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HomeMy WebLinkAboutAdjustment - 2002-09-10 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 10, 2002 MEMBERS PRESENT: Messrs. P. Kruse, B. Isaac and D. Cybalski. OFFICIALS PRESENT: Ms. J. Given, Principal Planner, Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. P. Kruse, Vice-Chair, called this meeting to order at 9:40 a.m. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of August 20, 2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-010 Nurko Sokolovic 727-729 King Street East Lot 5, Re.qistered Plan 634 Appearances: In Support: Mr. Brian Kelly, Kelly & Co. Mr. Nurko Sokolovic Contra: None Public Submissions: In Support: Mr. Brian Kelly, Kelly & Co. Contra: None This application was originally considered at the January 29, 2002 Committee of Adjustment meeting at which time it was deferred to the April 16, 2002 meeting and subsequently deferred again to the June 18, 2002 meeting to allow an opportunity for an off-site parking agreement to be finalized. The Committee was previously advised that the applicant is requesting permission for a reduction in the number of parking spaces required for expansion of an existing restaurant use from 36 parking spaces to 10. This application was amended at the January 29, 2002, Committee of Adjustment meeting to request permission for a reduction in the number of parking spaces required for use of the upper floor of the existing building as restaurant, from 16 parking spaces to 7. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Business & Planning Services - June 13, 2002 - opposed; concerns remain the same as outlined in comments dated January 21,2002, as documented in the January 29 minutes; COMMITTEE OF ADJUSTMENT 161 SEPTEMBER 10, 2002 1. Submission No.: A2002-010 (Cont'd) · Traffic & Parking Analyst - June 12, 2002 - opposed; concerns relate to lack of on-street and alternate parking in the area; · Mr. Brian Kelly, Kelly & Co. - June 6, 2002 - in support; revised draft off-site parking agreement; · Legal Services - June 14, 2002 - suggested revisions to the June 6th draft off-site parking agreement. Mr. Brian Kelly, Solicitor for the applicant, advised that his client has made arrangements to provide 7 off-site parking spaces on a neighbouring property owned by Windale Services and Enterprises Ltd. Mr. Kelly pointed out, however, that while Windale is willing to sign an off-site parking agreement they are not willing to have the agreement registered on title. Accordingly, he advised that his client wishes to amend the application to also seek relief from Section 6.1.1.1 (a) (iii) of the City's Zoning By-law with respect to registering the agreement on title of the neighbouring property. In support of the application, Mr. Kelly reviewed a previous Ontario Municipal Board (OMB) decision wherein 10 parking spaces were to be provided, were considered to have a negligible effect on the community and therefore considered to be minor. He suggested that if 10 parking spaces could be considered negligible than 7 spaces was not that distant and could also be considered likewise. Mr. Kelly further suggested that the proposed agreement once signed by all parties would be binding in itself regardless of registration and Windale would be obligated to inform his client and the City of any change in circumstances that would result in the parking spaces no longer being available. Mr. Kelly requested that given his client has an agreement to provide off-site parking that meets location requirements and the variance to reduce the number of parking spaces in his opinion can be considered minor, the Committee give consideration to granting the parking variance and relief from the registration requirement. Ms. Given pointed out that as stated in Section 6.1.1.1(a) (iii), registration of the agreement is specifically required to ensure the exclusive use of the space for the purpose of parking and to ensure the parking arrangement is not terminated prior to the owner of the land requiring the parking finding alternative space that conforms to by-law regulations. Mr. Kelly stated that the City is able to take enforcement action should the agreement be breached and pointed out that the conditions of the agreement do not change with registration. In response to a question from Mr. Kruse, Mr. Kelly advised that the agreement does not make provision that the parking arrangement cannot cease until alternate parking is provided. In response to a further question from Mr. Kruse, Ms. Given responded that the by-law is structured to specifically require registration and she was not in a position to give advice that would be contradictory. Following further discussion, Mr. Kruse stated that notwithstanding the variance to reduce the number of parking spaces, the Committee was hesitant to approve the application because of the issue of registration. Accordingly, he suggested that the application be deferred one last time to allow the applicant an opportunity to obtain comment from the City's Legal Services Division on the issue of registration. Moved by Mr. B. Isaac Seconded by Mr. D. Cybalski That Minor Variance Application, Submission No. A 2002-010, as applied for by Nurko Sokolovic for the property at 727-729 King Street East, Kitchener, Ontario, BE DEFERRED PEREMPTORILY, to the October 22, 2002 Committee of Adjustment meeting to provide an opportunity to further discuss issues regarding an off-site parking agreement and in particular, to obtain comment from the City's Legal Services Division respecting the issue of registering the agreement on title of the neighbouring property owner. Carried COMMITTEE OF ADJUSTMENT 162 SEPTEMBER 10, 2002 Submission No.: Applicant: Property Location: Le.qal Description: A 2002-047 David & Rita Wall 185 Northmanor Crescent Lot 79, Re.qistered Plan 1716 Appearances: None Public Submissions: In Support: Ms. Rita Wall Contra: None This application was originally considered at the Committee of Adjustment meeting held on August 20, 2002 at which time the Committee was advised by the previous owner of the subject property, Ms. Rita Wall, that since filing the minor variance application the property had changed ownership on July 12, 2002. The Committee directed that the application be deferred to the meeting this date pending notification by registered mail to the new owner(s) of the details of the application. The Committee was provided this date with a copy of a letter forwarded by registered mail dated August 21, 2002 to the new owner of the subject property, Mr. Klause Arndt. The letter contained details of the application, the date, time and place the application would be considered and requested Mr. Arndt to be present, or alternatively his agent, to allow the application to proceed. Copies of all documentation received to date respecting the application were also enclosed with the letter to Mr. Arndt. The Secretary-Treasurer advised that no response had been received as a result of the notification given. Accordingly, the Committee considered this application to be abandoned and agreed to dismiss the application. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That Minor Variance Application, Submission No. A 2002-047, as applied for by David and Rita Wall for the property known municipally as 185 Northmanor Crescent, Kitchener, Ontario, BE DISMISSED. It was the opinion of this Committee that notification having been given to the new owner of the subject lands of the date, time and place at which this application was to be heard, together with full details of the application and supporting documentation; and that no response to the notification given was received; and that no person(s) appeared in support of the application on the designated meeting date, being September 10, 2002; this application is therefore considered to be abandoned. 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: Ms. Joyce Strudwick Contra: None Public Submissions: None COMMITTEE OF ADJUSTMENT 163 SEPTEMBER 10, 2002 3. Submission No.: A2002-050 (Cont'd) This application was originally considered at the Committee's meeting held on August 20, 2002 at which time the application was deferred to provide an opportunity for City staff to review a revised site plan to confirm compliance with the maximum lot coverage. The Committee was previously 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): · Planning Division - August 13, 2002 - requesting deferral; and August 29, 2002 - in support, as amended; 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 hydro 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; · Revised Plan - submitted by Craig and Joyce Strudwick at the August 20, 2002 Committee of Adjustment meeting. Mr. P. Kruse reviewed the comments, noting that Planning staff are recommending that the application be amended to revise the rearyard setback to 7.06 m rather than 6.76 m as originally requested and to permit the construction of a carport only which may be attached to the existing garage and not closer than 8.3 m to the front lot line. Ms. Joyce Strudwick advised that she had reviewed the comments and was in agreement with the recommendation contained therein. Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Craig and Joyce Strudwick requesting permission to construct a single storey basement rear addition and roof top deck 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 7.06 m (23.2 ft.), rather than the required 7.5 m (24.6 ft.); and permission to construct an attached carport only, having a southerly sideyard setback of 0.15 m (0.49 ft.), rather than the required 1.2 m (4 ft.); on Lot 17, Registered Plan 315, 47 Winslow Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction of the new additions. That the carport shall not be constructed closer than 8.3 m (27.2 ft.) to the front lot line of the subject property. 3. That all drainage shall be directed onto the subject property. COMMITTEE OF ADJUSTMENT 164 SEPTEMBER 10, 2002 Submission No.: A2002-050 (Cont'd) 4. That the existing outside hydro meter shall remain outside and readily accessible to the satisfaction of Kitchener-Wilmot Hydro Inc. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT 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 September 10, 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 October 1, 2002. The Committee then recessed the meeting temporarily, at 10:10 a.m. in order to consider applications for minor variance to the City of Kitchener's Sign By-law. This meeting reconvened at 10:20 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-052 First Capital (Kitchener Corporation) 1005 Ottawa Street North Part Block E & F, Re.qistered Plan 1170 Appearances: In Support: Ms. Michelle Doornbosch, Zelinka Priamo Ltd. Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to expand an existing commercial retail use (foodstore) having a setback of 6.03 m (19.78 ft.) from the lot line adjacent to Ottawa Street North 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): · Planning Division - August 26, 2002 - recommending deferral until a site plan, identifying treatment of the pedestrian environment along Ottawa Street North, is approved; COMMITTEE OF ADJUSTMENT 165 SEPTEMBER 10, 2002 Submission No.: A2002-052 (Cont'd) The following had no concerns or comments with respect to this application: · Director of Building -August 22, 2002 · Region of Waterloo - August 27, 2002 · Grand River Conservation Authority - September 4, 2002; · Mr. Greg Priamo, Zelinka Priamo Ltd. - September 9, 2002 - requesting deferral be specific to the October 1,2002 Committee of Adjustment meeting. Ms. Michelle Doornbosch, Zelinka Priamo Ltd., advised that she was the agent for the application and was in agreement with deferring the application; however; requested that deferral be specific to the October 1,2002 Committee of Adjustment meeting. Mr. B. Sloan advised that staff had requested deferral to permit review of a site plan which staff are now in receipt of and accordingly, staff should be in a position to proceed at the October 1st meeting. By general consent, it was agreed that this application would be deferred to the October 1, 2002 Committee of Adjustment meeting. Submission No.: Applicant: Property Location: Le.qal Description: A 2002-053 Stewart Wismer 180 Wellington Street North Part Lot 270, Registered Plan 376 Appearances: In Support: Mr. Roy Sepaul, Roy Sepaul Alterations Ltd. Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to construct an attached carport to the easterly side of the existing dwelling, 6.09 m x 3.65 m (20 ft. x 12 ft.), having a frontyard setback of 3.07 m (10.08 ft.) rather than the required 6 m (19.68 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - August 22, 2002 - in support; · Kitchener-Wilmot Hydro - September 4, 2002 - in support, subject to the hydro meter being relocated to an outside wall of the new structure; · Canadian National Railway Properties Inc. - September 3, 2002 - comments concerning a noise warning clause; The following had no concerns or comments with respect to this application: · Director of Building -August 22, 2002 · Region of Waterloo - August 27, 2002 · Grand River Conservation Authority - September 4, 2002. Mr. P. Kruse reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Sepaul had anything further to add. Mr. Sepaul advised that he had reviewed the comments and had nothing further to add. COMMITTEE OF ADJUSTMENT 166 SEPTEMBER 10, 2002 2. Submission No.: A2002-053 (Cont'd) Moved by Mr. D. Cybalski Seconded by Mr. B. Isaac That the application of Stewart Wismer requesting permission to construct an attached carport to the easterly side of the existing dwelling, 6.09 m x 3.65 m (20 ft. x 12 ft.), having a frontyard setback of 3 m (10 ft.) rather than the required 6 m (19.68 ft.), on Part Lot 270, Registered Plan 376, 180 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the existing outside hydro meter shall remain outside and readily accessible to the satisfaction of Kitchener-Wilmot Hydro Inc. 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 2002-054 Ray Whittemore (K-W Surplus) 666 Victoria Street North Lot 45, Re.qistered Plan 763 Appearances: None Public Submissions: None Mr. P. Kruse advised that Planning staff are requesting this application be deferred to allow the applicant an opportunity to investigate the possibility of entering into a maintenance easement agreement with the adjacent property owner. As no one was in attendance to support the application, the Committee agreed to the request of Planning staff to defer this application to the October 22, 2002 Committee of Adjustment meeting. CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2002-027 Lynne Schneider 602 Hidden Valley Road Lot 12, Re.qistered Plan 1523 Appearances: In Support: Ms. Lynne Schneider Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to create one new lot for single residential development having frontage on Hidden Valley Road of 63 m (206.69 ft.), by an average depth of 115.09 m (377.59 ft.) and an area of 6,104.28 m2 (65,708.07 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 167 SEPTEMBER 10, 2002 1. Submission No.: B 2002-027 (Cont'd) Planning Division - August 30, 2002 - recommending deferral, to allow a geotechnical study to be approved by the Grand River Conservation Authority and if necessary, a revised plan to be submitted; · Director of Building - September 3, 2002 - in support, subject to a geotechnical investigation being completed and approved; Region of Waterloo - September 5, 2002 - in support, subject to an archaeological assessment to be approved by the Ministry of Culture and a noise study to be approved by the Region; · Grand River Conservation Authority - September 4, 2002 - requesting deferral pending review of a geotechnical study and any necessary revisions to the site plan; · Kitchener-Wilmot Hydro Inc. - September 4, 2002 - in support, subject to granting of any required easements. Mr. P. Kruse reviewed the comments, noting that staff are requesting deferral of the application and enquired if Ms. Schneider had anything further to add. Ms. Schneider stated that she was in agreement with deferring the application; however, she wished to advise that she had made arrangements with a qualified engineer to commence preparation of the geotechnical study. She further advised that the setback of the severance lines may need to be adjusted depending on the results of the study and will submit a revised plan if necessary. Ms. Schneider then referred to the Region's comments and questioned the timing and what would be required in order to fulfil the conditions requested by the Region. Ms. Schneider was advised that in the interim deferral period she could consult with staff of the Region as to the requirements in fulfilling the conditions and that these conditions would not have to be fulfilled by the date on which this application would be further considered. It was pointed out to Ms. Schneider that she would have one year from the date the Committee's decision is mailed to her to fulfill any conditions of approval. By general consent, it was agreed that this application would be deferred to the October 22, 2002 Committee of Adjustment meeting. ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 10th day of September, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment