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HomeMy WebLinkAboutAdjustment - 2002-07-23 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 23, 2002 MEMBERS PRESENT: Messrs. P. Britton, D. Cybalski and A. Galloway. OFFICIALS PRESENT: Mr. B. Sloan, Planner, Mr. R. Parent, Traffic & Parking Analyst and Ms. J. Billett, Secretary-Treasurer. Mr. P. Britton, Acting Chair, called this meeting to order at 10:00 a.m. Mr. Britton advised that Mr. Alex Galloway, a former member of the Committee of Adjustment, was appointed as an alternate member of the Committee of Adjustment for the meeting this date by Council resolution dated July 2, 2002. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of June 18, 2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS 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. Britton advised that the Committee was in receipt this date of a letter dated July 22, 2002 from Mr. Hugh Handy, Green Scheels Pidgeon Planning Consultants, requesting deferral of this application to the Committee's next meeting. By general consent, it was agreed that this application would be deferred to the Committee's meeting to be held on August 20, 2002. The Committee then recessed the meeting, temporarily, at 10:05 a.m., in order to consider applications for Minor Variance to the City of Kitchener's Fence By-law. This meeting reconvened at 11:15 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-040 Kevin & Laura Whitehead 431 Veronica Drive Lot 40, Re.qistered Plan 58M-134 Appearances: COMMITTEE OF ADJUSTMENT 122 JULY 23, 2002 Submission No.: A2002-040 (Cont'd) In Support: Mr. Kevin Whitehead 431 Veronica Drive Kitchener ON N2A4E9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a wooden deck having a rearyard setback of 1.88 m (6.17 ft.), rather than the required 7.5 m (24.6 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Business & Planning Services - July 16, 2002 - in support, as amended to permit an elevated deck with a 2.79 m (9.1 ft.) rear yard rather than the required 4 m (13 ft.) and subject to the circular portion of the deck being removed; · Director of Building - July 5, 2002 - in support, subject to a building permit being obtained; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo - July 16, 2002 · Grand River Conservation Authority- July 17, 2002. Mr. P. Britton reviewed the comments, noting that staff are recommending approval of the deck subject to the circular portion being removed and enquired if the applicant had anything further to add. Mr. Kevin Whitehead advised that the portion of deck suggested to be removed faces the side of the neighbouring home that contains a garage and 1 kitchen window which is blocked by lattice. Mr. Whitehead stated that he wished to keep this portion of the deck for structural and aesthetic reasons. He noted that he had approached his neighbours who indicated they had no concern with the deck and he was in the process of professionally landscaping his property. In response to questions, Mr. Whitehead clarified the location of the deck in relation to the neighbouring home. Mr. A. Galloway commented that while the existing neighbours may have no concerns there is potential as the properties change hands for future owners to experience problems and stated that in his opinion, it was questionable whether this application would meet the test of being minor in nature. Mr. B. Sloan clarified that the required setback for the deck was actually 4 m rather than 7.5 m as stated on the application and if allowed to remain, the variance from the edge of the deck would be from 4 m to 1.97 m. Mr. Brandon stated that staff are concerned with the issue of privacy for the neighbouring property and have tried to balance this issue with the applicants wish to utilize his backyard. Accordingly, staff are recommending that the circular portion be removed which would reduce the amount of the variance to permit a 2.8 m setback. He noted that modifying the deck in this manner would put the edge of the deck further back from where the property significantly slopes downward. He further pointed out that there is no fence along the common property line and even if a fence was constructed at the maximum height of 8 ft. it still would not screen the adjacent property from persons standing on the deck. COMMITTEE OF ADJUSTMENT 123 JULY 23, 2002 Submission No.: A2002-040 (Cont'd) Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of Kevin & Laura Whitehead requesting permission to legalize an elevated wooden deck having a rearyard setback of 2.79 m (9.1 ft.), rather than the required 4 m (13 ft.), on Lot 40, Registered Plan 58M-134, 431 Veronica Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit for the wooden deck. That the circular portion of the deck shall be removed to the satisfaction of the City of Kitchener by September 30, 2002. No extension to this completion date shall be granted unless approved in writing by the Principal Planner prior to the completion date set out in this decision. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2002-041 1279870 Ontario Inc. 31 Cherry Street Part Lot 408, Re,qistered Plan 375 Appearances: In Support: Mr. Bill O'Neill 842 Victoria Street North Kitchener ON N2V3Cl Mr. Deo Santos 4 St. Arnaud Street Guelph ON N1H 5V4 Contra: Mr. Josef Sonser 35 Cherry Street Kitchener ON N2G 2C5 Ms. Linda Klaehn 40 Cherry Street Kitchener ON N2G 2C6 Mr. Mark Swartz Ms. Pam Salisbury 52 Walnut Street Kitchener ON N2G 1P6 Ms. Marjorie Schwartzentruber Ms. Robin Cleal 21 Cherry Street Kitchener ON N2G 2C5 Ms. Charlene Swann Mr. Kevin Hunter 29 Cherry Street Kitchener ON N2G 2C5 Ms. Brenda Borho 25 Cherry Street Kitchener ON N2G 2C5 COMMITTEE OF ADJUSTMENT 124 JULY 23, 2002 Submission No.: A2002-041 (Cont'd) Mr. John McAIpine Mrs. Patty McAIpine 34 Cherry Street Kitchener ON N2G 2C6 Public Submissions: In Support: None Contra: Mr. Mark Swartz Ms. Pam Salisbury 52 Walnut Street Kitchener ON N2G 1P6 Neighbourhood Petition The Committee was advised that the applicant is requesting permission to construct a triplex dwelling on a lot having a lot width fronting Cherry Street of 10.623 m (34.85 ft.), rather than the required 15 m (49.21 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 15, 2002 - in support, subject to application being amended to request a lot width of 10.623 m rather than 10 m; · Director of Building - July 5, 2002 - in support, subject to a building permit being obtained; · Traffic & Parking Analyst - July 17, 2002 - in support, subject to parking layout being modified to allow angled parking at entrance to the property and in front of the building; The following had no concerns or comments with respect to this application: · Region of Waterloo - July 16, 2002 · Grand River Conservation Authority- July 17, 2002; · Canadian National Railway Properties Inc. - July 22, 2002 - comments concerning noise warning clause and undertaking analysis of noise and vibration; Mark Swartz and Pam Salisbury, 52 Walnut Street - July 18, 2002 - opposed; concerns raised relate to percentage of variance and close proximity of adjacent dwelling to the side lot line; location of proposed dwelling in proximity to neighbouring backyards; increased noise; loss of trees; property devaluation; no other triplex dwellings in surrounding neighbourhood; negative impact to streetscape aesthetics; and property standards issues; Neighbourhood Petition - July 18,2002 - opposed; concerns raised relate to increased traffic and speeding; ingress/egress of motor vehicles from driveway; and lack of parking for tenants and/or visitors. Mr. Bill O'Neill advised that he was in attendance to assist the applicant, Mr. Deo Santos. In response to a question from Mr. P. Britton, Mr. Santos confirmed that Mr. O'Neill was his authorized agent. Mr. O'Neill commented that the subject lands are zoned R-5 which permits a triplex dwelling; however, the subject property does not comply with the lot width requirement. Mr. O'Neill stated that a triplex was not out of character for the area and while the lot width does not comply, the property is irregular in shape with the lot expanding at the back of the property to a size large enough to accommodate the triplex dwelling. COMMITTEE OF ADJUSTMENT 125 JULY 23, 2002 2. Submission No.: A2002-041 (Cont'd) In response to a question from Mr. P. Britton, Mr. B. Sloan acknowledged that a site plan is required for this property and the applicant has submitted a plan for consideration. Mr. Sloan further advised that the plan has not yet been considered in detail. Mr. Josef Sonser advised that he was the owner of 35 Cherry Street and was opposed to the application. Mr. Sonser referred to minutes of a Committee of Adjustment meeting held on February 16, 1999 in which a severance and minor variance application for the property known municipally as 29 Cherry Street was considered and which resulted in establishment of the subject property at 31 Cherry Street. Mr. Sonser pointed out that the minutes indicate that the remaining lands, being 31 Cherry Street, were to be developed with either a single family dwelling or duplex and the comments of the Department of Business & Planning Services contained in the minutes further indicate that the remaining lands were to be developed with a single detached dwelling. Mr. Sonser stated that what was agreed upon in February 1999 should be adhered to and a triplex should not be built. Ms. Charlene Swann advised that she was the owner of 29 Cherry Street and was also in opposition to the application. She referred to the petition which had been submitted, noting that the concerns raised deal with issues of parking and traffic safety. She pointed out that there is a hill located on Cherry Street and the proposed driveway would be just over the crest of the hill. She stated that residents of Cherry Street are concerned with the speed of traffic coming over the hill in relation to the proposed driveway. Ms. Swann also raised concerns respecting impact to property values; loss of potential buyers; loss of trees; the size of the proposed triplex 2 1/2 storeys in comparison to the 1 3/4 storeys of her home; issues of privacy and impact to the streetscape. In response to a question from Mr. Britton, Mr. Sloan advised that a single detached or duplex dwelling could be constructed on the subject land without the necessity of a minor variance application as long as the dwelling constructed complied with all required setbacks. He further advised that if this were the case a site plan would not be required. In response to a further question from Mr. Britton respecting tree saving, Mr. Sloan advised that through the building permit a lot grading plan would be required which would address the issue of tree saving. In response to further questions, Mr. Sloan and Mr. Richard Parent, Traffic & Parking Analyst, commented that the difference between building a duplex and a triplex would not be significant. Mr. & Mrs. John McAIpine advised that they were the owners of 34 Cherry Street and were also in opposition to the application. They expressed concerns with respect to the potential for the triplex to become a Iow income rental facility with undesirable tenants, heavy traffic on the street, safety of children playing on the street, and the location of the proposed driveway in relation to the hill. Ms. Pam Salisbury and Mr. Kevin Hunter advised that they were the owners of 52 Walnut Street and were also opposed to the application. They pointed out that the backyard of the subject land abuts the backyard of their property and were concerned with inappropriate use of the subject lands; the extent of the variance proposed at 30%; location of the proposed driveway; and potential increase in noise levels from the actual number of people who may reside in the triplex. Mr. Hunter also raised concerns with respect to snow removal, parking for tenants and their visitors, pointing out that no parking is permitted on the street, and the proposed driveway would not be wide enough for two vehicles to pass each other. In response to a question from Mr. Britton, several residents acknowledged that they rarely hear trains from the rail lines. Ms. Brenda Borho advised that she was the owner of 25 Cherry Street and was also in opposition to the application. Ms. Borho advised that the building would abut her property and was concerned that trees on the property line would be removed to construct a fence. In addition, she stated that she had undertaken landscaping along the property line which could potentially be impacted by this development. Ms. Borho also had concern with safety of children and the additional traffic that would be created by visitors to the property. Ms. Linda Klaehn advised that she was the owner of 40 Cherry Street and was also in opposition to the application. She stated that her home has been in her family since approximately 1860 COMMITTEE OF ADJUSTMENT 126 JULY 23, 2002 2. Submission No.: A2002-041(Cont'd) and she has seen few changes in the neighbourhood. She commented that the proposed application was a change that she could not agree with. In response to Mr. Britton, Ms. Klaehn stated that housing types have not changed on the street; however, additional homes have been constructed resulting in a significant growth in traffic. Ms. Klaehn referred to townhouse developments on neighbouring streets that have also had an impact on the traffic along Cherry Street. Ms. Marjorie Schwartzentruber and Ms. Robin Cleal advised that they were the owners of 21 Cherry Street and were also in opposition to the application. Ms. Schwartzentruber raised similar concerns respecting increased traffic and the speed at which traffic travels along the roadway. In response to the concerns raised, Mr. O'Neill stated that he was not involved with the previous severance application and had purchased the property based on the zoning permitting a triplex dwelling. He further pointed out that the location of the driveway would remain the same regardless of whether a single, duplex or triplex dwelling was constructed and was of the opinion that the impact of a triplex would be no different than that of a duplex. He stated that trees on the property would have to be removed regardless of what type of building was constructed and could not say at this time if the trees on the side property line would be impacted. Mr. O'Neill pointed out that the proposed dwelling was to be only 2 storeys in height with the front of the building being a single storey and 2 storeys at the back. He further advised that the back of the property allows sufficient space for snow removal and the issue of parking will be addressed through the site plan approval process. In response to a question from Mr. Britton, Mr. O'Neill advised that there is an offer to purchase on the property that is conditional on the variance approval. Mr. D. Cybalski commented that it is the function of the Committee to consider applications based on their technical nature and pointed out that the purpose of the application is to consider a variance to the lot width from 15 m to 10.623 m. He further commented that current zoning permits the triplex and issues to relating to traffic, parking and tree saving can be dealt with as part of the site plan process. Mr. Cybalski stated that in his opinion the requested variance was minor in nature. Mr. Britton questioned if it would be feasible to move the proposed building forward on the subject land and Mr. Sloan advised that moving the structure forward would reduce the ability for access from the driveway and the ability to locate parking in the back of the property. He also stated that more trees would be impacted by moving the structure forward. Mr. Britton acknowledged that a duplex could be built on the subject property without benefit of a variance application and that a triplex would not appear to impact traffic any more significantly than a duplex. Mr. Britton referred to the tests under the Planning Act and in particular, the appropriateness of the development and the amount of the variance requested. He also referred to the disruption of privacy to the rear yards of the abutting properties. Mr. Britton commented that he had been involved in a similar application respecting a property on Guelph Street which had been appealed to the Ontario Municipal Board (OMB). He stated that the issue was the appropriateness of the development to privacy of the neighbouring properties and the location of the building on the subject lands. He pointed out that it was determined there was only room for the building to be constructed at the back of the property and the application was refused by the Board based on the issue of appropriateness of the development in relationship to privacy of the neighbouring properties. Mr. A. Galloway commented that the application is only before the Committee because of a minor deficiency in lot width and pointed out that construction of either a single or duplex dwelling in the rear of the property would have just as much impact as the triplex. Mr. Galloway reiterated that the issues raised by the neighbouring property owners could be addressed through the site plan approval process and he had no difficulty with approving the application. Mr. Britton then referred to the comments of Canadian National Railway respecting the issue of a noise warning clause and the undertaking of an analysis of noise and vibration. Mr. Sloan COMMITTEE OF ADJUSTMENT 127 JULY 23, 2002 Submission No.: A2002-041(Cont'd) advised that a noise study was completed at the time of the previous severance application to which the subject lands were a part and accordingly, it was agreed that a noise study would not be required. Mr. Britton pointed out that the residents present had indicated that they rarely hear noise from the rail line and did not consider a warning clause necessary. Moved by Mr. D. Cybalski Seconded by Mr. A. Galloway That the application of 1279870 Ontario Inc. requesting permission to construct a triplex dwelling on a lot having a lot width fronting Cherry Street of 10.623 m (34.85 ft.), rather than the required 15 m (49.21 ft.), on Part Lot 408, Registered Plan 375, 31 Cherry Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit prior to construction of the triplex. 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 is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2002-042 Leahu Laurentiu 624 Victoria Street South Part of Lot 6, Re.qistered Plan 793 Appearances: In Support: Mr. Leahu Laurentiu 624 Victoria Street South Kitchener ON N2M 3B1 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a two storey addition to the front of the existing dwelling for expansion of a home business (hair salon) on the main floor and additional living space on the second floor, having a frontyard setback of 4.5 m (14.76 ft.), rather than the required 12 m (39.37 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 12, 2002 - in support, subject to an amendment to also permit a gross floor area for the home business of 53.5 m2 rather than 50 m2; · Director of Building - July 5, 2002 - in support, subject to a building permit being obtained; COMMITTEE OF ADJUSTMENT 128 JULY 23, 2002 Submission No.: A2002-042 (Cont'd) The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo - July 16, 2002 · Grand River Conservation Authority - July 17, 2002. Mr. P. Britton reviewed the comments, noting that staff are recommending the application be amended to include a second variance to permit a gross floor area of 53.5 m2 for the home business rather than the permitted 50 m2. Mr. Leahu Laurentiu agreed to amend his application as recommended by staff. Mr. Britton stated that he was impressed with the detail of the designs submitted with the application and suggested that in addition to a building permit being required approval of the application be subject to the addition being constructed in accordance with the plans. Moved by Mr. D. Cybalski Seconded by Mr. A. Galloway That the application of Leahu Laurentiu requesting permission to construct a two storey addition to the front of the existing dwelling for expansion of a home business (hair salon) on the main floor and additional living space on the second floor, having a frontyard setback of 4.5 m (14.76 ft.), rather than the required 12 m (39.37 ft.) and a maximum gross floor area for the home business of 53.5 m~ (575.88 sq. ft.), rather than the permitted 50 m~ (538.21 sq. ft.), on Part of Lot 6, Registered Plan 793, 624 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction of the new addition. 2. That the variances as approved in this application shall be generally in accordance with the plans submitted with Minor Variance Application, Submission No. A 2002-042. 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 is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: A 2002-043 Sherwood Homes Ltd. 24 Hearthwood Crescent Lot 19, Registered Plan 58M-185 Appearances: In Support: Mr. Paul Magahay Van Harten Surveying Inc. 423 Woolwich Street Guelph ON N1H 3X3 Contra: None COMMITTEE OF ADJUSTMENT 129 JULY 23, 2002 Submission No.: A2002-043 (Cont'd) Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a driveway to be located 3.5 m (11.48 ft.) from the intersection of the street lot lines abutting the lot rather than the required 9 m (29.52 ft.) and encroaching into the 7.5 m (24.6 ft.) corner visibility triangle. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 23, 2002 - in support; The following had no concerns or comments with respect to this application: · Director of Building - July 5, 2002 · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo Authority - July 16, 2002 · Grand River Conservation - July 17, 2002. Mr. P. Britton reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Magahay had anything further to add. Mr. Paul Magahay advised that he was in agreement with the recommendation of staff. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Sherwood Homes Ltd. requesting permission to construct a driveway to be located 3.5 m (11.48 ft.) from the intersection of the street lot lines abutting the subject lot, rather than the required 9 m (29.52 ft.), on Lot 19, Registered Plan 58M-185, 24 Hearthwood Crescent, 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 is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Carried A 2002-044 B.W. Strassburger Limited 1604 Victoria Street North Part Lots 1, 2 & 3, Registered Plan 753 and Part of Lot 123, German ComDanv Tract Mr. Brian Shantz Brian L. Shantz Ltd. 490 Dutton Drive Suite B1 Waterloo ON N2L6H7 Contra: None COMMITTEE OF ADJUSTMENT 130 JULY 23, 2002 Submission No.: A2002-044 (Cont'd) Public Submissions: In Support: Mr. Richard Zuzan 1594 Victoria Street North Kitchener ON N2B 3E5 Contra: None Other: Canadian National Railway Properties Inc. 277 Front Street West Floor 8 Toronto ON M5V2X7 The Committee was advised that the applicant is requesting permission to replace and extend an existing legal non-conforming warehouse/office structure to be converted to freezer storage space having a westerly sideyard of 0.2 m (0.65 ft.), rather than the required 3 m (9.84 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 12, 2002 -in support; The following had no concerns or comments with respect to this application: · Director of Building - July 5, 2002 · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo - July 16, 2002 · Grand River Conservation Authority- July 17, 2002; · Canadian National Railway Properties Inc. - July 16, 2002 - comments concerning chain link fencing, alteration to drainage patterns and rail noise/vibration; · Richard Zuzan, 1594 Victoria Street North - June 27, 2002 - in support. Mr. P. Britton reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Shantz had anything further to add. Mr. Brian Shantz advised that he was in agreement with the recommendation of staff. Mr. P. Britton then referred to the comments of the Canadian National Railway (CN). In response to a question from Mr. Britton, Mr. B. Sloan advised that the use of the property is permitted under current zoning and the applicant is simply replacing a structure already on the property. Mr. P. Britton stated that in view of the comments of Mr. Sloan, it was his opinion the requests of CN were not reasonable or appropriate to impose as conditions of approval at this time. Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of B.W. Strassburger Limited requesting permission to replace and extend an existing legal non-conforming warehouse/office structure to be converted to freezer storage space having a westerly sideyard of 0.2 m (0.65 ft.), rather than the required 3 m (9.84 ft.), on Part Lots 1, 2 & 3, Registered Plan 753 and Part of Lot 123, German Company Tract, 1604 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. COMMITTEE OF ADJUSTMENT 131 JULY 23, 2002 The general intent and purpose of the City of Kitchener Zoning By-law is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2002-021 PM Holdings Ltd. 1358 Victoria Street North Part Lot 122, German Company Tract Appearances: In Support: Mr. Paul Censner PM Holdings Ltd. 1358 Victoria Street North Kitchener ON N2B 3E2 Contra: None Public Submissions: In Support: None Contra: None Other: Canadian National Railway Properties Inc. 277 Front Street West Floor 8 Toronto ON M5V2X7 The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to an abutting property at 1362 Victoria Street North having a lot width of 27.12 m (89 ft.), by a depth of 93.87 m (308 ft.) and an area of 254.65 m2 (2,741.2 sq. ft.) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 11, 2002 - in support, subject to certain conditions; · Director of Building - July 5, 2002 - in support, subject to geo-technical investigation; · Canadian National Railway Properties Inc. - July 16, 2002 - comments concerning environmental/safety standards, chain link fencing, and alterations to drainage patterns; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - July 17, 2002; · Region of Waterloo - July 18, 2002 - Note: direct access to Victoria Street from severed lot not permitted; · Grand River Conservation Authority- July 17, 2002; Mr. P. Britton reviewed the comments, noting that staff are recommending approval subject to certain conditions and enquired if the applicant had anything further to add. Mr. Paul Censner pointed out that the Business & Planning Services report suggests that the severed lands are intended to be developed with a small commercial establishment. Mr. Censner advised that the severed lands are subject to a purchase offer and to his knowledge would remain as vacant lands. Mr. Censner questioned if the severed lands would be limited to development as a small commercial establishment. Mr. Britton advised that development would 1. Submission No.: B 2002-021 (Cont'd) COMMITTEE OF ADJUSTMENT 132 JULY 23, 2002 be dependent on the zoning of the lands and the lands conveyed could be used for any use permitted under the current zoning. Mr. Censner referred to the suggested condition that a geo-technical investigation be completed and stated that it was his understanding City services were being installed in the area; however, he was unsure of the timing for installation. Mr. P. Britton questioned if it was intended to connect to City services once they became available and Mr. Censner stated that was the intent. Mr. B. Sloan advised that the timing for installation of the services is unknown and was of the opinion that the condition relative to the geo-technical investigation should remain to ensure that the retained lot can function on its own. Mr. P. Britton then referred to the comments of the Canadian National Railway and requested staff to comment. Mr. B. Sloan advised that as this is a lot addition to an existing parcel and no new development is proposed there is no need for a site plan. Mr. Sloan stated that he was unsure if a fence to the rear of the property exists; however, Mr. Censner pointed out that the property does have an existing chain link fence. Mr. Britton referred to the issue of drainage raised by the Railway and Mr. Sloan advised that any future development on the property would require site plan approval during which these matters would be taken into consideration and also pointed out that through the building permit process a lot grading plan is required to ensure proper drainage. Moved by Mr. D. Cybalski Seconded by Mr. A. Galloway That the application of PM Holdings Ltd. requesting permission to convey a parcel of land as a lot addition to an abutting property at 1362 Victoria Street North having a lot width of 27.12 m (89 ft.), by a depth of 93.87 m (308 ft.) and an area of 254.65 m2 (2,741.2 sq. ft.), on Part Lot 122, German Company Tract, 1358 Victoria Street North, Kitchener, Ontario, BE GRANTED, 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. That the owner shall submit for the review of the City's Chief Building Official a geotechnical investigation completed by a professional engineer confirming the suitability of the retained lot for a private in-ground sewage disposal system. That the lands to be severed shall be added to the abutting lands known municipally as 1362 Victoria Street North and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. 1. Submission No.: B 2002-021 (Cont'd) COMMITTEE OF ADJUSTMENT 133 JULY 23, 2002 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 July 23, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: B 2001-022 1058663 Ontario Inc. 33, 37 and 41 Mill Street Lot 336 & 337, Subdivision of Lot 17, German Company Tract, designated as Part 1 on Reference Plan 58R-5948 and Lot 338, Subdivision of Lot 17, German Company Tract Appearances: In Support: Mr. Looey Tremblay 1058663 Ontario Inc. 704-260 Sheldon Avenue North Kitchener ON N2H 6P2 Mr. Michael J. Saunders RE/MAX Twin City Realty 842 Victoria Street North Kitchener ON N2B 3C1 Contra: None Public Submissions: In Support: None Contra: None Other: Canadian National Railway Properties Inc. 277 Front Street West Floor 8 Toronto ON M5V2X7 The Committee was advised that the applicant is requesting permission to divide the subject lands containing residential uses to recreate separate lots. The lands to be severed (41 Mill Street) will have a lot width of 15.24 m (50 ft.), by a depth of 70.18 m (230.24 ft.) and an area of 0.09 ha (0.246 ac). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 18, 2002 - request deferral of the application; · Region of Waterloo - July 22, 2002 - in support, subject to the owner entering into an agreement relative to a noise warning clause respecting the railway line; The following had no concerns or comments with respect to this application: · Director of Building - July 5, 2002 · Traffic & Parking Analyst - July 17, 2002 · Grand River Conservation Authority- July 17, 2002; · Canadian National Railway Properties Inc. - July 16, 2002 - comments concerning environmental/safety standards, chain link fencing and alterations to drainage patterns. 2. Submission No.: B 2002-022 (Cont'd) COMMITTEE OF ADJUSTMENT 134 JULY 23, 2002 Mr. P. Britton reviewed the comments, noting that staff are recommending deferral of the application pending a decision from the applicant as to how they wish to address a deficient sideyard for an accessory building located on the proposed retained lands. Mr. Looey Tremblay provided the Committee with a revised severance plan in which the severance line has been adjusted to eliminate the necessity of a minor variance application relative to the accessory building located on the retained lands. Mr. B. Sloan noted that the adjustment indicates a .06 m setback for the accessory building on the retained lands and stated that in order to eliminate the need for a minor variance this would have to be a measurement .6 m. Mr. Tremblay advised that the measurement indicated on the revised plan as .06 m was in incorrect and was intended to be .6 m. Mr. P. Britton questioned if there were conditions of approval that staff wished to have imposed. Mr. Sloan advised that the standard condition relative to payment of taxes would apply and he would also request that the owner submit a draft reference plan to ensure that all setbacks are in compliance with the Zoning By-law. The Committee then discussed the merits of the requests from the Region of Waterloo and the Canadian National Railway (CN) and it was agreed that the Regional condition respecting a noise warning clause would be imposed and Items 1 and 3 from the comments of CN would be incorporated into the Regional condition and would form part of the proposed agreement. It was further agreed that Item 2 of the CN comments respecting a chain link fence would not be imposed as no new developed is proposed at this time. Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of 1058663 Ontario Inc. requesting permission to convey a parcel of land having frontage on Mill Street of 15.24 m (50 ft.), by a depth of 70.18 m (230.24 ft.) and an area of 0.09 ha (0.246 ac), as shown on revised severance plan dated July 23, 2002, on Lot 336 and 337, Subdivision of Lot 17, German Company Tract, designated as Part 1 on Reference Plan 58R-5948 and Lot 338, Subdivision of Lot 17, German Company Tract, 33, 37 and 41 Mill Street, Kitchener, Ontario, BE GRANTED, 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. 2. That the owner shall submit a draft reference plan to the City's Principal Planner confirming that the proposed severed and retained lots comply with the City's Zoning By-law. 3. That the owner shall enter into an agreement with the Regional Municipality of Waterloo, with the said agreement to include the following, namely: a) a warning clause shall be registered on title for the retained and severed parcels of land as follows: "Due to its proximity to the Canadian National Railway, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". b) Any future development adjacent to the railway right-of-way shall comply with environmental and safety standards of the Canadian National Railway Properties Inc. c) Any proposed alterations to the existing drainage pattern on the subject lands affecting railway property must receive prior concurrence from the Canadian National Railway Properties Inc. and be substantiated by a drainage report to the satisfaction of the Railway. 2. Submission No.: B 2001-022 (Cont'd) COMMITTEE OF ADJUSTMENT 135 JULY 23, 2002 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 23, 2004. Carried Submission No.: Applicant: Property Location: Legal Description: B 2002-023 Max Becker Enterprises Ltd. 1170 Fischer-Hallman Road Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423 and Block 12, Plan 58M-78 This application was set aside to be considered following consideration of the remaining two items on the agenda this date. CONSENT AND MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2002-024, B 2002-025 and A 2002-045 Humpty Dumpty Snack Foods Inc. 3065 King Street East Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796 Appearances: In Support: Mr. Ryan Mounsey Green Scheels Pidgeon Planning Consultants Limited 201-72 Victoria Street South Kitchener ON N2G 4Y9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to create two new lots for future development having frontage on King Street East with the first parcel having frontage of 29.7 m (97.44 ft.), by an average depth of 205 m (672.57 ft.) and an area of 1.82 ha (4.5 ac); the second parcel will have frontage of 15.1 m (49.54 ft.), by an average depth of 205 m (672.57 ft.) and an area of 0.69 ha (1.7 ac); a variance from the Zoning By-law is also requested to permit the lot width of 15.1 m (49.54 ft.) on the second parcel rather than the required 16 m (52.49 ft.); also requested is permission for a mutual right-of-way for access over the retained lands in favour of 1. Submission Nos.: B 2002-024, B 2002-025 and A 2002-045 (Cont'd) COMMITTEE OF ADJUSTMENT 136 JULY 23, 2002 the two severed parcels and easements for existing service connections and utilities located on the severed lands. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Business & Planning Services - July 16, 2002 - in support of the minor variance and 2 conveyances of land, subject to certain conditions; request deferral of the request for a mutual right-of-way and easements; Region of Waterloo - July 18, 2002 (respecting B 2002-024 & B 2002-025) in support; note concern with proximity of any access to this property to the rail line crossing King Street; review of operation of King Street access and submission of lot grading plan and stormwater management report required at site plan stage; · Kitchener-Wilmot Hydro Inc. - July 15, 2002 - in support, subject to arrangements for provision of electrical servicing and any required easements on the severed and retained lands; The following had no concerns or comments with respect to this application: · Director of Building - July 5, 2002 · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo - July 16, 2002 (respecting A 2002-045) · Grand River Conservation Authority- July 17, 2002 · Ministry of Transportation - July 10, 2002. Mr. P. Britton reviewed the comments, noting that staff are recommending approval of the minor variance application and the requests for conveyance of land; however, staff request deferral of the requested right-of-way and easements. Mr. Ryan Mounsey, agent for the applicant, provided the following plans for review of the Committee, namely: · original Severance Concept Plan dated June 27, 2002 · aSite Plan · an Overlay Plan · revised Severance Plan dated July 23, 2002 · a revised Parking Plan · a Statistical Summary of comparison from original severance request to revised severance request · a Master Servicing Plan · a proposed Easements Plan dated July 23, 2002. Mr. Ryan Mounsey advised that he wished to address the issues of the right-of-way and easements based on the plans submitted this date. Mr. Mounsey advised that when the site plan and original severance concept plan were compared it was determined that there was an overlap respecting the right-of-way for access. Mr. Mounsey advised that the right-of-way has been revised as shown on the Overlay Plan to add the difference onto the proposed right-of-way. In response to a question from Mr. P. Britton, Mr. B. Sloan advised that the revised plan appears to address the issue of the width of the right-of-way; however, does not show any alteration to the straight line. Mr. Sloan advised that this would be acceptable provided the site plan was updated in accordance with the revised severance plan. In this regard, it was suggested that Condition 4 be modified to provide that the site plan be revised to show all required parking and driveway orientations in accordance with the revised severance plan dated July 23, 2002. Mr. Mounsey then referred to the easements and advised that he had obtained a Master Servicing Plan which had been prepared at the time of demolition of the former Humpty Dumpty Plant. He then referred to the proposed Easements Plan on which the existing easements were highlighted; however, he was not 100% sure of their exact location and would like to prepare a Submission Nos.: B 2002-024, B 2002-025 and A 2002-045 (Cont'd) COMMITTEE OF ADJUSTMENT 137 JULY 23, 2002 reference plan showing all easements. He requested that the Committee consider approving easements for all existing services and utilities across the severed lands in favour of the retained lands subject to their exact location being defined prior to endorsement of the severance deeds. In response to a question from Mr. Britton, Mr. Mounsey advised that an offer to purchase is pending for August 16, 2002 which is prior to the proposed deferral date of August 20, 2002. Mr. Britton requested staff to comment and Mr. Sloan advised that the drawings provided this date were helpful; however, the easements are not specifically defined and he would prefer that the width and exact location of the easements be determined. He stated that this would also allow Engineering staff an opportunity to review the documentation. Mr. Sloan requested that if the Committee recommended approval, that joint maintenance agreements for both the right-of-way and easements would be required; however, he advised that he was not inclined to change his recommendation to defer the issue of the easements. Mr. A. Galloway and Mr. D. Cybalski commented that they were not comfortable with approving the requested easements without benefit of knowing their size and exact location. Mr. R. Mounsey further advised that in addition to existing easements the applicant was requesting easements for signage on the severed lots. Following further discussion, it was determined that there was general concensus among the Committee that the issue of the easements be deferred. Minor Variance A 2002-045 Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of Humpty Dumpty Snack Foods Inc. requesting permission to create a lot having frontage on King Street East of 15.1 m (49.54 ft.) rather than the required 16 m (52.49 ft.), on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, 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 is being maintained on the subject property. Carried Consent B 2002-024 Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That part of the application of Humpty Dumpty Snack Foods Inc. requesting permission to convey a parcel of land having frontage on King Street East of 25.5 m (83.66 ft.), by an average depth of 198.9 m (652.55 ft.) and an area of 1.81 ha (4.5 ac); a mutual right-of-way for access, as shown on revised severance plan dated July 23, 2002, over the retained lands in favour of the severed lands; and granting of any easements required by Kitchener-Wilmot Hydro Inc. for provision of electrical services to the severed and/or retained lands; on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That Minor Variance Application, Submission No. A 2002-045, shall receive final approval. 1. Submission Nos.: B 2002-024, B 2002-025 and A 2002-045 (Cont'd) COMMITTEE OF ADJUSTMENT 138 JULY 23, 2002 2. 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. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. 4. That Site Plan Application SPR01/60/K/NL shall be revised to show all required parking and driveway orientations within the lands to be retained. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of the severed and retained lands, as shown on revised severance plan dated July 23, 2002, to ensure that the mutual right-of-way for access is maintained in perpetuity. 6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for provision of electrical servicing to the lands to be retained and severed. 7. That the owner shall make satisfactory arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 23, 2004; and further, That part of the application of Humpty Dumpty Snack Foods Inc. requesting permission for granting of easements for all existing service connections, utilities and signage over the severed lands in favour of the retained lands on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE DEFERRED, to the August 20, 2002 Committee of Adjustment meeting to allow a draft reference plan showing all existing easements on the subject lands to be prepared and submitted for review by City staff and the Committee of Adjustment. Carried Consent B 2002-025 Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That part of the application of Humpty Dumpty Snack Foods Inc. requesting permission to convey a parcel of land having frontage on King Street East of 15.1 m (49.54 ft.), by an average depth of 198.9 m (652.55 ft.) and an area of 0.69 ha (1.7 ac); a mutual right-of-way for access, as shown on revised severance plan dated July 23, 2002, over the retained lands in favour of the severed lands; and granting of any easements required by Kitchener-Wilmot Hydro Inc. for provision of electrical services to the severed and/or retained lands; Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. Submission Nos.: B 2002-024, B 2002-025 and A 2002-045 (Cont'd) COMMITTEE OF ADJUSTMENT 139 JULY 23, 2002 1. That Minor Variance Application, Submission No. A 2002-045, shall receive final approval. 2. 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. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. 4. That Site Plan Application SPR01/60/K/NL shall be revised to show all required parking and driveway orientations within the lands to be retained. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of the severed and retained lands, as shown on revised severance plan dated July 23, 2002, to ensure that the mutual right-of-way for access is maintained in perpetuity. 6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for provision of electrical servicing to the lands to be retained and severed. 7. That the owner shall make satisfactory arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 23, 2004; and further, That part of the application of Humpty Dumpty Snack Foods Inc. requesting permission for granting of easements for all existing service connections, utilities and signage over the severed lands in favour of the retained lands on Part Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796, 3065 King Street East, Kitchener, Ontario, BE DEFERRED, to the August 20, 2002 Committee of Adjustment meeting to allow a draft reference plan showing all existing easements on the subject lands to be prepared and submitted for review by City staff and the Committee of Adjustment. Carried VALIDATION OF TITLE Submission No.: Applicant: Property Location: Legal Description: VT 2002-001 Freure Developments Limited 382 Wake Robin Crescent Part of Block 3, Registered Plan 58M-55, designated as Parts 64 to 68 inclusive on Reference Plan 58R-11873 1. Submission No.: VT2002-001(Cont'd) COMMITTEE OF ADJUSTMENT 140 JULY 23, 2002 Appearances: In Support: Mr. Bill Green Green Scheels Pidgeon Planning Consultants Limited 201-72 Victoria Street South Kitchener ON N2G 4Y9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is seeking consent for validation of title respecting 382 Wake Robin Crescent. This lot was created through Part Lot Control Exemption. Part Lot Constrol Exemption By-law No. 99-132 applies to Block 3, Plan 58M-55 of which this lot is a part. Lots on either side were conveyed within the term of the by-law, creating the subject lot in similar fashion to a retained parcel. The purchaser's Solicitor has raised concern that the subject lot was not conveyed within the term of By-law No. 99-132. Accordingly, the vendor and the purchaser's Solicitor have agreed to seek a Certificate of Validation. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 18, 2002 -in support; The following had no concerns or comments with respect to this application: · Legal Services - July 15, 2002 · Region of Waterloo - July 18, 2002. Mr. Bill Green, agent for the applicant, provided an overview of the circumstances which brought about the request for a validation of title noting that the concerns raised by the purchaser's Solicitor were of a technical nature wherein the subject lot was conveyed after expiration of a Part Lot Control By-law which established the subject lot by conveyance of properties on either side. Mr. Green advised that due to the difference of opinion with respect to the validity of the conveyance of the subject lot, the Solicitors for the purchaser and the vendor agreed to seek a Certificate of Validation. Mr. Green requested that in the event the Committee supports the request, the wording reflect that the validation is for conveyance and mortgage purposes. Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of Freure Developments Ltd. requesting Validation of Title for conveyance and mortgage purposes on Part of Block 3, Registered Plan 58M-55, designated as Parts 64, 65, 66, 67 and 68 on Reference Plan 58R-11873, 382 Wake Robin Crescent, Kitchener, Ontario, BE GRANTED. It is the opinion of this Committee that the requirements of the Zoning By-law, the City of Kitchener Municipal Plan and the Regional Official Policies Plan are being maintained on the subject property. Carried CONSENT COMMITTEE OF ADJUSTMENT 141 JULY 23, 2002 Submission No.: Applicant: Property Location: Legal Description: B 2002-023 Max Becket Enterprises Ltd. 1170 Fischer-Hallman Road Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423 and Block 12, Plan 58M-78 Mr. P. Britton declared a pecuniary interest in this application as his firm acts on behalf of the applicant and did not participate in any discussion or voting with respect to this application. Mr. Britton left the meeting and Mr. D. Cybalski Chaired the meeting during consideration of this application and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining two members. Appearances: In Support: Mr. Pierre Chauvin MHBC Planning Limited 171 Victoria Street North Kitchener ON N2H 5C5 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 Application, Submission No. B 2002-012. The applicant is now requesting granting of an easement (Part 5 on the draft severance plan) for private service connections over the retained lands (Part 4) in favour of the severed lands (Part 2). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - July 19, 2002 - in support, as amended and subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - July 5, 2002 · Traffic & Parking Analyst - July 17, 2002 · Region of Waterloo - July 18, 2002 · Grand River Conservation Authority- July 17, 2002. Mr. Pierre Chauvin, agent for the applicant, advised that he was in support of the staff recommendations and provided a copy of a draft reference plan dated June 27, 2002. Mr. Chauvin advised that since making application the plan of subdivision affecting the subject lands has been registered on title and the 0.3 m reserve was conveyed back to the applicant. Mr. Chauvin then reviewed the draft reference plan and, in particular, the proposed easement shown as Parts 5 and 6 on the plan. Mr. Chauvin expressed concern with the wording of the condition relative to the joint maintenance agreement and requested that the wording be amended such that the agreement would not encumber the retained lands and refer only to the easement as Parts 5 and 6. Mr. B. Sloan noted that the easement is over the retained lands in favour of the severed lands and it is appropriate for the joint maintenance agreement to apply to both parcels. He further noted that the easement would be identified within the wording of the agreement. Following further discussion, Mr. Sloan suggested that the wording of the condition be amended to include wording to the effect that the easement is shown as Parts 5 and 6 on the draft reference plan. Submission No.: B 2002-023 (Cont'd) COMMITTEE OF ADJUSTMENT 142 JULY 23, 2002 The Committee then entered into a discussion with respect to the need for conveyance of the 0.3 m reserve as lot additions to the original severed and retained lands given the reserve lands had already been conveyed by the City back to the applicant. The Committee was unable to determine if the reserve lands had actually merged on title with the original severed and retained lands. Accordingly, it was determined that as it is possible the reserve lands could be under the same ownership but still remain a separate parcel, the reserve lands shown as Parts 1, 3 and 6 should be reconveyed as lot additions to the original severed and retained lands to ensure all merged appropriately on title. Moved by Mr. A. Galloway Seconded by Mr. D. Cybalski That the application of Max Becker Enterprises Ltd. requesting permission for the following conveyances and granting of an easement, namely: a) conveyance of a parcel of land as a lot addition, shown as Part 3 on draft reference plan dated June 27, 2002 (hereinafter referred to as the "said draft reference plan"), to the abutting lands shown as Parts 4 and 5 on the said draft reference plan; b) conveyance of a parcel of land as a lot addition, shown as Part 6 on the said draft reference plan, to the abutting lands shown as Parts 4 and 5 on the said draft reference plan; c) conveyance of a parcel of land as a lot addition, shown as Part 1 on the said draft reference plan, to the abutting lands shown as Part 2 on the said draft reference plan; d) granting of an easement, 10 m wide in size, shown as Parts 5 and 6 on the said draft reference plan, for private service connections to the municipal water supply over Parts 3 to 6 inclusive in favour of Parts 1 and 2, as shown on the said draft reference plan; on Part Lot 6, Registered Plan 1470, designated as Part 1 on Reference Plan 58R-11423 and Block 12, Plan 58M-78, 1170 Fischer-Hallman Road, Kitchener, Ontario, BE GRANTED, 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. That the lands to be severed shall be added to the abutting lands and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcels to be severed shall comply with Section 50 (3) and/or (5) of the Planning Act, 1995. That a joint maintenance agreement, to be approved by the City Solicitor, shall be registered against title of Parts 1 and 2, as shown on draft reference plan dated June 27, 2002, and against title of Parts 3 to 6 inclusive, as shown on the aforementioned plan, to ensure that the servicing easement, shown as Parts 5 and 6 on the aforementioned plan, is maintained in perpetuity. 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 fulfill the above- noted conditions within one year of the date of giving notice of this decision. 1. Submission No.: B 2002-023 (Cont'd) COMMITTEE OF ADJUSTMENT 143 JULY 23, 2002 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 July 23, 2004. ADJOURNMENT On motion, the meeting adjourned at 2:00 p.m. Dated at the City of Kitchener this 23rd day of July, 2002. Carried J. Billett Secretary-Treasurer Committee of Adjustment