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HomeMy WebLinkAboutAdjustment - 2002-08-20 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 20, 2002 MEMBERS PRESENT: Messrs. S. Kay, D. Cybalski and B. Isaac. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9.35 a.m. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the minutes of the regular meeting of the Committee of Adjustment of July 23, 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 Appearances: In Support: Mr. Hugh Handy Green Scheels Pidgeon Planning Consultants 201-72 Victoria Street South Kitchener ON N2G 4Y9 Contra: None Public Submissions: In Support: None Contra: None This application was originally considered by the Committee at its meeting held on June 18, 2002 at which time it was deferred at the request of Mr. Hugh Handy, agent for the applicant, to provide opportunity for further consultation with City staff to examine possible servicing solutions. The Committee was previously advised that the applicant is requesting permission to create one new lot by severing a parcel of land proposed for a residential care facility having frontage on Weber Street East of 159 m (521.65 ft.), by a depth of 87.5 m (287.07 ft.) and an area of 0.86 ha (2.125 ac); mutual rights-of-way for access over both the retained and severed parcels in favour of each other; and easements for sanitary services and storm water management. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 145 AUGUST 20, 2002 1. Submission No.: B 2002-016 (Cont'd) · Business & Planning Services - June 12, 2002 - requesting deferral; and revised comments - August 16, 2002 - in support, subject to certain conditions; Region of Waterloo - June 13, 2002 and revised comments - August 19, 2002 - in support, subject to an easement in favour of the Region along the access to Weber Street for maintenance of future traffic control devices; The following had no concerns or comments with respect to this application: · Director of Building - June 13, 2002 · Traffic & Parking Analyst- June 18, 2002 · Grand River Conservation Authority- June 11,2002. The Chair reviewed the comments, noting that staff are recommending approval of the application subject to certain conditions and also noted the condition requested by the Region of Waterloo for granting of an easement along the access to Weber Street for maintenance for future traffic control devices. With respect to the Regional condition, Mr. S. Kay questioned if the applicant would be required to submit an application to request the easement and the Secretary- Treasurer advised that the current application could be amended to add the additional easement. Mr. Hugh Handy provided the Committee with a revised plan dated August 20, 2002, illustrating the retained and severed parcels, together with existing and proposed servicing on the subject property. He pointed out that the severed parcel will contain a residential care facility and the retained lands comprise existing townhouse dwellings. He reviewed the location of the proposed rights-of-way over both the retained and severed lands in favour of each other for the purpose of ingress and egress. Mr. Handy then referred to the easement for stormwater management and advised that it is proposed the easement be reciprocal to both parcels. He noted that the flow originates on the retained lands, collecting overland and in underground storage vaults on the severed lands. He further noted that the City has requested separate servicing for sanitary services which is now proposed as shown on the revised plan, eliminating the need for an easement for sanitary services. Mr. Handy also reviewed the easement requested by the Region which would be located on the front portion of the severed parcel where an access to Weber Street is proposed and the easement would be for maintenance of future traffic control devices installed by the Region. Mr. Handy advised that the applicant has no difficulty with the Region's request for this easement. In response to a question from Mr. S. Kay, Mr. B. Sloan advised that staff are satisfied with the servicing plans showing separate services for sanitary services on the severed parcel and have no difficulty with the severance or the proposed rights-of-way. He commented that staff were not aware, however, of the extent of the proposed easement for stormwater management and suggested that the issue of this easement be deferred to allow Engineering staff an opportunity to review the revised plan submitted this date. Mr. Handy commented that Engineering staff were aware of where the stormwater management facility was located on the property and where the severance line would be and, in his opinion, had sufficient opportunity to deal with this issue. Mr. Handy further suggested that details of the easement could be finalized through preparation of the draft reference plan. Mr. Handy indicated that there was some urgency to finalize the consent application to allow a mortgage to be put in place for the proposed development. Mr. S. Kay suggested that given staff have not had an opportunity to review the plan submitted this date, that the application be temporarily set aside to allow Mr. Handy an opportunity to seek out Engineering staff to provide comment on the issue of the reciprocal easement for stormwater management this date. The application could then be reconvened later during this meeting for a decision to be rendered. Mr. Handy agreed to set the application aside for the purpose of obtaining comment from Engineering staff relative to the issue of stormwater management. Consideration of this application was reconvened under Consent Item #2 following the conclusion of consideration of the remainder of the applications listed on the Committee's agenda this date. COMMITTEE OF ADJUSTMENT 146 AUGUST 20, 2002 Submission Nos.: Applicant: Property Location: Legal Description: B 2002-024 & B 2002-025 Humpty Dumpty Snack Foods Inc. 3065 King Street East Part of Lots 31 and 33, Municipal Compiled Plan 986, designated as Part 1 on Reference Plan 58R-1796 The Chair advised that the Committee was in receipt of a letter dated August 15, 2002 from Mr. Ryan Mounsey, Green Scheels Pidgeon Planning Consultants Limited, agent for the applicant, requesting deferral of this application to the Committee's next meeting. By general consent, it was agreed that these applications would be deferred to the Committee's meeting to be held on September 10, 2002. The Committee then recessed the meeting temporarily, at 9:50 a.m. in order to consider applications for minor variance to the City of Kitchener's Sign and Fence By-laws. This meeting reconvened at 10:10 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-046 James McAleney 331 Park Street Lot 3, Re.qistered Plan 261 Appearances: In Support: Mr. James McAleney 331 Park Street Kitchener ON N2G 1N2 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a second storey addition having a westerly sideyard of 0.83 m (2.75 ft.), rather than the required 1.2 m (4 ft.) and a rearyard of 5.48 m (18 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 - August 9, 2002 -in support, as amended; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo - July 31,2002 · Grand River Conservation Authority- August 9, 2002. The Chair reviewed the comments, noting that staff are recommending approval of the application subject to an amendment to permit a reduction in the southerly sideyard setback from 3 m to 2.72 m. Mr. James McAleney advised that he was in agreement with amending his application as recommended by staff. COMMITTEE OF ADJUSTMENT 147 AUGUST 20, 2002 Submission No.: A2002-046 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of James McAleney requesting permission to construct a second storey addition having a westerly sideyard setback of 0.83 m (2.75 ft.), rather than the required 1.2 m (4 ft.), a southerly sideyard setback of 2.72 m (8.92 ft.), rather than the required 3 m (9.84 ft.), and a rearyard setback of 5.48 m (18 ft.), rather than the required 7.5 m (24.6 ft.), on Lot 3, Registered Plan 261,331 Park Street, Kitchener, Ontario, BE APPROVED. 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: Le.qal Description: A 2002-047 David & Rita Wall 185 Northmanor Crescent Lot 79, Re.qistered Plan 1716 Appearances: In Support: Ms. Rita Wall c/o 393 Churchill Court Unit B Waterloo ON N2L 6B4 Contra: None Public Submissions: In Support: Ms. Rita Wall c/o 393 Churchill Court Unit B Waterloo ON N2L 6B4 Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing rearyard deck 0.78 m (2 ft. 7 in.) in height from ground level having a 0 m easterly sideyard rather than the required 1.2 m (4 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - August 12, 2002 - recommending refusal; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo - July 31,2002 · Grand River Conservation Authority- August 9, 2002; Ms. Rita Wall - August 20, 2002 - comments in support of legalizing the existing deck respecting issues concerning elevation of the deck and impact on the privacy of the southerly adjacent property. COMMITTEE OF ADJUSTMENT 148 AUGUST 20, 2002 Submission No.: A2002-047(Cont'd) Ms. Rita Wall advised that she was the previous owner of the subject property and since filing the application the property had been sold to a new owner. In response to a question from Mr. S. Kay, Ms. Wall advised that the variance application was submitted and the affidavit for the application was sworn both on July 5, 2002 and the closing date for the sale of the subject property was July 12, 2002. Ms. Wall further advised that prior to the closing date she and her husband had received notification by mail from the City that the deck was not in compliance with zoning regulations and had felt an obligation to file an application. In response to a further question from Mr. Kay, Ms. Wall advised that the Offer to Purchase agreement did not contain a condition requiring Mr. & Mrs. Wall to complete the variance application. Mr. Kay questioned if the new owner had knowledge of this application and Ms. Wall stated that she was uncertain if they were aware of the application. She pointed out that she had attempted to speak with the new owner recently; however, had not found them home at the time. Mr. Kay suggested that this application be deferred as it was questionable whether Ms. Wall had legal standing with respect to the application given she no longer owned the subject property. He suggested that attempts be made to notify the current owner to make them aware of the application and provide them with the opportunity to assume the application or to provide Ms. Wall with written authorization to act on their behalf. Ms. Wall advised that she was relocating to the United States and would not be able to attend further meetings respecting this application. Moved by Mr. S. Kay Seconded by Mr. B. Isaac That having been made aware at its meeting held on August 20, 2002 of a change in ownership of the subject lands, the Committee of Adjustment directs that Minor Variance Application, Submission No. A 2002-047, as applied for by David & Rita Wall for the property known municipally as 185 Northmanor Crescent, Kitchener, Ontario, BE DEFERRED to the September 10, 2002 Committee of Adjustment meeting, pending notification by registered mail to the new owner(s) of the date and time this application is now to be considered by the Committee. Carried Submission No.: Applicant: Property Location: Legal Description: A 2002-048 Ball Brothers Ltd. 800 King Street West Subdivision of Lot 15, German Company Tract, Lot 22 to 25, Part Lane Appearances: In Support: Mr. Edward Thomas RHL Architects 279 Queen Street South Kitchener ON N2G 1W4 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct an asphalt parking area having a 2.4 m (7.87 ft.) setback from the lot line adjacent to Linwood Avenue rather than the required 3 m (9.84 ft.). COMMITTEE OF ADJUSTMENT 149 AUGUST 20, 2002 Submission No.: A2002-048 (Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - August 9, 2002 -in support; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo - July 31,2002 · Grand River Conservation Authority- August 9, 2002. The Chair reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Thomas had anything further to add. Mr. E. Thomas advised that he had reviewed the staff report and had nothing further to add. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Ball Brothers Ltd. requesting permission to construct an asphalt parking area having a 2.4 m (7.87 ft.) setback from the lot line adjacent to Linwood Avenue rather than the required 3 m (9.84 ft.), on Subdivision of Lot 15, German Company Tract, Lot 22 to 25, Part Lane, 800 King Street West, 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 Submission No.: Applicant: Property Location: Legal Description: A 2002-049 Viet-Thai Restaurant Inc. 387-397 King Street East Part Lots 17 & 18, Registered Plan 364, Part Lot 19, Registered Plan 365 Appearances: In Support: Mr. James Fryett James Fryett Architect 60 Gilkinson Street Elora ON NOB lS0 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a commercial building for restaurant use having a 1.2 m (4 ft.) rearyard setback rather than the required 7.5 m (24.6 ft.) and a 0 m setback for parking spaces/aisles from the lot line adjacent to King Street East rather than the required 3 m (9.84 ft.). COMMITTEE OF ADJUSTMENT 150 AUGUST 20, 2002 4. Submission No.: A2002-049 (Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - August 13, 2002 -in support; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo- July 31,2002 · Grand River Conservation Authority- August 9, 2002. The Chair reviewed the staff comments, noting that staff were recommending approval of the application. In response to questions from Mr. S. Kay, Mr. J. Fryett clarified that technically frontage of the property is considered to be on Madison Avenue; however, the main entrance to the proposed restaurant will face King Street. Mr. Fryett also advised that development is being undertaken in 2 phases on the subject parcel and the design concept drawing includes the building footprint for a second building that is proposed under Phase 2. Mr. Kay requested clarification of the requested variance for parking relative to the location of the spaces and what was intended under Phase 2 of the project. Mr. Fryett commented that the parking area adjacent to King Street is currently non-conforming because of a road widening taken in 1999 and it is proposed to remain in its present location in the short term. He pointed out that under Phase 2 of the project parking will be redesigned and the parking variance would then be eliminated. In response to further questions from Mr. Kay, Mr. Fryett advised that the subject parcel was purchased by Viet-Thai Restaurant Inc. and previously the property had been leased as a parking lot by the City of Kitchener. Mr. D. Cybalski questioned the outcome of site plan review and Mr. B. Sloan advised that the site plan was approved, in principle, with slight modifications not affecting the proposed building and subject to minor variance approval. Mr. Cybalski questioned what was proposed for parking under Phase 2 and Mr. Fryett advised that the parking design had not yet been considered in detail; however, it was anticipated that it would be necessary to consider underground parking to meet the parking requirements. Mr. Kay commented that it has been the City's policy to bring non-conforming situations into conformity as new development takes place and questioned why staff are recommending continuance of the non-conforming parking area. Mr. Sloan stated that while it is preferred to eliminate non-conforming situations, in dealing with a number of infill developments staff have come to recognize that it is often too onerous for the developer to achieve full compliance. In this instance, Mr. Sloan pointed out that the intent of the setback requirements for parking is to screen the parking lots and ensure there are no visibility concerns. He pointed out that on this lot there is a 3 m landscaped area and extensive planters that act as a buffer between the parking area and King Street which is likely to remain given that no further widening is proposed for King Street in this area. He further noted that the variance is proposed as interim use only and is not expected to remain permanent. Mr. Kay suggested that a time limit be imposed for the parking variance; however, Mr. Sloan advised that staff are prepared to accept the variance in perpetuity, referring again to difficulties associated with infill development and the desire to see use of inner areas improved. In response to a question from Mr. B. Isaac, Mr. Fryett advised that the landscaping area referred to consists of grass and City-owned trees and the distance between the property line and the sidewalk was approximately 4.5 m. Mr. Kay requested clarification as to the location of the lot line adjacent to King Street and Mr. Fryett provided a revised site plan drawing for review. Mr. Fryett pointed out that moving the parking spaces back 3 m would necessitate creation of parallel parking to avoid obstructing the access from Madison Avenue, which would result in further non-compliance with respect to the number of parking spaces required as too many spaces would be lost. COMMITTEE OF ADJUSTMENT 151 AUGUST 20, 2002 Submission No.: A2002-049 (Cont'd) Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Viet-Thai Restaurant Inc. requesting permission to construct a commercial building for restaurant use having a 1.2 m (4 ft.) rearyard setback, rather than the required 7.5 m (24.6 ft.) and a 0 m setback for parking spaces/aisles from the lot line adjacent to King Street East, rather than the required 3 m (9.84 ft.), on Part Lots 17 & 18, Registered Plan 364 and Part Lot 19, Registered Plan 365, 387-397 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall be generally in accordance with the revised site plan submitted to the Committee of Adjustment on, and dated August 20, 2002. 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 2002-050 Craig & Joyce Strudwick 47 Winslow Drive Lot 17, Re.qistered Plan 315 Appearances: In Support: Mr. & Mrs. Craig Strudwick 47 Winslow Drive Kitchener ON N2M 3C9 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to construct a single storey basement rear addition with deck on top having a northerly sideyard setback of 1.13 m (3.72 ft.), rather than the required 1.2 m (4 ft.) and a rearyard setback of 6.76 m (22.18 ft.), rather than the required 7.5 m (24.6 ft.). In addition, the applicant also requests permission to construct an attached garage/carport having a southerly sideyard of 0.15 m (0.49 ft.) rather than the required 1.2 m (4 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Business & Planning Services - August 13, 2002 - requesting deferral of the application to allow a revised plan to be submitted that demonstrates compliance with the maximum lot coverage requirement; COMMITTEE OF ADJUSTMENT 152 AUGUST 20, 2002 Submission No.: A2002-050 (Cont'd) Director of Building - August 10, 2002 - in support, subject to a building permit, exterior wall of garage addition to have non-combustible cladding and a 45 minute fire rating, and drainage from garage roof addition to be directed onto the subject property; · Kitchener-Wilmot Hydro Inc.- August 20, 2002 - in support, subject to meter being relocated to outside wall of new structure; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo - July 31,2002 · Grand River Conservation Authority- August 9, 2002. The Chair reviewed the staff comments, noting that staff are recommending deferral of the application to allow a revised plan to be prepared and submitted for review that would show compliance with the maximum lot coverage requirement of 45% for the proposed additions. Mr. & Mrs. Craig Studwick provided a revised drawing this date illustrating a reduction in the size of the proposed carport addition. Mr. B. Sloan advised that following review of the application it was determined that the proposed additions would exceed the maximum lot coverage of 45%. He stated that staff were of the opinion the proposed additions could be altered to comply with the maximum lot coverage requirement and accordingly, staff recommended deferral pending submission of a revised plan. Mr. Sloan requested that given the revised plan had just been received, the application still be deferred to provide staff an opportunity to properly analyze the revisions and confirm compliance with the maximum lot coverage. In response to Mr. S. Kay, Mr. & Mrs. Strudwick agreed to defer the application to the Committee's next meeting. By general consent, it was agreed to defer this application to the Committee's meeting to be held on Tuesday, September 10, 2002. Submission No.: Applicant: Property Location: Le.qal Description: A 2002-051 Ladara Construction Ltd. 5 Agnes Street/693 King Street West Part Lot 38, Re.qistered Plan 377 Appearances: In Support: Mr. Hans Mahlstedt 82 Huron Street New Hamburg ON NOB 2G0 Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to legalize an existing residential lodging house having a frontyard setback of 3 m (9.84 ft.), rather than the required 4.5 m (14.76 ft.), a westerly sideyard setback of 1.76 m (5.77 ft.), rather than the required 4.5 m (14.76 ft.), and for a reduction in the number of required parking spaces from 4 spaces to 3. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 153 AUGUST 20, 2002 6. Submission No.: A2002-051(Cont'd) · Business & Planning Services - August 9, 2002 - in support, as amended; · Region of Waterloo - July 31, 2002 - in support; note that a minimum 3 m road allowance widening can be expected; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Grand River Conservation Authority- August 9, 2002. The Chair reviewed the comments, noting that staff have determined the requested variance for front and sideyard setbacks are not required as they are considered to have legal status under the Vacuum Clause Regulations of the City's Zoning By-law. Mr. Kay further noted that staff recommend amending the variance for parking to permit 6 parking spaces in 3 tandem aisles and to allow the vehicles using the parking area to exit the street in a reverse motion. Mr. Kay enquired if Mr. Mahlstedt had anything further to add and Mr. Mahlstedt advised that he had reviewed the staff comments and was in agreement with the amendments proposed. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Ladara Construction Ltd. requesting permission to locate 6 parking spaces on the subject lands in 3 tandem aisles, rather than side-by-side and to permit vehicles to exit the parking spaces in a reverse motion, on Part Lot 38, Registered Plan 377, 5 Agnes Street and 693 King Street West, Kitchener, Ontario, BE APPROVED. 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 CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2002-026 Faith Lutheran Church 247 Westmount Road East Lot 1, Registered Plan 1020, Part Lot 36, Registered Plan 785 Appearances: In Support: Contra: Joseph Jack 249 Village Road Kitchener ON N2M 4L3 Mr. Chris Pidgeon Green Scheels Pidgeon Planning Consultants 201-72 Victoria Street South Kitchener ON N2G 4Y9 Heather Brook 5 Birchcliffe Avenue Kitchener ON N2M 4V7 Cindy Rehberg 195 Village Road Kitchener ON N2M 4L3 Hilde Illing 350 Greenbrook Drive Kitchener ON N2M 4K4 Jerry & Diane MacMillan 57 Village Road Kitchener ON N2M 4K9 COMMITTEE OF ADJ USTM ENT 154 AUG UST 20, 2002 Submission No.: B 2002-026 (Cont'd) John & Thora Marsh 42 Village Road Kitchener ON N2M 4L2 Joan MacPherson 12 Village Road Kitchener ON N2M 4L1 Jane Martin 264 Village Road Kitchener ON N2M 4L4 Frank & Marlene Rutz 279 Village Road Kitchener ON N2M 4L3 Wendy Shaw 274 Village Road Kitchener ON N2M 4L4 Debbie Ferguson 237 Village Road Kitchener ON N2M 4L3 Helga Maar 250 Village Road Kitchener ON N2M 4L4 Katharine Werner 280 Village Road Kitchener ON N2M 4L4 Andrew Van Loon 273 Village Road Kitchener ON N2M 4L3 Steve & Jean Ziegler 254 Village Road Kitchener ON N2M 4L4 Steven, Janet & Mark Petts 259 Village Road Kitchener ON N2M 4L3 Graeme & Ginny Jans 54 Village Road Kitchener ON N2M 4L2 Irene Hugel 60 Village Road Kitchener ON N2M 4L2 Arnold Barker 323 Greenbrook Drive Kitchener ON N2M 4K1 Joseph Quessy 317 Greenbrook Drive Kitchener ON N2M 4K1 Edward Scott 199 Village Road Kitchener ON N2M 4L3 Lynn Ring 223 Village Road Kitchener ON N2M 4L3 Lorne & Lillian Wilhelm 205 Village Road Kitchener ON N2M 4L3 Gerald & Muriel LaPlante 135 Village Road Kitchene ON N2M 4K9 Eric & Lillian Paul 101 Village Road Kitchener ON N2M 4K9 Public Submissions: In Support: None Contra: Graeme & Ginny Jans 54 Village Road Kitchener ON N2M 4L2 Brad Ferguson 237 Village Road Kitchener ON N2M 4L3 Steve & Jean Ziegler 254 Village Road Kitchener ON N2M 4L4 Janet Bannister & Michael Moore 273 Stonybrook Drive Kitchener ON N2M 4L8 Eric & Lillian Paul 101 Village Road Kitchener ON N2M 4K9 David & Pamela Thorn 207 Stonybrook Drive Kitchener ON N2M 4L8 Gerard & Muriel La Plante 135 Village Road Kitchener ON N2M 4K9 Larry & Nancy Wiegand 279 Stonybrook Drive Kitchener ON N2M 4L8 Darcy & Wendy Shaw 274 Village Road Kitchener ON N2M 4L4 Tanya Goebels & Paul Fischer 231 Village Road Kitchener ON N2M 4L3 Cindy Rehberg 195 Village Road Kitchener ON N2M 4L3 Elizabeth M. Varney 25 Village Road Kitchener ON N2M 4K9 Joseph Quessy 317 Greenbrook Drive Kitchener ON N2M 4K1 The Committee was advised that the applicant is requesting permission to create one new block of land for future development of 12 duplex buildings, having frontage on Village Road of 68.6 m (225.06 ft.), by a depth of 60.9 m (199.80 ft.) and an area of 4,180 m2 (44,994.61 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 155 AUGUST 20, 2002 Submission No.: B 2002-026 (Cont'd) · Business & Planning Services - August 6, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - August 10, 2002 · Traffic & Parking Analyst- July 31,2002 · Region of Waterloo -August 14, 2002 · Grand River Conservation Authority- August 9, 2002. · Letters of objection from the following area residents were received: · Graeme & Ginny Jans · Janet Bannister & Michael Moore · David & Pamela Thorn · Larry & NancyWiegand · Tanya Goebels & Paul Fischer · Elizabeth M. Varney · Joseph Quessy · Brad Ferguson · Eric & Lillian Paul · Gerard & Muriel La Plante · Darcy &Wendy Shaw · Cindy Rehberg · Steve & Jean Ziegler concerns raised relate primarily to the proposed development of 12 duplex buildings on the severed parcel and in particular, to the following issues: · appropriateness of the proposed development · density of the proposed development · increased traffic, parking and noise levels · decreased property values · increased demand on sanitary/water services, garbage disposal and policing · incompatibility of duplexes within the character of the neighbourhood which consists primarily of single residential dwellings · loss of trees and environmental impact to greenbelt area · safety and security concerns · impact to adjacent public amenity area (Foresthill Park). Mr. S. Kay questioned if a spokesperson for those present opposing the application had been appointed and Ms. Wendy Shaw, owner of 274 Village Road, advised that she would speak on behalf of the residents in attendance. Ms. Shaw, together with Mr. Graeme Jans and Ms. Heather Brook came forward to represent the residents in opposition to the application. Mr. Chris Pidgeon, Green Scheels Pidgeon Planning Consultants Limited, was in attendance to support the application on behalf of the Faith Lutheran Church and his client, Menno Homes who is the prospective purchaser of the severed parcel. Mr. Pidgeon presented a sketchboard of the subject property and outlined the boundaries of the severed and retained parcels. He noted that the Lutheran Church will be constructing a new church facility on the retained lands and the 1 acre parcel to the rear proposed to be severed has been determined as surplus to the Church's needs. He advised that the Church has obtained site plan approval for the new facility and will be commencing construction in the near future. He further noted that the Church has an Agreement of Purchase and Sale for the severed lands with Menno Homes, subject to the severance application being completed. Mr. Pidgeon then provided description of properties in the surrounding area as shown on the sketchboard and also submitted photographs of various properties in the surrounding area for review by the Committee. He noted that the subject lands are designated Iowrise residential and are zoned Institutional 1 which permits a wide range of housing types, including singles, semis and duplexes. He commented that Menno Homes has not finalized development plans for the severed parcel; however, advised that it is a non-profit organization which has received grant funding from the Region of Waterloo intended for an affordable housing project. Mr. Pidgeon acknowledged a previous neighbourhood meeting held at the Church with area residents respecting a townhouse concept proposal which received strong opposition. Since then, he advised that Menno Homes has put forward a concept proposal for 12 duplex buildings to the City's Technical Review Committee and it was determined that a zone change application will be required to permit the development. Mr. Pidgeon advised that Menno Homes has agreed to hold a future public meeting prior to the statutory public meeting required for a zone change application to present a land use concept proposal to area COMMITTEE OF ADJUSTMENT 156 AUGUST 20, 2002 1. Submission No.: B 2002-026 (Cont'd) residents. Mr. Pidgeon stated that all that is being requested at this time is permission to severe the surplus land. He further stated that whether or not the severed parcel is purchased by Menno Homes, the Church still wants to severe the surplus parcel so it can be marketed and ultimately sold. In response to a question from Mr. Kay, Mr. Pidgeon advised that while duplex is a permitted use within the current zoning only one building per block of land is permitted and the concept plan is for a number of duplex buildings. He pointed out that the type of development proposal is for condo tenure and a condominium application will also be required. He stated that the zone change application would be for a change in regulation only and not for land use. In response to a further question from Mr. Kay, Mr. Pidgeon advised that the development of the severed parcel would be dealt with through the zone change process outside of the Committee of Adjustment forum. Ms. Wendy Shaw advised that the residents in attendance this date were strongly opposed to the proposed land use of the severed parcel and while she appreciated that the zone change process was outside of the forum this date, it was considered the first step in the process and if approved, the proposed development of duplexes would proceed. Mr. Graeme Jans pointed out that the notice given for this application makes mention of future development of 12 duplex buildings and suggested this was somewhat presumptuous. In response to Mr. Kay, the Secretary-Treasurer advised that it is not unusual to include information respecting proposed development on a parcel of land to be severed within the notice and that such information was also included within the application for consent. Mr. Kay commented that details of the proposed development have been provided for purpose of information and suggested that had it not been included, complaints would be received that residents were not notified soon enough. Mr. Kay clarified for those in attendance that any future development that involved anything more than construction of 1 building would require a zone change application and the purpose of this application was only to sever the land. Mr. Kay further commented that while he appreciated the concerns respecting the nature of the proposed development, he suggested that this was not forum to argue the use of the land and the residents were premature in their objection. Mr. Kay advised that the Committee of Adjustment was not approving the land use for the severed parcel but rather only granting a severance of land. Ms. Shaw stated that the residents understood a zone change process would be required for the proposed development; however, wished to make clear this date that they are strongly opposed to the proposed development. In response to a question from Mr. Jans, Mr. Kay advised that the objections submitted in writing respecting the Committee of Adjustment application would not carry forward to any future planning application and the residents should ensure that any objections that they may have with respect to future planning applications be submitted at the appropriate time. In response to a question from Mr. Kay, Mr. Pidgeon advised that a zone change application had not yet been filed but was expected to be filed within the next few weeks. Mr. Kay pointed out to the residents present that the prospective purchaser has agreed to a preliminary meeting with residents to review land use concept plans which would be followed then by a further public meeting for the zone change process. Mr. Joseph Quessy requested the Committee read his letter of objection for the record and Mr. Kay complied. In response to a question from Mr. Jans, Mr. Pidgeon explained the concept of vacant land condominium which allows vacant land to be divided into parcels under one ownership which can be rented and/or owner occupied. Mr. Lorne Wilhelm, owner of 205 Village Road, came forward and pointed out that the parcel to be severed contained part of the parking lot for the existing church and questioned how the church intended to meet parking requirements given then new facility was to be larger. Mr. Kay advised Mr. Wilhelm that the Church applied for site plan approval which has been granted by the COMMITTEE OF ADJUSTMENT 157 AUGUST 20, 2002 Submission No.: B 2002-026 (Cont'd) City and pointed out that as part of site plan approval parking is taken into consideration and given the plan has been approved assumes the City finds the parking arrangements to be adequate. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the application of Faith Lutheran Church requesting permission to convey a block of land for future residential development, having frontage on Village Road of 68.6 m (225.06 ft.) by a depth of 60.9 m (199.80 ft.) and an area of 4,180 m2 (44,994.61 sq. ft.), on Lot 1, Registered Plan 1020 and Part Lot 36, Registered Plan 785, 247 Westmount Road East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 2. 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. 3. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of outstanding municipal property taxes and/or local improvement charges. 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 August 20, 2004. Carried 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 This application was set aside earlier in the meeting this date to allow Mr. Hugh Handy an opportunity to seek out Engineering staff for comment on the proposed easement for stormwater management. Mr. Hugh Handy was again in attendance and provided the Committee with a memorandum from Mr. George MacDuff, Engineering Technologist for the City of Kitchener, in which Mr. MacDuff advised that an easement for drainage and stormwater management in favour of both parties was acceptable to Engineering Services and further notes that reference plans describing each of the land parcels will have to be submitted to Engineering Services for review. COMMITTEE OF ADJUSTMENT 158 AUGUST 20, 2002 2. Submission No.: B 2002-016 (Cont'd) Mr. Kay pointed out that stormwater drainage would flow from the retained lands over the severed lands and questioned if the easement should be only over the severed in favour of the retained land. Mr. Handy advised that a reciprocal easement is requested in the event that the stormwater management facility on either parcel would require maintenance by either party. He further pointed out that the easements would be subject to a maintenance agreement. Moved by Mr. S. Kay Seconded by Mr. D. Cybalski That the application of Emmanuel Village Homes (Kitchener) Inc. requesting permission to convey a parcel of land proposed for residential care facility development, having frontage on Weber Street East of 159 m (521.65 ft.), by a depth of 87.5 m (287.07 ft.) and an area of 0.86 ha (2.125 ac); granting of mutual rights-of-way for access over both the retained and severed lands in favour of each other as shown on the revised site plan dated August 20, 2002; granting of mutual easements for stormwater management and drainage over the both the retained and severed lands in favour of each other; and granting of an easement required by the Regional Municipality of Waterloo along the access to Weber Street to provide for the maintenance of future traffic control devices; on 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, 1250 Weber Street East, Kitchener, Ontario, BE GRANTED subject to the following conditions: 1. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for installation of all new service connections to the severed and retained lands. 2. That a draft reference plan showing the proposed rights-of-way, as shown on the revised site plan dated August 20, 2002, be approved by the City's principal planner. That a draft reference plan showing the easements for stormwater management and drainage being granted reciprocally on all the severed and retained lands as the case may be, be approved by the City's Engineering Services. 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. 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 the easements for drainage and stormwater management to both properties are maintained in perpetuity. 6. 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 grant an easement in favour of the Regional Municipality of Waterloo along the access to Weber Street to provide for the maintenance of future traffic control devices. 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. COMMITTEE OF ADJUSTMENT 159 AUGUST 20, 2002 Submission No.: B 2002-016 (Cont'd) 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 August 20, 2004. Carried ADJOURNMENT On motion, the meeting adjourned at 11:25 a.m. Dated at the City of Kitchener this 20th day of August, 2002. J. Billett Secretary-Treasurer Committee of Adjustment Principal Planner