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HomeMy WebLinkAboutAdjustment - 2003-01-14 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 14, 2003 MEMBERS PRESENT: Messrs. S. Kay, P. Kruse, and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner and Ms. D. Gilchrist, Acting Secretary- Treasurer. Mr. S. Kay, Chair, called this meeting to order at 10:00 a.m. Moved by Mr. D. Cybalski Seconded by Mr. P. Kruse That Mr. S. Kay be appointed Chair of the Committee of Adjustment for a term to expire November 30, 2003. Carried Moved by Mr. D. Cybalski Seconded by Mr. S. Kay That Mr. P. Kruse be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2003. Carried Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of December 10, 2002, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: B 2002-037 Theresa Tittley Glasgow Street Part Lot 39, German Company Tract, designated as Part 5, Reference Plan 58R-6914 Mr. S. Kay advised that the Committee was in receipt of a letter dated January 9, 2003 from the applicant, requesting this application be deferred to the Committee's March 18, 2003 meeting. By general consent, it was agreed that this application be deferred to the March 18, 2003 Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT 2 JANUARY 14, 2003 NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: A 2003-006 Sobeys Ontario Division 1111 Weber Street East Lot 125 & Part Lot 124, Registered Plan 765 & Part Lot 2, Registered Plan 267 Appearances: In Support: None Contra: Dale Meinzinger Mike & Carol Armstrong Wendy Lepine Heather Pirkl Public Submissions: In Support: None Contra: Mrs. V. Geddes The Committee was advised that the applicant requests permission to construct a new retail store with a rear yard of 1.5 m (4.92 ft.) rather than the required 7.5 m (24.6 ft.), a southerly side yard of 1.5 m (4.92 ft.) rather than the required 7.5 m (24.6 ft.), and permission to locate parking within 0.9 m (2.95 ft.) of the lot line abutting Highway 8 rather than the required 3 m (9.84 ft.). The Committee considered the request of Planning Division staff to defer consideration of this application until the applicant has submitted, and staff have reviewed, a site plan application for this proposed development. Mr. B. Sloan advised that since the Planning Division comments were written, the applicant has submitted an application for site plan approval. Staff believe that the site plan application can be reviewed, and new comments on the Minor Variance application prepared, in time for the Committee of Adjustment meeting of February 11, 2003. He requested that the application be deferred until February 11, 2003, and advised that the applicant is in agreement with this request. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That consideration of Submission No. A 2003-006 be deferred and referred to the Committee of Adjustment meeting of February 11, 2003, pending review of their Site Plan Application by staff. Carried All those in attendance were invited to return on February 11,2003. Submission No.: Applicant: Property Location: Le.qal Description: A 2003-007 Heartwood Place 19 - 21 Gaukel Street Part Lots 15, 16, 17 & 18, Re.qistered Plan 380 Appearances: In Support: Ed Wilson, Heartwood Place Rick Reichard, Architect Contra: None COMMITTEE OF ADJUSTMENT 3 JANUARY 14, 2003 Submission No.: A 2003-007 (Cont'd) Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to erect a canopy over the front entrance with a setback from Gaukle Street of 0.765 m (2.5 ft.) rather than the required 3 m (9.84 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - January 6, 2003 -in support; · The following had no concerns or comments with respect to this application: · Director of Building- January 6, 2003 · Region of Waterloo- January 7, 2003 · Grand River Conservation Authority- January 3, 2003. When questioned by the Committee as to whether the dimensions on the site plan are accurate, Mr. Reichard advised the measurements included in the site plan are taken from a survey of the property, and the canopy will be located entirely within the applicant's property. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Heartwood Place requesting permission to erect a canopy over the front entrance with a setback from Gaukle Street of 0.765 m (2.5 ft.) rather than the required 3 m (9.84 ft.) on Part Lots 15-18, Registered Plan 380, 19-21 Gaukle Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the extent as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Le.qal Description: Appearances: In Support: A 2003-008 St. Joseph's Health Care System 911 Queen's Blvd. Part Lot 59, German Company Tract Moira Taylor, Vice-President, St. Mary's Hospital Bruce Anderson, Director, Facilities Development, St. Mary's Hospital Cameron Shantz, Parkin Architects Contra: None COMMITTEE OF ADJUSTMENT 4 JANUARY 14, 2003 Submission No.: A 2003-008 (Cont'd) Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is increasing the built area on this property and is requesting a reduction in the landscaped area to 19.8% of the lot area (34,686 sq. ft.) rather than the required 30% of the lot area (52,426 sq. ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - January 8, 2003 -in support; · The following had no concerns or comments with respect to this application: · Director of Building- January 6, 2003 · Region of Waterloo- January 7, 2003 · Grand River Conservation Authority- January 3, 2003. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of St. Joseph's Health Care System requesting permission to reduce the landscaped area to 19.8% of the lot area (34,686 sq. ft.) rather than the required 30% of the lot area (52,426 sq. ft.) on Lots 341-365, Registered Plan 230, 911 Queen's Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the extent as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-006 Norbert Englisch & Ingrid Englisch Woolwich Street Part Lot 124, German Company Tract, being Part 2, Reference Plan 58R-2215 The Committee was in receipt of correspondence from Mr. R. Sutherland, Barrister & Solicitor, dated January 13, 2003, on behalf of the applicants, Norbert & Ingrid Englisch, advising that based on the public agencies' comments, they are withdrawing this application. COMMITTEE OF ADJUSTMENT 5 JANUARY 14, 2003 CONSENT AND MINOR VARIANCE Submission No.: Applicant: Property Location: Le.qal Description: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 George & Irene Shouftas 572 Hidden Valley Road Lot 11, Re.qistered Plan 1523, bein.q Part 1, Reference Plan 58R-10961 The Committee was in receipt of a application to its meeting scheduled request. request from the applicants for February 11, 2003, and to defer consideration of this the Committee agreed to this Submission No.: Applicant: Property Location: Legal Description: B 2003-003 to B 2003-005 & A 2003-003 to A 2003-005 Habitat for Humanity Waterloo Region Inc. 234, 236, 238 Grulke Street Part of Lot 38, Registered Plan 775, being Parts 1 - 4, Reference Plan 58R-10961 Appearances: In Support: Pat MacLean, Habitat for Humanity Sam Head, Planning Consultant Andrew Head, Planning Consultant Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to convey and mortgage three parcels of land each containing one of the existing townhouse units, as follows: PART 2 (Closest to Fairway Road): · width on Grulke Street of 13.33 m (43.73 ft.) · depth of approximately 29.7 m (97.44 ft.) · lot area of 295 m2 (3,175.45 sq. ft.) PART 3 (Interior Parcel): · width on Grulke Street of 6.4 m (21 ft.) · depth of approximately 25.2 m (82.68 ft.) · lot area of 174.1 m2(1874.05 sq. ft.) PART 4: · width on Grulke Street of 7.89 m (25.88 ft.) · depth of approximately 22 m (72.17 ft.) · lot area of 240.7 m2 (2,591 sq. ft.) Part 1 on Reference Plan 58R-10961, adjacent to Fairway Road, is to be conveyed to the Region of Waterloo as a road widening. The applicant is also requesting approval of minor variances to the regulations of the zoning by-law as follows: PART 2 (Closest To Fairway Road): A lot width, at the building line of 14.1 m (46.25 ft.) (after road widening) rather than the required 15 m (49.21 ft.), and a sideyard abutting Fairway Road (after the road widening) of 4 m (13.12 ft.) rather than the required 12 m (39.37 ft.) COMMITTEE OF ADJUSTMENT 6 JANUARY 14, 2003 2. Submission No.: B 2003-003 to B 2003-005 & A 2003-003 to A 2003-005 (Cont'd) PART 3 (Interior Parcel): A rearyard on the existing townhouse of 5.1 m (16.73 ft.) rather than the required 7.5 m (24.6 ft.) PART 4: A sideyard at the north westerly corner of the townhouse of 1.2 m (3.93 ft.) rather than the required 2.5 m (8.2 ft.) and a rearyard of 5.4 m (17.7 ft.) rather than the required 7.5 m (24.6 ft.). The Committee was in receipt of the following City staff/public agency comments and public submissions (if any): · Planning Division - January 7, 2003 -in support; · The following had no concerns or comments with respect to this application: · Director of Building- January 6, 2003 · Region of Waterloo- January 8, 2003 · Grand River Conservation Authority- January 3, 2003. Mr. S. Head advised that similar applications were approved in 1997, but the lots were not severed prior to the 1997 Consent approvals lapsing. With respect to the Planning Division's comments that the Applications for Minor Variance which were approved in 1997 are still valid, Mr. Head withdrew the current Applications for Minor Variance. With respect to the 2 conditions requested by the City to the approval of Submission No.'s B 2003- 003 to B 2003-005, Mr. Head advised that it was his understanding that the 5% cash constribution in lieu of parkland dedication had been paid in 1997. He requested the words "if required" be added to that condition, which was generally agreed to by the Committee. Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Habitat For Humanity Waterloo Region Inc. requesting permission to convey and mortgage a parcel of land having a width on Grulke Street of 13.33 m (43.73 ft.), a depth of approximately 29.7 m (97.44 ft.) and a lot area of 295 m2 (3,175.45 sq. ft.) on Part of Lot 38, Registered Plan 775, being Part 2, Reference Plan 58R-10961, 238 Grulke Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed, if required. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvements charges. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 14, 2005. Carried COMMITTEE OF ADJUSTMENT 7 JANUARY 14, 2003 2. Submission No.: B 2003-003 to B 2003-005 & A 2003-003 to A 2003-005 (Cont'd) Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Habitat For Humanity Waterloo Region Inc. requesting permission to convey and mortgage a parcel of land having a width on Grulke Street of 6.4 m (21 ft.), a depth of approximately 25.2 m (82.88 ft.) and a lot area of 174.1 m2 (1874.05 sq. ft.) on Part of Lot 38, Registered Plan 775, being Part 3, Reference Plan 58R-10961, 236 Grulke Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed, if required. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvements charges. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 14, 2005. Carried Moved by Mr. P. Kruse Seconded by Mr. D. Cybalski That the application of Habitat For Humanity Waterloo Region Inc. requesting permission to convey and mortgage a parcel of land having a width on Grulke Street of 7.89 m (25.88 ft.), a depth of approximately 22 m (72.17 ft.) and lot area of 240.7 m2 (2,591 sq. ft.) on Part of Lot 38, Registered Plan 775, being Part 4, Reference Plan 58R-10961, 234 Grulke Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed, if required. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and local improvements charges. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT 8 JANUARY 14, 2003 Submission No.: B 2003-003 to B 2003-005 & A 2003-003 to A 2003-005 (Cont'd) 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 January 14, 2005. ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 14th day of January, 2003. Carried Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment