1S8 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to extend the attached double garage 2.43 m (8 ft.) to accommodate renovations to interior living space, having a frontyard setback of 5.21 m (17.1 ft.), rather than the required 6 m (19.68 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 12, 2002 - in support generally as shown on the drawings submitted with the application; COMMITTEE OF ADJUSTMENT 108 JUNE 18, 2002 Submission No.: A2002-036 (Cont'd) · Traffic & Parking Analyst - June 5, 2002 - in support; 5.2 m width for parking space rather than 5.5 m considered minor; · Director of Building - June 13, 2002 - in support, subject to a building permit being obtained prior to construction; The following had no concerns or comments with respect to this application: · Region of Waterloo - June 13, 2002 · Grand River Conservation Authority- June 11,2002. Mr. S. Kay reviewed the comments and enquired if the applicants had anything further to add. Mr. & Mrs. Oosthoek advised that they were in agreement with the recommendations of staff. Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of Cornelis (Keith) & Joanne H. Oosthoek requesting permission to extend the attached double garage 2.43 m (8 ft.) to accommodate renovations to interior living space, having a frontyard setback of 5.21 m (17.1 ft.), rather than the required 6 m (19.68 ft.), on Lot 14, Registered Plan 1186, 38 Hillcrest Lane, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variance as approved in this application shall be generally as shown on the drawings submitted with Minor Variance Application, Submission No. A 2002-036. 2. That the owner shall obtain a building permit prior to construction of the new addition. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2002-037 Jeff Sallans 381 Plains Road Part Lot 8, Beasley's New Survey, designated as Part 2 on Reference Plan 58R-1582 Appearances: In Support: Mr. Jeff Sallans 381 Plains Road Kitchener ON N2G 3W5 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct an accessory building (storage shed), 10.97 m x 8.53 m (36 ft. x 28 ft.) in size, having a westerly COMMITTEE OF ADJUSTMENT 109 JUNE 18, 2002 Submission No.: A2002-037 (Cont'd) sideyard setback of 2.25 m (7.38 ft.), rather than the required 7.5 m (24.6 ft.) and a rearyard setback of 3.8 m (12.46 ft.), rather than the required 10 m (32.8 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 11,2002 - in support; · Director of Building - June 13, 2002 - in support, subject to a building permit being obtained prior to construction; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- June 5, 2002 · Region of Waterloo - June 13, 2002 · Grand River Conservation Authority- June 11,2002. Mr. S. Kay reviewed the comments and enquired if the applicant had anything further to add. Mr. Jeff Sallans advised that he had nothing further to add. Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of Jeff Sallans requesting permission to construct an accessory building (storage shed), 10.97 m x 8.53 m (36 ft. x 28 ft.) in size, having a westerly sideyard setback of 2.25 m (7.38 ft.), rather than the required 7.5 m (24.6 ft.) and a rearyard setback of 3.8 m (12.46 ft.), rather than the required 10 m (32.8 ft.), on Part Lot 8, Beasley's New Survey, designated as Part 2 on Reference Plan 58R-1582, 381 Plains Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances approved in this application shall be generally as shown on the plans submitted with Minor Variance Application, Submission No. A 2002-037. That the owner shall obtain a building permit prior to construction of the accessory building (storage shed). It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2002-038 Voisin Developments Ltd. 1400 & 1450 Ottawa Street South Part Lot 46 & 47, German Company Tract and Block 39, Registered Plan 1758 Appearances: In Support: Mr. Greg Voisin Mr. Frank Voisin Ms. Julie Voisin P.O. Box 2488 640 Trillium Drive Kitchener ON N2H 6M3 COMMITTEE OF ADJUSTMENT 110 JUNE 18, 2002 Submission No.: A2002-038 (Cont'd) Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a commercial campus having a 0 m setback on either side and along the entire length of the hydro corridor abutting the subject lands, rather than the required 7.5 m (24.6 ft.) and a northerly sideyard setback of 4 m (13.12 ft.), rather than the required 14 m (45.93 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 12, 2002 -in support; Kitchener-Wilmot Hydro Inc. - June 12, 2002 - in support, subject to satisfactory arrangements for provision of electrical clearances to the proposed buildings to be constructed with 0 m setback from the hydro corridor; · Ministry of Transportation - June 14, 2002 - in support; The following had no concerns or comments with respect to this application: · Director of Building - June 13, 2002 · Traffic & Parking Analyst - June 5, 2002 · Region of Waterloo - June 13, 2002 · Grand River Conservation Authority - June 11,2002. Mr. Greg Voisin appeared in support of the application and provided a brief overview of the requested variances. He advised that the sideyard setback requested results from a jog in the property line and as it is adjacent to a Provincial right-of-way approval for the setback has been obtained from the Ministry of Transportation. He further advised that this site is being developed as a commercial campus and requires 0 m setback from a hydro right-of-way running through the property. He pointed out that this situation is similar to the existing Fairview Park Mall where a hydro right-of-way runs through the Mall parking lot. Mr. S. Kay referred to the comments of Kitchener-Wilmot Hydro Inc. in which they request that approval be conditional upon satisfactory arrangements being made for provision of electrical clearances to the proposed buildings to be constructed with a 0 m setback from the hydro corridor. Mr. Voisin advised that he had undertaken discussions with staff at Kitchener-Wilmot Hydro Inc. who have indicated that provision of a Letter of Understanding with respect to their request would be sufficient to satisfy this condition. In response to a question from Mr. P. Britton, Ms. J. Given advised that the site plan for this site has not been finalized and accordingly, the request of Kitchener-Wilmot Hydro Inc. can be incorporated within the site plan agreement. Moved by Mr. P. Britton Seconded by Mr. P. Kruse That the application of Voisin Developments Ltd. requesting permission to develop a commercial campus having a 4 m (13.12 ft.) northerly sideyard setback, rather than the required 14 m (45.93 ft.) and a 0 m rearyard setback, rather than the required 7.5 m (24.6 ft.) relative to 1400 Ottawa Street South; and a 0 m sideyard setback, rather than the required 6 m (19.68 ft.) relative to 1450 Ottawa Street South; on Part Lots 46 & 47, German Company Tract and Block 39, Registered Plan 1758, 1400 & 1450 Ottawa Street South, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 111 JUNE 18, 2002 Submission No.: A2002-038 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are 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 AND MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2002-015 & A 2002-039 673147 Ontario Inc. 236-264 Victoria Street North Part Lot 19, Subdivision of Lot 3, German Company Tract, Lots 33 to 42 and Part Lots 29 to 32, Registered Plan 374, Part Lots 41 & 122, Streets and Lanes Appearances: In Support: Mr. Richard Hardie 260 Huron Road Kitchener ON N2R 1P8 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot containing an existing office use having frontage on Victoria Street North of 74 m (242.78 ft.), by an average depth of 50 m (164.04 ft.) and an area of 3,700 m2 (39,827.77 sq. ft.); a mutual right- of-way for access over the severed lands in favour of the retained lands; and a variance from the Zoning By-law with respect to a reduction in the number of required parking spaces from 84 to 77 spaces. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 12, 2002 - in support, subject to certain conditions; · Director of Building - June 13, 2002 - in support, subject to the fire access route being accessible at all times for both buildings; · Traffic & Parking Analyst - June 5, 2002 - in support, subject to all parking spaces on both properties being made available to all customers; Region of Waterloo - June 13, 2002 - in support, also advise that the subject site has been identified as lands with suspected contamination; Regional staff are uncertain of the potential health or safety risks; the lands are not located within a wellfield and as the Region has no direct corporate interest is not requesting a Record of Site Condition; if the Committee decides to impose such a condition or other similar requirement the Committee, and not the Region, should be responsible for its release; COMMITTEE OF ADJUSTMENT 112 JUNE 18, 2002 1. Submission Nos.: B 2002-015 & A 2002-039 (Cont'd) · Grand River Conservation Authority - June 11,2002 - in support. Mr. P. Kruse referred to the Region's comments respecting a Record of Site Condition and requested staff to expand on the rationale for including a Record of Site Condition as a condition of approval for the consent application. Ms. J. Given advised that staff historically include such a condition; however, acknowledged the concerns raised periodically by the Committee with respect to the ambiguity of the Region's comments. She advised that staff are in the process of arranging a session between Committee members and Regional staff to address this matter. Mr. R. Hardie advised that a Record of Site Condition has already been submitted to the Ministry of Transportation; however, at this time has not received approval. Mr. P. Britton commented that this application can be distinguished from others where such a condition has not been imposed in that, there is confirmed contamination and construction work is well underway, whereas in other applications no immediate development was to take place. Minor Variance A 2002-039 Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of 673147 Ontario Inc. requesting permission for a reduction in the number of required parking spaces from 84 parking spaces to 77 on the lot to be severed under Consent Application, Submission No. B 2002-015, on Part Lot 19, Subdivision of Lot 3, German Company Tract, Lots 33 to 42 and Part Lots 29 to 32, Registered Plan 374, Part Lots 41 and 122, Streets and Lanes, 236-264 Victoria Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Consent B 2002-015 Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of 673147 Ontario Inc. requesting permission to convey a parcel of land containing an existing office use having frontage on Victoria Street North of 74 m (242.78 ft.), by an average depth of 50 m (164.04 ft.) and an area of 3,700 m2 (39,827.77 sq. ft.); and granting of a mutual right-of-way for access over the severed lands in favour of the retained lands; on Part Lot 19, Subdivision of Lot 3, German Company Tract, Lots 33 to 42 and Part Lots 29 to 32, Registered Plan 374, Part Lots 41 and 122, Streets and Lanes, 236-264 Victoria Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That a draft reference plan showing the proposed right-of-way shall be approved by the City's Principal Planner. That the owner shall submit documents for the proposed right-of-way to the satisfaction of the City's Legal Department, shall be executed and shall be in a registerable form. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of both the severed and retained lands, to ensure that rights-of-way for access to both properties are maintained in perpetuity. COMMITTEE OF ADJUSTMENT 113 JUNE 18, 2002 1. Submission Nos.: B 2002-015 & A 2002-039 (Cont'd) That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-039. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That satisfactory arrangements shall be made with the City's Engineering Services to ensure separate sanitary, water and storm (if applicable) connections are available. That the owner shall undertake a site assessment for both the severed and retained lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the City's Principal Planner. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2004. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2002-016 Emmanuel Village Homes (Kitchener) Inc. 1250 Weber Street East Lots 35 and 36, Lots 51 to 81 inclusive, Part Lots 37 to 43 and 68 to 71 and 82 to 85 inclusive, Plan 322, Part Lots 141 and 142, Streets and Lanes Closed, Part Lot 2, Municipal Compiled Plan 963, designated as Parts 1 and 2 on Reference Plan 58R-11351 and Parts 1:2 and 3 on Reference Plan 58R-11578 Mr. S. Kay advised that the Committee was in receipt of a letter dated June 17, 2002 from Mr. Hugh Handy, Green Scheels Pidgeon Planning Consultants on behalf of his client Emmanuel Village Homes (Kitchener) Inc., requesting deferral of the application to the Committee's next meeting to provide opportunity for further consultation with City staff to examine possible servicing solutions. By general consent, it was agreed that Consent Application, Submission No. B 2002-016, would be deferred to the July 23, 2002 Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT 114 JUNE 18, 2002 Submission No.: Applicant: Property Location: Le.qal Description: B 2002-017 Sasa Filipovic & Miroslav Markovic 44-48 Walnut Street Part Lot 487, Re,qistered Plan 378 Appearances: In Support: Mr. Sasa Filipovic 44 Walnut Street Kitchener ON N2G 1P6 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create one new lot containing a single residential dwelling having frontage on Walnut Street of 12.19 m (40 ft.), by a depth of 36.57 m (120 ft.) and an area of 445.92 m2 4,800 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 10, 2002 - ~n support, subject to certain conditions; Region of Waterloo - June 13, 2002 - in support, subject to a noise study being prepared and if necessary an agreement entered into with the City of Kitchener to provide for implementation of the approved noise study attenuation measures; in addition, the Region advises the subject site has been identified as having suspected contamination; Regional staff are uncertain of the potential health or safety risks; the lands are not located within a wellfield and as the Region has no direct Corporate interest they are not requesting a Record of Site Condition; if the Committee decides to impose such a condition or other similar requirement the Committee, not the Region, should be responsible for its release; The following had no concerns or comments with respect to this application: · Director of Building - June 13, 2002 · Traffic & Parking Analyst- June 5, 2002 · Grand River Conservation Authority- June 11,2002. Mr. Sasa Filipovic appeared in support of the application and stated that he had been advised by City staff that the house on the severed lands must be destroyed within 12 months or the severance would not be approved and questioned why this was necessary. Ms. J. Given clarified that the existing dwelling on the severed parcel complies with all zoning requirements and does not have to be demolished. She pointed out, however, that in previous applications the former industrial building on the retained lands was proposed to be developed with a multiple residential use which would require either demolition of the industrial building or conversion of the building to permit such use. In response to a question from Mr. S. Kay, Ms. Given advised that staff are requesting the existing Section 41 Development Agreement registered on title of the subject lands be released as it applies to the whole of the land and once severance takes place will no longer apply. Mr. S. Filipovic advised that the property has a long history of commercial use and the property is currently taxed for commercial use; however, he is not able to use the property for commercial uses and questioned why that is the case. Mr. P. Britton commented that the issue of use mostly likely pertains to existing zoning and land use designation for the property; however, pointed out that this was not an issue within jurisdiction COMMITTEE OF ADJUSTMENT 115 JUNE 18, 2002 2. Submission No.: B 2002-017 (Cont'd) of the Committee. In this regard, he suggested that Mr. Filipovic speak with Planning staff to determine potential development options for the retained parcel. In response to a question from Mr. S. Kay, Ms. J. Given advised that she did not believe the severance application would have any impact relative to legal non-conforming status of the property as the former industrial building has been vacant for a number of years. She further pointed out that the applicant can make submissions to City staff with respect to determination of legal non-conforming status of the property. Mr. P. Britton referred to the Region's request for a noise study and indicated that he was not prepared to impose this as a condition of approval as no new development is proposed and the application is technical in nature to restore original lot patterns. Mr. P. Kruse also referred to the Region's comments respecting a Record of Site Condition and pointed out that in this instance, staff are not recommending a Record of Site as a condition of approval. In this regard, he reiterated his request for further direction from the Region with respect to this issue. Moved by Mr. P. Britton Seconded by Mr. P. Kruse That the application of Sasa Filipovic and Miroslav Markovic requesting permission to convey a parcel of land containing a single residential dwelling having frontage on Walnut Street of 12.19 m (40 ft.), by a depth of 36.57 m (120 ft.) and an area of 445.92 m2 (4,800 sq. ft.), on Part Lot 487, Registered Plan 378, 44-48 Walnut Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the existing Section 41 Development Agreement registered as Instrument No. 1338386 shall be released from title from both the severed and retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2004. Carried Mr. S. Kay advised Mr. Filipovic to seek advice of a Solicitor or Planner prior to proceeding with the fulfillment of conditions for the consent application with respect to his concerns relative to the use of the retained lands. COMMITTEE OF ADJUSTMENT 116 JUNE 18, 2002 Submission No.: Applicant: Property Location: Legal Description: B 2002-018 1010137 Ontario Ltd. (Maple Freezer Inc.) 352 Maple Avenue Part of Lot 117, Registered Plan 666, Part of Lots 2, 8 & 9, MCPL of Lot 59, German Company Tract Appearances: In Support: Mr. Gerhard Auer Campbell Wyman Auer & Ims Ltd. 582 Frederick Street Kitchener ON N2B 2A9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the lands involved in this application are also the subject of previously approved Consent applications B 2002-001 to B 2002-003 incl. The applicant is now proposing to reconfigure the lands to be severed under Consent B 2002-003 to create a new lot containing a meat packing, processing and storage facility, having frontage on Maple Avenue of 145.48 m (477.29 ft.), by an average depth of 217.06 m (712.14 ft.) and an area of 2.4835 ha (6.1366 ac); and requesting permission for an easement for water service over the parcel of land to be severed under Consent B 2002-001 in favour of the retained lands proposed in this application. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 12, 2002 - in support, subject to certain conditions; Region of Waterloo - June 13, 2002 - in support; advised that the subject lands have been identified as having suspected contamination; Regional staff are uncertain of the potential health or safety risks; the subject lands are not located within a wellfield and as the Region has no direct Corporate interest is not requesting a Record of Site Condition; if the Committee decides to impose such a condition or similar requirement the Committee, not the Region, should be responsible for its release; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - June 5, 2002 · Director of Building - June 13, 2002 · Grand River Conservation Authority - June 11,2002. In response to a question from Mr. S. Kay, Mr. Gerhard Auer provided an explanation with respect to the requested easement over Parcel lB as identified on the plans submitted with the application. Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of 1010137 Ontario Limited/Maple Freezer Inc. requesting permission to convey a parcel of land containing a meat packing, processing and storage facility, having frontage on Maple Avenue of 145.48 m (477.29 ft.), by an average depth of 217.06 m (712.14 ft.) and an area of 2.4835 ha (6.1366 ac); and permission for an easement for water service shown as Parcel lB on the plan submitted with Consent Application, Submission No. B 2002-018, in favour of the retained lands shown as Parcel 2 on the same plan, on Part of Lot 117, Registered Plan 666, Part of Lots 2, 8 and 9, Municipal Compiled Plan of Lot 59, German Company Tract, 352 Maple Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 117 JUNE 18, 2002 Submission No.: B 2002-018 (Cont'd) 1. That Consent Application Submission No. B 2002-002, shall be formally withdrawn. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. That the owner shall make satisfactory arrangements with the Director of Engineering Services to ensure separate sanitary, water and storm (if applicable) connections are available. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title on both the severed and retained lands, which shall require that prior to the commencement of grading on the site, and prior to the issuance of any building permits, the owner shall undertake a site assessment in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the City's Principal Planner. That a draft reference plan showing the appropriate easement required over Parcel #1 in favour of Parcel #2, generally shown as Parcel lB on plan prepared by Campbell Wyman Auer & Ims Ltd, dated May 17, 2002, shall be prepared to the satisfaction of the Director of Engineering Services. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2004. Carried Submission Nos.: Applicant: Property Location: Legal Description: B 2002-019 & B 2002-020 Bungamina Investments Inc. New Dundee Road Part Lot 8, Beasley's Old Survey, designated as Parts 4 & 5 on Reference Plan 58R-10659 Appearances: In Support: Contra: Public Submissions: Mr. James W. Richard 194 Weber Street East Kitchener ON N2H 1E4 None In Support: None COMMITTEE OF ADJUSTMENT 118 JUNE 18, 2002 4. Submission No.: B 2002-019 & B 2002-020 (Cont'd) Contra: None The Committee was advised that the applicant is requesting permission to convey 2 parcels of land as lot additions to abutting residential properties. The 1st lot addition will have a lot width of 114 m (374 ft.), by a depth of 5.175 m (16.97 ft.) and an area of 256.8 m2 (842.52 sq. ft.). The second lot addition will have a lot width of 82.478 m (270.59 ft.), by a depth of 5.175 m (16.97 ft.) and an area of 336.1 m2 (1,102.69 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 12, 2002 - in support, subject to certain conditions; · Director of Building - June 13, 2002 - in support, subject to an on-site sewage system to serve the proposed buildings; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- June 5, 2002 · Region of Waterloo - June 13, 2002 · Grand River Conservation Authority- June 11,2002. Mr. S. Kay reviewed the comments and enquired if Mr. Richard had anything further to add. Mr. James Richard, agent for the applicant, advised that he had nothing further to add. Mr. P. Britton referred to the comments of the Director of Building with respect to on-site sewage systems and given these are lot additions to vacant parcels, questioned the need to include this as a condition of approval, and suggested this could be dealt with through the building permit process. Ms. J. Given agreed that it was not necessary to impose the requested condition as a part of consent approval. Consent B 2002-019 Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of Bungamina Investments Inc. requesting permission to convey a parcel of land as a lot addition to an abutting property legally described as Part 1 on Reference Plan 58R- 9206, having a lot width on Pinnacle Drive of 114 m (374 ft.), by a depth of 5.175 m (16.97 ft.) and an area of 256.8 m~ (842.52 sq. ft.), on Part Lot 8, Beasley's Old Survey, designated as Parts 4 & 5 on Reference Plan 58R-10659, New Dundee Road / Pinnacle Drive, Kitchener, Ontario, BE GRANTED, subject to the following condition: That the lands to be severed shall be added to the abutting lands legally described as Part 1 on Reference Plan 58R-9206 and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Section 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 119 JUNE 18, 2002 4. Submission No.: B 2002-019 & B 2002-020 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2004. Carried Consent B 2002-020 Moved by Mr. P. Kruse Seconded by Mr. P. Britton That the application of Bungamina Investments Inc. requesting permission to convey a parcel of land as a lot addition to an abutting property legally described as Part 2 on Reference Plan 58R- 9206, having a lot width on Pinnacle Drive of 82.478 m (270.59 ft.), by a depth of 5.175 m (16.97 ft.) and an area of 336.1 m2 (1,102.69 sq. ft.), on Part Lot 8, Beasley's Old Survey, designated as Parts 4 & 5 on Reference Plan 58R-10659, New Dundee Road / Pinnacle Drive, Kitchener, Ontario, BE GRANTED, subject to the following condition: That the lands to be severed shall be added to the abutting lands legally described as Part 2 on Reference Plan 58R-9206 and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Section 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2004. Carried APPOINTMENT OF ACTING CHAIR The Secretary-Treasurer advised that due to the absence of both the Chair and Vice-Chair for the July 23rd meeting it would be necessary to appoint an Acting Chair. Moved by Mr. P. Kruse Seconded by Mr. S. Kay That Mr. Paul Britton be appointed Acting Chair for the July 23, 2002 Committee of Adjustment meeting. Carried BUSINESS & PLANNING SERVICES STAFF LIAISON - INTRODUCTION Ms. J. Given introduced Mr. Brandon Sloan, Planner, and advised that Mr. Sloan would be assuming her duties as staff liaison to the Committee of Adjustment for an extended period of time while she is involved in other City projects. COMMITTEE OF ADJUSTMENT 120 JUNE 18, 2002 ADJOURNMENT On motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 18th day of June, 2002. J. Billett Secretary-Treasurer Committee of Adjustment