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HomeMy WebLinkAboutAdjustment - 2009-05-19COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MAY 19, 2009 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl & A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. B. Cronkite, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Ms. A. Head Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of April 21, 2009, as mailed to the members, be accepted. Carried UNFISINSED UNBUSINESS MINOR VARIANCE Submission Nos.: A 2009-016 Applicant: Linda & Jamie Schreiter Property Location: 99 Spadina Road West Leaal Description: Part Lot 418 & 419. Reaistered Plan 230 Appearances: In Support: J. Schreiter Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to locate the required parking space in the driveway, 2.18 m (7.1') from the street line, rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated May 5, 2009, advising that the subject property is located at 99 Spadina Road West and contains a single detached dwelling with an attached garage. The subject lot is approximately 11.37 metres wide by 38.16 metres deep, with an area of approximately 433.90 square metres. The property is designated Low Rise Residential in the Official Plan and zoned Residential Five (R-5) in the Zoning By-law. The applicants are planning to convert the existing attached garage into a living space and have requested relief from Section 6.1.1.1 of the Zoning By-law to allow a parking space to be located 2.18 metres from the street line, rather than the required 6.0 metres. COMMITTEE OF ADJUSTMENT 82 MAY 19, 2009 1. Submission Nos.: A 2009-016. (Cont'dl 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 offers the following comments. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed conversion at 99 Spadina Avenue West is consistent in form and use with other development in the area. The variance meets the intent of the Zoning By-law because the purpose of locating the required off-street parking space 6.0 metres from the street line is to provide an adequate buffer between the garage and street and to maintain the appearance of the streetscape and to allow an opportunity for two vehicles to be parked off the road right- of-way, on the property. The subject property currently contains a single car garage and a driveway length of 7.68 metres and a width of approximately 3 metres. The off- street parking by-law requires one parking space for each dwelling unit, which is usually provided in the garage. However, on this property one parking space can be fully achieved on the driveway without encroaching onto the street right-of-way. Staff is of the opinion that the variance requested is minor in nature because parking can still be accommodated on-site. The reduction in the setback from the street line will not have an adverse impact on the neighbourhood. The variance is considered desirable and appropriate for the development and the use of the land as the conversion of the garage creates increased living space. In addition, the subject property will be able to accommodate the required parking space. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. In response to a question from Mr. Schreiter the Chair advised that he must obtain a building permit in addition to the approval of this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Linda & Jamie Schreiter requesting permission to locate the required parking space in the driveway, 2.18 m (7.1') from the street line, rather than the required 6m (19.68'), on Part Lots 418 & 419, Registered Plan 230, 99 Spadina 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. 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 This meeting recessed at 9:40 a.m. and reconvened at 10:11 a.m. with the following members present: Messrs. D. Cybalski, A. Head and B. McColl. COMMITTEE OF ADJUSTMENT 83 MAY 19, 2009 NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2009-018 Applicant: Cynthia Squires Property Location: 226 Queen Street South Leaal Description: Part Lot 57. Plan 393 Appearances: In Support: C. Squires B. Irving Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 3 off- street parking spaces for a special care home with one non-resident employee rather than the required 4off-street parking spaces. The Committee considered the report of the Development and Technical Services Department, dated April 3, 2009, advising that at the meeting of the Committee of Adjustment on April 21, 2009, Application A2009-16 was deferred to the May 19, 2009 meeting to allow for the advertisement of the amended application. The applicant is requesting a variance from section 6.1.2(a) of the City of Kitchener Zoning Bylaw 85-1 to reduce the required number of off-street parking spaces from four to three. The subject property is located at 226 Queen Street South and contains a residential care facility having 14 clients. The subject property is designated as Mixed-Use Corridor in the City's Official Plan and is zoned Commercial Residential Three (CR-3) in By-law 85-1. A residential care facility with nine or more residents requires three parking spaces per facility, plus one space for every three non-resident employees. There are fourteen clients at the facility and the applicant will be hiring one non-resident employee. The addition of an employee will result in the minimum number of off-street parking spaces to increase from three to four. Due to the layout of the existing driveway, a fourth legal space cannot be provided on the site. Transportation Planning Staff have given consideration to the proposal and commented that four legal off-street parking spaces cannot be provided on the site. Staff also recognizes that a number of spaces are currently provided illegally on-site in tandem. The Committee of Adjustment has previously approved three space in tandem (A 2004- 003), and therefore three spaces can legally be provided in tandem. The applicant stated that only three off-street parking spaces are required for the operation of the residential care facility. The previous deferred application to locate a fourth space in tandem could not be supported by staff; therefore the applicant has amended the application to request relief from Section 6.1.2(a) of the City of Kitchener Zoning Bylaw to reduce the required number of off-street parking spaces for a Residential Care Facility having nine or more residents (and one non-resident employee) from four to three. This proposal is acceptable to Transportation Planning, Heritage, and Urban Design Staff. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, 2009, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT 84 MAY 19, 2009 1. Submission Nos.: A 2009-018. (Cont'dl Ms. Squires advised that they have a licence from the Ministry of Health to operate a special care home, and they are required to provide an additional parking space. There is sufficient parking for actual usage but not to meet the by-law requirement. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Cynthia Squires requesting permission to provide 3off-street parking spaces for a Residential Care Facility having 9 or more residents and one non- resident employee rather than the required 4off-street parking spaces, on Part Lot 57, Plan 393, 226 Queen Street South, 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 2. Submission Nos.: A 2009-022 Applicant: Danny & Emily Ballent Property Location: 150 Weber Street East Legal Description: Part Lot 42, Subdivision of Lot 2, German Company Tract Appearances: In Support: B. Cronkite Contra: None Written Submissions: None The Committee was advised that the applicants are requesting legalization of the front porch and steps having a setback from Weber Street East of 0.4m (1.31') rather than the required 4.5m (14.76'). The Committee considered the report of the Development & Technical Services Department, dated May 11, 2009, in which they advise that the subject property is located on Weber Street between Madison Avenue and Cameron Street and is developed with a single detached dwelling. The land is designated as Low Density Commercial Residential in the King Street East Secondary Plan of the City's Official Plan and zoned Commercial Residential One (CR-1) in By-law 85-1. The applicant previously requested a minor variance to reduce the required front yard setback from 4.5m to 0.4m in order to permit the construction of new concrete steps and a porch. The Committee of Adjustment heard this matter on November 18, 2008 and approved the application subject to two conditions: 1. That engineered drawings for the precast front porch are submitted to the satisfaction of the City's Building Division as part of the building permit application, and 2. That the building permit application for the front porch and steps demonstrate to the satisfaction of the City's Transportation Planning Division that the development is not located within the driveway visibility triangle. COMMITTEE OF ADJUSTMENT 85 MAY 19, 2009 2. Submission Nos.: A 2009-022. (Cont'dl Since the conditional approval was granted, City staff issued a building permit without being aware that conditions of approval were imposed. Contrary to Condition 2, the steps and porch were constructed within the driveway visibility triangle. Although the steps and porch are within the driveway visibility triangle, Transportation Planning has advised that it has no concerns with the proposed variance given that an inspection of the site indicates that adequate sight lines are provided. With the assistance of City staff, the owner has submitted a new minor variance application requesting reconsideration of the previously requested variance. In light of the construction of the steps/porch and revised comments from Building Division and Transportation Planning staff, the Planning Division is satisfied that the that the four test for minor variances have been met and recommends that the application be approved without conditions. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Danny & Emily Ballent requesting legalization of the front porch and steps having a setback from Weber Street East of 0.4m (1.31') rather than the required 4.5m (14.76'), on Part Lot 42, Subdivision of Lot 2, German Company Tract, 150 Weber Street East, 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 2009-023 Applicant: Merrill & Susan Willis Property Location: 1825 Glasgow Street Leaal Description: Part Lot 38. German Company Tract Appearances: In Support: R. Strype Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to expand a legal non-conforming residential use by constructing a detached garage to be accessory to the existing single family dwelling. The Committee considered the report of the Development and Technical Services Department, dated May 8, 2009, advising that the subject property is located on the northeast side of Glasgow Street north of Highland Road. The property is 2.1 hectares in area and has 99.7 metres of frontage on Highland Road. A single detached dwelling is located toward the west corner of the property. The dwelling was constructed in the late 1980s. The property also contains a detached garage in the rear yard, the approximate dimensions of which being 18 metres by 9 metres. The east and north COMMITTEE OF ADJUSTMENT 86 MAY 19, 2009 3. Submission Nos.: A 2009-023. (Cont'd portions of the site appear to be used for crop production. Staff conducted a site inspection of the property on May 6, 2009. The surrounding area appears to be in transition. The lands to the north are owned by Hydro One Networks and are used for hydro-electric facilities and crop production. Most of the properties along this stretch of Glasgow Street are large-lot properties used for single detached dwellings, with limited institutional and industrial uses interspersed. The subject property and surrounding area are designated General Industrial in the City's Official Plan and are zoned General Industrial (M-2) in the Zoning By-law. The single detached dwelling on the subject property is considered to be a legal non- conforming use, since it is not permitted in the M-2 Zone. It should be noted that the properties on either side of the subject property contain legal non-conforming single detached dwelling uses also. The owner is requesting permission under Section 45(2)(a) of the Planning Act to allow the construction of another detached accessory building. This building would be accessory to the existing, legal non-conforming single detached dwelling. The Planning Division understands that the building would be used to store classic cars for the owner's personal hobby purposes. The proposed accessory building has a height of 4.88 metres (one storey) and the dimensions of the proposed building are 24.4 metres by 18.3 metres, for a total of 445.9 square metres. The building would be located adjacent to the northwesterly lot line, maintaining a 1.2 metre side yard setback. It should be noted that an application to change a legal non-conforming use, in this case by allowing a detached garage accessory to a legal non-conforming single detached dwelling, does not have to meet the four tests for a minor variance. Case law has determined that in deciding such a permission application, consideration should be based on: 1. Impact on the surrounding area. Does the proposed use create unacceptable adverse impacts upon the abutting properties, and 2. Desirability for development of the property. In considering these tests, Planning staff offers the following comments. The property to the northwest of the proposed building is used as a single detached dwelling. Similarly to the subject property, the neighbouring property is a large lot, the house on which is set back significantly from the proposed building (approximately 75 metres or more). In addition, the bulk of the building is spread out since the building is proposed to be one storey in height. Planning staff is of the opinion that the effect on the Ontario Hydro property to the rear is negligible. Although a 1.2 metre side yard setback is proposed and is adequate for most uses in the M-2 Zone, due to the significant length of the building and the sensitivity of the abutting legal non-conforming residential property, Planning staff is of the opinion that a greater side yard setback should be required. If in the future the proposed building is converted into an M-2 use, such as manufacturing, there may be a conflict with the adjacent residential use. Considering the significant size of the property, staff does not feel that this would compromise the developability of the property for other M-2 uses in the future. In this regard, staff recommends that a 6 metre north westerly side yard setback be imposed, as per the setback requirement for M-2 uses from residential zones. With respect to desirability of proposed accessory building, staff acknowledges that the proposed use of the building is for personal warehousing purposes. Although no such provision to allow accessory warehousing is made in the M-2 Zone, staff advises that the building could be converted into astand-alone M-2 use in the future, such as stand- alone warehousing or manufacturing. The proposed building is more in line with the M- 2Zone than the single detached dwelling use and may decrease the degree of non- compliance. In essence, if approved, the proposal would be more fitting with the M-2 Zone than the single detached dwelling use alone. COMMITTEE OF ADJUSTMENT 87 MAY 19, 2009 3. Submission Nos.: A 2009-023. (Cont'dl In addition, since the single detached dwelling and accessory buildings would all be located along the northwesterly side lot line, the significantly larger remnant could be severed for general industrial use without compromising the usable portion of the lands. While staff acknowledges the risk that allowing the construction of the accessory building may perpetuate the legal non-conforming single detached use, staff advises that the proposed building could be easily converted to a stand-alone M-2 use and may make the property more attractive to prospective purchasers wishing to use the property for industrial purposes. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. Mr. Strype stated that staff's position is the required sideyard setback should be more, and it seems to be based on some perceived sensitivity to the neighbours. However, none of the adjacent property owners have filed an objection. It also seems that staff is concerned about the potential future industrial use of this property, as it is zoned M-2. However, this application seeks permission to expand a legal non-conforming residential use. The proposed building is at the farthest point from any road access and it is difficult to see how it could be put to industrial use. Further it could not be severed for that use. Ms. von Westerholt stated that staff's intention is to recognize the house and legal non- conforming use and the proposed accessory building as an expansion to a legal non- conforming use. However, in the event that this use ceases, there should be the ability for this accessory building to remain and to be put to an industrial use. In response to a question from the Committee, Ms. von Westerholt advised that there is no limit on the number of accessory buildings that may be located on the property. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Merrill & Susan Willis requesting permission to expand a legal non-conforming residential use by constructing an 18.29m (60') by 24.38m (80') detached garage to be accessory to the existing single family dwelling, on Part Lot 38, German Company Tract, 1825 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a budiling permit prior to constructing the proposed accessory building, and the building shall be constructed in general accordance with the dimensions and location outlined in Committee of Adjustment Application A2009-023, except that the northwesterly side yard setback be revised from 1.22 metres to 6.0 metres, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. The impact of this accessory building will not create an inacceptable adverse impact on the abutting properties. 2. This application is desirable for the appropriate development of the property. 3. That the land this is subject of this application was lawfully used for a single family dwelling on the day the by-law was passed to prohibit this use. Carried COMMITTEE OF ADJUSTMENT 88 MAY 19, 2009 4. Submission Nos.: A 2009-024 Applicant: Jose Monica Neto Property Location: 31 Troy Street Legal Description: Lot 21, Plan 124 Appearances: In Support: None Contra: None Written Submissions: None As no one appeared in support of this application, the Committee agreed to defer its consideration of this appli cation to its meeting scheduled for June 16, 2009. 4. Submission Nos.: A 2009-025 Applicant: Matthew & Lesley Kraehling Property Location: 44 Mayfair Court Legal Description: Lot 126, Plan 1216 Appearances: In Support: M. Kraehling Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct an attached garage to have a rear yard (the yard opposite from Holborn Drive) of 6.058m (19.87') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated May 4, 2009, advising that the subject property is municipally addressed as 44 Mayfair Court. The property is approximately 18.288 metres wide by 33.528 metres deep, with an area of approximately 613.16 square metres. The property is a corner lot at the intersection of Holborn Drive and Mayfair Court. The existing dwelling on the site has an attached carport. The applicants are proposing to remove the carport and construct a larger attached garage which will infringe in the rear yard. The property is designated Low Rise Residential in the City's Official Plan and zoned Residential Three (R-3) in the Zoning Bylaw. The applicants are proposing to replace the existing carport with a larger garage. The applicants have requested a variance to reduce the rear side yard setback from 7.5m to 6.058m in order to accommodate a larger two-car garage. The applicant would like to construct a garage which can house two vehicles. The requested relief is minor in nature because the resulting development will be similar to the existing carport, only slightly larger. There is adequate amenity space in the side yard adjacent to the street and the front yard for the residents. The remaining rear yard will continue to be an adequate size. The requested relief is desirable and appropriate as it will help to address ongoing concerns from neighbouring residents with regard to the outdoor storage of the automotive parts. The added interior space in the garage will allow the applicants to work on their personal vehicles inside the garage without disrupting the neighbours. Mr. Kraehling applicant is a hobby mechanic and has been advised that he is only permitted to work on his own personal vehicle on the subject property. COMMITTEE OF ADJUSTMENT 89 MAY 19, 2009 4. Submission Nos.: A 2009-025. (Cont'dl The reduction in the rear yard setback is consistent with the intent of the Low Rise Residential district in the Official Plan. Based on the foregoing, Planning staff recommends that this application be approved as requested. The rear yard relief is appropriate given the nature of the proposed use and the design and function of the building, and because Staff is of the opinion that the requested relief is minor in nature because the increased size of the garage and the reduction in the rear yard will maintain the general intent of the zoning district as no additional dwelling units are proposed in the low density community. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. The Committee confirmed with Mr. Kraehling that the only vehicles to be repaired in the new garage will be his own vehicles. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Matthew & Lesley Kraehling requesting permission to construct an attached garage to have a rear yard (the yard opposite from Holborn Drive) of 6.058m (19.87') rather than the required 7.5m (24.6'), on Lot 126, Plan 1216 44 Mayfair Court, 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 5. Submission Nos.: A 2009-026 Applicant: Joseph LeBlanc & Marcella Richards Property Location: 81 Fourth Avenue Leaal Description: Lot 96. Plan 254 Appearances: In Support: J. LeBlanc M. Richards Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct an attached carport and garage to have a northerly side yard of 0.852m (2.79') rather than the required 1.2m (3.93') and a rear yard of 4.579m (15.02') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated May 8, 2009, advising that the subject property is located on the east side of Fourth Avenue between Connaught Street and Kingsway Drive. It is zoned Residential Four (R-4) and is designated Low Rise Residential in the Official Plan. The use of the property as a single family dwelling is permitted. COMMITTEE OF ADJUSTMENT 90 MAY 19, 2009 5. Submission Nos.: A 2009-026. (Cont'dl The applicants are requesting permission to construct an attached carport and garage to have a northerly side yard of 0.852 metres (2.798 feet) rather than the required 1.2 metres (3.93 feet) and a rear yard of 4.579 metres (15.02 feet) rather than the required 7.5 metres (24.6 feet). 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 offers the following comments. The requested variances meet the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed development at 81 Fourth Avenue is consistent with the Low Rise Residential designation. The proposed variances can be considered to meet the intent of the Zoning By-law. The purpose of requiring a 1.2 metre side yard setback is to provide sufficient space for access to all sides of a dwelling on the property as well adequate separation from neighbouring properties and to allow space for the construction of a foundation. Staff is of the opinion that the requested setback of 0.85 metre would still allow for adequate separation from the neighbouring property as well as adequate maintenance access. The second variance would also meet 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 as adequate separation from neighbouring properties. The proposed setback of 4.5 metres would continue to allow sufficient outdoor amenity space to be provided with minimal impact on neighbouring properties. The requested variances are minor in nature and will not have adverse impacts to the surrounding properties. The existing wood fencing along the left side yard and rear yard would also mitigate any impact from the proposed variances. The variances are considered desirable and appropriate for the development and the use of the land. The garage and a carport are both accessory to the residential use and therefore are consistent with the established development within the neighbourhood with no anticipated adverse impacts. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Joseph LeBlanc & Marcella Richards to construct an attached carport and garage to have a northerly side yard of 0.852m (2.79') rather than the required 1.2m (3.93') and a rear yard of 4.579m (15.02') rather than the required 7.5m (24.6'), on Lot 96, Plan 254, 81 Fourth Aveune, 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 91 MAY 19, 2009 CONSENT 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive Applicant: Patrick George Property Location: Terrance Wood Cres Legal Description: Parts of Lot 11, Beasley's Broken Front Concession, being Parts 1-13, Reference Plan 58R-16475 Appearances: In Support: P. Chavin Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a strip of land, having a width on Pioneer Tower Road of 233.66m (766.6') and a depth of 4m (13.12'), into 11 parcels of land to be conveyed as lot additions to 10 properties having frontage on Terrace Wood Crescent and 1 property having frontage on Deer Ridge Drive. Each of the severed parcels of land will be conveyed and none are proposed to be retained. The severed parcels of land will have the following dimensions: B 2009-011 - to be an addition to 271 Terrace Wood Crescent Width - 4.74m (15.55') -Area - 19 sq. m. (204.5 sq. ft.) B 2009-012 - to be an addition to 275 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-013 - to be an addition to 279 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-014 - to be an addition to 283 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-015 - to be an addition to 287 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-016 - to be an addition to 291 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-017 - to be an addition to 295 Terrace Wood Crescent Width - 18.526m (60.78') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-018 - to be an addition to 299 Terrace Wood Crescent Width 18.518m (60.75') -Area - 74.1 sq. m. (797.63 sq. ft.) B 2009-019 - to be an addition to 303 Terrace Wood Crescent Width - 25.699m (84.31') -Area - 100.8 sq. m. (1085.03 sq. ft.) B 2009-020 - to be an addition to 307 Terrace Wood Crescent Width - 38.589m (126.6 ft.) -Area - 156.3 sq. m. (1682.45 sq. ft.) B 2009-021 - to be an addition to 545 Deer Ridge Drive Width - 35m (114.82 ft.) -Area - 140 sq. m. (459.31 sq. ft.) The Committee considered the report of the Development & Technical Services Department, dated May 8, 2009, in which they advise that JHS properties is seeking consent approval for lot additions to eleven (11) undeveloped registered lots which front onto Terrace Wood Crescent and one property located at the corner of Pioneer Tower Road and Deer Ridge Drive. The lands to receive the proposed lot additions are legally described as Lots 2, 3, 16 through 24 of Registered Plan 58M-463 and Part 1, 58R- COMMITTEE OF ADJUSTMENT 92 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl 16411. These lots are zoned Residential Three (R-3) and designated "Low Rise Residential" in the City's Official Plan. Surrounding land use is residential. Pioneer Tower Road is used as a public trail. Part of Pioneer Tower Road was closed by By-law 2000-134, as amended by By-law 2002-221. The said By-laws provided that the stopped up and closed portions of Pioneer Tower Road were to be conveyed to the abutting owners. Accordingly, a four metre wide by approximately 215 metre long strip of land, legally described as Parts 5 and 6 on Reference Plan 58R-8433, now Parts 1 to 13, 58R-16475 was conveyed to J H S Properties Inc. by Instrument Number LT0147642 on October 10, 2003. The purpose of the application is to convey this four metre strip of land situated along the south side of the Pioneer Tower Road and add it the rear of the aforementioned lots as lot additions in thirteen (13) parts. 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, staff is satisfied that the creation of the lot additions is desirable and appropriate. The configuration of the lot additions can be considered appropriate/suitable for the development of the residential uses permitted in the zoning and is compatible with the neighbourhood. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated May 8, 2009, in which they advise that they have no objections to this application. Mr. Chauvin was in attendance on behalf of the applicant in the support of the staff report and recommendation. Upon questioning by the Committee, he advised that the parkland dedication was previously paid to the City. Submission No.: B 2009-011 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 4.74m (15.55') by a depth of 4m (13.12') and having an area of 19 sq.m. (204.5 sq.ft.), to be conveyed as a lot addition to 271 Terrace Wood Crescent, on Part Lot 11, Beasley's Broken Front Concession, being Part 1, Reference Plan 58R- 16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 93 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-011, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-012 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 275 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 2, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 94 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-012, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-013 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 279 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 3, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 95 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-013, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-014 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 283 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 4, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 96 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-014, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-015 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 287 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 5, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 97 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-015, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-016 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 291 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 6, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 98 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-016, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-017 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 295 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 7, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 99 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-017, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-018 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 299 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 8, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 100 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-018, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-019 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 303 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Parts 9 & 10, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 101 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-019, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-020 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 18.526m (60.78') by a depth of 4m (13.12') and having an area of 74.1 sq.m. (797.63 sq.ft) to be to be conveyed as a lot addition to 307 Terrance Wood Crescent, on Part of Lot 11, Beasley's Broken Front Concession, being Part 11 & 12, Reference Plan 58R-16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 102 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-020, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried Submission No.: B 2009-021 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Patrick George requesting permission to sever a parcel of land having a width of 35m (114.82') by a depth of 4m (13.12') and having an area of 140 sq.m. (1506.99 sq.ft) to be to be conveyed as a lot addition to 545 Deer Ridge Drive, on Part of Lot 11, Beasley's Broken Front Concession, being Part 13, Reference Plan 58R- 16475, Pioneer Tower Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the land to be severed in this application shall be added to the abutting lands and title shall be taken in 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. COMMITTEE OF ADJUSTMENT 103 MAY 19, 2009 1. Submission Nos.: B 2009-011 to B 2009-021 Inclusive. (Cont'dl Submission No.: B 2009-021, (Cont'd) 4. That the owner's Solicitor shall provide the City Solicitor with 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 May 19, 2011. Carried COMBINED APPLICATION 1. Submission Nos.: A 2009-027 and B 2009-022 Applicant: Minh Le Thi Le Property Location: 127 Franklin Street North Legal Description: Part Lot 31, Plan 887 Appearances: In Support: L. Minh Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Franklin Street North of 11.95m (39.2'), a depth on the northerly side of 39.741 m (130.38'), a depth on the southerly side of 29.69m (97.4') and an area of 403.7 sq. m. (4,209.59 sq. ft.). The property currently contains an existing attached garage and will be developed with asemi-detached dwelling unit. The retained land will have a width on Franklin Street North of 20.499 m (67.25'), a triangular shape, a depth on the northerly side of 29.69m (97.4') and an area of 421.1 sq. m. (4,532.83 sq. ft.). This land will contain the existing dwelling, which will become asemi-detached dwelling unit. Also, the applicant is requesting legalization of the existing dwelling having a front yard setback of 4.15m (13.61') rather than the required 4.5m (14.76') and a rear yard of 4.38m (14.37') rather than the required 7.5m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated May 8, 2009, in which they advise that subject property is a triangular-shaped lot located on the east side of Franklin Street North, north of Prospect COMMITTEE OF ADJUSTMENT 104 MAY 19, 2009 1. Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl Avenue and backing onto Woodland Cemetery. The neighbourhood contains a mix of residential uses including semi-detached dwellings, single detached dwellings, and multiple residential buildings. The property has an area of 824.8 square metres and a frontage of 32.4 metres on Franklin Street North. The property contains a single detached dwelling with an attached garage constructed in the mid-1950s. The property is designated Low Rise Residential in the Official Plan and is zoned Residential Four Zone (R-4). Staff conducted a site inspection of the property on May 6, 2009. The owner is requesting consent to sever the subject property into two parcels in such a way as to divide the single detached dwelling from the attached garage, thereby creating two semi-detached houses. The retained lot would have a lot area of 421.1 square metres and a frontage of 20.5 metres and would contain the habitable portion of the former single detached dwelling. The severed lot would have a lot area of 403.7 square metres and a frontage of 11.95 square metres and would contain the garage portion of the former single detached dwelling. The applicant is also proposing to construct an addition to the rear of the existing garage on the severed lot and to convert the garage into habitable space. Currently, the existing single detached dwelling does comply with the regulations of the Zoning By-law. It should be noted, however, that the rear yard and the front yard comply only due to their applicability under the Vacuum Clause (Section 5.15) which has the effect of "grandfathering"them. Since the exemptions of the Vacuum Clause only apply to the use which existed on October 11, 1994 (i.e., a single detached dwelling) and not to the proposed semi- detached dwelling, minor variance approval is required in order to remedy the front and rear yards of the retained lot (only) and to facilitate the severance of the property. In this regard, the applicant is requesting minor variance approval for the retained lot: • requesting a minimum front yard of 4.15 metres, whereas the Zoning By-law requires 4.5 metres, and • requesting a minimum rear yard of 4.38 metres, whereas the Zoning By-law requires 7.5 metres. Planning staff advises that the consent application should not receive approval by the Committee of Adjustment if the minor variance application is not first approved, as this would lead to the retained lot not being in compliance with the Zoning By-law. 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 variances meet the intent of the Official Plan for the following reasons. In Low Rise Residential districts, the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. In this case, a variance would allow the single detached dwelling to be converted into asemi-detached dwelling which would add to the mix of residential land uses in the area. The Official Plan also states that where minor variances are requested to facilitate residential intensification or a redevelopment of lands, front yard setback reductions may be considered for new buildings in established neighbourhoods provided the front yard setback is similar to adjacent properties and supports and maintains the character of the streetscape. In this case, the dwelling, including the present front yard setback, has existed for half a century in the same form without issues. In addition, staff advises that the proposed front yard setback is similar to adjacent properties and maintains the character of the streetscape. The Official Plan further states that the overall impact of minor variances shall be reviewed to ensure that the lands can function appropriately and not adversely impact COMMITTEE OF ADJUSTMENT 105 MAY 19, 2009 1. Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. In this case, the legal parking requirement can be met on the proposed lot and an appropriate landscaped /amenity area can be provided on the site. The variances meet the intent of the Zoning By-law for the following reasons. Due to the size and shape of the retained lot, adequate rear yard amenity space can be provided. Although at the southern extent of the dwelling the rear yard is only 4.38 metres, due to the triangular lot shape, the rear yard at the eastern extent is approximately 17 metres. The rear yard would have an approximate area of 160 square metres, whereas under the R-4 Zone, using the minimum lot width of 7.5 metres and the minimum rear yard of 7.5 metres, asemi-detached house is only required to have a rear yard area of 56 square metres. Staff is of the opinion that adequate amenity space can be provided. The proposed variances are minor in nature for the following reasons. The lands to the rear are used as a cemetery. This use is likely to remain as such indefinitely. Staff does not foresee any negative impact on the cemetery use, nor does staff foresee any conflicts between the proposed use and the adjacent use. The variances are appropriate for the desirable use of the land as asemi-detached house. The proposed semi-detached dwelling is a permitted use within the R-4 Zone and would add to the mix of low rise residential land uses in the area. 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 comments as follows. The Planning Act requires that regard shall be had to whether the plan which outlines the proposed severance conforms to the official plan, among other matters. In this case, the proposed severance is directly connected to a conversion of a single detached dwelling into asemi-detached dwelling and specifically, an attached garage into a semi-detached dwelling. In addition, the conversion requires physical modifications to the existing dwelling within a low density neighbourhood. The City's Official Plan states that any new residential buildings, additions to existing residential buildings, modifications to existing residential buildings and conversion in predominantly low density neighbourhoods shall be consistent with the massing, scale, design and character of that neighbourhood and both appropriate landscaped areas and appropriate parking areas are provided. In this regard, staff does not have the appropriate information at this time to ensure that the proposed severance would meet the intent of the Official Plan. However, staff is confident that if, as a condition of approval, elevation drawings are submitted for approval to demonstrate that the proposed conversion and related addition are compatible with respect to building massing and height, building orientation, architectural design, that the intent of the Official Plan would be met. As such, staff recommends that a condition of approval be applied in accordance with the above. Based on the foregoing, Planning staff recommends that application B2009-022 and A2009-027, be approved subject to the owner entering into a modified subdivision agreement which would allow the owner to fulfill conditions of approval without concern of the standard consent approval condition period lapsing without being able to fulfill conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated May 8, 2009, in which they advise that they have no objection to this application subject to the applicant completing a noise study to asses the impact of noise from Franklin Street for the severed and retained lands, and if COMMITTEE OF ADJUSTMENT 106 MAY 19, 2009 1. Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved transportation noise study attenuation measures. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 1, 2009, advising that they have no concerns with this application. Ms. Minh commented on the large number of conditions. Ms. von Westerholt stated that staff have requested that a number of conditions be included in an agreement with the City so as to allow the applicant a longer period of time to fulfill them. Submission No.: A 2009-027 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Minh Le Thi Le requesting legalization of the existing dwelling, to be contained on the retained land, having a front yard setback from Franklin Street north of 4.15m (13.61') rather than the required 4.5m (14.76') and a rear yard of 4.38m (14.37') rather than the required 7.5m (24.6'), on Part Lot 31, Plan 887, 127 Franklin Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 shall 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 pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Directors of Planning and Engineering Services, and registered on title of all of the subject lands. Said agreement shall require the owner to fulfill all of the following conditions: a. That the owner shall submit a site plan application to and obtain approval from the City's Director of Planning. Prior to occupancy being granted for the semi-detached dwelling on the severed parcel, the owner shall fulfil the following conditions: i. The owner shall make financial arrangements for the removal of any redundant service connections and the installation of new ones that may be required to service the severed and retained parcels of land, to the satisfaction of the City's Director of Engineering Services. ii. The owner shall close all redundant driveways, removing surfacing and landscaping this land. In addition, the owner shall install new curb and gutter and boulevard landscaping to City of Kitchener standards. Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works are to be completed at the owner's expense, to the satisfaction of the City's Director of Engineering Services. COMMITTEE OF ADJUSTMENT 107 MAY 19, 2009 Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl Submission No.: A 2009-027, (Cont'd) iii. The owner shall install a driveway on the severed and retained lands in accordance with the "Sketch of Proposed Severance", dated April 8, 2009, included with Consent Application B2009-022. The driveways shall be installed to the satisfaction of the City's Director of Planning. iv. The owner shall convert the existing garage located on the severed lands into habitable space prior to occupancy of the semi- detached dwelling on the severed parcel, to the satisfaction of the City's Director of Planning. v. The owner shall complete a common wall which prevents internal access between the proposed semi-detached houses and has the effect of preventing internal access between the houses, to the satisfaction of the Director of Planning. vi. The owner shall obtain approval of elevation drawings for the proposed semi-detached dwelling (both dwelling units), demonstrating that the proposed conversion and related addition are compatible with respect to building massing and height, building orientation, and architectural design, to the satisfaction of the Director of Planning. b. Prior to any grading, the owner shall submit a plan prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning, showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the existing and proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 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 108 MAY 19, 2009 1. Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl Submission No.: B 2009-022 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Minh Le Thi Le requesting permission to convey a parcel of land having a width on Franklin Street North of 11.95m (39.2'), a depth on the northerly side of 39.741 m (130.38'), a depth on the southerly side of 29.69m (97.4') and an area of 403.7 sq. m. (4,209.59 sq. ft.), on Part Lot 31, Plan 887, 127 Franklin Street North, Kitchener, BE GRANTED, subject to the following conditions: 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 shall 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 pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Directors of Planning and Engineering Services, and registered on title of all of the subject lands. Said agreement shall require the owner to fulfill all of the following conditions: a. That the owner shall submit a site plan application to and obtain approval from the City's Director of Planning. Prior to occupancy being granted for the semi-detached dwelling on the severed parcel, the owner shall fulfil the following conditions: i. The owner shall make financial arrangements for the removal of any redundant service connections and the installation of new ones that may be required to service the severed and retained parcels of land, to the satisfaction of the City's Director of Engineering Services. ii. The owner shall close all redundant driveways, removing surfacing and landscaping this land. In addition, the owner shall install new curb and gutter and boulevard landscaping to City of Kitchener standards. Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works are to be completed at the owner's expense, to the satisfaction of the City's Director of Engineering Services. iii. The owner shall install a driveway on the severed and retained lands in accordance with the "Sketch of Proposed Severance", dated April 8, 2009, included with Consent Application B2009-022. The driveways shall be installed to the satisfaction of the City's Director of Planning. iv. The owner shall convert the existing garage located on the severed lands into habitable space prior to occupancy of the semi- detached dwelling on the severed parcel, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT 109 MAY 19, 2009 Submission Nos.: A 2009-027 and B 2009-022. (Cont'dl Submission No.: B 2009-022, (Cont'd) v. The owner shall complete a common wall which prevents internal access between the proposed semi-detached houses and has the effect of preventing internal access between the houses, to the satisfaction of the Director of Planning. vi. The owner shall obtain approval of elevation drawings for the proposed semi-detached dwelling (both dwelling units), demonstrating that the proposed conversion and related addition are compatible with respect to building massing and height, building orientation, and architectural design, to the satisfaction of the Director of Planning. b. Prior to any grading, the owner shall submit a plan prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning, showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the existing and proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 7. That the owner shall complete a noise study, to the satisfaction of the Region of Waterloo, to asses the impact of noise from Franklin Street for the severed and retained lands; and further, That if necessary the owner shall enter into an agreement with the City of Kitchener to provide for the implementation of the approved transportation noise study attenuation measures. 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 May 19, 2011. Carried COMMITTEE OF ADJUSTMENT 110 MAY 19, 2009 ADJOURNMENT On motion, the meeting adjourned at 11:57 a.m. Dated at the City of Kitchener this 19th day of May, 2009. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment