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HomeMy WebLinkAboutAdjustment - 2008-04-15COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 15, 200$ MEMBERS PRESENT: Ms. C. Balcerczyk and Messers D. Cybalski and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski Chair, called this meeting to order at 9:55 a.m. MINUTES Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the minutes of the regular meeting of the Committee of Adjustment, of March 18, 2008, as mailed to the members, be accepted. Carried UNFINSHED BUSINESS CONSENT 1. Submission Nos.: B 2008-002 Applicant: Mike and Donna Milloy Property Location: 93 Edgehill Drive Legal Description: Part Lot 8, Beasley's Broken Front Concession, and Part Lot 23 ,Plan 698 Appearances: In Support: B. Green Contra: None Written Submissions: None The Committee was advised that the applicant requesting permission to sever a parcel of land having a width on Edgehill Drive of 17.7m (58.07'), a depth on the easterly side of 139.3m (457.02'), and on the westerly side of 152.799m (501.3'), and having an area of 0.17 ha, (0.419 ac.), to be conveyed as a lot addition to 95 Edgehill Drive. The owner also requests permission to keep aright-of-way over a portion of the severed land. The Committee considered the report of the Development & Technical Services Department, dated April 8, 2008, in which they advise that the subject properties are located on the south side of Edgehill Drive and back onto the Grand River. Each property contains a single detached dwelling with a detached garage. Both properties are split-designated in the Official Plan as Low Rise Residential at the front portion and Open Space at the rear portion. In addition, both properties are split zoned, with the front part of the lots being zoned Residential Two Zone (R-2) with special regulation provision 233R and the rear part of the lots being zoned Residential Two Zone (R-2) with special regulation provision 233R and special regulation provision 1 R. The property addressed as 93 Edgehill Drive is approximately 0.55 hectares in area, while the property addressed as 95 Edgehill Drive is approximately 0.62 hectares in COMMITTEE OF ADJUSTMENT 65 APRIL 15, 200$ 1. Submission No.: B 2008-002 tCont'd) area. The applicant is requesting consent to add a 13.3 metre wide, 0.19 hectare strip of land from the westerly side of 93 Edgehill Drive to 95 Edgehill Drive in order to increase the area from 0.62 to 0.81 hectares. The lot area of 93 Edgehill Drive would be reduced from 0.55 to 0.35 hectares. The proposed lot line would sever the existing garage from the single detached dwelling to which it is attached, both located on the existing 93 Edgehill Drive property. Staff conducted a site inspection of the subject properties in February 2008. At the February 19, 2008 Committee of Adjustment meeting, the Committee deferred consideration of the application to allow the applicant to address issues raised by City staff. Since that time, staff has learned that the subject properties are on private wells and septic tanks, rather than municipal services. The applicant has also submitted a sketch, prepared by an Ontario Land Surveyor, showing the precise dimensions and area of the land to be severed, the proposed setbacks of structures to the proposed lot line, and approximate location of the septic bed for 93 Edgehill Drive. In addition, it is the Planning Division's understanding that consent to create aright-of- way over the existing driveway located at 93 Edgehill Drive in favour of the retained parcel for the purpose of parking is no longer being requested. The applicant has stated that the owner is willing to create a driveway for the dwelling located at 93 Edgehill Drive. Staff is satisfied that such a driveway could be provided in compliance with the City's Zoning By-law. The applicant has advised that the breezeway connecting the garage to the dwelling would be demolished and adequate setbacks would be provided. From the survey sketch provided, Planning staff confirms that the required side yard setbacks could be maintained. The Building Division has reviewed the survey sketch provided and advises that the proposed minimum setback between the proposed lot line and septic bed located on 93 Edgehill Drive is in compliance with the regulations of the Ontario Building Code. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan, the lands front on an established public street and are compatible in size with the lots in the surrounding area. Based on the foregoing, Planning staff recommends that the application be approved subject to the conditions outlined in this report. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated February 11, 2008 in which they advise that they have no objections to this application. The Committee considered the report of Kitchener Wilmont-Hydro, Engineering Department, dated February 7, 2008 in which they advise that they have no objections to this application, subject to a condition for the relocation of electrical servicing. Mr. Green reviewed the report of the Development and Technical Services Department, dated April 8, 2008, and advised that to the best of his knowledge there are the same conditions that were discussed with his office last week, and he is in agreement with them. He also reviewed the letter from Kitchener-Wilmont Hydro dated February 7, 2008 and advised of his agreement with their request. Moved by Mr. A. Head Seconded by Ms. C. Balcerczky COMMITTEE OF ADJUSTMENT 66 APRIL 15, 200$ Submission No.: B 2008-002 tCont'd) That the application of Mike and Donna Milloy requesting permission to convey a parcel of land having a width on Edgehill Drive of 19.26m (63.18'), a depth on the easterly side of 141.995m (465.86'), and on the westerly side of 152.802m (501.31'), and having an area of 1921 sq. m. (20,678.14 sq. ft.), as a lot addition to 95 Edgehill Drive, on Part Lot 8, Beasley's Broken Front Concession, and Part Lot 23, Plan 698, 93 Edgehill Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. 4. That the owner shall construct a driveway leading to a legal parking space, in compliance with Section 6.1.1.1 .b of the Zoning By-law, for the revised 93 Edgehill Drive, to the satisfaction of the City's Director of Planning, in consultation with the City's Director of Transportation Planning. 5. That the owner shall close the driveway on the existing property addressed as 95 Edgehill Drive to the satisfaction of the City's Director of Transportation Planning. 6. That the owner shall obtain a demolition permit from the City's Building Division and demolish the breezeway which connects the existing attached garage and the single detached dwelling located at 93 Edgehill Drive, to the satisfaction of the City's Planning Division. 7. That the owner shall satisfy the City's Building Division that the spatial separation for the wall face of the dwelling at 93 Edgehill Drive is in compliance with the Building Code, and shall obtain a building permit from the Building Division, if required. 8. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the relocation of electrical servicing to the lands to be retained, including granting any easement that may be required by Kitchener-Wilmot Hydro Inc. It is the opinion of this Committee that 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried COMMITTEE OF ADJUSTMENT 67 APRIL 15, 200$ This meeting recessed at 9:59 a.m. and reconvened 10:46 a.m. at with the following members present: Ms. C. Balcerczyk and Messrs. D. Cybalski and A. Head. NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2008-014 Applicant: TLV Developments Inc. Property Location: 333 Edgewater Crescent Legal Description: Part Lot 168 & 169, Registered Plan 58M-393, being Parts 6 & 7, Reference Plan 58R-15716 Appearances: In Support: K. Green Contra: None Written Submissions: None The Committee was advised that the applicant requesting permission for the habitable portion of this building to have a lot coverage of 46% rather than the permitted 45%. The Committee considered the report of the Development & Technical Services Department, dated April 7, 2008, in which they advise that the property is located in the Edgewater Estates subdivision, near the intersection of Lackner Drive and Fairway Road. The applicant is proposing to increase the lot coverage of the habitable portion of the dwelling due to an error in the placing of the foundation. A site visit by staff was made on April 3, 2008. The Official Plan designation of the property is Low Rise Residential. The zoning under By-law 85-1 is Residential Three Zone (R-3). The zoning bylaw states that the maximum lot coverage shall be: "a total of 55 percent, of which the habitable portion of the dwelling shall not exceed 45 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent." The applicant is requesting minor variance approval to permit the maximum habitable portion of the dwelling on this lot to be 46% of the lot area rather than the required 45%. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the general intent and purpose of the Official Plan for the following reasons. The intent of the Official Plan's Low Rise Residential Designation is to encourage low-medium density development that is compatible with the surrounding area. This variance permits a single dwelling that would be classified as "low rise" and would be compatible with surrounding dwellings. The variance meets the general intent and purpose of the Zoning By-laws for the following reasons. The intent of these limits on the zoning by-law is to create a low density environment that is not dominated by extremely large houses on small lots. The proposed variance only represents a slight change in what is permitted, permits an appropriately scaled dwelling, and meets the intent of the zoning by-law. The variance is minor because the 1% increase in the habitable area is quite small and would not have an adverse impact on this developing community. COMMITTEE OF ADJUSTMENT 68 APRIL 15, 200$ 1. Submission No.: A 2008-014 tCont'd) The variance is appropriate for the development and use of the land for the following reasons. The building already existing and remedies a minor construction error. No complaints have been received to date, and the building exists in a neighbourhood of similarly sized homes. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 9, 2008, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of TLV Developments Inc. requesting permission for the habitable portion of this building to have a lot coverage of 46% rather than the permitted 45%, on Part Lots 168 and 169, Registered Plan 58M-393, being Parts 6 & 7, Reference Plan 58R-15716, 333 Edgewater Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 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 2. Submission Nos.: A 2008-015 - A 2008-019 Applicant: Simon View Homes Property Location: 98 Paige Street, 102 Paige Street, 106 Paige Street, 110 Paige Street, 114 Paige Street. Legal Description: Part Lots 7 & 8, Registered Plan 58M-411, being Parts 20, 21 & 22, Reference Plan 58R-15644, and Part Lots 6 & 7, Registered Plan 58M-411, being Parts 16-19, Reference Plan 58R-15644, and Part Lots 5 & 6, Registered Plan 58M- 411, being Parts 13 & 14, Reference Plan 58M-411, being Parts 10 & 11, Reference Plan 58R-15644, and Part Lots 4 & 5, Registered Plan 58M-411, being Parts 9 & 11, Reference Plan 58R-15644 Appearances: In Support: L. Hrivnak Contra: None Written Submissions: None The Committee was advised that in these Submissions the applicant is requesting permission to construct single family dwellings on each lot with rear yards of 12m (39.37') rather than the required 15m (49.21'). The Committee considered the report of the Development & Technical Services Department, dated April 7, 2008, in which they advise that the subject property is located in the Bridgeport East planning community, near the Cressman Industrial Area. The properties back onto an industrial parcel currently occupied by Steed and Evens Limited, a construction and highway maintenance company. The applicant is proposing to have a reduced rear yard setback for proposed single detached dwellings. COMMITTEE OF ADJUSTMENT 69 APRIL 15, 200$ 2. Submission No.: A 2008-015 - A 2008-019 tCont'd) The Official Plan designation of the properties is Low Rise Residential. The zoning under By-law 85-1 is Residential Four Zone (R-4), with the 177R provision that increases the rear yard setback of properties abutting an industrial zone to 15 metres rather than the 7.5 metres specified in the R-4 zoning by-law. The applicant is requesting minor variance approval to allow a rear yard setback abutting an industrial zone of 12.0 metres (39.4 feet) rather than the required 15 metres (49.2 feet) for all of these adjacent lots. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the general intent and purpose of the Official Plan for the following reasons. The intent of the Plan designation is to provide for low to medium density housing that fits in with the existing surroundings. The proposed variance would allow for houses that fit in with others in the neighbourhood and would be classified as "Low Rise" development. The variances meet the general intent and purpose of the Zoning By-law for the following reason. The purpose of the zoning by-law is to provide a separation between residential and industrial uses in order to minimize conflicts between these uses. The proposed reduction in the rear yard setback still allows for an ample rear yard distance between the uses and maintains the intent of the by-law. The variances are minor for the following reasons. There should be no adverse impacts on the neighbouring properties, as there is still a significant rear yard setback maintained. The difference between the required and proposed rear yard setback is only 3 metres. The variances are appropriate for the development and use of the land for the following reasons. The proposed reduction in the rear yard setback would allow for houses that would be of a similar size to existing ones in the neighbourhood and would promote a residential use in keeping with the rest of the area. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 9, 2008, advising that they have no concerns with these applications. The Chair suggested that there should be something on title for future purchasers, to make them aware of the reduced rear yard. Ms. vonWesterholt advised that there may be a requirement within the subdivision agreement that looks after this. She questioned whether a notice of this kind could be registered on title. Mr. Hrivnak advised that the applicant could agree to put a clause in all offers of purchase and sale stating that each of these lots has a reduced rear yard. Submission No. A 2008-015 Moved by Mr. A. Head Seconded by Ms. C. Balcerczky That the application of Simon View Homes requesting permission to construct a single family dwelling with a rear yard of 12m (39.37') rather than the required 15m (49.21'), on Part Lots 7 & 8, Registered Plan 58M-411, being Parts 20, 21 & 22, Reference Plan 58R-15644, 98 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 70 APRIL 15, 200$ 2. Submission No.: A 2008-015 - A 2008-019 tCont'd) Submission No.: A 2008-015 tCont'd) 1. That the owner shall agree to include a clause in all offers or purchase and sale stating that the rear yard of the subject property is only 12m rather than the zoning by-law requirement of 15m. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2008-016 Moved by Mr. A. Head Seconded by Ms. C. Balcerczky That the application of Simon View Homes requesting permission to construct a single family dwelling with a rear yard of 12m (39.37') rather than the required 15m (49.21'), on Part Lots 6 & 7, Registered Plan 58M-411, being Parts 16 - 19, Reference Plan 58R- 15644, 102 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree to include a clause in all offers or purchase and sale stating that the rear yard of the subject property is only 12m rather than the zoning by-law requirement of 15m. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2008-017 Moved by Mr. A. Head Seconded by Ms. C. Balcerczky That the application of Simon View Homes requesting permission to construct a single family dwelling with a rear yard of 12m (39.37') rather than the required 15m (49.21') on Part Lots 5 & 6, Registered Plan 58M-411, being Parts 13 & 14, Reference Plan 58R- 15644, 106 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree to include a clause in all offers or purchase and sale stating that the rear yard of the subject property is only 12m rather than the zoning by-law requirement of 15m. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 71 APRIL 15, 200$ 2. Submission No.: A 2008-015 - A 2008-019 tCont'd) Submission No.: A 2008-017 tCont'd) 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 Submission No. A 2008-018 Moved by Mr. A. Head Seconded by Ms. C. Balcerczky That the application of Simon View Homes requesting permission to construct a single family dwelling with a rear yard of 12m (39.37') rather than the required 15m (49.21'), on Part Lots 5 & 6, Registered Plan 58M-411, being Parts 10 & 12, Reference Plan 58R- 15644, 110 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree to include a clause in all offers or purchase and sale stating that the rear yard of the subject property is only 12m rather than the zoning by-law requirement of 15m. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. A 2008-019 Moved by Ms. C. Balcerczky Seconded by Mr. A. Head That the application of Simon View Homes requesting permission to construct a single family dwelling with a rear yard of 12m (39.37') rather than the required 15m (49.21'), on Part Lots 4 & 5, Registered Plan 58M-411, being Parts 9 & 11, Reference Plan 58R- 15644, 114 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree to include a clause in all offers or purchase and sale stating that the rear yard of the subject property is only 12m rather than the zoning by-law requirement of 15m. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 72 APRIL 15, 200$ Submission Nos.: A 2008-020 Applicant: Stephan Patrick McElhone Property Location: 770 Frederick Street Legal Description: Part Lot 43, Municipal Compiled Plan 764, being Part 1, Reference Plan 58R-7302 Appearances: In Support: C. Leal Contra: None Written Submissions: None The Committee was advised that the applicant requesting permission to provide a landscaped area of 18% of the lot for this proposed 8 unit apartment building rather than the required 20% landscaped area. The Committee considered the report of the Development & Technical Services Department, dated April 4, 2008, in which they advise that the subject property is located on the northwest side of Frederick Street just east of River Road. The property currently contains a vacant single detached dwelling. The applicant is requesting a variance to the zoning by-law to reduce the required landscaping to 18 percent. To facilitate the construction of a multiple dwelling with associated garbage storage and parking, a reduction from 20 percent landscaping, as set out in Zoning By-law 85-1, to the proposed 18 percent is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject lands are designated Medium Rise Residential by the City's Municipal Plan. This land use designation permits multiple dwelling units. The proposed variance meets the intent of the Municipal Plan. The subject lands are zoned Residential Eight Zone (R-8) which requires a minimum landscaped area of 20 percent. The purpose of the 20 percent landscaping is to ensure adequate green space is provided and maintained for each development. The subject land abuts, on both sides, medium rise residential dwellings zoned Residential Eight Zone (R-8) and the proposed development is consistent with the neighbourhood. As such, staff is of the opinion that the proposed variance meets the intent of the zoning by-law. Staff is of the opinion that the variance is minor in nature and is appropriate for the development and use of the lands. The reduction in landscaping for the subject property will not significantly impact the useable private amenity space of the residents. The development will replace a vacant single detached dwelling and more adequately conform to the overall intent of the neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 4, 2008, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Stephan Patrick McElhone requesting permission to provide a landscaped area of 18% of the lot for this proposed 8 unit apartment building rather than the required 20% landscaped area, Part Lot 43, Municipal Compiled Plan 764, being Part 1, Reference Plan 58R-7302, 770 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 73 APRIL 15, 200$ 3. Submission No.: A 2008-020 tCont'd) 1. That the owner shall submit and receive approval of a site plan for the proposed development from the City's Planning Division. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission Nos.: B 2008-006 and B 2008-007 Applicant: Owen Homes Ltd. Property Location: 184 - 186 Huck Crescent and 178 - 180 Huck Crescent Legal Description: Part Lot 25 and 26, Registered Plan 58M-435, being Part 1 & 2, Reference Plan 58R-16091 Appearances: In Support: J. Owen Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to sever two semi- detached dwellings, on each of these properties, so that each one can be sold and mortgaged separately. Each property will have a width of 9m (29.52`) by a depth of 30.654m (100.57`) and an area of 275.886 sq. m. (2,969.7 sq. ft.). The Committee considered the report of the Development & Technical Services Department, dated April 4, 2008 in which they advise that the subject properties are located on the east side of Huck Crescent. The properties are currently under constructions with one semi-detached dwelling to be built on each lot. The subject properties are designated as Low Rise Residential in the Municipal Plan and zoned Residential Four (R-4). The applicant is requesting consent to sever the subject properties in half to separate the ownership of the two semi-detached houses. The purpose and effect of this application involves a correction of title. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan and Zoning By-law 85-1. Both lots would meet the zoning requirements of the R-4 zone. Planning staff notes that the zoning by-law defines asemi-detached dwelling as "a building divided vertically into two semi-detached houses by a common wall which prevents internal access between semi-detached houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having access to and frontage on a street." In addition, the dimensions and shapes of the proposed lots are appropriate and suitable for the use of the properties as semi-detached houses, the lands front on an COMMITTEE OF ADJUSTMENT 74 APRIL 15, 200$ 1. Submission No.: B 2008-006 & B 2008-007 tCont'd) established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible with the lot sizes in the surrounding area, of which there is a mix of single and semi-detached dwellings. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated April 9, 2008 in which they advise that they have no objections to this application. Mr. Parent requested an additional condition that the owner be required to relocate any street furniture, as outlined in the Traffic comments in the staff report. Submission No. B 2008-006 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Owen Homes Limited requesting permission to convey and mortgage a parcel of land having a width on Huck Crescent of 9m (29.52`) by a depth of 30.654m (100.57`) and an area of 275.886 sq. m. (2,969.7 sq. ft.), on Part Lot 25, Registered Plan 58M-435, being Part 1, Reference Plan 58R-16091, 186 Huck Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. The owner shall relocate any street furniture to the satisfaction of the Director of Engineering. It is the opinion of this Committee that 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried Submission No. B 2008-007 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 75 APRIL 15, 200$ 1. Submission No.: B 2008-006 & B 2008-007 tCont'd) Submission No. B 2008-007 tCont'd) That the application of Sunvest Devlopment Corp. requesting permission to convey and mortgage a parcel of land having a width on Huck Crescent of 9m (29.52`) by a depth of 30.654m (100.57`) and an area of 275.886 sq. m. (2,969.7 sq. ft.), on Part Lot 26, Registered Plan 58M-435, 180 Huck Crescent, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. The owner shall relocate any street furniture to the satisfaction of the Director of Engineering. It is the opinion of this Committee that 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried COMBINED APPLICATIONS 1. Submission Nos.: A 2008-021 Applicant: Tanem Developments Inc. Property Location: 501-545 Morrison Road, 224-226 Sims Estate Drive and 2-10 Sims Estate Place Legal Description: Part Lots 118 & 124, German Company Tract -and- Submission Nos.: B 2008-008 - B 2008-014 Applicant: Tanem Developments Inc. Property Location: 501-545 Morrison Road, 224-226 Sims Estate Drive and 2-10 Sims Estate Place Legal Description: Part Lot 124. German Comganv Tract Appearances: COMMITTEE OF ADJUSTMENT 76 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) In Support: N. Horne Contra: J. Passy Written Submissions: Cook Homes The Committee was advised that through Submission No. A 2008-021, the applicant is requesting permission to reduce the required lot area for a vacant land condominium from 1.16 ha (2.86 ac.) to 1.02 ha (2.53 ac.) and reduce the minimum lot frontage from 87.5m (287.07') to 81.3m (266.73'). The Committee was also advised that through Submission No.'s B 2008-008 to B 2008- 014 inclusive, the applicant requests permission to create 7 lots for residential use, as follows: B 2008-008 - 224 Sims Estate Drive Width on Sims Estate Drive - 10.112m (33.17') Depth on the easterly side - 43.821 m (143.76') Depth on the westerly side - 37.008m (121.41') Lot Area - 675 sq. m. (7,265.87 sq. ft.) Proposed Use -Semi-detached Dwelling B 2008-009 - 226 Sims Estate Drive Width on Sims Estate Drive - 5.788m (18.98') Depth on the easterly side -irregular shape Depth on the westerly side - 43.821 m (143.76') Lot Area - 620 sq. m. (6,673.84 sq. ft.) Proposed Use -Semi-detached Dwelling B 2008-010 - 2 Sims Estate Place Width on Sims Estate Place - 17.223m (56.5') Depth on the easterly side - 37.884m (124.29') Depth on the westerly side -irregular shape Lot Area - 463 sq. m. (4,983.85 sq. ft.) Proposed Use -Townhouse B 2008-011 - 4 Sims Estate Place Width on Sims Estate Place - 6.287m (20.62') Depth on the easterly side - 35.043m (114.97') Depth on the westerly side - 37.884m (124.29') Lot Area - 269 sq. m. (2,895.58 sq. ft.) Proposed Use -Townhouse B 2008-012 - 6 Sims Estate Place Width on Sims Estate Place - 8.123m (26.65') Depth on the easterly side - 32.058m (105.17') Depth on the westerly side - 35.043m (114.97') Lot Area - 272 sq. m. (2,927.87 sq. ft.) Proposed Use -Townhouse B 2008-013 - 8 Sims Estate Place COMMITTEE OF ADJUSTMENT 77 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Width on Sims Estate Place - 11.69m (38.35') Depth on the easterly side - 28.434m (93.28') Depth on the westerly side - 32.058m (105.17') Lot Area - 367 sq. m. (3,950.48 sq. ft.) Proposed Use -Townhouse B 2008-014 -10 Sims Estate Place Width on Sims Estate Place - 109.962m (360.76') Having a triangular shape Lot Area - 1,303 sq. m. (14,025.83 sq. ft.) This lot will contain the existing gardener's cottage. The Committee considered the report of the Development & Technical Services Department, dated April 10, 2008 regarding the Application for Minor Variance, in which they advise that the subject property is Unit 17 in the proposed vacant land condominium (30CDM-03204) at the former Sims Estate, located near Chicopee Park in the Grand River South Planning Community. The applicant is proposing to create a lot that does meet the minimum requirement for lot area and lot width. The proposed lot includes the former Sims residence. The Official Plan designation of the property is Low Rise Residential and Open Space. The zoning under By-law 85-1 is Residential Two Zone (R-2) with the 3680, 1 R, 468R, and 470R provisions. The applicant is requesting minor variance approval to permit a lot area of 1.02 ha and a lot width of 81.3 metres rather than the required lot area of 1.16 ha and lot width of 87.5 metres specified in the 470R provision. This is so that the gardens to the south of the house can be included as a common element of condominium and be enjoyed by all, rather than needing to maintained by the future owner of the residence. The variance must precede the modification to the Draft Plan of Condominium and should be conditional on the modifications to the Draft Plan. In addition, in order to ensure that a fence will not be constructed between the gardens and the house forming the Sims Estate thus ensuring the preservation of the historic views in addition to the structures themselves, a statement in the declaration should be included in the modifications to the Draft Plan of Condominium which prohibits the obstruction of the historic view through the construction of a fence between the common element and private home. It was also noted that the zoning on the portion containing the gardens is currently R-2, while the balance of the lands within the common element portion are zoned P-2. Staff feels that the zoning should be consistent with the balance of the common element portion of the Condominium and should therefore be corrected as part of a City initiated housekeeping by-law. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the general intent and purpose of the Official Plan for the following reasons. The intent of the Low Rise Residential Designation is to ensure there are compatible low-medium density developments in these neighbourhoods. The proposed lot dimensions accommodate aloes-density single dwelling that would be classified as "Low Rise" and therefore meets the intent of the Plan. The variance meets the general intent and purpose of the Zoning By-laws for the following reason. The intent of the zoning by-law regulation on lot size and lot area was to maintain an appropriate setting for the residence and allow the integration of cultural heritage features with the main building containing the former Sims residence. The proposed reduction in lot area and width still maintains the cultural heritage features of the residence and will better preserve the garden features beside the residence, as they COMMITTEE OF ADJUSTMENT 78 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) can be maintained jointly by the corporation rather than the owner of the house. The variance preserves the intent to protect the house and maintain the open space around the dwelling. Heritage Planning is concerned that the zoning may need to be changed to open space rather than Residential, and that easements may need to be put into place in order to prevent future development in the garden areas. Planning staff recommends that conditions be applied to this application that will modify the draft approved condominium plan and address the heritage and zoning issues. The variance is minor for the following reasons. The reduced lot area and lot width are not substantial and there should be no adverse impact on the neighbouring homes. The variance is appropriate for the development and use of the land for the following reasons. The variance is requested so that the gardens can become a common element of the condominium corporation and preserve the existing cultural heritage features. This represents orderly and proper development of the Sims Estate lands. The Committee considered the report of the Development & Technical Services Department, dated April 10, 2008 regarding the Applications for Consent in which they advise that the subject properties are located in the proposed vacant land condominium (30CDM-03204) at the former Sims Estate, located near Chicopee Park in the Grand River South Planning Community. The applicant is proposing to sever seven lots from the north part of the site. The Official Plan designations of the property are Low Rise Residential and Open Space. The zoning under By-law 85-1 includes Residential Six (R-6) for the townhomes and semi-detached homes, and Residential Three (R-3) for the gardener's cottage. Several provisions, including 3700, 3690, 472R, and 1 R apply to this property. The applicant is proposing to sever seven lots from the north part of the site, which will include two semi-detached dwellings, four townhomes, and the existing Gardener's cottage. These lots are not intended to be part of the proposed vacant land condominium and are therefore being separated from the main lot. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing use and proposed use of the lands, the lands front on an established public street, and the severed parcels can be connected to services on Sims Estate Place. Also, the resultant lots will be compatible in size with the lots in the surrounding area. A number of conditions from the vacant land condominium's draft plan will be included to ensure the preservation of the built heritage, to ensure there is proper and orderly development, and to address environmental concerns. This will include having direct- detect fire systems in the homes and requiring new homes to adhere to the Riverdale Estates Design Guidelines. Under the R-6 zoning, Street Townhomes are required to have unobstructed access from the front to rear yards, at grade or ground floor level, with a minimum width of 0.9 m. This can be achieved through direct access (without passing through the units), direct access through the unit without passing through areas that are not separated from living quarters, or access through adjacent lands (not owned by the City or Region) through an easement. The applicant has indicated their desire to provide access to the units in Severance 4 and Severance 5 (which effects applications B2008-010, B2008- 011, B2008-012, and B2008-013) through an easement. However, since the easement was not included in the original submission, it is recommended that the Committee defer these applications until the next meeting. COMMITTEE OF ADJUSTMENT 79 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated April 9, 2008, in which they advise that they have no objections to these applications. Ms. Horne advised that the purpose of Submission No. A 2008-021 is to include the garden in the plan of condominium so that there can be an assurance that the garden will be properly maintained, and to reduce the size of Lot 17. Ms. Horne also advised that the Applications for Consent are intended to sever 7 properties for residential use. It was originally intended that these lots remain as part of the condominium, but these lots are of a different nature than the condominium development. She noted that as part of the approval of these applications, it is intended that the Riverglen design guidelines and the Heritage Designation will still apply to these lands. Further there will be no change in the types of units proposed for these lots. With respect to staff's recommended deferral of the proposed townhouse lots, Ms. Horne displayed a concept plan showing that each lot will have access to its rear yard through the attached garage; consequently, access easements are not required. She requested that all of these applications be considered by the Committee at this time, and the Committee agreed to her request. Ms. J. Passey was in attendance on behalf of Cook Homes, and advised of her concern with the state of the gardener's cottage. She stated that they are not concerned with the severances as much as they want this development to be held to the same high standards as their site on the opposite side of Sims Estate Place. She wanted assurances that the design guidelines, heritage designation and heritage property standards by-law, once passed by Council, would still apply. Ms. Passey stated that Valleyview Heights was responsible for the construction of Sims Estate Place, and installation of services for these lots will affect access to their condominium site. Ms. Horne advised that these lots will in fact be serviced from Sims Estate Place, and they will work with Cook Homes on the issue of access. Submission No. A 200$-021 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to reduce the required lot area and lot width for unit 17 of the vacant land condominium such that the lot area will be 1.02 ha (2.53 ac.) rather then the required 1.16 ha (2.86ac.) and the lot width will be 81.3m (26.73') rather then the required 87.5m (287.07'), on Part Lots 118 & 124, German Company Tract, 501-545 Morrison Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive the following modifications to Draft Approved Plan of Condominium file 30CDM-03204: (a) That the garden lands shall be included within the common element portion of the plan; (b) That there shall be a statement included in the declaration which prohibits the obstruction of the Heritage view with a fence or other structure; (c) That there shall be a Heritage Conservation Easement over the garden lands, to the satisfaction of the City's Senior Heritage Planner; 2. That the garden lands currently zoned Residential 2 Zone (R-2) shall be changed to Open Space Zone (P-2) through a City initiated Housekeeping Zoning By-law Amendment at the earliest opportunity. COMMITTEE OF ADJUSTMENT 80 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. A 2008-021 tCont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No. B 2008-008 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. the requesting permission to convey a parcel of land having a width on Sims Estate Drive of 10.112m (33.17') by a depth on the easterly side of 37.008m (121.41 "), and having an area of 675 sq. m. (7,265.87 sq. ft), on Part Lot 124, German Company Tract, 224 Sims Estate Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen COMMITTEE OF ADJUSTMENT 81 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-008 tCont'd) Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. i. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. ii. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. COMMITTEE OF ADJUSTMENT 82 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-008 tCont'd) h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried Submission No. B 2008-009 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. the requesting permission to convey a parcel of land having a width on Sims Estate Drive of 5.788m (18.98'), having an irregular shape and having an area of 620 sq. m. (6,673.84 sq. ft.), on Part Lot 124, German Company Tract, 226 Sims Estate Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 83 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-009 tCont'd) 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. COMMITTEE OF ADJUSTMENT 84 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-009 tCont'd) f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. i. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. ii. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits that the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 85 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-009 tCont'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 April 15, 2010. Carried Submission No. B 2008-010 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to convey a parcel of land having a width on Sims Estate Place of 17.223m (56.5'), having an irregular shape, and having an area of 463 sq. m. (4,983.85 sq. ft.), on Part Lot 124, German Company Tract, 2 Sims Estate Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. COMMITTEE OF ADJUSTMENT 86 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-010 tCont'd) d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. i. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. ii. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits that the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. COMMITTEE OF ADJUSTMENT 87 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-010 tCont'd) 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried Submission No. B 2008-011 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to convey a parcel of land having a width on Sims Estate Place of 6.287m (20.62') by a depth on the easterly side of 35.043m (114.97') and on the westerly side of 37.884m (124.29') and having an area of 269 sq. m. (2,895.58 sq. ft.), on Part Lot 124, German Company Tract, 4 Sims Estate Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed COMMITTEE OF ADJUSTMENT 88 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-011 tCont'd) 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. COMMITTEE OF ADJUSTMENT 89 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-011 tCont'd) f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. i. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. ii. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits that the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 90 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-011 tCont'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 April 15, 2010. Carried Submission No. B 2008-012 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to convey a parcel of land having a width on Sims Estate Place of 8.123m (26.65') by a depth on the easterly side of 32.058m (105.17') and on the westerly side of 35.043m (114.97') and having an area of 272 sq. m. (2,927.87 sq. ft.), on Part Lot 124, German Company Tract, 6 Sims Estate Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. COMMITTEE OF ADJUSTMENT 91 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-012 tCont'd) d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. i. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. ii. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits that the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. COMMITTEE OF ADJUSTMENT 92 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-012 tCont'd) 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried Submission No. B 2008-013 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to convey a parcel of land having a width on Sims Estate Place of 11.69m (38.35') by a depth on the easterly side of 28.434m (93.28') and on westerly side of 32.058m (105.17') and having an area of 367 sq. m. (3,950.48 sq. ft.), on Part Lot 124, German Company Tract, 8 Sims Estate Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed COMMITTEE OF ADJUSTMENT 93 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-013 tCont'd) 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner 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, in consultation with the City's Senior Heritage Planner. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. d. Prior to the issuance of building permits, the owner shall submit a plan showing the location of all driveways to the satisfaction of the Director of Transportation Planning. e. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. COMMITTEE OF ADJUSTMENT 94 APRIL 15, 200$ Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-013 tCont'd) f. The owner agrees that no building permits shall be applied for on the subject lands until satisfactory arrangements are made with the City's Chief Building Official to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, for each and every dwelling to be constructed. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. iv. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. v. Such system shall be maintained and remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. h. That the owner shall complete a tree preservation/enhancement plan to the satisfaction of the Director of Planning. i. That prior to issuance of building permits that the owner shall complete the tree preservation/enhancement plan to the satisfaction of the Director of Planning. 7. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. 8. The owner shall make satisfactory financial arrangements with Engineering Services for the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer. 9. That the owner shall provide a detailed vegetation plan to identify a building clearance area to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 95 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-013 tCont'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 April 15, 2010. Carried Submission No. B 2008-014 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Tanem Developments Inc. requesting permission to convey a parcel of land having a width on Sims Estate Place of 109.962m (360.76'), having a triangular shape and having an area of 1,303 sq. m. (14,025.83 sq .ft.), on Part Lot 124, German Company Tract, 10 Sims Estate Place, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s) The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make financial arrangements satisfactory to the City's Engineering Services, for the installation of all new service connections to the severed lands. 4. That the owner shall make financial arrangements satisfactory to 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, in consultation with the City's Senior Heritage Planner. 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. This agreement shall contain the Riverglen Estates Design Guidelines. b. The owner agrees that no building permits shall be applied for or issued for any new construction and/or alterations for dwellings and/or structures within the subject lands until the plans have been reviewed and approved by the City's Senior Heritage Planner, and when available a representative of the Heritage Kitchener Committee, to ensure that any new construction or alterations are consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. c. The owner acknowledges that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. d. The owner agrees to include the following clause in all offers of purchase and sale and/or all rental agreements, to read as follows: COMMITTEE OF ADJUSTMENT 96 APRIL 15, 200$ 1. Submission No.: A 2008-021 & B 2008-008 - B 2008-014 tCont'd) Submission No. B 2008-014 tCont'd) i. Prospective purchasers and tenants are advised that all new construction and/or alterations for dwellings and/or structures within the subject lands must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. ii. Prospective purchasers and tenants are advised that the subject lands are located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. iii. Prospective purchasers and tenants are advised that the subject lands are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. e. The owner agrees that no building permits shall be applied for the subject lands until the Chief Building Official has received copies of a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended, from the Grand River Conservation Authority. f. The owner agrees the direct-to-fire alarm monitoring system shall remain operational in perpetuity, in conformance with NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. g. That the owner agrees to install adirect-to-fire alarm monitoring system, in accordance with NFPA 13R-2002, in the existing dwelling to the satisfaction of City's Fire Chief. 6. The owner shall make arrangements to upgrade to modified municipal standard Sims Estate Place to the satisfaction of the City's Director of Engineering Services and City's Director of Transportation Planning in consultation with the City's Senior Heritage Planner. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. 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 April 15, 2010. Carried COMMITTEE OF ADJUSTMENT 97 APRIL 15, 200$ CHANGE OF CONDITION Submission No.: CC 2008-002 Applicant: Holy Trinity Serbian Orthodox Church Property Location: 660-700 Fisher Hallman Road Legal Description: Part Lot 47, German Company Tract, being Parts 1 & 2, Reference Plan 58R-13049 Appearances: In Support: A. Elru B. Tatich M. Constantino M. Constantino Contra: None Written Submissions: None The Committee was advised that the applicant is requesting a change of conditions of Provisional Consent B 2007-033 to remove condition No. 6a) which requires a land consolidation if the severed property should ever be sold in the future. The Committee considered the report of the Development & Technical Services Department, dated April 4, 2008 in which they advise that the subject property was previously considered by the Committee under application B2007-033. The purpose of the application was to create a separately conveyable lot for the existing residential dwelling at the corner of Fischer Hallman Road and Ottawa Street South, municipally addressed 660 Fischer Hallman Rd. The applicant was proposing to sever the subject lands which would result in legalizing the situation on this site, as each residential unit would be on its own lot in accordance with the zoning by-law. Upon provisional consent being granted for that application, a condition (condition 6a) was imposed as follows: "That no building permits shall be issued for the expansion of buildings or the redevelopment of lands legally described as Part Lot 74, German Company Tract (municipally known as 660 Fischer Hallman Road) and Part Lot 47, German Company Tract (municipally known as 700 Fischer Hallman Road). The foregoing shall not prevent the issuance of building permits for internal renovations and improvements" The applicant has applied to the Committee to remove this condition. According to information provided by the applicant, the intent in purchasing the subject lands is to provide a family dwelling with an extension as well as run a small family business. The lands to be severed, to comply with the zoning by-law, are zoned Residential Three Zone (R-3) and are designated Low Rise Residential in the Official Plan. Planning staff note that a previous application had been submitted to the Committee (B2005-012) that was deferred pending the outcome of a traffic study to be undertaken by the Region of Waterloo in the Ottawa Street South / Fischer Hallman Road area. For that approval the Region of Waterloo expressed concerns with current accesses as well as future accesses, if applications were submitted for intensification or further development, to the subject property and those abutting to the south. In this report, staff recommends that this application be refused. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated April 9, 2008 in which they advise that they have no objections to this application. They would like it noted however that they have concerns with any proposed intensification of use of this property with the existing access location on Fischer-Hallman Road. COMMITTEE OF ADJUSTMENT 98 APRIL 15, 200$ 1. Submission No.: CC 2008-002 tCont'd Ms. vonWesterholt advised that when Submission No. B 2007-033 was considered by this Committee at the February 19th meeting, she had requested an additional condition that would prevent any expansion of the building or use on the property. She noted that the Region of Waterloo is supportive of the severance provided that the use remains residential and there is no expansion of the use on this site. Currently it is the purchaser's intension to add a second storey to this building which is to be used as a residence with a home business to be located on the main floor. She advised that a home business is permitted, subject to the regulations in the zoning by-law, but she has reservations about increasing the size of the building. Once an addition has been constructed, there is no way to control the size of the business. Mr. Constantino, the proposed purchaser, stated that the house is very small, and they need to expand the house because they need more room. He stated that they want to make the house look nicer and it is too small for his family. Ms. VonWesterholt stated that constructing an addition is intensification, and the Region is not in agreement with any intensification on this site. Also, noise is an additional concern. Ms. vonWesterholt advised that this property is in a Mixed Use Node and it is intended that there be more intensification; however, in order to have more intensification, traffic and access issues have to be addressed. Mr. B. Tatich advised the Committee that he represents the Church and all they want is to be able to sever the property. He advised that they have submitted a Noise Study as required by the Region and the development fees still have to be paid. He stated that they just want the severance approved. In response to comments from the proposed purchaser, Ms. vonWesterholt advised that at the time the purchaser agreed to purchase this property there were no guarantees that he would be able to expand this house. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of the Holy Trinity Serbian Orthodox Church requesting permission to eliminate condition No. 6a) from the decision of the Committee of Adjustment, dated February 19, 2008, granting provisional consent B 2007-033, on Part Lot 47, German Company Tract, being Parts 1 & 2, Reference Plan 58R-13049, 660 Fisher-Hallman Road, Kitchener, Ontario, BE REFUSED. It is in the opinion of this Committee that refusal of this application conforms to the City of Kitchener Municipal Plan. Carried ADJOURNMENT On motion, the meeting adjourned at 12:12 p.m. Dated at the City of Kitchener this 18th day of March, 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment