HomeMy WebLinkAboutAdjustment - 2008-11-18
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD NOVEMBER 18 2008
MEMBERS PRESENT: Messers. M. Hiscott, B. McColl and Ms. C. Balcerczyk
OFFICIALS PRESENT:
Mr. M. Hiscott, Vice Chair, called this meeting to order at 9:41 a.m.
MINUTES
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
Carried
UNFINISHED BUSINESS
CONSENT
1. Submission Nos.:
Applicant:
Property Location:
Leaal Descriotion:
Part Lot 59 German ComDanv Tract
Appearances:
In Support:
H. Madan
B. Nimer
Contra:
None
Written Submissions:
None
COMMITTEE OF ADJUSTMENT
219
NOVEMBER 18, 2008
1. Submission Nos. B 2008-018 & B 2008-024 Cont'd
Submission No. B 2008-018
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
1.
City of Kitchener for
property taxes and/or local
2.
3.
4.
COMMITTEE OF ADJUSTMENT
220
NOVEMBER 18, 2008
1. Submission Nos. B 2008-018 & B 2008-024 Cont'd
Submission No. B 2008-018 Cont'd
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.
Carried
Submission No. B 2008-024
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
1.
2.
3.
4.
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.
COMMITTEE OF ADJUSTMENT
221
NOVEMBER 18, 2008
1. Submission Nos. B 2008-018 & B 2008-024 Cont'd
Submission No. B 2008-024 Cont'd
By-law are being maintained on the severed
2.
3.
COMBINED APPLICATION
1. Submission Nos.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-071,
Richard and Karen
260 Old Huron Rd
Part Lots 7 & 11 Biehn's Tract
Appearances:
In Support: R.
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT
222
NOVEMBER 18, 2008
1. Submission Nos. A 2008-071 B 2008-032 and B 2008-033 Cont'd
will
COMMITTEE OF ADJUSTMENT
223
NOVEMBER 18, 2008
1. Submission Nos. A 2008-071 B 2008-032 and B 2008-033 Cont'd
Submission No. B 2008-032
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
3. That the owner shall obtain demolition permit in order to demolish the existing
garage.
4.
5.
6.
COMMITTEE OF ADJUSTMENT
224
NOVEMBER 18, 2008
1. Submission Nos. A 2008-071 B 2008-032 and B 2008-033 Cont'd
Submission No. B 2008-032 Cont'd
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.
Carried
Submission No. B 2008-033
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
3. That the owner shall obtain demolition permit in order to demolish the existing
garage.
4.
COMMITTEE OF ADJUSTMENT
225
NOVEMBER 18, 2008
1. Submission Nos. A 2008-071 B 2008-032 and B 2008-033 Cont'd
Submission No. B 2008-033 Cont'd
5.
registered transfer.
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.
Carried
Submission No. A 2008-071
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
COMMITTEE OF ADJUSTMENT
226
NOVEMBER 18, 2008
1. Submission Nos. A 2008-071 B 2008-032 and B 2008-033 Cont'd
Submission Nos.: A 2008-071 Cont'd
3. That the owner shall obtain demolition permit in order to demolish the existing
garage.
4.
5.
6.
following:
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
This
a.m. with the following
McColl
NEW BUSINESS
MINOR VARIANCE
1.
At
COMMITTEE OF ADJUSTMENT
227
NOVEMBER 18, 2008
2. Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-072
John (Junqiang) Wang & Hui Shi
540 Frederick Street
Part Lot 60 Plan 764
Appearances:
In Support:
J. Wang
H. Shi
Contra:
Matuszek
Written Submissions:
1. & L. Matuszek
The
1.
by asphalt within 18 months of the date of
19,2006.
COMMITTEE OF ADJUSTMENT
228
NOVEMBER 18, 2008
2. Submission No. A 2008-072 Cont'd
3.
4.
of the abutting resident.
The
Corridor
COMMITTEE OF ADJUSTMENT
229
NOVEMBER 18, 2008
2. Submission Nos. A 2008-072 Cont'd
Mr.
There is a lot of traffic to and from this property with up to 5 cars at a time parked in the
rear yard.
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
the
the
of
2.
3.
rear with asphalt or a tar and
4.
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
230
NOVEMBER 18, 2008
2. Submission Nos. A 2008-072 Cont'd
3.
Carried
3. Submission No.:
Applicant:
Property Location:
Legal Description:
A 2008-073
Savic Homes Ltd
1241 Strasburg Road
Part Lot 14, Plan 1471 & Part Lots 1&2, Plan 1478
and Part of Strasburg Road, being Parts 3, 4, 6, 8 9,
10 12 14 & 18 Reference Plan 58R-5359
Appearances:
In Support:
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT
231
NOVEMBER 18, 2008
3. Submission Nos. A 2008-073 Cont'd
The
has not identified any concerns with allowing the
Corridor
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
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
4. Submission No.:
Applicant:
Property Location:
Legal Description:
A 2008-074
DMJ Holdings Inc.
130 Highland Road West
Lot 366, Subdivision of Lot 17, German Company Tract &
Part Lot 2 Plan 183
Appearances:
In Support: D. & L. Johnston
Contra: None
Written Submissions: None
advised the applicant is
in a building with 232.2576
the required 4,700 sq. m.
COMMITTEE OF ADJUSTMENT
232
NOVEMBER 18, 2008
4. Submission Nos. A 2008-074 Cont'd
The
Corridor
COMMITTEE OF ADJUSTMENT
233
NOVEMBER 18, 2008
5. Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-075
Mensud & Fata Hadiavdic
22 Indigo Street
Lot 95 Reoistered Plan 58M-283
Appearances:
In Support:
D. Hadiavdic
Contra:
None
Written Submissions:
None
than the required 7.5m (24.6')
The variance meets the intent of the Official Plan for the following reasons.
The
Corridor
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
a
of
22
COMMITTEE OF ADJUSTMENT
234
NOVEMBER 18, 2008
5. Submission Nos. A 2008-075 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
6. Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
810631
512 Country Clair Place
Lot 31 Reoistered Plan 58M-398
Appearances:
In Support: K. Hillis
Contra: None
Written Submissions: None
The
1.
2.
3.
COMMITTEE OF ADJUSTMENT
235
NOVEMBER 18, 2008
6. Submission No. A 2008-076 Cont'd
4. The
the
the
The
Corridor
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
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
Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
810631
151 Pebble Creek Drive
Lot 26 Reoistered Plan 58M-397
Appearances:
In Support: K. Hillis
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT
1.
Submission No. A 2008-077 Cont'd
236
NOVEMBER 18, 2008
2.
3.
4. The
The Committee considered the
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
(24.6'), Lot 26,
BE APPROVED.
the
the
Corridor
7.5m
Drive, Kitchener, Ontario,
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:
Legal Description:
Appearances:
In Support:
Contra:
Written Submissions:
Carried
P. Bunker
D. Houle
None
COMMITTEE OF ADJUSTMENT
237
NOVEMBER 18, 2008
8. Submission No. A 2008-078 Cont'd
patios as balconies
2.
3.
COMMITTEE OF ADJUSTMENT
238
NOVEMBER 18, 2008
8. Submission Nos. A 2008-078 Cont'd
4.
Zoning By-law.
3.
4.
COMMITTEE OF ADJUSTMENT
239
NOVEMBER 18, 2008
8. Submission No. A 2008-078 Cont'd
2.
3.
4.
The
Corridor
Mr. Houle advised that he lives at 43 Maurice Street which abuts the subject
be He
storm
site
Mr.
With
the Committee
easement
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
1.
2.
issue at 43 Maurice Street
COMMITTEE OF ADJUSTMENT
240
NOVEMBER 18, 2008
8. Submission No. A 2008-078 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
9. Submission Nos.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-079 to A 2008-083
Valleyview Heights
324 Beaumont Crescent, 328 Beaumont Crescent,
332 Beaumont Crescent, 336 Beaumont Crescent
and 340 Beaumont Crescent
Lots 31 32 33 34 & 35 Reoistered Plan 58M-454
Appearances:
In Support:
J. Passy
Contra:
None
Written Submissions:
None
property.
to
neighbouring residential properties.
COMMITTEE OF ADJUSTMENT
241
NOVEMBER 18, 2008
9. Submission Nos. A 2008-079 to A 2008-083 Cont'd
that a surveyor's error shortened the lots for the types of houses
Submission No. A 2008-079
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
Submission No. A 2008-080
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
242
NOVEMBER 18, 2008
9. Submission Nos. A 2008-079 to A 2008-083 Cont'd
Submission No. A 2008-081
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
Submission No. A 2008-082
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
of Kitchener Zoning By-law and
Carried
Submission No. A 2008-083
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
243
NOVEMBER 18, 2008
10. Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-084
Daniel & Emily Ballent
150 Weber Street East
Part Lot 42 Subdivision of Lot 2 German ComDanv Tract
Appearances:
In Support:
E. Ballent
Contra:
None
Written Submissions:
None
The
is
to
COMMITTEE OF ADJUSTMENT
244
NOVEMBER 18, 2008
10. Submission No. A 2008-084 Cont'd
The
Corridor
Ms. Ballent advised that she agrees with the staff recommendation.
Mr. McColl
but the impact will be
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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
11. Submission No.:
Applicant:
Property Location:
Leaal Descriotion:
A 2008-085
Michelle Shireen Baum
95 Scott Street
Part Lot 21 Plan 406
Appearances:
In Support:
M. Baum
Contra:
None
Written Submissions:
None
The
COMMITTEE OF ADJUSTMENT
245
NOVEMBER 18, 2008
11. Submission No. A 2008-085 Cont'd
houses on the street.
The
Corridor
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
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
246
NOVEMBER 18, 2008
11. Submission No. A 2008-085 Cont'd
3.
of Kitchener Zoning By-law and
Carried
12. Submission No.: A 2008-086
Applicant: Brian Hiller
Property Location: 47 Broadview Avenue
Leaal Descriotion: Part Lot 127 Plan 765
Appearances:
In Support: B. Hiller
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT
247
NOVEMBER 18, 2008
12. Submission No. A 2008-086 Cont'd
Corridor
2.
3.
4.
The
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
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
248
NOVEMBER 18, 2008
12. Submission No. A 2008-086 Cont'd
3.
of Kitchener Zoning By-law and
Carried
CONSENT
1. Submission No.:
Applicant:
Property Location:
Legal Description:
B 2008-034
Integra Homes Inc. & Sunvest Development Corp
172 & 174 Huck Crescent
Lot 27, Registered Plan 58M-435, being Parts 1 &2,
Reference Plan 58R-16329
Appearances:
In Support:
J. Oliver
Contra:
None
Written Submissions:
None
275 square metres.
COMMITTEE OF ADJUSTMENT
249
NOVEMBER 18, 2008
1. Submission No. B 2008-034 Cont'd
Moved by Ms. C. Balcerczyk
Seconded by Mr. B. McColl
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.
Carried
2. Submission No.:
Applicant:
Property Location:
Legal Description:
B 2008-035
H20 Express Ltd.
133 Hollinger Crescent & 10 Dumart Place
Parts of Lot 112, German Company Tract, being Parts
3 4 & 5 Reference Plan 58R-4735
Appearances:
In Support:
A. Lavallee
Contra:
None
Written Submissions:
None
COMMITTEE OF ADJUSTMENT
250
NOVEMBER 18, 2008
2. Submission No. B 2008-035 Cont'd
36 in By-law 85-1.
not
result of this conveyance.
Moved by Mr. B. McColl
Seconded by Ms. C. Balcerczyk
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.
COMMITTEE OF ADJUSTMENT
251
NOVEMBER 18, 2008
2. Submission No. B 2008-035 Cont'd
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11 :17 a.m.
Dated at the City of Kitchener this 18th day of November, 2008.