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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.