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HomeMy WebLinkAboutAdjustment - 2003-02-11 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 11, 2005 MEMBERS PRESENT: Messrs. P. Britton, B. Issac, and D. Cybalski. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner Ms. K. Gaasenbeek, Planning Technician and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Britton, Acting-Chair, called this meeting to order at 10:00 a.m. Moved by Mr. B. Issac Seconded by Mr. D. Cybalski That the minutes of the regular meeting of the Committee of Adjustment of January 14, 2003, as mailed to the members, be accepted. UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: Carried A 2003-006 Sobeys Capital Incorporated 1111 Weber Street East Lot 125 & Part Lot 124, Registered Plan 765 & Part Lot 2, Registered Plan 267 Appearances: In Support: Jodi Shpigel Greg Boyd Dale Meinzinger Wendy Lepine Heather Pirkl Contra: None Public Submissions: In Support: None Contra: Mrs. V. Geddes The Committee was advised that the applicant requests permission to construct a new retail store with a rear yard of 1.5 m (4.92 ff.) rather than the required 7.5 m (24.6 ff.), a southerly side yard of 1.5 m (4.92 ft.) rather than the required 7.5 m (24.6 ft.), and permission to locate parking within 0.9 m (2.95 ff.) of the lot line abutting Highway 8 rather than the required 3 m (9.84 ff.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - February 4, 2003 - in support; as amended, only as it applies to the site plan finally approved under Application SP 03/01NV/D. · The following had no concerns or comments with respect to this application: COMMITTEE OF ADJUSTMENT 10 FEBRUARY 11, 2003 1. Submission No.: A 2003-006 (Cont'd) · Region of Waterloo - January 7, 2003 · Grand River Conservation Authority- January 3, 2003; The Committee noted the written submission of Mrs. V. Geddes advising of her concerns respecting potential damage to her home resulting from vibration during construction, and concerns with respect to increased traffic volumes. Mr. G. Boyd addressed the Committee advising that a new site plan was submitted to Planning staff along with an Application for Site Plan Approval, and through this process certain amendments to A 2003-006 are required, as outlined in the Planning Division's comments. Mr. Boyd noted that the Committee is in receipt of a copy of the revised site plan, and requested the Committee consider the necessary amendments to the application. Ms. W. Lepine an employee of Sobeys questioned when the new store would be constructed and what flag it would have. Ms. Shpigel responded that it is anticipated construction will commence in the spring for a summer opening, and the new store will be a Price Choppers Store. Mr. B. Sloan advised that the site plan application has received approval in principle, pending this Committee's decision. Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of Sobeys Capital Incorporated requesting permission to construct a new retail store with a rear yard of 1.5 m (4.92 ff.) rather than the required 7.5 m (24.6 ff.), a southerly side yard of 4.5 m (14.76 ff.) rather than the required 7.5 m (24.6 ff.), and permission to locate parking within 2 m (6.56 ff.) of the lot line abutting Highway 8 rather than the required 3 m (9.84 ft.) and a parking setback of 2.1 m (6.88 ff.) abutting Weber Street rather than the required 3 m (9.84 ft.) on Lot 125 & Part Lot 124, Registered Plan 765, and Part Lot 2, Registered Plan 267, 1111 Weber Street East, Kitchener, BE APPROVED, subject to the following condition: 1. That the variances approved in this application shall apply to the proposed development only as finally approved through Site Plan Application SP 03/01NV/D. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Carried CONSENT AND MINOR VARIANCE Submission Nos.: Applicant: Property Location: Legal Description: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 George & Irene Shouffas 572 Hidden Valley Road Lot 11, Registrar's Compiled Plan 1523, being Part 1, Reference Plan 58R-10961 Appearances: In Support: Irene Shouftas Contra: None Public Submissions: COMMITTEE OF ADJUSTMENT 11 FEBRUARY 11, 2003 1. Submission Nos.: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 (Cont'd) In Support: None Contra: None The Committee was advised that the applicant requests permission to convey 2 parcels of land as follows: Parcel 1: · width on Hidden Valley Road of 29 m (95.14 ff.) · depth of approximately 107.43 m (352.46 ft.) · area of 3,359 m2 (0.83 acres). Parcel 2: · width on Hidden Valley Road of 29 m (95.14 ff.) · depth of approximately 124.4 m (408.13 ff.) · area of 3,374.6 m2 (0.834 acres). For each of the 2 new lots the applicant is requesting approval of a lot width of 29 m (95.14 ft.) rather than the required 30 m (98.42 ft.). The retained lands have a width on Hidden Valley Road of 30.14 m (98.88 ft.) and extend from Hidden Valley Road to the Grand River, having a lot area of 7,372.04 m2 (1.82 acres). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - January 31,2003, in support, subject to certain conditions; · The following had no concerns with respect to this application: · Region of Waterloo- February 5, 2003 · Grand River Conservation Authority- January 24, 2003 In review the recommended conditions of the Planning Division, Ms. Shouffas questioned the need for Condition No. 2 from the Regional Municipality of Waterloo, as she has already submitted a Noise Study. Mr. B. Sloan suggested that the Committee could impose the condition from the Region's comments dated January 8, 2003, requiring the owners to enter into an agreement with the City of Kitchener to provide for implementation of the noise study attenuation measures. With respect to the City's requested Condition No. 3, as contained in the Planning Division comments dated January 31, 2003, Mrs. Shouffas questioned whether these arrangements could be made after the property is sold. Mr. Sloan advised that staff would agree to either have payment now or have the owners enter into an agreement to satisfy this condition after the deeds are endorsed. Submission B 2003-001 Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of George and Irene Shouftas requesting permission to convey a parcel of land having a width of 29 m (95.14 ft.) on Hidden Valley Road, by an approximate depth of 107.43 m (352.46 ff.) and an area of 3,359 m2 (0.83 acres) on Part Lot 11, Registrar's Compiled Plan 1523, 572 Hidden Valley Road, Kitchener, BE GRANTED, subject to the following conditions: That the owners shall receive final approval of Applications for Minor Variance Submission Nos. A 2003-001 and A 2003-002. 2. That the owners shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. COMMITTEE OF ADJUSTMENT 12 FEBRUARY 11, 2003 1. Submission Nos.: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 (Cont'd) That the owners shall either enter into an agreement with the City of Kitchener for the purpose of making, or make, financial arrangements satisfactory to the City's Director of Engineering for the installation, to City standards, of culverts for driveway ramps where applicable, and for boulevard landscaping, including street trees and a paved driveway ramp, on the severed lands. The owners shall submit, for review by the City's Chief Building Official, a geotechnical investigation completed by a professional engineer confirming the suitability of the severed lot for private in-ground sewage disposal systems. 5. That the owners shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners shall submit an archaeological assessment for the subject lands to be forwarded to the Ministry of Culture for approval; a copy of the completed assessment shall also be forwarded to the Regional Commissioner of Planning, Housing and Community Services. That the owner shall enter into an agreement with the City of Kitchener to provide for implementation of the Noise Study Attenuation Measures, and to ensure that the following warning clause is included in all agreements of purchase and sale and rental agreements: "Due to its proximity to Highway No. 8, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo, and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning. Central air- conditioning has been installed to allow exterior windows and doors to remain closed." 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 February 11,2005. Carried Submission B 2003-002 Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of George & Irene Shouftas requesting permission to convey a parcel of land having a width of 29 m (95.14 ft.) on Hidden Valley Road, by an approximate depth of 124.4 m (408.13 ff.) and having an area of 3,374.6 m2 (0.834 acres) on Part Lot 11, Registrar's Compiled Plan 1523, 572 Hidden Valley Road, Kitchener, BE GRANTED, subject to the following conditions: 1. That the owners shall receive final approval of Applications for Minor Variance Submission Nos. A 2003-001 and A 2003-002. COMMITTEE OF ADJUSTMENT 13 FEBRUARY 11, 2003 1. Submission Nos.: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 (Cont'd) 2. That the owners shall pay to the City of Kitchener a cash-in-lieu of parkland dedication equal to 5% of the value of the land to be severed. That the owners shall either enter into an agreement with the City of Kitchener for the purpose of making, or make, financial arrangements satisfactory to the City's Director of Engineering for the installation, to City standards, of culverts for driveway ramps where applicable, and for boulevard landscaping, including street trees and a paved driveway ramp, on the severed lands. The owners shall submit, for review by the City's Chief Building Official, a geotechnical investigation completed by a professional engineer confirming the suitability of the severed lot for private in-ground sewage disposal systems. 5. That the owners shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. That the owners shall submit an archaeological assessment for the subject lands to be forwarded to the Ministry of Culture for approval; a copy of the completed assessment shall also be forwarded to the Regional Commissioner of Planning, Housing and Community Services. That the owner shall enter into an agreement with the City of Kitchener to provide for implementation of the Noise Study Attenuation Measures, and to ensure that the following warning clause is included in all agreements of purchase and sale and rental agreements: "Due to its proximity to Highway No. 8, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo, and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning. Central air- conditioning has been installed to allow exterior windows and doors to remain closed." 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 February 11,2005. Carried Submission A 2003-001 Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of George & Irene Shouftas requesting permission for a lot to have a width of 29 m (95.14 ff.) rather than the required 30 m (98.42 ff.) on Part Lot 11, Registrar's Compiled Plan 1523, 572 Hidden Valley Road, Kitchener, BE APPROVED. COMMITTEE OF ADJUSTMENT 14 FEBRUARY 11, 2003 1. Submission Nos.: B 2003-001, B 2003-002 & A 2003-001, A 2003-002 (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. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission A 2003-002 Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of George & Irene Shouftas requesting permission for a lot to have a width of 29 m (95.14 ff.) rather than the required 30 m (98.42 ff.) on Part Lot 11, Registrar's Compiled Plan 1523, 572 Hidden Valley Road, Kitchener, 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 Municipal Plan is being maintained on the subject property. Carried MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: A 2003-009 Ralph Gray 183 Victoria Street South Lot 2, Registered Plan 107 Ralph Gray Hank Young Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to add a covered deck to the front and westerly side of the existing multiple dwelling to have a setback from Victoria Street (front yard) of 2.89 m (9.48 ft.) rather than the required 3 m (9.84 ft.) and a setback from Henry Street (sideyard abutting a street) of 2.74 m (9 ft.) rather than the required 3 m (9.84 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - January 21,2003 - in support; COMMITTEE OF ADJUSTMENT 15 FEBRUARY 11, 2003 1. Submission No.: A 2003-009 (Cont'd) · Director of Building - January 29, 2003 - in support, subject to a building permit being obtained; · The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - February 6, 2003 · Region of Waterloo- February 5, 2003 · Grand River Conservation Authority- January 21,2003; It was noted by the Committee that the Region of Waterloo is widening Victoria Street in this location. Mr. Gray advised that the Region is widening the street within the limits of the existing right-of-way and will not be taking any of his land for this purpose; although he will be giving Kitchener-Wilmot Hydro an easement in connection with the widening. In this regard Mr. Gray provided the Committee with a copy of a Memorandum of Agreement between himself and the Region of Waterloo, attached to which is a plan showing that no widening will be taken from his property, and showing the location of the proposed hydro easement. Moved by Mr. B. Issac Seconded by Mr. D. Cybalski That the application of Ralph Gray requesting permission to add a covered deck along the front and partially along the side of an existing multiple dwelling to have a setback from Victoria Street of 2.89 m (9.48 ft.) rather than the required 3 m (9.84 ff.) and a setback from Henry Street (sideyard abutting a street) of 2.74 m (9 ff.) rather than the required 3 m (9.84 ff.) on Lot 2, Registered Plan 107, 183 Victoria Street South, Kitchener, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the proposed covered deck only, generally as shown on the plan submitted with the application. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2003-010 Salim Surani In Trust 702 King Street West Part Lots 401 & 402, Registered Plan 376, being Part 2, Reference Plan 58R-1987 Appearances: In Support: Salim Surani Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to locate a personal service use (Hearing Aid Clinics & Home Health Care) in a freestanding building rather than in a multi-use building, and to legalize this building's rearyard of 0.2 m (0.65 ft.) rather than the required 7.5 m (24. 6 ff.). COMMITTEE OF ADJUSTMENT 16 FEBRUARY 11, 2003 2. Submission No.: A 2003-010 (Cont'd) The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - February 4, 2003 - in support, provided variances apply only to the existing building; The following had no concerns or comments with respect to this application: · Traffic & Parking Analyst - February 11,2003 · Director of Building - January 29, 2003 · Grand River Conservation Authority- January 21,2003; Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of Salim Surani In Trust requesting permission to occupy 100% of the existing building with a personal service use, and legalization of the existing rearyard of 0.2 m (0.65 ft.) rather than the required 7.5 m (24.6 ff.) on Part Lots 401 & 402, Registered Plan 376, being Part 2, Reference Plan 58R-1987, 702 King Street West, Kitchener, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the existing development only as shown on the Site Plan submitted with this application. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Submission No.: Applicant: Property Location: Legal Description: A 2003-011 Gurbinder Soomal 110 Water Street North Part Lot 112, Registered Plan 389 Carried Appearances: In Support: Raj Soomal Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to provide the 2 required parking spaces for this lodging house, in tandem in the existing driveway rather than side-by-side. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - January 27, 2003 - in support, as amended; · The following had no concerns or comments with respect to this application: COMMITTEE OF ADJUSTMENT 17 FEBRUARY 11, 2003 Submission No.: A 2003-011 (Cont'd) · Director of Building - January 29, 2003 · Traffic & Parking Analyst - February 6, 2003 · Region of Waterloo - February 3, 2003 · Grand River Conservation Authority- January 21,2003; At the request of Mr. Soomal, the Committee agreed to consider amendments to the application in accordance with Planning Division comments. Moved by Mr. B. Issac Seconded by Mr. D. Cybalski That the application of Gurbinder Soomal requesting legalization of a lodging house having a rearyard of 1.87 m (6.13 ft.) rather than the required 7.5 m (24.6 ft.), on a lot having a width of 12.10 m (39.69 ff.) rather than the required 15 m (49.2 ff.), and permission to provide 2 parking spaces in tandem in the existing driveway rather than side-by-side on Part Lot 112, Registered Plan 389, 110 Water Street North, Kitchener, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the existing building only as shown on the plan submitted with this application. It is the opinion of this Committee that: 1. The variances requested in this application are 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 Municipal Plan is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: In Support: Contra: B 2001-052 Thomas Hugh O'Rourke 19 & 21 Bingeman Street Parts of Lot A, Registered Plan363 Thomas O'Rourke None None None The Committee was advised that the applicant requests permission to divide the subject lands into two parcels, with each parcel containing an existing triplex. The lands to be severed (21 Bingeman Street) will have a lot width of 9.3 m (30.5 ff.), by a depth of 41.44 m (135.96 ff.) and an area of 385.24 m2 (4,146.85 sq. ft.) A right-of-way for access is also requested over the retained lands in favour of the severed parcel. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): COMMITTEE OF ADJUSTMENT 18 FEBRUARY 11, 2003 3. Submission No.: B 2001-052 (Cont'd) · Planning Division - January 21,2003 - in support, subject to certain conditions; · The following had no concerns or comments with respect to this application: · Director of Building - January 29, 2003 · Traffic & Parking Analyst - February 6, 2003 · Region of Waterloo- February 5, 2003; It was noted by Mr. Sloan that the owner has submitted a Draft Reference Plan showing the severed lands as Part 1 on the Plan and the retained lands as being Parts 2,3 &4. Mr. Sloan advised that the right-of-way is to be over Part 3 on the Draft Reference Plan. He then advised the Committee that Planning Division's requested condition with respect to the submission of a draft Reference Plan is no longer required. Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of Thomas O'Rourke requesting permission to convey a parcel of land having a width on Bingeman Street of 9.216 m (30.23 ft.) by a depth of 41.455 m (136 ff.) and having an 2 area of 379.26 m (4,082.45 sq. ff.); together with a right-of-way over a portion of the retained lands (shown as Part 3 on the Draft Reference Plan), on Parts of Lot A, Registered Plan 363, 21 Bingeman Street, Kitchener BE GRANTED, subject to the following condition: 1. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 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 February 11,2005. Carried Submission No.: Applicant: Property Location: Legal Description: B 2003-007 Devonshire Erin Mills Inc. 44 Lanark Crescent Block G, Registered Plan 1448, being Parts 1 & 2, Reference Plan 58R-13583 Mr. P. Britton advised that the Committee was in receipt of a request from the applicant's agent to defer consideration of the application to the Committee's March 18, 2003 meeting, and the Committee agreed to this request. COMMITTEE OF ADJUSTMENT 19 FEBRUARY 11, 2003 CHANGE OF CONDITIONS 1. Submission No.: Applicant: Property Location: Legal Description: CC 2003-001 1058663 Ontario Inc. 33, 37 & 41 Mill Street Lots 336 & 337 Subdivision of Lot 17, German Company Tract, being Part 1, Reference Plan 58R-5948, and Lot 338, Subdivision of Lot 17, German Company Tract Appearances: In Support: Michael Saunders Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting a change of conditions imposed by the Committee in granting Application for Consent Submission No. B 2002-022, for the property municipally known as 33, 37 & 41 Mill Street. The specific conditions requested to be changed or eliminated are 3b) and 3 c) with respect to satisfying concerns of CNR Properties Inc. by way of an agreement with the Regional Municipality of Waterloo. The Committee was in receipt of the following City Staff agency comments and public submissions (if any): · Planning Division - February 4, 2003 - in support; · Region of Waterloo - February 5, 2003- in support; The Secretary-Treasurer advised that this application came about as a result of confirming with the owner as to whether all conditions of Submission No. B 2002-022 had been satisfactorily fulfilled. A review of correspondence received from the Region of Waterloo, dated December 31, 2002, revealed that although the applicant had entered into an agreement with the Region to satisfy condition 3 a) of the Provisional Consent, clauses b) and c) of Condition 3 had not been included in the agreement. A telephone conversation with Regional staff indicated that it was not the usual action of the Region to be responsible for the concerns of CNR Properties Inc. A further telephone conversation with staff at CNR Properties Inc. revealed that their comments of July 16, 2002 were intended to make the owner (applicant) aware CNR Properties Inc. had concerns they wanted addressed should there be redevelopment of the subject property, but had not anticipated an agreement. It was noted that the Committee was not in receipt of any recent correspondence from CNR Properties Inc. relative to this application. Moved by Mr. D. Cybalski Seconded by Mr. B. Issac That the application of 1058663 Ontario Inc. requesting permission to change the conditions of Provisional Consent Submission No. B 2002-022 for Lots 336 to 337, Subdivision of Lot 17, German Company Tract, being Part 1, Reference Plan 58R-5948, and Lot 338, Subdivision of Lot 17, German Company Tract, 33, 37 & 41 Mill Street, Kitchener, BE GRANTED, so that only the following conditions shall apply to Submission No. B 2002-022: 1. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT 20 FEBRUARY 11, 2003 Submission No.: CC 2003-001(Cont'd) 2. That the owner shall submit a draft reference plan to the City's Principle Planner confirming that the proposed severed and retained lots comply with the City's Zoning By-law. 3. That the owner shall enter into an agreement with the Regional Municipality of Waterloo to include the following: a) a noise warning clause shall be registered on title for the retained and severed lands as follows: "Due to the proximity to the Canadian National Railway, projected noise levels on this property may exceed Noise Level Objectives approved by the Regional Municipality of Waterloo, and may cause concern to some individuals." 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. 4. 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 February 11,2005. Carried ADJOURNMENT On motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 11th day of February, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment