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HomeMy WebLinkAboutAdjustment - 2008-10-21COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 21, 200$ MEMBERS PRESENT: Messers D. Cybalski, M. Hiscott & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, 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 10:30 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the minutes of the regular meeting of the Committee of Adjustment, of September 16, 2008, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2008-062 Applicant: Gary and Nancy Mulhall Property Location: 318 Fischer Hallman Road Legal Description: Lot 56, Plan 1057 Appearances: In Support: G. Mulhall Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 1 legal off-street parking space in the existing driveway to be located 4.3m (14.1') from the lot line along Fischer Hallman Road rather than the required 6m (19.68'). The Committee considered the report of the Development & Technical Services Department, dated September 25, 2008, in which they advise that the subject property is located near the intersection of Fischer Hallman Road and McGarry Drive and contains asingle-detached dwelling. The subject property is designated as Low Rise Residential in the City's Official Plan and zoned Residential-Three (R-3) in By-law 85-1. The applicant is requesting a minor variance to allow the minimum setback from the street line to the required off-street parking space to be reduced for from 6.Om to 4.3m. Staff has been advised that the dwelling has an existing attached single-car garage. The owner/applicant proposes to utilize the garage as a storage and workshop space, thereby eliminating the parking space within the garage. As a result, the existing driveway must be considered for the "required" off-street parking space, which must be a minimum of 5.5m in length. The total length of the driveway from the street line to the front-fagade of the garage is 9.8m in length, resulting in an available setback of only 4.3m from the street line to the parking space. COMMITTEE OF ADJUSTMENT 200 OCTOBER 21, 200$ 1. Submission No.: A 2008-062 tCont'd) 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 does not propose to alter the usability of the existing use of the single- detached dwelling on the site, save and except for the situation of the required parking in the existing driveway in front of the house instead of within the attached garage. Staff feels that the proposed variance meets the intent of the Municipal Plan as it does not affect the subject property's compliance to its designation as Low Rise Residential. No physical changes are being proposed; therefore, the variance does not alter the outdoor amenity space or aesthetic appearance of the property. Given the size of the subject property and the location of the existing driveway, the zoning by-law would permit the widening of the driveway to a maximum width of 8.Om (and located no closer than 0.6m to a side lot line) in order to accommodate any additional vehicles without requiring additional variances [By-law 85-1 s.6.1.1.1(b)(ii)(e)]. Parking a vehicle in the driveway in front of a dwelling is not out of character in the immediate vicinity of the subject property, and the reduced setback as proposed would not create a situation where sight-lines were obstructed for vehicles backing out of the driveways of adjacent properties. Therefore, staff feels that the variance meets the intent of the Zoning By- law. Staff feels that the variance is minor because it proposes to utilize an existing off-street parking space, and would result in a setback still providing more than 70% of the distance required from the street. Parking additional (i.e. visitor) vehicles within the required setback is currently permitted; the affect of the proposal would be to permit the primary "required" parking space to encroach into the parking setback. Staff's only concern is with regards to the loss of the off-street space provided by the attached garage, reducing the number of vehicles that can be accommodated on-site in an area that does not permit on-street parking. However, provided it is done in accordance with the applicable regulations in the zoning by-law, the applicant has the option to increase the width of the driveway and, depending on the extent of the interior renovations to the garage, may be able to restore the parking use of that space at some point in the future. The variance is appropriate for the development and use of the land, as it does not affect the ability to utilize the property as asingle-detached dwelling as permitted by the current zoning. Sufficient outdoor amenity space will be maintained. As on-site parking in the existing driveway is already permitted, it is anticipated that there will be no negative impact on the neighbouring properties. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. When questioned by the Committee, Mr. Mulhall advised that the workshop is required for his hobbies and he is not running a business. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Gary and Nancy Mulhall requesting permission to provide 1 legal off-street parking space in the existing driveway to be located 4.3m (14.1') from the lot line along Fischer Hallman Road rather than the required 6m (19.68'), on Lot 56, Plan 1057, 318 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT 201 OCTOBER 21, 200$ 1. Submission No.: A 2008-062 tCont'd) 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 Official Plan is being maintained on the subject property. Carried 2. Submission Nos.: A 2008-064 Applicant: Robert and Wanda Barclay Property Location: 23 Beechcroft Place Legal Description: Lot 6, Plan 1689 Appearances: In Support: B. & W. Barclay M. Johnston Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing deck having a northeasterly side yard of 0.66m (2.16') rather than the required 1.2m (3.93'). The Committee considered the report of the Development & Technical Services Department, dated September 19, 2008, in which they advise that the subject property is located on an internal corner of Beechcroft Place. The subject property has approximately 11.5 metres of frontage on Beechcroft Place and has an area of approximately 1250 square metres. The property is developed with a single detached dwelling, constructed in 1998. The applicant is requesting a minor variance to reduce the required minimum side yard setback from 1.2 metres to 0.66 metres to allow a deck to remain in its current location with a height of 2.4 metres. 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 intent of the Official Plan for the following reasons. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a full range of housing and to achieve an overall low intensity. The proposed variance will allow the deck to stay in the current location, while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law for the following reasons. In cases where a deck exceeds 0.6 metres in height, the Zoning By-law requires the deck to be set back a minimum of 1.2 metres from the side lot line. The intent of this requirement is to ensure that that adequate private outdoor amenity space is provided. The variance would continue to allow outdoor amenity space to be provided on a structure, rather than on the ground. The request for minor variance is both minor and desirable as the outdoor amenity space will be maintained, and the neighbouring properties will not be negatively impacted. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT 202 OCTOBER 21, 200$ 2. Submission No.: A 2008-064 tCont'd) Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of Robert and Wanda Barclay requesting legalization of an existing deck having a northeasterly side yard of 0.66m (2.16') rather than the required 1.2m (3.93'), on Lot 6, Plan 1689, 23 Beechcroft Place, 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 Official Plan is being maintained on the subject property. Carried 3. Submission Nos.: A 2008-065 Applicant: Ed and Grace Wiersma Property Location: 239 Holborn Drive Legal Description: Lot 23. Registered Plan 1359 Appearances: In Support: J. Westcott Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an enclosure over the existing patio to have a rear yard of 7.15m (23.45') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated September 19, 2008, advising that the subject property is located on Holborn Drive between Melvern Court and Shaftsbury Drive. The property has approximately 16.6 metres of frontage on Holborn Drive and has an area of approximately 650 square metres. The property is developed with a single detached dwelling, constructed in approximately 1974. The applicant is requesting a minor variance to reduce the required minimum rear yard setback from 7.5 metres to 7.15 metres to allow the construction of an enclosure over the existing patio. 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 intent of the Official Plan for the following reasons. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a full range of housing and to achieve an overall low intensity. The proposed variance will allow the construction of a roofed enclosure over an existing patio while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law for the following reasons. The purpose of the 7.5 metre rear yard setback is to ensure that there is adequate private amenity space for the owner of the property, and to ensure adequate separation distance between buildings on the subject lands and neighbouring lands. Staff feels that COMMITTEE OF ADJUSTMENT 203 OCTOBER 21, 200$ 3. Submission No.: A 2008-065 tCont'd) the proposed 7.15 metre setback would provide adequate outdoor amenity space and separation from neighbouring residential properties. The variances are appropriate for the development and use of the land as the proposed configuration of the building on the lot would be consistent with the established development within this mature neighbourhood and would not have any adverse impacts on the same. The requested variance is minor in nature and could therefore be supported. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Ed and Grace Wiersma requesting permission to construct a cover over the existing patio to have a rear yard of 7.15m (23.45') rather than the required 7.5m (24.6'), on Lot 23, Registered Plan 1359, 239 Holborn Drive, 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 Official Plan is being maintained on the subject property. Carried 4. Submission Nos.: A 2008-066 Applicant: Bryan Trussler and Cynthia Fry Property Location: 82 Strathcona Cres Legal Description: Lot 73. Registered Plan 1177 Appearances: In Support: B. Trussler Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 2 off- street parking spaces in the existing driveway to be set back 5.5m (18.04') from the lot line along Strathcona Crescent rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated September 19, 2008, advising that the subject property is located on an internal corner of Strathcona Crescent. The subject property has approximately 14 metres of frontage on Oneida Place and has an area of approximately 700 square metres. The property is developed with a single detached dwelling, constructed in 1968. The applicant is requesting a minor variance to reduce the required minimum off street parking setback from 6.0 metres to 5.5 metres to allow the construction of a mudroom/sunroom at the rear of the garage by converting part of the existing garage and by providing the on site parking in front of the garage. COMMITTEE OF ADJUSTMENT 204 OCTOBER 21, 200$ 4. Submission No.: A 2008-066 tCont'd) 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 intent of the Official Plan for the following reasons. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a range of housing types while achieving an overall low intensity. The variance meets the intent of the Zoning By-law for the following reasons. The existing house is located on a relatively large lot having an area of approximately 700 square metres. No changes are proposed to the foot print of the garage and so the site will remain unchanged from the street. The applicant is proposing to locate the required parking in front of the garage as part of the garage will be used as a mudroom. The driveway has sufficient width to accommodate on site parking in front of the garage. The variance meets the intent of the Zoning By-law for the following reasons. The intent of the 6 metres setback is to provide adequate distance for motorists to perceive and react to the prevailing traffic conditions when entering/exiting a driveway. Reducing the driveway setback from 6 metres to 5.5 metres should not interfere with the driver's ability to safely ingress /egress from the driveway as ample space before the sidewalk remains. The variance is minor for the following reasons. The reduction of the setback from 6 metres to 5.5 metres is not a considerable distance and should not affect the streetscape or a driver's ability to safely ingress /egress from the driveway. On-site parking can still be adequately provided in front of the garage with out any negative impacts to the functionality of the site. In turn, as no negative impacts are anticipated to this site or to adjacent lands the variance is also appropriate for the use and development of the lands. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Bryan Trussler and Cynthia Fry requesting permission to provide 2 off-street parking spaces in the existing driveway to be set back 5.5m (18.04') from the lot line along Strathcona Crescent rather than the required 6m (19.68'), on Lot 73, Registered Plan 1177, 82 Strathcona 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 Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 205 OCTOBER 21, 200$ 5. Submission Nos.: A 2008-067 Applicant: Larry and Lynn Barker Property Location: 176 Prosperity Drive Legal Description: Lot 114, Registered Plan 58M-283 Appearances: In Support: S. Sawatzky Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a rear addition to have a rear yard of 4.51 m (14.82') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated September 19, 2008, advising that the subject property is located on Prosperity Drive, east of Indigo Street, and has approximately 9.1 metres of frontage and an area of approximately 250 square metres. The property is developed with a single detached dwelling which was constructed in 2005. It is zoned Residential Four (R-4) and has an Official Plan designation of Low Rise Residential. The applicant is requesting a minor variance to reduce the required minimum rear yard setback from 7.5 metres to 4.5 metres to allow the construction of a sunroom. 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 intent of the Official Plan for the following reasons. The intent of this designation is to accommodate a full range of housing to achieve an overall low density. The proposed variance will allow the construction of a sunroom while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well adequate separation from neighbouring properties. It is staff's opinion that a setback of 4.5 metres continues to provide for outdoor amenity space and the impact on neighbouring properties is minimal. The variance is considered minor in nature as there is adequate separation from the proposed addition to abutting residential properties and as such will likely have minimal impact to adjacent lands. The variances are appropriate for the development and use of the land as the proposed configuration of the building on the lot would be consistent with the established development within this neighbourhood and no adverse impacts as a result of this variance are anticipated. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of Larry and Lynn Barker requesting permission to construct a rear addition to have a rear yard of 4.51 m (14.82') rather than the required 7.5m (24.6'), on Lot 114, Registered Plan 58M-283, 176 Prosperity Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT 206 OCTOBER 21, 200$ 5. Submission No.: A 2008-067 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. 4. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried 6. Submission Nos.: A 2008-068 Applicant: Maria and Horst Wessel Property Location: 1307 Queen's Boulevard Legal Description: Lot 61, Registered Plan 1182 Appearances: In Support: H. Wessel I. Wessel Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a carport addition to have a westerly side yard of 0.61 m (2') rather than the required 1.2m (3.93') with eaves to be located 0.21 m (0.68') from the side lot line rather than the required 0.6m (2'). The Committee considered the report of the Development and Technical Services Department, dated October 14, 2008, advising that the subject property is located across from Queensmount Park on Queen's Boulevard. The subject property has approximately 15 metres of frontage on Oneida Place and has an area of approximately 490 square metres. The property is developed with a single detached dwelling, constructed in 1966. The applicant is requesting a minor variance to reduce the required minimum side yard setback from 1.2 metres to 0.61 metres to allow the construction of a carport. 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 proposed variance meets the intent of the Official Plan for the following reasons. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a full range of housing to achieve an overall low intensity. The proposed variance will allow the construction of a carport while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law for the following reasons. The intent of the 1.2 metre side yard setback is to allow for maintenance of the side of the subject dwelling from the subject property and to allow for privacy and separation of the subject and neighbouring property. Additionally, the setback allows for access to the rear yard, which on site inspection was feasible through the opposite side of the home as well as through the carport The request for minor variance is both desirable and minor as access to the side of the dwelling will be feasible from the proposed side yard and privacy space will be maintained between properties. COMMITTEE OF ADJUSTMENT 207 OCTOBER 21, 200$ 6. Submission No.: A 2008-068 tCont'd) The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the application of Maria and Horst Wessel requesting permission to construct a carport addition to have a westerly side yard of 0.61 m (2') rather than the required 1.2m (3.93') with eaves to be located 0.21 m (0.68') from the side lot line rather than the required 0.6m (2'), on Lot 61, Registered Plan 1182, 1307 Queen's Boulevard, 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. 5. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried 7. Submission Nos.: Applicant: Property Location Legal Description: Appearances: In Support: A 2008-069 Cook Homes Ltd. 950/958/964 Highland Road West Part Lot 35, German Company Tract, being Part 3, 13 & 18 Reference Plan 58R-10060 T. Allensen Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct 4 apartment buildings, each containing 8 apartments, 3 buildings to have window wells projecting 1.5m (4.92') into the required front yard setback along Highland Road rather than the permitted projection of 0.6m (2') and 1 building to have window wells projecting 1.5m (4.92') into the required side yard setback abutting Eastforest Trail rather than the permitted projection of 0.6m (2'), and permission for each building to have a height of 11.6m (38.05') rather than the permitted 10.5m (34.44'). The Committee considered the report of the Development and Technical Services Department, dated October 8, 2008, advising that the subject property is located on the northeast corner of Highland Road West and Eastforest Trail The subject property has approximately 31 metres of frontage on Highland Road West and has an area of approximately 1765 square metres and is currently a vacant lot. The applicant is requesting permission to construct four apartment buildings, each containing 8 apartments, 3 buildings to have window wells projecting 1.5 metres into the required front yard setback along Highland Road rather than the permitted projection of 0.6 metres and one building to have window wells projecting 1.5 metres into the required side yard setback abutting Eastforest Trail rather than the permitted projection of 0.6 metres, and permission for each building to have a height of 11.6 metres rather than the permitted 10.5 metres. COMMITTEE OF ADJUSTMENT 208 OCTOBER 21, 200$ 7. Submission No.: A 2008-069 tCont'd) 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 intent of the Official Plan and the Zoning By-law 85-1 for the following reasons. The subject property is designated Low Rise Residential in the Official Plan and zoned Convenience Commercial (C-1) with special provisions 361 U and 145R in By-law 85-1. The intent of this designation and zoning is to accommodate a full range of uses, including dwelling units, to achieve an overall low intensity. The proposed variance will allow the construction of multiple dwelling units and maintain the low density character of the property. The designation encourages development that is in keeping with the community's present scale of development and architectural style. The proposed building fagade and overall design of the building is appropriate and fits into the character of the existing neighbourhood. The variances can be considered minor for the following reasons. The minor increase in building height will not change or affect the character of the existing neighbourhood. The increase in building height will not conflict with the use of adjacent lands and buildings. Visually, the minor increase in building height will not be discernable from other buildings in the area and not have an adverse impact on the public realm. The minor increase to the permitted projection of the window wells will not negatively impact or affect the character of the existing neighbourhood. The variance maintains the general intent and purpose of the Zoning By-law for the following reasons. The purpose of the height restriction and window well projection restriction is to preserve the current building scale and streetscape along Highland Road West and to control the intensity of the development. The minor increase in building height will permit a more aesthetically pleasing roofline for the buildings. As well, the increase in the window well projection will permit an increase in window openings for the ground floor units and therefore increase natural light into the dwelling units. The variance can be considered desirable for the appropriate development and use of the land for the following reasons. Athree-storey building that is 11.6 metres in height, and the 1.5 metre window well projection, will be compatible with the heights and design of the other buildings and townhouses and buildings located near the property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. It was noted that the Grand River Conservation Authority has issued a permit for this development. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Cook Homes Ltd. requesting permission to construct 4 apartment buildings, each containing 8 apartments, 3 buildings to have window wells projecting 1.5m (4.92') into the required front yard setback along Highland Road rather than the permitted projection of 0.6m (2') and 1 building to have window wells projecting 1.5m (4.92') into the required side yard setback abutting Eastforest Trail rather than the permitted projection of 0.6m (2'), and permission for each building to have a height of 11.6m (38.05') rather than the permitted 10.5m (34.44'), on Part Lot 35, German Company Tract, being Part 3, 13 & 18 Reference Plan 58R-10060, 950/958/964 Highland Road West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 209 OCTOBER 21, 200$ 7. Submission No.: A 2008-069 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 Official Plan is being maintained on the subject property. Carried 8. Submission Nos.: A 2008-070 Applicant: Sunvest Developments Property Location: 14 Huck Cres Legal Description: Lot 46, Registered Plan 58M-435 Appearances: In Support: E. Santos Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing single family dwelling and attached garage with the legal parking space inside the garage having a length of 5.29m (17.35') rather than the required 5.49m (18.01'), with the garage having a setback from the lot line along Huck Crescent of 5.96m(19.55') rather than the required 6m (19.68') and legalization of side yards on both sides of the building being 1.18m (3.87') rather than the required 1.2m (3.93'). The Committee considered the report of the Development and Technical Services Department, dated October 8, 2008, advising that the subject property is located near the intersection of Huck Crescent and Highgate Road and is currently being developed as a single detached dwelling. The land is designated as Low Rise Residential in the City's Official Plan and zoned Residential Four (R-4) in By-law 85-1. The applicant is requesting a minor variance for a reduction in length of the legal parking space within a garage from 5.49m to 5.29m. The applicant has indicated that because of the grading of the property, 4 steps (5 risers) were required to enter from the garage into the dwelling due to increased foundation heights. The extra steps cause the overall parking length space within the garage to be shorter than required. Furthermore, the applicant is requesting that the garage be located 5.96m to the street line instead of the required 6.0 m, and that the side yard set backs be reduced from 1.2m on each side, to 1.18m. Planning staff notes that after further review of the application and the City's Zoning By- law, the Zoning By-law requires setbacks to be maintained to one decimal place. If the requested setbacks for the front yard of 5.96 metres and the front yard of 1.18 metres are rounded to the nearest decimal place, the setbacks would comply with the Zoning By-law regulations of 6.0 and 1.2 metres, respectively. In this regard, staff advises that only a variance for a reduced parking space length is required. Staff has been informed that the foundation for the proposed dwelling has been completed, and that construction on the remainder of the house is near completion. 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 intent of the Official Plan because the lands are designated as Low Rise Residential which supports the use as a single detached dwelling. COMMITTEE OF ADJUSTMENT 210 OCTOBER 21, 200$ 8. Submission No.: A 2008-070 tCont'd) The variance meets the general intent of the Zoning By-law for the following reasons. The Transportation Planning Division has commented that it has no concerns with the proposed length of the parking space. The added step needed for entrance into the dwelling from the garage will not prohibit a vehicle from being able to safely and comfortably park in the garage. The variance is minor because the reduction in parking space length requirement has no affect on the exterior appearance or functionality of the dwelling, and poses no disturbance to its surrounding neighbours. The variance is appropriate for the development and use of the land for the following reasons. The Official Plan and Zoning Bylaw permits the use of the property as a single dwelling with an attached garage. Sufficient outdoor amenity space will be maintained and there will be no negative impact on the neighbouring properties. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. The Committee agreed to amend the application as recommended in the report of the Development and Technical Services Department. Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Sunvest Developments requesting legalization of an existing single family dwelling and attached garage with the legal parking space inside the garage having a length of 5.29m (17.35') rather than the required 5.49m (18. 01') on Lot 46, Registered Plan 58M-435, 14 Huck 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 Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission Nos.: B 2008-031 Applicant: Realex (235) Inc. Property Location: 201-205 King Street East Legal Description: Part Lot 9, Plan 364 Appearances: In Support: S. Kosky Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to convey, and for a partial discharge of mortgage of, a parcel of land having a width on Hall's Lane of 4.572m (15'), a depth of 5.474m (17.95') and an area of 25.027sq. m. (269.39 sq. ft.), being conveyed as a lot addition to the abutting property at 195-197 King Street East. The retained land has a width on King Street East of 17.43m (57.18') a depth of 54.9m COMMITTEE OF ADJUSTMENT 211 OCTOBER 21, 200$ 1. Submission No.: B 2008-031 tCont'd) (180.11') and an area of 1,002.5 sq. m. (10,791.17 sq. ft.) and will continue to be used for parking. The Committee considered the report of the Development & Technical Services Department, dated October 9, 2008, in which they advise that the subject property is located at 201-205 King Street East and contains a parking lot for 235 King Street East. The land is designated as East Market District in the City's Official Plan and zoned East Market Zone (D-2) in By-law 85-1. The applicant is requesting consent to convey a parcel of land having a width of 4.572 metres, a depth of 5.474 metres and an area of 25.027 m2, as a lot addition to the abutting property at 195-197 King Street East, and for a partial discharge of mortgage. The lands to be conveyed would serve as a driveway access to the rear of the building located at 195-197 King Street East, and are currently being used partially as a driveway entrance and as one parking space (see Photo #1 below). Staff are not concerned with the reduction of one parking space, as the space is not necessary to meeting parking requirements, and this is an existing situation. 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, Planning staff offer the following comments. The consent meets the intent of the Official Plan and Zoning By-law for the following reasons. The lands to be conveyed are zoned and designated as East Market which supports the use of a retail establishment. The dimensions and shapes of the resultant lots are appropriate and suitable for the existing uses and any proposed use of the lands. Also, the resultant lots will be compatible in size with the lots in the surrounding area and the proposed lot addition improves access to 195-197 King Street East. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated October 10, 2008 in which they advise that they have no objections to this application. Mr. Kosky requested that the owner's name be changed to Realex (235) Inc., being the current owner, and in this regard provided a copy of the deed and an authorization for him to act as their agent. Moved by Mr. A. Head Seconded by Mr. M. Hiscott The application of Realex (235) Inc. requesting permission to convey, and for a partial discharge of mortgage of, a parcel of land having a width on Hall's Lane of 4.572m (15'), a depth of 5.474m (17.95') and an area of 25.027sq. m. (269.39 sq. ft.), being conveyed as a lot addition to the abutting property at 195-197 King Street East, on Part Lot 9, Plan 364, 201-205 King Street East, 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. COMMITTEE OF ADJUSTMENT 212 OCTOBER 21, 200$ 1. Submission No.: B 2008-031 tCont'd) 3. a) That the lands to be severed shall be added to the abutting lands and title shall be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. b) That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application to Consolidate Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 October 21, 2010. Carried COMBINED APPLICATION 1. Submission Nos.: A 2008-071, B 2008-032 and B 2008-033 Applicant: Richard and Karen Hardie Property Location: 260 Old Huron Rd Legal Description: Part Lots 7 & 11, Biehn's Tract Appearances: In Support: None Contra: None Written Submissions: None As no one appeared in support of these applications, the Committee agreed to defer its consideration of them to its meeting scheduled for November 18, 2008. COMMITTEE OF ADJUSTMENT 213 OCTOBER 21, 200$ CHANGE OF CONDITION 1. Submission Nos.: CC 2008-004 Applicant: Peter and Michelle Schmidhuber Property Location: 200-230 Woolner Drive Legal Description: Part Lot 11, Plan 591, and Part of 6.096 m Lane Closed by Judge's Order Appearances: In Support: D. Stewart P. Schmidhuber Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to change the conditions of Provisional Consent B 2008-004, granted by the Committee of Adjustment on March 18, 2008. The Committee considered the report of the Development & Technical Services Department, dated October 8, 2008, in which they advise that subject property is located at 200-230 Woolner Drive (future Fairway Road North). The owner is applying to change the conditions of consent application B2008-004, approved by the Committee of Adjustment on March 18, 2008. The applicant has attached the Committee's decision to the application for reference. The purpose of the proposed changes to the conditions is to clarify wording, eliminate redundancies and correct the parkland dedication conditions. Staff are recommending that the application CC2008-004, to change the conditions of consent for application B2008-004, be approved, as follows: 1. Condition 3, 4, 5, 6.a), 6.b), 6.c), 6.f) be deleted and replaced as follows: 3. That the owner shall receive approval from the City's Director of Engineering of a temporary blanket easement in favour of the lands to be retained for the septic bed on the lands to be severed, which shall be reconveyed once municipal services are available to the retained lands. 4. That the owner shall satisfy the 5% parkland dedication for the lands to be severed, being 606m2, in the following manner: a) That the owner shall enter into a deferral agreement with the City of Kitchener, satisfactory to the City Solicitor, to be registered on title, to defer the conveyance of an 18m2 block of land at the north-easterly corner of he proposed retained lands, to the satisfaction of the City's General Manager of Community Services, concurrently with the conveyance of the proposed severed lands. b) The owner shall enter into a deferral agreement with the City of Kitchener, satisfactory to the City Solicitor, to be registered on title, to defer conveyance of the remainder of the parkland dedication, being 588m2, to the City at such time as the draft plan of subdivision is registered on the severed land. COMMITTEE OF ADJUSTMENT 214 OCTOBER 21, 200$ Submission No.: CC 2008-004 tCont'd) 5. That the owner shall provide documentation, satisfactory to the City's Director of Engineering Services, that the servicing of both the severed and retained lands for stormwater management, municipal water, and municipal sanitary sewer services can be accommodated through Draft Plan of Subdivision 30T-97015. 6. a) That the severed parcel of land must be developed by way of a Draft Plan of Subdivision Application at which time an Environmental Impact Study will be required to demonstrate that the development of the severed parcel of land will not have a negative impact on the natural features or the ecological function of the adjacent land/Idlewood Creek, to the satisfaction of the Grand River Conservation Authority. 6. b) That the remainder of the required 5% parkland dedication being 588m2, which is not satisfied to the conveyance of an 18m2 block of land at the north-easterly corner of the land to be retained, will be conveyed to the City, at no cost and free of encumbrance, concurrently with the registration of a draft Plan of Subdivision on the severed land. 6. c) The owner agrees that any future grading of the lands to be severed will be compatible with the grades of the retained lands, and further the owner agrees to submit a Grading Plan to the Director of Engineering Services for approval, prior to Draft Approval of the Plan of Subdivision on the severed lands. 6. f) The owner agrees to rezone any remaining A-1 portion of the retained lands to E-1, concurrently with the future plan of subdivision on the severed lands, if necessary. 2. Condition 6.h) and 6.i) shall be added as follows: 6. h) That the owner shall complete, as part of the Draft Plan of Subdivision submission requirements, a transportation noise study to assess the impact of noise from Fairway Road, and if necessary shall enter into a development agreement with the Region of Waterloo to provide for implementation of any attenuation measures recommended by the approved Noise Study. 6. i) To satisfy parkland dedication requirements, the owner agrees to convey an 18m2 block of land at the north-easterly corner of he proposed retained lands, to the satisfaction of the City's General Manager of Community Services, concurrently with the conveyance of the proposed severed lands. 3. Conditions 8 and 9 shall be deleted. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated October 10, 2008 in which they advise that one of their conditions for final approval of Consent B 2008-004 required the owner to prepare a transportation noise study and implement the measures therein by the way of a Regional Development Agreement, if applicable. However the owner has requested to modify this condition so that they will be required to submit a transportation noise study as part of the Draft Approval stage for the proposed subdivision on the severed property at which, the Region has no objection with that. Following a brief discussion it was generally agreed that condition 4 will be included in Condition 6. COMMITTEE OF ADJUSTMENT 215 OCTOBER 21, 200$ 1. Submission No.: CC 2008-004 tCont'd) Moved by Mr. M. Hiscott Seconded by Mr. A. Head That the application of Peter and Michelle Schmidhuber requesting permission to change the conditions of Provisional Consent B 2008-004, granted by the Committee of Adjustment on March 18, 2008, on Part Lot 11, Plan 591, and Part of 6.096 m Lane Closed by Judge's Order, 200-230 Woolner Drive, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to submission no. B 2008-004: 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 needs to 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 received approval from the City's Director of Engineering of a temporary blanket easement in favour of the lands to be retained, for the septic bed on the severed land, which shall be reconveyed once municipal services are available to the retained land. 4. That the owner shall provide documentation, satisfactory to the Director of Engineering Services, that the servicing of both the severed and retained lands for stormwater management, municipal water and municipal sanitary services can be accommodated through Draft Plan of Subdivision 30T-97015. 5. That the owner shall enter into an agreement with the City of Kitchener to be approved by the City Solicitor and regisitered against the title of both the severed and retained lands, containing the following conditions: (a) That the owner shall satisfy the 5% park land dedication for the land to be severed, being 606 sq.m., in the following manner: (i) That the owner shall convey to the City of Kitchener without cost and free from encumbrance, an 18 sq.m. block of land at the north- easterly corner of the proposed retained land, to the satisfaction of the City's General Manager of Community Services, concurrently with the conveyance of the severed lands. (ii) That the owner shall convey to the City of Kitchener the remainder of the park land dedication, being 588 sq.m. of land at such time as the draft plan of subdivision is registered on the severed land. (b) That the severed land shall be developed by way of a draft plan of subdivision application, at which time an Environmental Impact Study will be required to demonstrate that the development of the severed land will not have a negative impact on the natural features of the ecological function of the adjacent lands/Idlewood Creek, to the satisfaction of the Grand River Conservation Authority. (c) That the owner agrees that any future grading of the land to be severed will be compatible with the grades of the retained land; and futher, that the owner agrees to submit a Grading Plan to the Director of Engineering Services for approval, prior to Draft Approval of Plan of Subdivision on the severed land. COMMITTEE OF ADJUSTMENT 216 OCTOBER 21, 200$ 1. Submission No.: CC 2008-004 tCont'd) (d) That the owner agrees that service connections, including storm water, municipal water and sanitary sewer will be provided to the retained parcel of land at such time as Langren Court in extended and constructed on the severed land. Once the retained land is connected to full municipal services, the owner of the retained land agrees to quit claim the easement for septic services from the severed land. (e) That the owner agrees to obtain a building permit for the disconnection of the on-site septic system, once the retained land is connected to municipal services. (f) That owner agrees to rezone any remaining A-1 portion of the retained land and to E-1 concurrently with the future plan of subdivision on the severed land, if necessary. (g) That the owner shall include warning clauses in all offers to purchase and sale agreements and/or rental agreements for the severed and retained lands as follows: "Prospective purchasers and tenants are advised that this property is within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from the aircrafts using this flight path and directional lighting along this flight path may cause concern to some individuals." (h) That the owner shall complete, as part of the Draft Plan of Subdivision submission requirements, a transportation noise study to asses the impact of noise from Fairway Road, and if necessary shall enter into a development agreement with the Region of Waterloo to provide for implementation of any attenuation measures recommended by the approved Noise Study. 6. That the owner shall convey to the Region of Waterloo, without cost and free of encumbrance a road widening along the Fairway Road frontage of the severed and retained lands shown on Figure 1 - "Proposed Consent Plan" provided by PEIL (Project No. KP-07-2051) and shall provide the Region with a mylar copy of the deposited reference plan. 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 October 21, 2010. Carried COMMITTEE OF ADJUSTMENT 217 OCTOBER 21, 200$ ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this 21st day of October, 2008. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment