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HomeMy WebLinkAboutAdjustment - 2002-12-10 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 10, 2002 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse, P. Britton and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner, Ms. Sandy Little, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:45 a.m. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of November 12, 2002, as mailed to the members, be accepted. Carried UNFINISHED 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 Dornbush Zelinka Priamo Ltd. Contra: None Public Submissions: None This application was previously considered at the September 10, 2002 Committee of Adjustment meeting at which time the application was deferred pending review of a site plan for the purpose of identifying treatment of the pedestrian environment along Ottawa Street North. The Committee was previously 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 - requesting deferral; and November 29, 2002 - in support, subject to certain conditions; 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 24, 2002. Ms. Michelle Dornbush, Zelinka Priamo Ltd., was in attendance on behalf of the applicant and advised that she was in agreement with the staff recommendation. COMMITTEE OF ADJUSTMENT 214 DECEMBER 10, 2002 Submission No.: A2002-052 (Cont'd) In response to a question from Mr. P. Britton, Mr. B. Sloan advised that treatments proposed with respect to the pedestrian environment along Ottawa Street North will include a screening wall, decorative fencing, armour stone and planting of trees. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That the application of First Capital (Kitchener Corporation) 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.), on Part Block E & F, Registered Plan 1170, 1005 Ottawa Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall enter into a Section 41 Site Plan Agreement with the City of Kitchener to be prepared by the City Solicitor, to the satisfaction of the City's Manager of Design and Development, and to be registered on title of the subject lands; said agreement shall include the provision of a landscaped strip abutting Ottawa Street North. 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: In Support: None Contra: None Public Submissions: CN Railway Properties Inc. The Committee was in receipt of a letter dated November 13, 2002 sent by Registered Mail to Mr. Kurt Lasso, Lasso Construction Inc. and Mr. Ray Whittemore (K-W Surplus) advising that this application would be considered at the December 10, 2002 Committee of Adjustment meeting, peremptorily, and requesting that they advise of their intention to proceed with the application. The letter further advised the addressees that failure to appear at the December 10, 2002 meeting may result in the application being dismissed. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Ray Whittemore (K-W Surplus) requesting permission to construct an addition onto an existing commercial building (warehouse), 72.58 m x 4.66 m (238.15 ft. x 15.3 ft.) in size, having a 0 m westerly sideyard rather than the required 3 m (9.84 ft.) on Lot 45, Registered Plan 763, 666 Victoria Street North, Kitchener, Ontario, BE DISMISSED. It is the opinion of this Committee that having given notification to the owner/applicant and the agent for the application as to the date, time and place this application was to be considered, firstly by First Class Mail dated September 11, October 4 and October 25, 2002 and finally by COMMITTEE OF ADJUSTMENT 215 DECEMBER 10, 2002 Submission No.: A2002-054 (Cont'd) Registered Mail dated November 13, 2002; and no response having been received as a result of the notification and no one having appeared on the dates specified; this application is considered to have been abandoned. Carried Submission No.: Applicant: Property Location: Legal Description: A 2002-064 Adam Firis 170-172 Weber Street East Part Lots 53 & 54 and Subdivision of Lot 2, German Company Tract, designated as Part 20 on Reference Plan 58R-11058 and Part 1 on Reference Plan 58R-12136 Appearances: In Support: Mr. Adam Firis Contra: Mr. Vance Oestrich Public Submissions: In Support: None Contra: Mr. David Bailey This application was originally considered at the November 12, 2002 Committee of Adjustment meeting at which time the application was deferred to permit an opportunity for the applicant to meet with City staff and area residents to resolve issues of concern relative to the proposed site plan. The Committee was previously advised that the applicant is proposing to construct a 3 storey apartment building having a frontyard setback of 2 m (6.56 ft.) rather than the required 3 m (9.84 ft.), an easterly sideyard setback of 1.2 m (3.94 ft.) rather than the required 3 m (9.84 ft.) and a reduction in the required number of on-site parking spaces from 9 spaces to 7. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - November 3, 2002 - in support, as amended to reflect a revised site plan that now proposes construction of a 3 storey apartment building containing 6 two bedroom units and 1 bachelor unit, and subject to final approval of Site Plan Application SPR 02/61/W/SL; November 29, 2002 - in support, as amended to permit a sideyard setback of 2.13 m and subject to final approval of the Site Plan Application; Traffic & Parking Analyst - October 16, 2002 - advising only 7 parking spaces can be accommodated on site leaving no available space for additional vehicles/visitor parking which may result in overflow parking on neighbouring side streets; Region of Waterloo - October 28, 2002 - advising development is subject to the Region's Commercial Access requirement of a minimum 6 m radius and throat width of 7.6 m; the 45 m setback for the access from a signalized intersection is acceptable; a Regional Road Permit is required; a road widening required on Weber Street has already been acquired; a detailed grading and drainage control plan is required; in the event that the apartment units become condominium units a noise study will be required; and, Weber Street is to be widened in 2007; The following had no concerns or comments with respect to this application: · Director of Building - November 1,2002 · Grand River Conservation Authority- November 4, 2002; COMMITTEE OF ADJUSTMENT 216 DECEMBER 10, 2002 Submission No.: A2002-064 (Cont'd) Mr. David Bailey, owner of 83 Cameron Street North - opposed; concerns raised relate to deviation from original site plan as attached to his purchase agreement; proximity of townhouses to proposed development; development not in keeping with surrounding neighbourhood; impact to adjacent City park; loss of landscaping and privacy; and issues of parking, location of garbage bin and snow removal; Mr. Gordon Matlashewski, owner of 85 Cameron Street North - November 8, 2002; Mr. & Mrs. Eliaho Abrahim, owners of 87 Cameron Street North - November 11, 2002; authorizing Mr. David Bailey to speak on their behalf in opposition. Mr. Adam Firis advised of modifications to the site plan pointing out that the frontyard and parking reduction variances as originally applied for are no longer required; however, the sideyard variance is required as building heights greater than 10.5 m require a 3 m setback. The proposed height of the building is 11.7 m because of a peaked roof and the grade at the rear. Mr. S. Kay referred to the Planning comments noting that a meeting was held with area residents and it appears issues related to the site plan were resolved. Mr. Vance Oestrich stated that he was in attendance on behalf of the area residents and acknowledged that area residents were generally satisfied with the outcome of the meeting; however, he remained concerned with the proposed parking space situated parallel to the Weber Street East entrance to the subject property, as it abuts an existing easement and is in close proximity to his rear yard. In this regard, he advised that he had further discussion with Mr. Larry Masseo of the City's Development and Technical Services Department who advised him that provided the owner consented and the Committee of Adjustment agreed to approve a parking reduction variance, the City would have no concern with eliminating the parking space in question. Mr. Oestrich requested the Committee consider allowing the application to be amended to eliminate the parking space and permit a parking reduction from 8 to 7 spaces. Mr. B. Sloan provided a copy of the revised site plan and in response to a question advised that as a result of the modified plan the parking reduction variance has been eliminated and it is staff's preference that the property comply with the regulations of the Zoning By-law. He suggested that the parking space in question could be signed for a specific use such as visitor parking. The Committee entered into discussion respecting the merits of the parking reduction request and Mr. Britton raised concern with the functionality of the parallel parking space given its configuration and relationship to the entrance to the property and heavy traffic volumes on Weber Street East. In response to questions, Mr. Firis advised that he was not opposed to eliminating the space and if approved, the space would be replaced with landscaping. In response to a question from Mr. S. Kay, Mr. Sloan advised that revision to the site plan would be required if the parking space was to be eliminated; however, did not anticipate that this would unnecessarily delay site plan approval. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Adam Firis requesting permission to construct a 3 storey apartment building having an easterly sideyard setback of 2.13 m (6.98 ft.) rather than the required 3 m (9.84 ft.), and to permit a reduction in the required number of on-site parking spaces from 8 spaces to 7, on Part Lots 53 & 54 and Subdivision of Lot 2, German Company Tract, designated as Part 20 on Reference Plan 58R-11058 and Part 1 on Reference Plan 58R-12136, 170-172 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances approved in this application shall be in accordance with the site plan finally approved under Site Plan Application SPR02/61/W/SL; such site plan to include elimination only of the parallel parking space located adjacent to the access easement at the Weber Street East entranceway to the subject property. COMMITTEE OF ADJUSTMENT 217 DECEMBER 10, 2002 3. Submission No.: A2002-064 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 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 2002-066 Jojan Service Corporation 150 Duke Street West Part Lot B and Part Lot 160, Re.qistered Plan 374 Mr. S. Kay advised that the Committee was in receipt of a letter dated November 29, 2002 from Mr. Robert Deutschmann, Paquette Travers Deutschmann Kelly, advising that the law firm had decided to withdraw the application and accordingly, this application was not considered by the Committee. The Committee then recessed the meeting temporarily, at 10:00 a.m. in order to consider an application for minor variance to the City of Kitchener's Fence By-law. This meeting reconvened at 11:05 a.m. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: A 2002-067 Peter Nechita 75 Westheights Drive Lot 179, Re.qistered Plan 1384 Appearances: In Support: Mr. Peter Nechita Contra: None Public Submissions: None The Committee was advised that the applicant was requesting permission to construct a second storey addition proposed for living space above the existing garage, having a rearyard setback of 3 m (10 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): Planning Division - December 2, 2002 - in support, as shown on drawings submitted with the application; The following had no concerns or comments with respect to this application: · Director of Building - December 3, 2002 · Traffic & Parking Analyst- November 26, 2002 · Region of Waterloo- December 2, 2002 · Grand River Conservation Authority- November 26, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application and enquired if Mr. Nechita had anything further to add. Mr. Nechita advised that he had reviewed the comments and was in agreement with the recommendation. COMMITTEE OF ADJUSTMENT 218 DECEMBER 10, 2002 Submission No.: A2002-067 (Cont'd) Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Peter Nechita requesting permission to construct a second storey addition proposed for living space above the existing garage, having a rearyard setback of 3 m (10 ft.), rather than the required 7.5 m (24.6 ft.), on Lot 179, Registered Plan 1384, 75 Westheights Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be generally in accordance with the drawings submitted with Minor Variance Application, Submission No. A 2002-067. 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 2002-068 Cory Stewart 115 Victoria Street North Part Lots 2 and 5, Re.qistered Plan 389 Mr. P. Kruse declared a pecuniary interest in this application as his law firm acts on behalf of the applicant and did not participate in any discussion or voting with respect to this application. Mr. Kruse left the meeting and in accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining 3 members. Prior to leaving, Mr. Kruse also advised that due to another commitment he would not be returning for the remainder of the meeting. Appearances: In Support: Mr. Cory Stewart Contra: None Public Submissions: CN Railway Properties Inc. The Committee was advised that the applicant is requesting permission to convert an existing duplex to a triplex having a frontyard setback of 2.53 m (8.3 ft.), rather than the required 3 m (10 ft.) and a minimum landscaped area of 7% rather than the required 10% of the lot area. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - November 29, 2002 - in support, subject to certain conditions; Director of Building - December 3, 2002 - in support, subject to a building permit being obtained; Region of Waterloo - December 3, 2002 - in support; advise Victoria Street has a designated 26 m right-of-way; however, the required widening will be obtained from lands to the north of the subject property; COMMITTEE OF ADJUSTMENT 219 DECEMBER 10, 2002 Submission No.: A2002-068 (Cont'd) The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- November 26, 2002 · Grand River Conservation Authority- November 26, 2002; CN Railway Properties Inc. - December 9, 2002 - comments concerning a noise warning clause and noise analysis. Mr. S. Kay reviewed the comments, noting that staff are recommending the application be amended to include permission for a rearyard setback of 6.9 m rather than 7.5 m. Mr. Kay enquired if Mr. Stewart was in agreement with amending his application and Mr. Stewart concurred. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Cory Stewart requesting permission to convert an existing duplex to a triplex having a frontyard setback of 2.53 m (8.3 ft.), rather than the required 3 m (10 ft.), a rearyard setback of 6.9 m (22.63 ft.), rather than the required 7.5 m (24.6 ft.), and a minimum landscaped area of 7% of the lot area, rather than the required 10%, on Part Lots 2 and 5, Registered Plan 389, 115 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit prior to conversion of the existing structure from a duplex to a triplex. That the owner shall submit for approval to the City's Principal Planner a parking location plan showing the location of the required parking space. 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 CONSENT Submission No.: Applicant: Property Location: Le.qal Description: B 2002-038 Monarch Construction Limited 178 Doon Mills Drive Lot 60, Re,qistered Plan 58M-226 Appearances: In Support: Mr. Ryan Mounsey Green Scheels Pidgeon Planning Consultants Ltd. Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to the property at 6 Buerkle Court proposed for residential use, having a maximum lot width of 4.43 m (14.53 ft.), an average depth of 23 m (75.45 ft.) and an area of 50.9 m2 (547.90 sq. ft.). COMMITTEE OF ADJUSTMENT 220 DECEMBER 10, 2002 Submission No.: B 2002-038 (Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - December 3, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - December 3, 2002 · Traffic & Parking Analyst- November 26, 2002 · Region of Waterloo- December 4, 2002 · Grand River Conservation Authority- November 26, 2002. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application subject to certain conditions and enquired if the applicant had anything further to add. Mr. Ryan Mounsey, agent for the applicant, advised that he had reviewed the comments and was in agreement with the recommendation. Moved by Mr. D. Cybalski Seconded by Mr. P. Britton That the application of Monarch Construction Limited requesting permission to convey a parcel of land as a lot addition to an abutting property at 6 Buerkle Court, proposed for residential use, having a maximum lot width of 4.43 m (14.53 ft.), an average depth of 23 m (75.45 ft.) and an area of 50.9 m2 (547.90 sq. ft.), on Lot 60, Registered Plan 58M-226, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the lands to be severed shall be added to abutting lands municipally known as 6 Buerkle Court and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with section 50(3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2002-039 Jim and Sarah Csehi 76 Limerick Drive Part Lot 24, Beasley's Broken Front Concession Appearances: In Support: Jim and Sarah Csehi COMMITTEE OF ADJUSTMENT 221 DECEMBER 10, 2002 2. Submission No.: B 2002-039 (Cont'd) Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to create one new lot by severing a parcel of land proposed for single residential use having frontage on Limerick Drive of 89.34 m (293.11 ft.), by an average depth of 47.38 m (155.44 ft.) and an area of 2,116.4 m2 (22,781.48 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - December 3, 2002 - in support, subject to certain conditions; · Region of Waterloo- December 4, 2002 - in support, subject to a noise study; · Kitchener-Wilmot Hydro Inc. - December 6, 2002 - in support, subject to certain conditions; The following had no concerns or comments with respect to this application: · Director of Building - December 3, 2002 · Traffic & Parking Analyst- November 26, 2002 · Grand River Conservation Authority- November 26, 2002. Mr. P. Britton referred to Condition 1 as outlined in the Planning comments and questioned if the applicants were aware of the implications and costs involved in installing a new water connection to the severed lands. Mr. & Mrs. Csehi advised that they were aware of the implications, raising concerns that they had not been told at the time of purchasing their property that under the City's Municipal Plan "Low Rise Designation" new water connection would be required for any new development. They pointed out that in order to bring in municipal water service from King Street it would involve considerable distance and encroachment over neighbouring properties at too high a cost and at risk of creating discord with neighbouring property owners. They further pointed out that all other homes on their street are serviced by private water systems and questioned why they are the only ones required to provide new water connections. Mr. Britton referred to Planning comments respecting the Regional Official Policies Plan (ROPP) which establishes a "servicing hierarchy", commenting on the apparent inconsistency between the ROPP and the City's Municipal Plan designation. In response to questions from Mr. Britton, Mr. B. Sloan acknowledged that the ROPP takes precedent over the City's Plan and suggested that the ROPP Policy does not appear to prevent approval of a private water system. He further stated that Planning staff would not oppose approval of a private system should the Committee decide that it is more feasible. The Committee then briefly discussed the Region's request for a condition of approval relative to a noise study and it was agreed that this condition was reasonable given the proximity of the severed parcel to Highway 401 and the adjacent proposed Regional Road Corridor. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Jim and Sarah Csehi requesting permission to create one new lot by severing a parcel of land proposed for single residential use having frontage on Limerick Drive of 89.34 m (293.11 ft.), by an average depth of 47.38 m (155.44 ft.) and an area of 2,116.4 m2 (22,781.48 sq. ft.); and granting of any easements required by Kitchener-Wilmot Hydro Inc.; on Part Lot 24, Beasley's Broken Front Concession, 76 Limerick Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 222 DECEMBER 10, 2002 Submission No.: B 2002-039 (Cont'd) That the owner shall obtain approval from the City's Chief Building Official for installation of a private water system. That the owner shall prepare a Noise Study to the satisfaction of the Regional Municipality of Waterloo, to indicate methods to be used to abate Highway 401 and the proposed Regional Road Corridor noise levels for the proposed development and, if necessary, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the approved noise study attenuation measures. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. That the applicant shall make 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 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 December 10, 2004. Carried Submission Nos.: Applicant: Property Location: Le.qal Description: B 2002-040 to B 2002-044 incl. Grand River Conservation Authority 584 & 625 Pioneer Tower Road Part of Lot 12, Beasley's Broken Front Concession Mr. P. Britton declared a pecuniary interest in these applications as his Firm acts on behalf of the applicant and did not participate in any discussion or voting with respect to these applications. Mr. Britton left the meeting and pursuant to the Municipal Conflict of Interest Act, these applications were considered by the remaining two members. Appearances: In Support: Ms. Amanda Kutler, MHBC Planning Limited Contra: None Public Submissions: None The Committee was advised that the applicant is requesting permission to convey 3 parcels of land for residential use as lot additions to abutting properties, with lot widths ranging from 15.34 m (50.33 ft.) to 57.37 m (188.22 ft.) and areas ranging from 0.088 ha (0.22 ac) to 0.262 ha (0.65 ac). The applicant also requests permission to create one new block proposed for residential development having frontage on the north side of Pioneer Tower Road of 349.41 m (1,146.36 ft.) and an area of 2.337 ha (5.77 ac); together with a right-of-way for access over the severed lands in favour of the retained lands. Finally, the applicant requests permission to create one new block COMMITTEE OF ADJUSTMENT 223 DECEMBER 10, 2002 3. Submission Nos.: B 2002-040 to B 2002-044 incl. (Cont'd) for proposed residential development having frontage on the south side of Pioneer Tower Road of 185.73 m (609.35 ft.) and an area of 2.246 ha (7.37 ac). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - December 4, 2002 - in support, subject to certain conditions; · Director of Building - December 3, 2002 - in support, subject to a geotechnical investigation; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- November 26, 2002 · Region of Waterloo- December 4, 2002 · Grand River Conservation Authority- November 28, 2002. Ms. Amanda Kutler, agent for the applicant, reviewed the consent applications, including the proposed right-of-way over Block 2 of the severance plan in favour of the retained lands. The Secretary-Treasurer advised that Legal Services staff had requested revision to the wording of Condition 1 relative to Consent Application B 2002-043 to require a maintenance agreement to be approved by the City Solicitor and registered against title of the severed lands in favour of the retained lands. Ms. Kutler advised that she had no objection to the revised wording. The Committee then considered the condition of approval requested by the Building Division with respect to a geotechnical investigation to confirm the location of the existing sewage system for setbacks to new property lines proposed through the severances. Ms. Kutler suggested that this issue had already been addressed through the subdivision approval process and grading applications. Following further discussion, Mr. D. Cybalski expressed the opinion that the proposed condition is not directly relevant to the severed parcels but rather attempts to assess impact to the existing sewage system on the retained lands in relation to the proposed severance lines. Accordingly, it was his opinion the condition is reasonable. Mr. Bob Steinberg, Grand River Conservation Authority, provided illustration of existing sewage systems on the retained lands. Following review of the plan, Mr. Sloan suggested that the condition be revised to require a plan to be submitted showing the location of the existing sewage system on the retained lands to be to the satisfaction of the City's Chief Building Official. Mr. Kay accepted the revised wording; however, suggested that additional wording be included that should the plan not be satisfactory to the Chief Building Official a geotechnical investigation would then be required. Consent B 2002-040 Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That the application of the Grand River Conservation Authority requesting permission to convey a parcel of land as a lot addition to an abutting property legally described as Part Blocks 1 and 5, Registered Plan 58M-167, designated as Part 14 on Reference Plan 58R-12771, having a lot width of 15.34 m (50.33 ft.), by an average depth of 57.3 m (187.99 ft.) and an area of 0.088 ha (0.22 ac), on Part of Lot 12, Beasley's Broken Front Concession, 584 & 625 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall submit for approval to the City's Chief Building Official a plan showing the location of the existing sewage system on the retained lands in relation to the severance lines; in the event such plan is deemed unsatisfactory, the owner shall submit COMMITTEE OF ADJUSTMENT 224 DECEMBER 10, 2002 3. Submission Nos.: B 2002-040 to B 2002-044 incl. (Cont'd) for approval to the Chief Building Official a geotechnical investigation completed by a Professional Engineer to confirm the location of the existing sewage system on the retained lands. That the lands to be severed shall be added to the abutting lands legally described as Part Blocks 1 and 5, Registered Plan 58M-167, designated as Part 14 on Reference Plan 58R- 12771 and title shall be taken in identical ownership as the abutting lands. Any subsquent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Consent B 2002-041 Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That the application of the Grand River Conservation Authority requesting permission to convey a parcel of land as a lot addition to an abutting property legally described as Block 4, Registered Plan 58M-167, having a lot width of 25.88 m (84.9 ft.), by an average depth of 49.8 m (163.38 ft.) and an area of 0.262 ha (0.65 ac), on Part of Lot 12, Beasley's Broken Front Concession, 584 & 625 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall submit for approval to the City's Chief Building Official a plan showing the location of the existing sewage system on the retained lands in relation to the severance lines; in the event such plan is deemed unsatisfactory, the owner shall submit for approval to the Chief Building Official a geotechnical investigation completed by a Professional Engineer to confirm the location of the existing sewage system on the retained lands. That the lands to be severed shall be added to the abutting lands legally described as Block 4, Registered Plan 58M-167 and title shall be taken in identical ownership as the abutting lands. Any subsquent conveyance of the parcel to be severed shall comply with Sections 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. COMMITTEE OF ADJUSTMENT 225 DECEMBER 10, 2002 3. Submission Nos.: B 2002-040 to B 2002-044 incl. (Cont'd) 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 December 10, 2004. Carried Consent B 2002-042 Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That the application of the Grand River Conservation Authority requesting permission to convey a parcel of land as a lot addition to an abutting property legally described as Block 3, Registered Plan 58M-167, having a lot width of 57.37 m (188.22 ft.), by an average depth of 57.5 m (188.64 ft.) and an area of 0.219 ha (0.54 ac), on Part of Lot 12, Beasley's Broken Front Concession, 584 & 625 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall submit for approval to the City's Chief Building Official a plan showing the location of the existing sewage system on the retained lands in relation to the severance lines; in the event such plan is deemed unsatisfactory, the owner shall submit for approval to the Chief Building Official a geotechnical investigation completed by a Professional Engineer to confirm the location of the existing sewage system on the retained lands. That the lands to be severed shall be added to the abutting lands legally described as Block 3, Registered Plan 58M-167, and title shall be taken in identical ownership as the abutting lands. Any subsquent conveyance of the parcel to be severed shall comply with Sections 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried COMMITTEE OF ADJUSTMENT 226 DECEMBER 10, 2002 3. Submission Nos.: B 2002-040 to B 2002-044 incl. (Cont'd) Consent B 2002-043 Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That the application of the Grand River Conservation Authority requesting permission to convey a parcel of land for residential development having frontage on the north side of Pioneer Tower Road of 349.41 m (1,146.36 ft.), by an average depth of 100.57 m (329.95 ft.) and an area of 2.337 ha (5.77 ac) and to grant a right-of-way for access over the severed lands in favour of the retained lands, on Part of Lot 12, Beasley's Broken Front Concession, 584 & 625 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That a maintenance agreement to be approved by the City Solicitor, shall be registered against title of the severed lands in favour of the retained lands to ensure that a right-of- way for access to the retained lands is maintained until the dedication of the lands for public highway; at such time, the right-of-way shall be Quit Claimed. That the owner shall submit for approval to the City's Chief Building Official a plan showing the location of the existing sewage system on the retained lands in relation to the severance lines; in the event such plan is deemed unsatisfactory, the owner shall submit for approval to the Chief Building Official a geotechnical investigation completed by a Professional Engineer to confirm the location of the existing sewage system on the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Consent B 2002-044 Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That the application of the Grand River Conservation Authority requesting permission to convey a parcel of land for residential development, having frontage on the south side of Pioneer Tower Road of 185.73 m (609.35 ft.), by an average depth of 185.97 m (610.14 ft.) and an area of 2.246 ha (7.37 ac), on Part of Lot 12, Beasley's Broken Front Concession, 584 & 625 Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following condition: 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. COMMITTEE OF ADJUSTMENT 227 DECEMBER 10, 2002 Submission Nos.: B 2002-040 to B 2002-044 incl. (Cont'd) That the owner shall submit for approval to the City's Chief Building Official a plan showing the location of the existing sewage system on the retained lands in relation to the severance lines; in the event such plan is deemed unsatisfactory, the owner shall submit for approval to the Chief Building Official a geotechnical investigation completed by a Professional Engineer to confirm the location of the existing sewage system on the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Submission No.: Applicant: Property Location: Le.qal Description: B 2002-045 Canada Alloy Castings Ltd. 529 Manitou Drive Part Lot 1, Re.qistered Plan 1489 Appearances: In Support: Mr. Kristen Kumpf Green Scheels Pidgeon Planning Consultants Ltd. Contra: None Public Submissions: CN Railway Properties Inc. The Committee was advised that the applicant is requesting permission to convey a parcel of land as a lot addition to the property at 501 Manitou Drive proposed for parking lot use, having a maximum lot width of 166.4 m (545.93 ft.), by a depth of 104.5 m (342.84 ft.) and an area of 1.43 ha (3.53 ac). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - November 28, 2002 - in support, subject to certain conditions; Canadian National Railway Properties Inc. - December 4 and 9, 2002 - comments concerning fence installation, noise warning clause and noise analysis; The following had no concerns or comments with respect to this application: · Director of Building - December 3, 2002 · Traffic & Parking Analyst- November 26, 2002 · Region of Waterloo- December 4, 2002 · Grand River Conservation Authority- November 26, 2002. COMMITTEE OF ADJUSTMENT 228 DECEMBER 10, 2002 4. Submission No.: B 2002-045 (Cont'd) Mr. P. Britton referred to the comments of Canadian National Railway Properties Inc. and enquired of staff if the conditions suggested were appropriate for this particular severance. Mr. B. Sloan commented that in his opinion, they were not reasonable conditions given the severed parcel is a lot addition proposed to be used only for parking. Moved by Mr. P. Britton Seconded by Mr. D. Cybalski That the application of Canada Alloy Castings Ltd. requesting permission to convey a parcel of land as a lot addition to the property at 501 Manitou Drive proposed for parking lot use, having a maximum lot width of 166.4 m (545.93 ft.), by a depth of 104.5 m (342.84 ft.) and an area of 1.43 ha (3.53 ac), on Part Lot 1, Registered Plan 1489, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the lands to be severed shall be added to the abutting lands municipally known as 501 Manitou Drive and title shall be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Section 50 (3) and/or (5) of the Planning Act, 1995. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried CONSENT AND MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2002-046 to B 2002-051 & A 2002-069 to A 2002-073 inclusive RJ Griesbaum Holdings Inc. 749-751 King Street West and 116, 120, 124, 126, 128 & 130 Walter Street Lots A & B, Plan 9; Lots 89, 90 & Part Lots 88 & 91, Registered Plan 377; Part Lots 10 & 11, Subdivision of Lot 15, German Company Tract; and Part Lot 30, Streets & Lanes Appearances: In Support: Contra: Public Submissions: Ms. Susan Griesbaum Mr. David Schmidt Mr. Andy Hook Mr. Frank Derner None COMMITTEE OF ADJUSTMENT 229 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) The Committee was advised that the applicant is requesting permission to create 6 new lots proposed for single residential use all fronting onto Walter Street, with 5 lots having frontage of 10.349 m (33.95 ft.) and an area of 236.6 m2 (2,546.82 sq. ft.); and the 6th lot a frontage of 10.327 m (33.58 ft.) and an area of 235 m2 (2,529.6 sq. ft.). The applicant further requests the following variances to the City's Zoning By-law pertaining to 5 of the lots to be severed: · Parcel B - a westerly sideyard setback of 0.94 m (3.08 ft.) rather than the required 1.2 m (3.94 ft.) and a rearyard setback of 1.2 m (3.94 ft.) rather than the required 7.5 m (24.6 ft.); · Parcel C - a westerly sideyard setback of 0.87 m (2.85 ft.) rather than the required 1.2 m (3.94 ft.); · Parcel F - an easterly sideyard setback of 0.59 m (1.93 ft.) rather than the required 1.2 m (3.94 ft.); · Parcels B to F incl. - a 0 m setback from the front lot line for the required parking space 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 - December 6, 2002 - in support, as amended to reflect changes as shown on revised severance plan dated December 6, 2002 and subject to certain conditions; Director of Building - December 3, 2002 - in support; advise there shall be no window openings in the walls to be located less than 1.2 m from the side property line; Region of Waterloo - December 4, 2002 - in support, subject to a 3 m road allowance widening across the King Street West frontage of the retained lands; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst- November 26, 2002 · Grand River Conservation Authority- November 26, 2002. Ms. Susan Griesbaum was in attendance in support of the application and reviewed proposed amendments to the applications based on a revised severance plan dated December 6, 2002 as follows: · elimination of the requested sideyard variances and concerns of the Building Division regarding window openings, resulting from slight realignment of the severance lines to create lots with frontages varying from 10.01 m to 10.64 m; · request rearyard variances ranging from 0.68 m to 7.18 m rather than the required 7.5 m; · request minimum lot area reductions ranging from 224 m2 to 231 m2 rather than the required 235 m2; and, · request granting of easements for sanitary services over Parcels B & E in favour of the retained lands. Messrs. Andy Hook, David Schmidt and Frank Derner, area residents, were in attendance to raise concern with the proposed parking variances to permit parking ahead of the building line, explaining that overflow parking of tenants/visitors often takes place on the grassed area in front of the existing homes. A lengthy discussion was then entered into with respect to the issue of parking during which suggestions were made to allow overflow parking on the vacant lot to be created to be used by the other 5 lots; restrict parking to one space per lot ahead of the building line; investigate provision of off-site parking on the retained lands; permit variances to allow sideyard parking; replace asphalted area in front with curb cuts to clearly demarcate the driveway areas; and provide landscaping. Parking on the vacant parcel was rejected as it would create a negative impact to the aesthetics of the streetscape. Off-site parking on the retained lands was also rejected as the existing medical building on the retained lands has insufficient parking to meet its own needs. COMMITTEE OF ADJUSTMENT 230 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) The Committee agreed that sideyard parking was questionable due to the narrow widths between existing homes and at minimum would require variances to driveway widths and in some cases, granting of a right-of-way over neighbouring properties. Accordingly, restricting parking to one space per lot ahead of the building line was considered to be the best solution, together with reinstatement of the curb cuts for demarcation of the driveways. Consent B 2002-046 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a vacant parcel of land for future residential use having frontage on Walter Street of 10.557 (34.63 ft.), by a depth of 22.348 m (73.32 ft.) and an area of 235.1 m2 (2,530.67 ft.), on Part Lots 88 & 89, Registered Plan 377, 116 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening along the King Street West frontage of the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Minor Variance A 2002-069 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to create a lot for residential use fronting onto Walter Street, having a minimum lot area of 230.9 m2 (2,485.46 sq. ft.), rather than the required 235 m2 (2,529.60 sq. ft.); a rearyard setback of 0.68 m (2.23 ft.), rather than the required 7.5 m (24.6 ft.); and a 0 m setback from the front lot line for a parking space, rather than the required 6 m (19.68 ft.); on Part Lot 89, Registered Plan 377, 120 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply only to the building existing as of December 10, 2002. 2. That only one parking space shall be located ahead of the building line. COMMITTEE OF ADJUSTMENT 231 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) That the owner shall submit for approval to the Principal Planner a driveway location plan showing the parking space. 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 Consent B 2002-047 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a parcel of land for residential use having frontage on Walter Street of 10.257 m (33.65 ft.), by a depth of 22.347 m (73.31 ft.) and an area of 230.9 m2 (2,485.46 sq. ft.), and granting of a 1.5 m (4.92 ft.) easement for storm sewer connections over the severed lands in favour of the retained lands, on Part Lot 89, Registered Plan 377, 120 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-069. 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 easement for storm sewer is maintained in perpetuity. 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 consult with the City's Engineering Services to review driveway curb cuts and if deemed appropriate for this development, satisfactory arrangements be made to reinstate driveway curb cuts to properly demarcate the driveway location to the severed parcel. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening across the King Street West frontage of the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 232 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Minor Variance A 2002-070 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to create a lot for residential use fronting onto Walter Street, having a minimum lot area of 231.3 m2 (2,489.77 sq. ft.), rather than the required 235 m2 (2,529.60 sq. ft.); a rearyard setback of 7.18 m (23.55 ft.), rather than the required 7.5 m (24.6 ft.); and a 0 m setback from the front lot line for a parking space, rather than the required 6 m (19.68 ft.); on Part Lots 89 & 90, Registered Plan 377, 124 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply only to the building existing as of December 10, 2002. 2. That only one parking space shall be located ahead of the building line. That the owner shall submit for approval to the Principal Planner a driveway location plan showing the parking space. 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 Consent B 2002-048 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a parcel of land for residential use having frontage on Walter Street of 10.251 m (33.63 ft.), by a depth of 22.308 m (73.18 ft.) and an area of 231.3 m2 (2,489.77 sq. ft.), on Part Lots 89 & 90, Registered Plan 377, 124 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-070. 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 consult with the City's Engineering Services to review driveway curb cuts and if deemed appropriate for this development, satisfactory arrangements be made to reinstate driveway curb cuts to properly demarcate the driveway location to the severed parcel. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening across the King Street West frontage of the retained lands. COMMITTEE OF ADJUSTMENT 233 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) 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 December 10, 2004. Carried Minor Variance A 2002-071 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to create a lot for residential use fronting onto Walter Street, having a minimum lot area of 223.9 m2 (2,410.11 sq. ft.), rather than the required 235 m2 (2,529.60 sq. ft.); a rearyard setback of 7.06 m (23.16 ft.), rather than the required 7.5 m (24.6 ft.); and a 0 m setback from the front lot line for a parking space, rather than the required 6 m (19.68 ft.); on Part Lot 90, Registered Plan 377, 126 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply only to the building existing as of December 10, 2002. 2. That only one parking space shall be located ahead of the building line. That the owner shall submit for approval to the Principal Planner a driveway location plan showing the parking space. 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 Consent B 2002-049 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a parcel of land for residential use having frontage on Walter Street of 10.356 m (33.97 m), by a depth of 22.272 m (73.07 m) and an area of 223.9 m2 (2,410.11 sq. ft.), on Part Lot 90, Registered Plan 377, 126 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 234 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-071. 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 consult with the City's Engineering Services to review driveway curb cuts and if deemed appropriate for this development, satisfactory arrangements be made to reinstate driveway curb cuts to properly demarcate the driveway location to the severed parcel. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening across the King Street West frontage of the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Minor Variance A 2002-072 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to create a lot for residential use fronting onto Walter Street, having a minimum lot area of 224.3 m2 (2,414.42 sq. ft.), rather than the required 235 m2 (2,529.60 sq. ft.); a rearyard setback of 7.08 m (23.22 ft.), rather than the required 7.5 m (24.6 ft.); and a 0 m setback from the lot line for a parking space, rather than the required 6 m (19.68 ft.); on Part Lots 90 & 91, Registered Plan 377, 128 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply only to the building existing as of December 10, 2002. 2. That only one parking space shall be located ahead of the building line. That the owner shall submit for approval to the Principal Planner a driveway location plan showing the parking space. 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. COMMITTEE OF ADJUSTMENT 235 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Consent B 2002-050 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a parcel of land for residential use having frontage on Walter Street of 10.004 m (32.82 ft.), by a depth of 22.238 m (72.95 ft.) and an area of 224.3 m2 (2,414.42 sq. ft.), and granting of a 1.5 m (4.92 ft.) easement for storm sewer connections over the severed lands in favour of the retained lands, on Part Lots 90 & 91, Registered Plan 377, 128 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-072. 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 easement for storm sewer is maintained in perpetuity. 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 consult with the City's Engineering Services to review driveway curb cuts and if deemed appropriate for this development, satisfactory arrangements be made to reinstate driveway curb cuts to properly demarcate the driveway location to the severed parcel. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening across the King Street West frontage of the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried Minor Variance A 2002-073 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to create a lot for residential use fronting onto Walter Street, having a rearyard setback of 6.97 m (22.86 ft.), rather COMMITTEE OF ADJUSTMENT 236 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) than the required 7.5 m (24.6 ft.); and a 0 m setback from the lot line for a parking space, rather than the required 6 m (19.68 ft.); on Part Lot 91, Registered Plan 377, 130 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall apply only to the building existing as of December 10, 2002. 2. That only one parking space shall be located ahead of the building line. That the owner shall submit for approval to the Principal Planner a driveway location plan showing the parking space. 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 Consent B 2002-051 Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of RJ Griesbaum Holdings Inc. requesting permission to convey a parcel of land for residential use having frontage on Walter Street of 10.648 m (34.93 ft.), by a depth of 22.199 m (72.83 ft.) and an area of 235.8 m2 (2,538.21 sq. ft.), on Part Lot 91, Registered Plan 377, 130 Walter Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall receive final approval of Minor Variance Application, Submission No. A 2002-073. 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 consult with the City's Engineering Services to review driveway curb cuts and if deemed appropriate for this development, satisfactory arrangements be made to reinstate driveway curb cuts to properly demarcate the driveway location to the severed parcel. That the owner shall convey to the Regional Municipality of Waterloo a 3 m (10 ft.) road allowance widening across the King Street West frontage of the retained lands. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT 237 DECEMBER 10, 2002 1. Submission Nos.: B 2002-046 to B 2002-051& A 2002-069 to A 2002-073 inclusive (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 10, 2004. Carried ADJOURNMENT On motion, the meeting adjourned at 12:35 p.m. Dated at the City of Kitchener this 10th day of December, 2002. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment