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HomeMy WebLinkAboutAdjustment - 2008-05-20 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 20 2008 MEMBERS PRESENT: Messers D. Cybalski, M. Hiscott and A. Head OFFICIALS PRESENT: Mr. D. Cybalski Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr. M. Hiscott of April 15, 2008, as Carried NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Leaal DescriDtion: 128 Udvari Crescent Lot 25 Reaistered Plan 58M-240 Appearances: In Support: R. Sajkunovic Contra: None Written Submissions: None 1.2m With to the four tests for minor variances as outlined in Section R.S.O., 1990 Chap. P. 13, as amended, of the COMMITTEE OF ADJUSTMENT 100 MAY 20, 2008 1. Submission No.: A 2008-022 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head 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. of Kitchener Zoning By-law and Carried 2. Submission Nos.: Applicant: Property Location: Leaal DescriDtion: A 2008-023 Clara Dale Muller 4 Meadowlane Drive Lot 331 Reaistered Plan 1269 Appearances: In Support: C. & C. Muller Contra: None COMMITTEE OF ADJUSTMENT 101 MAY 20, 2008 2. Submission No.: A 2008-022 (Cont'd) Written Submissions: None The land detached have a new curb cut and removed and the curbing Mr. Muller advised that they are in agreement with the staff recommendation. COMMITTEE OF ADJUSTMENT 102 MAY 20, 2008 2. Submission No.: A 2008-022 (Cont'd) Moved by Mr. A. Head Seconded by Mr. M. Hiscott 1. 2. The owner shall be financially responsible for removal of the existing boulevard tree. 3. The with 4. make arrangements with the Director of Engineering for a new 5. landscaping 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. of Kitchener Zoning By-law and Carried 3. Submission Nos.: Applicant: Property Location: Leaal Descriotion: 859 Queens Boulevard Lot 1 Reaistered Plan 230 Appearances: In Support: Contra: None Written Submissions: None street COMMITTEE OF ADJUSTMENT 103 MAY 20, 2008 3. Submission No.: A 2008-024 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head 230, 859 It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT 3. Submission No.: 104 MAY 20, 2008 of Kitchener Zoning By-law and 3. 4. Submission Nos.: Applicant: Property Location: Leaal Descriotion: Carried A 2008-025 Daniel and Claudia Catana 335 Westmeadow Drive Lot 9 Reaistered Plan 58M-404 Appearances: In Support: C. Catana Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 105 MAY 20, 2008 4. Submission No.: from this Committee would be based on the plan Moved by Mr. A. Head Seconded by Mr. M. Hiscott 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. of Kitchener Zoning By-law and Carried COMMITTEE OF ADJUSTMENT 5. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions: 106 MAY 20, 2008 A 2008-026 Robert and Linda Nelson 41 Moore Avenue Part Lots 1-5, Part Lots 8-13 and Part of Lane, Reaistered Plan 283 J. Clinckett P. Nickerson COMMITTEE OF ADJUSTMENT 107 MAY 20, 2008 5. Submission No.: A 2008-026 (Cont'd) KW Hospital Secondary Plan and is zoned Residential to allow a minimum lot width of 4.57 a minimum lot width of 9.0 metres, to The Low use. In The Committee considered written submissions from neighbourhood residents in opposition to this application. COMMITTEE OF ADJUSTMENT 108 MAY 20, 2008 5. Submission No.: A 2008-026 (Cont'd) existing parking. they do have poles on the property. COMMITTEE OF ADJUSTMENT 109 MAY 20, 2008 5. Submission No.: Ms. G. Ethier addressed the Committee about the Ms. could walls. about Mr. refuse this application as the variance is not minor Mr. Mr. Head's motion to defer consideration of this application was not seconded, and the motion was lost. He stated property Moved by Mr. M. Hiscott Seconded by Mr. D. Cybalski It is the opinion of this Committee that: 1. The variance requested in this application is not minor in nature. 2. This application is not desirable for the appropriate development of the property. Carried 6. Submission Nos.: Applicant: Property Location: Legal Description: A 2008-027 Francis Street Inc. 36 Francis Street South Lots 110-116, Lots 131-137, Part Lot 138 and Part of Charles Street Plan 375 Appearances: In Support: D. Berholz COMMITTEE OF ADJUSTMENT 110 MAY 20, 2008 6. Submission No.: A 2008-027 (Cont'd) Contra: None Written Submissions: None 116U. COMMITTEE OF ADJUSTMENT 111 MAY 20, 2008 6. Submission No.: A 2008-027 (Cont'd) COMMITTEE OF ADJUSTMENT 112 MAY 20, 2008 6. Submission No.: A 2008-027 (Cont'd) 1~ m~re required by the zoning by-law, In The COMMITTEE OF ADJUSTMENT 113 MAY 20, 2008 6. Submission No.: A 2008-027 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head 2. 3. 4. That at the time of site plan writing, to the satisfaction b) investigate some form of car sharing, potentially being a) showers in the building for those c) The shall provide bicycle parking both externally and internally to d) The owner shall provide dedicated scooter/motorcycle parking on site; e) subsidized Grand River 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 Municipal of Kitchener Zoning By-law and Carried COMMITTEE OF ADJUSTMENT 114 MAY 20, 2008 Submission Nos.: Applicant: Property Location: Legal Description: Reference Appearances: In Support: N. Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT Submission No.: 115 MAY 20, 2008 to the commercial recreational use would not appear to Moved by Mr. M. Hiscott Seconded by Mr. A. Head considered the dated May 12, 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. of Kitchener Zoning By-law and 8. Submission Nos.: Applicant: Property Location: Leaal Descriotion: Appearances: In Support: Contra: Written Submissions: 17,2008. Carried A 2008-029 Kanco - Old Carriage Ltd. 100-200 Old Carriage Drive Block F Reaistered Plan 1373 S. Patterson None None 9. Submission Nos.: Applicant: Property Location: Leaal Descriotion: Appearances: In Support: A 2008-030 Rachel and Mark Diller-Harder 76 Stirling Avenue North Part Lots 66 and 67 Plan?? M. Bauman COMMITTEE OF ADJUSTMENT 116 MAY 20, 2008 9. Submission No.: A 2008-030 (Cont'd) Contra: None Written Submissions: None The Committee was advised that the applicant requesting permission to construct an on dwelling to have a rear yard of 5.2m (17.06') rather Mr. Bauman advised that he is in agreement with the staff recommendation. Moved by Mr. A. Head Seconded by Mr. M. Hiscott It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT 117 MAY 20, 2008 9. Submission No.: 3. of Kitchener Zoning By-law and Carried 10. Submission Nos.: A 2008-031 Applicant: Mariusz Hyzuk Property Location: 180 Weber Street East Leaal Descriotion: Part Lot 2 Plan 264 Appearances: In Support: M. Hyzuk Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 118 MAY 20, 2008 10. Submission No.: A 2008-031 (Cont'd) Moved by Mr. A. Head Seconded by Mr. M. Hiscott 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. of Kitchener Zoning By-law and Carried 11. Submission Nos.: Applicant: Property Location: Leaal Descriotion: A 2008-032 Sandra-Catherine LeDrew 533 Woodfield Street Lot 57 Reaistered Plan 58M-262 Appearances: In Support: Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 119 MAY 20, 2008 11. Submission No.: The any approval of this application would be relative to the plan Moved by Mr. M. Hiscott Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT 120 MAY 20, 2008 11. Submission No.: A 2008-032 (Cont'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. of Kitchener Zoning By-law and Carried 12. Submission Nos.: Applicant: Property Location: Leaal Descriotion: De Weerd 531 Wellington Street North Lot 1 Part Lots 7-8 and Part of Closed Lane Plan 244 Appearances: In Support: R. Contra: None Written Submissions: None and design. The variances are minor in nature. COMMITTEE OF ADJUSTMENT 121 MAY 20, 2008 12. Submission No.: A 2008-033 (Cont'd) some minor Staff advises that an Occupancy Permit would be required. Moved by Mr. M. Hiscott Seconded by Mr. A. Head 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. of Kitchener Zoning By-law and Carried 13. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: J. Areins Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 122 MAY 20, 2008 13. Submission No.: A 2008-034 (Cont'd) COMMITTEE OF ADJUSTMENT 123 MAY 20, 2008 13. Submission No.: The matter for Mr. Moved by Mr. A. Head Seconded by Mr. M. Hiscott 1. 2. 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. of Kitchener Zoning By-law and Carried 14. Submission Nos.: Applicant: Property Location: Legal Description: A 2008-035 Country Park Shopping Centre Inc. 1450 Block Line Road Block K, Plan 1335 and Part Lot 5, Plan 1028, being Parts 5 6 and 8 Reference Plan 58R-7155 Appearances: In Support: A. Trabulsi F. Patterson Contra: M. Linington Written Submissions: None COMMITTEE OF ADJUSTMENT 124 MAY 20, 2008 14. Submission No.: A 2008-035 (Cont'd) Homer Watson Boulevard rather COMMITTEE OF ADJUSTMENT 125 MAY 20, 2008 14. Submission No.: A 2008-035 (Cont'd) Mr. F. variances requested and Ms. Linington addressed the Committee and read the following statement: "I ask that this application for variances be dismissed for the reasons which follow. 1. 2. not a desirable development or use of the Ms. this intersection. She stated that she is concerned COMMITTEE OF ADJUSTMENT 126 MAY 20, 2008 Mr. and once the plaza is Moved by Mr. M. Hiscott Seconded by Mr. A. Head 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. of Kitchener Zoning By-law and Carried CONSENT 1. Submission Nos.: Applicant: Property Location: Legal Description: B 2008-015 Donald Shiell 44-46 Montana Crescent Part Lot 299, Registered Plan 1448, being Part 1 Reference Plan 58R-5466 Appearances: In Support: D. Shiell Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 127 MAY 20, 2008 1. Submission No.: B 2008-015 (Cont'd) The owner is Mr. need for the digital plan and was advised that it provides the Moved by Mr. M. Hiscott Seconded by Mr. A. Head 3. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT 128 MAY 20, 2008 1. Submission No.: B 2008-015 (Cont'd) 1 . A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. By-law are being maintained on the severed 3. Pursuant to Subsection 43 of Section 53 of the Carried COMBINED APPLICATIONS 1. Submission Nos.: Applicant: Property Location: Legal Description: 260 Old Huron Part Lots 7 & 11, Plan 58R-4067 Reference Appearances: In Support: R. Hardie Contra: None Written Submissions: None Road and is 1651 COMMITTEE OF ADJUSTMENT 129 MAY 20, 2008 1. Submission No.: A 2008-036 & B 2008-016 (Cont'd) features. COMMITTEE OF ADJUSTMENT 130 MAY 20, 2008 1. Submission No.: A 2008-036 & B 2008-016 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head BE Carried CONSENT 1. Submission No.: Applicant: Property Location: Leaal Descriotion: B 2007-035 GPM Investments Inc. 100 Sportsworld Drive Part Lot 8 & 9 Beaslev's Broken Front Concession Appearances: In Support: N. Horne Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 131 MAY 20, 2008 1. Submission No.: B 2007-035 (Cont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT 132 MAY 20, 2008 1. Submission No.: 2. 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 of the Zoning By-law are being maintained on the severed 3. Pursuant to Subsection 43 of Section 53 of the Carried CHANGE OF CONDITION 1. Submission Nos.: Applicant: Property Location: Leaal Descriotion: B 2008-003 Robert and Betty Hinsperger 632 Trussler Road Part Lot 129 German ComDanv Tract Appearances: In Support: J. Voss Contra: None Written Submissions: None to change the COMMITTEE OF ADJUSTMENT 133 MAY 20, 2008 1. Submission No.: CC 2008-003 (Cont'd) Development Area. The zoning of the property is Agricultural Zone (A-1) under Bylaw 85-1. Moved by Mr. A. Head Seconded by Ms. M. Hiscott 1. 2. 3. 4. COMMITTEE OF ADJUSTMENT 134 MAY 20, 2008 1. Submission No.: CC 2008-003 (Cont'd) 5. 6. 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. By-law are being maintained on the severed 3. Pursuant to Subsection 43 of Section 53 of the Carried ADJOURNMENT On motion, the meeting adjourned at 12:00 p.m. Dated at the City of Kitchener this 20th day of May, 2008.